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Poway Unified School District (4)MEMORANDUM OF UNDERSTANDING Between City of Poway 13325 Civic Center Drive Poway, CA 92064 and Poway Unified School District 15250 Avenue of Science San Diego, CA 92128 This Memorandum of Understanding (the "MOU") sets forth the terms and understanding between the CITY of Poway (the "CITY") and the Poway Unified School District (the "PUSD") until such time as the CITY and PUSD amend the Joint -Use Agreement (the "JUA") at the Poway Center for Performing Arts (the "PCPA"), specifically for supplemental use of the shared parking lot located west of the PCPA, north of Titan Way. Background: Currently, the CITY and PUSD share the use and expenses of the PCPA and the associated parking area as set forth in that certain JUA by and between the City and PUSD, dated May 22, 1990, and modified March 16, 2016. The land containing the PCPA and parking lot is owned by PUSD while the PCPA building is owned by the CITY. The electric meter attached to the PCPA is the CITY's meter. The CITY has received bid proposals to build a carport mounted photovoltaic (PV) system in the parking lot to offset electricity costs at the PCPA. Construction for the system is scheduled to occur during the PUSD summer 2017 recess. Purpose: The CITY wishes to amend the JUA with PUSD in an effort to install and maintain a carport mounted photovoltaic ("PV") system in the PUSD parking lot. The collaboration will provide mutual benefit to both parties by providing covered parking and monetary savings through renewable energy generation and use at the PCPA facility. Under the current JUA, the CITY is required to pay 65% and PUSD is required to pay 35% of utility (electrical and gas) charges for the PCPA only. In exchange for allowing the CITY to use PUSD's parking area, the PUSD cost share of the PCPA electrical charges will be reduced to zero for the life of the PV system. The CITY's commodity electrical charges at the PCPA would be offset by the PV system's energy generation. The estimated useful life of the PV system is 25 years. PUSD will grant an easement to the City to allow for construction and maintenance of the PV system, if necessary. PUSD will retain access to the City owned parking lot south of Titan Way. The City will continue to provide routine maintenance and scheduled sealing and striping of the City lot. Page 1 of 2 Memorandum of Understanding Between City of Poway and Poway Unified School District February 21, 2017 Page 2 Funding: Funding for the construction, permits, environmental, and Department of State Architect approvals, commissioning, interconnection, and maintenance for the PV system shall be the sole responsibility of the CITY. Subject to approval by the Poway City Council, the CITY will enter into a power purchase agreement (the "PPA") with the successful bidder as determined through a CITY issued request for bids, with an option for the CITY to purchase the system at a future date. The amended JUA will include terms that stipulate that the CITY shall be responsible for all electrical charges at the PCPA and will also receive all bill credits generated by the PV system. If the CITY decides to purchase the system, the terms of this MOU and consequently the amended JUA shall be evaluated and possibly modified by mutual agreement between the CITY and PUSD. Duration: This MOU is for an indefinite period of time but in no event longer than 25 years. It may be modified by mutual consent of authorized officials from the CITY and PUSD. This MOU shall become effective upon signature by the authorized officials from the CITY and PUSD and will remain in effect until modified by mutual consent of the parties, terminated by any one of the parties, or the terms and conditions of this MOU are incorporated into any amendment to the JUA. In the absence of mutual agreement by the authorized officials from the CITY and PUSD, this MOU shall terminate at the end of the estimated 25 -year PV system life. The CITY and PUSD shall continue to evaluate, negotiate, and finalize the terms of the JUA to include the PV system in the PCPA parking area described in this MOU. Contact Information: City of Poway Tina White City Manager 13325 Civic Center Drive Poway, CA 92064 (858)668-4501 Poway Unified School District Superintendent 15250 Avenue of Science San Diego, CA 92128 (858)521-2800 City of Poway, Tina White, City Manager Date Unified S ool District Page 2 of 2