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MODIFICATION NO. 5 TO THE LICENSE AGREEMENT <br />BETWEEN THE CITY OF PLEASANTON AND ZONE 7 OF THE <br />ALAMEDA COUNTY FLOOD CONTROL AND WATER <br />CONSERVATION DISTRICT <br /> <br />FOR <br /> <br />THE ADDITION OF FLOOD CONTROL AND WATER CONSERVATION <br /> PROPERTY TO THE AGREEMENT <br /> <br />THIS MODIFICATION NO. 5 OF THE ORIGINAL LICENSE AGREEMENT ("Modification") <br />dated January 19, 1971, by and between ZONE 7 OF ALAMEDA COUNTY FLOOD <br />CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, <br />hereinafter referred to as "Licensor", and the CITY OF PLEASANTON, a Municipal <br />Corporation, hereinafter referred to as "Licensee". <br /> <br />RECITALS <br /> <br />This Modification is entered into on the basis of the following facts, intentions and <br /> understandings of the Licensor and Licensee hereto: <br /> <br />WHEREAS, Licensor and Licensee previously entered into that certain License Agreement <br />between the Zone 7 of Alameda County Flood Control and Water Conservation District and the <br />City of Pleasanton dated January 19, 1971; and <br /> <br />WHEREAS, Licensor has agreed to allow Licensee to use certain flood control and water <br />conservation properties for maimaining parks and recreational facilities (including <br />bicycle/pedestrian pathways) within said properties; and <br /> <br />WHEREAS, Licensor is agreeable to such use so long as said Licensee improves, maintains, and <br />operates such park and recreational facilities in a manner that will not interfere with the basic <br />flood control and water conservation activities; and <br /> <br />WHEREAS, Licensor has recently been granted ownership of Lake I as designated and <br />delineated on the Specific Plan for Livermore-Amador Valley Quarry Reclamation (1981) and <br />the Zone 7-Hanson (formerly Kaiser Sand and Gravel Company) Agreement of 1987; and <br /> <br />WHEREAS, the City of Pleasanton has previously installed a paved path adjacent to Martin <br />Avenue on said Lake I property which is used as a public sidewalk; and <br /> <br />WHEREAS, the open space area between the paved path and the chain-link fence around Lake I <br />has been used by the public for casual walking and similar recreational purposes; and <br /> <br />Page 1 of 3 <br /> <br /> <br />