FLOOD CONTROL LICENSE MODIFICATION 5 LAKE I BUFFER STRIP

WHEREAS, it is the intent of the parties to allow a continuation of the historical use of the paved path and open space area until such time as a long-term arrangement for the use of this area can be developed; and WHEREAS, it is mutually agreed between Licensor and Licensee to add certain Lake I property to the 1971 Agreement, on a temporary basis, for the privilege of using said property for park and recreational facilities use under the terms of said License Agreement as modified herein until a long term arrangement between the parties is developed; and NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy of which is hereby acknowledged, Licensor and Licensee hereby agree as follows: Licensor shall allow Licensee to use for park and recreational purpose (including bicycle/pedestrian pathways) under the License Agreement as previously modified, that portion of Lake I, located between Martin Avenue and the chain-link fence, as it now exists or as may be relocated by Zone 7 from time to time, as shown on Exhibit "A" - LAKE I BUFFER STRIP attached. Licensee shall maintain the paved path in a safe manner at its own cost and expense. Licensee shall also remove litter and refuse generated by the public's use of the Lake I Buffer Strip. The balance of the open space shall remain in its existing, unimproved state; however, Licensee may undertake such limited maintenance, such as tree trimming, weed abatement, or dirt path regrading, as it deems necessary and appropriate to maintain the historical uses of the buffer strip and its assumption of liability for the public's continued presence on it. In the event weed abatement is mandated by a fire protection agency, the parties will jointly review options for meeting said mandate, consistent with the historical uses of the buffer strip, and shall determine the method and cost allocation therefor at that time. The Term of the use of the LAKE I BUFFER STRIP under Modification No. 5 shall be one year from the date of the execution of this Modification and may be extended by mutual written agreement of both parties for one year intervals. Either party may terminate this Modification to the license agreement upon 90-day written notification to the other party 6. In all other respects, the terms and provisions of the License Agreement are to continue in full force and effect, except as previously modified. IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be affixed hereto by their respective officers authorized so. Page 2 of 3