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MODIFICATION NO. 3 <br />OF THE AGREEMENT <br />DATED JANUARY 19, 1971 <br /> <br />FOR <br /> <br />THE USE OF FLOOD CONTROL CHANNEL <br /> FOR A PEDESTRIAN/BIKE PATH <br /> <br /> THIS MODIFICATION NO. 3 OF THE ORIGINAL AGREEMENT dated January <br />19, 1971, by and between the ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND <br />WATER CONSERVATION DISTRICT, a body corporate and politic, hereinafter referred to <br />as "Licensor", and the CITY OF PLEASANTON, a municipal corporation, hereinafter referred <br />to as "Licensee", <br /> <br /> WlIEREAS, Licensor, has agreed to allow Licensee to use certain flood control channel <br />properties for maintaining a park-like atmosphere within said channel properties by an <br />agreement, dated January 19, 1971 as authorized by City Resolution No. 70-252 and District <br />Resolution No. 9257; and <br /> <br /> WHEREAS, Licensor is agreeable to such use so long as said Licensee improves, <br />maintains and operates such park areas in a manner that will not interfere with the basic flood <br />control purpose of the channel and shall hold Licensor free from all liability and claims for <br />damage in accordance with said agreement dated January 19, 1971; and, <br /> <br /> WHEREAS, Licensee did enter into a License Agreement dated January 19, 1971, which <br />said instrument licenses the use of those certain real properties within Zone 7 of Alameda County <br />Flood Control and Water Conservation District, and said License Agreement expires on January <br />18, 1996; and <br /> <br /> WHEREAS, it is the mutual desire of Licensor and Licensee to extend the term of said <br />License Agreement for the period of time hereinafter specified; <br /> <br /> WHEREAS, it is mutually agreed between Licensor and Licensee to add additional <br />channel properties from time to time to the original agreement for the privilege of using said <br />properties for park and recreation use with the mutual consent of both parties. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants, agreements, and <br />conditions contained herein, Licensor and Licensee, agree upon the modification to the original <br />Agreement. dated January 19, 1971, and this modification shall amend the original Agreement as <br />follows: <br /> <br />-1- <br /> <br /> <br />