FLOOD CONTROL LICENSE MODIFICATION 2

WHEREAS, Licensor has accepted and/or will accept the dedications of certain additional flood control channel properties which can be used for park and recreational use in accordance with said agreement dated January 19, 1971; and WHEREAS, the covenants governing termination in Section II, TERM AND TERMINATION, of'said agreement dated January 19, 1971, need to be specified; and WHEREAS, insurance limits as stated in Section A, LIABILITIES, of said agreement dated January 19, 1971 do not reflect current economic conditions and should be amended; and WHEREAS, there now exist 39 private access points and gates along the north side of the Arroyo del Valle between the Arroyo de la Laguna and Hopyard Road; and WHEREAS, Licensee and Licensor are willing to allow the existing 39 property owners with the private access points and gates and only said 39 property owners to continue to maintain said access points and gates. NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration of the premises herein and previously agreed to, Licensor hereby confers upon Licensee the license and privilege to use certain additional real properties for park and recreation use under the terms of said agreement made and entered into January 19, 1971. Said conferral by Licensor shall not be effective until Licensor has accepted and obtained fee title to said properties. Said properties are (1) the Arroyo de la Laguna from Castlewood Drive to the Pleasanton Canal and (2) and the Pleasanton Canal from the Arroyo de la Laguna to Hopyard Road, and shall be known as Line B and Line B-5, respectively, Zone No. 7. (2)