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/wC 4. In order to allow for more efficient use of the TC License over Area 1, the OWNER agrees that the existing fence depicted on Exhibit A that separates the OWNER's "Flat Area Property" from the property owned by Manny and Juanita Del Arroz, Alameda County, APN 949-14-85 ("Del Arroz Property") may be removed by the CITY's contractor and replaced with a new barbed wire and woven wire fence. The new fence shall be sixteen and one-half feet to the north of the current fence location. Both locations are depicted on Exhibit A. It is understood by the CITY that the OWNER, by agreeing to allow relocation of the fence line, does not waive in any way its assertions that it owns the property between the existing fence and the new fence in Area 1, that it is not a public road and that the property in Area 1 has not been previously dedicated or otherwise conveyed to Alameda County or the CITY. The CITY agrees it shall not claim that the relocation of the fence line by this Agreement is evidence that the property underlying the TC License in Area 1 is a public road or has previously been dedicated or otherwise conveyed to Alameda County or the CITY. 5. The new fence referenced hereinabove in Paragraph 4 shall be constructed to the same standards for other fences on the OWNER's properties as follows: woven wire fence with 3 strands of 4-point barbed wire on top and a strand of 4-point barbed wire at the bottom of the fence, with standard stud 133 tee steel posts on ten-foot centers and appropriate bracing for angle points and turns, with one brace at least over one thousand linear feet in addition to angle points and turns. In addition, the bracing between the new fence and the fence separating the OWNER's property from the Mortensen Property shall be to the same standard that exists at the current fence CAWINDOWS\Temporary Internet Fi1es\0LKF145\2EACLicense-I10E22.doc