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A -3.409M2 <br />MODIFICATION NO. 2 <br />OF THE AGREEMENT <br />DATED JANUARY 19, 1971 <br />i <br />FOR z <br />r <br />THE USE OF FLOOD CONTROL CHANNEL <br />FOR A CREATED PARK -LIKE ATMOSPHERE <br />WITHIN AND ABOUT THE CHANNEL:.,, <br />4 <br />THIS MODIFICATION OF AGREEMENT, by and between the ALAMEDA COUNTY <br />FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, x <br />hereinafter referred to as "Licensor," and the CITY OF PLEASANTON, a Municipal <br />Corporation, hereinafter referred to as "Licensee," <br />W I T N E S S E T H: <br />WHEREAS, "Licensor" has agreed to allow "Licensee" to use certain <br />flood control channel properties for maintaining a park -like atmosphere within <br />and about said channel properties by an agreement, dated January 19, 1971, as <br />authorized by City Resolution No. 70-252 and District Resolution No. 9257; and <br />WHEREAS, Licensor was agreeable to such use so long as said Licensee <br />improves, maintains and operates such park areas in a manner that will not <br />interfere with the basic flood control purposes of the channel and shall hold <br />Licensor free from all liability and claims for damages in accordance with said <br />agreement dated January 19, 1971; and <br />WHEREAS, it was mutually agreed between "Licensor" and "Licensee" to <br />add additional channel properties from time to time to the original agreement <br />for the privilege of using said properties for park and recreation use with the <br />mutual consent of both parties; and <br />