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<br /> . <br /> 1 <br /> AGREEMENT <br /> THIS LICENSE AGREEUEtlT, made and entered into this <br /> /9U day of Y-<WhY , 197/ , by and between the <br /> ALAMEDA COUNTY FLOOD CONTROL AND \vATER CONSERVATIOll DISTRICT, <br /> a body corporate and politic, hereinafter referred to as <br /> "Licensor" , and the City of Pleasanton, hereinafter referred to <br /> as "Licensee 11 , <br /> WIT N E SSE T H : <br /> ---------- <br /> WHEREAS, Chapter 5 of Division 7 of the Government <br /> Code of the State of California authorizes and empowers any two <br /> or more public agencies to jointly exercise by agreement any <br /> powers common to the contracting powers; and <br /> \vHEREAS , both parties are authorized by the acts <br /> governing them to plan, improve, maintain and operate facilities <br /> and parks for public recreation; and <br /> WHEREAS, Licensor, as a portion of its authorized <br /> Zone No. 7 Project, will accept certain rights-of-way for the <br /> construction of channels for flood control and water conservation <br /> purposes for Arroyo del Valle, between Arroyo de la Laguna and <br /> Hopyard Road of Zone No. 7 ; and <br /> WHE REAS , Licensee has indicated its desire that these <br /> channels retain their natural state so that a park like atmosphere <br /> can be created within and about the channel; and <br /> WHE REAS , Licensor is agreeable to such use so long as <br /> said Licensee improves, maintains and operates such park areas <br /> in a manner that will not interfere with the basic flood control <br /> purpose of the channel and shall hold Licensor free from all <br /> liability and claims for damages as described in Section X, <br /> "LIABILITIES". <br />