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09
City of Pleasanton
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CITY CLERK
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2013
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071613
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7/9/2013 4:30:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/16/2013
DESTRUCT DATE
15Y
DOCUMENT NO
09
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ATTACHMENT 3 <br /> FIRST AMENDMENT TO LICENSE AGREEMENT <br /> THIS FIRST AMENDMENT TO LICENSE AGREEMENT (hereinafter"AMENDMENT"), is made <br /> and entered into this day of , 2013, by and between Zone 7 of Alameda County <br /> Flood Control and Water Conservation District, a body corporate and politic (hereinafter"ZONE <br /> 7")and the City of Pleasanton, a Municipal Corporation (hereinafter"CITY"). <br /> RECITALS <br /> This AMENDMENT is entered into on the basis of the following facts, intentions and <br /> understandings of ZONE 7 and CITY hereto: <br /> A. On August 27, 2008, CITY and ZONE 7 entered into a License Agreement in which <br /> ZONE 7 agreed to allow CITY to construct and maintain trails and a park-like <br /> atmosphere on certain property owned by ZONE 7 as part of the westerly buffer area of <br /> Lake I which is adjacent to Martin Avenue and known as the Buffer Zone. <br /> B. On March 3, 2009, the City Council for the City of Pleasanton approved a residential <br /> development with 110 single-family homes known as "Ironwood Active Adult <br /> Community". As a condition of approval, the City Council required Ponderosa Homes, <br /> the project developer, to construct a public trail adjacent to the development on property <br /> located along the southerly boundary of Lake I and the abandoned Mohr Avenue. <br /> C. Because portions of the public trail will be located on property owned by ZONE 7, the <br /> parties desire to amend the License Agreement to include this additional property for the <br /> CITY's use under the same terms and conditions provided for in the License Agreement. <br /> NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: <br /> 1. The property delineated in Exhibit A-1, which is attached hereto and made a part hereof, <br /> shall be added to the Zone 7 property delineated as Exhibit A under the License <br /> Agreement and together with said property be collectively known as "Site." <br /> 2. Provisions 5c. and 5.b of said License Agreement shall not apply to the portion of the <br /> SITE ( Exhibit A-1) being added under this amendment. <br /> 3. The removal of litter, vegetation and other items from the of the portion of the SITE being <br /> added under this amendment shall be the responsibility of the CITY, unless such waste <br /> or litter is caused by Zone 7 or its contractors in which situation Zone 7 shall be <br /> responsible for removal. <br /> 4. In all other respects, the terms and provisions of the August 27, 2008 License Agreement <br /> shall continue in full force and effect. <br />
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