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05
City of Pleasanton
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CITY CLERK
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2014
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111814
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8/27/2015 11:27:30 AM
Creation date
11/13/2014 3:14:15 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/18/2014
DESTRUCT DATE
15Y
DOCUMENT NO
5
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ATTACHMENT 2 <br /> SECOND AMENDMENT TO LICENSE AGREEMENT <br /> THIS SECOND AMENDMENT TO LICENSE AGREEMENT (hereinafter"Second <br /> Amendment") is made and entered into this 18th day of November, 2014, by and between Zone <br /> 7 of Alameda County Flood Control and Water Conservation District, a body corporate and <br /> politic(hereinafter"Zone 7") and the City of Pleasanton, a municipal corporation(hereinafter <br /> "City"). <br /> RECITALS <br /> This Second Amendment is entered into on the basis of the following facts, intentions and <br /> understanding of the parties: <br /> A. On August 27, 2008, City and Zone 7 entered into a License Agreement in which Zone 7 <br /> agreed to allow City to construct and maintain trails and a park-like atmosphere on <br /> certain property owned by Zone 7 as part of the westerly buffer area of Lake I which is <br /> adjacent to Martin Avenue and known as the Buffer Zone. <br /> B. On July 15, 2013, the parties amended that agreement to expand the license area to <br /> include additional property owned by Zone 7 in which Ponderosa homes constructed a <br /> trail adjacent to the Ironwood Active Adult Community. <br /> C. The additional property and trail were delineated in Exhibit A-1 which was incorporated <br /> into the First Amendment. <br /> D. The parties now desire to move portions of that trail alignment slightly north. As a result, <br /> Exhibit A-1 needs to be modified. <br /> K With this Second Amendment, the parties will replace Exhibit A-1 (which shows the <br /> former proposed location of the trail) with Exhibit A-2 (which shows the new location of <br /> the trail). <br /> NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS: <br /> 1. Exhibit A-1 of the First Amendment to License Agreement is hereby replaced with <br /> Exhibit A-2 which is attached hereto and incorporated herein. <br /> 2. In all other respects, the terms and provisions of the August 27, 2008 License Agreement <br /> shall continue in full force and effect as amended. <br /> IN WITNESS THEREOF, the parties hereto have executed this Second Amendment to License <br /> Agreement below their respective authorized signatures. <br /> Zone 7 of Alameda County Flood Control City of Pleasanton <br /> and Water Conservation District <br /> Nelson Fialho, City Manager <br /> G.F. Dueirg, General Manager <br /> Attest: <br /> Karen Diaz, City Clerk <br /> Approved as to form: <br />
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