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THE CITY OF 16 ~{ - CITY COUNCIL AGENDA REPORT pLEASANTONL September 21, 2021 Operations Services TITLE: APPROVE MODIFICATION NO. 5 TO THE EXISTING RECREATIONAL USE LICENSE AGREEMENT WITH ZONE 7 WATER AGENCY TO EXTEND THE TERM TO AUGUST 31, 2022 TO ALLOW THE CITY AND ZONE 7 WATER AGENCY TO NEGOTIATE AND EXECUTE A NEW LICENSE AGREEMENT FOR THE RECREATIONAL USE OF FLOOD CONTROL CHANNELS SUMMARY The City of Pleasanton has been utilizing Zone 7 Water Agency's (Zone 7) flood control facilities for trail use since 1971 under a Recreational Use License Agreement, A3- 7.409 (License Agreement). There have been four separate modifications (amendments) made to the License Agreement since 1971. Per Modification No. 4 of the Recreational Use License Agreement, executed in 1996, the License Agreement provides the option for an extension for another twenty-five years after its end date of July 18, 2021 . Rather than extending the existing License Agreement for another 25 years, staff recognizes the need to negotiate a new replacement Recreational Use License Agreement that updates the underlying 50 year-old License Agreement and reflects the changes in recreational use of the trails. While staff negotiates a new Recreational Use License Agreement with Zone 7 for long- term use, a short-term extension of approximately 11 months to the existing Recreation Use License Agreement is needed. All existing provisions are to remain in full effect during this time. RECOMMENDATION Approve Modification No. 5 to the existing Recreational Use License Agreement with Zone 7 Water Agency, A3-7.409, to extend the term to August 31, 2022. FINANCIAL STATEMENT There is no fiscal impact to extending the existing Recreational Use License Agreement.