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ATTACHMENT #2 MODIFICATION NO.5 OF THE AGREEMENT— A22-45-PLE DATED JANUARY 19, 1971 FOR THE USE OF FLOOD CONTROL CHANNELS FOR PARK & RECREATIONAL USES THIS MODIFICATION NO.5 OF THE ORIGINAL AGREEMENT dated January 19, 1971, by and between the ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, hereinafter referred to as "Licensor", and the CITY OF PLEASANTON, a municipal corporation, hereinafter referred to as "Licensee", WITNESSETH: WHEREAS, by License Agreement (A3-7.409) dated January 19, 1971, Licensor agreed to allow Licensee to use certain flood control channel properties for maintaining a park-like atmosphere within said channel properties so long as Licensee improves, maintains and operates such park areas in a manner that will not interfere with the basic flood control purpose of the channel and holds Licensor free from all liability and claims for damage; and WHEREAS, the License Agreement, as modified, expired on July 18, 2021; and WHEREAS, there is a mutual desire of Licensor and Licensee to execute a new License Agreement; and WHEREAS, it is the mutual desire of Licensor and Licensee to extend the term of the License Agreement, until a new License Agreement can be executed. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and conditions contained herein, Licensor and Licensee agree as follows: 1. The term of the License Agreement is extended, commencing on July 19, 2021, and terminating on Aug 31, 2022, or upon execution of a new License Agreement, whichever is earlier. 2. In all other respects, the terms and provisions of the License Agreement are to continue in full force and effect, except as previously modified. IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be affixed hereto by their respective officers authorized so. 1