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ATTACHMENT #1 RECREATIONAL USE LICENSE AGREEMENT THIS LICENSE AGREEMENT (hereinafter "LICENSE"), is made and entered into this day of , 2022, by and between Zone 7 of Alameda County Flood Control and Water Conservation District, a body corporate and politic (hereinafter "ZONE 7") and the City of Pleasanton, a Municipal Corporation (hereinafter "CITY"). RECITAL A. Both parties are authorized by the acts governing them to plan, improve, maintain and operate facilities and parks for public recreation; B. ZONE 7 has accepted and/or will be accepting certain rights of way (hereinafter "LICENSED AREAS"), which can be used for park and recreation uses in accordance with this LICENSE AGREEMENT and amendments thereto; C. CITY has indicated its desire that these rights of way be developed so that a park -like atmosphere can be created within and about the LICENSED AREAS; D. The purpose of this LICENSE AGREEMENT is to replace and supersede the original License Agreement entered into by the CITY and ZONE 7 on January 19, 1971, and all modifications thereto; and E. ZONE 7 is agreeable to such use by CITY on the LICENSED AREAS and hereby grants a non-exclusive LICENSE for said use upon the following terms and conditions. NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: 1. Permitted Use. Subject to the terms of this LICENSE, the CITY is permitted to construct, improve, maintain and operate the LICENSED AREAS for park and recreation purposes. 2. Licensed Areas. The LICENSED AREAS are identified in Exhibit A (Location Map) and more particularly described and delineated in Exhibit B-1 through B-5, which are attached hereto and made a part hereof. 3. Additional Licensed Areas. Additional LICENSED AREAS, as mutually agreed upon by CITY and ZONE 7, may be added by written amendment to this LICENSE. 4. License Fee. This LICENSE shall not require payment of any rent or other charges to ZONE 7 by CITY for the use of the LICENSED AREAS for the purposes for which it is permitted. 5. Term of License. a. The term of this LICENSE shall be for twenty-five (25) years from the date of execution of this LICENSE with an option to CITY of renewal for additional periods of twenty-five (25) years thereafter upon application therefore accompanied by a showing of faithful exercise thereof according to the covenants herein; either this original LICENSE or any renewal thereof to be subject to termination under the covenants provided herein to govern such termination. Renewals shall be subject to updating the conditions on use of the LICENSED AREAS. b. CITY's obligations under Section 11 ("Indemnity") and Section 13 ("Waiver of Claims") shall survive the termination of this LICENSE.