RES 231354 - Laserfiche WebLink

MODIFICATION OF LICENSE AGREEMENT r" This Modification of License Agreement made and entered into this day of 1 . Rti , 2012, by and between the County of Alameda (hereinafter referred to as COUNTY) and the East Bay Regional Park District (hereinafter referred to as DISTRICT): WITNESSETH: WHEREAS, COUNTY AND DISTRTICT, on December 15, 1998, by COUNTY Resolution No. R-99-80 and by DISTRICT Resolution No. 1998-10-229, entered into a license agreement whereby DISTRICT would develop, operate and maintain certain trail facilities on a portion of COUNTY lands as they are described therein; and WHEREAS, subsequent to the execution of the subject license, the DISTRICT has been granted funding for improvements to said trail; and WHEREAS, because of this funding, it is necessary to amend said license to extend the term for an additional period of ten years and to modify Section 6, Revocation,of said license; NOW THEREFORE, BE IT MUTUALLY AGREED that the term of said license is extended an additional ten (10)years,with the new termination date being thirty-five (35)years from the original execution date of December 15, 1998;and BE IT FURTHER AGREED that Section 6, Revocation, of said license be replaced in its entirety by the following: Section 6, Revocation In the event the primary uses of the Property by LICENSOR or LICENSOR's permittees require some permanent use of a portion or portions of the Property which, by nature thereof, precludes LICENSEE's use thereof, LICENSOR may, upon five-years prior written notice, revoke this License as to the area required for such permanent primary use. LICENSOR shall supply LICENSEE with a map or drawing identifying the area(s) as to which this License is so revoked. Prior to and during the five-year revocation notice period LICENSOR agrees to actively work with LICENSEE to develop alternatives that, if possible, will accommodate both LICENSOR's primary use and LICENSEE's trail. In the event of such revocation, LICENSOR will make every reasonable effort to provide an alternate Trail route upon the Property suitable to both LICENSEE and the Federal Highway Administration (the funding source for LICENSEE's Trail). In the event that a reasonable alternate Trail route cannot be provided, LICENSOR agrees that any project by LICENSOR, or LICENSOR's permittees, which precludes LICENSEE's use of the Property will include partial repayment of the grant to the Federal Highway Administration (FHWA) as a cost of said project, should LICENSEE be required by FHWA (or Caltrans) to repay a portion of said grant. LICENSOR will only repay that amount of the grant that FHWA (or Caltrans) requires of LICENSEE by