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<br />FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN
<br />CITY OF SAN LEANDRO AND THE
<br />EAST BAY REGIONAL PARK DISTRICT
<br />FOR THE SHORELINE TRAIL
<br />
<br />A. Effective Date and Parties: Effective June 19, 2007, the CITY OF SAN LEANDRO, a municipal
<br />corporation of the State of California (hereinafter called "CITY,") and the EAST BAY REGIONAL PARK
<br />DISTRICT, a California special district (hereinafter called "DISTRICT"), mutually agree as follows:
<br />
<br />B. Purpose: On April 19, 1982, CITY and DISTRICT entered into a License ("License") entitled
<br />"Agreement and License" covering the construction, operation, and maintenance and use of a right of way
<br />and access to the Shoreline Trail, as set forth in Exhibit A, attached hereto and made a part hereof. The
<br />original License has never been amended and is scheduled to expire on June 19,2007, as extended.
<br />
<br />The purpose of this First Amendment to the Agreement and License is to: (1) extend the term of
<br />the License for twenty-five (25) years, (2) revise and update the indemnity, (3) revise and update the
<br />insurance requirements, and (4) add conditions of revocation of this License.
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<br />C. Amendment to License: This License shall be amended as follows:
<br />
<br />1) Section 2 of the License is hereby amended to read as follows:
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<br />2. Term of License. Unless suspended or partially revoked as hereinafter set forth, this
<br />license to construct, operate and maintain a trail to be used by the general public shall terminate on
<br />April 19, 2032. By mutual written consent of the parties hereto, the term of this License may be extended
<br />for an additional twenty-five (25) year term.
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<br />2) Section 4 of the License is hereby amended to read as follows:
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<br />4. Indemnification:
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<br />District shall indemnify, save, protect, defend and hold harmless City, its boards, officers, employees,
<br />agents and contractors from and against any and all loss, liability, expense, claims, costs, suits and
<br />damages, including attorney's fees, arising out of or connected with District's operations and performance,
<br />and the presence or public use of the Trail or Property.
<br />
<br />City shall indemnify, save, protect, defend and hold harmless District, its boards, officers, employees from
<br />and against any and all loss, liability, expense, claims, costs, suits and damages, including attorney's fees,
<br />arising out of or connected with City's operations and performance, and the presence or public use of the
<br />Trail or Property.
<br />
<br />In the event a trail user or other person makes a personal injury or other claim arising out the use of the
<br />Trail against both City and District, District shall at District's initial expense defend the claim and any related
<br />litigation or other proceedings. District shall notify City of any such claim and upon request of City, shall
<br />keep City informed and consult with City concerning any such claim. If City reasonably concludes that it
<br />has any exposure then the selection of any common counsel and decisions in the course of defending the
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<br />930896-4
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