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FIRST AMENDMENT TO LICENSE <br />Between <br />CITY OF SAN LEANDRO <br />and the <br />EAST BAY REGIONAL PARK DISTRICT <br />for the <br />OYSTER BAY REGIONAL SHORELINE <br />A. Effective Date and Parties: Effective November 21, 2005 ,the CITY OF SAN <br />LEANDRO, a municipal corporation of the State of California (hereinafter called <br />"City,") and the EAST BAY REGIONAL PARK DISTRICT, a California special district <br />(hereinafter called "Licensee"), mutually agree as follows: <br />B. Purpose: On July 6, 1981, City and Licensee entered into a License ("License") <br />entitled "License Agreement -Oyster Bay Regional Shoreline -Neptune Drive <br />Access," covering the construction, reconstruction, maintenance and use of a right of <br />way and access to Oyster Bay Regional Shoreline ("Access"), containing 20,000 <br />square feet more or less, situated in the County of Alameda, State of California, as <br />described on Exhibit "A" and shown on Exhibit "B" attached hereto and made a part <br />hereof. The original License has never been amended and is scheduled to expire on <br />July 5, 2006. <br />The purpose of this First Amendment to License is to extend the term of the <br />License for twenty-five (25) years. <br />C. Amendment to License: This License shall be amended as follows: <br />1) Section 2 (Terms) <br />"Unless suspended or partially revoked as hereinafter set forth, this License <br />to construct, operate and maintain public park access to Oyster Bay <br />Regional Shoreline to be used by the general public shall terminate twenty- <br />five (25) years from the date hereof. By mutual written consent of the <br />parties hereto, it may be extended for an additional twenty-five (25) year <br />term." <br />2) Section 6 (Indemnify) <br />"Licensee shall indemnify, save, protect, defend and hold harmless City, its <br />boards, officers, employees, agents and contractors from and against any <br />and all loss, liability, expense, claims, costs, suits and damages, including <br />attorney's fees, arising out of or connected with the Access or its use by any <br />person other than City and their officers, employees, agents or contractors. <br />City shall indemnify, save, protect, defend and hold harmless Licensee, its <br />boards, officers, employees, agents and contractors from and against any <br />and all loss, liability, expense, claims, costs, suits and damages, including <br />attorney's fees, arising out of or connected with use of the Access by City or <br />City's officers, employees, agents or contractors." <br />U:1License Ageemenf Form -Oyster Bay -City of San Leandro.doc <br />Last printed 8/31/2005 8:42 AM 1 <br />