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ATTACHMENT 1 FIRST AMENDMENT TO AGREEMENT FOR ASSUMPTION OF MAINTENANCE BY LAGUNA OAKS HOMEOWNERS ASSOCIATION THIS FIRST AMENDMENT to the Agreement for Assumption of Maintenance is made this day of 2010 between the City of Pleasanton "City and the Laguna Oaks Pleasanton Owners Association "Association). A. In 1996, the City formed the Laguna Oaks Lighting and Landscape Maintenance District for properties within the Laguna Oaks Planned Unit Development, Tract 6266, Pleasanton, California. B. The resolution forming such Maintenance District provided that the following improvements within the District would be maintained and repaired by the property owners within the District: designated landscaped and open space areas; entry features; entry lighting; masonry soundwalls; wrought iron fences; common area drainage ditches; irrigation systems; trees and plantings in designated landscaped areas; street lights and pathway lighting "the Improvements C. The resolution also provided that the property owners within the District would pay for furnishing water and power for the irrigation systems and the street lights and pathways within the District, together with all appurtenant and incidental expenses associated therewith. D. The Association represents members who own property within the District. E. In November 1999 the City and the Association agreed (the November 1999 Agreement) to have the Association assume the maintenance and repair responsibilities for the Improvements within the District and to that end, Association amended its CC &R's to provide for such maintenance and repairs, and City approved the suspension of the assessments for the District based on the commitment by the Association to provide for such maintenance and repairs. F. The improvements, however, that were identified in the November 1999 Agreement only identified certain improvements, namely, plantings, irrigation systems, field inlets and v- ditches, rather than all the Improvements that had been identified in the resolution forming the Maintenance District. G. Recently it came to the parties' attention that even though the Association since November 1999 has been maintaining and repairing the Improvements, the lack of specificity in the November 1999 Agreement has caused some ambiguity about the Association's responsibilities. H. The parties now wish to amend the November 1999 Agreement to remove such ambiguity.