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FIRST AMENDMENT TO THE STAPLES RANCH NEIGHBORHOOD <br /> PARK/DETENTION BASIN FUNDING AND IMPROVEMENT AGREEMENT <br /> This First Amendment to the Staples Ranch Neighborhood Park/Detention Basin Funding and <br /> Improvement Agreement is entered into this day of 2013 by the City of <br /> Pleasanton ("City"), Continuing Life Communities Pleasanton, LLC ("CLC") and the Surplus <br /> Property Authority of Alameda County ("ACSPA"), hereinafter referred to as "Parties." <br /> Whereas, on September 7, 2010 the Parties entered into a the Staples Ranch <br /> Neighborhood Park/Detention Basin Funding and Improvement Agreement for improvements as <br /> part of the Staples Ranch ("Agreement"); and <br /> Whereas, the City's 20010-2012 fiscal year capital improvement program includes <br /> project 115035 Staples Ranch: Soundwall from Snowdrop Circle to Trevor Parkway; and <br /> Whereas,the parties desire to amend the Agreement for the purposes as set forth in this <br /> amendment. <br /> Now, therefore, Article 2 Off-Site Improvements of the Agreement is amended by adding the <br /> following: <br /> 1. CLC shall solely be responsible for the construction of the City Capital Improvement <br /> Program project No. 115035 Staples Ranch: Soundwall from Snowdrop Circle to Trevor <br /> Parkway as specified in Exhibit A to this Amendment. <br /> 2. City shall reimburse $166,340 for work detailed in Exhibit A to this Amendment. <br /> 3. CLC shall construct landscape repairs and perform off hauling of soil as related to the work <br /> described in Exhibit A at a cost mutually agreeable to both parties. <br /> 4. The total cost for the project shall not exceed $200,000. <br /> 5. CLC and City shall mutually establish project timelines and the project construction and <br /> payment schedule. <br /> 6. City shall notify property owners adjacent to the project of the construction timeline and <br /> activity. <br /> Page 3 of 4 <br />