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s <br />RECORDING REQUESTED BY: <br />CHICAGO TITLE COMPANY <br />RECORDED AT THE REQUEST OF <br />AND WHEN RECORDED MAIL TO <br />City Clerk <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566- <br />0802 ~~,, <br />a a~ Atq~ 2005353323------081181200508.30 <br />aClo'r mo OFFICIAL RECOt~OS OF AL.Af1EDA <br />COUNTY v - <br />v PRTRICK p`CONNELL 31.00 <br />RECORDING FEE; <br />CgL1FOPN`P <br />a ~~ ~! '~ <br />i i it I~~, ~~, ~I '' ~ g PGS <br />i ~{ Ili ' ~i III illl '~i ~,i~~, <br />SECOND AMENDMENT TO AGREEMENT APPROVING AN EXPENDITURE <br />OF FUNDS TO CLOSE FORMER LANDFILL <br />This Second Amendment to the Agreement Approving an Expenditure of Funds to Close <br />Former Landfill is entered into this 10 thday of August 2005 by the City of Pleasanton <br />City") and Pleasanton Garbage Service Inc. ("PGS"). <br />RECITALS <br />A. PGS owns property located at 2152 Vineyard Avenue, Pleasanton, which <br />is a portion of Lot 8 and Lot 15 of the Map entitled "Map of the Property of J.A. Rose," <br />Book 7 of Maps, Page 50 at the Alameda County Records ("Landfill Site"). <br />B. The Landfill Site was previously used for the disposal of solid waste under <br />a franchise with the City. The landfill operations at the Landfill Site ceased in 1976 but <br />ongoing work has been necessary to monitor and respond to landfill gas and leachate <br />associated with the prior landfill operations. <br />C. On October 7, 1986, the City and PGS entered into an Agreement <br />Approving an Expenditure of Funds to Close Former Landfill that was recorded with the <br />Alameda County Recorder's Office on February 3, 1987 as Series No. 87-031791 ( <br />the Agreement") to address the costs of closing the Landfill <br />Site.D. Pursuant to Section 5 of the Agreement, if the Landfill Site was sold <br />or developed, the money received from the sale was to be allocated first to PGS for its <br />cost of the land valued at $77,876, then second to PGS to offset future rate increases in <br />an amount equal to the expenditures necessary for closure efforts, and third to be <br />split equally between the City for the benefit of the ratepayers and PGS as a return on <br />its investment in the <br />land.E. PGS has divided the Landfill Site into Parcel 1 (approximately20.42 <br />acres south of Vineyard Avenue) and Parcel 2 (approximately 1.37 acres north of <br />Vineyard Avenue) pursuant to Parcel Map <br />8626.Page 1 of 3