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x <br />RECORDING UESTED 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 S20 ~~~ <br />J <br />y)_UAAU11_~5y~i( _r~.y{{, rry{(, (p~ _ _ Iy(~f 11 ;11 I7~~', I/y 4P~1p1i1 rU~f 1/~t- r{-Lhf -~~p~- - - - -OFALA <br />2Y0~V~T <br />V~d iYl~aV{iV VV ~ VV ~iti.~hFt~16~+ Kra )k~? <br />a '~h t-t,~k!"~~G~ '~l1l:N i Yv PRT~IC`K U `~~ <br />NNELL p L! F OPN,P <br />li II II~ IIis. <br />N11,.Pleasanton, CA 94566-0802 ~~ i {; ~! ~', ; <br />I, ~~pa~3~ ~~-1 FIRST <br />AMENDMENT TO AGREEMENT <br />APPROVING AN EXPENDITURE OF FUNDS TO CLOSE FORMER <br />LANDFILL This First Amendment to <br />the Agreement Approving an Expenditure of Funds to Close Former Landfill is entered <br />into this- r~ th day of A„q„ G t 2005by the City of Pleasanton ("City") and Pleasanton <br />Garbage Service, Inc. ("PGS").RECITALS A. PGS owns <br />and <br />operated a landfill for the disposal of solid waste under a franchise with the City, <br />which was located at 21 S2 Vineyard Avenue, Pleasanton, which is a portion of <br />Lot 8 and Lot 1 S of the Map entitled "Map of the Property of J.A. Rose,"Book 7of Maps, <br />Page SO at the Alameda County Records ("Landfill Site").B. On October 7, <br />1986, the City and PGS entered into an Agreement Approving an Expenditure of <br />Funds to Close Former Landfill that was recorded with the Alameda County Recorder's <br />Office on February 3, 1987 as Series No. 87-031791 Agreement") to address <br />the costs of closing the Landfill Site.C. Pursuant to <br />Section S of the Agreement, if the Landfill Site was sold or developed, the money <br />received from the sale was to be allocated first to PGS for its cost of the land <br />valued at $77,876, then secondto PGS to offset future rate increases in an amount equal to <br />the expenditures necessary for closure efforts, and third to be split equally between the <br />City for the benefit of the ratepayers and PGS as a return on its investment in the <br />land.D. PGS now <br />desires to divide the Landfill Site into Parcel 1 (approximately 20.42 acres <br />south of Vineyard Avenue) and Parcel 2 (approximately 1.37 acres north of Vineyard Avenue) pursuant <br />to proposed Parcel Map 8626.E. PGS also <br />desires to convey Parcel 2 to Mardel LLC in exchange for Lot 1 S of <br />Tract 7160 recorded August 10, 2004 in Book 277 of Maps at Pages 62-72 and has requested that <br />Parcel 2 be released from the Agreement.Page 1 <br />of 2 ~ \