RES 84618 - Laserfiche WebLink

FIRST AMENDMENT TO RIGHT-OF-ENTRY AND ACQUISITION AGREEMENT THIS FIRST AMENDMENT TO RIGHT-OF-ENTRY AND ACQUISITION AGREEMENT is made and entered into this day of , 1984, by and between TRACOR MBA, a California corporation ("Tracor") and the CITY OF PLEASANTON, a municipal corporation (the "City"). RECITALS A. On July 10, 1984, the parties hereto entered into a Right-of-Entry and Acquisition Agreement (the "Agreement") providing for the exchange of certain properties and the City's deferred payment of compensation for certain lands taken. B. The Agreement provided that payment be made no later than December 31, 1984, with interest computed from May 17, 1984, the date the City entered the property to begin construction of the Pimlico Drive realignment. The Agreement also contemplated the completion of the exchange of properties by October 1, 1984, but the exchange was not completed until November 11, 1984. C. The City wishes to pay all costs associated with the acquisition on or about December 12, 1984, and the City and Tracor have reached agreement in the amount then due. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 4(d) is hereby amended in its entirety to read as follows: "4(d) Payment to Tracor. City shall pay to Tracor as full and total compensation for the fee and easements taken, in addition to conveyance of the real property to be conveyed pursuant to Section 4(c) above, the cash sum of $114,700." 2. Section 4(f) is hereby deleted in its entirety. 3. Section 4(g) is hereby amended in its entirety to read as follows: "4(g) Time of Payment. The City shall pay all amounts due under this Section 4 on December 12, 1984." 4. All of the Agreement not expressly amended herein shall remain in full force and effect. - 1 -