THREEHAND 07-062 - Laserfiche WebLink

V ! ~V ~vl FIRST AMENDMENT TO PURCHASE AND SALES AGREEMENT This First Amendment to Purchase and Sales Agreement (the "Amendment") between Threehand LP, a limited partnership, ("Seller") and the City of Pleasanton ("City") is entered into as of March ¢ ; 2007. RECITALS A. On January 28, 2005, Seller and the City entered into a Purchase and Sale Agreement (the "Agreement") by which Seller agreed to sell a certain pazcel of real property to City (described in Exhibit A to the Agreement), to grant certain easements to the City, and to pay City $28,500 in exchange for the City's constructing certain improvements intended to benefit the Seller in connection with Seller's development of its property. B. The parties now wish to amend the Agreement to finalize and memorialize the scope and extent of the improvements referenced in the Agreement, as well as to limit the dollaz amount ofthe City's fmancial participation in the construction ofthe improvements described herein. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and this Amendment, the parties agree as follows: l . The new road within Seller's property shall be generally cut into the hillside that follows the existing roadway on the property and shall be graded, as described in the Aliquot Final Plans defined in Section 4, below, to reduce impacts on the existing trees. The road will be extended approximately 450 feet further up the ridge from its existing terminus to serve the City water tank. The roadway will provide access to the tank and future homes within Seller's property. 2. Contemporaneous with, and conditioned upon, the filing ofthe Final Map relating to the subdivision ofthe Seller's property, Seller shall transfer to the City a fee interest in the subject pazcel of real property described in Exhibit A and as depicted in Exhibit A-1 to the Agreement. At the time of the transfer, the Exhibit A property will be subject only to those exceptions oftitle that are acceptable to City. On the Final Map, Seller shall grant to City an easement for public utility and access purposes as depicted generally on Exhibit B. If the actual legal description of this easement changes after the access road has been constructed, Seller shall execute the necessary grant of easement, and City shall execute the necessazy quitclaim, to clarify the easement. Seller shall also grant City a temporazy construction easement for construction ofthe reservoir and access road as depicted generally in Exhibit C. The City's acceptance of the access road, sanitary sewer main and water main improvements shall occur in conjunction with the subdivision improvements for Tract 7815.