STAPLES NEIGHBORHOOD PARK FUNDING-IMPROVEMENT

fib, Oot- FIRST AMENDMENT TO THE STAPLES RANCH NEIGHBORHOOD PARK/DETENTION BASIN FUNDING AND IMPROVEMENT AGREEMENT This First Amendment to the Staples Ranch Neighborhood Park/Detention Basin Funding and Improvement Agreement is entered into this 15th day of January, 2013, by the City of Pleasanton("City"), Continuing Life Communities Pleasanton, LLC ("CLC") and the Surplus Property Authority of Alameda County("ACSPA"), hereinafter referred to as 'Parties." Whereas, on September 7, 2010 the Parties entered into a the Staples Ranch Neighborhood Park/Detention Basin Funding and Improvement Agreement for improvements as part of the Staples Ranch ("Agreement"); and Whereas, the City's 20010-2012 fiscal year capital improvement program includes project 115035 Staples Ranch: Soundwall from Snowdrop Circle to Trevor Parkway; and Whereas, the parties desire to amend the Agreement for the purposes as set forth in this amendment. Now, therefore, Article 2 Off-Site Improvements of the Agreement is amended by adding the following: L CLC shall solely be responsible for the construction of the City Capital Improvement Program project No. 115035 Staples Ranch: Soundwall from Snowdrop Circle to Trevor Parkway as specified in Exhibit A to this Amendment. 2. City shall reimburse$166,340 for work detailed in Exhibit A to this Amendment. 3. CLC shall construct landscape repairs and perform off hauling of soil as related to the work described in Exhibit A at a cost mutually agreeable to both parties. 4. The total cost for 2 and 3 above shall not exceed$200,000. 5. CLC and City shall mutually establish project timelines and the project construction and payment schedule. 6. City shall notify property owners adjacent to the project of the construction timeline and activity.