Laserfiche WebLink
FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE <br /> OF REAL PROPERTY AND ESCROW INSTRUCTIONS <br /> This First Amendment to Purchase and Sale of Real Property and Escrow Instructions <br /> ("First Amendment") is made and entered into on �J I,L44� Z I , 2011 ("Effective <br /> Date")by and between SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY, a <br /> public corporation ("Seller") and CITY OF PLEASANTON, a municipal corporation ("Buyer"). <br /> RECITALS <br /> A. On December 6, 2010 Seller, Buyer, and Chicago Title Company executed that <br /> certain agreement titled "Agreement for Purchase and Sale of Real Property and Escrow <br /> Instructions" (the"Purchase Agreement"). <br /> B. Seller and Buyer desire to amend the Purchase Agreement: (1) changing the <br /> Outside Closing Date; and (2) by providing that the entire Purchase Price will be paid in cash on <br /> Close of Escrow. <br /> C. On the same date of this First Amendment, Seller and Buyer are executing that <br /> certain agreement titled "Fee Deferral Agreement" (the "Fee Deferral Agreement") providing <br /> for Buyer to deduct from the Purchase Price certain fees Seller owes to Buyer as more <br /> particularly set forth in the Fee Deferral Agreement. <br /> D. On September 7, 2010, Seller, Buyer, Hendrick Automotive Group, and <br /> Continuing Life Communities Pleasanton, LLC, entered into that certain agreement titled <br /> "Funding and Improvement Agreement (Staples Ranch Neighborhood Park/Detention Basin)" <br /> [the "Funding Agreement"] covering, among other subjects, the respective obligations of the <br /> parties to contribute to the Purchase Price of the Property under the Purchase Agreement. <br /> E. Defined words and phrases in the Purchase Agreement that are used in this First <br /> Amendment shall have the same meanings as used in the Purchase Agreement. <br /> AMENDMENT <br /> 1. Outside Closing Date. In Section 2.3(b) [titled "Outside Closing Date"] of the <br /> Purchase Agreement, the Outside Closing Date of April 15, 2011 is changed to August 1, 2011. <br /> 2. Closing Documents; Buyer's Deliveries. Section 2.4(b) [titled "Buyer's <br /> Deliveries"] of the Purchase Agreement is deleted in its entirety and replaced with the following: <br /> "(a) Buyer's Deliveries. Buyer shall deposit: <br /> (i) Buyer's share of the Purchase Price and other sums <br /> received by Buyer pursuant to Section 1.3 of the Funding <br /> Agreement; <br /> (ii) Any documents and instruments required by the <br /> Funding and Improvement Agreement; and <br /> 000299.0044\1824276.2 1 <br />