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(iii) An additional sum to pay Buyer's share of closing <br /> costs and prorations as provided in this Agreement." <br /> 3. Closing; Actions by Escrow Holder. Section 2.5(a) [titled "Actions by Escrow <br /> Holder"] of the Purchase Agreement is amended as follows: <br /> (a) Item (vi) is amended to read: "Distribute to Seller, or as Seller may <br /> instruct, the Purchase Price less Seller's share of closing costs and prorations as provided in this <br /> Agreement." <br /> (b) Item(vii) referencing the Promissory Note is deleted in its entirety. <br /> 4. Deletion of Promissory Note. Exhibit D to the Purchase Agreement is deleted <br /> from the Purchase Agreement and any references to the Promissory Note in the Purchase <br /> Agreement are deleted. <br /> 5. Miscellaneous. <br /> (a) Effectiveness of Purchase Agreement. Subject to the provisions of this <br /> First Amendment and the Fee Deferral Agreement,the Purchase Agreement shall remain <br /> unchanged and in full effect in accordance with its terms. <br /> (b) Governing Law. This First Amendment shall be governed by and <br /> construed in accordance with the laws of the State of California. <br /> (c) Attorneys' Fees. Section 6.8 [titled "Attorney's Fees"] of the Purchase <br /> Agreement shall be applicable to any action or proceeding to enforce or interpret, or otherwise <br /> arising out of or relating to,this First Amendment or any provision thereof. <br /> Executed as of the Effective Date. <br /> SELLER: BUYER: <br /> SURPLUS PROPERTY AUTHORITY OF CITY OF PLEASANTON, a municipal <br /> ALAMEDA COUNTY, a public corporation corporation <br /> By: `at it By: <br /> 's Bazar,Manager 4 Nelson Fialho, City Manager <br /> Date: 062—0Coe <br /> Date: cl 3 I /rt-bt <br /> ATTE'T: <br /> I•t1 • // <br /> en D':z, city Clerk at <br /> APPROVED ASS TO FORM: <br /> nathan LoweIr Clty Attorney <br /> 000299.0044\1824276.2 2 <br />