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3. Escrow. The "Escrow" identified in Section 1.1 of the Agreement is hereby changed,,,as follows: Chicago Title Company, 6210 Stoneridge Mall Drive, Suite 320, Pleasanton, California; escrow officer: Judy Young; escrow number: 05-59800060. 4. Escrow Agent. The term"Escrow Agent" in the Agreement shall be deemed to mean Chicago Title Company. 5. Close of Escrow. The Parties agree to use their best efforts to effect the Close of Escrow on or before July 20, 2005. If, notwithstanding such best efforts,the Close of Escrow has not occurred on or before July 20, 2005, the Parties agree to extend the Close of Escrow Date to on or before December 31, 2005. 6. Second Tank Site. City hereby reaffirms that it has succeeded in its efforts to obtain a Second Tank Site. 7. Legal Descriptions of the Property. The Parties hereby affirm that they have mutually accepted the legal description and area of Excess City Acreage I [comprising approximately thirteen thousand (13,000) square feet] and Excess City Acreage 11 [comprising approximately five thousand six hundred (5,600) square feet], and that those descriptions are attached hereto, respectively, as Exhibit A and Exhibit B. 8. Buyer's Counsel. Buyer's Counsel shall be redefined in the Agreement to mean: Robin B. Kennedy, Esq. Miller, Starr&Regalia 300 Hamilton Avenue, Third Floor Palo Alto, California 94301 Facsimile: (650) 462-1010 Email: rbk@msandr.com 9. Lot Line Adjustments. The Parties agree to execute Joint Escrow Instructions ("Instructions") to supplement those included in the Agreement, which Instructions will include directing the escrow officer to record the lot line adjustments approved by Seller to effect: (a) combining Excess City Acreage 2 with that certain real property owned by Buyer known as 27 Grey Eagle Court, City of Pleasanton, County of Alameda, State of California, the legal description of which is attached hereto as Exhibit C and (b) combining Excess City Acreage 1 with that certain real property owned by Buyer known as 29 Grey Eagle Court, City of Pleasanton, County of Alameda, State of California, the legal description of which is attached hereto as Exhibit D. 10. Access Grading and Storm Drain Easements. The following language is added to the end of Paragraph 12 of the Agreement: "Buyer shall grant to City an easement for storm drain purposes, the legal description of which is attached hereto as Exhibit E. Buyer further agrees that if a condition of design review approval for any new residence on Buyer's property contemplates a twenty(20) foot wide access and public service easement ("New Easement") in a location different from that on which the existing twenty (20) foot wide access and public services easement ("Current Easement") is located, then (a) Buyer shall grant City the New Easement in such different location acceptable to the City provided that such location is in RBRT\39185\622307.8