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FIRST AMENDMENT TO <br />AGREEMENT FOR PURCHASE AND SALE OF <br />REAL PROPERTY AND <br />ESCROW INSTRUCTIONS <br />THIS FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF <br />REAL PROPERTY AND ESCROW INSTRUCTIONS ("First Amendment") is made and <br />entered as of this 1st day of July, 2005 by and between ALLEN W. ROBERTS, an individual <br />("Roberts"), ALLEN W. ROBERTS as Trustee of the RobertsRoost Trust ("Trust"), and the CITY of <br />PLEASANTON, CALIFORNIA ("City"). <br />RECITALS <br />WHEREAS, Allen W. Roberts and Sally K. Roberts, then husband and wife, and City <br />entered into that certain Agreement for Purchase and Sale of Real Property and Escrow <br />Instructions dated as of November 15, 2002 (the "Agreement"); and <br />WHEREAS, Sally K. Roberts has assigned her interest in the Agreement to Roberts; and <br />WHEREAS, Roberts, Trust and City (collectively, the "Parties") now desire to amend the <br />Agreement to account for changed circumstances since the time it was executed. <br />AGREEMENT <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree to amend the Agreement as follows: <br />1. Definitions. Each capitalized term in this Amendment shall have the same meaning as is <br />ascribed to such term in the Agreement. <br />2. Assignment Assumption and Consent. <br />2.1 Roberts hereby assigns, transfers and sets over unto Trust all of his rights and <br />obligations under the Agreement. <br />2.2 Trust hereby accepts from Roberts said assignment of the Agreement as specified <br />above and assumes Roberts' obligations under the Agreement. Acceptance of such assignment <br />subjects Trust to all the terms, covenants, agreements and conditions contained in the <br />Agreement, and Trust hereby covenants and agrees to keep faithfully, be bound by and perform <br />each and all of said terms, covenants, agreements and conditions of the Agreement to be kept and <br />performed by the buyer thereunder ("Buyer"), as said terms, covenants, agreements and <br />conditions are amended herein. <br />2.3 City hereby consents to such assignment of the Agreement by Roberts to Trust. <br />Consent to such assignment is subject to all of the terms, covenants, agreements and conditions <br />contained in this Amendment and in the Agreement (as hereby modified and amended) and to <br />the specific understanding that this consent is not a consent to any future assignment of the <br />Agreement <br />RBRT\39185\628246.1 <br />