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FIRST AMENDMENT TO CONSERVATION EASEMENT MONITORING AGREEMENT This First Amendment to Conservation Easement Monitoring Agreement ("First Amendment") -� - 1--is entered into' I— , 2014 by the City of Pleasanton, a municipal corporation ("City") and the Tri-Valley Conservancy, a California non-profit public benefit corporation("TVC"). Recitals A. The City and the TVC entered into the Conservation Easement Monitoring Agreement dated February 21, 2005 ("Agreement") for the TVC to provide services to the City to monitor and provide annual written reports on compliance with the rights and obligations of each of the conservation easements in the City's Vineyard Avenue Corridor Specific Plan (VACSP) for which the TVC is a third party beneficiary; and B. The City and the TVC also had an separate agreement whereby the TVC provided monitoring and reporting services to the City regarding the Ruby Hill development in Pleasanton, but that Ruby Hill agreement has now expired; and C. The City and TVC desire to have TVC continue to provide monitoring and reporting services at Ruby Hill by amending the Agreement. Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Section 1 of the Agreement [TVC's Services] is amended to include the 70-acre Ruby Hill conservation easement area as one of the sites where the TVC will provide monitoring and reporting services. 2. Section 2 of the Agreement [Compensation] is amended as follows: a. In acknowledgement of the larger size of the Ruby Hill conservation easement area when compared to the other VACSP conservation easement areas(for which only $300 + BLS-CPI adjustment is charged for each), the parties agree that the City shall pay TVC $900 + BLS-CPI adjustment as set forth in Exhibit B of the Agreement for the TVC's annual report regarding the Ruby Hill conservation easement area. The parties further acknowledge that this amount is a reduction from the earlier expired agreement described in Recital B, above, but that reduction reflects the more mature and developed nature of the Ruby Hill project. b. To coordinate with the City's fiscal year budgeting of July 1 through June 30, TVC shall provide all annual reports required by the Agreement and this First Amendment and the related invoices between July 1 and June 1 of each City fiscal year. First Amendment Page 1