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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 1 st 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 /> RBRT09185\622307.8 3 E�-1 P EXHIBIT <br />