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Auh(gtAkz <br /> First Amendment to Subdivision Improvement Agreement <br /> Tract 8245 <br /> This First Amendment to Subdivision Agreement is made and entered into on June <br /> , 2020, by and between Meritage Homes of California, Inc. ("Subdivider") and the <br /> City of Pleasanton ("City"). <br /> RECITALS <br /> WHEREAS, on May 31 , 2018, Subdivider and City entered into a Subdivision <br /> Improvement Agreement ("Agreement") whereby Subdivider agreed to construct the <br /> public infrastructure as shown on the city-approved Irby Ranch Improvement Plans for <br /> Tract 8245; <br /> WHEREAS, the parties now wish to modify the Agreement to include additional work to <br /> be performed by Subdivider; <br /> WHEREAS, the additional work shall include the installation of a 16-inch diameter water <br /> pipeline within the new section of Nevada Street, connecting the existing 16-inch <br /> pipeline in Stanley Boulevard and a 16-inch pipeline in Nevada Street at the intersection <br /> with California Avenue; <br /> WHEREAS, the City worked with Subdivider to prepare plans for the construction of the <br /> required 16-inch pipeline in Nevada Street from California Street to Bernal Avenue, and <br /> because time is of the essence, the parties agreed that Subdivider should construct the <br /> pipeline in accordance with the reviewed and approved plans; and <br /> WHEREAS, City will reimburse Meritage Homes for the actual construction cost of the <br /> additional work in an amount not to exceed $840,930. <br /> NOW, THEREFORE, in consideration of the faithful performance of the promises, <br /> terms, conditions and covenants set forth herein by Subdivider, the parties agree as <br /> follows: <br /> 1. Subdivider shall complete the construction of the 16-inch pipeline in Nevada <br /> Street to Bernal Avenue in accordance with the approved plans titled "Irby Ranch <br /> Tract 8245 Improvement Plans, E17-0777 (revised Sheets 31 to 33 including <br /> water revisions)". <br /> 2. Within 45 days of the 16-inch pipeline being placed into service, City shall <br /> reimburse Subdivider for the actual cost of construction of the pipeline in an <br /> amount not to exceed $840,930. Subdivider shall be responsible for all other <br /> costs of the pipeline project, including but not limited to, design, surveying, and <br /> construction management. <br /> 1 <br />