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EXHIBIT A <br /> <br /> FIRST AMENDMENT TO AGREEMENT <br /> <br />This First Amendment to The Reimbursement Agreement for Construction of <br />Infrastructure Related to the Realignment of Vineyard Avenue dated June 17, 2003 is <br />entered into this 1st dayof March 2005 by the City ofPleasanton ("City") and <br />Greenbriar Homes Communities Inc. ("Construction Manager") <br /> <br /> Whereas, on June 17, 2003 the City and Construction Manager entered into <br />Reimbursement Agreement for Construction of Infrastructure Related to the Realignment <br />of Vineyard Avenue ("Agreement"); and <br /> <br /> Whereas, additional Vineyard Corridor Specific Plan improvements are to be <br />constructed by Construction Manager that are reimbursable from the Vineyard Corridor <br />Specific Plan Fee Account; and <br /> <br /> Whereas, the parties desire to amend to the Agreement; <br /> <br />Now, therefore, the parties agree as follows: <br /> <br /> 1. Section 1 of the Agreement, "Improvements" is amended to add: <br /> "Improvements" shall include work constructed to complete Vineyard <br /> Corridor Specific Plan improvements, including change orders as <br /> approved by the City Engineer. The date of substantial completion is <br /> extended to February 28, 2005. <br /> <br /> 2. Section 2 of the Agreement, "Reimbursement" is amended to add: <br /> Professional Services shall include consultation services related to revised <br /> or additional work related to Vineyard Corridor Specific Plan <br /> improvements as approved by the City Engineer. <br /> <br /> 3.Section 3B of the Agreement, "Method of Reimbursement" is amended to <br /> add: <br /> Upon substantial completion of the work, to the satisfaction of the City <br /> Engineer, the City may authorize the release of and reimbursement of up to <br /> 50% of the payment retention in advance of the filing of the Notice of <br /> Completion. <br /> <br /> 4. All other terms and conditions of the Agreement shall remain in full force <br /> and effect. <br /> <br />In witness whereof, authorized representatives of the parties have executed this First <br />Amendment to the Agreement as of the date and year first above written. <br /> <br />CITY OF PLEASANTON CONSTRUCTION MANAGER: <br /> <br />By:_ By: <br /> Nelson Fialho, City Manager <br /> Title: <br /> <br /> <br />