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NOW, THEREFORE, in consideration of the faithful performance of the <br />promises, terms, conditions and covenants set forth herein by Developer, the <br />parties hereto agree as follows: <br /> <br /> 1. Time of Essence. Section 1 of the Agreement is amended to include <br />the following: <br /> <br /> Time is of the essence in the performance of this Amendment. The scope <br /> of work set forth in Section 2 shall be completed by Developer within one <br /> (1) year from the date of this Amendment. The City understands and <br /> agrees that Developer cannot commence the scope of work regarding the <br /> Bernal Avenue Bridge and Bemal Avenue Improvements until other third <br /> parties substantially complete their work on the same improvements. The <br /> Developer's inability to either commence or complete the scope of work <br /> regarding the Bemal Avenue Bridge and Bernal Avenue Improvements <br /> within one (1) year of the date of this Amendment because of the actions or <br /> inactions of other third parties shall not be interpreted as or deemed a <br /> breach of this agreement, <br /> <br /> The City may extend the time for completion of improvements hereunder, <br /> upon good cause being shown by the Developer. Any such extension may <br /> be granted without notice to the Developer's surety, any extension so <br /> granted shall not relieve the surety's liability on the bond to secure the <br /> faithful performance of this Agreement, as amended. <br /> <br /> 2. Work. Section 2 of the Agreement is amended to include the <br />following: <br /> <br /> Developer will do or cause to be done and performed the following <br /> described work: <br /> <br /> Bioswales: Developer shall constmct bioswales along Valley Avenue and <br /> Laguna Creek Lane as shown on Sheet 5 of 42 of the Offsite Improvement <br /> Plans for Tract 7255 prepared by Ruggeri Jensen Azar and Associates and <br /> approved by the City Engineer on July 27, 2001. Developer shall also <br /> construct bioswales along West Lagoon Road as shown on Sheet 4 of 42 of <br /> the Offsite Improvement Plans for Tract 7255 prepared by Ruggeri Jensen <br /> Azar and Associates and approved by the City Engineer on July 27, 2001. <br /> <br /> Bemal Avenue Bridge and Bemal Avenue Improvements: Developer shall <br /> construct those improvements for the Bernal Avenue Bridge and Bernal <br /> Avenue that are identified as Developer's responsibility in the Bemal <br /> <br /> FIRST AMENDMENT TO OFFSITE IMPROVEMENT AGREEMENT <br /> Page 2 of 5 <br /> <br /> <br />