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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 />1. Time of Essence. Section 1 of the Agreement is amended to include <br />the following: <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 Bernal 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 Bernal 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 />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 />2. Work. Section 2 of the Agreement is amended to include the <br />following: <br />Developer will do or cause to be done and performed the following <br />described work: <br />Bioswales: Developer shall construct 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 />Bernal Avenue Bride and Bernal 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 Bernal <br />FIRST AMENDMENT TO OFFSITE IMPROVEMENT AGREEMENT <br />Page 2 of 5 <br />