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.. • <br />,~ <br />x. Retentions. The insurer shall provide the amount of self- <br />insured retention and City shall have the right to deny insurance coverage if it <br />deems the self-insured retention exceeds reasonable deduction. <br />5. Binding on Land and Successors. Section 12, "Binding on Land <br />and Successors," is added to the Agreement as follows: <br />All covenants, promises and agreements contained in the Agreement and this First <br />Amendment shall pertain to and do hereby expressly run with the land controlled <br />by BIC and described in this First Amendment. The Agreement and First <br />Amendment shall bind and inure to the parties hereto, including heirs, assigns, <br />executors, administrators, and all other parties whether they succeed by operation <br />of law or voluntary acts of BIC. <br />6. Related Contracts and Proceedings. All other terms of the Agreement <br />shall remain in full force. Any prior contracts between City and BIC and any prior <br />approvals by Boards, Commissions or Council of City shall not be affected by the <br />provisions of the Agreement or this First Amendment unless specific modification is set <br />forth in the Agreement or this First Amendment. <br />The parties hereto affix their signatures to this First Amendment as of the date and <br />year first written above. <br />ATTEST: <br />n G. Abraha son, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />CITY OF PLEASANT <br />By: <br />Nelson Fialho, City Manager <br />BERNAL INVESTMENT COMPANY, LLC, a <br />Delaware limited liability company <br />By: GHC BERNAL INVESTORS, LLC, a <br />Delaware limited liability company, its Manager <br />By: Greenbriar Homes Communities, Inc., <br />a California Corporation, Its Manager <br />By: ~ : ~~~ <br />Title: ~k~~+`t~tu~. ~y <br />FIRST AMENDMENT TO VALLEY AVENUE EXTENSION UNDERPASS AGREEMENT <br />Page 8 of 8 <br />