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days period, the City may perform such maintenance, at its option, after five (5) days' written <br />notice to Subdivider, which shall be sent in accordance with Section 3 of the Subdivision <br />Agreement, as amended by paragraph 6 of this First Amendment. <br />If any maintenance, repair, or replacement of landscaping or other improvement <br />needs immediate correction, in order to protect the public health or safety, as reasonably <br />determined by the City Engineer, and such work is not performed, or cannot be performed, by <br />Subdivider within twenty-four (24) hours of receipt of notice, as provided in paragraph 6 of this <br />First Amendment or via facsimile to Subdivider, Attn. Patrick Costanzo, Jr., at (510)497-8259. <br />City may perform or cause to be performed such maintenance. Upon demand by the City, <br />Subdivider shall pay to City all reasonable expenses incurred by City in the performance of work <br />pursuant to this paragraph, or City may deduct such amounts from those owing Subdivider. <br />City's remedy provided in this paragraph shall be in addition to any other rights and remedies <br />City may have at law or in equity. <br />4. Insurance. Subdivider shall provide insurance to City during the Maintenance <br />Period with respect to the maintenance work and any other work under this First Amendment <br />complying with Section 12 of the Subdivision Agreement, including but not limited to endorsing <br />the City as an "additional insured" under the insurance policy for all work performed in <br />accordance with this First Amendment. <br />5. Effect of Amendment. Except as set forth in this First Amendment, all terms of <br />the Subdivision Agreement remain in full force and effect. Notwithstanding the foregoing, City <br />acknowledges and agrees that the inspection costs for the work required under this First <br />Amendment are included within the costs identified in Section 3 of the Subdivision Agreement. <br />6. Notices. Notwithstanding Section 3 of the Subdivision Agreement: (a) All <br />Notices pursuant to the Subdivision Agreement and this First Amendment shall be delivered by <br />certified mail, postage prepaid and shall be deemed effective upon the earlier to occur of actual <br />receipt or five (5) days after mailing. (b) All notices to Subdivider shall be sent to: <br />Subdivider: GHC Bernal Investors, LLC <br />c/o Greenbrier Homes Communities, Inc. <br />43160 Osgood Road <br />Fremont, CA 94539 <br />Attn: Patrick Costanzo, Jr. <br /> <br />FIRST AMENDMENT TO SUBDIVISION AGREEMENT <br />TRACT NO. 7255 <br />Page 3 of 4 <br />