GHC BERNAL INVESTORS - SUBDIVISION AGMT AUG 2001

• ~ ' r FIRST AMENDMENT TO SUBDIVISION AGREEMENT TRACT NO.7255, BERNAL PROPERTY, PLEASANTON ALAMEDA COUNTY, CALIFORNIA THIS FIRST AMENDMENT TO SUBDIVISION AGREEMENT ("First Amendment") made and entered at Pleasanton, California, this y ~' day of ~~~ , 2004, by and between: GHC BERNAL INVESTORS, LLC, a Delaware Limited Liability Company (hereinafter referred to as "Subdivider") and the CITY OF PLEASANTON, a general law city, located in Alameda County, California, acting through the City Manager and the City Clerk (hereinafter referred to as "City"). WHEREAS, on August 10, 2001 and pursuant to the Final Map for Tract 7255 ("Final Map"), Subdivider and City entered into a Subdivision Agreement providing for improvements of the public ways, installation or extension of certain City services at Subdivider's expense and certain protection for the City on behalf of the public prior to City accepting offers of dedication by Subdivider ("Subdivision Agreement"); and WHEREAS, in accordance with the Final Map, Subdivider dedicated an approximately 4.8 acre site (Parcel M) to City for the Bernal Neighborhood Park ("Park"), and in accordance with the Subdivision Agreement, Subdivider is building the Park facilities; and WHEREAS, the parties desire to amend the Subdivision Agreement to more specially set forth the requirements regarding maintenance of the Pazk before the public improvements are accepted; NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth by Subdivider and the approval of the Final Map for recording by the City, the parties agree as follows: 1. Subdivider Maintenance Period. Subdivider shall cause its contractor to maintain the Park for a period of at least ninety (90) days commencing on November 12, 2003 (the "Maintenance Period"), subject to extension pursuant to Section 2 below. The purpose of the Maintenance Period is to establish acceptable stands of thriving plants. The Park shall not be open to the public during the Maintenance Period. During the Maintenance Period, Subdivider shall cause its contractor to perform the following maintenance work with respect to the Park: (a) Maintain and keep in good repair the drainage facilities depicted on the Pazk plans prepazed by Thomas Baak and Associates, dated March 27, 2003 and approved by the City on April 10, 2003 (the "Pazk Plans") in order to protect the Park against damage from erosion. (b) Maintain and keep in good repair all temporary barriers erected to prevent trespass. (c) Keep all walks and paved areas clean. Keep site free from debris resulting from landscape work or maintenance. FIRST AMENDMENT TO SUBDIVISION AGREEMENT TRACT N0.7255 Page 1 of 4