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FIRST AMENDMENT TO SIIBDIVISION AGREEMENT <br />This First Amendment to Subdivision Agreement is made and <br />entered into this 11th day of December, 1990, by and between <br />Golden Eagle Farms, a California Partnership ("Subdivider") and <br />the City of Pleasanton, a municipal corporation ("City"). This <br />First Amendment modifies that certain Subdivision Agreement <br />entered into by City and Subdivider on February 20, 1990, ("the <br />Subdivision Agreement"). <br />RECITALS <br />WHEREAS, Subdivider and City have entered into the <br />Subdivision Agreement for the Golden Eagle Farms Subdivision; and <br />WHEREAS, Subdivider has requested that the time to complete <br />the Subdivision Agreement be extended to February 20, 1992; and <br />WHEREAS, it is in the City's interest to grant such an <br />extension subject to certain conditions. <br />NOW, THEREFORE, in consideration of the mutual promises set <br />forth herein, the parties agree as follows: <br />A. Section 1 is hereby amended to read as follows: <br />"1. Time of Essence. Time is of the essence <br />in the performance of this agreement. The <br />work and improvements required by this <br />agreement to be completed by Subdivider shall <br />be completed by February 20, 1992. <br />The City may extend the time for <br />completion of improvements hereunder, upon <br />good cause being shown by the Subdivider. <br />Any such extension may be granted without <br />notice to the Subdivider's surety, and the <br />extension so granted shall not relieve the <br />surety's liability on the bond to secure the <br />faithful performance of this agreement." <br />B. Section 2 is hereby amended to read as follows: <br />