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EXHIBIT A <br />FIRST AMENDMENT TO AGREEMENT <br />This First Amendment to The Reimbursement Agreement for Construction of <br />Infrastructure Related to the Realignment of Vineyard Avenue dated June 17, 2003 is <br />entered into this 1st day of March 2005 by the City of Pleasanton ("City"} and <br />Greenbriar Homes Communities Inc. ("Construction Manager") <br />Whereas, on June 17, 2003 the City and Construction Manager entered into <br />Reimbursement Agreement for Construction of Infrastructure Related to the Realignment <br />of Vineyard Avenue ("Agreement"); and <br />Whereas, additional Vineyard Comdor Specific Plan improvements are to be <br />constructed by Construction Manager that are reimbursable from the Vineyard Corridor <br />Specific Plan Fee Account; and <br />Whereas, the parties desire to amend to the Agreement; <br />Now, therefore, the parties agree as follows: <br />1. Section 1 of the Agreement, "Improvements" is amended to add: <br />"Improvements" shall include work constructed to complete Vineyard <br />Corridor Specific Plan improvements, including change orders as <br />approved by the City Engineer. The date of substantial completion is <br />extended to February 28, 2005. <br />2. Section 2 of the Agreement, "Reimbursement" is amended to add: <br />Professional Services shall include consultation services related to revised <br />or additional work related to Vineyard Corridor Specific Plan <br />improvements as approved by the City Engineer. <br />3. Section 3B of the Agreement, "Method of Reimbursement" is amended to <br />add: <br />Upon substantial completion of the work, to the satisfaction of the City <br />Engineer, the City may authorize the release of and reimbursement of up to <br />50% of the payment retention in advance of the filing of the Notice of <br />Completion. <br />4, All other terms and conditions of the Agreement shall remain in full force <br />and effect. <br />In witness whereof, authorized representatives of the parties have executed this First <br />Amendment to the Agreement as of the date and year first above written. <br />CITY OF PLEASAN ON <br />By: <br />Nelson Fialho, City Manager <br />CONSTRUCTION MANAGER: <br />By: <br />Title: ~~.~~. r, ~•~ U~cE ~~e~s~ o~~•f <br />