RUBY HILL DEVELOPMENT TRACT 6452

• f AMENDMENT NO. 1 TO SUBDIVISION AGREEMENT AMENDMENT NO. 1 TO BUBDIVI8ION AGREEMENT is made this 23rd day of August, 1994, by and between Signature Properties ("Subdivider") and the CITY OF PLEASANTON, a municipal corporation ("City"). RECITALS WHEREAS, on August 24, 1993, City and Subdivider entered into a Subdivision Agreement (the "Agreement") concerning the property described as Tract 6452, Ruby Hill, Pleasanton, California ("the Property"); and WHEREAS, the Agreement called for Subdivider to construct or cause to be constructed the public improvements for the Property within one year; and WHEREAS, Subdivider has requested a one year extension (to August 23, 1995) in which to complete the public improvements for the Property; and WHEREAS, Subdivider has agreed to participate in the City's modified Growth Management Program; and WHEREAS, it is not detrimental to the public interest to extend the agreement for one additional year. NOW, THEREFORE, in consideration of the promises expressed herein and in the Agreement, the parties agree as follows: 1. Section 1 of the Agreement is amended to read as follows: "Term of Agreement. The work and improvements required to be completed by this Agreement, as amended, shall be completed by August 23, 1995. Time is of the essence in the performance of this Agreement but the City may extend the time for completion of the improvements hereunder, upon good cause being shown by the Subdivider. Any such extension may be granted without notice to the Subdivider's surety, and any extension so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement." 2. Except as provided herein, all terms and conditions of the Agreement shall remain in full force and effect.