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thereof from the Applicant, or surety provided under Section 5.3(c) of the Purchase and Sale <br />Agreement and Joint Escrow Instructions. If the City pursues completion of the Eden Road <br />Improvements work, it may require the Applicant, or its surety, to pay the City, in advance, <br />sufficient monies to cover the City's cost of completing construction of the Eden Road <br />Improvements work." <br />2. No Modification or Waiver. Except as otherwise expressly set forth herein, all <br />other terms and conditions of the Public Improvement Agreement shall remain in full force and <br />effect. Capitalized terms used without definition herein have the meaning ascribed to such terms <br />in the Public Improvement Agreement. <br />IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first <br />written above. <br />CITY: <br />CITY OF SAN LEANDRO, <br />a California charter city <br />Janelle Cameron, Mana <br />ATTEST: <br />By: <br />APPROVED AS TO FORM. <br />By: " <br />Richard Pio Roda, City Attorney <br />FIRST AMENDMENT TO EDEN ROAD PUBLIC IMPROVEMENT AGREEMENT PAGE 3 OF 4 <br />