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FIRST AMENDMENT TO PHASE I AND PHASE II DEVELOPMiNT AGREEMF_I'ffS <br /> BETWEEN THE CITY OF PLEASANTON AND THE PRUDENTIAL INSURANCE <br /> COMPANY OF AMERICA <br /> <br /> THIS FIRST AMENDMENT TO THE PHASE I AND PHASE H DEVELOPMENT <br />AGREEMENTS effective as of day of , 1993, is entered into <br />between THE CITY OF PLEASANTON ('City'), a municipal corporation of the State of <br />California, and THE PRUDENTIAL INSURANCE COMPANY OF AMER/CA <br />('Developer'), a New Jersey corporation. <br /> <br /> RECITALS <br /> <br /> This Agreement is entered on the basis of the following facts, understandings, and <br />intentions of the parties: <br /> <br /> 1. Over the past 11 years, Hacienda Business Park has been developed with over <br />4.6 million square feet of commercial, office, and industml uses and 27.1 acres of high <br />density residential uses. The Park is about 50% complete. This development occurred <br />pursuant to the PUD regulations established and, from time-to-time, modified, by the City <br />and Prudential, the major developer of Hacienda Business Park. Included among the <br />improvements installed to assist development of the Hacienda Business Park were major <br />freeway interchange improvements, City arterial street improvements (including noise <br />mitigations), traffic signal improvements, water system improvements, fire facility <br />improvements, and sewer system improvements. <br /> <br /> 2. Prudential retains 280.491 acres of undeveloped land, as shown in Exhibit A <br /> (the 'Property'), which are designated for further commercial, office, and industrial uses. <br /> Prudential also retains a legal interest in 79.372 acres of undeveloped land which are <br /> designated for residential use. Through this Agreement, Prudential intends to provide <br /> flexibility in its future development of its lands designated for commercial, office, and <br /> industrial uses with no further expansion of residential land uses in the Park. <br /> <br /> <br />