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constructed or required by this Amendment and, therefore, said *Mitigation Measures <br /> Agreement" is no longer necessary to address the effects of developing the Property. <br /> This Amendment hereby supersedes the "Mitigation Measures Agreement" and <br /> renders it null and void with respect to the Property. <br /> <br />E. ~ The Phase I Development Agreements made certain obligations for <br /> improvements personal to Prudential. These obligations have been satisfied except for <br /> the further traffic improvements described herein, but for which satisfactory assurance <br /> of their improvement has been gained by making these improvements the obligations <br /> of the owners of the Property. Therefore, this Amendment shall supersede reference <br /> to any personal obligation of Prudential and shall, instead, make all remaining <br /> obligations the responsibility of the owners of the Property, and, as such obligations <br /> shall run with the land, of successors-in-interest thereto. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to <br /> Phase I and Phase II Development Agreements effective as of the date first above written. <br /> <br /> CITY OF PLEASANTON <br /> <br /> ATTEST: By: <br /> Ben Tarver, Mayor <br /> <br /> Peggy L. Ezidro <br /> City Clerk <br /> <br /> APPROVED AS TO FORM: <br /> <br /> Michael H. Roush <br /> City Attorney TIlE PRUDENTIAL INSURANCE <br /> COMPANY OF AMERICA <br /> <br /> By: <br /> Its Authorized Agent <br /> <br /> prudagmt. fm <br /> <br /> 7 <br /> <br /> <br />