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5785 Johnson Drive <br />APN: 941-1315-9-3 <br /> <br />First Amendment To The Right of Way Contract – Temporary Construction Easement Page 1 <br /> <br />CITY OF PLEASANTON FIRST AMENDMENT TO THE <br />RIGHT OF WAY CONTRACT – TEMPORARY CONSTRUCTION EASEMENT(Contract) <br /> <br /> <br /> <br />This First Amendment to Contract ("First Amendment") is entered into by the City of Pleasanton <br />("City") and JOHNSON COURT PARTNERS LLC and CHICK-FIL-A ("Owner”). <br /> <br />Whereas, on July 13, 2023, the City and Owner entered into a RIGHT OF WAY CONTRACT – <br />TEMPORARY CONSTRUCTION EASEMENT for the Hopyard Road and Owens Drive intersection <br />improvements (‘’Project’’); and <br />Whereas, Temporary Construction Easement (TCE) expires on December 31, 2024, or at project <br />completion whichever is earlier ; and <br />Whereas, due to delays in starting construction the terms of the TCE required to be extended; <br />and <br />Whereas, the parties desire to amend the Contract, extending the term of the contract from <br />December 31, 2024, to October 31, 2025, to complete the construction of the project; <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br />1. The term of the Contract is extended to October 31, 2025. <br /> <br />2. All other terms and conditions of the Contract shall remain in full force and effect. <br />3. This amendment may be executed in multiple counterparts, each of which shall be an <br />original and all of which together shall constitute one agreement. Counterparts may be <br />delivered via facsimile, electronic mail (including pdf or any electronic signature <br />complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br />Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other <br />applicable law) or other transmission method, and any counterpart so delivered shall be <br />deemed to have been duly and validly delivered and be valid and effective for all <br />purposes. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: 0207FFE8-1890-4F90-81F6-DD9EDD35E88BDocuSign Envelope ID: E608C671-6DC7-4C26-9E88-CD71719DDD6D