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<br />DRAFT MAY 6, 1993 <br /> <br />FIRST AMENDMENT TO PHASE I AND PHASE II DEVELOPMENT AGREEMENTS <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 II DEVELOPMENT <br />AGREEMENTS effective as of day of , I993, 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 AMERICA <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 industrial uses and 27.I 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 />1 <br /> <br />II <br />