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" DiiAFT <br /> FIRST AMENDMENT TO THE STONERIDGE SEWER AGREEMENT <br /> <br /> THIS FIKST AMENDMENT TO TIlE STONERIDGE SEWEK AGREEMENT <br /> ("Amendment") is made and entered into as of ,1997, by and between the CITY <br /> OF PLEASANTON, a municipal corporation of the State of California ("City"), and <br /> SECURITY TRUST COMPANY, as TRUSTEE under TRUST NO. 1860-0 ("DeveLoper"). <br /> <br /> RECITALS: <br /> <br /> A. The City and Developer are parties to a Stoneridge Sewer Agreement (the <br /> "Agreement") dated November S, 1992. (Capitalized terms not otherwise defined in this <br /> Amendment shall have the meanings given to them in the Agreement; all references to the <br /> Agreement still refer to the same as modified by this Amendment.) This Amendment is entered <br /> into concurrent with the First Amendment to Development Agreement ("Development Agreement <br /> Amendment") for the Shopping Center, nil references to the Development Agreement shall refer <br /> to the same as modified by the Development Agreement Amendment. <br /> <br /> B. The City and Developer desire to amend the Agreement with regard to the <br /> co-efficient factor applicable to new department and specialty store occupants of the Shopping <br /> Center (other than restaurants) and to reserve for Developer Ten Thousand Six Hundred (10,600) <br /> gallons per day of sewage capacity in order that sufficient sewer capacity will be available to build <br /> out the Project. <br /> <br /> C. It is in the best interest of both City and Developer that this Amendment be <br /> entered into in order to facilitate and promote the most advantageous scope nnd timing of the <br /> Project within the Shopping Center. In recognition of the foregoing, the Pleasanton City Council, <br /> on , 1997, held a duly noticed public hearing on this Agreement and approved the <br /> execution and delivery thereof by City pursuant to Resolution No. 97-__. <br /> <br /> NOW, THEREFORE,. in consideration of the foregoing and other valuable benefits, the <br /> parties agree as follows: <br /> <br /> 1. Section I of the Agreement is revised to read as follows: <br /> <br /> "1. l~econfirmation of Remainimz Canacit'v: Reservation of Additignal <br /> <br /> (Subsections a., b. and c., no change.) <br /> <br /> d. In addition to the Remaining Capacity, City shall reserve to <br /> Developer for use by f~ture occupants of the Shopping Center Ten <br /> Thousand (10,000) gallons/day of sewage treatment capacity, <br /> subject to Developer~s paying the lawfully imposed sewer demand <br /> <br /> (Sgn3GSEW.SAM) I <br /> <br /> <br />