Laserfiche WebLink
AMENDMENT NO. 2 TO SECONDED AMENDED AGREEMENT <br /> BY AND AMONG THE CITY OF PLEASANTON, THE PRUDENTIAL INSURANCE <br /> COMPANY OF AMERICA, AND CALLAHAN PROPERTY COMPANY <br /> <br /> THIS AMENDMENT NO. 2 TO THE SECOND AMENDED AGREEMENT <br /> effective as of the 12th day of December, 1989, is entered into by <br /> and among the CITY OF PLEASANTON ("City"), a municipal <br /> corporation, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA <br /> ("Prudential"), a New Jersey corporation, and CALLAHAN PROPERTY <br /> COMPANY, a California general partnership and successor in <br /> interest to Callaban Pentz Properties, Pleasanton. <br /> <br /> RECITAL <br /> <br /> The parties enter this Amendment No. 2 to the Second Amended <br />Agreement in order to permit Prudential, between December 20, 1989 <br />and the termination of the Second Amended Agreement, to continue <br />to assign its existing sewer capacity and then obtain on a first- <br />come, first-served basis, additional sewer capacity, when <br />otherwise Prudential would not be permitted to do so under said <br />Agreement. <br /> <br /> NOW, THEREEFORE, IN CONSIDERATION of the mutual covenants and <br /> promises of the parties, the parties hereto agree as follows: <br /> <br /> 1. Paragraph 8 (e) is amended to read as follows: <br /> <br /> "e. Prudential's Access to Additional Capacity. <br /> <br /> Prudential may apply for and utilize any existing, <br /> uncommitted City sewage capacity for the Prudential Property on a <br /> first-come, first-served basis, or on the terms and conditions <br /> then existing for acquiring such capacity from City, in the <br /> follcwing circumstances: <br /> <br /> U t <br />eassi~nment of the entire Existing Prudential Capacity; or ' <br /> <br /> ii. Termination. After termination of this Second <br />Amended Agreement." <br /> <br /> 2. In all other respects, the terms and conditions of the <br />Second Amended Agreement are to continue in full force and effort. <br /> <br /> 3. To the extent that this Amendment No. 2 to the Seconded <br />Amended Agreement creates liability from the City to any of <br />Prudential's assignees pursuant to the Second Amended Agreement, <br />Prudential agrees to defend, indemnify and hold the City harmless <br />from any cost which shall result therefrom. <br /> <br /> 4. City agrees to exercise ~est efforts to reserve the <br />assigned capacity and take reasonable actions to prevent or <br />mitigate any shortfalls of capacity. <br /> <br /> <br />