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AONW( FIRST AMENDMENT TO BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT This First Amendment to Bus Shelter Encroachment and Maintenance Agreement ("First Amendment") is entered into this_a day of 2015 by the City of Pleasanton("City") and Livermore Amador Valley Transit Authority("LAVTA"). Whereas, on September 21, 2009, the City and LAVTA entered into a Bus Shelter Encroachment and Maintenance Agreement("Agreement")to allow LAVTA to place bus shelters and other Project Facilities in the City's Right of Way; and Whereas,the parties desire to amend the Agreement to allow LAVTA to meet the Agreement's insurance requirements through self-insurance; and Whereas, the parties also desire to allow future administrative modifications to the Agreement's Exhibit A to reflect changes to bus stop locations as bus routes may be modified due to alterations in ridership patterns. Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Section 7 of the Agreement, "Insurance" is amended to add a new subsection e. as follows: 7. e. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. The City may, at its sole discretion, waive or alter this requirement or accept self- insurance in lieu of any required policy of insurance. 2. Section 1 of the Agreement, "Encroachment", subsection a. is amended to add that the City and LAVTA may administratively modify Exhibit A to change the locations of the Project Facilities upon written consent of the LAVTA Executive Director and the City's Traffic Engineer. 3. All other terms and conditions of the Agreement shall remain in full force and effect. In witness whereof, authorized representatives of the parties have executed this First Amendment as of the date and year first above written. CITY OF P SANTON LWHagggerty., ChAi Nelson Fia o, ity Manager S Board of Directors `�