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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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090710
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05
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9/2/2010 2:31:17 PM
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
9/7/2010
DESTRUCT DATE
15Y
DOCUMENT NO
05
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Exhibit A <br /> PDAM -03 <br /> Amendment to the Development Agreement <br /> Pleasanton Gateway, L.L.C. <br /> 6750 Bernal Avenue <br /> August 17, 2010 <br /> RECORDING REQUESTED BY <br /> AND WHEN RECORDED MAIL TO: <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, California 94566 -0302 <br /> Attn: City Attorney <br /> AMENDMENT TO DEVELOPMENT AGREEMENT <br /> THIS AMENDMENT TO DEVELOPMENT AGREEMENT ( "Amendment ") is entered into <br /> as of the _ day of , 2010, by and between the CITY OF PLEASANTON, a <br /> municipal corporation organized and existing under the laws of the State of California ( "City ") <br /> and PLEASANTON GATEWAY, LLC, a Delaware limited liability company ( "PG "). <br /> RECITALS <br /> A. GHC Bernal Investors, LLC ( "GHCBI ") and the City have entered into a <br /> Preannexation Development Agreement dated October 19, 2000 and recorded on October 27, <br /> 2000, as Instrument No. 2000321507, Official Records of Alameda County (the "Development <br /> Agreement "). Capitalized terms used in this Amendment (and not otherwise defined) shall have <br /> the meanings given to then in the Development Agreement. <br /> B. On October 24, 2000, GHCBI and Bernal Investment Company, LLC, a Delaware <br /> limited liability company ( "BIC ") entered into an Assignment and Assumption of Development <br /> Agreement (the "GHCBI /BIC Assignment ") whereby the "Central Area /Eastern Area" (as defined <br /> in the GHCBI /BIC Assignment) was transferred by the City and County of San Francisco ( "San <br /> Francisco ") to BIC and, in connection with the transfer of the Central Area /Eastern Area by San <br /> Francisco to BIC, GHCBI assigned to BIC GHCBI's interests, rights and obligations under the <br /> Development Agreement and other Project Approvals as such interests, rights and obligations <br /> related to the Central Area /Eastern Area (the "Central Area /Eastern Area Specified Obligations ") <br /> and BIC agreed to assume and perform the Central Area /Eastern Area Specified Obligations. <br /> Subsequent to the transfer by San Francisco of the Central Area /Eastern Area to BIC, BIC <br /> transferred a Transferred Property Interest to PG which Transferred Property Interest is described <br /> in Exhibit A attached hereto and incorporated herein by this reference (the "PG Property "). <br /> 1 <br />
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