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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Pleasanton P.O. Box 520 Pleasanton, California 94566 -0302 Recording requested pursuant to Government Code Sections 27383 & 6103 Exhibit A AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT ( "Amendment ") is hereby made effective as of the seventh day of September, 2010, by and between the CITY OF PLEASANTON, a municipal corporation organized and existing under the laws of the State of California ( "City ") and PLEASANTON GATEWAY, LLC, a Delaware limited liability company ( "PG "). RECITALS A. GHC Bernal Investors, LLC ( "GHCBI ") and the City have entered into a Preannexation Development Agreement dated October 19, 2000 and recorded on October 27, 2000, as Instrument No. 2000321507, Official Records of Alameda County (the "Development Agreement "). Capitalized terms used in this Amendment (and not otherwise defined) shall have the meanings given to then in the Development Agreement. B. On October 24, 2000, GHCBI and Bernal Investment Company, LLC, a Delaware limited liability company ( "BIC ") entered into an Assignment and Assumption of Development Agreement (the "GHCBI /BIC Assignment ") whereby the "Central Area/Eastern Area" (as defined in the GHCBI /BIC Assignment) was transferred by the City and County of San Francisco ( "San Francisco ") to BIC and, in connection with the transfer of the Central Area/Eastern Area by San Francisco to BIC, GHCBI assigned to BIC GHCBI's interests, rights and obligations under the Development Agreement and other Project Approvals as such interests, rights and obligations related to the Central Area/Eastern Area (the "Central Area/Eastern Area Specified Obligations ") and BIC agreed to assume and perform the Central Area/Eastern Area Specified Obligations. Subsequent to the transfer by San Francisco of the Central Area/Eastern Area to BIC, BIC transferred a Transferred Property Interest to PG which Transferred Property Interest is described in Exhibit A attached hereto and incorporated herein by this reference (the "PG Property "). C. Section 6.1 of the Development Agreement provides, in part, that the Development Agreement that the Development Agreement may be amended with limited exceptions by the mutual consent of the Parties. The City and PG now desire to amend the Development Agreement with respect to the PG Property (and not any other real property \SLF\806830.5 080610- 11258001