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Previous entitlements secured by the Phase I and Phase II Development Agreement as amended <br /> before this Fifth Amendment shall remain in force during the extended term of the Phase I and <br /> Phase II Development Agreement as amended. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to <br /> Phase I and Phase 1I Development Agreement effective as of the date first above written. <br /> CITY OF PLEASANTON: <br /> By: <br /> Jennifer Hosterman, Mayor <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan P. Lowell <br /> City Attorney <br /> TOD PROPERTY OWNER: <br /> BRE PROPERTIES, INC., <br /> a Maryland corporation <br /> By: <br /> Name: Stephen C. Dominiak <br /> Title: EVP and Chief Investment Officer <br /> Attach Acknowledgements <br /> 1 <br />