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DRAFT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Pleasanton City Clerk's Office 123 Main Street Pleasanton,CA 94566 Recording Fees Exempt Pursuant to Government Code§27383 ABOVE SPACE FOR RECORDER'S USE DEVELOPMENT AGREEMENT FOR 5729 WEST LAS POSITAS BOULEVARD THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into in the City of Pleasanton on this day of , 2013, by and between the CITY OF PLEASANTON, a municipal corporation ("City"), and HACIENDA PLEASANTON, L.P. a California limited partnership ("Developer"), pursuant to the authority of Calif 3rnia Government Code sections 65864 et seq. City and Developer are sometimes referred to herein individually as a "party" and collectively as the "parties." RECITALS A. To strengthen the public planning process, encourage private palicipation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code sections 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. B. Developer has a legal or equitable interest in certain undeveloped real property located in the City of Pleasanton, County of Alameda, California consisting of Approximately 5.6 acres located at 5729 West Las Positas Boulevard, as more particularly described in DA Exhibit A_1 attached hereto, and as diagrammed in DA Exhibit A-2 attached hereto (tt a "Project Site"). Developer anticipates developing at the Project Site a high density residential development known as "Anton Hacienda Apartments," including 168 apartments, one clubhouse building/leasing office, parking areas, and related on-site and off-site improvements (the "Project"), all as more particularly described in the Project Approvals (defined below). C. In October 2010, the City Council confirmed an 11-member Hosing Element Task Force ("Task Force") with the mission to oversee the update of the City's Housing Element. After nine Task Force meetings, four community workshops, input from housing experts, and extensive community input, the Task Force recommended a draft list of sites for rezoning to residential uses. On recommendation of the Planning Commission. the City Council, following duly noticed public hearings, approved general plan and zoning amendments resulting in the Project Site being zoned Planned Unit Development-High Density (PUD-HDR). This zoning designation requires 30 dwelling units per acre. 65453\4242646v3