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05
City of Pleasanton
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2013
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091713
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9/25/2013 12:21:25 PM
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9/12/2013 3:34:39 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/17/2013
DESTRUCT DATE
15Y
DOCUMENT NO
05
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Commons at Gateway shall require an amendment to this Agreement for such future approvals to <br />be vested under this Agreement or require a new standalone development agreement. <br />E. In exchange for the benefits to City described in these recitals, including but not <br />limited to assurance that a residential project consistent with the PUD Development Plan <br />approval referred to above and Design Guidelines intended to meet the City's RHNA can <br />proceed, together with the other public benefits that will result from the development of the <br />Project Site, Developer will receive by this Agreement assurance that it may proceed with the <br />Project in accordance with the "Applicable Law" (defined below), and therefore desires to enter <br />into this Agreement. <br />NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the <br />mutual promises, obligations and covenants herein contained, City and Developer agree as <br />follows: <br />AGREEMENT <br />Article I Description of Property, Effective Date and Term. <br />Section 1.01 Description of Property. The real property which is the subject of this Agreement <br />is the Commons at Gateway site, as described in the attached DA Exhibit A -1 and DA Exhibit <br />A -2. <br />Section 1.02 Effective Date. This Agreement shall become effective upon the date the <br />ordinance approving this Agreement becomes effective (the "Effective Date "). <br />Section 1.03 Term. The term of this Agreement shall commence on the Effective Date and <br />extend ten (10) years thereafter (the "Term "). <br />Article! II Standards, Laws and Procedures Governing the Project. <br />Section 2.01 Vested Right To Develop. Developer shall have a vested right to develop the <br />Project Site in substantial conformance with the terms and conditions of the Project Approvals, <br />the Subsequent Approvals (defined below) (as and when issued), the Applicable Law (defined <br />below) and amendments as shall, from time to time, be approved pursuant to this Agreement. <br />Specifically, while Developer contemplates constructing the Project Site in accordance with the <br />Project Design Review, Developer shall have the vested right to develop the Project Site with <br />210 apartment units, 97 single family homes, surface parking and related site improvements, in <br />accordance with the PUD Development Plan referred to above. <br />Section 2.02 Permitted Uses. The permitted uses and the density and intensity of use of the <br />Project Site; the maximum height, bulk and size of the proposed buildings, apartments and single <br />family homes; provisions for reservation or dedication of land for public purposes and the <br />location of public improvements; the general location of public utilities; and other terms and <br />conditions of development applicable to the Project, shall be as set forth in the Project Approvals <br />and, as and when they are issued (but not in any limitation of any right to develop as set forth in <br />the Project Approvals), any Subsequent Approvals (defined below). <br />10 <br />
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