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ATTACHMENT I <br /> Recorded at the Request of <br /> and when recorded, return to: <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Exempt per Gov. Code§27383 <br /> AFFORDABLE HOUSING AGREEMENT <br /> This AFFORDABLE HOUSING AGREEMENT ("Agreement") is made this day of <br /> , 2015, by the CITY OF PLEASANTON, a Municipal Corporation ("City"), and <br /> SHAC LAS POSITAS APARTMENTS LLC, a California limited liability company <br /> ("Developer"). <br /> Recitals <br /> A. Developer currently owns a legal or equitable interest in a 5.9-acre site at 5850 West Las <br /> Positas Boulevard, Pleasanton, California, more particularly described in Attachment 1 <br /> attached hereto and incorporated herein by reference (the "Property"). <br /> B. For the Property, Developer has obtained all necessary entitlements, including the PUD <br /> Development Plan approved by the City Council by its Ordinance 15-XXX to develop <br /> 94 condominium units with related site improvements (collectively the "Project"). <br /> C. Developer and the City wish to make a total of ten (10) units within the Project available <br /> to households with incomes at or less than eighty percent (80%) (low income) of the Area <br /> Median Income. <br /> D. Area Median Income (AMI) shall mean the area median income for the San Francisco- <br /> Oaldand-Fremont Metropolitan Statistical Area(Oakland-Fremont HMFA)adjusted for <br /> household size in accordance with adjustment factors adopted and amended from time to <br /> time by the United States Department of Housing and Urban Development(HUD) <br /> pursuant to Section 8 of the United States Housing Act of 1937 or any successor statute. <br /> E. Execution of this Agreement meets the requirements of the City's Inclusionary Zoning <br /> Ordinance. <br /> NOW, THEREFORE, in consideration of the mutual covenants, agreements and <br /> conditions contained herein, City and Developer agree as follows: <br /> 1. Of the 94 units authorized by the PUD Development Plan approved by the City <br /> Council by its Ordinance 15-XXX,ten (10) units shall be "Affordable Units."The ten <br /> 1 <br />