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Exclusive Negotiating Rights Agreement <br /> This Exclusive Negotiating Rights Agreement ("Agreement") is made on <br /> 2017, by the City of Pleasanton("City"), and Sunflower Hill, Inc., a California public benefit <br /> corporation("Sunflower Hill"). <br /> Recitals <br /> A. Irby Ranch, LLC, a California limited liability corporation, (the "Developer"), the Irby <br /> Family, LLC, ACHF Kaplan LP, and the Zia Corporation (collectively the "Owners")have <br /> ownership interests in a fifteen (15) acre site at 3988 First Street, 3780 Stanley Boulevard and <br /> 3878 Stanley Boulevard, Pleasanton, California(the "Development Site") where the Developer <br /> seeks to receive City entitlements for a residential housing project with 87 detached single- <br /> family homes (the "Irby Ranch"). <br /> C. Developer and the City have entered into an Affordable Housing Agreement for Irby <br /> Ranch dated in which the affordable housing requirement for the project is <br /> addressed through support for Sunflower Hill's concept proposal in developing affordable, multi- <br /> family supportive housing for special needs adults on a 1.64 acre portion(the "Inclusionary <br /> Parcel") of the Development Site, as well as provide other financial assistance. <br /> D. Sunflower Hill seeks to develop a new affordable residential project for individuals with <br /> special needs that will be subject to the following parameters: a maximum of 30 individual <br /> residential units to be constructed in apartment/multi-family style buildings; maximum building <br /> height will be 2 stories or not more than 30 feet from finished grade on the property; minimum <br /> number of parking spaces will be 30; and community center will not exceed 5,000 square feet <br /> and may serve both the on-site residents and individuals from the greater community("Project") <br /> on the Inclusionary Parcel. <br /> E. Sunflower Hill and the City acknowledge that this Project scope is preliminary in nature <br /> and subject to modification pending California Environmental Quality Act ("CEQA") <br /> compliance, approval of a General Plan Amendment, Downtown Specific Plan Amendment and <br /> PUD Zoning by the City Council for Irby Ranch and the Project, as well as securing funding and <br /> determining Project operation management. <br /> F. The purpose of this Agreement is to (i) facilitate the negotiation of a disposition and <br /> development agreement("DDA") between the City, Sunflower Hill and its development partner <br /> (collectively"Sunflower Hill"); and, (ii) establish procedures and standards for the negotiation of <br /> a DDA pursuant to which the City would convey the Inclusionary Parcel to Sunflower Hill and <br /> Sunflower Hill would develop, own, and operate the Project. <br /> W THEREFORE, in consideration of the mutual covenants, agreements and <br /> NOW, 'Il'�I RE g <br /> conditions contained herein, City and Sunflower Hill agree as follows: <br /> 1. City Pre-Development Funds to Sunflower. City shall provide predevelopment funds in <br /> the amount of Two Hundred and Fifty Thousand Dollars ($250,000) to Sunflower Hill for <br /> 1 <br />