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3. Conducted the first reading of Ordinance No. _, an ordinance approving a Planned Unit Development ( "PUD ") for the Project - Irby Ranch (PUD -110) that rezoned the Property from Agriculture and Service Commercial to Planned Unit Development - - High Density Residential and Open Space(collectively, "Zoning Amendments "). 4. Conducted the first reading of Ordinance No. _, an ordinance approving this Agreement and directing this Agreement's execution by City ( "Approving Ordinance "). 5. By Resolution No. , approved an Affordable Housing Agreement for the Project the generally provides for Developer's grant of a 1.64 acre portion of the Property to the City and payment to the City of $1,000,000 towards an affordable housing community for individuals with special needs the (the "Affordable Housing Agreement "). 6. Acknowledged the Planning Commission's approval by Planning Commission Resolution No. _ at its meeting of , of a vesting tentative map for the Project (Note and clarify if the Commission's VTMapproval was changed during Council's approval of the Project] (the "Vesting Tentative Map "). E. On , 2017, the City Council conducted the second reading of and adopted the Zoning Amendments and the Approving Ordinance. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: SECTION 1. DEFINITION OF TERMS. This Agreement uses certain terms with initial capital letters that are defined in this Section 1 below or elsewhere in this Agreement. City and Developer intend to refer to those definitions when the capitalized terms are used in this Agreement. 1.1 "Affordable Housing Agreement" has the meaning set forth in Recital D.5. 1.2 "Agreement" has the meaning set forth in the Preamble. 1.3 "Approving Ordinance" has the meaning set forth in Recital DA. 1.4 "Assignee" has the meaning set forth in Section 9.1. 1.5 "Building Permit" means the document issued by City's Building Official authorizing the holder to construct a building or other structure, as provided for in the City of Pleasanton Municipal Code.