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3. Conducted the first reading of Ordinance No. 2157, an ordinance <br /> approving a Planned Unit Development("PUP") for the Project -Irby Ranch (PUD-110)that <br /> rezoned the Property from Agriculture and Service Commercial to Planned Unit Development- - <br /> High Density Residential and Open Space(collectively, "Zoning Amendments"). <br /> 4. Conducted the first reading of Ordinance No. 2158, an ordinance <br /> approving this Agreement and directing this Agreement's execution by City ("Approving <br /> Ordinance"). <br /> 5. By Resolution No. 17-916, approved an Affordable Housing Agreement <br /> for the Project the generally provides for Developer's grant of a 1.64 acre portion of the Property <br /> to the City and payment to the City of$1,000,000 towards an affordable housing community for <br /> individuals with special needs the (the "Affordable Housing Agreement"). <br /> 6. By Resolution No. 17-914, approved a vesting tentative map for the <br /> Project (the "Vesting Tentative Map"). <br /> E. On February 21, 2017, the City Council conducted the second reading of and <br /> adopted the Zoning Amendments and the Approving Ordinance. <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 /> SECTION 1. DEFINITION OF TERMS. <br /> This Agreement uses certain terms with initial capital letters that are defined in this Section 1 <br /> below or elsewhere in this Agreement. City and Developer intend to refer to those definitions <br /> when the capitalized terms are used in this Agreement. <br /> 1.1 "Affordable Housing Agreement" has the meaning set forth in Recital D.5. <br /> 1.2 "Agreement" has the meaning set forth in the Preamble. <br /> 1.3 "Approving Ordinance" has the meaning set forth in Recital D.4. <br /> 1.4 "Assignee" has the meaning set forth in Section 9.1. <br /> 1.5 "Building Permit" means the document issued by City's Building Official <br /> authorizing the holder to construct a building or other structure, as provided for in the City of <br /> Pleasanton Municipal Code. <br /> 1.6 "CEQA" has the meaning set forth in Recital D.1. <br /> 3 <br />