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construction of Phase 3 may occur in conjunction with Phase 2, including the combination of <br /> Buildings 2 and 3 into a single building. <br /> E. Developer is already an important employer in the City of Pleasanton. Developer's <br /> employees currently patronize local businesses,and with the relocation of a portion of Developer's <br /> business to the Property, Developer's employees will be expected to increase patronage to the <br /> nearby Stoneridge Mall. This Project is within one half mile of the West Dublin-Pleasanton Bay <br /> Area Rapid Transit(BART) station. It is expected that many of Developer's employees will take <br /> BART to work, thereby helping to alleviate traffic congestion on City streets and Bay Area <br /> freeways. <br /> F. CEOA Compliance. On 2021, the City Council adopted a resolution <br /> approving an Initial Study/Mitigated Negative Declaration for the Project. <br /> G. PUD Development Plan. Following review and recommendation by the City <br /> Planning Commission and after a duly noticed public hearing, preparation and consideration of an <br /> Initial Study/Mitigated Negative Declaration, the City Council, by Ordinance No. approved <br /> the Planned Unit Development(PUD- )Rezoning and Development Plan(the"Project Design <br /> Review") for the Project. <br /> H. Development Agreement. Following review and recommendation by the City <br /> Planning Commission and after a duly noticed public hearing,the City Council,by Ordinance No. <br /> ,determined that this Agreement was consistent with the City's General Plan and PUD- <br /> , and approved this Agreement. <br /> I. The approvals described in Recitals G and H are collectively referred to herein as <br /> the "Project Approvals" and applies to the three buildings totaling approximately 381,062 square <br /> feet, the 6-story parking garage with 1,168 stalls, surface parking for 90 stalls, and related site <br /> improvements such as landscape modifications, stormwater treatment areas, and other related <br /> improvements. <br /> J. In exchange for the benefits to City described in these recitals, including but not <br /> limited to assurance that the Project consistent with the PUD Rezoning Development Plan approval <br /> referred to above can proceed, together with the other public benefits that will result from the <br /> development of the Project, Developer will receive by this Agreement assurance that it may <br /> proceed with the Project in accordance with the"Applicable Law" (defined below), and therefore <br /> desires to enter 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 1701 Springdale Avenue, Pleasanton, CA as described in Exhibit A-1. The site plan for the <br /> development of the Project on the Property is shown in Exhibit A-2. <br /> 4412928_2 -2- <br />