VISTA DIABLO - SECOND AMENDMENT TO GROWTH MANAGEMENT AGREEMENT

-- s • WHEN RECORDED, RETURN TO: City Clerk City of Pleasanton P.O. BoX 520 Pleasanton, CA 94566 SECOND A1tE~TDMEDiT TO GROWTH MANAQ81LE~1T AGRE81[ENT THIS SECOND AMENDMENT TO Q4tOi1TH 68Z[ENT At3RSE1[SNT is made and entered into the 18th day of October, 19.94, by and between VISTA DIABLO, a limited partnership, ("Developer"), and the CITY OF PLEASANTON, a municipal corporation ("City"J, and amends the Growth Management Agreement between Developer's predecessors in interest, and City dated April 5, 1991, recorded April 22, 1991, Series ,~91- 100504, and the First Amendment thereto., dated March 1, 1994, recorded June 3, 1994, Series ,~94-208740, Alameda County Records. R E C I T li- L S s A. Developer owns real property ("the Subject Property") in the City of Pleasanton described in Exhibit A, attached to this Agreement and made a part of it by reference. 8. The City has granted to Developer development plan approval for 23 dwelling units ("the Project"). C. Developer in 1991 obtained growth management approval for the Project under the City's then existing Growth Management Program and entered into a Growth Management Agreement with the City by which the Project has the following development schedule: 1991 23 units D. Developer has not, however., been able to build this Project according to the schedule and a number of other developers have likewise not built according to schedule; as a consequence there is a backlog of unbuilt units which if all built in close proximity in time would burden the City's infrastructure and schools. E. The City, after meeting with members of the development community, has adopted a Modified Growth Management Program for developers with projects, such as this Project, with existing growth management approval. F. The goal of this program is to have the actual units built in any year not to exceed that which is provided for in the City's General Plan.