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WHEN RECORDED, RETURN TO: <br />City Attorney <br />P. O. Box 520 <br />Pleasanton, CA 94566 <br /> <br /> AGREEMENT FOR GROWTH MANAGEMENT PROGRAM EXEMPTION <br /> PURSUANT TO RESOLUTION 82-66, GROWTH MANAGEMENT <br /> PROCEDURES AND GUIDELINES, EXHIBIT "A", §l(a)(iii) <br /> <br /> THIS AGREEMENT is entered into this day of , <br /> 1985, by and between ARROYO VILLAGE JOINT VENTURE, a joint <br />venture composed of the undersigned individuals and entities, <br />(hereinafter referred to as "Developer") and the CITY OF <br />PLEASANTON, a municipal. corporation (hereinafter referred to as <br />"City"). <br /> <br /> RECITALS <br /> <br /> A. Developer owns the property located on Vineyard Avenue <br />near Mavis Drive in the City of Pleasanton. The property <br />consists of approximately two (2) acres, is referred to <br />hereinafter as the "Property", and is more particularly described <br />in Exhibit "A" attached hereto and incorporated herein by <br />reference. <br /> <br /> B. On March 12, 1985, the City Council approved Ordinance <br />No. 1181 (PUD-84-7) authorizing construction of a nineteen (19) <br />unit single family residential project on the Property ("Arroyo <br />Village Project"). <br /> <br /> C. On June 4, 1985, the City Council approved an <br />application by Developer for an exemption from the City's Growth <br />Management Program for the Project as a lower-income housing <br />development. This exemption was made subject to approval of a <br />contract satisfactory to the City Council insuring that the <br />purposes of the lower income exemption were achieved. This <br />Agreement fulfills that condition. <br /> <br /> D. The Developer intends to designate lots 5, 7, 13, 14 and <br />17 of proposed Tract 5364 as the low and moderate income units. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and <br />undertakings set forth herein and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Developer and the City agree as follows: <br /> <br /> 1. Duration of Exemption: The exemption from the Growth <br />Management Program shall lapse on the 18th day of December, 1986, <br />if construction is not commenced as defined in §2-20.05(b)(9) of <br />the Pleasanton Municipal Code for the lapse of small project <br />approvals. <br /> <br /> - 1 - <br /> <br /> <br />