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ATTACHMENT 1 RESOLUTION NO. 25-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE SECOND AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF PLEASANTON AND AVALON PLEASANTON, L.P. FOR THE AVALON PLEASANTON RESIDENTIAL DEVELOPMENT, AS FILED UNDER CASE NO. PUD-85-08-1D-6M WHEREAS, in March 5, 2013, Pleasanton Partners, LLC, a Delaware limited liability company, made an application to the City for an Affordable Housing Agreement for the construction of a high density residential/commercial development located at 4400- 4460 Rosewood Dr., filed under Case No. PUD-85-08-1D-4M; and WHEREAS, the Pleasanton Housing Commission reviewed the Affordable Housing Agreement at its duly-noticed public hearings of February 21, and March 21, 2013; and WHEREAS, the City Council of the City of Pleasanton approved the Affordable Housing Agreement at its regular meeting on April 16, 2013; and WHEREAS, the City of Pleasanton and Pleasanton Partners, LLC, entered into that certain Affordable Housing Agreement (“Original Agreement”) dated May 7, 2013 and recorded on June 21, 2013, as Instrument #2013218262 (“Original Agreement”); and WHEREAS, Pleasanton Partners, LLC, assigned to Avalon Pleasanton, L.P., a Delaware limited partnership, (“Developer”) all of its rights, obligations, title and interest in and to the Original Agreement pursuant to that certain Assignment and Assumption of Development Agreement, Indemnity Agreement and Affordable Housing Agreement dated as of June 3, 2022, and recorded on June 17, 2022 as Instrument #2022113287 between Pleasanton Partners, LLC and Avalon Pleasanton, LP; and WHEREAS, on November 10, 2022, the Developer received approval for a modification (PUD-85-08-1D-5M) to: 1) modify the site layout; 2) revise the exterior elevations of the buildings; 3) change the retail use of the corner building to a daycare center; and 4) modify the related on- and off-site improvements; and WHEREAS, on December 27, 2024 the Developer received another modification approval (PUD-85-08-1D-6M) to add a fifth story, containing thirty-one (31) additional units, to the approved multifamily Podium Building, and the approval of the fifth floor to the Podium Building increased the residential count from the previously approved 223 units to 254 units, for a total of 336 units overall for the entire residential development; and WHEREAS, the City of Pleasanton and Developer executed the First Amendment to the Affordable Housing Agreement (“Amendment #1”) dated April 4, 2025 and recorded on April 10, 2025 as Instrument #2025048695 for the purpose of amending the Page 83 of 694