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<br />following sites to allow up to 100% residential use, and with the following minimum and
<br />maximum residential densities:
<br />(a) Site A: “Hacienda West,” located at 3825/3875 Hopyard Road, Pleasanton, CA,
<br />Assessor’s Parcel Number (APN) 941-2760-19-1, with an approximate acreage of
<br />14.19 acres, at a minimum residential density of not less than 30 dwelling units per
<br />acre, and a maximum residential density of not less than 40 dwelling units per acre;
<br />(b) Site B: “Metro 580,” located at 4515 Rosewood Drive, Pleasanton, CA, APN 941-
<br />2779-9, with an approximate acreage of 15.51 acres, at a minimum residential density
<br />of not less than 30 dwelling units per acre, and a maximum residential density of not
<br />less than 60 dwelling units per acre.
<br />and
<br />(c) Site C: “Inglewood Site,” located at 5960 Inglewood Drive, Pleasanton, CA, APN
<br />941-2760-18, with an approximate acreage of 6.0 acres, at a minimum residential
<br />density of not less than 30 dwelling units per acre, and a maximum residential density
<br />of not less than 40 dwelling units per acre.
<br />If the City decides to rezone Sites A, B and C, then the City agrees to complete the
<br />rezoning process, including any necessary environmental review, by the Proposed
<br />Action Deadline.
<br />3.Alternative Sites.
<br />If the City decides, during the legislative or environmental review process, that Site A, B or C is
<br />not an appropriate site for rezoning for residential use, then the City may propose a substitute site
<br />or sites to HAC as an alternative candidate for rezoning under section 2, and discuss modification
<br />of this agreement, including rezoning of any alternative site(s) by the Proposed Action Deadline
<br />(including as that date may be extended). Any such modification of section 2 shall be enforceable
<br />only if it is in writing signed by the Parties.
<br />4.Tolling and Forbearance from Suit Pending Legislative Consideration.
<br />The City agrees to toll until the Proposed Action Deadline (the Tolling Period) the application
<br />and/or running of any statutes of limitations, statutes of repose and doctrine of laches with respect
<br />to any claim, rights or causes of action concerning the claims asserted in the Notice Letter. During
<br />the Tolling Period, HAC agrees to forbear from filing suit against the City on any claim, right or
<br />cause of action asserted in the Notice Letter. This date may be amended by an email agreement
<br />between counsel for HAC and the City, made before the expiration of the then-current deadline.
<br />5.Conditional Release of Claims.
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<br />If the City adopts the Proposed Action described in Section 2 of this Agreement (i.e., completes
<br />the rezoning process for all three sites at the proposed density) by the Proposed Action Deadline,
<br />HAC and its related and affiliated entities, representatives, members, officers, directors, employees
<br />and agents agree to forever release and discharge the City and its officers, employees, agents,
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