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<br /> <br />SECOND AMENDMENT TO <br />GROWTH MANAGEMENT AGREEMENT <br />THIS SECOND AMENDMENT TO GROWTH MANAGEMENT AGREEMENT <br />is made on December 3, 2002, between CENTEX HOMES, ("Developer"), and the CITY OF <br />PLEASANTON, a municipal corporation ("City"), and amends the Growth Management <br />Agreement between Developer and City dated May 8, 2001, as first amended on December 4, <br />2001. <br />RECITALS: <br />A. Developer owns or will own real property ("the Subject Property") in the City of <br />Pleasanton, described as Avignon. <br />B. The City granted to Developer development plan approval for 46 dwelling units <br />on the Subject Property ("the Project"); <br />C. Developer obtained growth management approval for the Project under the City's <br />Growth Management Program and entered into a Growth Management Agreement with the City <br />by which the Project had the following development schedule: <br />2001 5 units (Avignon) <br />2002 22 units (Avignon) <br />2003 18 units (Avignon) <br />D. Developer obtained a revision to its allocation in 2001 and then made a further <br />request to reallocate units. <br />E. The City Council finds that there is space for this request in 2003, 2004 and 2005. <br />NOW, THEREFORE, in consideration of the mutual promises expressed herein, City <br />and Developer hereby agree as follows: <br />1. Article I of the Growth Management Agreement is amended to read as follows: <br />"I. GROWTH MANAGEMENT APPROVAL <br />A. Subject to Chapter 17.36 of the Pleasanton Municipal Code, City hereby grants <br />growth management approval for the Project according to the following schedule: <br />2003 8 units <br />2004 22 units <br />2005 16 units <br />Paragraphs B - I, no change." <br />1 <br />