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_ ~ FIRST AMENDMENT TO GROWTH MANAGEMENT AGREEMENT THIS FIRST AMENDMENT TO GROWTH MANAGEMENT AGREEMENT is made on December 4, 2001, between DELCO BUILDERS, ("Developer"), and the CITY OF PLEASANTON, a municipal corporation ("City"), and amends the Growth Management Agreement between Developer and City dated May 8, 2001. RECITALS: A. Developer owns or will own real property ("the Subject Property") in the City of Pleasanton, described as the Clara Lane Project and the Hahner/Costas Project; B. The City granted to Developer development plan approval for 60 dwelling units (25 units in the Clara Lane Project and 35 units in the Hahner/Costas Project) (collectively "the Project"). C. Developer obtained growth management approval for the Project under the City's Growth Management Program and entered into a Growth Management Agreement with the City by which the Project had the following development schedule: 2001 16 units (Clara Lane); 15 units (Hahner/Costas) 2002 9 units (Clara Lane); 20 units (Hahner/Costas) D. Developer has requested that the 2001 allocation be moved to 2003. E. The City Council finds that there is space for this request in 2003. NOW, THEREFORE, in consideration of the mutual promises expressed herein, City and Developer hereby agree as follows: Article I of the Growth Management Agreement is amended to read as follows: "I. GROWTH 1ViANAGEMENT APPROVAL A. Subject to Chapter 17.36 of the Pleasanton Municipal Code, City hereby grants growth management approval for the Project according to the following schedule: 2002 9 units (Clara Lane); 20 units (Hahner/Costas) 2003 16 units (Clara Lane); 15 units (Hahner/Costas) Paragraphs B - I, no change." 2. In all other respects, the terms and conditions of the Growth Management Agreement are to continue in full force and effect.