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FIRST AMENDMENT TO <br />GROWTH MANAGEMENT AGREEMENT <br />THIS FIRST AMENDMENT TO GROWTH MANAGEMENT AGREEMENT is <br />made on December 4, 2001, between GREENBRIAR SYCAMORE VALLEY COMPANY, <br />("Developer"), and the CITY OF PLEASANTON, a municipal corporation ("City"), and <br />amends the Growth Management Agreement between Developer and City dated February 15, <br />2000. <br />RECITALS: <br />A. Developer owns or has owned real property in the City of Pleasanton, described <br />as Tract 6982, Bridle Creek. <br />B. The City granted to Developer development plan approval for 111 dwelling units <br />("the Project"). <br />C. Developer obtained growth management approval for the Project under the City's <br />existing Growth Management Program and entered into a Growth Management Agreement with <br />the City by which the Project had the following development schedule: <br />1999 62 units <br />2000 49 units <br />D. Developer obtained building permits for all 111 units but 25 of the permits are <br />due to expire. <br />E. Under the City's Growth Management Program, if a building permit expires, the <br />growth management allocation that goes along with that permit likewise expires. <br />F. Developer has requested a new major project allocation for these 25 units. <br />G. The City Council finds that there is space for this request in 2001 and 2002. <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 remaining 25 lots of the Project according to the following <br />schedule: <br />2001 15 units <br />2002 10 units <br />