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GROWTH MANAGEMENT AGREEMENT <br />THIS GROWTH MANAGEMENT AGREEMENT is made and entered into on the 8~' <br />day of May 2001, between GREENBRIAR HOMES COMMUNITIES, INC., ("Developer"), <br />and the CITY OF PLEASANTON, a municipal corporation ("City"). <br />RECITALS: <br />A. Developer owns or will own real property ("the Subject Property") in the City of <br />Pleasanton, commonly known as the Heinz Property, within the Vineyard Avenue Specific Plan <br />Area. <br />B. Although the City has not granted to Developer development plan approval for a <br />project to be developed on the Heinz Property, the properties within the Vineyard Avenue <br />Specific Plan Area have been granted a major project allocation under the City's Growth <br />Management Program Ordinance. <br />C. Developer would like to reserve growth management approval for the project to <br />be developed on the Heinz Property under the City's Growth Management Program by which the <br />Project would have the following development schedule: <br />2002 18 units <br />D. City may enter into agreements for growth management reservations with project <br />developers meeting the requirements for such agreements pursuant to the City's Growth <br />Management Program Ordinance. <br />E. City and Developer wish to enter into a growth management reservation <br />agreement in accordance with the purposes of the City's Growth Management Program <br />Ordinance. <br />NOW, THEREFORE, in consideration of the mutual promises expressed herein, City <br />and Developer hereby agree as follows: <br />I. GROWTH MANAGEMENT APPROVAL <br />A. Subject to Chapter 17.36 of the Pleasanton Municipal Code, City hereby reserves <br />a growth management allocation for the Heinz Property according to the following schedule: <br />2002 18 units <br />B. As to these units, Developer designates the following as production units and as <br />custom lots: <br />Production Units: 18 <br />Custom Units: 0 <br />