GREENBRIAR HOMES - GROWTH MANAGEMENT AGMT

FIRST AMENDMENT TO GROWTH MANAGEMENT AGREEMENT THIS FIRST AMENDMENT TO GROWTH MANAGEMENT AGREEMENT is made on December 4, 2001, between GREENBRIAR HOMES COMMUNITIES, INC., ("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, commonly known as the Heinz Property. P . Developer in 2001 entered into a Growth Management Agreement by which the City reserved for the Subject Property the following growth management allocations: 2002 18 units C. Developer has requested to reallocate a portion of its reservation to 2003. D. The City Council finds that there is space under its Growth Management Program to accommodate Developer's request. NOW, THEREFORE, in consideration of the mutual promises expressed herein, City and Developer herby agree as follows: Article I of the Growth Management Agreement is amended to read as follows: "I. GROWTH MANAGEMENT APPROVAL A. City hereby reserves a growth management allocation for the Subject Property according to the following schedule: 2002 8 units 2003 10 units (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.