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l 0 (vet <br /> GROWTH MANAGEMENT AGREEMENT <br /> v>v THIS GROWTH MANAGEMENT AGREEMENT is made and entered into on the <br /> day of ceC'-I0)l'y2010, between CONTINUING LIFE COMMUNITIES <br /> PLEASANTON, LLC, ("Developer"), and the CITY OF PLEASANTON, a municipal <br /> corporation ("City"). <br /> RECITALS: <br /> A. Developer will own real property ("the Subject Property") in the City of <br /> Pleasanton. <br /> B. The City has granted to Developer development plan approval for a residential <br /> care facility for the elderly and a skilled nursing facility ("the Project"). <br /> C. Units within a facility such as the Project are generally not considered residential <br /> units but based on the Project's potential impacts on community services and infrastructure, the <br /> City may designate a percentage of the units as residential for purposes of the City's Growth <br /> Management Ordinance <br /> D. The City has designated 241 units of the Project as residential units for purposes <br /> of the City's Growth Management Program. <br /> E. City may enter into growth management agreements with project developers <br /> under the City's Growth Management Ordinance. <br /> F. City and Developer wish to enter into a growth management agreement in order <br /> to achieve the benefits of the Project to City and its residents and in accordance with the <br /> purposes of the City's Growth Management 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. City hereby grants growth management approval to the Project for 241 units in <br /> 2011. If Developer does not pull building permits for all 241 units in 2011, Developer may pull <br /> building permits in the year or years following 2011 until Developer has pulled all 241 building <br /> permits. <br /> 3. Developer will use its best efforts to project the year or years in which it will <br /> obtain building permits as provided in this Agreement and will keep the City informed of the <br /> year or years in which Developer estimates that it will obtain such building permits so that the <br /> City may allocate growth management approvals for other developers in order to accommodate <br /> Developer's development schedule. <br /> h <br />