VISTA DIABLO - THIRD AMENDMENT TO GROWTH MANAGEMENT AGREEMENT

.~ WHEN RECORDED, RETURN TO: City Clerk City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 THIRD AMENDMENT TO GROWTH MANAGEMENT AGREEMENT THIS THIRD AMEND'!+RE'!~T TO GROWTH ~2A1+TAGE1~~?~?T .~'=REE~IENT is made and entered into on the day of October, 1995, by and between the VISTA DIABLO, a limited partnership, ("Developer") and the CITY OF PLEASANTON, a municipal corporation ("City"), and amends the Growth Management Agreement between Developer's predecessors in interest and City dated April 5, 1991, recorded April 22, 1991, Series #91-100504, the First Amendment thereto, dated March 1, 1994, recorded June 3, 1994, Series #94-208740, Alameda County Records, and the Second Amendment, dated October 18, 1994 (unrecorded). R E C I T A L S: A. Developer owns real property ("the Subject Property") in the City of Pleasanton described in Exhibit A, attached to this Agreement and made a part of it by reference. B. The City has granted to Developer development plan approval for 23 dwelling units ("the Project"). C. Developer in 1991 obtained growth management approval for .the Project under the City's then existing Growth Management Program and entered into a Growth Management Agreement with the City by which the Project has the following development schedule: 1991 23 units D. Developer has not, however, been able to build this Project according to the schedule and a number of other developers have likewise not built according to schedule; as a consequence there is a backlog of unbuilt units which if all built in close proximity in time would burden the City's infrastructure and schools. E. The City, after meeting with members of the development community, has adopted a Modified Growth Management Program for developers with projects, such as this Project, with existing growth management approval. - 1 -