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U~ p a <br />FOURTH AMENDMENT TO <br />GROWTH MANAGEMENT AGREEMENT <br />THIS FOURTH AMENDMENT TO GROWTH MANAGEMENT AGREEMENT <br />is made and entered into on the 18th day of March, 1997, by and between the MOLLER <br />RANCH LIMITED PARTNERSHIP, a limited partnership, ("Developer"), and the CITY <br />OF PLEASANTON, a municipal corporation ("City"), amends the Amended Growth <br />Management Agreement between Developer's predecessor in interest and City dated August 4, <br />1992, recorded March 16, 1993, as Instrument No. 93-082747, Official Records, as amended on <br />December 21, 1994, recorded January 31, 1995, Instrument No. 95-019541, Official Records of <br />Alameda County, and as also amended on February 20, 1996 (unrecorded). <br />RECITALS: <br />A. Developer owns real property ("the Subject Property") in the City of Pleasanton <br />described in Exhibit A, attached to this Agreement and made a part of it by reference. <br />B. The City has granted to Developer development plan approval for 99 dwelling <br />units ("the Project"). <br />C. Developer in 1992 obtained growth management approval for the Project under <br />the City's then existing Growth Management Program and entered into a Growth Management <br />Agreement with the City by which the Project has the following development schedule: <br />1994 47 units <br />1995 50 units <br />D. Developer has not, however, been able to build this Project according to the <br />schedule and a number of other developers have likewise not built according to schedule; as a <br />consequence there is a backlog of unbuilt units which if all built in close proximity in time would <br />burden the City's infrastructure and schools. <br />E. The City, after meeting with members of the development community, has adopted <br />a Modified Growth Management Program for developers with projects, such as this Project, with <br />existing growth management approval. <br />F. The goal of this program is to have the actual units built in any year not to exceed <br />that which is provided for in the City's General Plan. <br />G. Developer desires to cooperate with the City in carrying out this program because <br />to do so will protect the public health, safety and welfare. <br />Revised 6/6/97 <br />(docs\agt\moller9.sam)rp 1 <br />