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Recording requested by: Hacienda Business Park Owners Association When recorded return to: Hacienda Business Park Owners Association 4305 Hacienda Drive, Suite 330 Pleasanton, California 94588 (Space Above For Recorder's Use) AMENDED AND RESTATED CONSTRUCTION AND COST SHARING AGREEMENT (LINEAR GREENBELT) This AMENDED AND RESTATED CONSTRUCTION AND COST SHARING AGREEMENT ( "Agreement "), dated as of this 1 s' day of January, 2014, is entered into by and among Valencia at Hacienda Owners' Association, a non -profit mutual benefit association ( "Valencia "), Archstone Hacienda LLC, a California limited liability company ( "Archstone "), the City of Pleasanton, a municipal corporation (the "City "), and the Hacienda Business Park Owners Association, a California non -profit mutual benefit corporation ( "HBPOA "). Valencia, Archstone, the City, and HBPOA are referred to herein collectively as the "Parties." RECITALS A. WHEREAS, Signature Properties, Inc., a California corporation ( "Signature "), The Prudential Insurance Company of America, a New Jersey corporation ( "Prudential "), the City, and HBPOA, entered into that certain CONSTRUCTION AND COST SHARING AGREEMENT ( "Construction Agreement ") dated the 15th day of November, 1994; B. WHEREAS, Valencia is the successor in interest to Signature and has undertaken all of Signature's rights and responsibilities under the Construction Agreement pursuant to section 5.2 thereof; C. WHEREAS, Archstone is the successor in interest to Prudential and has undertaken all of Prudential's rights and responsibilities under the Construction Agreement pursuant to section 5.2 thereof; D. WHEREAS, Valencia is the owner of certain real property in the City of Pleasanton, County of Alameda, State of California, described on Exhibit A attached hereto (the "Valencia Parcel "); 1