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E. WHEREAS, Archstone is the owner of that certain real property located in the City of Pleasanton, County of Alameda, State of California, described on Exhibit B attached hereto (the "Archstone Parcel "); F. WHEREAS, HBPOA is the owners association that is responsible for the maintenance of certain common areas more particularly described in and subject to the Declaration of Covenants, Conditions and Restrictions for the Hacienda Business Park (No. 4) that were recorded on April 8, 2013, as Recorder's Series Number 2013 - 124373, as amended (the "Declaration "); G. WHEREAS, the Declaration currently includes all of that certain real property located in the City of Pleasanton, County of Alameda, State of California, more particularly shown in ,Exhibit C attached hereto ( "Hacienda "); H. WHEREAS, prior owners (the "Previously Established Non - member Affiliates ") developed projects (such as Springhouse, Avila, Siena, Verona, Valencia, and Archstone) which were previously detached from HBPOA, but nonetheless have certain continuing obligations and rights to HBPOA pursuant to separate de- annexation agreements, recorded covenants or operation equivalent documents (each a "Non- member Affiliate Agreement "); I. WHEREAS, the terms and conditions set forth in each Non - member Affiliate Agreement, as amended from time to time, remain in full force and effect and, except as otherwise set forth in this Agreement, remain unchanged and independent of this Agreement; J. WHEREAS, the owners of other real property within HBPOA may detach from HBPOA in the future (the "Future Non - member Affiliates ", and together with the Previously Established Non - Member Affiliates, the "Non- member Affiliates "), and whereas such Future Non - member Affiliates will have certain continuing rights and obligations to HBPOA memorialized in individual Non - member Affiliate Agreements; K. WHEREAS, as part of the development undertaken by Signature and Prudential, the City required that Parcels D -D of Tract 6673, Parcel B of Tract 6672, and Parcel A of Tract 6738 be improved as a private greenbelt open space ( "Greenbelt "); L. WHEREAS the Greenbelt was developed pursuant to the Construction Agreement; L. WHEREAS, Valencia, Archstone, HBPOA and the City desire to agree upon their maintenance responsibilities and other obligations for the Greenbelt; M. WHEREAS, upon recordation of this Agreement, the Construction Agreement shall be fully and completely superseded by this Agreement and no provision of the Construction Agreement shall remain in force and effect. 2