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IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly <br /> executed as of the date first above written <br /> LESSOR: <br /> City of Pleasanton, a California municipal corporation <br /> By <br /> Nelson Fialho, City Manager <br /> LESSEE: <br /> Kottinger Gardens Phase 2 Associates, L P , a California <br /> limited partnership <br /> By- Kottmger Gardens Phase 2 LLC, a California <br /> limited liability company, its general partner <br /> By MP Preservation, Inc., a California <br /> nonprofit public benefit corporation, its <br /> sole member <br /> By <br /> Matthew O. Franklin, Assistant <br /> Secretary <br /> [SIGNATURES MUST BE NOTARIZED] <br /> C-3 <br /> 191\52\1656915 8 <br /> OAK 144834-9609-1684 v9 <br />