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MAINTENANCE AGREEMENT <br /> <br /> THIS AGREEMENT is entered into as of the first day <br />of November, 1987, by and between the City of Pleasanton, <br />California, a municipal corporation (the "City"), and Hacienda <br />Business Park Owners Association, a California nonprofit <br />corporation (the "Association"). <br /> <br /> RECITALS <br /> <br /> A. The Association is an organization of owners of <br />real property situated within certain real property located in <br />the City and commonly known as Hacienda Business Park, organized <br />pursuant to the Declaration of Covenants, Conditions and <br />Restrictions for Hacienda Business Park recorded August 13, <br />1982 as Instrument No. 82-123014 and rerecorded September 17, <br />1982 as Instrument No. 82-141251, Official Records of Alameda <br />County, as modified and restated by the Declaration of Covenants, <br />Conditions, and Restrictions For Hacienda Business Park (No. 2) <br />recorded January 24, 1985, under Series No. 85-14396, Official <br />Records of Alameda, California, as amended by the First Amendment <br />to Declaration of Covenants, Conditions, and Restrictions for <br />Hacienda Business Park (No. 2) recorded June 29, 1987, as <br />Instrument No. 87-182797, Official Records of Alameda County, <br />California, as amended and modified from time to time thereafter <br />(the "Declaration"); <br /> <br /> B. The Association is authorized by the Declaration to <br />maintain landscaping, street lighting, streets and other public <br />improvements, both within and without Hacienda Business Park as <br />provided in the Declaration; <br /> <br /> C. Callahan Pentz Properties, Pleasanton-Old Santa <br />Rita Road ("CPPP"), and the Hospital Committee for the Livermore- <br />Pleasanton Areas (the "Hospital") have recorded Parcel Map No. <br />4390 which subdivided real property owned by CPPP and by the <br />Hospital; <br /> <br />D. Pursuant to approval of Parcel Map No. 4390, CPPP, <br />the Hospital, and The Prudential Insurance Company of America <br />("Prudential"), installed public improvements, including <br />construction of Owens Drive from Tassajara Creek to West Las <br />Positas Boulevard, installation of landscaping in the Owens Drive <br />median and at the Owens Drive intersection with Las Positas <br />Boulevard, installation of street lighting along Owens Drive, and <br />installation of traffic signage and bus shelters along Owens <br />Drive; <br /> <br /> E. Maintenance by the Association of the landscaping, <br />street lighting, street signage and bus shelters and any other <br />public improvements described in Recital D benefits the City and <br />the owners of real property within Hacienda Business Park; and <br /> <br /> <br />