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PHASE II MAINTENANCE AGREEMENT <br />THIS AGREEMENT is entered into as of the first day of May, <br />1988 by and between the City of Pleasanton, California, a <br />municipal corporation (the "City"), and Hacienda Business Park <br />Owners Association, a California nonprofit corporation (the <br />"Association"). <br />RECITALS <br />A. The Association is an organization of owners of real <br />property situated within certain real property located in <br />the City and commonly known as Hacienda Business Park, <br />organized pursuant to the Declaration of Covenants, <br />Conditions and Restrictions for Hacienda Business Park <br />recorded August 13, 1982 as Instrument No. 82-123014 and <br />rerecorded September 17, 1982 as Instrument No. 82-141251, <br />Official Records of Alameda County; as amended by the <br />Declaration of Covenants, Conditions and Restrictions for <br />Hacienda Business Park (No. 2) recorded January 24, 1985 as <br />Instrument No. 85-14396, Official Records of Alameda <br />County; and the First Amendment ("First Amendment") to <br />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 />(the "Declaration"); <br />B. The First Amendment added the real property known as <br />Hacienda Business Park Phase II ("Hacienda Business Park <br />Phase II") to the real property subject to the Declaration. <br />C. The Association is authorized by the Declaration to <br />maintain landscaping, street lighting, streets and other <br />public improvements, both within and without Hacienda <br />Business Park Phase II; <br />D. Maintenance by the Association of the landscaping, street <br />lighting, streets and other public improvements within the <br />areas provided by the Declaration benefits the City and the <br />owners of real property within Hacienda Business Park Phase <br />II; <br />E. The City and the Association desire to enter into this <br />agreement to provide for the maintenance by the Association <br />of landscaping, street lighting, streets and other public <br />improvements as provided herein in order to satisfy <br />Conditions of Approval 8, 9 and 10, Ordinance 1325. <br />NOW THEREFORE, in consideration of the foregoing and for <br />other good and valuable consideration, receipt of which is hereby <br />acknowledged, the City and the Association hereby agree as <br />follows: <br />3 <br />