SECURITY CAPITAL PACIFIC TRUST PARKING SPACE MAINTENANCE

r4_ • i ~ PARKING SPACE MAINTENANCE AGREEMENT ~, THIS AGREEMENT is made and entered into on the ~7Tl/day of December, 1997, by and between SECURITY CAPITAL PACIFIC TRUST, a Maryland real estate investment Trust, ("Property Owner") and the CITY OF PLEASANTON, a municipal corporation ("City"). RECITALS A. Property Owner is the owner of real property ("the Subject Property") in the City of Pleasanton, described in Exhibit A',attached and incorporated into this Agreement, which consists generally of a 26 acre parcel located on Owens Drive, Pleasanton, California. B. The Subject Property has a conditionally approved planned unit development (PUD) plan, which plan (PUD-81-30-71D) was approved by the Pleasanton City Council on September 2, 1997. C. One of the conditions of the PUD plan was for the Property Owner to create and then to convey to the City a three acre park site within the Subject Property. D. On October 2, 1997, the City conditionally approved a parcel map (Parcel Map 7202) to create the three acre park site. E. One of the conditions imposed on the parcel map was that the Property Owner maintain 11 parking spaces for the three acre park. F. The purpose of this Agreement is to satisfy that condition. NOW, THEREFORE, in consideration of the following promises, the parties agree as follows: 1. Maintenance of 11 Parking Spaces. Property Owner shall regularly maintain 11 parking spaces that will be constructed for the benefit of, and will serve, the three acre park site. Regular maintenance shall include, but not be limited to, filling substantial cracks and potholes within the hard surfaces; sweeping to remove debris, litter, broken glass, and similar items; and restriping and repainting as necessary. 2. Indemnitv. Property Owner shall indemnify, defend, and hold harmless the City, its employees, Council, commissions, and agents from any loss, claims, liability, or expenses, including reasonable attorney's fees and costs, for personal injury or death, or property damage, arising out of or in connection with the negligent or wrongful acts of Property Owner, its employees or agents in the performance of its maintenance obligations, or lack thereof, under this Agreement. (AGREEMENIIPARKSPC.SAM)