SECURITY CAPITAL PACIFIC TRUST LANDSCAPING AND OIL WATER SEPARATOR MAINTENANCE

!I • LANDSCAPING AND OIL/WATER SEPARATOR MAINTENANCE AGREEMENT THIS LANDSCAPING AND OIL/WATER SEPARATOR MAINTENANCE AGREEMENT is made and entered into this ~`~ flf day of ~ ~cEa~BG-~- , 1997, by and between the CITY OF PLEASANTON (hereinafter referred to as "City") and SECURITY CAPITAL PACIFIC TRUST, a Maryland Real Estate Investment Trust (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the owner of real property in the City of Pleasanton, County of Alameda, State of California, commonly known as the 5700 Owens Drive, APNs 941-2779-004-01 and 941-2780-022-O1, Pleasanton, California, (hereinafter "Property") and more .particularly described in Exhibit A attached hereto and incorporated herein by this reference; WHEREAS, Condition 41 of the Conditions of Approval for PUD-81-30-71D required the Owner of the Property to enter into an agreement with the City that the Owner will maintain all landscaped areas on the Property included in this project at all times in a healthful, attractive and weed-free manner; WHEREAS, Condition 41 also required that the landscaping agreement shall run with the land for the duration of the existence of the structures located on the Property; and WHEREAS, Condition 89 of the Conditions of Approval for PUD-81-30-71D requires the Owner to enter into an agreement with the City to maintain the oil/water separators or approved equal (e.g., Dura Drain Fossil Filter''"'') located on the Property as shown in the improvement plans entitled "Utility Plan", dated "Approved City of Pleasanton Planning Department ,~ ~7-9~ -}-1"997"; NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to assure (a) installation of landscaping in accordance with the landscape plan approved by the City; (b) installation of oil/water separators with improvement plan approved by the City; and (c) continued maintenance of and care of the landscaping and oil/water separators. 2. .Landscaping. Owner hereby agrees to maintain in healthful, attractive and weed free manner all the landscaped areas at 5700 Owens Drive, as shown in the "Planting 135232.1