SECURITY CAPITAL PACIFIC TRUST ALTERNATIVE TRAFFIC MITIGATION MEASURES

C7 4. Notice. Any notice and communication required or provided for under this Agreement shall be given in writing and sent by first class mail to the following addresses: CITY: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 PROPERTY OWNER: Security Capital Pacific Trust 22320 Foothill Boulevard, 2nd Floor Hayward, CA 94541 5. Successors in Interest. This Agreement shall run with the land and be binding upon any and all successors in interest of the Property Owner having an interest in the Subject Property. 6. Recordation/Property Owner's Obligation. At this time, it is not known what Property Owner's fair share, as set forth in paragraph 1, will be. It is anticipated, however, that such will be known, or at least known with more certainty, by June 1, 1999. If, by June 1, 1999, Property Owner's fair share has not been determined, the parties agree to enter into a new Agreement that will be recorded that may define better what Property Owner's fair share will be. If Property Owner should sell or transfer the Subject Property prior to its satisfying its obligations herein, it shall expressly inform the purchaser/transferee in writing, with a copy to the City, of this Agreement. Should Property Owner fail to do so, the obligations of this Agreement will be personal to the Property Owner notwithstanding its transfer of the Subject Property. 7. Formulation of Fair Share. Notwithstanding anything herein to the contrary, Property Owner shall have the right to participate in the process to formulate the calculation of the "fair share" requirement and the determination of whether residential properties shall be obligated to participate in the funding of the West Las Positas Interchange or alternative mitigation. (Agreement\Traffcrosam) 2 t.