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EXECUTED to be effective as of the Effective Date first written above. <br />CITY OF SAN MA <br />By: <br />Bert I,Jkb eras, pity Manager <br />HIGHPOINTE TRACE, LLC, <br />a California limited liability company <br />By: Highpointe Posey Road, L.P., a California <br />limited partnership, Its Managing <br />Member <br />By: Highpointe Investments, Inc., <br />a California corporation, Its <br />General Partner <br />By: <br />Timothy D. England, SVP <br />2806637.1 4 <br />