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PUBLIC USE AGREEMENT THIS PUBLIC USE AGREEMENT (the "Agreement") is made and entered into on the _ day of , 2017, by and between the CITY OF MENLO PARK, a California municipal corporation ("City"), and REAL SOCIAL GOOD INVESTMENTS, LLC, a California limited liability company ("Owner") (individually a "Party" and collectively the "Parties"), with reference to the following facts: RECITALS A. Owner is the fee owner of those certain parcels of real property collectively and commonly known as Station 1300 in the City of Menlo Park, California ("Property") as more particularly described in Exhibit A attached hereto. B. The Parties have entered into a Development Agreement ("Development Agreement"), effective and recorded on in the Official Records of San Mateo County as Instrument No. , to facilitate development of the Property subject to certain terms and conditions. Owner intends to demolish all existing structures on the Property and to construct the Project on the Property, as defined in the Development Agreement (the "Project'). All capitalized terms not otherwise defined in this Agreement have the meaning ascribed to them in the Development Agreement. C. As a material consideration for the long term assurances, vested rights, and other City obligations provided by the Development Agreement and as a material 'inducement to City to enter into the Development Agreement and to receive a public benefit bonus consisting of: (1) a height increase from 38 feet to 48 feet; and (2) an increase in floor area ratio from 1.1 to 1.5, thus allowing the construction of an additional 112,108 sq. ft. of office and residential space (the "Public Benefit Bonus"), Owner offered and agreed to provide certain public benefits to the City as specified in the Development Agreement. D. Section 7.1 of the Development Agreement specifies that the Project will incorporate a fenced "Dog Park" as shown on Exhibit B attached hereto that shall be open to the public consistent with this Agreement. Through this Agreement, the Parties desire to memorialize the terms under which the Owner will make the Dog Park available for public use. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Owner agree as follows: AGREEMENT The introductory paragraph and the Recitals are hereby incorporated into this Agreement as if hereinafter fully and completely rewritten. ARTICLE I CONSTRUCTION OF DOG PARK Construction of the Dog Park shall be completed substantially in conformance with the Project Approvals and all other applicable state and local building codes, development standards, and ordinances prior to City sign off of the building permit allowing occupancy of any residential unit in the Project. 1677\05\2007512.3 12/52016 PAGE 301