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4. TERMINATION AND AGREEMENT EFFECTIVENESS <br /> <br /> Developer shall be entitled to terminate this Agreement by <br />giving written notice of such termination to the City. Unless <br />this Agreement is terminated by Developer in writing, or unless <br />the Bernal Property Preannexation Development Agreement to be <br />entered into between Developer and City (as authorized by <br />Ordinance No. adopted by the City Council on <br />2000) has been terminated pursuant to the terms of that <br />Development Agreement, the growth management allocation granted <br />under this Agreement and all terms of this Agreement shall <br />continue to be in full force and effect irrespective of whether <br />annexation of portions of the Subject Property as contemplated <br />heroin are annexed to the City. <br /> <br />5. RECORDATION <br /> <br /> This Agreement shall be recorded in the Office of the <br />County Recorder of Alameda County. Upon completion of the <br />Project by Developer, the City will, upon request, execute a <br />recordable instrument to eliminate this Agreement as an <br />exception to title of the project site. The City Manager is <br />hereby authorized to execute such instrument on behalf of the <br />City. <br /> <br /> THIS AGREEMENT is entered into as of the day and year <br />first above written. <br /> <br /> ~7- <br />8/I g/O0 <br /> <br /> <br />