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5. This Agreement shall be recorded in Alameda County Official Records immediately <br /> upon Developer taking title to the Property prior to recordation of any financial encumbrance on <br /> the Property and shall run with the land. <br /> THIS AGREEMENT is executed the date and year first above written. <br /> CITY: <br /> CITY OF PLEASANTON, <br /> a Municipal Corporation <br /> By: <br /> Nelson Fialho <br /> City Manager <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan P. Lowell, City Attorney <br /> DEVELOPER: <br /> BRE Properties, Inc., a Maryland corporation <br /> BRE Properties, Inc. a California corporation <br /> By: <br /> Director <br /> By: <br /> Stephen C. Dominiak <br /> EVP and Chief Investment Officer, Development <br />