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"but not limited to;" (d) "shall," "will," "must," "agrees," and "covenants," are mandatory and <br /> "may" is permissive; and (e) "or" is not exclusive. The parties have jointly participated in the <br /> negotiation and drafting of this Agreement, and this Agreement shall be constn.ed fairly and <br /> equally as to the parties, without regard to any rules of construction relating to the party who <br /> drafted a particular provision of this Agreement. <br /> Section 5.17 Recordation of Development Agreement. Pursuant to California Government <br /> Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City <br /> Clerk shall record an executed copy of this Agreement in the Official Records of the County of <br /> Alameda. <br /> IN WITNESS WHEREOF, this Agreement has been entered into by and between <br /> Developer and City as of the day and year first above written. <br /> "CITY" <br /> Dated: CITY OF PLEASANTON, <br /> a municipal corporation <br /> By: <br /> Nelson Fialho <br /> City Manager <br /> Dated: Approved as to form: <br /> By: <br /> Jonathan Lowell <br /> City Attorney <br /> "DEVELOPER" <br /> Dated: RING FINANCIAL, INC., a California <br /> corporation <br /> By: <br /> Name: <br /> Title: <br /> #12772144 v9 13 <br />