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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: PLEASANTON GATEWAY, LLC <br /> a Delaware limited liability company <br /> By: SB Pleasanton, LLC, <br /> a California limited liability company, <br /> its Manager <br /> By: <br /> Name: <br /> Title: <br /> -14- <br />