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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 /> 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: SHAC LAS POSITAS <br /> APARTMENTS,LLC <br /> a California limited liability <br /> company <br /> By: <br /> SHAC CMC LLC,a California <br /> limited liability company,its sole <br /> member <br /> By: <br /> -16- <br />