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regard, Owners waive its right to protest the formation of any of said districts and shall <br /> do no act calculated or tending to prevent, impede, or defeat the successful formation <br /> thereof; provided, however, that this waiver is not intended, nor shall it be construed, to <br /> affect or limit the rights of the Owners to participate in the hearings and/or other aspects <br /> of the district formation proceedings to the extent necessary and appropriate to protect <br /> and further the Owners' interest or the public interests so long as said action does not <br /> tend to prevent or defeat the formation of the districts. <br /> 7. Covenants Running with the Land. All of the provisions contained in this Agreement <br /> shall be binding upon the Owners and Owners' respective heirs, successors and <br /> assigns, representatives, lessees, and all other persons acquiring all or a portion of the <br /> Property, or any interest therein, whether by operation of law or in any manner <br /> whatsoever. All of the provisions contained in this Agreement shall be enforceable as <br /> equitable servitudes and shall constitute covenants running with the land pursuant to <br /> California law including, without limitation, California Civil Code §1468. <br /> 8. Recording. The execution of this Agreement shall be acknowledged before a Notary <br /> Public, and the Agreement shall be recorded with the Recorder of Alameda County. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement on the day <br /> set forth above. <br /> CITY OF PLEASANTON OWNER <br /> Nelson Fialho, City Manager Robert Himsl <br /> ATTEST: OWNER <br /> Karen Diaz, City Clerk Kelli Himsl <br /> APPROVED AS TO FORM: <br /> Daniel G. Sodergren, City Attorney <br />