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Ordinance No. <br />Page of 6 <br /> <br /> <br /> 8. Except as expressly modified by this Fifth Amendment, the City and Developer hereby <br />ratify and confirm the terms and conditions of the Agreement which are fully incorporated herein by <br />reference and shall continue in full force and effect. <br />9. This Fifth Amendment shall be effective as of the date the Agreement otherwise would <br />have terminated and shall remain in effect until terminated on December 31, 2024, or December 31, <br />2025, pursuant to paragraph 7 above. This Fifth Amendment may be executed in multiple <br />counterparts, all of which taken together shall constitute one and the same instrument. This Fifth <br />Amendment shall be duly recorded in the Official Records of Alameda County. <br />IN WITNESS WHEREOF, the parties have executed this Fifth Amendment on the date affixed <br />by their signature. <br />"City" <br />CITY OF PLEASANTON, a Municipal <br />corporation of the State of California <br /> <br /> <br />By: _____________________________ <br />Gerry Beaudin <br />City Manager <br /> <br />Dated Executed: __________________ <br /> <br />Attest: <br /> <br /> <br />________________________________ <br />Jocelyn Kwong <br />City Clerk <br /> <br />Approved as to Form: <br /> <br /> <br />________________________________ <br />Daniel G. Sodergren <br />City Attorney <br />“Developer" <br />STONERIDGE PROPERTIES LLC, a Delaware <br />limited liability company, doing business in <br />California as STONERIDGE ASSOCIATES, LLC <br />By: SIMON-MILLS II, L.L.C., a <br />Delaware limited liability company, its <br />Managing Member <br /> <br /> <br />By: _____________________________ <br /> <br />Title: ____________________________ <br />Date Executed:____________________ <br /> <br /> <br /> <br />Page 42 of 371