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<br />successful annexation of the properties; provided, however, that Owners shall not waive their <br />right to protest said annexation should the City prior to annexation change the land use <br />designation on the 1996 Pleasanton General Plan. <br /> <br />3. No Further Subdivision. Owners shall not subdivide the Exhibit A property <br />without the prior approval of the City of Pleasant on. <br /> <br />4. Prooertv Subiect to This Agreement. The properties subject to this Agreement are <br />more particularly described in the legal descriptions attached hereto as Exhibit A and made a part <br />hereof. <br /> <br />5. Design Review Approval. Owners shall submit plans for the development of the <br />Exhibit A property to the City for the City's review and approval. Assuming that the Exhibit A <br />property is still in the unincorporated area of Alameda County at the time Owners intend to apply <br />for a building permit for the Exhibit A property, Owners shall neither apply for nor obtain a <br />building permit from the County of Alameda unless and until City has approved the design of the <br />plans for any proposed development on the Exhibit A property. <br /> <br />6. Bonded Debt. Owner's consent that, upon annexation of the property to City, said <br />property shall be taxed to pay their share of existing bonded indebtedness of City. This <br />Agreement shall serve as such consent, and a copy shall be filed with Treasurer-Tax Collector of <br />Alameda County, if evidence of such consent is required; provided, however, that Owner's <br />property will be excluded from the City bonded debt existing on the effective date of this <br />Agreement and from and after the annexation ofthe properties to City for all utility facilities to <br />which Owner's property is not connected. <br /> <br />7. Benefit or Assessment Districts. Owners shall cooperate with City in the <br />formation of any mutual benefit districts or assessment districts which City deems necessary for <br />the installation of public improvements serving, in whole or in part, the properties, whether such <br />districts are formed at the time of annexation or some time in the future. In this regard, Owners <br />waives the right to protest the formation of any of said districts and shall do no act calculated or <br />tending to prevent, impede, or defeat the successful formation thereof; provided, however, that <br />this waiver is not intended, nor shall it be construed, to affect or limit the rights of the Owners to <br />participate in the hearings and/or other aspects of the district formation proceedings to the extent <br />necessary and appropriate to protect and further the owner's interest or the public interests so <br />long as said action does not tend to prevent or defeat the formation of the districts. <br /> <br />8. Successors and Assigns. This Agreement shall expressly run with the land and <br />shall apply to, bind, and inure to the benefit of successors in interest of the Owners with respect <br />to the legal title to the land described in Exhibit A. <br /> <br />9. Recording. The execution of this Agreement shall be acknowledged before a <br />Notary Public, and the Agreement shall be recorded with the Recorder of Alameda County. <br /> <br />IN WITNESS WHEREOF, the parties set their hands, and the City has caused this <br />Agreement to be executed on the day set forth above. <br /> <br />SR 06 030 Attachment Agreement Revised.doc <br /> <br />3 <br />