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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 the Owners <br />properties will be excluded from the City bonded debt existing on the effective date of this <br />Agreement and from and after the annexation of the properties to the City for all utility facilities <br />to which properties is not connected. <br />6. 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 />waive their 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 Owners' interest or the public interests so <br />long as said action does not tend to prevent or defeat the formation of the districts. <br />7. 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 />8. 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 />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 />ATTEST: <br />Karen Diaz, City Clerk <br />CITY OF PLEASANTON <br />Nelson Fialho <br />City Manager <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />OWNERS: <br />Daniel L. Marks <br />Cindy L. Marks <br />(Marks Preannexation) 3 <br />