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serving, in whole or in part, Owner's lands as described herein, whether <br /> <br />such districts are formed at the time of annexation or some time in the <br />future. In this regard, Owner waives the right to protest the <br /> <br />formation of any of said districts and aqrees to do no act calculated <br />or tending to prevent, impede, or defeat the successful formation <br />thereof; provided, however, that this waiver is not intended, nor <br />shall it be construed, to affect or limit the rights of the Owner to <br />participate in the hearings and/or other aspects of the district <br />formation proceedings to the extent necessary and appropriate to <br />protect and further its interests or the public interests so long <br />as said action does not tend to prevent or defeat the formation of <br />the districts. <br /> <br /> 7. Successors and Assigns. This agreement shall expressly run <br />with the land described in Exhibit A and shall apply to, bind, and <br />inure to the benefit of successors in interest of the Owner with <br />respect to the legal title to the land described in Exhibit A. <br /> <br /> 8. Recording. The execution of this agreement shall be <br />acknowledged before a Notary Public, and the agreement shall be <br />recorded with the Recorder of Alameda County. <br /> <br /> IN WITNESS WHEREOF, the parties set their hands, and the City <br /> <br />has caused this agreement to be executed on the day set forth above. <br /> <br /> CITY OF PLEASANTON <br /> <br />ATTEST: <br /> <br />James R. Walker <br />City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Kenneth R. Mercer, Mayor <br /> <br />OWNER <br /> <br />Robert W. Byrd <br /> <br />Peter D. MacDonald <br />City Attorney <br /> <br />-4- <br /> <br /> <br />