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13. Binding on Land and Successors. All covenants, promises and <br />agreements contained in this agreement shall pertain to and do hereby <br />expressly run with the land controlled by Developer and described herein. <br />This agreement shall bind and insure to the parties hereto, including <br />heirs, assigns, executors, administrators, and all other parties whether <br />they succeed by operation of law or voluntary acts of Developer. Signatures <br />and execution of all parties shall be acknowledged before a notary public. <br />Either party may file and record this agreement with the Recorder of <br />Alameda County. <br /> <br />The parties hereto affix their signatures to this agreement as <br /> <br />of the date and year first written above. <br /> <br />CITY OF PLEASANTON <br /> <br />ATTEST: <br /> <br />BY: <br /> Kenneth R. Mercer, Mayor <br /> <br />James R. Walker <br />City Clerk <br /> <br />MORRISON HOMES <br /> <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald <br />City Attorney <br /> <br />-5- <br /> <br /> <br />