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III. SUCCESSORS IN INTEREST <br /> This Agreement shall run with the land and be binding upon Developer and its heirs, <br /> assigns, and successors in interest that have an interest in the Subject Property, except for the <br /> purchasers of units within the Project. <br /> THIS AGREEMENT is entered into as of the day and year first above written. <br /> DEVELOPER: PLEASANTON GATEWAY, L.L.C., a Delaware limited <br /> liability company <br /> By: South Bay Development, L.L.C., a Delaware limited <br /> liability company (its Authorized Agent) <br /> By: <br /> Name: <br /> Title: <br /> CITY: CITY OF PLEASANTON, <br /> a Municipal Corporation <br /> By: <br /> Nelson Fialho, City Manager <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan P. Lowell, City Attorney <br /> 4 <br />