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♦ ' b in paragraph 1. (6) herein. (b) At such time as LANDOWNER'S real property as a result of annexation, is no longer a part of the unincor- porated area of San Joaquin County. It is further agreed that if this agreement is terminated as provided for above, COUNTY reserves the right to proceed with any legal action which may exist at the time of entering into this agree- went. LANDOWNER and DEVELOPER hereby waive any defense that this agreement shall constitute a waiver or estoppel against enforcing the rights of COUNTY which exist at the time this agreement is entered into, and further LANDOWNER and DEVELOPER agree that this agreement or the passage of time while under this agreement shall not be raised as a basis for a defense involving the statute of limitations or laches against any legal action regarding the rights of the parties to this agreement. 5. RUNS WITH THE LAND. This agreement, consisting of the burdens of the reconstruction and reinstallation of improvements, is intended to run with the real property of LANDOWNER and is to be binding on the heirs, successors and assigns of LANDOWNER and the benefit is to run to COUNTY its successors and assigns. It is mutually agreed by the parties hereto that this agreement shall be recorded in Official Records of San Joaquin County. IN. WITNESS WHEREOF the parties hereto have executed this agree- ment the day and year first above written. COUNTY OF SAN JOAQUIN, a political subdivision of ATTEST: JORETTA J. HAYDE the State of California Clerk of the Board of Super- visors of the County of San BY Joaquin, State of California rman By (SEAL) Board of Supervisors . Deputy Cleric "COUNTY" Title DEVELOPER" Approval Recommended y William J. Ward "LANDOWNER" - 3 -