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The City hereby directs that any Eligible Consulting Costs due to the City pursuant to this <br /> Agreement shall be payable to the City of Pleasanton and mailed to: <br /> Attention: Jenny Soo <br /> City of Pleasanton Planning Division <br /> 200 Old Bernal <br /> Avenue <br /> P.O. Box 520 <br /> Pleasanton, CA 94566-0802 <br /> Section 3. Term. This Agreement shall be effective on the date of execution and shall <br /> continue until April 18, 2018, or the approval of the Project by the City Council, whichever <br /> occurs later. <br /> Section 4. Amendments. Any amendment, modification, suspension or cancellation of <br /> this Agreement must be in writing, signed by the City and Owner. <br /> Section 5. Disputes. Disputes arising under this Agreement shall be filed with the City <br /> Manager, who shall be authorized to resolve such disputes. Any decision made by the City <br /> Manager with respect to this Agreement may be appealed to the City Council. Any such appeal <br /> to the City Council must be made in writing and addressed to the City Council. Final action of <br /> the City Council shall be required before legal action pursuant to this Agreement may be <br /> instituted. Notwithstanding the foregoing, either party may, in addition to any other rights or <br /> remedies, institute legal action to cure, correct or remedy and default, enforce any covenant or <br /> agreement herein, enjoin any threatened or attempted violation or enforce by specific <br /> performance the obligations and rights of the parties hereto. In such event, the prevailing party <br /> shall be entitled to its attorneys' fees and costs, if any, in addition to any other relief to which <br /> such party may be entitled. <br /> Section 6. Notice. Any notices required or permitted to be given hereunder shall be given in <br /> writing and shall be delivered by U.S. Mail, with a courtesy copy provided by e-mail. Such <br /> notices shall be addressed as follows: <br /> If to City: City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> If to Owner: Tim Lewis Communities <br /> Attn: Michael S. O'Hara <br /> 12667 Alcosta Boulevard, Suite 170 <br /> San Ramon, CA 94583 <br /> moharaatimlewis.com <br /> With a copy to: Alicia Guerra, Esq. <br /> Buchalter Nemer <br /> A Professional Corporation <br /> 55 Second Street, Suite 1700 <br /> San Francisco, CA 94105-3493 <br /> aguerranbuschalter.com <br />