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3 . If the City, in its sole discretion, determines that a <br /> heritage tree on the property is destroyed or substantially <br /> damaged, Homeowner and/or Association shall pay to City $5, 000 <br /> per tree within 30 days of the City' s notice to pay said amount . <br /> 4 . This Agreement is not intended to, or does it, <br /> supersede or replace the City' s tree preservation measures as set <br /> forth in Case Z-94-04 nor Chapter 17 . 16, Pleasanton <br /> Municipal Code. <br /> 5 . If it becomes necessary for any party to file suit in <br /> order to carry out or enforce this Agreement, the prevailing <br /> party shall be entitled to recover its reasonable attorney' s fees <br /> and costs, in addition to equitable relief or damages . <br /> Ho -a- wn <br /> CITY OF PLEASANTON <br /> By: <br /> Deborah A. Acosta <br /> City Manager <br /> GOLD tUU--t <br /> E H S ASSOCIATION <br /> By: <br /> Approved as to form: <br /> By: -X"`kk1e. ha—� <br /> Michael H. Roush <br /> City Attorney <br /> City of Pleasanton <br /> MHR:sb(cAwpdata\agr==nt\uv*ro.goq <br /> 2 <br />