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6. City shall reserve to Owner for use by future occupants of the Property <br /> 5000 gallons/day of sewage treatment capacity, subject to the Owner's paying the sewer <br /> demand charges then in effect from time to time under the Pleasanton Sewerage Code. <br /> Owner shall pay the regional and local connection fees then in effect when Owner draws <br /> on this reserve. In addition, City shall not be restricted in its right to charge Owner or the <br /> occupants of the Property, as the case may be, non-discriminatory user charges on a <br /> periodic basis in accordance with the Pleasanton Sewerage Code from time to time in <br /> effect. <br /> 7. Except for the funds in the Trust Fund, Owner relinquishes all right, title <br /> and interest to any unused funds paid to the City pursuant to the 1981 Agreement, but <br /> City shall use $309,000 of the previously paid installments to meet Owner's total Park <br /> Obligation for the Property. The City agrees that this $309,000 shall constitute payment <br /> in full for Owner's Park Obligation. <br /> 8. The 1986 Pre-Sale Capacity shall remain Owner's and shall be subject to <br /> the prior rules applicable to it, which rules are unchanged by this Agreement. <br /> 9. If the level of service (LOS) for traffic turning left (north) from Bernal <br /> Avenue to Koll Center Drive becomes LOS E, Owner shall at its sole expense install a <br /> traffic signal and make other reasonably necessary road improvements at this intersection <br /> in a design as reasonably approved by the City Engineer. <br /> 10. The prevailing party in any action brought to enforce or construe the terms <br /> of this Agreement may recover from the other party its reasonable costs and reasonable <br /> attorney's fees expended in connection with such an action. <br /> 11. This writing terminates the 1981 Agreement and constitutes the entire <br /> agreement between the parties relative to the satisfaction of the Park Condition and <br /> modification of this Agreement shall not be effective unless and until such modification is <br /> evidenced by a written amendment signed by both parties to this Agreement. <br /> (PAR1:BAASAM) 4 <br />