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and thereafter. <br /> 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 , 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 /> Homeowner: <br /> CITY OF PLEASANTON <br /> Deborah A. Acosta <br /> City Manager <br /> GOLDEN LE HOMEOWNERS AS SO IATION <br /> By: <br /> P <br /> Approved as to form: <br /> By: /��I �'►l/(� <br /> Michael H. Roush <br /> City Attorney <br /> City of Pleasanton <br /> MHR:s b(c:\wpdata\agreement\treepro.got) <br /> 2 <br />