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Agreement to the County, Developer shall submit the Development <br />Agreement to the City Council for its review and comment and <br />Developer shall incorporate all of Council's comments on the <br />terms and conditions thereof. In the event that County desires <br />to make modifications to the Development Agreement, Developer <br />shall first receive City Council approval for such modifications. <br />16. Termination of Agreement. <br />This Agreement shall have no further force and effect and <br />each party shall be released from the obligations set forth <br />herein in the following events: <br />A. That annexation of the Property to the City has not <br />occurred within five (5) years after the date of execution of <br />this Agreement, unless the Agreement is further extended by <br />mutual consent of the parties; <br />B. That the City is unable to reach agreement with the <br />County of Alameda concerning the allocation of real property <br />taxes for the Property upon annexation, and that the City is <br />unable to reach agreement with the Developer concerning the terms <br />and conditions for a Service Area for the Property; <br />C. That the voters, pursuant to Articles 1 or 2, <br />Chapter 3, Division 5 of the State Elections Code, prevent <br />implementation of this Agreement. <br />17. Legal Action. Either party, in addition to any other <br />rights or remedies herein provided, may institute legal action in <br />the Superior Court of the County to cure, correct or remedy any <br />default, enforce any covenant or agreement herein, or to enjoin <br />[Draft 8/1/91] 15 <br />