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~ ~ <br />Council action shall be required before any suit is commenced in <br />Superior Court based on this Agreement unless City Council fails <br />to act on Developer's appeal within a reasonable time. The <br />prevailing party in any action or proceeding hereunder shall be <br />entitled to recover its reasonable attorneys' fees, in addition <br />to any other relief to which such party may be entitled. <br />12. SCOD@ of Agreement. This Reimbursement <br />Agreement covers only those Traffic Mitigation Measures as <br />detailed in the TJKM Traffic Impact Study, dated May, 1990. As a <br />condition of approval of the PUD modification, Developer is <br />required to prepare a traffic study prior to each phase of the <br />project (after the first phase) being reviewed by the City's <br />Design Review Board. Nothing provided in this Agreement is <br />intended to limit or prevent the City from requiring Developer to <br />be responsible for additional traffic mitigation measures based <br />on the further traffic studies which City has the authority to <br />require under the PUD. <br />THIS AGREEMENT is executed as of the date and year <br />first above written. <br />ATTEST <br />r <br />Pegg zidr City Clerk <br />APPROVED AS TO FORM: <br />~t 2~GU:~ <br />~~ ~ ~~ <br />Michael H. Roush <br />City Attorney <br />G:\P\CJBOOO.u50/02Aug90a <br />CITY OF PLEASANTON <br />Kenneth R. Mercer, Mayor <br />(.,,ROCKE;R PROPERTLES, INC. , a wholly <br />owned subsidiary of Wells Fargo <br />Bank, N.A., a national banking association <br />DEVELOPER: <br />Dav'd L. Nelson, Vi e President <br />By: <br />Thomas ~;. Rotticci, Assistant <br />Vice President <br />8. <br />