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~ ~ <br />8. Term. City will cease collecting fees and the Developer will not be entitled to <br />further reimbursement under this Agreement after October 30, 2000. <br />9. Disputes. Disputes arising as to this Agreement or as to connections or charges <br />shall be resolved by the City Manager. Any appeal from his/her decision shall be in writing <br />addressed to the City Council. Final Council action shall be required before any suit is <br />commenced in Superior Court based on this Agreement. The prevailing party in any <br />action/proceeding commenced in Superior Court hereunder shall be entitled to recover its <br />reasonable attorneys' fees, in addition to any other relief to which such party may be entitled. <br />10. Enforcement. City shall use its best efforts to prevent other landowners within the <br />Benefit Area from connecting to the Improvements without paying the reimbursement fee <br />provided for herein, and shall not issue necessary permits, licenses or consents for such <br />connections without payment of the fees herein provided. If, despite, City's good faith efforts <br />to prevent same, connections to or use of the Improvements by new units in the Benefit Area <br />should occur without payment of the necessary fee, City shall not be responsible for payment <br />of the amount which would have been paid to Developer, provided that Developer shall be <br />entitled, and is hereby authorized by City to pursue collection of such fees by means of private <br />right of action, or any other lawful means, against the party using the Improvements without <br />payment of the required fees. City agrees to participate in and to cooperate with and assist <br />Developer in any such action, upon request of Developer, if such participation and cooperation <br />is required to enforce Developer's collection rights hereunder. In that event, Developer will <br />indemnify City from any claim over from any third party against the City. <br />THIS AGREEMENT is executed as of the date and year first above written. <br />ATTEST: <br />\~ ~ L~--~ <br />Peg dro, ty Clerk <br />CITY OF PLEASANTON <br />Deborah Acosta, City Manager <br />APPROVED AS TO FORM: <br /> <br />Michael H. Roush, City Attorney <br />DEVELOPER <br />By: ~ ~..,,_, <br />Brian Hi Schwalen <br />-3- <br />