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<br /> <br />transfer of the Property; provided that Developer shall have the <br />right to assign its rights to such reimbursement to another person <br />or entity at any time. <br />8. Term. City will cease collecting fees and the Developer <br />will not be entitled to further reimbursement under this Agreement <br />after December 15, 2002. <br />9. Disputes. Disputes arising as to this Agreement or as to <br />connections or charges shall be resolved by the City Manager. Any <br />appeal from his or her decision shall be in writing addressed to <br />the City Council. Final Council action shall be required before <br />any suit is commenced in Superior Court based on this Agreement. <br />The prevailing party in any action/proceeding commenced in Superior <br />Court hereunder shall be entitled to recover its reasonable <br />attorneys' fees, in addition to any other relief to which such <br />party may be entitled. <br />10. Enforcement. City shall use its best efforts to prevent <br />other landowners within the Benefit Area from connecting to the <br />Improvements without paying the reimbursement fee provided for <br />herein, and shall not issue necessary permits, licenses or consents <br />for such connections without payment of the fees herein provided. <br />If, despite, City's good faith efforts to prevent same, connections <br />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 <br />be responsible for payment of the amount which would have been paid <br />to Developer, provided that Developer shall be entitled, and is <br />hereby authorized by City to pursue collection of such fees by <br />means of private right of action, or any other lawful means, <br />against the party using the Improvements without payment of the <br />required fees. City agrees to participate in and to cooperate with <br />and assist Developer in any such action, upon request of Developer, <br />if such participation and cooperation is required to enforce <br />Developer's collection rights hereunder. In that event, Developer <br />will indemnify City from any claim over from any third party <br />against the City. <br />written. <br />AT ST: <br />Peg zid City Clerk <br />APPROVED AS TO FORM: <br />f {' ~~r/ <br />~~~ ~~~ <br />Michael H. Roush, <br />City Attorney <br />THIS AGREEMENT is executed as of the date and year first above <br />CITY OF PLEASANTON <br />By "~~.~ta~. <br />Deborah Acosta, City Manager <br />\ ~.___ <br />'~ Developers j <br />. . <br />~~ Silicon Va~~c~~~-~$a <br />~--~~ <br />B~ <br />William M. Nicholas-- --- <br />Senior Vice President <br />wntrscts1tr6339.rei 3 <br />