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<br />Upon such occurrence, the actual timing for the submittal of plans, commencement of <br />work, and completion of the Improvements shall be determined by the Director of <br />Planning and Community Development or the City Engineer. <br /> <br />2. Owner shall pay all costs related to the design and construction of the Improvements. <br /> <br />3. In addition to other remedies allowed by law, the performance of the obligation <br />contained herein is secured by the property described in Exhibit "A". In the event <br />Owner should default on any obligation contained herein, City may complete the <br />Improvements and place a lien against the Owner's property for the amount of the <br />cost of the Improvements, and related expenses. <br /> <br />4. If City commences a successful action against Owner arising out of or in connection <br />with this Agreement, City shall be entitled to have and recover reasonable attorney's <br />fees and costs of suit. <br /> <br />5. Any notice of communication required or provided for under this Agreement shall be <br />given in writing and sent by U.S. mail, correct postage affixed, addressed as follows: <br /> <br />Owner: <br /> <br />Rick Hempy <br />351 Virginia Way <br />Pleasanton, CA 94588 <br /> <br />City: <br /> <br />City of Pleasant on <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: City Manager <br /> <br />Any notification required to be made by the City may also be sent to the party shown <br />as the property owner on the latest equalized assessor's roll. Any party or successor <br />in interest may change the foregoing address by giving notice of a new address to the <br />other parties in the manner herein provided. Notice shall be considered received two <br />(2) days after time of mailing. <br /> <br />6. This Agreement shall run with the land and be binding upon any and all heirs, assigns <br />and successors in interest of Owner having an interest in the property described in <br />Exhibit "A". <br /> <br />7. This Agreement shall be recorded in the office ofthe County Recorder of Alameda <br />County. <br /> <br />8. City shall execute and deliver to Owner upon completion of the Improvements, upon <br />Owner's request, a quitclaim deed or other legal instrument, in recordable form, <br />which removes this Agreement from the title to the property described in Exhibit "A". <br /> <br />2 <br />