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expenses incurred by the City in the performance of such <br />maintenance. .The City's remedy provided in this paragraph <br />shall be in addition to any other rights and remedies the <br />City may have at law or in equity. <br /> <br /> If any maintenance, repair, or replacement of <br />landscaping or soundwall under this agreement is required to <br />correct a condition which the City Engineer deems to be a <br />public safety or health hazard and such maintenance is not <br />performed, or cannot be performed, by the Association <br />immediately, the City may perform or cause to be performed <br />such maintenance. In such event, the City's performance of <br />such maintenance shall be at the Association's sole expense <br />and the Association, upon demand by the City, shall pay to <br />the City all reasonable expenses incurred by the City in the <br />performance of such maintenance. <br /> <br /> 6. Term. This agreement shall terminate on <br />December 31, 2019 and may be extended by periods of ten (10) <br />years thereafter by action of the City Council or may be <br />terminated by the mutual agreement of the parties hereto. <br /> <br /> 7. Notices. Any notices required by or in furtherance <br />of this agreement shall be given in writing by personal <br />delivery or by United States mail and shall be deemed <br />communicated when received. Notices shall be addressed as <br />set forth below, but either party may change its address by <br />giving written notice thereof to the other in accordance with <br />the provisions of this article. <br /> <br /> TO CITY: City Manager <br /> City Attorney <br /> P. O. Box 520 <br /> Pleasanton CA 94566 <br /> <br /> TO ASSOCIATION: Gables Homeowners Association <br /> 7305-7487 Stonedale Drive <br /> Pleasanton CA 94566 <br /> <br /> 8. Attorney's Fees. In the event suit is brought to <br />enforce or interpret any part of this agreement, the <br />prevailing party shall be entitled to recover reasonable <br />attorney's fees and costs. The "prevailing party" shall be <br />the party who is entitled to recover costs of suit, whether <br />or not the suit proceeds to final judgment. A party not <br />entitled to recover his costs shall not recover attorney's <br />fees. No sum for attorney's fees shall be counted in <br />calculating the amount of a judgment for purposes of <br />determining whether a party is entitled to recover his costs <br />or attorney's fees. <br /> <br /> -3- <br /> <br /> <br />