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(c) Owners agree that there shall be no <br /> Stanley Boulevard access from the remainder parcel. <br /> <br /> 4. Water Line. In conjunction with the construction of <br />Bernal Avenue, Owner will include a water line connection from <br />the water line in the existing Stanley Boulevard to the existing <br />water line in Bernal Avenue at Del Valle Parkway. This line <br />shall be of a size determined necessary by the Director of Public <br />Works for the City. However, the marginal cost of sizing the <br />water line larger than twelve inches shall be split equally by <br />City and Owner. City shall make payment after the water line has <br />been installed upon receipt of an invoice with cost verification. <br /> <br /> 5. Covenants to Run With the Land <br /> <br /> The provisions of this Agreement shall be binding upon the <br />parties hereto and upon their successors and assigns. This <br />Agreement shall be executed in recordable form and may be <br />recorded with the Alameda County Recorder's Office by any party <br />to this Agreement. <br /> <br /> 5. Attorney's Fees <br /> <br /> In the event of any controversy, claim or dispute relating to <br />this Agreement, between the parties hereto to enforce any of the <br />provisions of this Agreement or any right of either party hereto, <br />the prevailing party shall be entitled to recover reasonable <br />attorney's fees. "Prevailing Party" shall mean the party who <br />obtains substantially the relief sought by it in the action. <br /> <br /> - 7 - <br /> <br /> <br />