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2. Failure to Pay Fees. If Developer fails to pay the deferred fees within 60 <br />days of the issuance of a building permit, Developer shall comply with any Stop Work <br />Order issued by the City's Building Department. Developer shall not occupy the <br />Property until the deferred fees are paid. <br />3. Attorneys' Fees. The prevailing party in any action brought to enforce or <br />construe the terms of this Agreement may recover from the other party its reasonable <br />costs and attorneys' fees (including in-house legal costs) expended in connection with <br />such an action. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as <br />of the date first hereinabove written. <br />DEVELOPER: Jude Investment Enterprises, <br />LLC <br />By: <br />Titl . ~~.~~ <br />CITY OF PLEASANTON <br />I <br />eborah Acosta McKeehan, City Manager <br />ATTEST: <br />~~ <br />G. Abrah son, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />Deferred Payment Agreement -Page 2 of 2 <br />