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10. Disputes: Disputes arising out of this Agreement shall be resolved by the City <br />Manager. Any appeal of the City Manager's decision shall be in writing addressed to the City <br />Council. Final City Council action shall be required prior to the filing of any lawsuit. In any <br />lawsuit filed concerning this Agreement, the prevailing party shall recover all reasonable <br />attorney's fees and costs, in addition to any other relief to which such party maybe entitled. <br />11. Enforcement: City shall use its best and good faith efforts to prevent the property <br />owners within the Benefit Area from using or connecting to the Improvements without paying <br />their share of the Vineyard Avenue Fees provided for herein, and City shall not issue necessary <br />permits or licenses, or consent to such use or connections without receipt of such Vineyard <br />Avenue Fees. If City fails to collect Vineyard Avenue Fees for reasons unrelated to a challenge <br />or protest to such Vineyard Avenue Fees, City shall have the obligation to pay to Owners the <br />amount of Vineyard Avenue Fees that the City should have collected; provided, however, that <br />City shall not be obligated to pay to Owners any portion of the Vineyard Avenue Fees that are <br />successfully challenged by any property owner within the Benefit Area. <br />THIS AGREEMENT is executed as of the date and year first above written. <br />CITY OF PLEASANTON <br />_- ~ . <br />By• , <br />Deborah Acosta <br />City Manager <br />ATTEST: <br />~ j <br />Pegg 'dro, Cit Jerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />00180002/172963-4 <br />t <br />By `'--~ <br />~ ily Chang <br />_.. _ <br />Chao Wu <br />-3- <br />