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City's Board of Adjustment for a hearing and resolution pursuant <br />to Section 2-25.12 of the Ordinance. <br />Section 6. Acknowledgment of Compliance. <br /> <br /> The Developer hereby avers that from the date of approval <br />of the Project to the execution of this agreement, all tenant <br />provisions of the Ordinance have been complied with and, after <br />execution of this agreement, the Developer promises to abide <br />by all the obligations and requirements of the Ordinance and <br />Tentative Tract 5168 as they relate to the Project. <br />Section 7. Attorneys' Fees. <br /> <br /> In the event any party to this agreement brings an action <br />or proceeding against any other, the prevailing party shall <br />be entitled to its costs and exDenses of suit, including, but <br />not limited to, reasonable attorneys' fees. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this <br />agreement the date and year first above written. <br /> <br />Theodore R. Vinther <br /> <br />Mary A. Vinther <br /> <br />CITY OF PLEASANTON <br /> <br />ATTEST: <br /> <br />By <br /> Kenneth R. Mercer, Mayor <br /> <br />James R. Walker, City Clerk <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald, City Attorney <br /> <br />-6- <br /> <br /> <br />