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9.20.83 <br />C169-323 <br />AG92 <br /> <br />Thirty Thousand and no/100ths Dollars ($30,000.00) shall be <br />the sole responsibility of the City (assuming no assessment <br />district is formed). <br /> <br /> 5. Best Efforts by City. City shall use its <br />best efforts to make a timely application to the PUC for the <br />at-grade crossings and to obtain a favorable decision from <br />the PUC regarding construction of such crossings. <br /> <br /> 6. Attorneys' Fees. If either party commences <br /> an action against the other to enforce or interpret this <br /> agreement, the prevailing party shall be entitled to have <br /> and recover reasonable attorneys' fees and costs of suit <br /> from the party not prevailing. <br /> <br /> This agreement is entered into as of the day and <br /> year first above written. <br /> <br />CITY OF PLEASANTON, VALLEY BUSINESS ASSOCIATES, <br />a municipal corporation a California general <br /> partnership <br />By <br />Robert E. Butler, Mayor By <br /> <br />ATTEST: <br /> <br />James Ro Walker, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald, <br />City Attorney <br /> <br />By <br /> <br />SENTE ASSOCIATES SEVEN, <br />a California general <br />partnership <br /> <br />By <br /> <br />By <br /> <br />-5- <br /> <br /> <br />