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6.C. - Page 50 of 111 <br />successors to expressly assume the obligations herein in a form reasonably acceptable <br />to the City Attorney. Upon such successor assuming all obligations and agreeing to be <br />bound by this Agreement, such party shall constitute the "Developer" hereunder and all <br />predecessors -in -interest to such party shall be fully relieved of the obligations hereunder <br />and shall have no liability for any default or failure to perform occurring from and after the <br />date of such assignment and assumption. <br />21. Release of Agreement. In the event that City determines that the stormwater <br />treatment measure(s) located on the Property are no longer required, then City, at the <br />request of Property Owner will execute a release of this Agreement, which Property Owner <br />will record in the County Recorder's Office at Property Owner's expense. City reserves the <br />option to record such release of this Agreement. The stormwater treatment measure(s) will <br />not be removed from the Property unless such a release is so executed and recorded. <br />22. Attorne s' Pees. Should any legal action be brought by either party because <br />of breach of this Agreement or to enforce any provision of this Agreement, the prevailing <br />party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs <br />as may be determined by the court. <br />23. Effective Date and Modification. This Agreement is effective upon the date <br />of execution as stated at the beginning of this Agreement. This Agreement will not be <br />modified except by written instrument executed by City and Property Owner at the time <br />of modification. Such modifications will be effective upon the date of execution and will <br />be recorded. <br />REV: 02-20-2020 PR <br />[Signature Page Follows] <br />ATTYIAGR.2020.035IPremia 1180 Main Owner, LLC (Page 7 of 18) 77 <br />