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6.M. - Page 10 of 21 <br />expense. This Agreement binds the assigns and successors -in -interest of Property Owner. <br />City and its successors and assigns, in the event of any breach of this Agreement, will have <br />the right to exercise all of the rights and remedies, and to maintain any actions at law or <br />suits in equity or other proper proceedings against Property Owner or its permitted <br />successors and assigns to enforce the curing of such breach_ <br />20. Assignment b Pro e Owner. Property Owner may assign its obligations <br />under this Agreement only with City's prior written approval. In connection with any such <br />assignment, Property Owner and its assignee will execute and deliver to City a written <br />assignment and assumption agreement in a form reasonably acceptable to the City <br />Attorney. <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. Aftomeys' Fees. 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: 08-12-20 PR <br />[Signature Page Follows] <br />ATTYIAGR.2020.1361Heron Court Cooperative Inc. (Page 7 of 16) <br />105 <br />