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City Council. Final Council action shall be required before any suit is commenced in Superior Court based on this Agreement. The prevailing party in any action or proceeding hereunder shall be entitled to recover its reasonable attorneys' fees, in addition to any other relief to which such party may be entitled. 12. Enforcement. City shall use its best efforts to prevent other landowners within the Benefit Area from connecting to the Improvements without paying the reimbursement fee provided for herein, and shall not issue necessary permits, licenses or consents for such connections without payment of the fees herein provided. If, despite City's good faith efforts to prevent same, connections to or use of the Improvements by new units in the Benefit Area should occur without payment of the necessary fee, City shall not be responsible for payment of the amount which would have been paid to Developer, provided that Developer shall be entitled, and is hereby authorized by City, to pursue collection of such fees by means of private right of action, or any other lawful means, against the party using the Improvements without payment of the required fees. City agrees to participate in and to cooperate with and assist Developer in any such action, upon request of Developer, if such participation and cooperation is required to enforce Developer's collection rights hereunder. In that event, Developer will indemnify City from any claim over from any third party against the City. THIS AGREEMENT is executed as of the date and year first above written. ATTEST: Q Peg dro, ity Clerk CITY OF PLEASANTON By: Deborah Acosta, City Manage APPROVED AS TO FORM: /' II ~'~t~l.~`l~ Michael H. Roush City Attorney (pancal.agt) DEVELOPER: Forest Hill 89, a California Limited Partnership By: David Chui Its Authorized Agent - 4 -