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• <br />The prevailing party in any action/proceeding commenced in <br />Superior Court hereunder shall be entitled to recover its <br />reasonable attorneys' fees, in addition to any other relief to <br />which such party may be entitled. <br />10. Enforcement. City shall use its best efforts to <br />prevent landowners within the Benefit Area from connecting to or <br />using the Improvements without paying the reimbursement fee <br />provided for herein, and shall not issue necessary permits, <br />licenses or consents for such connections without payment of the <br />fees herein provided. If, despite, City's good faith efforts to <br />prevent same, connections to or use of the Improvements by new <br />development in the Benefit Area should occur without payment of <br />the necessary fee, City shall not be responsible for payment of <br />the amount which would have been paid to Developer, provided that <br />Developer shall be entitled to collect, and is hereby authorized <br />by City to pursue collection of, such fees in its name and by <br />means of private right of action, or any other lawful means, <br />against the party using the Improvements without payment of the <br />required fees. City shall participate. in and cooperate with and <br />assist Developer in any such action, upon request of Developer, <br />if such participation and cooperation is required to enforce <br />Developer's collection rights hereunder. It that event, <br />Developer will indemnify City from any claim or from any third <br />party against the City. <br />THIS AGREEMENT is executed as of the date and year first <br />above written. <br />CITY OF PLEASANTON <br />APPROVED AS TO FORM: <br />~, <br />Michael H. Roush, City Attorney <br />By <br />Deborah Acosta, City Manage <br />ATTEST: <br />.. <br />.,/~!/ / .~ ~~t/ 1y mfr, <br />Peg ~ z~~d o , C y Clerk" <br />DEVELOPER <br />~l; <br />~,, ~, <br />By L~-~'~~1. <br />ichael L. Toohey,, resident <br />The Donald L. Bre' Company <br />4 <br />