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12. Enforcement. City shall use its best efforts to prevent the property owners within <br />the Benefit Area from using or connecting to the Improvements without paying the <br />reimbursement provided for herein, and shall not issue necessary permits or licenses, or consent <br />to such use or connections without receipt of such reimbursement. If, despite City's efforts to <br />prevent same, the use of or connections to the Improvements occur without payment of the <br />necessary reimbursement, City shall not be responsible to pay Developer .the reimbursement <br />which would have been collected and paid to Developer, provided that Developer shall be <br />entitled, and is hereby authorized by City, to pursue collection of such reimbursement by means <br />of a private right of action, or any other lawful means, against the party using the Improvements <br />without payment of the required reimbursement. City shall participate in, cooperate with and <br />assist Developer in any such action, upon request of the Developer, if such participation and <br />cooperation is required to enforce Developer's collection rights hereunder. In that event, <br />Developer shall indemnify and hold the City harmless from any and all claims arising out of any <br />third party claims against the City. <br />THIS AGREEMENT is executed as of the date and year first above written. <br />CITY OF PLEASANTO <br />By: ` <br />Nelson Fi o <br />City Manager <br />ATTEST: <br />awn G. Abrah son, City Clerk <br />APPROVED AS TO FORM: <br />~. <br />Michael H. Roush, City Attorney <br />DEVELOPER: <br />RUBY HILL DEVELOPMENT JOINT <br />VENTURE, L.P., a California <br />limited partnership <br />By: SIGNATURE PROPERTIES I, <br />a California limited partnership, <br />its general partner <br />By: SIGNATURE PROPERTIES, INC., <br />a California corporation, its <br />general partner <br />B sident <br />~. . <br />(aj: mydocs\agrmts\vineyardavescurveagrmt1204) <br />Page 3 <br />