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Reimbursement Agreement bet. .i City and Standard Pacific Corporation re: C :n Villages <br />Page 3 of 3 <br />13. Enforcement. The City shall use good faith efforts to prevent property owners <br />within the Benefit Area from utilizing the Improvements without paying the Reimbursable Fees, <br />and to not issue necessary permits, licenses, nor consent for such use without payment of the <br />required Reimbursable Fees, subject to the understanding that those properties in the Benefit <br />Area that have already subdivided or been issued a building permit prior to September 1, 2003 <br />shall not be subject to the Reimbursable Fee. <br />If, despite the City's efforts, use of the Improvement by new or existing owners in the Benefit <br />Area should occur without payment of the required Reimbursable Fee, City shall not be <br />responsible for payment of the amount that would have been paid to Developer. Developer shall <br />be entitled, and is hereby authorized by the City, to pursue collection of the Reimbursable Fee by <br />means of a private right of action or any other lawful means, against an owner or the party using <br />the Improvements without payment of the Reimbursable Fees, if this initially occurs after the <br />date of execution of this Agreement. Only in such case does City agree to cooperate with <br />Developer in such action, upon request of Developer. <br />Section 12. Indemnity. <br />Developer shall indemnify, hold harmless and defend the City, its officials, employees and <br />agents from any claims regarding the collection of the Reimbursable Fee pursuant to this <br />Agreement. <br />Section 13. Counterparts and Exhibits. <br />This Agreement is executed in three (3) duplicate counterparts, each of which is deemed to be an <br />original. This Agreement and its Exhibits constitute the entire understanding and agreement of <br />the parties. This Agreement and Exhibits integrate all of the terms and constitute the entire <br />understanding of the parties with respect to the subject matter. All prior written agreements, <br />understandings, representations, and statements are superseded by this Agreement. <br />THIS AGREEMENT is executed as of the date and year first above written. <br />CITY OF PLEAS T N <br />By: <br />Nelson Fialho, ity anager <br />STANDARD PACIFIC OF NORTHERN <br />CALIFORNIA <br />ATTEST: <br />a G. Abrah son, ity Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />