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be made to Developer within sixty (60) days of the collection thereof. For fees already collected for <br /> reimbursement of the Improvements, said disbursement shall be made upon completion of said work <br /> to the satisfaction of the City Engineer. <br /> The right to the Reimbursement Fees shall be personal to Developer and shall continue <br /> notwithstanding the subsequent sale or transfer of the Property. Developer shall have the right, <br /> in its sole discretion, to assign its interest to the Reimbursement Fees to another person or entity <br /> at any time by providing City written notice of such assignment. <br /> Developer hereby directs that any Reimbursement Fees due to Developer pursuant to this <br /> Agreement shall be payable to Ponderosa Homes 11, Inc. and mailed to: <br /> Ponderosa Homes II, Inc. <br /> 6130 Stoneridge Mall Rd., Ste. 185 <br /> Pleasanton, CA 94588 <br /> Developer may change the payee and/or address of payments by notice in writing to City, <br /> such notice to be effective upon receipt by City. <br /> Section 11. Term. <br /> Ten years after the date of this Agreement, City shall cease collecting Reimbursement <br /> Fees and Developer shall not be entitled to the receipt of any further Reimbursement Fees <br /> pursuant to this Agreement. <br /> Section 12. Amendments. <br /> Any amendment, modification, suspension or cancellation of this Agreement must be in <br /> writing, signed by the appropriate authorities for City and Developer. <br /> Section 13. Disputes. <br /> Disputes arising under this Agreement shall be filed with the City Manager, who shall be <br /> authorized to resolve such disputes. Any decision made by the City Manager with respect to this <br /> Agreement may be appealed to the City Council. Any such appeal to the City Council must be <br /> in writing and addressed to the City Council. Final action of the City Council shall be required. <br /> Final action of the City Council shall be required before legal action pursuant to this Agreement <br /> may be instituted. Notwithstanding the foregoing, either party may, in addition to any other <br /> rights or remedies, institute legal action to cure, correct or remedy any default, enforce any <br /> covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific <br /> performance the obligations and rights of the parties hereto. In such event,the prevailing party <br /> shall be entitled to its attorney's fees and costs, if any, in addition to any other relief to which <br /> such party may be entitled. <br /> Section 14.Applicable Law. <br /> The laws of the State of California shall govern the interpretation and enforcement of this <br /> Agreement. <br /> 3 <br />