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SECTION 5: REIMBURSEMENT. <br /> <br />a) Construction of City facilities. <br /> In the event that City in its best judgment determines tha <br /> developer must construct and finance facilities that are <br /> City's obligation then developer shall be reimbursed <br /> directly for the costs of such construction by consider- <br /> ing such costs to be in-lieu payment of the connection <br /> charges specified in Section 2, to the extent of such <br /> costs only. If developer's costs exceed the total con- <br /> nection charges due, then developer shall be reimbursed <br /> the excess amount in the manner prescribed in sub-paragrap <br /> b) hereof. <br /> <br />b) Oversizing. <br /> In the event that City in its best judgment determines <br /> that developer must construct and finance a larger in-trac <br /> perimeter or off-tract main extension than is necessary <br /> for his development alone, then developer shall be re- <br /> imbursed for the cost of the oversize annually out of the <br /> Water System Reimbursement Fund by reimbursement agreement <br /> with the City. Such agreement shall provide among other <br /> things that developers will share in the annual disburse- <br /> ment of funds from the Water System Reimbursement Fund <br /> in the same proportion as the total reimbursement due them <br /> as to the total City-wide reimbursements due to all <br /> developers having similar agreements. The term of said <br /> agreement shall not exceed seven years, and if full re- <br /> imbursement has not been made by such time the developer <br /> will not be entitled to further reimbursement under that <br /> agreement. The cost of the oversize shall be calculated <br /> by taking the difference in cost between what was in- <br /> stalled and what would have been required to serve <br /> developers property alone. Such costs shall be establishe <br /> from time to time by Resolution of the Council. <br /> <br />c) Perimeter mains. <br /> In the event that City in its best judgment determines <br /> that developer must construct and finance a perimeter main <br /> then developer shall be reimbursed annually out of the <br /> Water System Trust Fund by reimbursement agreement for <br /> one-half of the cost of the perimeter main. Such agree- <br /> ment shall provide among other things that reimbursement <br /> will be on the basis of the front footage of land that <br /> develops along the perimeter main in proportion to the <br /> total front footage of the perimeter main itself. The <br /> term of such agreement shall not exceed seven years and <br /> if full reimbursement has not been made by such time the <br /> developer will not be entitled to further reimbursement <br /> under that agreement. Provided further, however, that <br /> developer shall not be entitled to apply for or receive <br /> any reimbursement from front footage fees from land which <br /> cannot be served by his perimeter main as the result of <br /> some barrier such as a State freeway, railroad track, <br /> drainage canal or boundary line of the master water plan <br /> area. <br /> <br />d) Main Extens ions. <br /> In the event that developer must construct and ~inance <br /> an off-tract main extension, then developer shall be <br /> reimbursed annually out of the Water System Trust Fund by <br /> reimbursement agreement. Such agreement shall provide <br /> among other things that reimbursement will be on the basis <br /> <br /> - 4 - <br /> <br /> <br />