RES 97147 - Laserfiche WebLink

any Remaining Reimbursement Fees or the collection from Developer of any outstanding reimbursement owed by Developer. 11. Disputes. Disputes arising as to this Restated Reimt~ursement Agreement or as to payment or reimbursement shall be resolved by the City Manager. Any appeal from the City Manager's decision shall be in writing addressed to the City Council. Final City Council action shall be required before any suit is commenced in Superior Court based on this Restated Reimbursement Agreement unless City Council fails to act on Developers appeal within a reasonable time. The prevailing party in any action or proceeding hereunder shall be entitled to recover its reasonable attorneys' fees, in addition to any other relief to which such party may be entitled. 12. Scope of Restated Reimbursement Aqreement. This Restated Reimbursement Agreement covers only those Traffic Mitigation Measures as detailed in the TJKM Traffic Impact Study, dated May 1990. As a condition of approval of the PUD modification, Developer is required to prepare a traffic study prior to each phase of the project (after the first phase) being reviewed by the City. Nothing provided in this Restated Reimbursement Agreement is intended to limit or prevent the City. from requiring Developer to be responsible for additional traffic mitigation measures based on the further traffic studies which City has the authority to require under the PUD. 13. Riqht to .Assi.qn Obliqations. In the event of a sale or other transfer of the Property or portion thereof. Developer shall have the right to assign or transfer its obligations under this Restated Reimbursement Agreement upon the same terms and conditions as would govern the assignment of obligations under its Development Agreement as set forth in Sections 8.1 and 8.2 of that Agreement. (AGREEMENTS~SRIDG1 CL.SAM) 11