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Exhibit A~ Within 60 days after completion of the job, <br />Developer shall submit actual costs of the construction work, <br />certified by an Accountant, to the City Engineer. <br />Thereafter, reimbursement fees shall be based upon actual <br />costs. <br /> <br /> 2. Ownership by City. Pursuant to the Subdivision <br />Agreement between City and Developer, ownership of said work <br />shall vest in the City, with Developer having the right to <br />connect or right to use said Improvements in accordance with <br />City regulation, and the right to reimbursement as provided <br />below. <br /> <br /> 3. Benefit Area. The area which will benefit from the <br />Improvements (the "Benefit Area") shall include those <br />properties described in Parcel Map 655. <br /> <br /> 4. Reimbursement Principle. Each property within the <br />Benefit Area shall be subject to payment of its fair share of <br />the Improvement costs in accordance with principles <br />consistent with reimbursement provisions in the Subdivision <br />Map Act (Government Code Section 66485 et seq). <br /> <br /> 5. Establishment of Fee. <br /> <br /> a. City shall collect a reimbursement fee for the <br />Improvements, calculated and adjusted as provided in <br />Paragraphs 1 and 4 of this Agreement. <br /> <br /> b. If City is unable to collect a reimbursement <br />fee for the improvements after City Council's acceptance, <br />City shall pay to Developer within ninety (90) days after <br />City Council's acceptance of the costs as described in <br />Paragraph lb. <br /> <br /> 6. Time of Collection. The City will require payment <br />from landowners in the Benefit Area. Reimbursement fees will <br />be required as a condition of tentative map approval and/or <br />zoning approval or prior written agreement. The City will <br />collect the reimbursement fees in conjunction with the <br />approval of'any final or parcel map for buildable lots or <br />upon issuance of a new building permit for any property <br />within the Benefit Area, or by prior written agreement, <br />whichever comes first. <br /> <br /> 7. Time and Manner of Disbursement. <br /> <br /> a. Disbursement by City to Developer shall be <br />made within sixty (60) days of the date of collection of any <br />reimbursement fee. <br /> <br /> b. The right to reimbursement shall be personal <br />to Developer and shall continue notwithstanding subsequent <br />sale or transfer of the Property; provided that Developer <br /> <br /> -2- <br /> <br /> <br />