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shall have the right to assign its rights to such <br /> reimbursement to another person or entity at any time. <br /> <br /> c. Developer hereby directs that reimbursement <br />due to Developer shall be payable to "Heritage Gardens Joint <br />Venture". <br /> Heritage Gardens Joint Venture may change the <br />payee and/or address of payments by notice in writing to <br />City, such notice to be effective upon receipt by City. <br /> <br /> 8. Disputes. Disputes arising as to this Agreement or <br />as to connections or charges shall be resolved by the City <br />Manager. Any appeal from his decision shall be in writing <br />addressed to the City Council. Final Council action shall be <br />required before any suit is commenced in Superior Court <br />based on this Agreement. The prevailing party in any action <br />or proceeding hereunder shall be entitled to recover its <br />reasonable attorneys' fees, in addition to any other relief <br />to which such party may be entitled. <br /> <br /> T~IS AGREEMENT is executed as of the date and year first <br />above written. <br /> <br />ATTEST: CITY OF PT~ASANTON <br /> <br /> By <br />James R. Walker, City Clerk Kenneth R. Mercer, Mayor <br /> <br />APPROVED AS TO FORM: <br /> <br />Michael H. Roush <br />City Attorney <br /> DEVELOPER: <br /> <br /> FRRITAGE GARDENS JOINT VENTURE <br /> <br /> By <br /> Its Authorized Agent <br /> <br /> -3- <br /> <br /> <br />