RES 88398 - Laserfiche WebLink

tion and is equal to five percent (5%) of the actual costs of the Improvements. 9. Time and Manner of Disbursement. a. Disbursement by City to Developer shall be made within sixty (60) days of the date of collection of any reimbursement fee. b. The right to reimbursement shall be personal to Developer and shall continue notwithstanding subsequent sale or transfer of the Property; provided that Developer shall have the right to assign its rights to such reimburse- ment to another person or entity at any time. c. Developer hereby directs that reimbursement due to Developer shall be payable to "J. L. Construction" and mailed to: J. L. Construction c/o Lewis Silverberg, Esq. Fredman, Silverberg & Lewis, Inc. 3252 Fifth Avenue San Diego, CA 92103-5772 J. L. Construction may change the payee and/or address of payments by notice in writing to City, such notice to be effective upon receipt by City. 10. Condemnation of Additional Right-of-Way. a. In conjunction with the redevelopment of a portion of Dublin Canyon Road, the City will exercise its power of eminent domain to acquire approximately 27,136 square feet of land from the Kolb property (Exhibit H). b. Developers will reimburse the City for the costs of said condemnation, including land costs and transaction costs, in accordance with Exhibit I. c', The costs of said condemnation, including land costs and transaction costs, shall be reimbursable to Developer in the same manner and extent as other Improvements listed on Exhibit A. 11. Term. City will cease collecting fees and the Developer will not be entitled to further reimbursement under this Agreement after July 19, 1998. 12. Disputes. Disputes arisirrg as to this Agreement or as to connections or charges shall be resolved by the City Manager. Any appeal from his decision shall be in writing addressed to the City Council. Final Council action shall be required before any suit is commenced in Superior Court based 4