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5. Time and Manner of Disbursement. <br /> <br /> a. Disbursement by City to developer shall be made within sixty <br /> (60) days of date of collection of any reimbursement fee. <br /> <br /> b. The right to reimbursement shall be personal to the entities <br /> which originally paid for construction costs and shall continue <br /> notwithstanding subsequent sale or transfer of the property <br /> developed. <br /> <br /> c. Reimbursement due owners shall be made payable to <br /> Frank Auf der Maur and Konrad Rickenbach and mailed to: <br /> <br /> Frank Auf der Maur et al. <br /> P. O. Box 548 <br /> Pleasanton, CA 94566 <br /> <br />6. Term. City will cease collecting these construction costs and the <br />Developer will not be entitled to further reimbursement under this <br />agreement after December 31, 1988. <br /> <br />7. Disputes. Disputes arising as to this agreement or as to <br />connections or charges shall be resolved by the City Manager. Any <br />appeal from his decision shall be in writing addressed to the City <br />Council. Final Council action shall be required before any suit is <br />commenced in Superior Court based on this Agreement. <br /> <br />8. Enforcement. City shall use its best efforts to prevent other <br />landowners within the total area of benefit from subdividing or <br />building without paying the connection fee provided for herein. <br />However, if for some reason subdivision or building should occur <br />without the payment of the necessary fee, City shall not be <br />responsible for payment of the amount which would have been paid to <br />Developer. <br /> <br />exhareim/sm <br /> <br /> - 2 - <br /> <br /> <br />