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• <br />shall have .the right to assign its rights to such <br />reimbursement to another person or entity at any time. <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 />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 />THIS AGREEMENT is executed as of the date and year first <br />above written. <br />ATTES <br />es R. Walker, City Clerk <br />APPROVED ASS` TO F,ORM~• <br />v~~~ <br />Michael H. Roush <br />City Attorney <br />CITY OF P ON <br />By ~~~ <br />Kenneth R. Mercer, Mayor <br />DEVELOPER: <br />-3- <br />GARDENS JOINT VENTURE <br />