11 ATTACHMENTS - Laserfiche WebLink

Section 10. Time and Manner of Disbursement. Disbursement of Reimbursement Fees collected by City pursuant to this Agreement shall be made to Developer within sixty (60) days of the collection thereof. The right to the Reimbursement Fees shall be personal to Developer and shall continue notwithstanding the subsequent sale or transfer of the Property. Developer shall have the right, in its sole discretion, to assign its interest to the Reimbursement Fees to another person or entity at ay time by providing City written notice of such assignment. Developer hereby directs that any Reimbursement Fees due to Developer pursuant to this Agreement shall be payable to Ponderosa Homes and mailed to: Ponderosa Homes 6671 Owens Drive Pleasanton, CA 94566 Developer may change the payee and/or address of payments by notice in writing to City, such notice to be effective upon receipt by City. Section 11. Term. Ten years after the date of this Agreement, City shall cease collecting Reimbursement Fees and Developer shall not be entitled to the receipt of any further Reimbursement Fees pursuant to this Agreement. Section 12. Amendments. Any amendment, modification, suspension or cancellation of this Agreement must be in writing, signed by the appropriate authorities for City and Developer. Section 13. Disputes. Disputes arising under this Agreement shall be filed with the City Manager, who shall be authorized to resolve such disputes. Any decision made by the City Manager with respect to this Agreement maybe appealed to the City Council. Any such appeal to the City Council must be in writing and addressed to the City Council. Final action of the City Council shall be required. Final action of the City Council shall be required before legal action pursuant to this Agreement maybe instituted. Notwithstanding the foregoing, either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the parties hereto. In such event, the prevailing party shall be entitled to its attorneys' fees and costs, if any, in addition to any other relief to which such party maybe entitled.