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4he "Benefit Area" which is i~l existence on the date this <br /> Contract is approved by the City or which obtains a Building <br /> Permit from the County prior to being annexed to the City. <br /> <br /> c. Size of Reimbursement Fee. <br /> <br /> Reimbursement fees shall be based upon the calculations and <br />engineering data set forth in Exhibit "C" attached hereto. <br />Actual reimbursement will be adjusted to reflect actual project <br />construction costs. <br /> <br /> d. Disbursement to Developers. <br /> <br /> Disbursement of reimbursement fees to Developer shall be made <br />by City with ninety-five percent (95%) of monies so collected to <br />be paid to the Developer, according to the percentages set forth <br />in Exhibit "B", the remainder being retained by City to partially <br />offset the costs of administering this reimbursement agreement. <br />Disbursement by City to Developer shall be made within sixty (60) <br />days of date of collection of any reimbursement fee. <br /> <br /> e. Term <br /> <br /> Term of the Reimbursement District shall be not more than ten <br />(10) years, and if full reimbursement has not been made by such <br />time the Developer will not be entitled to further reimbursement <br />under this agreement. <br /> <br /> f. Dispute <br /> <br /> Disputes arising as to this agreement or as to connections or <br />charges shall be resolved by the City Manager. Any appeal from <br />his decision shall be in writing addressed to the City Council. <br />Final council action shall be required before any suit is <br />commenced in Superior Court based upon this agreement. <br /> <br /> 3. Enforcement. <br /> <br /> City shall use its best efforts to prevent other landowners <br />within the Benefit Area from connecting to said improvements <br />without paying the reimbursement fee provided for herein. <br />However, if for some reason connections to the project should <br />occur without the payment of the necessary fee, City shall not be <br />responsible for payment of the amount which would have been paid <br />to Developers. <br /> <br /> 4. Binding on Successors. <br /> <br /> The obligations and benefits of this Agreement shall apply to <br />and be binding upon all successors in interest in ownership of <br />the lands referred to herein. <br /> <br /> - 3 - <br /> <br /> <br />