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9. Time and Manner of Disbur'sement. <br /> <br /> a. Disbursement by City to Developers shall be made <br /> within sixty (60) days of date of collection of any <br /> reimbursement fee. <br /> <br /> b. The right to reimbursement shall be personal to the <br /> entities which originally paid for oversizing costs and shall <br /> continue notwithstanding subsequent sale or transfer of the <br /> property developed. <br /> <br /> c. Reimbursements due to DKB/Shelter Capital shall be <br /> made payable to Davidson, Kavanagh and Brezzo, the managing <br /> general partner and mailed to: <br /> <br /> Davidson, Kavanagh and Brezzo <br /> 90 East Gish Road, Suite 3A <br /> San Jose, CA 95112-4897 <br /> <br /> d. Reimbursements due to Corrie/Gentry shall be made <br /> payable to Sid Corrie and mailed to: <br /> <br /> Sid Corrie <br /> 156 Diablo Road <br /> Danville, CA 94526 <br /> <br /> e. Reimbursements due to Shea Homes shall be made <br /> payable to Shea Homes and mailed to: <br /> <br /> Shea Homes <br /> 1210 South Bascom Avenue, Suite 124 <br /> San Jose, CA 95128 <br /> <br /> 10. Term. City will cease collecting these oversizing fees <br />and the Developers will not be entitled to further reimbursement <br />under this agreement after December 31, 1995. <br /> <br /> 11. Disputes. Disputes arising as to this agreement or as <br />to connections or charges shall be resolved by the City Manager. <br />Any appeal from his decision shall be in writing addressed to the <br />City Council. Final Council action shall be required before any <br />suit is commenced in Superior Court based on this Agreement. <br /> <br /> 12. Enforcement. City shall use its best efforts to prevent <br />other landowners within the total area of benefit from connecting <br />to said improvements without paying the connection fee provided <br />for herein. However, if for some reason connections to the <br />improvements should occur without the payment of the necessary <br />fee, City shall not be responsible for payment of the amount <br />which would have been paid to Developers. <br /> <br /> <br />