MCDONNELL, RICHARD - Laserfiche WebLink

by reference herein with each side of Vineyard Avenue sharing its one-half of the. cost of said water line. (b) City shall collect a combined front. foot age and area fee for said water main installed along said Vineyard Avenue pursuant to the calculations and engineering data set. forth on Exhibit "B" attached hereto and incorporated by reference herein and consistent with the per-lot assessment fees shown on Exhibit "C" attached hereto and incorporated by reference herein. (c) Reimbursement to developer shall be made by City from connection charges collected pursuant to this agreement. (d) Disbursement by City to Developer shall be made at least .annually. (e) Term of the mutual benefit district .shall be not more than seven years, and if full reimbursement has not been made by such time the Developer will not be entitled to further reimburse- ment under this agreement. (f) Interest shall be .added to the cost and collected by the City. The rate shall not exceed 7 percent. (g) Adjustments may be made in connection charges by the City. Engineer where the nature of the land of a connecting owner is unique and makes the connection charge inequitab le. (h) Disputes arising as to this agreement or as to con- nections or charges shall be resolved by the City Manager. Any appeal from his decision shall be in writing addressed to the City Council. Final .Council action shall be required before any suit is commenced in Superior Court based upon this agreement. 3. ENFORCEMENT. City shall enforce this agreement by the use of police power, and both parties are mindful of the limitations on the use of this power. City shall use its best effort to prevent other landowners within the total area of benefit from connecting to said improvements without paying the connection charge provided above. 4. BINDING ON SUCCESSORS. The obligations of this agreement shall apply to and be binding upon all successors in interest of the _3_