MOLLER RANCH - REIMBURSEMENT AGMT - WATER RESERVOIR & PUMPING STATION

~ ~ or parcel map; issuance of a building permit (except for a building permit to replace a structure existing on the owner's property); or connection to the City's water system. City shall include payment of this reimbursement as a condition of approval of any tentative map for property within the Benefit Area. 9. City Administrative Fee. City shall retain a percentage of the reimbursement collected to cover the City's costs to administer this Agreement. The City's administrative costs shall be determined as follows: Total Amount of Reimbursement Citv Reimbursement Fee $1 - $100,000 5~ $100,001 - $500,000 $5,000 plus 3~S of amount over $100,000 $500,001 and more $17,000 plus 1$ of amount over $500,000 10. Time and Manner of Disbursement. City shall disburse to Developer the reimbursement collected within thirty (30) days of its receipt. The right to reimbursement shall be personal to Developer and shall continue notwithstanding Developer's subsequent sale or transfer of the Property. Developer shall have the right to assign its interest to such reimbursement to another person or entity at any time by providing City written notice of such assignment. Developer hereby directs that reimbursement due to Developer shall be payable to the Moller Ranch Associates L.P. and mailed to: Moller Ranch Associates L.P. c/o Boulevard Development, Inc. 856 N. Commerce Street Orange, California 92667 11. Term. City's obligation to collect and Developer's entitlement to receive reimbursement under this Agreement shall cease fifteen (15) years from the date of this Agreement or until the City collects the entire reimbursement, as adjusted, whichever occurs earlier. 12. Disputes. Disputes arising out of this Agreement shall be resolved by the City Manager. Any appeal of the City Manager's decision shall be in writing addressed to the City Council. Final Council action shall be required before any suit is filed. 13. Enforcement. City shall use its best efforts to prevent other property owners within the Benefit Area from using or connecting to the Improvements without paying the reimbursement provided for herein, and shall not issue necessary permits or licenses, or consent to such use or connections without receipt of such reimbursement. If, despite City's efforts to prevent. same, the use of or connections to the Improvements occur without payment of the necessary 3