SAFEWAY COST REIMBURSEMENT 1999 - Laserfiche WebLink

~ ~ subdivision map or parcel map for buildable lots or upon the issuance of a building permit for any development of or addition to one of the Benefited Properties. Section 10. Distribution of Fees. The Reimbursement Fees collected by the City pursuant to this Agreement shall be distributed in a ratio of ninety percent (90%) to Developer and ten percent (10%) to City. The percentage allocated to City is based upon the cost of administration of this Agreement and is sufficient to compensate City for all of its costs and expenses in connection thereof. Section 11. Time and Manner of Disbursement. (a) Disbursement of Reimbursement Fees collected by the City pursuant to this Agreement shall be made to Developer within sixty (60) days of the collection thereof. (b) 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 any time by providing the City written notice of such assignment. (c) Developer hereby directs that any Reimbursement Fee due to Developer pursuant to this Agreement shall be payable to Safeway, Inc. and mailed to: Safeway Inc. 5918 Stoneridge Mall Road Pleasanton, CA 94588 Attn: Real Estate Law Section 12. Term. Fifteen (15) years after the date of the recordation of a Certificate of Completion for the Improvements, the 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 13. Amendments. Any amendment, modification, suspension or cancellation of this Agreement must be in writing, signed by the appropriate authorities for City and Developer, in a form suitable for recording in the office of the Recorder of Alameda County, California. Section 14. 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 may be appealed to the City Council. Any such appeal to the City Council must be 4