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~• City shalt rei^1''~SC%:a$ i'~i~'vClvp~-"..r ~£Rer3lly ~L°c c1CCOrd3:aie~"., t?l.t~l ~he uCh~~C~u~° <br />shown on E~{ZBI'T "B" pursuant t~ Ordinance i,o. 466. Provided,.. however, <br />that in no event shall City reimburse Developer for any facilities prior <br />to the time that said facilities are campleted and accepted. by City. It <br />is understood further that City may vary from this schedule because of <br />financial iimita*ions provided that fu11 reimburse:;iant shall be made to <br />Developer within seven (7) ye~.rs`from the date of Lhs agreement.. Zn the <br />event reiribur~em2nt is delayed ceyo.~ad January. 1, 173, City .agrees to pay <br />• Developer interest at the rate of seven percent per annum on any remaining <br />balance. <br />3.. Disputes arising as to~*_his agreement shall be resolved by the Gity <br />Manager. Any appa_al from. his decision shall be in writing addressed. <br />to the City. Council. Final. Council action shall be required before any <br />suit is carnmenced in Superior Court based upon this..agreement; provide <br />however, that the ..failure of the City Council to ta~~e final action upon <br />any such dispute within thizty days from the date of the appeal. communi- <br />cation shall be deemedfinal.Councl action upholding the decision of the <br />City Zlanager. <br />4. The oblioatic~ns of this agreement sha11 apply to and be bindizi~ ?zpon all <br />successors in interest of theepartiQS herefo including hefrs, assigns, <br />executors and others. Thebe!.efits of this agreement shawl be profit to <br />_ .,.__ <br />the .parties hereto. >' r..: <br />r~ ~ "~ <br />DATED:: ~"~ CITY „O PLEAS~1TO~i <br />~, ~ _, <br />y- <br />.,'f t ~ ~ / <br />1~fAYGR <br />nTEST: _ MACKAY HOMES <br />Q DE~IELOPER <br />' PY~.I <br />_.._.. <br />Helen C. McCar. , ,~?,~~ <br />C~.ty` Clerk %~ ice-President <br />{Tlt 14) <br />