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. ~ ~ <br />(a) Benefit area shall be those properties designated on <br />Exhibit "A" attached hereto and incorporated by reference herein with <br />each property bearing its proportionate share according to area as shown <br />on Exhibit "A", of the cost of said facilities. <br />(b) City shall collect a connection fee for use of said facilities <br />pursuant to the calculations set forth on Exhibit ".B" attached hereto and <br />incorporated by reference herein. An annual interest rate of 12 <br />percent shall be added to all connection charges collected pursuant to this <br />agreement. Said interest shall commence on Sept. 1, 1981 and shall be <br />prorated monthly. <br />(c) Reimbursement to Developer shall be made by City from <br />connectirn fees collected pursuant to this agreement as set forth on <br />Exhibit "g". A 5~ administration fee shall be added and retained by <br />City to partially offset the costs of administering this reimbursement <br />agreement. <br />(d) Disbursement by City to Developer shall be made within <br />60 days of date of collection of any reimbursement fee. <br />(e) Term of this reimbursement agreement shalt be not more than <br />15 years, and if full reimbursement has not been made by such time the <br />Developer will not be entitled to further reimbursement under this <br />agreement. <br />(f) Disputes arising as to this agreement or as to connections <br />or charges shall be resolved by the City Manager. Any appeal from his <br />decision shall be in writing addressed to the City Council. final Council <br />action shalt be required before any suit is commenced in Superior Court <br />based upon this agreement. <br />3. ENFORCEMENT. City shall use its best effort to prevent other <br />landowners within the total area of benefit from connecting to said <br />facilities without paying the connection fee provided for herein.- How- <br />ever, if for some reason connections to the facilities should occur <br />without the payment of the necessary fee, City shall not be responsible <br />for payment of the amount which would have been paid to Developer. <br />