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` ~` <br />2. City shall reimburse Developer generally in accordance with the schedule <br />shown on EXHIBIT "B" pursuant to Ordinance No. 4bb. It is understood, <br />however, that City may vary from this schedule because of financial <br />limitations provided that full reimbursement shall be made to Developer <br />within ten (10) years from the date of this agreement. In the event <br />reimbursement is delayed beyond January 1, 1976, City agrees to pay <br />Developer interest at the rate of seven percent per annum on any re- <br />maining balance. <br />3. Disputes arising as to this agreement shall be resolved by the City <br />Manager. Any appeal from his decision shall be in writing addressed <br />to the City Council, Final Council action shall be required before any <br />suit is commenced in Superior Court based upon this agreement; provided <br />however, that the failure of the City Council to take final action upon <br />any such dispute within thirty days from the date of the appeal communi- <br />cation shall be deemed final Council action upholding the decision of the <br />City Manager. <br />4. The obligations of this agreement shall apply to and be binding upon all <br />successors in interest of the parties hereto including heirs, assigns, <br />executors and others. <br />the parties hereto. <br />DATED: <br />The benefits of this agreement shall be profit to <br />'~ F~BT~~`~ 1,111 <br />By <br />MAYOR <br />-~- <br />---~: _ <br />ATTEST: ,,~~ .-~' - ~ ~. DEVELOPER <br />_ A EY VESTORS <br />n `f ~ Partner <br />i~ i~• C. ~ By - - <br />APPROVED AS TQ k~~MJ?`_-~ Oliver lvl. Rousseau {Title) _ _ <br />. s ,- - <br />- President, North Central Construction Co. - <br />_ Partner <br />`; WILDiAM A• HI Sfi, City Attorney <br />~r~ <br />Date ~ 2 <br />r <br />~i , <br />c <br />~cxTY <br />