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<br />Section 9. Time of Collection. <br />The City shall require the payment of the Reimbursement Fee as a condition of approval <br />of a tentative map, final parcel map, final subdivision map, or the issuance of a building permit <br />for any development of property within the Benefit Area. The City shall collect the <br />Reimbursement Fees at the time of approval of any final subdivision map or parcel map for <br />buildable lots or upon the issuance of a building permit for any development of property within <br />the Benefit Area. <br />Section 10. Distribution of Fees. <br />The Reimbursement Fees collected by the City pursuant to this Agreement shall be <br />distributed in the ratio of ninety five percent (95%) to Developer and five percent (5%) to City <br />(to compensate for City administration and overhead costs). <br />Section 11. Time and Manner of Disbursement. <br />The Reimbursement Fees collected by City pursuant to this Agreement shall be disbursed <br />to Developer within sixty (60) days of collection thereof. <br />The right to Reimbursement Fees shall be personal to Developer and shall continue <br />notwithstanding the subsequent sale or transfer of the Property. Developer shall have the right, <br />in its sole discretion, to assign its interest in the Reimbursement Fees to another person or entity <br />at any time by providing City notice of such assignment, which shall become effective upon <br />receipt by City. Disbursement shall be made to: <br />Braddock & Logan Group II, L.P. <br />P.O. Box 5300 <br />Danville, CA 94526 <br />Section 12. Condemnation of Site of Improvements. <br />If City is required to condemn any of the property upon which any of the Improvements <br />are constructed, Developer shall reimburse City for all costs of such condemnation, including <br />land costs and transaction costs, and attorneys' fees. The cost of such condemnation shall then be <br />reimbursable to Developer in the same manner and extent as the Improvements pursuant to this <br />Agreement, provided that these costs shall not be subject to review or reduction by the City <br />Engineer. <br />Section 13. Term. <br />Ten (10) years after the date of acceptance of the Improvements by the City Council, the <br />City shall cease collecting Reimbursement Fees and Developer shall not be entitled to the receipt <br />of any further Reimbursement Fees pursuant to this Agreement. <br />4 <br />