Laserfiche WebLink
~ M <br />c. Recipient of Reimbursement Fees. Developer hereby <br />directs that Reimbursement Fees due to Developer shall be mailed to: <br />Crocker Properties, Inc. <br />c/o Wells Fargo Bank, N.A. <br />111 Sutter Street, 22nd Floor <br />San Francisco, CA 94163 <br />Attn: Mr. David Nelson, Senior Vice President <br />Developer may change the recipient and/or address of payments by notice in writing to <br />City, such notice to be effective upon receipt by City. <br />9. Payments From Noncontributin4 Proiects. If Developer <br />receives any monies ("Additional Projects Reimbursements") from any projects other <br />than Contributing Projects to pay Traffic Mitigation Improvements Costs, Developer <br />shall pay the Additional Projects Reimbursements to City as an additional Capital <br />Improvements Impact Fee under the Development Agreement between Developer and <br />City. <br />10. Term: Extension. <br />a. Term. The term ("Initial Term") of this Restated <br />Reimbursement Agreement shall commence on the date this Restated Reimbursement <br />Agreement is entered into and shall continue in full force and effect until the Expiration <br />Date. <br />b. Extension of Term. City shall extend the Initial Term of this <br />Restated Reimbursement Agreement if, at the Expiration Date, either (i) there are any <br />uncollected and/or undisbursed Reimbursement Fees ("Remaining Reimbursement <br />Fees") which have not been paid to Developer or its assigns, or (ii) one or more of the <br />Contributing Projects has been developed before Developer's Project and there is an <br />outstanding reimbursement owed by Developer pursuant to Section 7 above. Any such <br />extension hereunder shall only be for the purpose of providing payment to Developer of <br />any Remaining Reimbursement Fees or the collection from Developer of any <br />outstanding reimbursement owed by Developer. <br />11. Disputes. Disputes arising as to this Restated Reimbursement <br />Agreement or as to payment or reimbursement shall be resolved by the City Manager. <br />Any appeal from the City Manager's decision shall be in writing addressed to the City <br />Council. Final City Council action shall be required before any suit is commenced in <br />Superior Court based on this Restated Reimbursement Agreement unless City Council <br />fails to act on Developer's appeal within a reasonable time. The prevailing party in any <br />action or proceeding hereunder shall be entitled to recover its reasonable attorneys' <br />fees, in addition to any other relief to which such party may be entitled. <br />(AGREEMENTS\SRIDG1 CL.SAM) 1() <br />