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,~ <br /> <br /> <br /> <br />3. Time and Manner of Disbursement. <br />a. Disbursement by City to Developer shall be made <br />within thir.TMy (30) days of the receipt of submitted actual costs <br />and approval by City Engineer. <br />b. The right to reimbursement shall be personal to <br />Developer and shall convinue notwithstanding subsequent sale or <br />transfer of the Property. Developer shay have the right to assign <br />its rights to such reimbursement to another. person or entity at any <br />time. <br />c. Developer hereby directs that reimbursement due to <br />Developer shall be payable to Division Street Victorians, a <br />California Limited Partnership. <br />4 . Disputes . Disputes arising as to this Agreement or as to <br />connections or charges shall be resolved by the City Manager. Any <br />appeal from his decision shall be in writing addressed to the City <br />Council. Final Council action shall be required before any suit is <br />commenced in Superior Court based on this Agreement. After the <br />City Council's action the prevailing party in any legal action or <br />proceeding hereunder shall be entitled to recover its reasonable <br />attorneys' fees, in addition to any other relief to which such <br />party may be entitled. <br />THIS AGREEMENT is executed as of the date and year first above <br />written. <br />ATTEST: CITY OF PLEASANTON <br />r <br />Peg zid , City C1Erk <br />APPROVED AS TO FORM: <br />{~~~~~~~ <br />Michael H. Roush, <br />City Attorney <br />Deborah Acosta, City Manager <br />DIVISIO STREET VICTORIANS <br />- ~~ ~ ~ <br />~ ._ <br />Its -A;u{thori'zed Agent <br />(reimb.tr) <br />