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tion and is equal to five percent (5~) of the actual costs of <br />the Improvements. <br />9. Time and Manner of Disbursement. <br />a. Disbursement by City to Developer shall be <br />made within sixty (60) days of the date of collection of any <br />reimbursement fee. <br />b. The right to reimbursement shall be personal <br />to Developer and shall continue notwithstanding subsequent <br />sale or transfer of the Property; provided that Developer <br />shall have the right to assign its rights to such reimburse- <br />ment to another person or entity at any time. <br />c. Developer hereby directs that reimbursement <br />due to Developer shall be payable to "J L Construction" and <br />mailed to: <br />J L Construction Company <br />c/o ~~y6~L~/~,i,l~~~~~~.~//~,~~y James L. Franklin <br />F~ma~; Si~verb~rg ~'_ ~~~, <br />~` -, ~, <br />3 52' i~t~ -A`~nue ~ _ ,~? ~;;~n'a rx~ <br />~rY`pi~gd',.;~CA 92143=5f1'~~ <br />J L Construction may change the payee and/or <br />address of payments by notice in writing to City, such notice <br />to be effective upon receipt by City. <br />10. Condemnation of Additional Right-of-Way. <br />a. In conjunction with the redevelopment of a <br />portion of Dublin Canyon Road, the City will exercise its <br />power of eminent domain to acquire approximately 27,136 <br />square feet of land from the Kolb property (Exhibit H). <br />b. Developers will reimburse the City for the <br />costs of said condemnation, including land costs and <br />transaction costs, in accordance with Exhibit I. <br />c. The costs of said condemnation, including land <br />costs and transaction costs, shall be reimbursable to <br />Developer in the same manner and extent as other Improvements <br />listed on Exhibit A. <br />11. Term. City will cease collecting fees and the <br />Developer will not be entitled to further reimbursement under <br />this Agreement after August 16, 1998. <br />12. Disputes. Disputes arising as to this Agreement or <br />as to connections or charges shall be resolved by the City <br />Manager. Any appeal from his decision shall be in writing <br />addressed to the City Council. Final Council action shall be <br />required before any suit is commenced in Superior Court based <br />4 <br />