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;:. <br />~..~ <br /> <br />8. Citg wilt cease collecting fees ~d the Developer <br />will not be entitled to ft~thex reimbarseaaerit under this <br />egreentent after Jg*+ua_ry 2, 2003. <br />9. Di:»ut,~. Disputes arising as to this gg]Ceement or as <br />to aviinectior~ or charges shall be resolved by the City Manager. <br />Any appeal from hi.s/her d,eeision shall ]~e in writing addressed to <br />th,e City Council. Final Council action shall be required before <br />any suit is commenced in Superior Court based on this .Agreement. <br />~ pr~iiing party ~ any action/proa@eding cammaaeed in <br />b'aperior Court hereunder shaT' ba •entitled to recover its <br />reasonable attorney's fees, in. addition to any other relief to <br />which such party map ba entitled.. <br />10. Enfor~.emeat. City shall use its best effoL'ts to <br />prevent property a~waers ro~tith f n t~,e Benefit Brea f1'o8l connecting <br />to the Iatprovem~nts without paging the reimbarsemeat i`e~e~ provided <br />herein, and sbal.l not iastie necessary permits, licenses or <br />consents for such connections without payment of the tees herein <br />provided. If, despite City~s good faith efforts to prevent same, <br />conneCtivns to yr use of the Improvements is the Ben,Qfit •Ar~ea <br />should. occazr without payment of the necessary fse, City shall not <br />be responsible fur payment of the atnourit which would have beetx <br />paid to Developer, provided that Developer shxtll be entitled, and <br />its hereby authorized by city, to pursue collection of such fees <br />by means of private right •of action, or ariy other lawful means, <br />s,gainst the party ttsinq the 7mprov~ntas without payment of the <br />required fees. City agrees to participate in aAd to cooperate <br />with and assist Developer in any. such action, upon request of <br />Dev+~loper, 3.f such participation and cooperation is re z ~ i red to <br />enforce Developers collection rigi~.ts hereunder. In that event, <br />Developer grill ind~ify city from. any claim from any third party <br />against the City. <br />-3- <br />