SAFEWAY COST REIMBURSEMENT 2001 - Laserfiche WebLink

Safeway Inc. 5918 Stoneridge Mall Road Pleasanton, CA 94588 Attn: Marilyn K. Beardsley, Real Estate Law Section 8. Term. Ten (10) years after the date of acceptance of the Improvements, the City shall cease collecting Reimbursement Amount and Developer shall not be entitled to the receipt of any further Reimbursement Amount pursuant to this Agreement. Section 9. Amendments. Any amendment, modification, suspension or cancellation of this Agreement must be in writing, signed by the appropriate authorities for City and Developer and Owner, in a form suitable for recording in the office of the Recorder of Alameda County, California. Section 10. Disputes. Disputes arising under this Agreement shall be filed with the City Manager, who shall be authorized to resolve such disputes. Any decision made by the City Manager with respect to this. Agreement may be appealed to the City Council. Any such appeal to the City Council must be made in writing and addressed to the City Council. Final action of the City Council shall be required before legal action pursuant to this Agreement may be instituted. In such event, the prevailing party shall be entitled to its reasonable attorneys' fees and costs, if any, in addition to any relief to which the party may be entitled. Section 11. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Any action to enforce this agreement shall be filed in the Superior Court of the County of Alameda. Section 12. Enforcement. The City shall use its best efforts to prevent new and existing property owners within the Benefit Area, from utilizing the improvements without paying the Reimbursable Amount, and shall not issue necessary permits, licenses, nor consent for such use without payment of the required Reimbursable Amount. If, despite the City's best efforts, use of the Improvement by new or existing owners in the Benefit Area should occur without payment of the required Reimbursable Amount, City shall not be responsible for payment of the amount which would have been paid to Developer, provided that Developer shall be entitled, and is hereby authorized by the City, to pursue collection of such fees by means of a private right of action or any other lawful means,