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reallocate the shanng of costs based on additional calcalate~d contributing peak flows for th 100 <br />year storm event to thc Storm Drainage.Joint Facilities from additional properties serwd. For <br />purposes of such reallocation, it shall be assumed that tbe contributing flows for the Property are <br />12.36 cubic feet per second and the contriboted flows for City property are 13.93 cubic feet per <br />sccon~ <br /> <br /> 3. City shall initially incur all costs of operation and maintenance ~nd shall bill <br /> <br />Pacific Shores not more frequently than quarterly and nol less f:requentiy than annuelly for <br />Pacific Shores' share of such costs. Pacific Shores shall reimburse City for Pacific Shores' share <br />of costs within 30 days oftbe receipt of the invoice for same. In the event that any paymant is <br />not IT~e wh~II due Pacific Shore~ shall bc obligated to pay City int~sest at the rate often percent <br />per annum until paid. <br /> <br /> 4. This Agreement shall be binding on the successors and assigns to both parties. In <br /> the event of the c~ention of an association of pwperiy owners for thc lot~ within the Property, <br /> Pacific Shores shall hav~ the ri~ht to assi~ all of its dufie~ mid obligations hereunder to such <br /> association. In the event that any person or entity, including such an association; b~comas tl~ <br /> su~'ccssor-in-title to the Corm*non Parcels, as deemed in th~ Development Ai~rnent, such <br /> person or entity shall be d~mecl the assignee of Pacific Shor~s pursuant to this A~reerru~nt and <br /> shall be deemed to have assumed its obligations hereunder, without any further action r~quired <br /> by City or Pacific Shores. <br /> <br /> 5. This Agreement shall be t~overned by the laws of thc State of Cali£omia. <br /> <br /> <br />