Agmt23 Peninsula Corridor Joint Powers Board

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REV: 01-17-23 JB Section 4.02. Transit District Non-Refundable Deposit. (a) Developer’s Project is located within the Transit District. The City will conduct a programmatic level environmental review for amendments to the DTPP that will consider Developer’s Project and one other project in the Transit District as part of the Transit District Amendments. On or before the Effective Date, Developer shall pay to the City a non-refundable amount equal to One Hundred Sixty-Nine Thousand Dollars ($169,000), which is approximately 13 percent of the Total Costs, in the form of a wire transfer of good funds. (b) City shall establish an account designed to fund Developer’s share of the Transit District Amendments which shall include the Developer’s non-refundable deposit, as identified in Section in 4.02(a) above (“Deposit Account”). (c) The Parties acknowledge that deposits to the Deposit Account are not a “source of income” within the meaning of the California Political Reform Act (pursuant to California Government Code Section 87103.6). (d) In no event shall City or its Consultants be obligated to perform any work in connection with Developer’s proposal for the Proposed Project or the Proposed Transit District Amendments, including but not limited to City review, evaluation, consideration, processing of Developer’s proposal, where: (1) Developer is delinquent in the initial funding of, or any required replenishment of, the Deposit Account required above; (2) the actual costs associated with City staff time and/or Consultant work has exceeded the amount being held by City in the Deposit Account to cover such costs; or (3) Developer is otherwise in breach of this Agreement in any respect. (e) Upon termination of this Agreement, City shall have a reasonable time to seek and receive from Developer all remaining and outstanding reimbursements to which it is entitled under this Agreement. Section 4.03. Recordkeeping and Audits. (a) City shall maintain records with respect to the review performed by City and its Consultants under this Agreement (the “Records”) in accordance with City’s current procedures. City shall retain such Records for the period required by law. The Records shall include official documentation evidencing the charges to support all costs. (b) City will make available to Developer all Records excluding attorney client, work product, and other confidential or protected information and documents, within a reasonable time after request for examination of such records is provided to City. If any audit reveals inaccuracies in billings or payments, the necessary adjustments to correct the inaccuracies shall be made. (c) Nothing in this Agreement shall be construed to require City to provide Developer with documents, or portions of documents that are privileged, attorney work product, or attorney-client privileged. ATTY/AGR.2022.391/Joint Powers Board (Transit District Amendments) (Page 3 of 7)