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REV: 09-18-25 VR <br />Developer agrees that City will charge actual staff time and expenses attributable to the <br />administration of any contracts with Consultants entered into by City under this Agreement. <br />(b) On a quarterly basis, City will provide to Developer the amount remaining <br />available for billing in the Evergreen Deposit Account (defined below) <br />Section 4.02. Evergreen Deposit Account. <br />(a) City shall establish a deposit account or fund designed to ensure that City is <br />never required to perform work for which reimbursement funds have not been previously deposited <br />(“Evergreen Deposit Account”). The Evergreen Deposit Account shall contain funds necessary to <br />cover three months’ worth of budgeted expenditures by City relating to City’s review, evaluation, <br />consideration, and processing of the Proposed Project (including any CEQA review necessary for <br />such review, evaluation, consideration, and processing). The City shall transfer the remaining <br />Initial Deposit into the Evergreen Deposit Account and Developer shall fund the Evergreen <br />Deposit Account by depositing with City in the form of a cashier’s check or wire transfer on or <br />before the Effective Date sufficient funds to ensure the Evergreen Deposit Account is funded with <br />at least SEVENTY-FIVE THOUSAND DOLLARS ($75,000) in the form of a cashier’s check or <br />wire transfer to ensure Developer shall replenish the Evergreen Deposit Account on a quarterly <br />basis until termination of this Agreement pursuant to Section 2.02 or Section 5.03 or as long as <br />expenditures made by City relating to City’s review, evaluation, consideration, and processing of <br />the Proposed Project remain unreimbursed, whichever is later. Beginning on the Effective Date, <br />Developer shall replenish the Evergreen Deposit Account by depositing on or before the last day <br />of each quarter the full amount of all invoices delivered by City to Developer within the previous <br />quarter. Thus, for example, on or before March 31, 2026, Developer would replenish the <br />Evergreen Deposit Account by depositing the sum of all invoices submitted by City to Developer <br />during the months of October through end of December 2025. <br />(b) In the event City determines that total invoices for any particular three- <br />month period are likely to exceed Seventy Five Thousand Dollars ($75,000), City may request that <br />Developer increase the total funds available in the Evergreen Deposit Account accordingly. If <br />Developer does not agree to increase the deposited amount, City may adjust its work schedule, <br />including through the adjustment of Proposed Project deadlines, so as not to exceed the amount <br />available in the Evergreen Deposit Account. <br />(c) The Parties acknowledge that deposits to the Evergreen Deposit Account <br />are not a “source of income” within the meaning of the California Political Reform Act (pursuant <br />to California Government Code Section 87103.6). <br />(d) In no event shall City or its Consultants be obligated to perform any work <br />in connection with Developer’s proposal for the Proposed Project, including but not limited to City <br />review, evaluation, consideration, and processing of Developer’s proposal, where: (1) Developer <br />is delinquent in the initial funding, or any required replenishment, of the Evergreen Deposit <br />Account required by Subsections 4.02(a) & (b), above; (2) the actual costs associated with City <br />staff time and/or Consultant work has exceeded the amount being held by City in the Evergreen <br />Deposit Account to cover such costs; or (3) Developer is otherwise in breach of this Agreement in <br />any respect. <br />ATTY/AGR.2025.236/Stanford Medicine (575/585 Broadway) (Page 3 of 8)