RES 18-999 - Laserfiche WebLink

(cc) "Parties" means collectively the City and Costco. (dd) "Preliminary Cost Estimate" is defined in Recital G. (ee) "Prevailing Wages"means wages paid in accordance with as provided in the statutes applicable to the City public work contracts, including without limitation Sections 1770-1780 of the California Labor Code. (ff) "Project Improvements" means collectively the JDEDZ Street Improvements and the Stoneridge Drive and I-680 Project. (gg) "Project Right of Way" means collectively the Required Right of Way and the Stoneridge Drive and I-680 Project Right of Way (hh) "Required Right of Way"means the land or other interests needed to be acquired to allow for the construction of the right of way for the JDEDZ Street Improvements. (ii) "Sales Tax Law" means the Bradley-Burns Uniform Local Sales and Use Tax Law (California Revenue and Taxation Code section 7200, et seq.). If the Bradley-Burns Uniform Local Sales and Use Tax Law is further amended, terminated or rescinded, and Sales Taxes arc calculated in an alternate manner or arc replaced by an alternate revenue stream (i) arising from the retail sale, use or other consumption of tangible personal property from or on the Site, or(ii)designated as being a replacement for Sales Taxes previously generated by the retail sale, use or other consumption of tangible personal property on or from the Site, then "Sales Taxes"shall also mean those revenues attributable to sales, services or consumption of tangible personal property on or from the Site, collected for City in the alternate manner of calculation, so long as City receives its portion of such revenues and has the legal right under California and/or federal Law to retain and control the disposition of all of its portion thereof (jj) "Sales Taxes"means for each Fiscal Year during the Term, that portion of taxes actually received by City from the imposition of Sales Tax Law attributable to the sales, services or business activities of Costco at the Costco Store to the extent allocated and paid by the State Board of Equalization to City for its use, in a particular Fiscal Year. The defined term "Sales Taxes"shall not include any of the following: (i) any sales tax levied by,collected for or allocated to the State of California,the County, or any district or entity(including an allocation to a statewide or Countywide pool)other than City; (ii)any administrative fee charged by the State Board of Equalization or the County; (iii)any sales tax subject to any sharing, rebate,offset or other charge imposed pursuant to any applicable Law; (iv) any sales tax(or other funds measured as sales tax) required by the State of California to be paid over to another public entity (including the State)or set aside and/or pledged to a specific use other than for deposit into City's general fund; (v) any other sales tax that is imposed within the boundaries of City and which is intended to fund a specific activity or project, rather than to be used by City as general fund revenues, or which has specific voter approved limitations on its uses. provided, however, if atter the Effective Date, the City voluntarily enters into a tax sharing agreement with another entity,the sales taxes so re-distributed shall be not be excluded but shall be deemed to be "Sales Taxes"received by the City for purposes of this Agreement. No Sales Taxes shall be considered 5 1310 01'2218870.8 2/7/2018