3_Exhibits E-G - Laserfiche WebLink

Section 3.12 Property Maintenance During Phased Construction. While the parties acknowledge that Developer controls development timing pursuant to Section 2.06, above, Developer agrees that after the construction of Phase 1 of the Project, the portions of the Property that comprise Phases 2 and 3 shall be kept at least minimally landscaped and subject to other site improvements as required by Project Approvals pending the development of Phases 2 and 3. Section 3.13 Sales Tax Origin. Developer shall insert a contract provision in its contract with the general contractor and/or architect as applicable, requiring the general contractor and its subcontractors to designate the City of Pleasanton as the place of use of any materials purchased for the development of the Project. "Contract Provisions for Contracts" shall mean those contract provisions set forth in Exhibit E attached hereto, which the Developer shall insert into every contract with each contractor, subcontractor or goods and/or service provider into which the Developer enters into a contract for the development of any portion of the Project. Developer shall further comply with the provisions of this Section 3.10 to provide, to the extent possible under applicable laws and regulations, that local sales and use taxes generated in connection with all eligible purchases of materials, fixtures, machinery,equipment and supplies for the Project during the construction thereof are allocated directly to the City, subject to Regulation 1521 titled "Construction Contractors" and resolution titled "Contractors No. 260,20" under the Compliance Policy and Procedures Manual of the California State Board of Equalization. The Developer shall comply with the following: (a) Meeting with the City Manager and Director of Finance. Prior to issuance of the first building permit for the Project, the Developer, and its contractors and its subcontractors then providing services or materials to the Project in excess of Five Million Dollars ($5,000,000) (to the extent such contractors and subcontractors have been identified and contracted with at such time)may,at their election,meet with the City's City Manager and Finance Director to review the process that the Developer's contractors and subcontractors should follow with respect to sales and use taxes. Developer agrees to advise any contractors and subcontractors that do not attend this initial meeting of the requirements of this section, and, upon reasonable request, the City agrees to meet and review with such contractors and subcontractors the process that they should follow. (b) Contract Provisions for Contracts. To the extent the Developer has not executed a construction contract with its general contractor prior to the Effective Date, the Developer shall include, and shall cause its general contractor to include, a provision in all construction contracts entered into with contractors and subcontractors substantially in the form attached as Exhibit E. (c) Contractor Information. The Developer shall, when reasonably requested by the City, provide the City's Finance Department with (unless such information requires the disclosure of confidential information, trade secrets, or information that impairs the Developer's ability to gain pricing advantages relative to materials and services): (1) A list of the Developer's contractors and subcontractors who will or have performed construction services or who will or have furnished materials for the construction of the Project, which list shall include the following items: 4412928_2 -8-