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(cc) "Parties" means collectively the City and Costco. <br />(dd) "Preliminary Cost Estimate" is defined in Recital G. <br />(cc) "Prevailing Wages" means wages paid in accordance with as provided in <br />the statutes applicable to the City public work contracts, including without limitation Sections <br />1770-1780 of the California Labor Code. <br />(ff) "Project Improvements" means collectively the JDEDZ Street <br />Improvements and the Stoneridge Drive and I-680 Project. <br />(gg) "Project Right of Way" means collectively the Required Right of Way and <br />the Stoneridge Drive and I-680 Project Right of Way <br />(hh) "Required Right of Way" means the land or other interests needed to be <br />acquired to allow for the construction of the right of way for the JDEDZ Street Improvements. <br />(ii) "Sales Tax Law" means the Bradley -Barns Uniform Local Sales and Use <br />Tax Law (California Revenue and Taxation Code section 7200, et seq.). If the Bradley -Burns <br />Uniform Local Sales and Use Tax Law is further amended, terminated or rescinded, and Sales <br />Taxes arc calculated in an alternate manner or are replaced by an alternate revenue stream <br />(i) arising from the retail sale, use or other consumption of tangible personal property from or on <br />the Site, or (ii) designated as being a replacement for Sales Taxes previously generated by the <br />retail sale, use or other consumption of tangible personal property on or from the Site, then <br />"Sales Taxes" shall also mean those revenues attributable to sales, services or consumption of <br />tangible personal property ort or from the Site, collected for City in the alternate manner of <br />calculation, so long as City receives its portion of such revenues and has the legal right under <br />California and/or federal Law to retain and control the disposition of all of its portion thereof. <br />6j) "Sales Taxes" means for each Fiscal Year during the Term, that portion of <br />taxes actually received by City from the imposition of Sales Tax Law attributable to the sales, <br />services or business activities of Costco at the Costco Store to the extent allocated and paid by <br />the State Board of Equalization to City for its use, in a particular Fiscal Year. The defined term <br />"Sales Taxes" shall not include any of the following: (i) any sales tax levied by, collected for or <br />allocated to the State of California, the County, or any district or entity (including an allocation <br />to a statewide or Countywide pool) other than City; (ii) any administrative fee charged by the <br />State Board of Equalization or the County; (iii) any sales tax subject to any sharing, rebate, offset <br />or other charge imposed pursuant to any applicable Law; (iv) any sales tax (or other fiends <br />measured as sales tax) required by the State of California to be paid over to another public entity <br />(including the State) or set aside and/or pledged to a specific use other than for deposit into <br />City's general find; (v) any other sales tax that is imposed within the boundaries of City and <br />which is intended to fund a specific activity or project, rather than to be used by City as general <br />fund revenues, or which has specific voter approved limitations on its uses. provided, however, <br />if atter the Effective Date, the City voluntarily enters into a tax sharing agreement with another <br />entity, the sales taxes so re -distributed shall be not be excluded but shall be deemed to be "Sales <br />Taxes" received by the City for purposes of this Agreement. No Sales Taxes shall be considered <br />1310 01`2218870.8 <br />'_'1712018 <br />