ORD 1792 - Laserfiche WebLink

(b) Payment Requests, Documentation and Audits: All Reimbursable Costs shall be based upon actual bid documents, contracts, and paid invoices which shall be available for review, copying and audit by each of City, the other Funding Developers, and their respective agents and accountants. Requests for payment of Reimbursable Costs shall be rendered in reasonable detail at least 30 days prior to the requested due date. During the 30 day period, the Proceeding Developer (or City, as applicable) shall provide any additional information, documentation and/or opportunities to review, copy and audit books and records pertaining to Reimbursable Costs and the allocation thereof among the Payment Participants upon request, at reasonable times during normal business hours at a location or locations within a 25-mile radius of the City's offices at 123 Main Street in Pleasanton. (c) Reimbursement Agreements: City shall require, as a condition of approval of any subdivision map for the other two Funding Developers, that each of the other two Funding Developers, at the time of submitting the first final map of its project for processing with City, deposit with City such Funding Developer's full reimbursement share of the actual costs of design, construction, incidental right-of-way expenses, installation, financing, bonds and management of the installation of such sewer and water infrastructure incurred by the Proceeding Developer, with interest at the rate of eight percent (8%) per annum commencing as of the date of City acceptance of such improvements. Such sum then shall be released to the Proceeding Developer concurrent with the recording of the first final subdivision map for such Funding Developer. City shall enter into a binding agreement with the Proceeding Developer and cause each of the other Funding Developers to execute suitable recorded reimbursement agreements which are binding on the respective Funding Developers and the landowners of their respective Projects, if other than the Funding Developers, prior to the commencement of work by the Proceeding Developer. (d) Other Proiects: In the event subsequent developments not currently contemplated for the HVSPA by the HVSP are proposed which would utilize any of the water and sewer infrastructure described in Exhibit "B-1" or Exhibit "B-2", then provided the first discretionary approval for such project is granted within ten (10) years after City acceptance of the infrastructure consented hereto, such subsequent developer may be required to pay a pro rata share of the cost of such infrastructure as a condition of the first tentative subdivision map or other first discretionary approval for the project, if the City determines that a legal nexus exists between such subsequent development and the infrastructure. (Such subsequent developments shall not include existing, undeveloped lots of record within the HVSPA, which shall reimburse the City for their pro rata share of such infrastructure upon development pursuant to the I-IVSP.) Any such payments collected by the City shall be forwarded to the Funding Developers based on their pro rata share (as set forth in Section 2.(f)), less the City's administrative fee of 5%, within 30 days of receipt. The right to reimbursement of any such payments shall be personal to each Funding Developer. 4. Right-of-Way Acquisition: (a) Voluntary Acquisition: The Funding Developers shall use their best efforts to negotiate with property owners to obtain the necessary easements and rights-of-way to -5- 10F21/99