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CARIBOU INDUSTRIES (7)
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CARIBOU INDUSTRIES (7)
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Last modified
2/12/2021 9:42:56 AM
Creation date
1/27/2021 12:11:50 PM
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Contracts
Company Name
CARIBOU INDUSTRIES
Contract #
A-2020-265
Agency
Community Development
Council Approval Date
11/17/2020
Insurance Exp Date
3/1/2021
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(b) Operating Expenses of the Parking Structure. <br />(c) City Debt Service. <br />(d) Net revenue to Developer, provided the Hotel is operational. Should <br />the Hotel be converted to residential, then net parking revenue shall be distributed forty percent <br />(40%) of the net parking revenue to the City and sixty percent (60%) of the net parking revenue to <br />the Developer. <br />5.13.4 Should the income from the Parking Structure be insufficient to service the <br />debt which is estimated to be approximately $750,000 then Developer shall be responsible for <br />paying the debt service. <br />5.13.5 After the debt service for the Public Improvements is paid in its entirety, <br />any income from the Parking Structure shall be distributed in the following order: <br />(a) Payment of the Operator Fee as set forth in the Third Party Parking <br />Agreement, if a one is executed by Developer in accordance with Section 5.13.2. <br />(b) Operating Expenses of the Parking Structure. <br />(c) Net revenue shall be distributed forty percent (40%) of the net <br />parking revenue to the City and sixty percent (60%) of the net parking revenue to the Developer. <br />5.13.6 All revenue and expenses deriving from the operation of the parking <br />operations may be verified through an audit as requested by the City. <br />(a) At any time, and following 48 hours prior written notice to <br />Developer, the City or its designee may enter and inspect the physical accounting records <br />pertaining to the Developer's or third party pursuant to the Third Party Parking Agreement. City <br />or its designee may request any other information it deems necessary to monitory compliance with <br />the requirements set forth in this Agreement. City shall be permitted to inspect and photocopy <br />same, and to retain copies, outside of the Developer's premises, of any and all records with <br />appropriate safeguards, if such retention is deemed necessary by the City in its reasonable <br />discretion. This information shall be kept by the City in strictest confidence allowed by law. <br />(b) All books, records, documents and any other evidence referenced in <br />this Section 5.13.6 shall be maintained or made available in a single location in Santa Ana. <br />(c) Once every fiscal year, City may request an audit to be performed <br />by an independent audit firm selected by City, Developer shall be solely responsible for the <br />expense of this audit. City may perform additional audits during the fiscal year, but any additional <br />audit(s) shall be at the sole expense of the City. <br />5.14 Developer's Option to Purchase Parking Structure. <br />5.14.1 Upon issuance of the last Certificate of Completion for the Project, City <br />hereby grants to Developer the option to purchase the City Parcel within the Parking Structure <br />36 <br />553 94.00049\3 323 9203.12 <br />
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