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3. Participation of New Cities After Commencement of Construction. After full execution <br />of this AGREEMENT, no city will be added to the OCAC SERVICES program for a <br />period of three (3) years from the date first set forth above, to allow for appropriate <br />sizing and establishment of operational protocols for the NEW SHELTER. If a new <br />city elects to participate in the OCAC SERVICES program after the three (3) year <br />period indicated above, and COUNTY elects to provide SERVICES to such city, such <br />city will be required to pay a pro rata portion of the MAXIMUM CONSTRUCTION <br />COSTS based on the fonnula set forth in Exhibit D. Any new participating cities' <br />contributions pursuant to this section will be applied first toward any necessary <br />expansion of the NEW SHELTER and the remainder will be deposited into a shelter <br />maintenance and repair fund (the "SHELTER MAINTENANCE FUND "). COUNTY <br />shall establish a separate project fund account for all funds allocable to the SHELTER <br />MAINTENANCE FUND and shall not commingle any other funds in said account. It is <br />the intention of the PARTIES that any funds contained in the SHELTER <br />MAINTENANCE FUND be exhausted prior to any additional contributions by the <br />PARTIES toward post - construction shelter upgrades or capital improvements. Prior to <br />contracting to provide SERVICES to a new city, COUNTY shall consult with those <br />CITIES then currently contracting with COUNTY to receive SERVICES pursuant to a <br />SERVICES AGREEMENT. COUNTY shall in good faith consider the input of those <br />cities in making COUNTY'S determination as to whether to provide SERVICES to the <br />proposed new city. Nevertheless, COUNTY is not bound to follow the <br />recommendations of those cities and the ultimate determination as to whether to <br />provide SERVICES to the proposed city rests entirely with COUNTY. <br />4. NEW SHELTER Account; Deposit of Funds. Upon the execution of this AGREEMENT, <br />COUNTY shall establish a separate capital project fund account for all funds of the <br />PARTIES which are to be applied toward ACTUAL CONSTRUCTION COSTS for the <br />NEW SHELTER (the "NEW SHELTER ACCOUNT ") and shall not commingle any other <br />funds in said account. Funds payable by any CITY as an additional cost imposed due to <br />late payment, or that are allocable to COUNTY to reimburse COUNTY for any COUNTY <br />funds spent on ACTUAL CONSTRUCTION COSTS beyond the $5,000,000 <br />provided for above, or that are to reimburse COUNTY for the lost value over time of the <br />money paid by COUNTY toward ACTUAL CONSTRUCTION COSTS beyond the <br />$5,000,000 provided for above, shall not be paid into the NEW SHELTER ACCOUNT but <br />shall be paid directly to COUNTY for COUNTY'S sole use. <br />5. Allocation of Excess Funds. Upon final completion of the NEW SHELTER, issuance of a <br />certificate of occupancy, payment of all ACTUAL CONSTRUCTION COSTS, and <br />