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Right to Withhold: If the above items are not provided to ACTIA by the annual due date and/or <br />such items are found not to be in compliance with this AGREEMENT, Public Utilities Code <br />Section 180000 et seq., the ballot measure or the Plan, ACTIA shall withhold Measure B sales tax <br />funds from the CITY until the CITY has corrected any noted deficiencies to ACTIA's <br />satisfaction. While funds are being so withheld all interest on withheld funds shall be retained by <br />ACTIA as an administrative fee. <br />P_ro~rammatic Expenditures: Funds will be disbursed on a monthly basis by ACTIA, based on <br />a set formula for distribution. Funding for programs are intended to reflect geographic equity <br />based on the population projections for the County in the year 2005. Dollar figures are based on <br />financial projections, which assume a 4% annual growth rate. In all cases, amounts shown in the <br />exhibits are estimates; actual distributions will be based on a percentage of net revenues. <br />GeograQhic Breakdown: In all cases: <br />^ North Area refers to the Cities of Oakland, Berkeley, Albany, Piedmont, Emeryville and <br />Alameda, as well as unincorporated areas within that boundary. <br />o Central Area includes the Cities of Hayward and San Leandro, and the unincorporated <br />area of Castro Valley, as well as other unincorporated lands governed by Alameda County <br />in the Central Area. <br />^ South Area includes the Cities of Fremont, Newark and Union City. <br />^ East Area includes the Cities of Livermore, Dublin and Pleasanton, and all unincorporated <br />lands in that area. <br />Jurisdiction: The laws of the State of California will govern the validity of this AGREEMENT, <br />its interpretation and performance, and any other claims related to it. <br />C:ATEMP~ACTIA-CITY-San Leandroagree.doc Page 7 of 11 <br />