Reso 1996-031 to 035 - Laserfiche WebLink

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said tenants, or which receipts are a deposit only, provided, however, that any deposits forfeited or included as payment of an account are to be included in gross sales. 7. Any sums received by persons other than Lessee from, on, or through use of the demised premises, except to the extent Lessee receives, either directly or indirectly, any pro rata share or percentage of such sums, in which case such pro rata share or percentage shall be included in gross sales." All sales originating on the Site shall be considered as made and completed therein, even though bookkeeping and payment of the account may be transferred to another place for collection and even though actual filling of the sales or service order may be made from a place other than the Site. E. Accounting Record Within twenty (20) days after the close of each calendar month of the term of this Lease, Lessee shall render to the City, in a form satisfactory to the City, an account of its business transactions during the preceding month, setting forth in particular its gross sales, as heretofore defined, for said month. City, at its request, shall be supplied copies of all California sales tax returns filed by Lessee. Lessee shall keep full, true and accurate books and records showing all of its business transactions on the leased premises, including a written explanation of income and expense report procedures and controls. Within one hundred and twenty (120) days after the end of each lease year Lessee shall provide the City with a copy of a complete annual audit prepared by a Certified Public Accountant approved by City. Said annual audit shall contain a report to the City including a break-out and analysis of the City's revenue stream from this Lease. In the event that Lessee fails to submit said audit within said one hundred and twenty day (120) period, Lessee shall pay to City a penalty in the amount of one hundred dollars ($100) for each day after receipt by Lessee of written notice from City of such failure until the audit is submitted as required. City shall have the right, through its representatives, and at all reasonable times, to inspect all books and records involved in the determination of gross sales, including State of California sales tax return records. Lessee hereby agrees that all such records and instruments are available to City, and that it shall make the same available to City upon demand. The books and records required to be kept by Lessee as provided for herein shall be made available for inspection by City in the City of San Leandro and such books and records shall be kept for a period of three (3) years after the close of each lease year. The receipt by City of any statement or the payment of any percentage rental for any period shall not bind City as to the correctness of the statement or the payment. rev. 3-12-96 (SRM) rev. 6-5-96 (SRM) 6