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<br /> , <br /> "-- <br /> C. City, Agency and Developer wish to define and resolve the obligations of the City <br /> and Agency in connection with the requests described in paragraph B, above, based on <br /> the terms and conditions set forth herein. <br /> Now, therefore, the parties agree as follows: <br /> MODIFICATIONS TO THE AGREEMENT <br /> 1. Section 3.A of the Agreement - Not to Exceed Parking Facility Cost - is deleted <br /> and replaced with the following language: <br /> City and Agency shall reimburse Developer for the actual Parking Facility Costs <br /> (defined in Attachment 8 of the DDA) incurred by Developer and pay Developer a fee <br /> (as defined in Section 3.0.2 of the Agreement) up to the amount of Eighteen Million Five <br /> Hundred Seventy Six Thousand Five Hundred Dollars ($18,576,500.00) (the "Not-to- <br /> Exceed Parking Facility Cost"). The Not-to-Exceed Parking Facility Cost consists of the <br /> following costs and fees: <br /> a) Cost of the Work, as defined in Section 3.B, including $16,948,783 <br /> credit to City and Agency for the cost of constructing the <br /> Project Foundation. This amount includes the agreed credit <br /> for the garage foundation in the amount of Five Hundred and <br /> Fifty Thousand Dollars ($550,000) <br /> b) General Conditions and Contingency 451,217 <br /> c) Testing & Inspection 245,500 <br /> d) AlE support during construction 409,000 <br /> e) Developer's Fee 522,000 <br /> Not-to-Exceed Parking Facility Cost $18,576,500 <br /> 2 <br /> 770727vI633786/0001 <br /> .< . -.-...,- <br />