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<br /> .. <br /> ii) If Developer does not 'achieve Substantial Completion of the Public <br /> Parking Facility (and Retail/Cinema Block Streetscape if applicable) by November 18, <br /> 2005, fifty percent (50%) of the unexpended General Conditions and Contingency funds <br /> will be paid to Developer when retention is released and the remaining General <br /> Conditions and Contingency funds will remain with City and Agency. <br /> 4. Paragraph 3.0.2 is replaced with the following language: <br /> In addition to the Parking Facility Costs, City and Agency shall pay Developer a fee for <br /> Services in an amount equal to the lesser of (a) three percent (3%) of the Cost of the <br /> Work, as confirmed by audit or (b) Five Hundred and Twenty Two Thousand Dollars <br /> ($522,000) (the "Fee"). This Fee shall be paid monthly, based on the Cost of the Work <br /> approved for reimbursement as described in Section 3(H), beginning in the month <br /> Developer commences excavation for the Public Parking Facility. The Fee shall be <br /> subject to adjustment upon completion of the Project based upon the audited Cost of <br /> the Work, but shall in no event exceed $522,000. All amounts paid to Developer as a <br /> fee shall be included in calculating the Not-to-Exceed Parking Facility Cost. <br /> 5. Paragraph 3.0.3 is deleted in its entirety. <br /> 6. Paragraph 3.0.4 is deleted in its entirety. <br /> 7. Section 3.E - Change Orders - is replaced with the following language: <br /> 1. In consideration of the fact that Developer was responsible for the <br /> investigation of the Project Site and for the design of the Public Parking Facility, and of <br /> the parties' agreement to the increased Not-to-Exceed Parking Facility Cost set forth in <br /> paragraph 3 (Section 3.C), above, Developer agrees, for itself and on behalf of its <br /> Consultants and Contractors, that the City and Agency will not pay more than the Not- <br /> to-Exceed Parking Facility Cost on account of Services or work that Developer or a <br /> Consultant or Contractor could otherwise claim as a change order, extra services or <br /> 6 <br /> 770727vI633786/0001 <br /> ." . _"'.__M_.__ <br />