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WHEREAS, Consultant represents that it possesses the experience, and <br /> <br /> is qualified to perform the aforesaid services for the Project; <br /> NOW, THEREFORE, the parties agree as follows: <br /> <br /> 1. CONSULTANT'S SERVICES. Consultant shall provide environmental <br />consulting services for the Project, including but not limited to, preparation of an <br />addendum to the EiR on the proposed downtown mixed use/retail cinema project <br />as further described in the attached Exhibit "A." Notwithstanding the provisions <br />of Exhibit A, Consultant shall deliver all preliminary or draft documents to Agency <br />prior to the preparation of final documents and the release of such documents to <br />the Developers, and Consultant shall not release said documents to the <br />Developers unless and until Agency shall have authorized such release. <br /> <br /> 2, COMPENSATION; EXPENSES; DEPOSIT; PAYMENT. Agency shall <br />compensate Consultant for all services performed by Consultant hereunder in an <br />amount based upon Consultant's hourly rates that are prevailing during the time <br />of the performance of said services. A copy of Consultant's hourly rates for <br />which services hereunder shall be performed are set forth in Consultant's fee <br />schedule contained 'in Exhibit "A," <br /> <br /> Notwithstanding the foregoing, the total amount of compensation and <br />reimbursement of costs payable hereunder shall not exceed the sum of Forty- <br />five Thousand Dollars ($45,000.00) unless the performance of services and/or <br />reimbursement of costs and expenses in excess of said amounts have been <br />approved in advance of performing such services or incurring such costs and <br />expenses by Agency's Board of Directors, evidenced by motion duly made and <br />carried. <br /> <br />F:Atty/Agr/Agr.041 2 <br />060302 <br /> <br /> <br />