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<br />E. <br /> <br />Payments to Developer. <br /> <br />1. City and Agency shall reimburse Developer for the City portion of <br />the Streetscape Improvement Costs no more often than monthly, in accordance with the <br />procedures set forth in section 2(H), below. <br />2. In addition to the Streetscape Improvement Costs, City and Agency <br />shall pay Developer a fee for Services in an amount equal to three percent (3%) of the <br />City portion of the actual Cost of the Work, as confirmed by audit (the "Fee"). This Fee <br />shall be paid monthly, based on the Cost of the Work approved for reimbursement as <br />described in Section 2(A). The Fee shall be subject to adjustment upon completion of <br />the Project based upon the audited Cost of the Work. <br />F. Fee as Full Compensation. <br />The Fee payable to Developer as provided in Section 2(E)(2) shall be <br />full compensation to Developer for all of its Services and expenses including, <br />without limitation, wages and salaries, travel, insurance, rent, secretarial and <br />clerical support, duplication and copying, telephone, telegraph and other <br />communication charges, and all other related and unrelated costs and <br />expenses, overhead and profit. Developer shall not be entitled to receive <br />reimbursement or other payment for any overhead or administrative costs or <br />any other expenses of any nature incurred by Developer in performing the <br />Services and obligations under this Agreement. <br />G. Limitation on Payments. <br /> <br />1. Payments by City for the City Portion under this Agreement, <br />excluding the Fee, shall not exceed the Not-to-Exceed Streetscape Cost without the <br />prior written authorization of the City's Project Manager, the City Council and the <br />Agency's Board of Directors. <br />2. No amendment to this Agreement that, individually or collectively, <br />increases the fee, the Not-to-Exceed Streetscape Cost or other amounts more than a <br />total of ten percent (10%) of the Not-to-Exceed Streetscape Cost payable by City and <br />Agency hereunder is valid unless such task orders or amendments are approved by <br />City's Project Manager, the City Council and the Agency's Board of Directors. <br /> <br />Atty/Agr/2005.072 <br />101105 <br />840847v12 33786/0001 LBack <br /> <br />8 <br />