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<br />9. <br /> <br />Facilities Fees And Other Exactions. <br /> <br />(a) <br /> <br />Except as provided in subsections (b) and (c), Flatirons shall pay a <br /> <br />Facilities Fee at the time of the issuance of a building permit. Prior to January 1, <br /> <br />2002, the Facilities Fee payable for the first 525,000 square feet of GBF A by Flatirons at <br /> <br />the ~me of issuance of a building permit is calculated by dividing the square footage <br /> <br />of GBF A for which the building permit is sought by 2,000 and then multiplying the <br /> <br />quotient by the charge rate shown on Exhibit D (" Agreed Charge Rate") for the fiscal <br /> <br />year in which the building permit is issued, whether the Agreed Charge Rate is the <br /> <br />actual charge rate (" Actual Charge Rate") during that fiscal year for Facilities Fees or <br /> <br />not. On or after January 1, 2002, or for any GBFA in excess of the first 525,000 square <br /> <br />calculated by dividing the square footage of GBFA for which the building permit is <br /> <br /> <br />feet of GBFA included in building permits issued prior to January 1, 2002, the <br /> <br />Facilities Fee payable by Flatirons at the time of issuance of a building permit is <br /> <br />sought by 2,000 and then multiplying the quotient by the Actual Charge Rate for the <br /> <br />fiscal year in which the building permit is issued instead of the Agreed Charge Rate. <br /> <br />For example, if (i) a building permit were issued in January, 1999 for 300,000 square <br /> <br />feet of GBFA, (ii) building permits had been previously issued which included a <br /> <br />cumulative total of 400,000 square feet of GBF A, and (iii) the Facilities Charge Rate <br /> <br />actually in effect were $15,000, then the Facilities Fee payable at the time that <br /> <br />building permit was issued would be: <br /> <br />(125,000 x$13 850J+(175,OOO X$15 oooJ = $2 178 125 <br />2, 000 ' 2,000 ' " <br /> <br />-21- <br /> <br />DV AGR0'3.DOC <br />August 26, 1996 <br />