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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 payabl~ for the first 52~,OOO square feet of GBF A by Flatirons at <br /> <br />the time of issuance of a building permit is calculated by dividing the square footage <br /> <br />. <br /> <br />of GBFA for which the building I'ermit is sought by 2,000 and then multiplying the <br /> <br />quotient by the chaI'ge rélte shown on Exhibit D (" Agreed Charge Rate") for the fiscal <br /> <br />year in ~hich the building permit is issued, whether the Agreed Charge Rate is the <br /> <br />actual charge rate (" Actual Charge Rate") during that fiscal yeat'" for Facilities Fees or <br /> <br />,,--,. <br />....... <br /> <br />()r:: <br /> <br />not. On or after January 1, 2002, or for any GBF A in excess of the first 525,000 squ'are <br /> <br />.. <br /> <br />feet of GBF A included in building l'eI1rfli ts issued prior to J anuMY 1, 2002, the <br /> <br />.. .. . <br /> <br />.., ." <br />"'~'."- <br />.. " .. <br />."..,..", <br /> <br />Facilities Fee I'ayable by Flatirons at the time of issuance of él building pennit is <br /> <br />:::f~~ <br /> <br />fr.~~; <br />~:::':::;:: <br /> <br />calculated by dividing the square footage of GBF A for which the building permit is <br /> <br />,.-..,.. <br /> <br />::'r~.:::: <br /> <br />sought by 2,000 and then multil'lying 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) él building permit were issued in JéU1uary, 1999 for 300,000 square <br />feet of GBFA, (ii) building permits had been previously issued which included a <br /> <br />cuI1lulative totéll of 400,000 squélre feet of GBFA, and (iii) the Facilities Charge Rélte <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 /> <br />125,000 x $13 850 + 175,000 x$15 000 = $2,178,125 <br />2, 000 ' 2, 000 ' <br /> <br /> <br />-21- <br /> <br />DV AGRCP3.OCX: <br />August 26, 1996 <br /> <br />_...... ,.., <br />