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� � � _-_ _ <br /> . —' ._.DRAFT <br /> the Publicl?arioaa Facilit¢�nd�lF�B��e City in accordance with this Agreement, Developer <br /> � shall a�n to � City aa�aencv all �of Developers rights in any warranties, guarantees, <br /> ma'm�iance obli�Ons or otlggevidence of contingent obligations of third persons with resped to <br /> the Put�ar�QevToper shall provide these warranties. auarantees and maintenance <br /> . � Y _—.� <br /> 'on �e °ublic Facility and all systems_for at least one y_ear_following accepta_nce_,.-- <br /> _ by C'f}tnnd Ag�y. In adc'ition, Developer shall provide City and Agency with a compiete set of <br /> � I"record" �vings��tified by the Developer's engineer showing the lacation of the Work as <br /> � installed. = <br /> �- Finaric7al Terms. <br /> =P�- Not-to-Exceed Parking Facility Cost. <br /> City and Agency shall reimburse Developer for the actual Parking Facility Costs (defined in <br /> I Attachment 8 of the DDA) incurred by Developer, uo to�total of Seventeen Miliion Four Hundred ,.--�" Da1eta° T <br /> __"____"'_____""__""'___'__ "'___ "" lOrPaAtinqFadYtyCOSRShiNnd <br /> and Eighty Thousand Dollars ($17,480,000) (the "Not-to-Exceed Parking Facility Cost"). The Not- ��� <br /> taExceed Parking Facility Cost consists of the following items: <br /> Item Cost <br /> Cost of the Work as defined in Section 3(B) below. $15,730,000 <br /> I (Includes an estimated credit to CiN and Aqency of <br /> $750,000 for the cost of constructing the Project <br /> foundation.) <br /> Construction Contingency, as defined in Section 1,000,000 <br /> 3(C) below <br /> Parking Control Equipment 250,000 <br /> Testing & Inspection 200.000 <br /> A/E Support during construction 300,000 <br /> Not-to-Exceed Parking Facility Cost $17,480,000 <br /> In calculating the Not-taExceed Parking Facility Cost, the parties assume that Developer, <br /> Consultants and Contractors will, from time to time, encounter delays and difficult site conditions <br /> arising from limited access to work areas, other interference or conditions at the Project Site. The ��� �� 9 � <br /> 9/26/03 6 :���I �NMad: SfiB77v10 337BBiD001 <br /> � $68�7v�0 33�B6�000� <br /> DBB 100903/Agr.147 . _ .. . _ . _.. _ . ---..---------------- ;. <br />