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_= — _DRAFT ��� �� <br /> Not-to-E F�J cosffi Developer, Consultants and Contradors will <br /> incur p�'count�such cor�ons. <br /> — �. The �ost of the 18�tk. <br /> 1. T'�C 's $nrcost of all labor, materials, equipment, overhead, taxes, utilities, <br /> ce, �Ity and license fees, deposits and other "hard" costs of �nsVucting the UbIIC _..- "� p �� �m��nd P�lic <br /> Parkir�acilitv�d bv Develouer to or on behaif of Wentz the aener conVactor,_and_ its _..-- Di � <br /> = subcontra�s. T�Lost of the Wo�ic reflects the Clarifications and ExGusions set forth in the <br /> ! document ` et 10/rev 7 ated 8/4/03 and attached to this re ment as Exhi it B. <br /> '2.= Citv�ad Aaencv and their accountants mav audit the Cost of the Work inGudinq but not <br /> Iim�e�,t�3FFe actual credit for the foundation. when the Public Parkina Facilitv is comolete or this <br /> Aqreement is terminated for anv reason. Develocer shall reauire its Contractors and Consuitants <br /> to make their cost records available and othervvise coouerate in this audit as nrovided in Section <br /> 10. All amounts oaid bv Citv and Aaencv under this Aareement shall be subiect to adiustment as a <br /> result of anv audit. and the �arties shall make anv �ayment reauired as a result of the audit within <br /> twentv (201 davs of the date the Citv and Anency aive Develooer written notice of the audit results. <br /> C. The Construction Contingency. <br /> 1. The "Construction Contingency is a fund of One Million Dollars ($1,000,000) to be used <br /> solely to pay for unforeseen costs, An "unforeseen cosY is the Cost of the Work arisina solelv from _..•= "� w b�rotl; u,,,row: � <br /> section 9(E). <br /> non-material desian deficiencies and chanqes in auantities of work about which Deveto�ers <br /> Contractor made reasonable assumotions as set forth in Exhibit B <br /> 2. Developer shall not be entitled to payment of any portion of the Construction Contingency <br /> without prior written authorization by City and Agency. In order to obtain funds from the <br /> Y Construction Contingency, Developer shall make a written request to City and Agency for a <br /> particular amount of funds for a spec�c purpose. Developer's request, and authorization by City <br /> and Agency, shall occur before the unforeseen construction costs are incurred. Any unexpended <br /> funds from the Construction Contingency will remain with the Ciry and Agency except as provided <br /> in Section 3(D)(3). <br /> D. Payments to Developer <br /> 1 City and Agency shall reimburse Developer for the Parking Facility Costs no more often than <br /> monthly, in accordance with the procedures set forth in section 3(H), below. <br /> . Formatted: Font: 9 Dt <br /> oekaa: ssenv�o aa�ee�000� <br /> 9'26/03 � <br /> ; _ °�'7�:1� 33786�0001 � <br /> : c <br /> . ......_'___________________.._'___'_'_"_"_'__'._"______-_'__""_-_____"""_""""".. <br /> DBB 100903/Agr.147 <br />