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AgdaPkt 2004-11-08
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AgdaPkt 2004-11-08
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7/5/2005 2:30:00 PM
Creation date
11/4/2004 1:20:16 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
11/8/2004
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<br />could have been addressed, in Change Order Requests 1 through 86, inclusive, as <br />shown on Exhibit A to this Amendment. <br /> <br />9. Section 8.B - Schedule - is amended as follows: <br />a) the date in line 4 is changed to April 15, 2006. <br />b) The following sentence is added: The Public Parking Facility and <br />Streetscape shall be complete thirty (30) days prior to the first tenant to open to the <br />public for business, but in any event no later than April 15, 2006. <br /> <br />10. Section 8.E - Streetscape Schedule (New) <br /> <br />City and Agency acknowledge that, in order for the Developer to complete the <br />Streetscape portion of the Project by November 15, 2005: 1) City and Agency must <br />provide construction documents (plans and specifications) for the Streetscape to the <br />Developer no later than April 1, 2005 and 2) City and Agency must approve the <br />Construction and Reimbursement Agreement for the Streetscape work no later than <br />June 1, 2005. If City and Agency do not provide construction documents for the <br />Streetscape by April 1, 2005 or approve the Construction and reimbursement <br />Agreement for that work by June 1, 2005, City and Agency shall reasonably adjust the <br />date set forth in section 3.C.2, above, by which Developer must achieve Substantial <br />Completion of the Public Parking Facility and the Streetscape in order to be entitled to <br />receive the full amount of the undisbursed General Conditions and Contingency funds. <br />Reimbursement for costs of the Streetscape portion of the Project will be the subject of <br />a separate agreement between the City, Agency and Developer. <br /> <br />11. A new section is added to the Agreement, as follows: <br /> <br />Section 25 - Resolution of Claims. <br /> <br />A. Developer, City and Agency have agreed to compromise their respective <br />claims and enter into this Amendment No. One without admitting any fault or <br />responsibility for the alleged delays in completion of the Project, costs associated with <br /> <br />8 <br /> <br />n0727v1233786/0001 <br />
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