AgdaPkt 2003-10-27 - Laserfiche WebLink

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7 parties agree that to the extent the cost of the Approved Remodel plus 15% of Karen Chew's fees (including fees to date through completion of her role as project manager for the Approved remodel) exceed (a) the scope of the Original Proposed Work (defined as the cost of remodel based upon the original Deficiency List, a copy of which is attached hereto as Exhibit 3, plus (b) the cost of converting the garage at tht -Property to a bedroom), Habitat shall receive a dollar for dollar credit offset against the requested $50,000 mortgage reduction. It is our understanding. that Karen Chew's fees are estimated to reach $40,000 - $50,000. by the time the Approved Remodel project is completed. Habitat agrees to cap the credit for Karen Chew's fees at no more than 15% of $50,000 (i.e. $7,500) in the event her fees actually reach or exc0. The parties agree to the following process for calculating the Habitat credit andAt deterniT�irg the actual amount of mortgage reduction, if any. To determine the cost di£fOr a l betweerighe cost of the Original Proposed Work and the cost for the Approved Remode, the Z will usjte original Deficiency List plus the cost of converting the garage at ropegy to� and, line by line, create specifications for each of the items on the lisf§ jw th�rage conversion (the "Alternative Bid Specifications "). The maximum/minimu cle and turnaround requirements will be the same as in the curry ved and, as such, those specifications will reference the current plait_f Co ntrarf:hi di11 be asked to provide (1) one bid on the Approved Remodel plans, on - id as a bid alternative for the Alternate Bid Specifications, without adding r ial space to OF unit (except for the garage conversion within the garage space). Ate" open S a me veld for all bidders who will be allowed to walk through the Property at the_ ame time,_ given the same project descriptions by Karen Chew, and a date and time to sub mif9beir final btfs• Walters and any other residents of the Property will need to be out o _e i not pre sent during this time, although Walters' attorney may be present.0_ bserve3he iris if desired. Habitat representatives also will not be allowed to be presen TW&ill assure that bids are both realistic and competitive because all bi dder ill g_e same information and have no contact with either Walters or Habitat. 2.8 Wa and anAne acting directly or indirectly for any of them (other than Karen Chevv� d shafFhave no contact with the bidders, contractor or construction workers fmm theon of the bid process through completion of the Approved Remodel. Al sched "d co ordination shall be done by Karen Chew or her designee. 2.9= Within thirty (30) days following execution and delivery of this Agreement, the City v4 pay Walters' attorneys' fees in the amount of $10,000 directly to Scott Chang. -_ _ 2.10 In the event of any dispute arising out of or relating to this Agreement, the parties will submit to binding arbitration through JAMS. In the event of a dispute, if the parties to the dispute are unable to agree on a JAMS arbitrator, any party may request that JAMS appoint an arbitrator to resolve the dispute. The JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of the dispute shall be followed, unless the parties to the dispute agree otherwise. 2.11 Christine Walters has indicated that she may wish to install a "lift system" in the to be constructed downstairs bathroom. She has confirmed that the lift that she has PA \1032541 1.1 9999050 - 900139