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~R <br />~~ <br />C. City, Agency and Developer wish to define and resolve the obligations of the City <br />and Agency in connection with the requests described in paragraph B, above, based on <br />the terms and conditions set forth herein. <br />Now, therefore, the parties agree as follows: <br />MODIFICATIONS TO THE AGREEMENT <br />1. Section 3.A of the Agreement -Not to Exceed Parking Facility Cost - is deleted <br />and replaced with the following language: <br />City and Agency shall reimburse Developer for the actual Parking Facility Costs <br />(defined in Attachment 8 of the DDA) incurred by Developer and pay Developer a fee <br />(as defined in Section 3.D.2 of the Agreement) up to the amount of Eighteen Million Five <br />Hundred Seventy Six Thousand Five Hundred Dollars ($18,576,500.00) (the "Not-to- <br />Exceed Parking Facility Cost"). The Not-to-Exceed Parking Facility Cost consists of the <br />following costs and fees: <br />a) Cost of the Work, as defined in Section 3.B, including $16,948,783 <br />credit to City and Agency for the cost of constructing the <br />Project Foundation. This amount includes the agreed credit <br />for the garage foundation in the amount of Five Hundred and <br />Fifty Thousand Dollars ($550,000) <br />b) General Conditions and Contingency 451,217 <br />c) Testing & Inspection 245,500 <br />d) A/E support during construction 409,000 <br />e) Developer's Fee 522,000 <br />Not-to-Exceed Parking Facility Cost $18,576,500 <br />2 <br />770727v16 33786/0001 <br />