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Agmt03 BHV Innisfree Ven... (3)
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Agmt03 BHV Innisfree Ven... (3)
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Last modified
2/6/2014 9:27:49 AM
Creation date
1/6/2004 12:08:54 PM
Metadata
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Template:
Agreement
Contractor Name
BHV Innisfree Ventures
PROJECT NAME
construction & reimbursement agmt - Garage
RMP File Number
100 bin 24
Date
10/23/2003
MO Ref
RD-03-28 RD-03-32
Amendment
Yes
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H. Developer shall provide City and Agency with complete copies of any or <br />all of its agreements with Contractors and Consultants upon written request. <br />I. Personnel of City and Agency shall have access to the Project Site at all <br />times during performance of the Services. Developer shall notify the Agency and the <br />City in writing as each of the activities described in section (A) (i) and (ii), above, has <br />been completed. <br />J. Maintenance of Work; Warranties. The Developer shall, directly or <br />through its Contractors, protect and maintain the Public Parking Facility in good and <br />safe condition until the Project is complete and the City and Agency have accepted the <br />Public Parking Facility. Prior to such acceptance, the Developer shall be responsible for <br />protecting the improvements and performing any required maintenance_at Developer's <br />sole cost and expense. Upon completion of the Public Parking Facility and payment by <br />the City in accordance with this Agreement, Developer shall assign to the City and <br />Agency all of Developer's rights in any warranties, guarantees, maintenance obligations <br />or other evidence of contingent obligations of third persons with respect to the Public <br />Parking Facility. Developer shall provide these warranties, guarantees and <br />maintenance obligations for the Public Parking Facility and all systems for at least one <br />year following acceptance by City and Agency. In addition, Developer shall provide City <br />and Agency with a complete set of "record" drawings" certified by the Developer's <br />engineer showing the location of the Work as installed. <br />3. FINANCIAL TERMS. <br />A. Not-to-Exceed Parking Facility Cost. <br />City and Agency shall reimburse Developer for the actual Parking Facility Costs <br />(defined in Attachment 8 of the DDA) incurred by Developer, up to a total of Seventeen <br />Million Four Hundred and Eighty Thousand Dollars ($17,480,000) (the "Not-to-Exceed <br />Parking Facility Cost"). The Not-to-Exceed Parking Facility Cost consists of the <br />following items: <br />Atty/AgrlAgr.147 <br />101403 Final <br />L. Beck <br />6 <br />
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