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receive a reimbursement calculated by multiplying (i) the number of square feet of Assessable <br />Space for which the Cooperative Fee Developer has paid Residential School Fees. by (ii) (A) the <br />mount by which the total of the State Funds received by District for the School Facilities. less <br />related adminis~-ative expenses allowable by law. and Residential School Fees received by <br />District exceeds the mount as District determines will provide the School Facilities. or so much <br />of the School Facilities as are actually needed by District, divided by (B) the number of square <br />feet of Assessable Space within all Planned Residential Units for which building permits have <br />been issued. <br /> <br /> Section 2.5 Fees Not Exclusive. The fees set forth in Sections 2.1 and 2.2 of <br />this Amended Cooperative Fee Agreement are in addition to and cumulative with the further <br />obligations set forth herein and payment of said fees does not release the Cooperative Fee <br />Developers from any such further obligations. <br /> <br /> ARTICLE III <br />CONSTRUCTION OF NEW ELEMENTARY SCHOOL ON VINEYARD AVENUE. <br /> <br /> Section 3.1 School Construction. The Cooperative Fee Developers will <br />advance up to Eight Million Five-Hundred Thousand Dollars ($8,500.000) toward the design and <br />construction oftbe elementary, school on Vineyard Avenue ("Neal Elemental.,"). The parties <br />may agree mutually in writing to amend this Eight Million Five-Hundred Thousand ($8,500,000) <br />amount following consultation during and immediately after completion of the design phase of <br />the project. The Cooperative Fee Developers shall agree among themselves concerning the <br />proportion of each Cooperative Fee Developers' respective obligations. The Cooperative Fee <br />Developers will assume responsibility for designing, con~'acting for and funding the building of <br />Neal Elementary, including site preparation consistent with terms to be agreed upon by the <br />Cooperative Fee Developers and District. If the Eight Million Five-Hundred Thousand Dollar <br />($8.500.000) cost or other agreed-upon cost is exceeded for any reason other than changes <br />requested by the District following the issuance of the contract for construction, the Cooperative <br />Fee Developers will be responsible for that additional cost, without expectation of <br />reimbursement from District for that additional cost. <br /> <br /> Section 3.1.1 Amhitect. The Cooperative Fee Developers will retain District's <br />architect of choice to design Neal Elementary. <br /> <br /> Section 3.1.2 Standard of Desian and Construction/Separate Wrinen A~'eement. <br />Neal Elementary will be built to District's standards, consistent with the standards of the <br />elementary, schools already built under Exhibit "B" of this Amended Cooperative Fee <br />Agreement. District shall not be responsible for costs resulting from design or construction that <br />exceeds District's standards and is not requested by District. in the event that such costs exceed <br />the Eight Million Five-Hundred Thousand Dollar ($8,500,000) or other agreed upon cost for <br />Neat Elementary. Neat Elementary will be designed and constructed to accommodate 660 K-5 <br />grade students. The Cooperative Fee Developers and District will mutually agree upon the <br />design, layout and method of construction for the school, and District shall retain final authority <br />to approve of the design and method of construction to be utilized. The final terms of such <br />mutual agreement shall be set forth in a separate written agreement that will follow the <br /> <br />June 1, 2001 <br /> <br /> <br />