RES 01105 - Laserfiche WebLink

acceptance and execution of this Amended Cooperative Fee Agreement. Such separate written agreement shall address specific design and construction issues including, but not limited to. State standards for school construction, selection of a general contractor, applicability, of prevailing wages, warranties, inspectors of record, construction meetings, completion of construction and punch lists, close out of the construction project. District acceptance of the construction project, warranties and correction of deficiencies and insurance. Section 3.1.3 Timin~ of Design and Construction. The Cooperative Fee Developers have already as of the Effective Date commenced the process of design and 4511 commence construction as soon as feasible and use their best efforts to have Neal Elementary available for occupancy by students no later than August 1. 2002. If. despite the Coopemtiv~ Fee Developers' best efforts, it will not be possible for Neal Elementary. to be available for occupancy for the design capacity of 660 students by Augns! 1. 2002, the Cooperative Fee Developers may complete Neal Elementary School in two phases. In such event, the Cooperative Fee Developers shall then make their best efforts to complete Phase One (I) for occupancy by 440 students by August 1, 2002. The Cooperative Fee Developers shall then further make their best efforts to complete Phase Two (II) for occupancy by an additional 220 students by August 1. 2003. Construction on Neal Elementary shall not commence until a further written agreement is in place between the District and the Cooperative Fee Developers addressing the particulars of the design, method of construction and construction documents pursuant to section 3.1.2 of this Amended Cooperative Fee Agreement and until the plans for Neal Elementary have received final approval from the Division of State Architect. Said additional agreement shall also address all pertinent issues regarding District acceptance of Neal Elementary. and close-out of the Neal Elementary construction project. These terms shall include, but not be limited to. a final job walk by District, process for acceptance of the project by District. treatment of punch list items, assignment of warranW rights to District. District rights and Cooperative Fee Developers' responsibilities relative to subcontractors and material suppliers, and transference of ownership of all improvements constructed at the Neal Elementary site to District. Section 3.2 Provision of Site. District will provide the site for Neal Elementary. The Cooperative Fee Developers will not be responsible for the cost or installation of the District's share of off-site infrastructure for Neal Elementa.D.' School. The cost of District's share of off-site infrastructure, including but not limited to the cost of the newly aligned Vineyard Avenue, shall be covered by separate agreement with homebuilders other than the Cooperative Fee Developers. For the purposes of this Amended Cooperative Fee Agreement, "off-site infrastructure" shall consist of all utilities, including but not limited to gas. electricity and water, as well as roads located outside of the metes and bounds of the properS., owned by the District. Section 3.3 Design and Construction Cost Repayment to Cooperative Fee Developers. It is the intent of the District and Cooperative Fee Developers that the District repay the Cooperative Fee Developers for the cost of Neal Elementary. in an amount not to exceed Eight Million Five Hundred Thousand Dollars ($8,500,000), or such other amount as agreed to pursuant to Section 3.1 of this Amended Cooperative Fee Agreement, consistent with the terms set forth below. Section 3.3.1 Timeline for Repayment. District will repay the Cooperative Fee Developers from Residential School Fees and other collected school impact fees for the June ]. 2001