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t -\ <br />by check dated October 28, 2005, for asbestos related work and a traffic <br />study: <br />a. Building and development fees required for the Additional Facilities; <br />b. The sum of $42,840.00 for design and construction administration (Robert <br />R. Coffee) of the north parking lot. <br />c. The cost of constructing the new, north parking lot pursuant to the plans <br />prepared by Bowers and approved by the City on September 6, 2005, <br />utilizing the money paid the City by the Steadfast Development Co. in the <br />in the land exchange agreement between the City and Steadfast <br />Development Co., which construction cost shall not exceed $1.2 million <br />without further agreement between the parties. <br />d. Up to $60,000 for traffic signal related work to assist the City in the <br />construction of a traffic signal at the entrance to the new, north parking <br />lot, as further provided in Exhibit A hereto. <br />Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards which may <br />reasonably be expected by City. <br />2. Except as expressly amended herein to permit the construction of the new parking <br />lot by Bowers and the traffic signal work, the Original Agreement and First Amendment <br />shall remain in full force and effect. <br />3. This agreement may be executed in two (2) or more counterparts, each of which <br />shall be deemed an original but all of which together shall constitute one and the same <br />instrument. <br />IN WITNESS WHEREOF, the parties have caused this Second Amendment of Amended <br />and Restated Operating Agreement to be executed by their duly authorized <br />representatives. <br />ATTEST: CITY OF SANTA ANA <br />Patricia E. Healy David N. Ream <br />Clerk of the Council City Manager <br />[Signatures continued on next page] <br />