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<br />4. Premises. From and after the Effective Date, the Additional Facilities shall be <br />and become part of the Premises, as defined in the Original Agreement. <br /> <br />5. Allocable Internal Administrative Costs. From and after the Effective Date, the <br />Allocable Internal Administrative Costs of Bowers for the remainder of the fiscal <br />year in which the Effective Date occurs shall mean the amount computed in <br />accordance with Section 1.01(0) of the Original Agreement as of such date plus <br />such additional internal administrative costs associated with the operation of the <br />Additional Facilities. Thereafter such costs shall be adjusted annually as provided <br />in the Original Agreement. <br /> <br />6. Name. Notwithstanding Section 3.02(a) of the Original Agreement, the <br />Additional Facilities may be named and known as a wing of the Charles W. <br />Bowers Museum named after a benefactor of the Museum. <br /> <br />7. Management Compensation. As soon as reasonably practical after the Effective <br />Date, Bowers and the City shall agree upon the reasonable increase in the amount <br />the City pays annually to Bowers pursuant to Section 4.07 of the Original <br />Agreement to reflect the increased cost of maintaining the Premises with the <br />addition of the Additional Facilities. This amount shall be payable in connection <br />with the period from the Effective Date to the end of the Fiscal Year in which the <br />Effective Date occurs, and thereafter the amount shall be determined in <br />accordance with Section 4.07 of the Original Agreement, including costs <br />associated with the Additional Facilities. From and after the Effective Date, the <br />costs of Capital Repair and Replacement under Section 4.07(e) of the Original <br />Agreement shall include such costs associated with the Additional Facilities. <br /> <br />8. Proiect Developments Costs. Immediately upon approval of this Agreement, the <br />City Manager is authorized to payor reimburse to Bowers the following amounts <br />related to development of the Additional Facilities: <br /> <br />a. Up to $100,000 in predevelopment costs incurred by Bowers; <br />b. Building and development fees required for the project; <br />c. That amount for design of the north parking lot as called for in the land <br />exchange agreement between the City and Steadfast Development Co. <br /> <br />IN WITNESS WHEREOF, the parties have caused this First Amendment of Amended <br />and Restated Operating Agreement to be executed by their duly authorized <br />representatives. <br /> <br />[Signatures on next page] <br /> <br />2 <br /> <br />--- <br />