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among the PARTIES, and the method of payment of, the increased costs of <br />SERVICES resulting from the construction of the NEW SHELTER. <br />NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual <br />covenants and conditions contained herein and other consideration, the value and <br />adequacy of which are hereby acknowledged, the PARTIES agree as follows: <br />1. Design & Construct <br />1.1. COUNTY Responsibilities: COUNTY shall be responsible for the design; <br />preparation of all studies, analyses and documents necessary to deliver the NEW <br />SHELTER, including any CEQA environmental documentation; obtaining all <br />permits; administration; and construction of the NEW SHELTER. <br />1.2. Site: Construction of the NEW SHELTER is sited for the 10 acre area of land <br />on the Old Tustin Air Force Base located at the 1500 block of Armstrong <br />Avenue in Tustin, CA and identified on Exhibit A, attached hereto (the "SITE "). <br />1.3. Design Concept: COUNTY has developed the initial design concept of the <br />NEW SHELTER, attached hereto as Exhibit B. The design of the NEW <br />SHELTER is scalable based on usage needs. COUNTY shall use best efforts to <br />scale the final design of the NEW SHELTER to a size reasonably appropriate <br />for the total requirements of those CITIES that elect to be parties to this <br />AGREEMENT. <br />1.4. Project Development: COUNTY has or shall retain the services of a licensed <br />design -build contractor ( "CONTRACTOR ") to perform further design and all <br />engineering, planning, preparation of plans and specifications, and complete <br />construction of the NEW SHELTER, including construction management and <br />post - construction activities, pursuant to a written agreement between COUNTY <br />and CONTRACTOR, as the same may be amended from time to time (the <br />"CONSTRUCTION CONTRACT "). <br />1.5. Design Advisory Board: COUNTY shall establish a Design Advisory Board <br />(the "DESIGN ADVISORY BOARD ") to provide input to COUNTY regarding <br />the design of the NEW SHELTER. COUNTY shall, in good faith, reasonably <br />consider the input of the DESIGN ADVISORY BOARD in making <br />COUNTY'S determinations regarding the design of the NEW SHELTER. <br />Nevertheless, COUNTY is not bound to follow the recommendations of the <br />2 <br />