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1 <br />2 <br />3 <br />4 <br />s <br />6 <br />7 <br />8 <br />9 <br />1a <br />u <br />12 <br />13 <br />14 <br />Is <br />16 <br />17 <br />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />2s <br />26 <br />AMENDMENT NO. 6 TO <br />COOPERATIVE AGREEMENT NO. C-6-0069 <br />each will cooperate and coordinate with the other in all activities covered by this Agreement and other <br />supplemental agreements." <br />2. Amend ARTICLE 4. DESIGN & CONSTRUCTION OF PROJECT, pages 3 and 4 of <br />26, paragraph D. Excess Developable Land, to delete in its entirety and, in lieu thereof, insert the <br />following: <br />"D. Excess Developable Land — In the event that there is excess property outside <br />what is required for the PROJECT per Exhibit C and per the Specific Plan as adopted in 1991 and as <br />amended from time -to -time, which can be developed; should the CITY sell the excess property, all <br />proceeds from the sale shall first be applied to any excess costs of PHASE I, PHASE II, PHASE III and <br />PHASE IV of the PROJECT, then any remaining sale monies shall be credited to the Agreement. <br />Additionally, any excess property not sold, which shall exclude all property defined as linear parks, shall <br />have its estimated value credited to the Agreement. Nothing contained herein obligates the CITY to sell <br />such remnant property or guarantees any particular amount of fund credited to the Agreement." <br />3. Amend ARTICLE 8. PAYMENT, page 8 of 26, paragraph B. Delivery of Invoice, as last <br />changed by Amendment No. 4, dated April 26, 2013 to delete in its entirety and, in lieu thereof, insert <br />the following: <br />"B. Delivery of Payment Request <br />1. As needed and supported by an AUTHORITY approved detailed cash flow <br />requirement, CITY may request payment from AUTHORITY in an amount compliant with amounts <br />specified in Exhibit D, entitled "Quarterly Maximum Obligation for Bristol Street Widening". CITY's <br />requests for payment shall be in writing, with two (2) copies submitted to AUTHORITY's Accounts <br />Payable Department and one (1) copy submitted to AUTHORITY's Project Manager. Payment requests <br />shall not exceed the quarterly maximum specified per quarter. Within ten (10) business days after <br />AUTHORITY's receipt of an acceptable request for payment, AUTHORITY will review the request for <br />payment for consistency and conformity with all requirements of this Agreement and issue payment to <br />CITY. AUTHORITY shall notify CITY of any amounts not approved for payment and specify the reason <br />L\CAMM\CLERICAL\WORDPROC\AGREE W MBC -6-0069 <br />Page 2 of 4 <br />