2015 026 Ordinance - Laserfiche WebLink

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1. Reimbursement by District to Village. (a) The District agrees to reimburse the Village for any and all monies paid by the Village in connection with Change Order 001 to the Contract and the performance of Alternate #1. The District acknowledges that the estimated cost of Seitz performing Alternate #1 is $75,000.00 and, as such, the District has issued a purchase order for that amount. _ The District further-aeknowled es that _$75 000:00.is-onl _the estmated_-cost for. -- -~ - --- performing Change Order -001 and Alternate #1, -and expressly agrees to further- reimburse -the - - - - " Village for any amounts incurred for Change Order 001 and Alternate #1 in excess of $75,000.00 caused by unforeseen conditions. In the event unforeseen conditions are encountered during the performance of Alternate #1, the District agrees that the cost of resolving such unforeseen conditions will be determined in the same manner as set forth in the Contract, with cost determined between the Village and Seitz on a case-by-case basis consistent with industry standards. "Unit prices" as an alternate shall not be utilized. (c) Within a reasonable amount of time after payment by the Village of invoice(s) for the performance and completion of Alternate #1, the Village shall forward notice of such payment(s), including amount, to the District. Within 30 days of receipt of such notice, the District shall issue payment reimbursing the Village for the amount specified in the notice, and forward payment to the Village via regular or certified mail at the address identified in Section 4 below. 2. Access. The District agrees to cooperate with the Village and Seitz, and any of their agents and/or representatives, and agrees to provide access to the District's real property as is reasonably necessary to facilitate the work and certain improvements to be made in accordance with Alternate #1. It is understood between the District and the Village that such access is necessary for completion of the Mayfield Village Community Room Project, including Alternate #1. 3. Modifications. By mutual consent of the District and the Village, this Agreement may be modified whenever such modification is deemed necessary. Any such modifications to the Agreement shall be by written amendment signed by both Parties. 4. Entire Agreement. (a) This document constitutes the full and complete expression of the Agreement between the Parties and supersedes any prior or contemporaneous oral or written agreements. However, the Parties recognize that this Agreement in no way effects the Easement Agreement entered into between the District and Village concerning portions of real property owned by the District known as permanent parcel numbers 83 ] -15-013 and 831-15-014. No modification of this Agreement shall be binding upon the Parties unless set forth in writing and signed by both Parties, or their respective successors or assigns. (b) This Agreement does not intend to and shall not be construed to create any third- party beneficiaries. 2