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~ <br />(: <br />(xvi) Detailed cost estimate pertaining to the construction of the improvements as presented in <br />i the Design Development plans and specifications for review and comment only. <br />~` 1.16 "Disbursement Account" means the account to be established by the Review Committee <br />pursuant to Section 4.5(v). <br />~ 1.17 "Disbursement Account Funding Request" shall mean a request in a form approved and <br />~,' <br />prepared by the Review Committee and delivered to the County and the Transit District s~tting forth <br />the a~xount required to be deposited by each such recipient into the Disbursement Account <br />~^~ (including but not limited to any additional charge or credit as a result of an adjustrnent to a Party's <br />~ Respective Shaze pursuant to Section 4.5(iv) hereo fl for the purpose of paying approved Project <br />Costs, ~ <br />~ 1.18~ "Effective Date" shall mean the date of this Agreement. <br />1.19 "Environmental Standards" shall mean all federal state and local environmental laws and <br />~ ordinances and all rules and regulations promulgated thereunder, whether currently in effect or <br />enacted or amended from time to time in the fnture inclnding but not limited to RCRA (defined <br />herein), CERCLA (defined herein), the Safe Drinlcing Water Act, the Clean. Air Act, the Clean Water <br />Act, and the Toxic Substances Control Act, and also mcluding but not limited to any guid~lines, levels <br />~ and standards currently in effect or enacted or amended from time to time in the future by the <br />applicable federal, state or local regulatory authority for addressing any contamination of any sort in <br />soils. <br />~ 1.20 "Final Construction Plans and Specifications" shall mean all plans and specifications <br />required to complete the Project Improvements pursuant to the terms of tius Agreement, which will <br />have been approved by the Parties in accordance with the provisions of this Agreement and the <br />~ appropriate City agencies. <br />1.21 "General Constrnction Bndget" means the line item budget for the work to be performed <br />under the General Construction Contract for a firm, fized price in accordance with the general <br />~ construction contract awarded by the Parties on the basis of the lowest responsive bid, after publicly <br />solicited invitation for sealed bids. <br />1.22 "General Construction ContracN' means the contract approved .by the Review Committee as <br />provided in Section 4.5(iii) hereof to be entered into among the Parties and the General Contcactor <br />and providing for the construction of the Public Improvements for a firm, fixed price in accordance <br />with the contract awarded by the Parties on the basis of the lowest responsive bid submiued by a <br />responsible bidder, after publicly solicited invitation for sealed bids. <br />~ 1.23 "General Contractor" shall mean the firm that enters into the General Construction Contract <br />~ with the Parties. <br />1.24 "Ground Lease" means the ground lease of the Property by the County and the Transit <br />District, as fee owners, to the Private Party , as lessee, said ground lease being in the form of Ezhibit C <br />e ~ attached hereto. <br />`-'~ 1.25 "Guaranteed Construction Price" shall mean the maximum price for which the General <br />Contractor has agreed to build the Project Improvements pursuant to the General Construction <br />Contract, as such maximum price may be adjusted from rime to tune upon the approval of the Review <br />~ Committee as provided in Section 4.5(iv) hereof. The Parties acknowledge and agree that the <br />Guazanteed Construction Price provided for the General Construction Contract will only cover the <br />-~ construction of the Project Improvements, and not demolition and removal of the existing structtues <br />~{ on the Property or the costs of any environmental remediation that may be done on the Property. <br />Courthouse Square <br />Development Agreement <br />Page - 4 <br />t~"s <br />