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<br />5.1.2 The initial sum total of ($950,000.00,) Nine Hundred Fifty Thousand Dollars shall <br />be attributed to the design phase, with the remaining amount attributed to the construction phase. <br />Ownership in the signed and sealed 100% "Issued for Construction" set of Plans and Specifications <br />shall vest in the CITY once a permit is issued to commence construction. <br /> <br />5.1.3 The CONTRACTOR understands that the CITY is concerned with ensuring that an <br />Acceptable Vendor is found to lease the high-end restaurant space to be constructed as part of the <br />Project in accordance with a Lease/Development Agreement. To that end, the CONTRACTOR <br />agrees and warrants that it shall be the CONTRACTOR'S responsibility to locate and secure a <br />vendor, acceptable to the CITY, to occupy the high-end retail restaurant space within six months <br />from the date that this Agreement is signed or approved by the City Commission. Notwithstanding <br />anything to the contrary in this Agreement, the CONTRACTOR agrees that if the CONTRACTOR <br />is unable to locate and secure such a vendor, that the CITY shall have the absolute right to convert <br />to park area the 60,000 square feet of land leased ("Premises") to the CONTRACTOR. If the <br />Premises is converted to open space/park, the CITY agrees to pay CONTRACTOR the sum of <br />Seven Hundred Thousand Dollars ($700,000.00) for the design and construction of the Premises <br />into a great lawn identical to the great lawn reflected in the Project. The scope of the Project shall <br />be expanded to include the additional park area, and the Guaranteed Maximum Price shall be <br />increased to reflect the $700,000.00 for the design and construction of the Premises into a great <br />lawn. <br /> <br />ARTICLE 6 CONTRACTOR'S RESPONSffiILITIES <br /> <br />6.1 <br /> <br />Responsibilities - Construction Phase. <br /> <br />6.1.1 Consultation: CONTRACTOR will schedule and attend regular meetings and will <br />consult with CITY regarding site use and improvements, and the selection of materials, building <br />systems, and equipment. <br /> <br />6.1.2 Subcontractors and Suppliers: CONTRACTOR shall develop subcontractor interest <br />in the Project and shall furnish to the CITY, information, a list of subcontractors, including <br />suppliers who are to furnish materials or equipment fabricated to a special design. The receipt of <br />such list shall not require the CITY to investigate the qualifications of proposed subcontractors or <br />suppliers, nor shall it waive the right of the CITY later to object to or reject any proposed <br />subcontractor or supplier, and is furnished by CONTRACTOR to CITY for informational purposes <br />only. Subject to the rights of the CITY to purchase supplies and materials in furtherance of the <br />sales tax program as described in Article 6.16 hereof, CONTRACTOR shall have authority in <br />awarding subcontractors and purchase orders. <br /> <br />6.1.3 Extent of Responsibility: CONTRACTOR shall be responsible for the architecture, <br />engineering, construction and completion of the Project. <br /> <br />6.2 Guaranteed Maximum Price. <br /> <br />6.2.1 The Guaranteed Maximum Price is also subject to further reduction by an amount <br />8 <br />