Reso 1996-041 to 045 - Laserfiche WebLink

Home

5. Golden Gate Seafood will provide City with copies of all documents, studies, drawings, test results and all other information relevant to the Project prepared by, or caused to be prepared by, Golden Gate Seafood. 6. In the event the total cost of the Project exceeds or is projected to exceed Two Hundred Forty-four Thousand One Hundred Forty-four Dollars ($244,144) (the amount of the current estimate) the City and Golden Gate Seafood may determine, each in its sole discretion (which shall not be unreasonably exercised), whether to continue to carry out the Project. In this regard, City shall advise Golden Gate Seafood of the projected cost of each major phase of the Project in advance of undertaking each phase (for example, design, acquisition, environmental compliance and construction), and each party may determine at that time whether to proceed with the Project. Golden Gate Seafood shall have the right to comment upon any projected costs prior to the City committing to incur such costs. In the event that either party elects not to proceed to the next phase, Golden Gate Seafood shall nevertheless be responsible for its thirty percent (30 %) share of all costs and expenditures actually incurred by City to that point in connection with the Project. If City or Golden Gate Seafood determine that City will not carry out the Project, City shall immediately refund to Golden Gate Seafood the deposit tendered pursuant to Section 3 above, less any invoices due for work completed to date. If the City and Golden Gate Seafood determine to carry out the Project, Golden Gate Seafood shall remain liable for its portion of the actual total cost of the Project as set forth in Section 2 above, even should that cost exceed the estimated Project costs. Once the construction contract is actually awarded, no cancellation will be allowed by 3991001\202005.4 4