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costs; (4) costs of construction insurance (including, without limitation, casualty, liability, theft <br />and workers' compensation insurance); (5) premiums for any bonds required to be provided by <br />the general contractor; (6) a construction management fee payable to CLC in an amount equal to <br />five percent (5 %) of the construction costs charged by the general contractor or by contractors <br />reporting to CLC and not to the general contractor; and (7) the costs and expenses incurred by <br />County in preparing the Detention Basin Specifications and the Detention Basin Improvements <br />Final Plans but excluding any salaries, benefits or overhead incurred by or attributable to County <br />employees. The preceding sentence to the contrary notwithstanding, Detention Basin <br />Construction Costs may include the cost of excavating and loading of soils and other excavated <br />materials, but shall not include costs of transporting and/or placing of soils and other excavated <br />materials from the Property to the CLC Parcel. <br />CLC shall not, without the prior written consent of the parties, <br />(a) agree to any change orders in connection with the construction of the Detention Basin <br />Improvements that exceed in the aggregate more than ten percent (10 %) of the original amount <br />of the construction price payable under the construction contract with the general contractor, or <br />(b) if CLC is the general contractor, agree to any change orders that increase the construction <br />price payable under the construction contract in an amount that exceeds in the aggregate more <br />than ten percent (10 %) of the original amount of the construction price payable under the <br />construction contract. <br />(B) Parties' Proportionate Shares of the Detention Basin <br />Construction Costs; Payments. Within ten (10) days following the date the Final Subdivision <br />Map is recorded in the Official Records of Alameda County, each party shall deposit its <br />Proportionate Share of the Detention Basin Construction Costs with Chicago Title Company <br />pursuant to the provisions of the Disbursement Agreement attached to this Agreement as <br />Exhibit D (the "Disbursement Agreement "). <br />During the course of construction of the Detention Basin <br />Improvements, in the event of any approved change orders and/or construction price increases <br />pursuant to Section 1.4(b)(iii)(A) that result in increases in the Detention Basin Construction <br />Costs, each party shall deposit with Chicago Title Company pursuant to the Disbursement <br />Agreement its Proportionate Share of the increases no later than ten (10) days following receipt <br />of CLC's notice of the change order and/or construction price increases. <br />The preceding provisions of this Section 1.4(b)(iii)(B) to the <br />contrary notwithstanding: <br />(1) County shall deduct from its Proportionate Share of <br />the initial Detention Basin Construction Costs the costs and expenses incurred by County in <br />preparing the Detention Basin Specifications and the Detention Basin Improvement Plans and <br />Specifications but shall not deduct any salaries, benefits or overhead incurred by or attributable <br />to County employees. <br />(2) CLC shall be responsible for and pay Hendrick's <br />Proportionate Share of the Detention Basin Construction Costs (including any payment required <br />by Section 1.4(b)(iv)). <br />000299.0044\1087426.6 5 <br />