O-2007-3024-D - Laserfiche WebLink

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e e other than the Project. Bach cost or expense included within the Project shall be paid entirely from funds controlled by the City. 18. City acknowledges and agrees that the EFPHOA's sole obligation under this Agreement during the construction of the Project is to contnoute funding for the costs of the Project to the extent stated in this Agreement, and the FPEHOA has not assumed any responsibility for the actual construction of the Project or the performance of the: work other than the contribution of funds as provided herein. The FPEHOA shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project or thereafter. 19. City may make such changes and amendments to the drawings and specifications within the general scope of the approved Project, as City deems necessary or desirable during construction of the Project. 20. Either the FPEHOA or City may terminate this Agreement, without cause, at any time prior to the letting of the Contract for construction of the Project, by written notice to the other party. After termination, neither party shall have any further obligations hereunder, except as follows: City shall return to the FPEHOA any unspent funds which the FPEHOA has paid to City hereunder prior to such termination, together with the interest earned on such funds. 21. Unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that the FPEHOA has available the maximum sum of $75,000 to satisfy its obligations under this Agreement. 22. Unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that City's obligation is limited to the estimated construction costs listed in Exhibit A and incorporated in this Agreement, to satisfy its obligations under this Agreement. 23. The FPEHOA and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to City's perfonnance under this Agreement during the period of performance of this agreement and for three (3) years thereafter or for so long as there exists any dispute or litigation arising from this agreement. 24. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. 25. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescnOed hereinbelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Agreement- City of La Porte and FPEBOA, Page 5 of7