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2851499 <br />III IIIIIIIIIIIIII IIIIIIII 0492512007 02:45P <br />IIIIIIIIIIIIIiII <br />Iillliillllll <br />Boulder County Clerk, CO AG R 56.00 D 0.00 <br />interests of their respective present acid fiuture inhabitants and taxpayers. <br />COVENANTS <br />NOW, THEREFORE, for and in consideration of the premises and the mutual covenants <br />herein, the City and the District agree as follows: <br />ARTICLE 1 <br />DEFINITIONS <br />1.1 As used throughout tllis Agreement, these terms are defined as follows: <br />a. "Actual Capil:al Costs": those costs which are to be incurred for the <br />purpose of designing, constructing, :installing or acquiring the Project including, but not limited <br />to: <br />1. All costs of materials attributable to the actual construction or <br />acquisition of the Project, including all :related components and materials used therein. For those <br />items for which any construction contract provides that payment is to be made on a per unit <br />basis, the construction cost shall Y-e that amount actually paid pursuant to the construction <br />contract so providing, which sum should reflect the cost of the actual quantities used; <br />2. All labor costs incurred in the actual construction or installation of <br />the Project; <br />3. All costs attributable to the construction or acquisition of the <br />Project or any part or component thereof incurred as a result of change orders approved in <br />accordance with any construction contract; <br />4. All costs incurred for design engineering, construction engineering, <br />landscape architecture and enginee:ring;, soil testing and inspection, and systems testing and <br />inspection attributable to the Project; <br />5. All costs for construction administration and inspection, together <br />with any site or permit costs attributable to the Project, <br />6. Any other reasonable costs, expenses or expenditures associated <br />with the construction of the Project vncurred by the District. <br />Actual Capital Costs shall include reasonable and documented costs incurred by the District to <br />retain and compensate its own engineer and consultants, and shall include those costs associated <br />with the retention and compensation Hof the City's Engineer and consultants which may be <br />attributed to the Project and this Agreement. <br />An estimate of the Actual Costs (opi:rlion of probable costs) is attached hereto as Exhibit A. <br />b. "Benefited Area": means those six (6) parcels specifically identified in <br />Exhibit B, including the Bennett Parcel (identified as Property No. 1), the Hoyle Parcel <br />