NEWPORT BEACH, CITY OF (5) -2015

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2.2 Payor shall make a single payment of Twenty Nine Thousand Four Hundred Sixty -Two Dollars and 67/100 ($29,462.67) to City by no later than June 30, 2015. 2.3 The total amount of compensation shall include a $10,000 contingency, for a total amount not to exceed Thirty Nine Thousand Four Hundred Sixty Two Dollars and 67/100 ($39,462.67). Any additional costs incurred by City beyond the initial compensation shall be based upon the 2014 population estimate attached hereto as Exhibit B. In addition, any Extra Work, as defined in the Professional Services Agreement attached hereto as Exhibit A, that would require the use of such contingency funds must be approved by the Payor's Executive Director of the Community Development Agency, or his or her designee, before said Extra Work is commenced and such costs are incurred by the City. No portion of the contingency will be paid by Payor to City without such prior authorization by the Payor for Extra Work, 3. CONTRACT ADMINISTRATION Unless otherwise designated in writing, City's Principal Planner, Community Development Department, shall serve as the City's Project Administrator for the payments made under this Agreement. All activities performed under this Agreement shall be coordinated with this person or his /her designee. 4. STANDARD PROVISIONS 4.1 Recitals. City and Payor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 4.2 Compliance with all Laws. Payor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 4.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 4.4 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 4.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Payor and City and approved as to form by the City Attorney. City of Santa Ana Page 2