Change Order dated as of December 15, 2003

EX-10.28 11 d13606exv10w28.htm CHANGE ORDER DATED AS OF DECEMBER 15, 2003 exv10w28
 

EXHIBIT 10.28

         
CHANGE ORDER
  OWNER   x
CONSTRUCTION MANAGER - ADVISER EDITION
  CONSTRUCTION MANAGER   x
AIA Document G701/CMa - Electronic Format
  ARCHITECT   x
  CONTRACTOR   x
  FIELD   o
  OTHER   o

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.

     
PROJECT:
  CHANGE ORDER NO: 2
(Name and address)
    
Advanced Neuromodulation Systems, Inc. at Legacy
  INITIATION DATE: December 15, 2003
Business Park
    
6901 Preston Rd.
  PROJECT NOS.: General Construction
Plano, TX 75024
    
  CONTRACT FOR:
 
    
  CONTRACT DATE: 30 April, 2003
 
    
TO CONTRACTOR:
    
(Name and address)
    
Rogers O’Brien Construction Co., Inc.
    
1901 Regal Row
    
Dallas, TX 75235
    

The Contract is changed as follows:

Add for interior construction at high bay building and office building (reference attached Exhibit “A” for complete list of plans & specifications. In accordance with accepted alternates & contractor’s clarifications (ref. Exhibit “B”).

Add for interior construction at 2 story office building = $3,095,733

Add for interior construction at High Bay Building = $491,657

Net Add for all revisions: Three million five hundred eighty seven thousand three hundred ninety dollars $3,587,390

Not valid until signed by the Owner, Construction Manager, Architect and Contractor.

         
The original (Guaranteed Maximum Price) was
   $ 7,811,128  
 
    
 		  
Net change by previously authorized Change Orders
   $ 153,376  
 
    
 		  
The (Guaranteed Maximum Price) prior to this Change Order was
   $ 7,964,504  
 
    
 		  
The (Guaranteed Maximum Price) will be (increased) by this Change Order
   $ 3,587,390  
 
    
 		  
The new (Guaranteed Maximum Price) including this Change Order will be
   $ 11,551,894  
 
    
 		  
 
The Contract Time will be (increased) by ( as noted below ) days.
 
The date of Substantial Completion as of the date of this Change Order therefore is High Bay = March 5, 2004
     
 
  Office Building = May 1, 2004

© 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT G701/CMa - CHANGE ORDER - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: co 2 ans.aia – 3/12/2004. AIA License Number 1005237, which expires on 10/7/2004.

Electronic Format G701/CMa-1992

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NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive.
     
 
CONSTRUCTION MANAGER
  ARCHITECT
 
    
KDC-Legacy, L.P.
  Good Fulton & Farrell
 
ADDRESS
  ADDRESS
 
    
8411 Preston Rd. Suite 700
  2808 Fairmount, Suite #300
 
    
Dallas, TX 75225
  Dallas, TX 75201
 
BY                                                   DATE
  BY                                                   DATE
 
    
/s/ M. ROSAMUND                    12/15/03
   /s/ JOSEPH PATTI                       12/15/03
 
CONTRACTOR
  OWNER
 
    
Rogers O’Brien Construction Co., Inc.
  Advanced Neuromodulation Systems
 
ADDRESS
  ADDRESS
 
    
1901 Regal Row
  6501 Windcrest, Suite #100
 
    
Dallas, TX 75235
  Plano, TX 75024
 
BY                                                   DATE
   BY                                                   DATE
 
    
/s/ PRESTON MCAFEE              12/15/03
   /s/ KENNETH HAWARI             12/15/03

© 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT G701/CMa - CHANGE ORDER - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced, in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: co 2 ans.aia – 3/12/2004. AIA License Number 1005237, which expires on 10/7/2004.

Electronic Format G701/CMa-1992

2