Change Order dated as of February 20, 2004

EX-10.29 12 d13606exv10w29.htm CHANGE ORDER DATED AS OF FEBRUARY 20, 2004 exv10w29
 

EXHIBIT 10.29

         
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: 3
(Name and address)
   
Advanced Neuromodulation Systems, Inc. at Legacy
  INITIATION DATE: February 20, 2004
Business Park
   
6901 Preston Rd.
  PROJECT NOS.:
Plano, TX 75024
   
  CONTRACT FOR: General Construction
 
   
  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 follow’s:

Add for work indicated, in Rogers O’Brien Proposed Change Pricing items #:
2,7, 9, 10, 11, 13, 14, 15, 16, 17, 19, 20, 23, 24, 26, 27, 28, 29, 33, 35, 36, 38,

(Ref. Attached Exhibit “A” for breakdown and description)

Net Deduct for all revisions: One hundred ninety seven thousand eight hundred ninety five dollars $(197,895)

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
  $ 3,740,766  
 
   
 
 
The, (Guaranteed Maximum Price) prior to this Change Order was
  $ 11,551,894  
 
   
 
 
The (Guaranteed Maximum Price) will be (decreased):
       
by this Change Order
  $ (197,895 )
 
   
 
 
The new (Guaranteed Maximum Price) including this Change Order will be
  $ 11,353,999  
 
   
 
 
 
The Contract Time will be (unchanged) by zero (-0-) 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

NOTE:     This summary does not reflect changes in the Cantract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive.

© 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 can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, User Document: co 3 ans.aia-3/12/2004. AIA License Number 1005237, which expires on 10/7/2004.

Electronic Format G701/CMa-1992

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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                  02/20/04
  /s/ JOSEPH PATTI                     02/20/04

 
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             02/20/04
  /s/ KENNETH HAWARI             02/20/04

© 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 prosection. 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, expiration as noted below, User Document: co 3 ans.aia – 3/12/2004, AIA License Number 1005237, which expires on 10/7/2004.

Electronic Format G701/CMa-1992

2