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written approval of request for change order by City, Developer shall deliver to <br /> City a change order in the required City form for mutual execution. <br /> (c) The Developer may issue written change orders to the City via email, mail, <br /> or by hand. Change orders shall not be effective until executed by the Developer <br /> and City. Upon mutual execution of such change orders Developer may commence <br /> the work described in the change order. Failure of City to execute and return to <br /> Developer any such change order within one (1) business day after receipt thereof <br /> shall constitute City's deemed approval of such change order, and, in such event, <br /> without further written notice from City, developer shall commence the work set <br /> forth in the change order. <br /> 2.2 Cost Participation <br /> 2.2.1 Cost Participation Amount. The City is paying for the Improvements in an <br /> amount not to exceed $2,340,876.46 for those portions of the work requested by the City <br /> as itemized in Exhibit "A." . If private engineers or consultants are required, those <br /> expenses shall be paid by the City of San Marcos. <br /> 2.2.2 Limits of Participation. Except as to the costs attributable to the oversizing <br /> of the Improvements requested by the City, the City's cost participation shall not exceed <br /> 30 percent of the Developer's total contract price for the Improvements. <br /> 2.2.3 Application for Payment. The Developer shall submit a written application <br /> for City participation payment after the City's acceptance of the Improvements. The <br /> application for payment to the City shall be for the lesser of the amount of the actual costs <br /> associated with the City's portion of the Improvements or the City's participation amount <br /> as stated in paragraph 2.2.1. The application for payment shall be in a form acceptable to <br /> City and must include a breakdown of actual costs of the Improvements with supporting <br /> documentation, including all payment receipts and any other documentation reasonably <br /> requested by the City to support the City's expenditure of public funds. <br /> 2.2.4 City Payment. Subject to all applicable ordinances, standards and <br /> processes, the City will pay its participation funds in one payment within 30 days after <br /> receipt of a complete (as determined by the City) written application for participation <br /> payment from Developer. <br /> 2.2.5 Payments to Subcontractors and Suppliers. The Developer shall be solely <br /> and exclusively responsible for compensating any of its contractors, employees, <br /> subcontractors,materialmen and/or suppliers of any type or nature whatsoever and insuring <br /> that no claims or liens of any type will be filed against any property owned by the City <br /> arising out of or incidental to the performance of any service performed pursuant to this <br /> Agreement. In the event a statutory lien notice is sent to the City, the Developer shall, <br /> where no payment bond covers the work, upon written notice from the City, immediately <br />