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Tentative Timeline, continued

April 19, 2004

The city enters into a second contract with Pickus to complete the Genesee Theatre construction, a "design/build contract" that gives Pickus primary control of the project.

Joel Pickus, an officer of the Pickus company, is now the in-house architect with zero compensation.

The fixed project cost to complete the Genesee Theatre construction work is $13,156,533.

Pickus is to furnish the city with payment and performance bonds in the full amount of the contract sum within 3 days of the contract.

Substantial completion is to be achieved by September 15, 2004, and time limits are of the essence of the contract.

Substantial completion is when the city can occupy and utilize the work for its intended use.

If a delay is caused by an event outside of Pickus' control, then the contract time may be reasonably extended by a change order.

Any changes in the work are to be accomplished by a change order, a construction change directive, or a minor change approved by Pickus.


April 29, 2004


The governing board of the Friends of the Genesee accepts the "abrupt" and "unexpected" resignation of Ray Shepardson.


May 11, 2004


Pickus tardily furnishes the city with payment and performance bonds for its second contract in the amount of $13,156,533.


June 13, 2004


At a special meeting of the city council finance committee, Ray Shepardson states that he did not intend to resign, that comments he made about stepping aside were misinterpreted, and that a construction decision to put the heating/air conditioning on an upper floor of the theatre building interfered with plans to operate a significant revenue-producing catering business for corporate functions.

Mr. Shepardson addressed the finance committee after board members of the Friends of the Genesee reported that Mr. Shepardson had resigned for the good of the theatre, and that his overly ambitious programming plans had set the theatre up to fail.


June 21, 2004


The city council votes to bar Ray Shepardson from returning to the Genesee renovation project in any capacity, as he is reported to have been evicted from and locked out of the Genesee Theatre.


Early September, 2004


Steve Kolber resigns as executive director but says that he will stay on as "project manager" to complete the Genesee construction.


September 15, 2004


The Genesee Theatre construction work is not substantially completed as defined in and required by the second Pickus contract.

Pickus continues working after its second construction contract has apparently lapsed.

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