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REPORT <br />To the Honorable Mayor and City C <br />And the Redevelopment Agency <br />From the City Manager and the Executive 10 <br />March 24, 2003 <br />(e- <br />Subject <br />First Amendment to the Construction and Reimbursement Agreement for Relocation of a <br />Reinforced Concrete Box Culvert in the Downtown area and appropriation of funds for the <br />culvert relocation <br />Recommendation <br />That the City /Agency approve the first Amendment to the Construction and Reimbursement <br />Agreement with BHV Innisfree Ventures I, LLC, developers of the Downtown Retail - <br />Cinema project, for demolition of an existing culvert and construction of a new concrete box <br />culvert in order to allow for future construction of an underground public parking garage <br />beneath the retail- cinema project and authorize the City Manager and the Redevelopment <br />Agency Executive Director to make any non - substantive changes and execute same. <br />That the Agency approve by resolution the appropriation of $3.7 million for the construction <br />of the culvert from the Redevelopment Agency budget. These funds are part of the $20 <br />million loan from the City to the Agency that will be paid back from a future Redevelopment <br />Agency bond issuance. <br />Background <br />On February 24, 2003, the City Council and Redevelopment Agency approved a <br />Construction and Reimbursement Agreement for relocation of a reinforced concrete box <br />culvert in the downtown area with BHV Innisfree Ventures I, LLC developer of the <br />Underground Public Parking Garage and the Retail- Cinema Project. This project is to be <br />located on the block bounded by Jefferson Ave., Broadway, and Middlefield Road (referred <br />to as Block 1). <br />Currently there are two 9 -foot wide storm drain box culverts (side -by -side) underlying Block <br />One, crossing it on a diagonal alignment as shown in Exhibit B (attached). It is necessary <br />to relocate this culvert in order to accommodate the underground parking garage. The <br />design and construction of the new culvert is integrally related to the design and <br />construction of the public parking garage, and therefore staff believes it is structurally and <br />physically impracticable and more economical to have the developers manage the <br />construction of this portion of the public parking garage project. For this reason, this work <br />need not be competitively bid. However, the project will be subject to the payment of <br />prevailing wages. <br />The attached amendment responds to minor technicalities regarding required security, <br />