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. - 2 " EXHIBIT "D" <br />CITY OF REDWOOD CITY <br />AND BHV INNISFREE VENTURES I, LLC <br />DOWNTOWN UNDERGROUND PUBLIC PARKING FACILITY PROJECT <br />PRECONSTRUCTION DESIGN SERVICES <br />The undersigned, David C. Irmer, a Developer Representative, hereby requests <br />payment for the reimbursable costs as referenced in the Amended and Restated <br />Disposition Agreement, Section 518 D, described in the Exhibits "A" through "C" <br />attached hereto. <br />In connection with this Payment Request, the undersigned hereby represents and <br />warrants to the City as follows: <br />1. He is the Developer Representative, qualified to execute this request for payment <br />on behalf of the Developer, and is knowledgeable as to the matters set forth <br />herein. <br />2. Each of the reimbursable costs described in Exhibits "A" through "C" has been <br />completed in accordance with the scope of services as described in the Amended <br />and Restated Disposition Agreement, Section 518 D. <br />3. The true and correct Actual Cost of each item for which payment is requested is <br />set forth in Exhibit "C ". <br />4. Attached hereto are invoices, receipts, worksheets and other evidence of costs <br />which are in sufficient detail to allow the City Engineer to verify the Actual Cost of <br />each item for which payment is requested. <br />5. To the extent that this payment request is with respect to a completed item of work, <br />the Developer has submitted or submits herewith to the City as -built drawings or <br />similar plans and specifications for the items to be paid for as listed in Exhibit "A" <br />hereto with respect to any such completed item, and such drawings or plans and <br />specifications, as applicable, are true, correct and complete, and, to the extent <br />applicable, has complied with all requirements of the Improvement Agreement. To <br />the extent that this payment request is for an Item, the Developer has in their <br />construction office a marked set of drawings or similar plans and specifications for <br />such Items as listed in Exhibit "C" hereto, which drawings or plans and <br />specifications, as applicable, are current and show all changes or modifications <br />that have been made to date. <br />6. There has not been filed with or served upon the Developer notice of any lien, right <br />to lien, or attachment upon, or claim affecting the right to receive the payment <br />requested herein which has not been released or will not be released <br />simultaneously with the payment of such obligation, other than materialsmen's or <br />Exhibit "D" <br />Page 1 of 2 <br />sftrary/underground parking garagelPammg Facility- Exhibits A.B,C 8 0 <br />