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<br /> " , " . '" ,. - <br /> <br /> . I r" <br /> REPORT <br /> To the Redeýeloprnent Board <br />',- From the Executive Director <br /> May 10, 2004 <br /> Subject <br /> Downtown Public Parking Garage/Retail-Cinema Project - Amendment to Agreement for <br /> Consulting Services to Provide Land Acquisition and Other Related Real Estate Services <br /> Recommendation <br /> Approve the amendment to an agreement with Overland Pacific Cutler (formerty, Cutler & <br /> Associates), to continue to provide professional consulting services for the Downtown <br /> Public Parking Garage/Retail-Cinema Project authorizing a budget of $100,000 and <br /> authorize the Redevelopment Manager to execute the amendment. The services will <br /> include updated property valuations and goodwill appraisals to support eminent domain <br /> proceedings, as well as on-going negotiations and possible expert witness testimony. <br /> Appropriate $100,000 for the above services from the Agency's FY 03'-04' budget. <br /> Background <br />',-- On August 26, 2002, the Agency Board authorized a contract for professional consulting <br /> services to support site acquisition proceedings for the Downtown Retail-Cinema project. <br /> This contract was in support of the initial Disposition and Development Agreement (DDA) <br /> approved at a joint meeting of the City Council and the Redevelopment Agency (RDA) <br /> Board on January 29,2001 with Western Innisfree Ventures, now known as BHV Innisfree <br /> Ventures I, LLC, developers of the proposed Downtown Retail-Cinema project. This <br /> contract was originally with Cutler and Associates and later assigned, with Agency approval <br /> to Overland Pacific Cutler (OPC). <br /> On December 9, 2002, the City Council and RDA approved an Amended and Restated <br /> DDA with BHV Innisfree Ventures I, LLC, recently assigned to On Broadway Redwood City, <br /> LLC, for a revised project that included an underground public parking facility along with <br /> the retail-cinema project. OPC has continued to work with the City and Agency throughout <br /> this process. <br /> During this period, 23 former tenants have successfully been relocated (or chose to close <br /> their businesses) and five of six properties have settled on valuation. There are three loss <br /> of business good will claims pending from the original 23 tenants. Two claims have been <br /> settled. <br /> As OPC's work has not been completed due to pending litigation with some property <br /> owners and former tenants, it is necessary to amend the OPC contract to allow continued <br />',- support for these proceedings. It is anticipated that there may be a need for updated <br /> appraisals, both for land valuation and loss of good will claims. Additionally, expert witness <br /> Red/Agenda/OPC Amendment No.1 1 <br /> 050304/PW/cis <br />