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. n8 -5 <br />CONSTRUCTION AND REIMBURSEMENT AGREEMENT FOR DOWNTOWN <br />UNDERGROUND PUBLIC PARKING FACILITY <br />THIS CONSTRUCTION AND REIMBURSEMENT AGREEMENT (the <br />"Agreement') is entered into this _ day of , 2003, by and between <br />the REDWOOD CITY REDEVELOPMENT AGENCY, a pu body, corporate and <br />politic (the "Agency "), the CITY OF REDWOOD CITY, arter city and municipal <br />corporation (the "City"), and BHV INNISFREE VENT C, a California limited <br />liability company, in which Cinema Square, LLC, a ifomia li liability company, <br />and Blake Hunt Ventures I, LLC, a Califom' ited liability co are the sole <br />members (the "Developer"). a, <br />A. The Agency is in the g.&es of impl ting the Redevelopment Plan for <br />Redevelopment Project #2, RedCommu edevelopment Project (the <br />"Plan "). <br />B. The Agengr�3Qyeloper 3 WCi )� -ered into an Amended and <br />Restated Dispositiorrand Development Adi (the "DDA ") for Downtown Retail - <br />Cinema and ParkmgProject (th�Project ") "oa= January 8, 2003, for the development of <br />a two -level retail -cinerga op and er ground public parking facility (the "Public <br />Parking Facilv-) within Ei�ea defined in the DDA as the "Project Site." Terms defined <br />in the DDA shall hav4$� same when used in this Agreement. <br />C._ In approvf44he DDA, both the City and the Agency determined that it <br />would not be- feasible or co st effective to competitively bid the Public Parking Facility <br />portion of the Project becaiJse the Public Parking Facility will be located directly beneath <br />the private improvements to be developed by Developer on an air rights parcel. As a <br />result, the public and private portions of the Project will be structurally and physically <br />interrelated with each other. As specified in the DDA, construction of the Public Parking <br />Facility on the Project Site is a necessary component of the Project. <br />D. As specified in the DDA, Developer will construct the Public Parking <br />Facility, and is responsible for overseeing the design, development and construction of <br />