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ORIGINAL <br /> SECOND AMENDMENT TO <br /> CONSTRUCTION AND REIMBURSEMENT AGREEMENT <br /> FOR RELOCATION OF REINFORCED CONCRETE BOX CULVERT <br /> <br /> THIS SECOND AMENDMENT TO CONSTRUCTION AND REIMBURSEMENT <br />AGREEMENT FOR RELOCATION OF R IEIEIEIE~FORCED CONCRETE BOX CULVERT <br />(the "Amendment) is entered into this oq~'"'~ay of July, 2003, by and between the <br />REDEVELOPMENT AGENCY OF THE CITY OF REDWOOD CITY, a public body, <br />corporate and politic, (the "Agency"), the CITY OF REDWOOD CITY, a municipal <br />corporation (the "City"), and BHV INNISFREE VENTURES I, LLC, a California limited <br />liability company, in which Cinema Square, LLC, a California limited liability company, <br />and Blake Hunt Ventures I, LLC, a California limited liability company, are the sole <br />members (the "Developer") (Collectively the "Parties"). <br /> <br /> RECITALS <br /> <br /> A. The Agency is in the process of implementing the Redevelopment Plan for <br />Redevelopment Project #2, Redwood City Community Redevelopment Project (the <br />"Plan"). <br /> <br /> B. The Parties entered into an Amended and Restated Disposition and <br />Development Agreement (the "DDA") for Downtown Retail-Cinema and Parking Project <br />(the "Project") on January 8, 2002, for the development of a two-level retail-cinema <br />project and an underground public parking facility (the "Public Parking Facility") within <br />an area defined in the DDA as the "Project Site." <br /> <br /> C. The Agency and City authorized the City Manager and Redevelopment <br />Agency Director to enter into a Construction and Reimbursement Agreement with <br />Developer on February 24, 2003 (the "Agreement") for the relocation of a reinforced box <br />culvert. <br /> <br /> D. On April 8, 2003 the Parties entered into a First Amendment to the <br />Agreement to clarify certain provisions related to security, insurance and <br />reimbursements. <br /> <br /> E. Approximately sixty-five percent (65%) of the culvert work has been <br /> completed. <br /> <br /> F. The Parties have determined that for all of the culvert work to be <br /> completed before the commencement of winter rains, certain buildings in the Culvert <br /> Path must be cleared of asbestos and demolished (the "Additional Work"). <br /> <br /> G. The Parties desire to amend the Agreement to provide for the completion <br /> of the additional work. <br /> <br /> F:AttylAgr/Amendculver2 <br /> 071603 1 <br /> <br /> <br />