Agmt03 BHV Innisfree Ven... (3) - Laserfiche WebLink

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~.- AMENDMENT NO. ONE TO CONSTRUCTION AND REIMBURSEMENT AGREEMENT FOR DOWNTOWN PUBLIC PARKING FACILITY This Amendment No. One modifies the Construction and Reimbursement Agreement for Downtown Public Parking Facility between the City of Redwood City, the Redevelopment Agency of the City of Redwood City, and ON BROADWAY REDWOOD CITY, LLC, a California limited liability company as assignee of the interests of BHV Innisfree Ventures I, LLC, dated October 23, 2003 (the "Agreement"), and is made this day of November, 2004. In the event of any conflict between the provisions of the Agreement and this Amendment, this Amendment shall govern. Where any provision of the Agreement is modified by this Amendment, the unaltered provisions shall remain in effect. The Exhibits referred to herein correspond to and supplement the Exhibits to the Agreement, unless otherwise indicated. Defined terms in the Agreement shall have the same meaning in this Amendment, and vice versa. RECITALS A. Developer's Services include construction of the Public Parking Facility as described in the construction documents prepared by International Parking Design dated June 1, 2004 as modified by Change Orders 1-4, inclusive, and Change Order Requests 1 through 86, inclusive. B. In the course of the Project, Developer has presented the City and Agency with requests to increase the Not-to-Exceed Parking Facility Cost on account of, among other things, changes in the design of the Public Parking Facility, delays in construction of the Public Parking Facility attributed to PG&E work in connection with the Project, weather delays, increased material prices, and other circumstances, some of which are described in Change Order Requests No. 1 through 86. A summary and description of these Change Order Requests is attached to this Amendment as Exhibit A. ..- 770727v16 33786/0001