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G. The City, the Agency and Developer have previously entered into that <br /> certain Preconstruction, Design and Reimbursement Agreement for powntown Public <br /> Parking Facility, dated June 6, 2003 (the "Preconstruction Agreement") which provides <br /> for the Developer to provide preconstruction, architectural and engineering design and <br /> related services for the Public Parking Facility. <br /> H. The City, the Agency and Developer have previously entered into that <br /> First Implementation Agreement to Amended and Restated Disposition and <br /> Development Agreement (the "DDA") for powntown Retail-Cinema and Parking Project <br /> dated February 23, 2003. <br /> I. The City, the Agency and Developer have previously entered into that <br /> certain Demolition, Utility Relocation, and Reimbursement Agreement for Public Parking <br /> Facility (the "Site Clearing Agreement"), dated August 21, 2003. <br /> J. The City, the Agency and Developer have previously entered into that <br /> certain Construction and Reimbursement Agreement for powntown Public Parking <br /> Facility, dated October 23, 2003, which provides for the construction and <br /> reimbursement of costs of the Public Parking Facility. <br /> K. The City, the Agency and Developer have previously entered into <br /> Amendment No. One to the Construction and Reimbursement Agreement, dated <br /> , which further defined the parties' obligations in connection with <br /> construction of the Public Parking Facility. <br /> L. The City has contracted with the firm of Freeman Tung and Bottomley to <br /> design and prepare construction documents for the Streetscape Improvements. <br /> M. Except where expressly defined otherwise herein, capitalized terms used <br /> in this Agreement shall have the same meaning as set forth in the DDA. <br /> Aqreements <br /> 1. SCOPE OF WORK. <br /> A. Developer shall be responsible for providing all personnel, equipment, <br /> materials and services, either itself or through consultants and contractors acceptable to <br /> City, to do all of the following: <br /> i. Construct the Streetscape Improvements and Street Modifications <br /> described in the DDA and in accordance with Construction Documents prepared <br /> 3 <br /> 840847v8 33786/0001 <br />