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<br />G. The City, the Agency and Developer have previously entered into that <br />certain Preconstruction, Design and Reimbursement Agreement for Downtown 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 for Downtown Retail-Cinema and Parking Project dated <br />February 23, 2003 and that Second Implementation Agreement to the Amended and <br />Restated Agreement for Downtown Retail-Cinema and Parking Project dated <br />September 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 Downtown 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 />November 8, 2004, 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 and <br />Street Modifications. <br /> <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 /> <br />Atty/Agr/2005.072 <br />101105 <br />840847v12 33786/0001 LBack <br /> <br />3 <br />