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= = _�� 8. b � <br /> Project S ofi Perfortnance attached to the DDA, this Aereement <br /> shall Se�llate �City art33g`ency shall reimburse Developer for pre-construction design costs <br /> — inca� by Dev�er as ot3be date of tertninaGon in acxordance with the Preconstruction <br /> Agreerti� , S_eveloper shall deliver all documents, plans, drawings, renderings, <br /> -�ys, s s�es a� d other papers, or copies thereof, inGuding drafts and working papers, in hard <br /> = copy ao�eleCt�'Lc `ormat, prepared by Developer or Developers Consultants pursuant to the <br /> = tertns of tt�preco�cuction Agreement as provided in the Preconstruction Agreement, and those <br /> =materials sh'�F be and become the property of City and Agency. � <br /> = B. �itle and ownership of the Public Parking Fadlity shall vest absolutely in City upon <br /> com�let�en-and acceptance of such improvements by City and Agency, and, prior thereto, title 4o all <br /> materiafs used in the construction of the improvements shall vest in the City upon payment of the <br /> amounts (other than Developer's fee) described in the Agreement. <br /> C. Developer shall not begin excavation or other work on the Project Site under this <br /> Agreement until and unless the City and Agency have issued a written Notice to Proceed. The <br /> Notice to Proceed will be issued, if at all, at the sole discretion of the City and Agency, on or before <br /> October 22, 2003 and only ff the following events have occurred: i) the City and Agency determine <br /> that they can relocate all tenants in a timely manner, and ii) Developer has satisfied the City and <br /> Agency of his ability to finance and complete the Retail/Cinema project, induding but not limited to <br /> providing documents requested by City and Agency. If the parties agree to extend this Agreement <br /> as provided in Sedion 9(C), below, the parties will establish a new time limit for issuance of a <br /> Notice to Proceed. <br /> ' 2. Scoae of Work. <br /> A. Developer shall be responsible for providing all personnel, equipment, materials and <br /> services, either itself or thruugh consultants and contrac:ors acceptable to City, to do all of the <br /> following: <br /> i. Construct the Public Parking Facility described in the DDA and in accordance with <br /> construction documents (construction plans and spe�cations) prepared by or on behalf of <br /> Developer pursuant to the Pre-Construction Agreement and approved by City and Agency; <br /> and <br /> , FormalEd: Fmh 9 Pt <br /> ' . oaisced: ssernio �a�e�000� <br /> 9/26/03 3 <br /> I a6H�7v?033786i000t <br /> .._ ..._---_...---------____--------_'-__---.�__--------'--------------------.; <br /> DBB 100903/Agr.147 � <br />