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0/ � <br />the Public Parking Facility portion of the Project, pursuant to the terms and conditions <br />contained in this Agreement. <br />E. The City, the Agency and Developer have previously entered into the! <br />certain Construction and Reimbursement Agreement for Relocation of Reinforced <br />Concrete Box Culvert, dated April 8, 2003 (the "Culvert Relocation Agreement ") <br />providing for the Developer's oversight of the design, developgEwnt and construction of <br />the relocation of the Reinforced Concrete Box Culvert <br />he Project Site and the <br />relocation of private utility lines thereon. <br />F. The City, the Agency and Devel <br />certain Preconstruction, Design and Rei <br />Underground Public Parking Facility, d <br />Agreement ") which provides for the Develope <br />and engineering design and relate ices for <br />G. The City, the Agenc I <br />First Implementation Agreement Am <br />Development Agreeme DA ") f <br />dated February 23,,2U0 . <br />R <br />H. The the A y and D <br />certain Demolition, im <br />Public Parking-Facility (th 'te Clearing Agreei <br />0 ave prev5i@!K entered into that <br />I Agreemer��or Downtown <br />June 6, 003 (the ` � c onstruction <br />ro reconstruction, architectural <br />h lic Parking Facility. <br />per reviously entered into that <br />andI tated Disposition and <br />awn Cinema and Parking Project <br />have previously entered into that <br />ment Agreement for Underground <br />), dated August 21, 2003. <br />1. The City cy and Developer intend to enter into a Second <br />Implementation Agreenieiit to A "ended and Restated Disposition and Development <br />Agreement {the "DDA ") 4or Downtown Retail- Cinema and Parking Project at the <br />meeting at which it e into this Construction and Reimbursement Agreement for <br />Downtown Undergr Public Parking Facility. <br />J. Pursuant to the DDA, the City has initiated the process for the acquisition <br />of portions of the Project Site with the property owners. <br />K. 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 />