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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 that <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, development and construction of <br />the relocation of the Reinforced Concrete Box Culvert on the Project Site and the <br />relocation of private utility lines thereon. <br />F. 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 />G. 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 Downtown Retail-Cinema and Parking Project <br />dated February 23, 2003. <br />H. 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 />I. The City, the Agency and Developer intend to enter into a Second <br />Implementation Agreement to Amended and Restated Disposition and Development <br />Agreement (the "DDA") for Downtown Retail-Cinema and Parking Project at the <br />meeting at which it enters into this Construction and Reimbursement Agreement for <br />Downtown 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 />Atty/Agr/Agr.147 <br />101403 Final <br />L. Beck <br />2 <br />