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Agreements 1. ACQUISITION OF PROJECT SITE; OWNERSHIP OF COMPLETED PUBLIC PARKING FACILITY; NOTICE TO PROCEED. A. The City has completed acquisition of, or holds order(s) of prejudgment possession for, the remainder of the Project Site. However, if City is unable to relocate tenants from the Project Site in accordance with the Schedule of Performance attached to the DDA, this Agreement shall terminate and City and Agency shall reimburse Developer for pre-construction design costs incurred by Developer as of the date of termination in accordance with the Preconstruction Agreement. Upon termination, Developer shall deliver all documents, plans, drawings, renderings, surveys, studies and other papers, or copies thereof, including drafts and working papers, in hard copy and electronic format, prepared by Developer or Developer's Consultants pursuant to the terms of the Preconstruction Agreement as provided in the Preconstruction Agreement, and those materials shall be and become the property of City and Agency. B. Title and ownership of the Public Parking Facility shall vest absolutely in City upon completion and acceptance of such improvements by City and Agency, and, prior thereto, title to all materials used in the construction of the improvements shall vest in the City upon payment of the amounts (other than Developer's fee) described in the Agreement. C. Developer shall not begin excavation or other work on the Project Site under this Agreement until and unless the City and Agency have issued a written Notice to Proceed. The Notice to Proceed will be issued, if at all, at the sole discretion of the City and Agency, on or before October 22, 2003 and only if the following events have occurred: i) the City and Agency determine that they can relocate all tenants in a timely manner, and ii) Developer has satisfied the City and Agency of his ability to finance and complete the Retail/Cinema project, including but not limited to providing documents requested by City and Agency. If the parties agree to extend this Agreement as provided in Section 9(C), below, the parties will establish a new time limit for issuance of a Notice to Proceed. Atty/Agr/Agr.147 101403 Final L. Beck 3