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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R §303 Developer's Advance of the Agency's Acquisition Costs It is the intent of the parties that the Agency shall commence acquisition of the Acquisition Parcels immediately upon the date designated therefor in the Schedule of Performance. For this purpose, subject to the limitations set forth herein, the Developer shall advance, or cause to be advanced, to the Agency in the manner hereinafter set forth, as a combined advance and loan to the Agency for the purpose of acquiring the Acquisition Parcels, the sum of FOUR MILLION THREE HUNDRED THOUSAND DOLLARS ($4,300,000.00), an amount the parties estimate to be equal to the Agency's total cost of acquiring the Acquisition Parcels (the" Acquisition Costs"). For the purposes of this Agreement, the term "Acquisition Costs" is defined as follows: A. The purchase price for the real property, improvements, fixtures and equipment of any and all portions of the Project Site acquired by the Agency by direct purchase, together with all costs and expenses incident to such purchase, including, but not limited to, appraisal, title and escrow costs. B. All costs and expenses of acquiring the Acquisition Parcels or any portion thereof by eminent domain, including, but not limited to, filing fees, witness fees, court costs, deposits necessary to obtain orders of prejudgment possession, satisfaction of judgment, severance damages, loss of goodwill, pre -condemnation damages and attorneys fees. In the event any such action in eminent domain must be abandoned by the Agency due to the termination of this Agreement under any circumstance where Section 1009 provides that the Developer shall be responsible for the costs of abandonment, then the Developer shall further pay any and all costs associated with such abandonment, including any fees, penalties or damages which may be awarded in favor of condemnee against the Agency, except for fees, penalties and damages awarded which may be attributable to the Agency's own negligence, gross negligence or intentional misconduct. C. All reasonable costs and expenses incurred by the Agency in connection with the relocation of the occupants of the Project Site pursuant to California Government Code Section 7260 et seq. and applicable administrative regulations, and any applicable Federal laws and regulations. D. Reasonable fees and expenses of the Agency attorneys, financial consultants, engineers and other experts, the employment of which is reasonably necessary to effect the acquisition and assembly of the Project Site, including but not limited to the preparation and implementation of agreements, preparation and adoption of environmental documents, the review of design plans and construction drawings, and the relocation of the occupants of the Project Site. E. The costs of demolition of all surface and subsurface improvements that the Agency may agree to accomplish in a r