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partnership ("IAC"), prior to execution of this Agreement which are in furtherance of the Agency's redevelopment goals for the Franklin Street Project Site: A. Agency, Shea, and IAC entered into an Agreement to Negotiate Exclusively dated January 29, 1998, as amended October 12, 1998 (the "ERN"), related to a proposed development of the Franklin Street Project Site. The ERN contemplates that Shea and IAC will develop the Franklin Street Project Site pursuant to a single disposition and development agreement ("DDA"). Notwithstanding their initial expectations, since entering into the ERN, Agency, Shea and IAC have determined that due to Shea's and IAC's different needs from Agency and different time frames anticipated for acquiring and developing the Shea Project Site and the IAC Project Site, respectively, which together comprise the Franklin Street Project Site, it is in the best interest of each of the parties to the ERN for Shea and IAC to enter into separate DDAs with Agency. Shea will cooperate with I~.C with respect to shared infrastructure from the Franklin Street Project as set forth in S~ction 108(A). B. Pursuant to and during the term of the ERN, Shea: 1. Conducted various preliminary studies to determine the feasibility of the Shea Project, including, but not limited to, planning, engineering, marketing, traffic, preliminary environmental, relocation and economic studies; 2. Engaged in prelimina~ discussions with certain property owners for the private acquisition of portions of the Project Site, entered into an agreement with W.L. Butler, an owner of Participating Parcels, and notified Agency that Shea may request Agency's assistance in acquiring the properties Shea has been unable to acquire or control as of the Effective Date; 3. Initiated the planning process for a Vesting Tentative Map, Planned Development Permit and Architectural Permit for the development of the Shea Project and commenced negotiations on the general terms and conditions ora Development Agreement with the City pursuant to Government Code Section 65864 et seq. (the "Development Agreement") (the "Project Approvals"); provided however, that notwithstanding theToregoing, Shea does not plan to submit any formal applications for the Project Approvals until after the Due Diligence Period provided for in Section 304 of this Agreement; 4. Agreed to pay or reimburse Agency for its share of the costs related to the implementation of the ERN, including, but not limited to, conducting preliminary work related to the appraisals for the Acquisition Parcels, a Relocation Plan for persons who may be displaced from the Franklin Street Project Site due to the Franklin Street Project and a Replacement Housing Plan for the low and moderate income residential units that may be removed from the Shea Project Site due to development of the Shea Project and the costs to implement such Replacement Housing Plan; 5. Advanced funds or agreed to advance funds to Agency for payment of Agency and City expenses necessary to comply with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and consultant services in connection with implementing the ER,N, including, but not 2 wc-21875