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Developer that portion of the funds deposited to fund the Pre-Acquisition Budget that has not <br />already been expended or obligated by the Agency for activities authorized under the Pre- <br />Acquisition Budget prior to the Notification Date or termination date, as the case may be. <br /> <br /> Pre-Acquisition costs shall include, but are not limited to, the following ("Pre- <br />Acquisition Costs"): <br /> <br /> 1. Cost of Appraisals. <br /> <br /> 2. Cost of the Agency's attorneys associated with implementation of this <br />Agreement, and of the Agency's eminent domain attorneys, including all costs associated with <br />obtaining rights of entry hereunder. <br /> <br /> 3. Consultant costs for data collection, interviews with displaced persons, <br />relocation needs assessment, preparation of a relocation plan for tenants, if any, of the <br />Acquisition Parcels. <br /> <br /> 4. Cost of the Agency's environmental consultants. <br /> <br /> 5. Cost of the Agency's fixture, equipment and goodwill appraisals. <br /> <br /> 6. Cost of the Agency's acquisition agent. <br /> <br /> B. Appraisals. The Agency shall hire an appraiser to complete appraisals to be used <br />in the Agency's offers to owners pursuant to Government Code Section 7267.2 for the <br />acquisition of each of the Acquisition Parcels (the "Appraisals"). The Appraisals shall be <br />conducted at the sole expense of Developer, provided that Developer has approved the portion of <br />the Pre-Acquisition Budget covering the Appraisals. The Appraisals shall be completed by the <br />Agency's appraiser within the time set forth in the Schedule of Performance. <br /> <br /> C. Meet and Confer. In the event that any party identifies potential impediments to <br />the feasibility of the Project at any time during the term of this Agreement, the parties shall <br />promptly meet and confer in good faith and use their best efforts to discuss and agree upon <br />mutual approaches to overcoming such impediments ("Meet and Confer"). Either party may <br />initiate a meeting for this purpose by notifying the other party in writing, in which event a <br />meeting shall be held within five (5) days. To the extent that either party determines that the <br />City's participation is necessary to resolve any potential impediments or other related issues, the <br />Agency may invite the City's participation. <br /> <br /> D. Return of Pre-Acquisition Budget Funds. Notwithstanding any other provision of <br />this Agreement, at any time after Developer shall have delivered to the Agency the Letters of <br />Credit (or Cash Deposit) in accordance with Section 307, Developer may request the return of <br />that portion of the Pre-Acquisition Budget funds not previously expended or obligated by the <br />Agency for activities authorized under the Pre-Acquisition Budget, together with all accrued <br />interest, if any, thereon; provided, however, that, if the Letters of Credit (or Cash Deposit) have <br />not been delivered to the Agency on or before the date set forth in the Schedule of Perfom;ance, <br />the Agency may continue to hold and proceed to charge Acquisition Costs against the Pre- <br />Acquisition Budget funds. <br /> <br /> §304 Development of Acquisition Budgelt <br /> <br /> On or before the date shown in the Schedule of Perfoanance for the development of an <br />Acquisition Budget, the Agency's attorney, eminent domain attorney and Developer will develop <br />(i) an Acquisition Budget which includes the estimated costs of the Agency's proceeding with <br /> <br /> 8 <br />DOCSSFl:495065.9 <br />9975-5 NWN <br /> <br /> <br />