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4. The County has undertaken an appraisal of all lands and buildings on the Senator Block and will acquire title to all real estate and improvements on the black and undertake all negotiations required therein. 5, As part of the County's responsibility to manage the contract and act as lead agency, the County agrees to be responsible for the continuing remediation of the contaminated soils on the Chevron site a set forth in the purchase and sale agreement. The County further agrees •to use its own funds for remediarion and disposal of contaminated soils on other Senator Block properties owned by the County. B. District Resuonsibilities. 1. The District will purchase from the County, the real estate and improvements, land lease, oi~ air rights within the block at a price and on such terms and conditions as the parties may agree by negotiation~ 2. The District agrees to pay for all costs associated with the development and maintenance of that portion of the project to be retained and operated for the benefit of the District including, but not limited to, the bus mall, transit offices and other related facilities ("Transit Footprint") funded by the District with ETA funds on terms to be particularized in the final intergovemmental agreement. 3. Subject to and contingent upon the obligation and disbursement of funds by FTA, the District shall make progress payments to die County to cover the District's portion of the project obligations as funds are dispersed to the District by FTA. The District's portion of the project obligations shall be that portion of allowable costs as determined by ETA and authorized by ETA for funding. C. General Conditions. 1. It is understood that all agreements and conditions herein are subject to final approval by both parties of the funding, financial agreements and final design of the project. It is contemplated by the parties that this agreement will be further revised to conform to the final project design and such modifications or additional terms as may be required by ETA. 2. The private developer {"project coordinator") selected by the County and the District shall construct all facilities meeting the mutual designs, azchitectural, engineering and financial standards of the parties. (See letter of agreement, Exhibit A.) 3. Any revenue generated by movie, T.V. or video productions shall be reinvested in the Courthouse Square project, except to the extent such revenue is determined by ETA to be Program Income subject to the requirements of 49 CFR § 18.25 or the applicable grant agreement between ETA and the District, in wluch event such revenue shall be paid to the District. 4. To the extent that FTA has determined that the following provisions, or any of them, are applicable to the developer, and to the extent that application has not been waived by FTA, the developer sha11 comply with Buy America requirements (49 U.S.C. 5323(j) and 49 CFR Part 661); Seismic Safety requirements (42 U.S.C. 7701 et seq. 49 and CFR Part 41); the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et ~; Clean Air Act, as amended (42 U.S.C. §§ 7401 et ~: the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7); access to records and construction site pursuant to 49 CFR 633.17; applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form ETA MA (2) dated October, 1995) between the District and ETA , as they may be amended or promulgated from time to time during the term of the contract; bonding requirements; Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247; the Davis-Bacon Act Page 2- INTERGOVERNMENTAL AGREEMENT; Courthouse Square