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-' ~08~19~96 16:~8 $5oa Sss o209 SaLE~ TR~1vSIT ~ 003 4. The Counry has undertaken an appraisal of all lands and buildings on the Senator Block and will acquire ride to all real estate and ~mpro~ements on the black and undertake all negoriations required therein- 5. As part of the County's responsibiliry to manage the contract and acc as lead agency, tl~e Counry agrees to be responsible for the condnuin~ remediation of the cont~uninatzd soils on the Chevron site a set forth in the pwchase and sale agreement. The County furcher agrees to use its own funds for remedia[ion and dtsposal of contaminated soils on other Senator Block properaes owned by the Counry_ B, District K~pons~bilities. 1_ The District will purchase from rhe Counry, the rea] estate and improvemenU. land lease, or air ri~hts within the block at a price and on such terms and condiuons 3s the parties may agree by negotiation. 2, The District agrees to pay for all costs associated with the development and maintenance of tha[ pordon of the groject to be retained and operated for the benefit of thz Dis~ict including, but not limited to, the bus mall, vansit offices and other reiated facilities ("Transit Footprint") funded by the District with FTA funds on terms to be particularized in the final intergovernmental aa eement. 3. Subject to and conangent upon the obligation and disbursement of funds by FTA, the Disti[ict shall make proaress p~yments to the Counry to cover the District's porrion of che project obligauons as funds are dispersed to the Disffic~ by FTA. The Disuict's portion of th~ pro~ect obligations shall be that portion of allowable costs as determined by FTA and authorized by FTA for funding. C. r~neral Canditions. 1. It is understood that all agreements and conditions herein are subject to final approval by both part~es of the funding, financial agreements and final design of the project_ It is contemplated by the patties that this agreernenc will be further reviszd to conform to the final project desib and such mod.ificauons or addiuonal terms as may be required by FTA. 2. The privaUC developer ("project coordinator") selected by the County and the DisIIict shall constntct all fac~ht~es IDeeting the mutual designs, architectural, engineering and financial standatds 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 Squaze project, except to the extent such revenue is determined by FTA to be program Income subject to the requiremeacs of 49 CFR ~15.25 or the applicable grant agreement between FTA and ihe DisaicG in which event such revenue shall be paid to the Dismct. 4. To. the extent that FTA has determined that the following provisions, or any of them, aze applicable to the de~eloper, and to the extent tbat application has not been waived by FTA, the developer shall comply with Buy America requirements (49 U.S.C. 5323(j) and 49 CFR Part 661); Seismic Safety requ~rements (42 U.S.C. 7701 et seq. 49 and CFR Put 41); the Federal Water Pollution Control Act, as amended (33 U.S.C. 12~1 ec se ; Clean Air Act, as amended (42 U.S.C. §3 74d1 ~ se - th~ Byrd Anti-Lobbying Amendment (31 U_S.C. § I352(b)(5} and 49 C.F.R. Part 19, Appendix A, Section 7); access co records and cons~uetion site pursuant to 49 CFR 6 3 3. 1 7; app lica b le F' T A reg u l a c i o n s, p o l i c i e s, p r o c e d u r e s a n d d i r e c t i v e s, including without limitation those listed directly or by reference in the Ab eernent (Form FTA MA (2) dated October. 1995) between the Disaict and FTA , as they may be amended or ptomuljatcd Page 2- INTERGOvERNMENTA~- AGREEMF.NT; Courthouse Squarc