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emo <br />To: Board of Director <br />From: R. G. Andersen-W koff <br />Date: October 26, 1998 <br />Re: Courthouse Square Development Agreement <br />Attached to this memorandum are the updated copies of the pages of the <br />Development Agreement and its attachments which represent the final <br />language agreed upon by the County and Transit attorneys and staff. These <br />should be substituted for the appropriately numbered pages in the bound <br />draft which was delivered to each of you last week. <br />Both John Whittington and I were involved in the negotiation of the terms of <br />this agreement and it has been approved as to form by FTA. The finalized <br />document will be forwarded to them this week for their final approval, <br />however, in this instance we should not delay our action pending FTA <br />approval. If FTA should recommend any changes we can make them. by <br />addendum. In the meantime it is essential to the continuation of the project <br />that the County and Transit have this formal agreement in place to guide <br />our respective actions. <br />The entire agreement was drafted by Ben Fetherston with specific care to <br />meeting the requirements of the FTA and, of course, keeping a vigilant eye <br />on the best interests of the District. In this case, however, the best interests <br />of either party were, for the most part, mutual. The agreement, therefore, <br />was negotiated in an atmosphere of mutual interest and benefit rather than <br />being adversarial. <br />~ <br />~ Page 1 <br />