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., John Whittington April 1, 1998 Page 2 ,,,,. will enhance the effectiveness of tl~e Mass Transit Project and identify how the non-transit elements are physically or functionally related to the Mass Transit Project. The RFP should clearly disclose that the approval of the development is subject to FTA approval under the joint development policies. The development agreement must include a legally enforceable arrangement between the Transit System and the developer, which preserves the defined physical or functional relaUonship between the development and the Transit Facility ("continuing control"). The proposal must demonstrate that it will generate a revenue stream to Transit, the present value of which is equal to either the current market value or the appraised value of the property, taking the tughest and best transit use into account. The proposal should address travel time between the jomt develapment and transit facility, reasonable access between the develoQmeni and the transit facility, trip generation rates of the proposed development, and the transit system's share of those trips. Walking distances between the transrt faciliry and the development should be identified. The proposal should include a market and financial assessment of the development and its impact on the transit system, and documentation of the projected benefits for the transit system. When the proposal is selected and submitted to FTA, FTA will require a copy of the Joint Development Agreement, or other contractural artangement with the developer, the market and financial assessment of the development and its impact on the transit system, a statement of the outcome of planning and coordination between the development and the transit facility, and documentation of the projected benefits for the transit system, as well as the effective continuing control of the development for transit purposes. The RFP should also disclose that the FTA must deiermine whether and to what extent the various Federal rules will apply to the privately-funded, non-transit portion of the project. The applicability of the Federal requirements will be resolved on a case-by-case basis. Therefore, unless FTA determines otherwise, all of the FTA contract clauses will apply to the private development. With that background, I have a handful of specific comments. First, I recommend that the correct name of the Transit District, The Salem Area Mass Transit District, be used instead of Salem Transit District. In the third paragraph on page 1, the words "as part of a condominium agreement" should be deleted. The next sentence refers to a 50-year land lease, and I am not sure if that has been agreed to. In the second to the last paragraph on page 1, the first sentence refers to a partnership including the FTA. The reference to FTA should be deleted. On the second page, in secrion III 1, the RFP should explicitly describe the criteria for joiret development under the FTA policy. Similarly, in section III 2, the restriction on allowed uses pursuant to the continuing control requirement should be described. On the top of Qage 3, paragraph c, should state that uses must be physically or functionally related to the mass transit project, within the meaning of the FTA joint development policy. There is a typo in paragraph N on page 3, the word "min" should be "mir-d." The third paragraph frorn the bottom of page 3 relating to design flexibility should identify the constraint that the development must be physically or functionaily related to [he transit mall. In the next paragraph relating to access, it should provide that the development may not impede or impair access to the transit facility. On the other hand, it may be necessary to descnbe the transit facility's need to imQede or impair access for security reasons. On page 4, the evaluation criteria, as I have indicated above, needs to be all-inclusive, and needs to identify the relative importance. With regard to proposed business terms, the RFP will need to require proposers to provide all of the information required under the FTA joint development policies, including an analysis of the present value of all revenues and the market value or appraised value of the