Special Project Oversight Committee (SPOC) Report #1

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4. The County has undertaken an appraisal of all lands and buildings on the Senuor Block and will acquire tide to all real estace and improvements on the black and undertake all negoaarions required therein. 5. As part of the Counry's responsibility to manage the contract and act as lead agency, the County agrees to be responsible for che continuing remediadon of the contaminaced soils on the Chevron site a set forth in the purchase and sale agreement. The Counry further agrees~co use ics own funds for rtmediation and disposal of contaminaced soils on other Senacor Block propenies owned by the Counry. B. District Resnonsibilities. 1, The District will purchase from the County, the real estate and improvements, land lease, oi~ air rights within the biock at a price and on such terms and condidons as the parties may agree by negodatioa 2. The District agrees to pay for all cosu associaced with the development and maintenance of that portion of the project co be retained and operated for the benefit of the Disuict including, buc not limiced to, the bus mall, uansit offices and other related facilides ("Transit Footprint") funded by the District with ETA funds on terms to be particularized in the final intergovernmencal agreement. 3. Subjecc to and conangent upon the obligaaon and disbursemenc of funds by FTA, the District shall make progress payments co the County to cover the District's porcion of the project obligadons as funds are dispersed to the Districc by FI'A. The District's portion of the project obligations shall be that portion of allowable costs as decermined by ETA and auchorized by ETA for funding. C. General Conditions. 1. It is understood that all agrecments and condirions herein are subject to final approval by both ~,,; pazties of the funding. financial agreements and final design of the project. It is conumplaud by the parties that this agreement will be furcher revised to conform co the final project design and such modifications or additional terms as may be required by ETA. 2. The privace developer ("project coordinator") selected by the County and the District shall construct all facilities meedng the mutual designs, architectural. engineering and financial stamdards of the parties. (See letter of agreement, Ezhibit A.) 3. Any revenue generaud by movie, T.V. or video productions shall be reinvested in the Courthouse Square project, ezcept to the eztent 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 which event such revenue shall be paid to the District. 4. To the extent that FTA has decemuned thac the following provisions. or any of them, are applicable to che developer. and to the extent that 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 requirements (42 U.S.C. 7701 et seq. 49 and CFR Part 41); the Federal Wacer Pollurion Control Act, as amended (33 U.S.C. 1251 et se ; Clcan Air Act, as amended (42 U.S.C. §§ 7401 et se : the Byrd Anti-I.obbying 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 direcrives, including without limitadon 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 promulgaced from time to time during the term of che contract; bonding requirements; Resource Conservadon 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 chey apply to the procurement of the items designated in Subparc B of 40 CFR Part 247; the Davis-Bacon Act Page 2- IlVTERGOVERNMENTAL AGREEMENT; Courthouse Square