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Regular City Council Meeting Monday, February 23, 2009 Page 18 Community Development Director Patrick Trudgeon opined, that while this was an aggressive schedule, it had been in planning stages for over a year, and steps for infrastructure planning was nearing completion, with acquisition for right-of- way the next step. Mr. Trudgeon opined that the pending request for the 90-day Quick Take was a backstop measure to ensure the project stayed on schedule; however, he noted that conversations to-date with property owners found them supportive of this benefit to their properties and the greater Twin Lakes area. Discussion included potential variables and possible delays in the construction schedule and/or land acquisition; and the proposed payment schedule for Metro Transit through federal funds. City Attorney Scott Anderson noted the specific language in the agreement ac- knowledging that funding for the Metro Transit's portion of the infrastructure im- provements was coming through federal funds; and the provisions for the City's compliance with those federal requirements; and the City's obligation to keep this aggressive schedule for completion by year-end. Mr. Anderson noted that the Metro Transit was acting as a conduit, and was not intending to pay from any other funds beyond federal funds. Further discussion included language based on Acts of God or other unforeseen circumstances beyond the City's control; and potential risks to the City. Metropolitan Transit Representative, Patrick Jones Mr. Jones noted that the City Attorney's conduit example was a good one; and noted that the project was important to Metro Transit as well as to the City; noted that Metro Transit would only get paid by the federal government for in- voices from the City for infrastructure construction costs; and provisions of Sec- tion 11, page 15, related to obligations and responsibilities. Councilmember Pust noted that this provision didn't indicate paying more for land for right-of--way acquisition than it was worth. City Attorney Anderson concurred and noted that this was the reason staff had appeared before the City Council at a previous meeting to hire expert negotiators; and for providing an option for Quick Take Action to allow the improvements to move forward while condemnation procedures play themselves out in the court system, in accordance with standard procedures. Councilmember Roe expressed some concern with the agreement not providing reimbursement guarantees to the City. Councilmember Pust concurred, given the current economic situation and state of flux for all public budgets.