Legal Aspects of Transit and Intermodal Transportation Programs. Topic 18-04. Joint Development Agreements Using FTA Funds or FTA-Funded Assets

The objective of this research is to produce a digest that addresses both FTA requirements for JD projects with FTA assistance or FTA-funded assets, and develops model provisions to include in JD agreements. As background, the report should discuss the essential requirements of the Circular referenced above - including definitions of JD and TOD, eligibility for a JD project, and the JD process - in order to help FTA grantees navigate the process. For example, what role does the FTA play in the process, and to what timelines should grantees adhere to receive any necessary FTA guidance or approvals? If there are other federal and state agencies providing funding, what role should they play (e.g., in the environmental process), and to what extent will the FTA accept their decisions? In determining appropriate provisions to be contained in a JD agreement, the author should consider the structure of the agreement (e.g., lease or sale), model provisions to ensure satisfactorily continuing to control and protect the federal interest, and assignment of risk. The author should identify and interview agencies that have undertaken JD projects to determine issues that have arisen in the solicitation of proposals and the negotiation of the agreement. In addition, the author should discuss lessons learned, including issues that became apparent post development that were not adequately addressed in the agreement (e.g., bankruptcy, enforcement, contamination, liens, foreclosures, insurance, maintenance, management). The report should include sample agreements, with special emphasis on transit-specific provisions that transit agencies have successfully negotiated to protect adjacent or future transit uses.

• Record URL:
  http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=4509

Language

• English

Project

• Status: Completed
• Funding: $70000
• Contract Numbers:

  Project J-05, Topic 18-04

• Sponsor Organizations:

  Transit Cooperative Research Program

  Transportation Research Board
  500 Fifth Street, NW
  Washington, DC    20001

  Federal Transit Administration

  1200 New Jersey Avenue, SE
  Washington, DC  United States  20590
• Project Managers:

  Chisholm-Smith, Gwen

• Performing Organizations:

  AECOM Technical Services, Inc.

  Minneapolis,   United States 
• Principal Investigators:

  Nichols, McDuffie

• Start Date: 20190401
• Expected Completion Date: 20190930
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Grant aid; Joint development; Legal factors; Transit operating agencies; Transit oriented development
• Identifier Terms: U.S. Federal Transit Administration
• Subject Areas: Administration and Management; Finance; Law; Public Transportation;

Filing Info

• Accession Number: 01659437
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project J-05, Topic 18-04
• Files: TRB, RIP
• Created Date: Feb 5 2018 5:21PM