FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any claim involving the project and GRTC.
FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any claim involving the Tribal Transit Project and the Indian Tribe.
FTA Concurrence. If a legal matter described in section 44.b(2) or (3) of this Master Agreement involves the Project or the Recipient, FTA reserves the right to concur in any compromise or settlement, and
FTA Concurrence. The FTA is both a regulatory and funding agency for American transit authorities. Because the FTA’s funds are widely used to fund transit systems, the FTA has significant authority to determine the use and non-use of real estate owned by transit agencies. A vast majority of (if not all) Joint Development projects undertaken by WMATA will be in accordance with the FTA’s rules and requirements. Joint Development projects must be submitted to the FTA for its concurrence and the proposed developer plays little or no role in this process except to provide background information that may be necessary to obtain the FTA’s concurrence. WMATA coordinates with the FTA. The FTA’s review takes approximately three or four months from the time of submittal but may vary depending on project complexity. Joint Development Program Guidelines 13 In its review, the FTA will ascertain whether WMATA maintains “satisfactory continuing control” of the Joint Development site for transit purposes and that the property is used for XXX. Fundamentally, the Joint Development project must not compromise WMATA’s transit mission or operations. This requirement for “satisfactory continuing control” distinguishes Joint Development from dispositions of excess/surplus property. WMATA accomplishes “satisfactory continuing control” through a variety of easements and covenants customized to the particular site. For example, WMATA will retain rights for station entrances, rail right-of-way, bus loops, Kiss & Ride areas, public access, maintenance access, and the like. Agreements will require a covenant that the property be developed in accordance with the FTA’s requirements for XXX and WMATA-approved development plans. as well as require the developer not interfere with WMATA operations, and to indemnify WMATA against interference, etc. The easements and covenants will be recorded in jurisdictional land records and are intended to have priority over all other documents relating to that transaction, including deeds, ground leases and mortgages. EXHIBIT 3: Ethics and Integrity Certification
