I recently co-authored a new Transit Cooperative Research Program, Legal Research Digest 56, with colleagues Mac Nichols, Sarah Richards and Eric Peterson, on Joint Development Agreements for Transit Projects. I was the primary legal and contracts advisor on the team.  We produced a resource document to assist transit agencies  in navigating Federal Transit Administration (FTA) – assisted joint development (JD) and transit-oriented development (TOD) contracts.

This Digest provides a catalog of best JD/TOD procurement and contracting practices, and various model agreements, key clauses and provisions developed in cooperation with transit agencies. After surveying numerous transit agencies across the U.S., Washington Metropolitan Area Transit Authority (WMATA) had the best sampling of joint development documents, which they graciously produced as templates for the industry and are contained in Appendix C.

Most of the challenges uncovered during the research and stakeholder interview process resulted from: the lack of understanding of the steps, rules, and requirements of the FTA assisted process by regional transit agencies and; a lack of understanding of the FTA’s process by private developers. If we want to maximize the benefits of joint development in support of transit project, then developers, transit agencies and communities need to understand and embrace the process. Using all available tools, including leveraging public assets, will enable more projects to go forward.