Laserfiche WebLink
5. Everett agrees to ensure that all improvements, constructed by CT but owned by Everett, shall <br /> be continually and perpetually maintained to serve the Swift BRT II Project and shall be <br /> continually available for the Swift BRT II Project, unless and until Federal interest in these <br /> improvements is extinguished with FTA approval. <br /> 6. Everett acknowledges that Community Transit is the recipient of Federal grants through the <br /> Federal Transit Administration (FTA). Pursuant to FTA grant requirements, Community Transit <br /> must demonstrate and retain continuing control of the use of these federally assisted <br /> properties, right-of-way acquisitions, and constructed improvements to the extent satisfactory <br /> to FTA as described in FTA Circular's on Grant Management Requirements (FTAC 5010.1D, as <br /> amended or revised). Everett agrees that it will not exercise any right permitted under this <br /> Agreement in a manner which compromises or otherwise diminishes Community Transit's <br /> satisfactory continuing control over the use of Swift BRT II Project property, equipment, and <br /> improvements. Satisfactory continuing control is defined as the legal assurance that Project <br /> property, or its functional equivalent, will remain available to be used for its originally <br /> authorized purpose, as described in the applicable FTA grants,throughout its useful life or until <br /> disposition. Everett acknowledges the Federal interest in Project property and agrees that it <br /> will take no action which compromises or otherwise diminishes such interest. Everett further <br /> agrees and acknowledges to that any incidental use or any use of income generated from <br /> Project property requires prior FTA approval. <br /> Agreed to this day of iletaMttertilf116. <br /> Community Transit: City of Everett: <br /> VVv <br /> Emmett Heath Ray Step son <br /> Chief Executive Officer Mayor <br /> AP-•OVED i✓ T• FSRM <br /> Attachments: JAMES D.ILES,City Attorney <br /> A. Swift II BRT Project Everett ROW & Improvement Locations <br /> AT 47 ST: <br /> City Clerk <br /> Agreement: Everett-Community Transit, Swift II BRT Project Page 2 of 2 <br />