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Home My WebLink AboutContract 55125 CSC No.55125 DEVELOPER FUNDING AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES OF WAYSIDE HORN FOR UNION PACIFIC RAILROAD CROSSING ID 275252L AND ID 848190B THIS AGREEMENT(this"Agreement")is by and between CRP/SCP Hampton Owner,L.P.,a Delaware limited partnership,authorized to conduct business in Texas,hereinafter referred to as"Developer",and the City of Fort Worth,hereinafter referred to as"City"(each of Developer and the City,a"Party"). WHEREAS, Developer, is the owner of land being developed as a residential community commonly known as The Jameson at the Bluffs in the City of Fort Worth, Tarrant County, Texas, more fully described in Exhibit A attached hereto(the"Property"); and WHEREAS, in order to serve the Property, Developer desires a quiet zone consisting of a railroad wayside horn at the intersection of Cold Springs Road and Union Pacific Railroad Crossings ID 275252L and ID 848190B,hereinafter referred to as"the Project"as shown in Exhibit B; and WHEREAS,Developer requests that City coordinate with Union Pacific Railroad("UPRR")to conduct preliminary engineering services such as diagnostic meetings, design review and appropriate quiet zone implementation measures for the proposed Project to determine feasibility; and WHEREAS,UPRR requires City to enter into a Preliminary Engineering Agreement("PE Agreement") in the contract amount of$25,000.00 to conduct the preliminary engineering services; and WHEREAS,Developer will contribute the amount of$25,750(the"Contribution")to the City to cover the costs of the UPRR PE Agreement and City staff costs in the amount of$750.00; NOW THEREFORE, in consideration of the above recitals and the promises and covenants herein, City and Developer do hereby agree as follows: 1. Developer will pay the Contribution to the City within 10 days after the City fully executes this Agreement. 2. Developer's Contribution to the City shall be the entire amount of Developer's obligation for its costs related to the preliminary engineering for the Project described herein, including City's administrative costs to process the agreements,field diagnostic meetings,and design review. 3. City agrees to comply with the terms of the PE Agreement and use its commercially reasonable efforts to enforce the obligations of UPRR under the PE Agreement. 4. This Agreement shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties hereto, and may not be amended except by a writing signed by all parties and dated subsequent to the date hereof. This Agreement will be construed under, governed by and enforced in accordance with the laws of the State of Texas(without reference to conflicts of laws princniples). Dev Funding Agreement Page 1 of 6 OFFICIAL RECORD Quiet Zone-Cold Springs Road at UPRR Crossing ID Number 275252L and Number 848190B CITY SECRETARY FT. WORTH, TX If Developer or any subsequent owner transfers the Property or any portion thereof prior to the performance of all obligations of the Developer hereunder,Developer or such transferring owner shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this Agreement performable from and after the date of transfer. From and after the date of such transfer, the transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further obligations under this Agreement,with respect to the Property or portion thereof transferred. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed by email exchange of pdf signatures. 5. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2)delivered by electronic transmission, confirmation requested, or(3)when mailed by the sending Party via the United States Mail,registered,return,receipt requested,addressed as follows: City of Fort Worth CRP/SCP Hampton Owner,L.P. Attn: Dana Burghdoff,Assistant City Manager Attn: Brandon Hopkins 200 Texas Street 2722 Routh Street Fort Worth,TX 76102-6311 Dallas,TX 75201 Facsimile: (817)392-8654 Facsimile: (717) 679-2919 With Copy to the City Attorney. [Signature pages follow] Dev Funding Agreement Page 2 of 6 Quiet Zone-Cold Springs Road at UPRR Crossing ID Number 275252L and Number 848190B Executed by each party's duly designated and authorized representative;effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH,TEXAS: DEVELOPER: Dana Burgh doff By. Dana Burghdoff an4,202116:42CST) CRP/SCP HAMPTON OWNER,L.P., Dana Burghdoff a Delaware limited partnership Assistant City Manager Date: Jan 4,2021 By: CPR/SCP Hampton GP,L.L.C., a Delaware limited liability company, its general partner By: CPR/SCP Hampton Venture,L.L.C., a Delaware limited liability company, its sole member By: StoneHawk Hampton,L.L.C., a Delaware limited liability company, its authoriz me ber By: Brian oidneek Vice President Date: APPROVAL RECOMMENDED: By: William Johnso (Jan4,202111:30C5T) William M.Johnson,Director Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: By: -Black(Jan 4,202111:58C5r Douglas W.Black Senior Assistant City Attorney FORM 1295: N/A OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Dev Funding Agreement Page 3 of 6 Quiet Zone-Cold Springs Road at UPRR Crossing ID Number 275252L and Number 848190B CONTRACT AUTHORIZATION M&C:N/A Date Approved: N/A pF°F�R?dad °° ° ATTEST: '�� O��OiIG/lR' Goff ° g=� By:-for Ronald P.Gonnik(Jan 4,2@31/U2 CST) O Mary J.Kayser �aa °°°°°°°°°°°° a� City Secretary azj nEXASoO CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. By: 660�- Chad Edwards Regional Mobility and Innovation Officer OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Dev Funding Agreement Page 4 of 6 Quiet Zone-Cold Springs Road at UPRR Crossing ID Number 275252L and Number 848190B Exhibit A The Property Lot 1R, Block A, Lot IR, Block B, Lot 1R, Block D and Lot IR, Block E of ISAAC FOSTER'S ADDITION, an Addition to the City of Fort Worth, Texas, according to the map or plat thereof filed August 30, 2019, under Clerk's File No. D219197351, Official Public Records, Tarrant County, Texas. Dev Funding Agreement Page 5 of 6 Quiet Zone-Cold Springs Road at UPRR Crossing ID Number 275252L and Number 848190B Exhibit B The Proiect (Note: U.S. DOT Number 848190E is the adjacent spur track and is not included in the wayside horns for 275252L. Trains will continue to blow the horn when switching to and crossing 848190B in accordance with railroad operating and safety rules.) Road Characteristics Rail Characteristics Classification Urban Local Number of Tracks I+I Number of Lanes 2 Total Trains Regular: 24 ? Switching: 0 Average Daily Traffic 1,209 Warning Device Lights-Bells-Gates (2) Traffic Year Constant Warning Pred. Quiet Safety Measure Wayside Horns Other Rail Leggett and Plant industry spur on east side. Traffic Signal None Pedestrian None Recommendation Three wayside horns. one on each leg of Cold Springs Road and one facing down Hampton Street 4. 40 COLD SPRINGS RD 77 U.S. DOT 848190B yr t • M -w Dev Funding Agreement Page 6 of 6 Quiet Zone-Cold Springs Road at UPRR Crossing ID Number 275252L and Number 848190B Q n k ___-Subdivision. Choctaw.--D # 275252D El k r to : 0f TS St 701 Hampton ► �' N ' Proposed No n-St + Developmen g I JY ., U.S. DO COLD SPRINGS RD h _ U.S. DOT 848190E City of Fort Worth, Texas Mayor and Council Communication DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0959 LOG NAME: 20UPRR WAYSIDE HORN ID 275252L SUBJECT (CD 8 and CD 9)Authorize Execution of Developer Funding Agreement for Preliminary Engineering Services of Wayside Homs;Adopt Appropriation Ordinance to Increase the Developer Contribution Fund for the Union Pacific Railroad Wayside Horn Project in the Amount of $25,750.00;and Authorize Execution of Reimbursement Funding Agreement with Union Pacific Railroad in the Amount of$25,000.00 to Conduct Preliminary Engineering Services of Wayside Horn RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Developer Funding Agreement for preliminary engineering services of Wayside Horn; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund in the amount of$25,750.00,from developer contributions,for the purpose of funding the Union Pacific Railroad Wayside Horn project(City Project No. 103105);and 3. Authorize execution of reimbursement funding agreement with Union Pacific Railroad in the amount of$25,000.00 to conduct preliminary engineering services of Wayside Horn(City Project Number: 103105). DISCUSSION: In early 2016,StoneHawk Capital Partners, LLC expressed an interest in a quiet zone(s)to address train horn noise concerns associated with potential multifamily development in the area of Cold Springs Road and Peach Street crossings. In March 2016,an on-site Diagnostic Review Team meeting was conducted to discuss a proposed quiet zone on Cold Springs Road at Union Pacific Railroad crossings 275252L(Cold Springs West)and 598323Y(Cold Springs East). The City of Fort Worth was in the process to close the Peach Street crossing. Therefore,the team assumed Peach Street is closed as part of the establishment of a quiet zone. The team determined that in order for a quiet zone to be established,Supplementary Safety Measures(SSMs)must be implemented at the Cold Springs rail crossings. In 2019, Peach Street crossing was closed. On July 7,2020,a second on-site Diagnostic Review Team meeting was conducted to review the 2016 team recommendations to move the project forward. The team recommended focusing on implemention of Wayside Horns at Union Pacific Railroad crossings 275252L(Cold Springs West)was in the best interest for all to reduce train noise. The team discussed the adjacent spur track crossing 848190B and decided not to include this crossing in the Wayside Horns for 275252L(Cold Springs West). Trains will continue to blow the horn when switching to and crossing 848190B(adjacent spur track)in accordance with railroad operating and safety rules. Next steps include Union Pacific Railroad conducting preliminary engineering for Wayside Horns at railroad crossing 275252L(Cold Springs West)in the approximate amount of$25,000.00. In addition,city staff project costs in the amount of$750.00. The developer,StoneHawk Capital Partners, LLC will contribute$25,750.00 to the City of Fort Worth to cover both Union Pacific Railroad and City of Fort Worth costs. Execution of a Developers Agreement between StoneHawk Capital Partners, LLC and the City of Fort Worth is necessary to accept the funds from StoneHawk Capital Partners, LLC. Execution of a second Funding Agreement between the City of Fort Worth and Union Pacific Railroad is necessary to transfer$25,000.00 to Union Pacific Railroad to conduct preliminary engineering services. Upon completion of preliminary engineering services,if Union Pacific Railroad,the City of Fort Worth,and StoneHawk Capital Partners LLC agrees that the Cold Springs West project should be pursued,an Construction and Maintenance(C&M)Agreement will be drafted to implement the project. The Cold Springs West Wayside Horn project is located within COUNCIL DISTRICTS 8&9. A Form 1295 is not required because:This contract will be with a publicly-traded business entity or a wholly-owned subsidiary of a publicly-traded business entity: Union Pacific Railroad FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Union Pacific Railroad at Cold Springs Wayside Horn project within the Developer Contribution Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be available in the Developer Contribution Fund for the Union Pacific Railroad at Cold Springs Wayside Horn project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred,the Transportation and Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Monty Hall 8662 Chad Edwards 7259