HomeMy WebLinkAboutContract 57881 CSC No. 57881
DEVELOPER FUNDING
AGREEMENT FOR
RAILROAD CROSSING AT OAK GROVE
ROAD
THIS AGREEMENT is by and between Rob Riner Companies GP,LLC hereinafter referred to
as "Developer", and the City of Fort Worth,hereinafter referred to as"City".
WHEREAS,Developer,is the owner of land adjacent to Oak Grove Road and within the City of
Fort Worth,Tarrant County Texas,more fully depicted on Exhibit A attached hereto(the"Property");
and
WHEREAS, in order to serve the Property, Developer is required to construct paving
improvements to Oak Grove Road where exists an at-grade crossing of the existing UPRR tracks which
have been leased to the FWWRR for its use; and
WHEREAS, portions of Oak Grove Road is being reconstructed by the Developer; and
WHEREAS, the UPRR has agreed to allow the paving improvements required to serve the
Property provided that the City enter into a license agreement for the expanded crossing; and
WHEREAS, the City agrees to fund up to $100,000 toward the license agreement fee and
construction costs; and
WHEREAS, the Developer has agreed to pay the Contribution, as defined herein, to the City,
which will transfer said Contribution to the UPRR or FWWRR, respectively, as the costs are incurred;
and
WHEREAS, Developer will make a contribution to the City in the amount of$257,881.9 (the
"Contribution"),the estimated cost for license and construction of the expanded crossing; and
WHEREAS, after final accounting by the respective railroads of the improvements within the
railroad ROW for Oak Grove Road, if any additional amount is owed for the construction, Developer
shall remit same to the City or if any credit or refund is owed to Developer, City shall remit same to
Developer.
NOW THEREFORE, in consideration of the above recitals and the promises and covenants
herein, City and Developer do hereby agree as follows: OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1.
Developer will provide to City the Contribution amount of $257,881.9 for license and
construction of railroad safety improvements due to the expanded crossing of Oak Grove Road,
concurrent with Developer's execution and return of this Agreement.
2.
Developer's Contribution to the City is an estimate of Developer's obligation for its costs related
to the paving improvements described herein and illustrated on Exhibit `B". If any cost overages are
due the FWWRR for the construction,Developer shall remit same to City within 30 days of receipt of a
request for same;likewise,if any credit or refund is due Developer at the completion and final accounting
of the railroad's work, same shall be refunded by City to Developer.
3.
City will use its best reasonable efforts to perform this Agreement without undue delay.
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.
If Developer or any subsequent owner transfers the Property or any portion thereof prior to the
performance of all obligations of the Developer or City 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.
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 means with confirmation ofthe transmission,or(3)received
by the other Party by United States Mail,registered,return,receipt requested,addressed as follows:
City of Fort Worth
Attn: Dana Burghdoff,Assistant City Manager Attn:
200 Texas Street
Fort Worth, TX 76102-6311
Email: dana.bur hg doff(a�fortworthtexas.gov Email:
Facsimile: (817) 392-8654 Facsimile:
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With Copy to the City Attorney.
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Executed by each patty'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
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By: a Burghdoff( 21,20 2 18:48 CDT) By. /P/Z
Dana Burghdoff Rob Riner—Managing Partner
Assistant City Manager Rob Riner Companies
Jul 21 , 2022
Date: Date:
Address P.O.Box 907
Fort Worth,Texas 76101
972-689-0669
APPROVAL RECOMMENDED:
By: c �
DJ Harrell,Director
Development Services
Department
APPROVED AS TO FORM AND LEGALITY:
By: DBI-k�,202208:50 CDT)
Douglas W. Black
Senior Assistant City Attorney
CONTRACT AUTHORIZATION
M&C: N/A CFA#CFA18-0187
Date Approved: N/A ,cyO� 000000
oF OR T���
ATTEST: o °O��d
�7a1111GttG GDDG�GZGG P~o° o'I
o=i Jannette S.Goodall 23,202207:07 CDT) �/00 O �rlf
By: Ifr
R Jannette S Goodall ��*000 00004�
City Secretary d T000000 p OFFICIAL RECORD
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CITY SECRETARY
ii FT. WORTH, TX
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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.
i avaa By: � � '
Khal Jaafari P.E�( 118,2 6:56 CDT)
KK
Professional Engineer
EXHIBIT A
SUMMARY TABLE
EXISTING IMPROVEMENTS 1787.9 SF �s
PROPOSED IMPROVEMENTS 4175.16 SF I I TY1V
- - - - ,- - -
Qc
� II
Exhibit A O
PROPOSED ASPHALT 1,787.9 SFI
I I I
PAVEMENT
LJI� = =
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4175.16 SF
ICI
I I PROPOSED
6' SIDEWALK
III
I PROPOSED I I I I I
CONCRETE
PAVEMENT I I I I I I
I a �
PROPOSED I I I I I I
10' II I II I
SIDEWALK I ---1—
20' C W ROW EXISTING
CONCRETE
PAVEMENT II I
QED TO REMAIN I
0
o
UNION PACIFIC RAILROAD CROSSING EXHIBIT -LEGEND
—PROPERTY uNE
PROPOSED CONCRETE PAV 121T
PROPOSED SIDEIYALK
OAK GROVE ROAD NEW IMPRPROPOSED
SPffAS AREA
EMST111O IMPROVEMENTS AREA
� PE20P0SED ASPFIALT PAVEMENT
0 20 40 60
CARTER DISTRIBUTION CENTER
HORIZONTAL SCALE IN FEET
EXHIBIT B
Charges summarized
Union Pacific
$20,000.00 (Material&Forced Account)
$24,283.00 (Union Pacific Granting fee)
$ 44,283.00
FWWR
$ 44,844.17 (cost to review/oversee the subcontractors)
$ 81,076.06 (Traffic signal subcontractor that would upgrade warning system)
$ 87,678.67 (Rail Track Upgrade/pavement transition)
$ 100,000.00 (Estimated Flagging cost)
$313,598.90