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Home My WebLink AboutContract 58532 Y'SECRETARY.� i0 DEVELOPER FUNDING AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES REGARDING PROPOSED AT-GRADE CROSSING OF UPRR-FWWR AT ALTAMESA BOULEVARD THIS AGREEMENT is by and between Holt Lunsford Commercial, Inc. a Texas corporation, hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as"City". WHEREAS, Developer, is the owner of land bordered by railroad tracks to the southwest and Wichita Street to the East within the City of Fort Worth, Tarrant County Texas as more fully depicted on Exhibit A attached hereto (the "Property") and through which future Altamesa Boulevard has been identified onthe City's Master Thoroughfare Plan;and WHEREAS,in order to serve the Property,Developer desires installation of an at-grade crossing ("Crossing") of the railroad tracks to accommodate the proposed Altamesa Boulevard extension between Oak Grove Road and Wichita Street as shown in Exhibit B; and WHEREAS, Developer requests that the City coordinate with the Union Pacific Railroad ("UPRR"), owner of the railroad tracks, and Fort Worth and Western Railroad ("FWWR"), lessee to UPRR, to conduct a feasibility review including preliminary engineering services such as diagnostic review, preliminary design review and appropriate at-grade implementation measures for the Crossing; and WHEREAS, UPRR/FWWR requires execution of a Preliminary Engineering Agreement(s) ("PE Agreement") in the amount of$40,000 to perform the feasibility review; and WHEREAS, Developer has agreed to contribute the amount of $50,000 to cover the PE Agreement cost as well as City staff costs; and 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 provide to City the amount of$50,000.00 for the feasibility review concurrent with Developer's execution and return of this Agreement. 2. Developer's contribution to the City is only for Developer's obligation for its costs related to the feasibility review. If the Crossing is deemed feasible by the UPRR-FWWR, Developer and City will enter into a separate agreement for contribution of design and construction-related costs. OFFICIAL.RECORD CITY SECRETARY FT, WORTH,TX 1 . 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 of the transmission, or (3) received by the other Party by United States Mail, registered, return, receipt requested, addressed.as follows: City of Fort Worth PR M/HLCI Wichita Street LP Attn:William Johnson,Assistant City Manager Attn:Jim Brice 200 Texas Street 5950 Berkshire Lane,Suite 900 Fort Worth,TX 76102-6311 Dallas,TX 75225 Email: william.iohnson@fortworthtexas.gov Email:jbrice@holtlunsford.com With Copy to the City Attorney. Executed b a y each p ity's duly designated and authorized representative;effective as of the date subscribed i by the City's designated Assistant City Manager. CITY OF FORT WORTH,TEXAS: By: William Johnson Assistant City Manager 1 Date: 6 22- PR IIUHLCI WICHITA STREET LP, a Delaware limited partnership By: PR III/HLCI Wichita Street GP LLC, a Delaware limited liability company, its sole general partner By: PR 11YHLCI Wichita Street Holdings LP, 1 a Delaware limited partnership, its sole member and manager By: HLCI Wichita Partners,L.P., a Texas limited partnership, its authorized limited partner By: Wichita Partners GP Series, a series of HLCI Investments Series II,LLC, a Texas series limited liability company, its General Partf),- er By: QL�4Q Name: Douglas Lueders TITLE: Authorized Signatory Date: APPROVAL RECOMMENDED: By: 46aaaa.-e ?.a� Kuren Prieur,Dkwtor Transportation and Public Works AP P V RM AND LEGALITY: By: Douglas W.Black Senior Assistant City Attorney CONTRACT AUTHORIZATION M&C: N/A ATTEST: ` . Biz y.Ja ette S. Goodall Ci Secretary CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I azn the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Mike Landvik Transportation Planning Manager r CIAL RECORD SECRETARY WORTH,TX EXHIBIT"A" LEGEND ��r`,�}%�,;• - •;� ',�,� J 'r ,, SITE LOCATION _ '' �:lY/'lid'•..i.•1 �.r,S r.f i•1 SIGNALIZED • INTERSECTION OP fw jla'^ ' Y_cl •-�,iR r �� UNSIGNALIZEO INTERSECTION P6� ' iRI � 0 OPT �T !3 ALTAMESABO'ULEVARD- 1 �I)UN AWAY VICINITY MAP I STUDY LIMITS DCHIBIT2 IIOkMAmw•MiSD•MMOTka,IIP/i ro nlucl m WTCHTTA STREET WAREHOUSE DEVELOPMENT,FORT WORTH,TX Mal lo(Iq NII� s LEGAL DESCRIPTION a 83.585 acre addition to the City of Fort Worth, Tarrant County,Texas, situated in Blocks 13, 14 and 15,Shelby County Land Survey, Abstract No. 1375 �i\«n• � E � � �� _ * - � .� V �� ` �•: �� - �� EXHIBIT"B" Ni posed Gra skv w A Altamesa Blvd �� } � Future \ \ \. � . . FORTWORTH Routing and Transmittal Slip TPW — Mobility /Railroad Department DOCUMENT TITLE: Developer Funding Agreement for PE Agreements Services M&C CPN CSO # DOC# DATE: 11-17-2022 INITIAL TO: Please also sign DATE OUT on the Agreement below 1. Tai Nguyen—TPW Mobility VN' 11-17-22 2. Mike Landvik—TPW Mobility (signature) Ph7-i 3. Doug Black— Legal (signature) z- << 2 Z( Z Z 4. Lauren Prieur—TPW Director(signature) I,Z 5 b z- 5. William Johnson—CMO (signature) 6. JqjWGoodall—CSO (signature) Developer desires installation of a new an at-grade crossing at the proposed Altamesa Blvd and UPRR/FWWR tracks. Developer agrees to contribute$60,000 to cover both railroad PE agreements and City stall costs for discussion new at- grade crossing option with the railroads. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information x Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please call Tai Nguyen at ext. 2359 for pick up when completed. Thank you. CSO REC'D DEC 5122 AM 10:25