SUBJECT:
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Approval of a resolution authorizing the President & CEO, or her designee, to finalize and execute an Amended and Restated Agreement Regarding Transit Facilities and Related Improvements at the Uptown ATX Development with Broadmoor Austin Associates and BDN Management, Inc. (“Brandywine”) for development of a commuter rail station and related rail infrastructure, for a term ending one year after CapMetro’s acceptance of the facilities, in a total amount not to exceed $49,343,368, with a cost to CapMetro of $37,343,368.
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FISCAL IMPACT:
Funding for this action is in the proposed FY2025 Capital Budget. The cost to CapMetro is $37,343,368.
STRATEGIC PLAN:
Strategic Goal Alignment:
☒ 1. Customer ☒ 2. Community
☐ 3. Workforce ☐ 4. Organizational Effectiveness
Strategic Objectives:
☒ 1.1 Safe & Reliable Service ☒1.2 High Quality Customer Experience ☐ 1.3 Accessible System
☒ 2.1 Support Sustainable Regional Growth ☐ 2.2 Become a Carbon Neutral Agency
☒ 2.3 Responsive to Community and Customer Needs ☐ 2.4 Regional Leader in Transit Planning
☐ 3.1 Diversity of Staff ☐ 3.2 Employer of Choice ☐ 3.3 Expand Highly Skilled Workforce
☐ 4.1 Fiscally Responsible and Transparent ☐ 4.2 Culture of Safety ☐ 4.3 State of Good Repair
EXPLANATION OF STRATEGIC ALIGNMENT: This amended agreement will enable CapMetro to fulfill a key component of Project Connect related to Red Line improvements, specifically a new commuter rail station.
BUSINESS CASE: This amended agreement will enable construction of a new commuter rail station serving the Domain, the Uptown ATX development, and the surrounding area. The agreement provides for important financial contributions and services to help CapMetro complete this project.
COMMITTEE RECOMMENDATION: The item was presented and recommended for approval by the Operations, Planning and Safety Committee on May 7, 2025.
EXECUTIVE SUMMARY: In December 2020 CapMetro entered into an agreement (Agreement Regarding Transit Facilities and Related Improvements at the Uptown ATX Development) with Broadmoor Austin Associates and BDN Management, Inc. (“Brandywine”) to develop the commuter rail station located at Brandywine’s commercial development called Uptown ATX. Since that time, CapMetro and Brandywine have worked together to complete a number of preliminary steps on developing the project. Brandywine has approached CapMetro about amending certain provisions of the agreement, and the parties have agreed on the amended terms. As amended, the agreement would provide as follows: Brandywine will contribute $12 million to the project; with certain exceptions, CapMetro is responsible for the remainder of the project cost; Brandywine will give easements for the station; Brandywine will continue to be responsible for contracting with a construction contractor and overseeing construction of the project; CapMetro will pay a 5% construction management fee to Brandywine for its services in overseeing construction; and Brandywine will provide space for parking to serve the station for 3 years, plus an additional 2 years if space is available. The total cost to CapMetro will be $37,343,368.
DBE/SBE PARTICIPATION: Does not apply.
PROCUREMENT: Does not apply
RESPONSIBLE DEPARTMENT: Strategic Planning and Development
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RESOLUTION
OF THE
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS
AI-2024-1326
WHEREAS, the CapMetro Board of Directors and Austin City Council approved the Project Connect System Implementation Plan in 2020, including a new commuter rail station serving the Domain area as part of improvements to the Redline commuter rail line;
WHEREAS, in December 2020, CapMetro entered into an Agreement Regarding Transit Facilities and Related Improvements at the Uptown ATX Development with Broadmoor Austin Associates and BDN Management, Inc. (“Brandywine”) to develop the commuter rail station;
WHEREAS, the CapMetro Board of Directors recognizes that it is desirable and helpful to the completion of this project to work with a private developer that can contribute funding, land, and services to further the construction of the station; and
WHEREAS, CapMetro and Brandywine have agreed to amend certain terms of their original agreement.
NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President & CEO, or her designee, is authorized to finalize and execute an Amended and Restated Agreement Regarding Transit Facilities and Related Improvements at the Uptown ATX Development with Broadmoor Austin Associates and BDN Management, Inc. (“Brandywine”) for development of a commuter rail station and related rail infrastructure, for a term ending one year after CapMetro’s acceptance of the facilities, in a total amount not to exceed $49,343,368, with a cost to CapMetro of $37,343,368
____________________ Date: ____________________
Secretary of the Board
Becki Ross