SUBJECT:
title
Approval of a resolution authorizing the President and CEO, or her designee, to finalize, execute, and amend three existing License Agreements held by CS Kinross Lake Parkway, LLC, for purposes of facilitating construction of transit facilities at the Uptown ATX development, and waiving fees for the License Agreements.
end
FISCAL IMPACT:
Refer to executive summary for clarification.
STRATEGIC PLAN:
Strategic Goal Alignment:
☒ 1. Customer ☒ 2. Community
☐ 3. Workforce ☐ 4. Organizational Effectiveness
EXPLANATION OF STRATEGIC ALIGNMENT: In 2014, CapMetro executed three license agreements with CS Kinross Lake Parkway, LLC, for the installation of rail, utility, and wastewater utilities CapMetro’s rail right-of-way located at the Uptown ATX development. Amending the license agreements will enable CapMetro to fulfill a key component of Project Connect related Redline improvements, specifically a new commuter rail station.
BUSINESS CASE: Waiving the annual fee associated with each license agreement will enable the construction of the new Broadmoor commuter rail station serving the Domain, Uptown ATX development, and the surrounding area. As consideration for the fee waiver, CS Kinross Lake Parkway will donate land to CapMetro necessary for construction of the new rail station.
COMMITTEE RECOMMENDATION: The item was presented and recommended for approval by the Operations, Planning and Safety Committee on June 11, 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 known as Uptown ATX. In 2014, CS Kinross Lake Parkway, LLC, executed three utility license agreements with CapMetro, including the payment of an annual license fee totaling $10,500 plus a 3 percent annual escalation to CapMetro, with a term of 10 years followed by renewals on a year-to-year basis. The amendments would waive the annual fee required by each license agreement. In return, CS Kinross Lake Parkway, LLC, is providing significant land for the new rail station in the form of a Deed Dedication and Easements that are required to construct the station.
DBE/SBE PARTICIPATION: Does not apply
PROCUREMENT: Does not apply
RESPONSIBLE DEPARTMENT: Strategic Planning and Development
body
RESOLUTION
OF THE
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS
AI-2025-1499
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, in May 2025, the CapMetro Board of Directors approved negotiation and execution of an Amendment to the Agreement Regarding Transit Facilities and Related Improvements with Brandywine for the purpose of updating the terms and conditions of the agreement;
WHEREAS, to facilitate the construction of the commuter rail station, CapMetro must first amend three existing License Agreements held by CS Kinross Lake Parkway, LLC, and waive the annual fees associated with the agreements as consideration for CS Kinross Lake Parkway’s dedication of land necessary for construction of the station; and
WHEREAS, the CapMetro Board of Directors recognizes that it is desirable and helpful to the completion of this project to amend the three license agreements held by CS Kinross Lake Parkway, LLC to further the construction of the commuter rail station.
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 three amended license agreements with CS Kinross Lake Parkway, LLC, for the purposes of facilitating construction of transit facilities at the Uptown ATX development.
BE IT FURTHER RESOLVED, that the Board authorizes the waiving of fees associated with these license agreements.
____________________ Date: ____________________
Secretary of the Board
Becki Ross