HomeMy WebLinkAboutContract 46623-A2 CITY SECRETARY,
AMENDMENT N0. 2 TO CONTRACT N0.
AND CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 46623
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
WITH WAL-MART REAL ESTATE BUSINESS TRUST
This AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO.
46623 ("Amendment") is made and entered into by and between the CITY OF FORT
WORTH (the "City"), a home rule municipality organized under the laws of the State of
Texas, and WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware business
trust ("Wal-Mart Real Estate").
RECITALS
The City and Wal-Mart Real Estate hereby agree that the following statements are
true and correct and constitute the basis upon which the parties have entered into this
Amendment:
A. The City and Wal-Mart Stores Texas, LLC ("Wal-Mart Stores")
previously entered into that certain Economic Development Program Agreement, a public
document on file in the City Secretary's Office as City Secretary Contract ("CSC") No.
46623.
B. Under CSC No. 46623, Wal-Mart Stores was required to expend at least
$13,000,000.00 for the construction and completion on approximately 32.5 acres in the
vicinity of the future southeast intersection of Golden Triangle Boulevard and Park Vista
Boulevard of a Wal-Mart SuperCenter store of at least 182,000 square feet (the "Phase I
Improvements") and to expend at least $3,000,000.00 for the construction and
completion of at least 20,000 square feet of additional retail and/or commercial space (the
"Phase II Improvements"). CSC No. 46623 required the Phase I Improvements to be
completed by December 31, 2016, subject to extension on account of certain events
outside of Wal-Mart Stores' control as more specifically outlined in the Agreement (the
"Phase I Completion Deadline"), and the Phase II Improvements to be completed
within three (3) years of the Phase I Completion Deadline (the "Phase II Completion
Deadline"). CSC No. 46623 also required Wal-Mart Stores to enter into an Infrastructure
-1greement with the City for the completion of certain street improvements on Park Vista
Boulevard from Ray White Road to Keller Hicks Road, as more specifically outlined in
the Agreement (the Road Project"), and to complete the Road Project by the Phase I
Completion Deadline.
O
FFICIAL ._
RECORD
FF�
CITYECRETARY
� �c eI nt No.2 to CSC No.46623
�Economic Development Program Agreement between ORTH, TX
City-of Fort Worth and Wal-Mart Real Estate Business Trust(Golden Triangle/
s
C. Due to, among other things, delays caused by the City on account of
certain redesigns of the infrastructure planned for the project area, which, in turn, delayed
construction of the Phase I Improvements, the Phase II Improvements, and the Road
Project, CSC No. 46623 was amended by CSC No. 46623-A1, a public document on file
in the City Secretary's Office. Under CSC No. 46623-A1 the Phase I Completion
Deadline was extended for rolling periods of thirty (30) days each, continuing for so long
as the City still needed to acquire right-of-way for the Road Project as well as on account
of any additional delays due to the design and permitting (or redesign and permitting)
necessary for the Road Project. CSC No. 46623-A1 also amended the definition of
"Phase II Improvements" to reduce the minimum required amount of retail and/or
commercial space from 20,000 square feet to 12,000 square feet. Finally, under CSC No.
46623-A1, CSC No. 46623, as amended, was assigned by Wal-Mart Stores to Wal-Mart
Real Estate. CSC No. 46623, as amended and assigned by CSC No. 46623-A1, shall
hereinafter be referred to as the "Agreement".
D. All designs for the Road Project have now been finalized and all rights-
of-way necessary for the Road Project have been acquired by the City. Accordingly, the
need for rolling extensions to Phase I Completion Deadline is no longer necessary. In
order to provide clarity and for the removal of doubt, the parties now wish to amend the
Agreement to provide firm dates for the Phase I Completion Deadline and the Phase II
Completion Deadline.
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained in the Agreement and this Amendment and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City and
Wal-Mart Real Estate agree as follows:
AGREEMENT
1. Section 2 of the Agreement (Definitions) is hereby amended to revise and
substitute entirely the definitions of the following terms:
Phase I Completion Deadline means February 28, 2019, subject
to any extension due to an event of force majeure in accordance with
Section 16 of this Agreement.
Phase II Completion Deadline means February 28, 2022, subject
to any extension due to an event of force majeure in accordance with
Section 16 of this Agreement.
2. This Amendment will be effective as of August 15, 2017. KFT.
AL RECORD
ECRETAP,,y
Page 2
Amendment No.2 to CSC No.46623 ORTH, "i*x
Economic Development Program Agreement between
City of Fort Worth and Wal-Mart Real Estate Business Trust(Golden Triangle/Park Vista)
3. All capitalized terms used but not defined in this Amendment shall have the
meanings ascribed to them in the Agreement.
4. This Amendment contains the entire agreement between the parties with respect
to the matters set forth herein. All provisions of the Agreement that are not specifically
amended by this Amendment shall remain in full force and effect.
EXECUTED as of the dates set forth below:
CITY OF FORT WORTH:
By:
Jesus J. Chapa
Assistant City Manager
Date: �f` ` l
APPROVED AS TO FORM AND LEGALITY. AMsW b
J. .,r, y Secre
By:
Peter Vaky
Deputy City Attorney FORTGL
M&C: C-28319 08-15-17 ' ?J
Form 1295 Cert. No.: 2017-153229
XA�S
WAL-MART REAL ESTATE �.
BUSINESS TRU , a Delaware
business trust:
By:
OFFICIAL,RECORD
pp-- CITE'SECRETARY
Date: o 'c3l ad! 7 FT. WORTH,TX
Page 3
Amendment No.2 to CSC No.46623
Economic Development Program Agreement between
City of Fort Worth and Wal-Mart Real Estate Business Trust(Golden Triangle/Park Vista)
M&C Review Page 1 of 2
Official site of the City Fort Worth,Texas
CITY COUNCIL AGENDA FORT�TII
COUNCIL ACTION: Approved on 8/15/2017
REFERENCE , LOG 17WAL-
DATE: 8/15/2017 NO : C-28319 NAME: MARTPARKVISTA_AMENDMENT2
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 46623,
Economic Development Program Agreement with Wal-Mart Stores, Texas, LLC and Wa
Mart Real Estate Business Trust to Extend the Completion Deadlines for Phase I and
Phase II of the Wal-Mart Supercenter Project at the Southeast Corner of Golden Triang
Boulevard and Park Vista Boulevard (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 2 to the
Economic Development Program Agreement (City Secretary Contract No. 46623) with Wal-Mart
Stores, Texas, LLC and Wal-Mart Real Estate Business Trust in order to extend the deadline for
completion of the Wal-Mart SuperCenter project at the southeast intersection of Golden Triangle
Boulevard and Park Vista Boulevard (Phase 1) and extend the deadline for completion of the 12,000
square feet of commercial and/or retail shell space on the property (Phase II).
DISCUSSION:
Under an Economic Development Program Agreement (Agreement) between the City and Wal-Mart
Stores, Texas, LLC (Wal-Mart) (City Secretary Contract No.46623, as amended by City Secretary
Contract No. 46623-A1), Wal-Mart is required to expend at least $13 million to complete a 182,000
square foot SuperCenter as well as road improvements to Park Vista Boulevard (Phase 1). In
addition, Wal-Mart is also required to expend at least $3 million to complete at least 12,000 square
feet of commercial and/or retail shell space on the property (Phase 11). In return, the City will pay
Wal-Mart certain Economic Development Program grants, as authorized by Chapter 380, Texas
Local Government Code.
Under the Agreement, the deadline for completion of Phase I was December 31, 2016, but under Cit
Secretary Contract No. 46623-A1, that deadline was extended for successive 30-day periods until th
City had completed necessary right-of-way acquisitions and design changes. Specifically, the City
added roundabouts in the design specifications to be located on Park Vista Boulevard at its
intersections with Keller-Hicks Road, Golden Triangle Boulevard and Ray White Road. Park Vista
Boulevard will be four lanes as it nears the intersections of Keller-Hicks Road and Golden Triangle
Boulevard. It will then transition back down to a two lane section between Keller Hicks Road and
Golden Triangle Boulevard and Golden Triangle Boulevard and Ray White Road. The deadline for
completion of Phase I I is three years after the final Phase I completion deadline.
On December 13, 2016, Mayor and Council Communication (M&C C-28029), City Council authorize(
the execution of a Community Facilities Agreement with Wal-Mart Real Estate Business Trust in the
amount of$16,112,388.00 for the construction of Park Vista Boulevard from Keller Hicks Road to Ra
White Road, with City participation in the amount of$294,600.00 for increasing the height of•the Parl
Vista Road bridge and installations of a 48-inch water casing. The project includes a bridge over Bic
Bear Creek to the south of Golden Triangle Boulevard.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24812&councildate=8/15/2017 9/27/2017
M&C Review Page 2 of 2
Until these design elements were finalized, Wal-Mart was unable to proceed with construction of its
project. Now that all designs have been finalized and all necessary rights-of-way have been
acquired, the parties wish to amend the Economic Development Program Agreement in order to
provide for hard deadlines for completion of both Phase I and Phase II. In order to be consistent witl
the associated executed Community Facilities Agreement, City staff recommends the Economic
Development Program Agreement be amended to reflect a Phase I Completion Deadline of Februan
28, 2019 and a Phase II Completion Deadline of February 28, 2022.
The project is located in COUNCIL DISTRICT 7, Mapsco 22Q and 22R.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendation will have no material
effect on the Fiscal Year 2017 Budget. Upon approval of this Agreement, the long term financial
impacts will be included in the multi-year financial forecast.
TO
Fund Department Account Project Program Activity Budget Reference# Amoun
ID �_ ID _ Year (Chartfield 2)
FROM
Fund Department ° Account Project Program Activity Budget Reference# L__)4nio_un
ID ID Year I (Chartfield 2)
Submitted for City Manager's Office bv: Jesus Chapa (5804)
Originating Department Head: Robert Sturns (2122663)
Additional Information Contact: Natalie Moore (2122680)
ATTACHMENTS
14-1201 Park Vista Interim.pdf
LEGAL-8642720-v1-Certificate of Interested Parties - Form 1295 TX - F....pdf
httD://anps.cfwnet.orP_/council packet/mc review.asp?ID=24812&councildate=8/15/2017 9/27/2017
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,Z 3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-153229
Wal-Mart Real Estate Business Trust
Bentonville,AR United States Date Filed:
2 Name of governmental entity or state agency that Is a party tot the contract for which the form Is 01/11/2017
being filed.
City of Fort Worth Date Ackn edge
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
17WAL-MARTPARKVISTA AMENDMENT2
Economic Development Program Agreement
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Biggers,Chris Fort Worth,TX United States X
Love y,L Stanton lrvkV,TX United States X
Allison,Gordon Bentonville,AR United States X
Whaley, Steven Bentonville,AR United States X
Zielske,Steven Bentonville,AR United States X
Suarez,John Bentonville,AR United States X
Wal-Mart Property Co. Bentonville,AR United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under
penalty perjury,that the above disclosure Is true and correct
OFFICIAL SEAL
LISA M.GARCIA
wASMINGTON COUNTY
NOTARY PUBLIC-ARKANSAS
MY COMMISSION EXP. MAY 01,2027 ized agent of contracting business entity
COMMISSION A 12300574
AFFIX NOTARY STAMP!SEAL ABOVE tt ``
Sworn to and subscribed before me,by the said P J�Q13��G t� P this the ij day of ,
20__\__I_to certify which,witness my hand and seal of office.
,
QIgn",otutecf officer kpnistering oath Printed name of officer administering oath Title of officer ministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277