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HomeMy WebLinkAboutContract 46623 COPY SECRETA CONTRACT INA. !_:kja � ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipality organized under the laws of the State of Texas, and WAL-MART STORES TEXAS, LLC ("Wal-Mart"), a Delaware limited liability company. RECITALS The City and Wal-Mart hereby agree that the following statements are true and correct and constitute the basis upon which the City and Wal-Mart have entered into this Agreement: A. Wal-Mart owns, or is under contract to purchase, approximately 32.5 acres of land in the vicinity of the future southeast intersection of Golden Triangle Boulevard and Park Vista Boulevard, as more specifically described and depicted in Exhibit "A", attached hereto and hereby made a part of this Agreement for all purposes (the "Land"). Wal-Mart intends to construct a Wal-Mart SuperCenter store that is at least 182,000 square feet in size on the Land. B. The 2014 Comprehensive Plan, which was adopted by the City Council pursuant to Ordinance No. 21164-03-2014 (the "Comprehensive Plan"), observes that the City relies very heavily on property taxes as a revenue source. The Comprehensive Plan notes that the City has a significantly higher property tax rate than other comparable municipalities in Texas and recommends that the City establish potential incentives to promote the development of vacant land in the City and to explore ways to increase the sales tax base in order to offset reliance on property taxes. The Land is situated in a developing corridor of the City that is bordered by other municipalities that potentially could compete with the City for economic development opportunities. In order to ensure that there is a balance between residential development and appropriate retail and commercial development in this area of the City, both to serve citizens moving into this area as well as to generate new sales tax revenues in an effort offset the property tax burden on residents, the City wishes to encourage retail development in the vicinity of the Land. The City believes that a large Wal-Mart SuperCenter will provide the catalyst for other retail development in this area of the City and will lead to a corresponding beneficial increase in sales tax revenues. mC. As recommended by the Comprehensive Plan and in accordance with Resolution No. 2704, adopted by the City Council on January 30, 2001, the City has rn established an economic development program pursuant to which the City will, on a case- by-case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Z Local Government Code that include monetary loans and grants of public mone , as well Page 1 OFFICIAL RECORD ti Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) CITY SECRETARY FT.WORTH,TX as the provision of personnel and services of the City, to businesses and entities that the City Council determines will promote state or local economic development and stimulate business and commercial activity in the City in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the City (the "380 Program"). D. The City Council has determined that by entering into this Agreement, the potential economic benefits that will accrue to the City under the terms and conditions of this Agreement are consistent with the City's economic development objectives and that construction of the proposed Wal-Mart SuperCenter will further the goals espoused by the Comprehensive Plan for positive growth in the City. In addition, the City Council has determined that the 380 Program is an appropriate means to achieve the construction of the Wal-Mart SuperCenter, which the City Council has determined are necessary and desirable, and that the potential economic benefits that will accrue to the City pursuant the terms and conditions of this Agreement are consistent with the City's economic development objectives as outlined in the Comprehensive Plan. This Agreement is authorized by Chapter 380 of the Texas Local Government Code. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The City Council has found, and the City and Wal-Mart hereby agree, that the recitals set forth above are true and correct and form the basis upon which the parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affdiate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Wal-Mart. For purposes of this definition, "control" means fifty percent (50%) or more of the ownership determined by either value or vote. Page 2 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) City Road Costs means the costs of that portion of the Road Project that Wal- Mart is not required to fund under the City's Subdivision Ordinance (Ordinance No. 17154, as set forth in Appendix C of the Code of the City of Fort Worth), in an amount to be set forth in the Infrastructure Agreement that must be executed by and between the City and Wal-Mart in accordance with Section 4.5 hereof. Comprehensive Plan has the meaning ascribed to it in Recital B. Construction Costs means Hard Construction Costs and the following costs directly expended by Wal-Mart: engineering fees; architectural and design fees. Development Property Sales Entity means any entity other than Wal-Mart that makes Sales on the Land. Director means the director of the City's Housing and Economic Development Department. Effective Date has the meaning ascribed to it in Section 3. Employment Goal has the meaning ascribed to it in Section 4.4. First Operating Year means the first full calendar year following the year in which both the Phase I Completion Date has occurred and the Road Project has been completed in accordance with the Infrastructure Agreement. Fort Worth Certified M/WBE Company means a minority or woman-owned business that has received certification as either a minority business enterprise (MBE), a woman business enterprise (WBE) or a disadvantaged business enterprise (DBE) by the North Central Texas Regional Certification Agency (NCTRCA) and that has a principal business office located within the corporate limits of the City that performs a commercially useful function and that provides the services for which Wal-Mart is seeking credit under this Agreement. Hard Construction Costs means actual site development and construction costs, contractor fees and the costs of supplies and materials, and specifically excludes land acquisition costs. Infrastructure Agreement has the meaning ascribed to it in Section 4.5. Job means a job provided to an individual by Wal-Mart on the Land. Land has the meaning ascribed to it in Recital A. M/WBE Construction Spending Goal has the meaning ascribed to it in Section 4.3. Page 3 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) Program Cap means Twelve Million Dollars ($12,000,000.00), gross. Phase I Certificate of Completion has the meaning ascribed to it in Section 5.1.1. Phase I Completion Date means the date as of which a final certificate or certificates of occupancy have been issued for the entirety of the Phase I Improvements, as verified in the Phase I Certificate of Completion issued by the Director pursuant to Section 5.1.1. Phase I Completion Deadline means December 31, 2016, subject to any extension due to an event of force majeure in accordance with Section 16 of this Agreement. Notwithstanding the foregoing, the Phase I Completion Deadline shall automatically be extended for additional thirty (30) day periods for each and every month beyond March 31, 2015 that the City has not fully completed the right-of-way acquisitions necessary for the Road Project in accordance with the Infrastructure Agreement. Phase I Improvements means a Wal-Mart Supercenter of at least 182,000 square feet located on the Land. Phase II Certificate of Completion has the meaning ascribed to it in Section 5.1.2. Phase II Completion Date means the date as of which a certificate or certificates of completion for shell building space, at a minimum, have been issued for the entirety of the Phase II Improvements, as verified in the Phase II Certificate of Completion issued by the Director pursuant to Section 5.1.2. Phase II Completion Deadline means 3 years following the Phase I Completion Deadline, subject to any extension due to an event of force majeure in accordance with Section 16 of this Agreement. Phase H Improvements means at least 20,000 square feet of retail and/or commercial space located on the Land. Program Grants means the annual economic development grants paid by the City to Wal-Mart in accordance with this Agreement and as part of the 380 Program. Program Year means a calendar year in which the City is obligated pursuant to this Agreement to pay Wal-Mart a Program Grant (Program Year 1). Real Property Tax Revenues means ad valorem taxes on the Land and any improvements located thereon, minus the taxes payable on the Land and any improvements located thereon for the 2014 tax year, based on the taxable appraised value of the Land and any improvements located thereon for the 2014 tax year. The taxable Page 4 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) appraised value of the Land and any improvements located thereon for any given year will be established solely by the appraisal district that has jurisdiction over the Land at the time. Records has the meaning ascribed to it in Section 4.7. Road Proiect means the construction of Park Vista Boulevard from Ray White Road to Keller Hicks Road in a combination of two (2) lanes, two (2) lanes divided, and four (4) lanes divided including roundabouts at its intersections with Keller-Hicks Road, Golden Triangle Boulevard and Ray White Road and on Golden Triangle Boulevard at Wal-Mart's easternmost driveway entrance, as more specifically set forth in the map attached hereto as Exhibit "B" (which is hereby made a part of this Agreement for all purposes) and on terms that will be set forth in the Infrastructure Agreement. Sales means all sales of merchandise (including gift and merchandise certificates), services and other receipts whatsoever of all business conducted on or from the Land or in or from any improvements located on the Land, whether cash or credit, including mail, telephone, telefax, telegraph, internet or catalogue orders received or filled at or from the Land provided the same are paid for by the customer at the store located on the Land, deposits not refunded to purchasers, orders taken (although such orders may be filled elsewhere), sales to employees, sales through vending machines or other devices. Sales will not include (i) any sums collected and paid for any sales or excise tax imposed by any duly constituted governmental authority; (ii) the exchange of merchandise purchased on and returned to the Land; (iii) the amount of returns to shippers and manufacturers; or (iv) the sale of any of any fixtures attached to the Wal- Mart SuperCenter on the Land. Sales Tax Revenues means a one percent (1%) available sales tax, such as that presently in effect pursuant to Texas Tax Code §§ 321.101(a) and 321.103, resulting from taxes received by the City and collected by Wal-Mart or any Development Property Sales Entity on Sales transacted on the Land. Sales Tax Revenues specifically excludes all revenues from (i) the Crime Control District Sales Tax imposed by the City pursuant to Texas Tax Code § 323.105 and Texas Local Government Code § 363.005, as may be amended, and (ii) the Transit Authority Sales Tax paid to the City by the Fort Worth Transportation Authority pursuant to City Secretary Contract No. 19689, as previously or subsequently amended or restated, from the sales tax imposed by the Fort Worth Transportation Authority pursuant to Texas Tax Code Chapter 322. Notwithstanding anything to the contrary herein, in no event shall Sales Tax Revenues ever exceed a one percent (1%) sales tax imposed by the City, even if the City at any point in the future charges more than a one percent (1%) sales tax. If the City's sales tax rate is ever decreased to the extent that the City receives available sales tax revenues based on less than a one percent (1%) sales tax, then the meaning of Sales Tax Revenues shall automatically be adjusted to equal that lesser percentage. If the City's sales tax rate is ever decreased as provided in the preceding sentence and the City then subsequently adds a sales tax that increases such lower percentage and whose use is not controlled or regulated, in whole or in part, by another governmental entity or authority or otherwise Page 5 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) dedicated to a specific use by the City, then Sales Tax Revenues shall be computed to reflect that increased percentage up to a maximum aggregate of one percent (1%). Second Operating Year means the second full calendar year following the year in which both the Phase I Completion Date has occurred and the Road Project has been completed in accordance with the Infrastructure Agreement. Term has the meaning ascribed to it in Section 3. Twelve-Month Period means the period between February 1 of a given year and January 31 of the following year. 3. TERM. This Agreement shall be effective as of the date of execution by both parties (the "Effective Date") and, unless terminated earlier in accordance with this Agreement, shall expire on the earlier of (i) the date as of which the City has paid all Program Grants required hereunder or (ii) the date as of which the amount of aggregate Program Grants paid by the City equals Program Cap (the "Term"). 4. WAL-MART OBLIGATIONS, GOALS AND COMMITMENTS. 4.1. Phase I Improvements. By the Phase I Completion Date, Wal-Mart must have expended at least Thirteen Million Dollars ($13,000,000.00) in Construction Costs for the Phase I Improvements. The Phase I Completion Date must occur on or before the Phase I Completion Deadline. 4.2. Phase H Improvements. By the Phase II Completion Date, Wal-Mart must have expended at least Three Million Dollars ($3,000,000.00) in Construction Costs for the Phase II Improvements. The Phase II Completion Date must occur on or before the Phase 11 Completion Deadline. 4.3. Construction Spending Goal for Fort Worth Certified NMBE Companies. Wal-Mart will use commercially reasonable efforts to expend or cause to be expended with Fort Worth Certified M/WBE Companies at least twenty-five percent (25%) of all Hard Construction Costs for the Phase I Improvements and the Phase 11 Improvements, regardless of the total amounts of such Hard Construction Costs (the "M/WBE Construction Goal"). Page 6 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) 4.4. Employment Goal. From and at all times after the Phase I Completion Date, Wal-Mart will use commercially reasonable efforts to provide at least fifty (50) Jobs on the Land (the "Employment Goal"). 4.5. Infrastructure Improvements. Wal-Mart shall construct and complete the Road Project in accordance with the terms and conditions of a Community Facilities Agreement, Infrastructure Construction Agreement or other written agreement or agreements reasonably requested by the City (the "Infrastructure Agreement") executed by the City and Wal-Mart, which Infrastructure Agreement shall be incorporated herein by reference upon execution by both the City and Wal-Mart. The Infrastructure Agreement shall identify the costs of the Road Project for which Wal-Mart is solely responsible and the City Road Costs. Wal-Mart shall pay all costs of the Road Project, including the City Road Costs. The Road Project must be completed in accordance with the Infrastructure Agreement by not later than the Phase I Completion Deadline. 4.6. Reports and Filings. 4.6.1. Construction Spending Reports. Within sixty (60) calendar days following both the Phase I Completion Date and the Phase II Completion Date, in order for the City to assess whether Wal-Mart satisfied the requirements of Sections 4.1 and 4.2, respectively, and the extent to which Wal-Mart met the M/WBE Construction Goal for the Phase I Improvements and the Phase 11 Improvements, Wal-Mart will provide the Director with a report in a form reasonably acceptable to the City that specifically outlines the total Construction Costs and Hard Construction Costs expended by and on behalf of Wal-Mart for the Improvements in question, together with supporting invoices and other documents necessary to demonstrate that such amounts were actually paid, including, without limitation, final lien waivers signed by Wal-Mart's general contractor. This report shall also include actual total Construction Costs and Hard Construction Costs expended by Wal-Mart for construction of the Improvements in question with Fort Worth Certified M/WBE Companies, together with supporting invoices and other documents necessary to demonstrate that such amounts were actually paid to such contractors. Notwithstanding the above, Wal- Mart shall not be required to submit or make available any records, documents, or any portions thereof, that it determines will or may reflect or reveal trade secrets, or other confidential information, with the understanding that any determination as to Wal-Mart's compliance with Page 7 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) this Agreement and Wal-Mart's commitments under this Agreement will be based solely on those documents that are made available to the City. 4.6.2. Annual Employment Report. On or before February 1 of the year following the Phase I Completion Date and of each year thereafter, in order for the City to assess the degree to which Wal-Mart met the Employment Goal in the previous calendar year, Wal-Mart shall provide the Director with a report in a form reasonably acceptable to the City that sets forth the total number of individuals who held Jobs on the Land, all as of December 1 (or such other date requested by Wal-Mart and reasonably acceptable to the City) of the previous year, together with reasonable supporting documentation. If Wal-Mart failed to meet the Employment Goal in the previous calendar year, Wal-Mart shall include an explanation as to why Wal-Mart believes it did not meet the Employment Goal and the efforts that Wal-Mart utilized to meet the Employment Goal. 4.6.3. Annual Sales Tax Report. On or before February 1 of the year following the Phase I Completion Date and of each year thereafter, Wal-Mart must provide the City with an annual report that sets forth (i) the aggregate amount of sales tax paid to the State Comptroller by Wal-Mart and any other Development Property Sales Entity during the previous year (the "Aggregate Sales Tax Payments"); (ii) the portion of the Aggregate Sales Tax Payments for which Wal-Mart possesses copies of the corresponding sales tax reports filed with the State Comptroller ("Comptroller Reports") (collectively, "Verified Aggregate Sales Tax Payments"); and (iii) a list of the separate amounts of sales tax shown on each respective Comptroller Report to have been paid by Wal-Mart and any other Development Property Sales Entity. Wal-Mart shall make such Comptroller Reports available to the City for inspection pursuant to and in accordance with Section 4.7 of this Agreement. The City's calculation of Sales Tax Revenues in a given year will be based on (i) Verified Sales Tax Payments plus (ii) any additional sales tax payments made by Wal-Mart and any other Development Property Sales Entity in such year, as reflected on Comptroller Reports, that the City is reasonably able to ascertain, in the City's sole but reasonable judgment, are attributable to Sales on the Land. In order to prepare this report, Wal-Mart will, to the extent reasonably possible, require Development Property Sales Entities to provide Wal- Mart with annual Sales data sufficient for Wal-Mart to complete the annual report required by this Section 4.6.3. 4.7. Audits. Page 8 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) At such a time as Wal-Mart submits the reports required in Section 4.6.1, Wal-Mart will make available to the City, at the City's written request, any documents reasonably necessary to confirm Wal-Mart's compliance with this Agreement including, but not limited to, construction documents (the "Records"). Notwithstanding the above, Wal-Mart shall not be required to submit or make available any records, documents, or any portions thereof, that it determines will or may reflect or reveal trade secrets, or other confidential information, with the understanding that any determination as to Wal-Mart's compliance with this Agreement and Wal-Mart's commitments under this Agreement will be based solely on those documents that are made available to the City. 4.8. Inspections. At any time during Wal-Mart's normal business hours throughout the Term and following reasonable notice to Developer, the City shall have the right to inspect and evaluate the Land and any improvements thereon, and Wal-Mart will provide full access to the same, in order for the City to monitor compliance with the terms and conditions of this Agreement. Wal-Mart will cooperate fully with the City during any such inspection and evaluation. Notwithstanding the foregoing, Developer will have the right to require that any representative of the City be escorted by a representative or security personnel of Wal-Mart during any such inspection and evaluation. 5. CITY OBLIGATIONS. 5.1. Issuance of Certificates of Completion for Improvements. 5.1.1. Phase I Improvements. Within ninety (90) calendar days following receipt by the City of the construction spending report for the Phase I Improvements, as required by Section 4.6.1, and assessment by the City of the information contained therein, if the City is able to verify that Wal-Mart expended at least Thirteen Million Dollars ($13,000,000.00) in Construction Costs for the Phase I Improvements by the Phase I Completion Date and that the Phase I Completion Date occurred on or before the Phase I Completion Deadline, the Director will issue Wal-Mart a certificate stating the amount of Construction Costs and Hard Construction Costs expended on the Phase I Improvements, including amounts expended specifically with Fort Worth Certified M/WBE Companies (the "Phase I Certificate of Completion"). If the Phase I Completion Deadline was extended past December 31, 2016 on account of the City's need after March 31, 2015 to acquire any right-of- way not under AIL Investment, LP ownership for the Road Project in accordance with the Infrastructure Agreement, the Phase I Certificate of Page 9 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) Completion will also set forth the revised Phase II Completion Deadline (which, in accordance with the definition set forth in Section 2, is 3 years after the date of the Phase I Completion Deadline). 5.1.2. Phase II Improvements. Within ninety (90) calendar days following receipt by the City of the construction spending report for the Phase II Improvements, as required by Section 4.6.1, and assessment by the City of the information contained therein, if the City is able to verify that Wal-Mart expended at least Three Million Dollars ($3,000,000.00) in Construction Costs for the Phase H Improvements by the Phase II Completion Date and that the Phase II Completion Date occurred on or before the Phase H Completion Deadline, the Director will issue Wal-Mart a certificate stating the amount of Construction Costs and Hard Construction Costs expended on the Phase II Improvements, including amounts expended specifically with Fort Worth Certified M/WBE Companies (the "Phase II Certificate of Completion"). 5.2. Program Grants. 5.2.1. Amount. Subject the terms and conditions of this Agreement, provided that (i) Wal-Mart expended at least Thirteen Million Dollars ($13,000,000.00) in Construction Costs for the Phase I Improvements by the Phase I Completion Date, (ii) the Phase I Completion Date occurred on or before the Phase I Completion Deadline, and (iii) Wal-Mart completed the Road Project in accordance with the Infrastructure Agreement on or before the Phase I Completion Deadline, Wal-Mart will be entitled to receive from the City twenty (20) annual Program Grants. The amount of each Program Grant shall equal the sum of seventy-five percent (75%) of the Real Property Tax Revenues received by the City in the Twelve-Month Period ending in the year in which the Program Grant is due, plus seventy- five percent (75%) of the Sales Tax Revenues received by the City in the Twelve-Month Period ending in the year in which the Program Grant is due. Notwithstanding anything to the contrary herein, aggregate Program Grants payable under this Agreement shall be subject to and shall not exceed the Program Cap. Page 10 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) 5.2.2. Program Can. If in any Program Year the amount of a Program Grant would cause the aggregate Program Grants paid by the City pursuant to this Agreement to exceed the Program Cap, the amount of the Program Grant payable in that Program Year shall equal the difference between the aggregate of all Program Grants paid by the City as of the previous Program Year and the Program Cap, and this Agreement shall terminate upon payment of such Program Grant. 5.2.3. Deadline for Payments and Source of Funds. The first Program Grant payable hereunder (in other words, the Program Grant payable for Program Year 1) shall be paid by the City on or before June 1 of (i) the Second Operating Year or (ii) the First Operating Year if requested by Wal-Mart in writing within sixty (60) calendar days following the Phase I Completion Date, and the City, taking into consideration its current fiscal year budget and following fiscal year budget planning, provides Wal-Mart with written consent to such request. Each subsequent annual Program Grant payment will be made by the City to Wal-Mart on or before June 1 of the Program Year in which such payment is due. It is understood and agreed that all Program Grants paid pursuant to this Agreement shall come from currently available general revenues of the City and not directly from Real Property Tax Revenues or Sales Tax Revenues. Wal-Mart understands and agrees that any revenues of the City other than those dedicated for payment of a given annual Program Grant pursuant to this Agreement may be used by the City for any lawful purpose that the City deems necessary in the carrying out of its business as a home rule municipality and will not serve as the basis for calculating the amount of any future Program Grant or other obligation to Wal-Mart. 6. DEFAULT, TERMINATION AND FAILURE BY WAL-MART TO MEET VARIOUS DEADLINES AND COMMITMENTS. 6.1. Failure to Complete Phase I improvements. If Wal-Mart fails to expend by the Phase I Completion Date at least Thirteen Million Dollars ($13,000,000.00) in Construction Costs for the Phase I Improvements, or if the Phase I Completion Date does not occur by the Phase I Completion Deadline, the City shall have the right to terminate this Agreement by providing written notice to Wal-Mart without further obligation to Wal-Mart hereunder Page 11 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) 6.2. Failure to Complete Road Proiect. If the Road Project is not completed in accordance with the Infrastructure Agreement by the Phase I Completion Deadline, the City will have the right to terminate this Agreement by providing written notice to Wal-Mart without further obligation to Wal-Mart hereunder. If the Infrastructure Agreement is lawfully terminated in accordance with the provisions of the Infrastructure Agreement, this Agreement shall terminate contemporaneously on the effective date of the Infrastructure Agreement's termination without notice or further obligation by the City. 6.3. Failure to Complete Pease H Improvements. If Wal-Mart fails to expend by the Phase II Completion Date at least Three Million Dollars ($3,000,000.00) in Construction Costs for the Phase II Improvements, or if the Phase II Completion Date does not occur by the Phase H Completion Deadline, the City shall have the right to terminate this Agreement by providing written notice to Wal-Mart, in which case the City's obligation to continue making Program Grant payments to Wal-Mart shall cease as of the effective date of termination. 6.4. Failure to Pay City Taxes. An event of default shall occur under this Agreement if any City taxes owed on the Land by Wal-Mart or an Affiliate or arising on account of Wal- Mart's or an Affiliate's operations on the Land become delinquent and Wal-Mart or the Affiliate does not either pay such taxes or properly follow the legal procedures for protest and/or contest of any such taxes. In this event, the City shall notify Wal-Mart in writing and Wal-Mart shall have thirty (30) calendar days to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Wal-Mart and shall have all other rights and remedies that may be available to it under the law or in equity. 6.5. Violations of City Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Wal-Mart or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Land or on or within any improvements thereon (including, without limitation, any violation of the City's Building or Fire Codes and any other City Code violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement Page 12 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) if the City is notified by a governmental agency or unit with appropriate jurisdiction that Wal-Mart or an Affiliate, or any successor in interest thereto; any third party with access to the Land pursuant to the express or implied permission of Wal-Mart or an Affiliate, or any a successor in interest thereto; or the City (on account of the Phase I Improvements or the Phase II Improvements or the act or omission of any party other than the City on or after the effective date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the Land, improvements on the Land or any operations thereon (including, without limitation, any violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Wal-Mart in writing and Wal-Mart shall have (i) thirty (30) calendar days to cure such default or (ii) if Wal-Mart has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Wal-Mart and shall have all other rights and remedies that may be available to under the law or in equity. 6.6. Knowing Employment of Undocumented Workers. Wal-Mart acknowledges that effective September 1, 2007, the City is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 (80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. Wal-Mart hereby certifies that Wal-Mart, and any branches, divisions, or departments of Wal-Mart, does not and will not knowingly employ an undocumented worker, as that term is defined by Section 2264.001(4) of the Texas Government Code In the event that Wal-Mart, or any branch, division, or department of Wal-Mart, is convicted of a violation under 8 U.S.C. Section 1324a(f) (relating to federal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens): • if such conviction occurs during the Term of this Agreement, this Agreement shall terminate contemporaneously upon such conviction (subject to any appellate rights that may lawfully be available to and exercised by Wal-Mart) and Wal-Mart shall repay, within one hundred twenty (120) calendar days following receipt of written demand from the City, the aggregate amount of the Program Grants received by Wal-Mart hereunder, if any,plus Simple Interest at a rate of four percent (4%)per annum; or • if such conviction occurs after expiration or termination of this Agreement, subject to any appellate rights that may lawfully be available to and exercised by Wal-Mart, Wal-Mart shall repay, within one hundred Page 13 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) twenty (120) calendar days following receipt of written demand from the City, the aggregate amount of the Program Grants received by Wal-Mart hereunder, if any,plus Simple Interest at a rate of four percent (4%)per annum For the purposes of Section 6.6, "Simple Interest" is defined as a rate of interest applied only to an original value, in this case the aggregate amount of the Program Grant. This rate of interest can be applied each year, but will only apply to the aggregate amount of the Program Grant and is not applied to interest calculated. For example, if the aggregate amount of the Program Grant is $10,000 and it is required to be paid back with four percent (4%) interest five years later, the total amount would be $10,000 + [5 x ($10,000 x 0.04)], which is $12,000. This Section 6.6 does not apply to convictions of any subsidiary or affiliate entity of Wal-Mart, by any franchisees of Wal-Mart, or by a person or entity with whom Wal-Mart contracts. Notwithstanding anything to the contrary herein, this Section 6.6 shall survive the expiration or termination of this Agreement. 6.7. Failure to Meet M/WBE Construction Spending Goal or EmOoIrnent Goal. If Wal-Mart fails to meet the M/WBE Construction Spending Goal or the Employment Goal in any given year, such event shall not constitute a default hereunder and shall not cause the amount of the Program Grant that the City is required to pay in the following Program Year to be reduced. 6.8. Failure to Submit Reports. If Wal-Mart fails to submit any report required by and in accordance with Section 4.6, the City shall deliver written notice of the same to Wal-Mart and the City's obligation to pay any Program Grants at the time, if any, shall be suspended until Wal-Mart has provided all required reports; provided, however, that if any reports required by Section 4.6 are delinquent by more than one (1) year, Wal-Mart shall be in default under this Agreement. In this event, Wal-Mart shall have thirty (30) calendar days following receipt of written notice from the City to supply the City with all delinquent reports in accordance with Section 4.6. If Wal-Mart fails to supply the City with any such report within that time, the City will have the right to terminate this Agreement immediately upon provision of written notice to Wal-Mart. 6.9. General Breach. Unless stated elsewhere in this Agreement, Wal-Mart shall be in default under this Agreement if Wal-Mart breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the City referencing this Agreement (or, if Wal-Mart has diligently and continuously attempted to cure Page 14 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden TriangIe/Park Vista) following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the City shall have the right to terminate this Agreement immediately by providing written notice to Wal-Mart. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Wal-Mart shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. Wal-Mart shall have the exclusive right to control all details and day-to-day operations relative to the Land and any improvements thereon and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Wal-Mart acknowledges that the doctrine of respondeat superior will not apply as between the City and Wal-Mart, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Wal-Mart further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and Wal- Mart. 8. INDEMNIFICATION. WAL-MART, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO WAL-MART'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) WAL-MART'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF WAL-MART, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM THE PHASE I IMPROVEMENTS OR THE PHASE H IMPROVEMENTS AND ANY OPERATIONS AND ACTIVITIES ON THE LAND OR OTHERWISE TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF THE CITY OR ITS EMPLOYEES; OR (iii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF WAL-MART, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM THE ROAD PROJECT. Page 15 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) 9. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: Wal-Mart: City of Fort Worth Wal-Mart Stores, Inc. Attn: City Manager Attn: Kathy Griffith, Sr. Manager, 1000 Throckmorton Project Design& Management Fort Worth, TX 76102 Real Estate &Design—Central Team 2001 SE 10th Street Bentonville, AR 72716-0315 with copies to: the City Attorney and Economic/Community Development Director at the same address 10. ASSIGNI�NT ANL S U NSSORS. Wal-Mart may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the City so long as Wal-Mart, the Affiliate and the City first execute an agreement under which the Affiliate agrees to assume and be bound by all covenants and obligations of Wal-Mart under this Agreement. Wal-Mart may also assign its rights and obligations under this agreement to a financial institution or other lender for purposes of granting a security interest in the Phase I Improvements, the Phase R Improvements and/or Land, provided that such financial institution or other lender first executes a written agreement with the City governing the rights and obligations of the City, Wal-Mart and the financial institution or other lender with respect to such security interest. Otherwise, Wal-Mart may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the City Council, which consent shall not be unreasonably withheld, conditioned on (i) the prior approval of the assignee or successor and a finding by the City Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the City under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Wal-Mart under this Agreement. Any attempted assignment without the City Council's prior consent shall constitute grounds for termination of this Agreement and following ten (10) calendar days of receipt of written notice from the City Page 16 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) to Wal-Mart. Any lawful assignee or successor in interest of Wal-Mart of all rights under this Agreement shall be deemed"Wal-Mart" for all purposes under this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 12. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers or immunities. 13. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 14. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 15. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and Wal-Mart, and any lawful assign or successor of Wal-Mart, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 16. FORCE MAJEURE. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, Page 17 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) acts of God, inclement weather, or other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Wal-Mart's failure to obtain adequate financing to complete the Phase I Improvements by the Phase I Completion Deadline or the Phase II Improvements by the Phase II Completion Deadline shall not be deemed to be an event of force majeure and that this Section 16 shall not operate to extend the respective Completion Deadlines in such an event. 17. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 18. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19. ENTIItETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Wal-Mart, and any lawful assign and successor of Wal-Mart, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the City Council of the City in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 20. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Page 18 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) EXECUTED as of the last date indicated below: CITY OF FORT WORTH: WAL-MART S ORES TEXAS, LLC: ��tiyBy:. By- Fernando yFernando Costa N . Jo h SOS Assistant City Manager Title: VlCP Pastp&lelt Date: G//71/.5" Date: �lu I., APPROVED AS TO FORM AND LEGALITY: By: _ Peter Vaky Deputy City Attorney M&C: C-26697 03-04-14, C-22137 01-06-15; C-27226 03-17-15 A • QF FO 0 Acy J. We)�'Cg* Secretary 0 V$ Q o000- OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX :Page 19 Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC(Golden Triangle/Park Vista) EXHIBITS "A"—Description and Map Depicting the Land "B"—Map Depicting the Road Project Economic Development Program Agreement between City of Fort Worth and Wal-Mart Stores Texas,LLC �HIBIT "A" PROPOSED WALMART AT PARK VISTA BLVD SCALEa 1' • 0.16 MILES F 121 I �� .,, - -- - r r � WWW■■■ � F .4t { - r t THIS MAP IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED OR BE SUITABLE FOR LEGAL, ti SWD.yA,ra•+. ENGINEERING, OR SURVEYING PURPOSES. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE DUNAWAy &A,4 n X011 w«a,,rz?dsm ACCURACY OF SAID DATA. T%R—S'EREp ENGINEEgING FIRM I-1t1t 811-71121 EXHIBIT"B" C3 Y z W = a I r `1I - 1 IY + ( II w +i f } IJ I{w ' f � �SI _4� �•4= ��O W W i f�'/ ,r' yt' E•y ,! I NIf �� Q3v �. z z x wl{ i ' (n L4 Z2cx rn10 0 Lu2Q3 �aW -0 LLJ ; v�Z I v o I �;{ � sa Q- �wW II II Q }cQ0 waa WC � � meoa . �M KA y0-CWIR::oYll1.?K1+1�\VL\�YNr)MOM+41yMAY1P1iWY0�\.�.�WMM'•10-e t aMrwrY^^'Wra�r.mtWwwL`�wnWw�WaV�+µ�rwtr��.ian-4�,r'w t:p.. Xdm 1 GRAPHIC SCALE fl 50 900 \\ i i `1 ...:1'x - � s k 1 S f t > t� LEGEND ; s i VALVE ►� I � i t FIRE HYDRANTIL * i AIR RELEASE VALVE BLOW—OFF VALVE I EXHIBIT 'A' — NATER ����� SHEET: 2 OF 9 WALMART SUPERCENTER #2834 Y DATE: 0209-15 s 8,aUy.A—•Sva 4W.rm wo*,roam76107 SCALE: 1" - 100' (8'12" X 11") FORT WORTH, TEXAS Tet 617,M112�00 7.37574.77 a,w.w.wwkae'wenna•nw�+�a.++nWwrW\w,rwu.».a•.,m��m.�r w s.r Aurs a 7i i E j li 1 ' GRAPHIC SCALE '� I t F j •• a so ttxa 1i a i � 1 N. Aq t K•! r r j � r li ! ff �r Jt LEGEND t ! { VALVE ►� • FIRE HYDRANT I AIR RELEASE VALVE �i SLOW—OFF VALVE EXHIBIT 'A' — WATER SHEET: 3 OF 9 WPALMART SUPERCENTER jJ2834 DJNAWAY SDATE; 02-09-15 TEXAS 350�A--3�'�.FW WOR �'7610T CALE: t" = 10O' (8�h" X 11"} FORT WORTH, pK F.1114) t t � J ,`� \ `•\� 1 rr .nr�?Ir�� L 4,°,� 'y5*y.�`�� .Cw. til � ��r �, t \``, '\�'' ` .,tea\` ._ftir4. •`'\ •`�',. �� 000 CQ tA IF PARK v ��fes ~ Af:i LL t ! C, - Uk _ n IJ •: .i s� t ; �..� � t i ,611; 11 y11 � t IP S St i i � II 14 4 ro N LU U- ol 0 Lu > Q m II --I i Uj w wQ¢ a Spm i I 1 II I (n ..gas b-ww.r o•rawer»rr\vst�*resrn+++dh�+rrrertnmaowvwu\wnw.e�n i LLI < > > W < LLJ LL. LLI LLJ I -j LLJ 0 < Z -i L6 LLJ �ul -4 V� r 10 z M co uj co CQ 1+ti ��;���` fly �` � �_�. �.:�~�' � ` �'�' �•,,,'' , -ell P4 k.e. -14 LU W, Ir % LL. I Vtr- ION Nr V A, J, LO LL V 00 -W. 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SHEET: 8 OF 9 WALMART SUPERCENTER #283 Aw[m DATE: 02-09-15 MOWhA­-&*.4M-FWW.M%T—i74l0? 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GRAPHIC SCALE so 1o0 E.b.: R760.5O' 4:}sg '. CONC. SIDEWALK ^,5t -tif3 i• CONC. SIDEWALK ; CONC. PA YEMEN T 7 :' -9 I 16' :`. t Y 1u � e -'I I y EXHIBIT 'B' � PAVING IMPROVEMENTS SHEET: OF 9 WALMART SUPERCENTER #2834 `�WAy DATE 0 01—07-15 50Edey AveMse•M.+ao•rw1 Nbtp,irttat 76157 SCALE: 1' = 100' (SM" X 11" FORT WORTH, TEXAS 1d.517.395-1121•Fm:EU=J497 14z wo,a-1114 a\'a+.cu..Vann\p�m�.>`ao:WrwW�w`F,suu�anV.�.:6nwxo:w�::ane-a-m.em w n pp MATM LDW - ' 2 Y , i i,:i� ! AR) 5' it GRAPHIC SCALE ' 8 30 1 C}I R1010.5' ; w I .. ...::: 4 y�t Jti 4.El i�r CONC SIDEWALK it / f CONC. SIDEWALK q � ' ;�.its��•� .ja CONC. PA YEMEN Tci " a R1010.5' CONC. SIDEWALK `:-'.•.•" . ` �;; CONC. SIDEWALK til MlT+G'N LTNN - filEINl' 4 EXHIBIT 'B' — PAVING IMPROVEMENTS Aft, A SHEET: 3 OF 9 WA MART SUPERCENTER #2834 Y DATE: 01-07-15 SW Bd.y Awim -sur.an-Poe W.M,wmt 76187 SCALE: 1" = 100' (e%" X 11") FORT WORTH, TEXAS T.t so 795fil1211---Fac 817MS.7437 i 0 \ O •� `�- /H-''may,+' Q \` 1. 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AUTM LJ39N - B333MR' 6 :`�t.QsfClYit:•• v ASPHALT ” NJ GRAPHIC SCALE / 50 icn CONC. SIDEWALK ' PAiVEYENT (BRIDGE) 4. CONC. PA VEMENT ' 1 CONC. SIDEWALK Q �Wii CL f� ASPHAL T md2vu ZJ3YN - SMEEMW 8 EXHIBIT 'B' - PAVING IMPROVEMENTS Aft, AWAY 01-07-15 SHEET: OF 9 NALMART SUPERCENTER #2834 DATE: l—07-15 ssoBkYA—-a:r.4W.ra+wonn,w".76107 SCALE: 1" = 100' (8%" X 11") FORT WORTH, TEXAS W:817,3W.1121-F�In 7=7437 G\'•NWi3.YC�00�M004n.aB�.�W�•• •iJ�m.•.Q•�l.:e^nor P:.>N'+pa1"! ]045-04-W,lip. Wn Q'��ili� 7Au� - h zmw `t�aa x• x.:xzr hi :fr' GRAPHIC SCALE 5✓i f r � P! 50 t tl f yn. - CONC. PA i/EMENT CONC. SIDEWALK ASPHALT eb'�� J s• cn s;a�S•• I t ll 'r '.yi.'x�•ix•-k'e-'• EXHIBIT 'B' - PAVING IMPROVEMENTS 'WDU AilV� SHEET: 8 OF 9 WALMART SUPERCENTER #2834 1 DATE: 01-07-15 sso eccwAyaw.•9A.40•r d w�In.rw,<7cia7 SCALE: 1" = 100+ (8�h" X 11") FORT WORTH, TEXAS UtSU 15.ns?•F=517=7417 S �( 3 Z Z o vim' o z Q ck: Y Lai_ �.. 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AtA2Vff LEVJV - BEEEW2 own GRAPHIC SCALE 0 so too �� ft 40 i o / l �f LEGEND t SINGLE LIGHTING N DOUBLE LIGHTING 09+E J"TICS' Z 2M - , '1' 4 EXHIBIT 'C' - STREET LIGHTING AW ClUI�I/o►WA SHEET: 3 OF 9 WALMART SUPERCEN R#2834 l DATE: 01-07-15 x ed.rAw.r ,me.wo.Wwarnramzero? SCALE: 1" = 100' (8%" X 11") FORT WORTH, TEXAS TO Er 7-M&11211-far;817=,7477 . i I I LL LU 117 � U o `\ \ d K7 ' m 1 \ �� `D cn !~ 1 E" to LL r , H �1 t i X C7 I 1 D F F Ob rn J 00 II u 'g W C7 0 1-41 Lil {x J to O w Fa-a 0 1 ! 1=10 v1aY a w.•"a'm-io-t�a:Wr.u�wr.aAvsnnwf�aw+c�.4+a�imzs�noWesoew,hw++,n. �s Z h = Ld W J m i W Z J ('n 00 r r,> vl CO z CQ Ilk � +f J • � f �" x 1 ?d r• of ON uj .- Q �\ o LLOl Lai — moo r!N+ar:::•a-u-v::>..+wos�Irn��gArwd��w.t\�..a\wvniweMmwm\wnsNa C o ( t o Il II I In II � �II Q L 4 �J- JIM u I ' I ( II JI) II IIY II t �� l I I II 1 d� 61 II co CQ A° alx I ! I EI 4► i � tPVP LL. i ---• 1i11 /� �� II Il � � -, { � 1 f I SII , I I II SII �2,� 3�0�-- LO Luh I Cl 2 o L o Q J SII II "h � � Asa WSJ II I� �Wz oW� moo m (6 CL •W�:w as}e��os :wtiursrww\r�nw�rfV�'►`a1+re�uraml�owq\�owW�a PARK VISTA BLVD-FROM RAY W HM RD TO KELLER PICKS RD �WDUN WAY City Project N 02319 /� Y 17ets_ 2!17/2015 Project lien Ioformetim Bidder's Proposal BiNck dtist]tem Ura r Deaeriptim Spec Section Nix Measure Bid Quantity Unit Price Bid Value SIGNING AND PAVEMENT MARKINGS 1 3217 0001 4"SLD Pvmt Marlin HAS 321723 LF 12524 50.50 $ 6,262,00 2 3217,0002 4"SID PvmtMarkio HAS 321723 LF 11645 50.50 S 5822,50 3 3217.0003 4"BRK Pvmt Markin HAS 321723 LF 1040 2050 $ 520.00 4 3217.0005 4"DOT Pvmt Marki HAS 321723 LF 126 50.50 S 63.00 5 3217,0201 8"SLD Pvml Macon HAS 32 17 23 LF 1970 S 3.70 S 7,11900 6 3217.0202 8"SLD Pvmt Marlon HAS 321723 LF 1223 S 3,94 S 1818.62 7 3217.0501 24"SIA Pvmt Markin RAE W) 32 17 23 LF 1884 $3.25 S 6,123.00 8 3217.1002 Lane Lagend Arrow 321723 FA 53 S100.00 S i 300.00 9 3217.1004 Lane Lageod Oniv 321723 EA 2 $100.00 S 200.00 10 3217.1006 Lane Legend Bike 32 1723 EA 26 5100.00 $ 2 600.00 11 32172102 REFL Raised Marker TY L-C 321723 EA 17 $5.00 S 85,00 12 3217.2103 REFL Raised Marker TY II-A-A 321723 EA 19 55.00 S 95.00 13 3217.2104 REFL Raised Marker TY II-C-R 321723 EA 131 SS-00 S 655 OO 14 3441.4002 Fumrsh/[nslall Alum Silp Ground Mount TxDOT Std. 34 41 30 EA 145 5340.00 S 49 300.00 151 9999.0016 4"BIKE Pvmt Martin HAS 321723 LF 1289 $0.50 $ 644.50 161 9999.0017 12"DOT Pvmi Markin HA6 321723 LF 366 S 400 S 1464.00 171 9999.ODI8 Lane Legend Yield 32 17 23 EA 27 $100.00 S 2,70D.00 y 18 9999.0019 Lane Triangle(IS") 32 17 23 EA 240 $100.00 S 24 000.00 TOTAL 117,940 STREET LIGIfMG l 2605.0112 Install Elec SecvpedesW 2605 oo EA 1 S 4 .00 S 4�2W.00 2 2605.3015 2"CONDI PVC SC14 80 T 260533 IF 8150 $ 5.00 $ 40 750.00 3 2605,3014 2"CONDT RM 26 05 33 LF 40 $ 20.00 S 800.00 4 2605.3025 3"CONDT PVC SCH 80 26 05 33 LF 655 S 730 S 6,41150 5 3441.1407 NO 4 lnsulaiel Else Condr 3441 10 LP 120 51.00 S 240.00 6 3441.1502 Gtound Box Tyim B,w/Apron 3441 10 EA 46 S65000 S 27 600.00 7 3441.3003 RAwy Blum Assrobl TY D40.9 Si2de 3441 20 EA 20 22.000.D0 S 60 000.00 8 34413003 Rdwy Ilium Asxmbiv TY 18,] 19 and D-40 2:TA 1 Luminare 34 41 20 EA T S2,000.00 S 22 400.00 9 34413003 Rdwy Blum Assrobly TY 18 1 W 19 sod D-40 9-T Q Luminams) 34 41 20 EA 28 $2 000'00 S 98,000.00 10 3441.3302 Rd Blum Fouodalian TY 3 5 6 and 8 34 41 20 EA 55 31,000.00 5 68 750.00 11 3441.3201 LED Li tin Fixture 34 41 20 EA 12 S 200.00 S 2,400.00 12 34413404 2-2-24 Quadplex Alum Else Conductor 34 41 20 LF 9005 S 2.00 S 18 010.00 13 3441.3411 Reeonrect Conductor 344120 EA 4 S 150.00 S 60000 TOTAL 350163 TRAFFIC CONTROL 11 3471.0001 JTraffic Control uding temp asphaltpavement) 3471 13 MO 12 S 4,000.001 S 48100.00 TOTALI 48,000 LANDSCAPING AND IRRIGATION l 9999.0020 Steel Edge Spec in Plans LF 515 S 3.00 S 1545,110 2 9999.0021 s"MOW Strip Spec in Plans LF 990 S 10.00 5 9 900.00 3 9999.0022 Plain 5 Gallon Shrub 32 93 43 EA 151 S 22.00 S 3,32100 4 9999.0023 Plard I Gallon Shrub 329343 EA 2039 $ 12.00 S 24,46&00 5 9999.0024 A /Natural Stone SM in Plans CY 65 S 60.00 S 3,900.00 e 61 9999.0025 Plant 45 Gallon Tree 329343 EA 33 S 300.00 S 9,900-00 7 9999.0026 Hardwood Mulch Spoo in Plans CY 85 S 30.00 S Z550.00 8 9999.0027 Irrigation(Sleevinij Included Under Roadway)01 99 99 00 LS 1 S 12 000.00 S 12,090.00 9 9999.0028 Irrigation(Skeving Included Under Road 02 99 99 00 LS 1 S 1 0W00 S 18 000.00 10 9999 0029 Uri 'a leevinit Included Under Roadway)K3 999900 LS 1 S 14 000.00 S 14,000.00 It 3293.0103 Plat 3'Trcc 32 93 43 EA 56 $400.00 S 33,600.00 12 3292-0400 Seedin&H dromukh 3292 13 SY 44120 50.75 S 17 08.00 13 3292.0100 Block Sod Placement 329213 SY 3570 53.00 S 1 710.00 14 3291.OI00 T soil 32 91 l9 CY 120 515.0 S 1440.00 TOTALI EROSION CONTROL 11 9999.0035 SW3P>1 Acre 312500 LS 1 I$ 75,000.001 S 751100.00 TOTALI 7S,0061 Paye 3 of 4 Pk Vi.sial �r Mw smrty AfA2TH LUM - AUEEW 6 A A kN X, GRAPHIC SCALE 50 100 in > -i m cn (awx: LEGEND SINGLE LIGHTING DOUBLE LIGHTING ml*M MAMW T-UM 8 SHEET- 7 OF 9 EXHIBIT 'C' STREET LIGHTING ftKNAWAY DATE 01-07-15 WAIMART SUPERCENTER #2834 SCALE: I' = 100' (a%" X 11.1) FORT WORTH, TEXAS 8WrA8' ZMM - AMEBW 7 1 I i GRAPHIC SCALE I o 50 Boa i ! I 5 i ! r a i N I I � I AEA7VN L M - SHEW 9 LEGEND SINGLE LIGHTING M DOUBLE LIGHTING 01.0.0 EXHIBIT 'C' — STREET LIGHTING ,WDUNAWA SHEET: 8 OF 9 WAT.ArtART SUPERCENTER #2834 DATE: 01-07-15 sso e:aw 7,v.,u.°SuAs IOC•Fat Wath T.xat 76107 SCALE: 1" = 100 (8m., X 11") FORT WORM, TEXAS TeT817.AWIS1-F—sl 33X!7 {a f[6.F-1714 OZ L Q W L9 z 0 all ir LL. VINN,- co 6i J cn 0-4 L) LAJ -_j LLJ Lu ILAJ -Aj LAJ CLQ, z N tAj V, Q: 19 vi ? E d .......... LU LU Vit:#\� �� t � � X L) I LQ 00 Z .L CL .0O LU U) C) 70 Ln w Oil of LU U.1 Q: NrH LU O LU -j W<< MOO cn c\'•ww000rAmrVmerr.00�W.+r��+�nWnew.�wvros�+r+n.w::mo-m-a�c.ow::s.�. Q�W 30" RCP 10' RECESSED INLET GRAPHIC SCALE i 21" RCP a 100 15' RECESSED INLET 24 RCP �s<<' 30" RCP t ' 21 36" RCP 1 € ! f; 10' RECESSED INLET 24" RCP 10' RECESSED INLET 36" RCP 21" RCP 42" RCP, 10' RECESSED INLET `o' € ( i ,! I € 21" RCP 10' RECESSED INLET 21" RCP 21" RCP CL 10' RECESSED INLET— € € 10' RECESSED INLET 42" RCP21" RCP L AIA 2 S ZJ3VN - BREW S 01-07-15 EXHIBIT 'Bl' — STORM DRAIN ,Q�NAWAV SHEET: OF 9 ICY,® Ral SUPERCED ER #283 1 DATE. 09-07-1$ &%9oB.y kwrnn•U4.40.wn wwm.u,er?s,o7 SCALE: 1" - 100- (81h" X 11") FORT WORTH, TEXAS T.:817=.,,1,•M,617-6.7437 (IXRM f-1110 AUTCH LINN - BEEBW 2 GRAPHIC SCALE To 42" RCP i4y 4-10'x4' MBC 47 If 24" HEADWALL 24m RCP ---24' RCP 21" RCF 10' RECESSED INLET 21 RCP 24' RCP 10' RECESSED INLET 21" RCP 10' RECESSED INLET 21" RCP 10' RECESSED INLET r. l lit � tI 'rt' J1ffA2W LJ7= RYJZVT 4 EXHIBIT 'Bl' - STORM DRAIN A AV SHEET: 3 OF 9 WALMART SUPERCENTER #283 DU"WAY DATE: 01-07-15M sww -M.4w-W wedtL T.=76117 SCALE: 1" = 100' (51h" X 11") FORT WORTH, TEXAS T.L-817.335.1121-F=all=7437 (URI6.F-1114) ,t -•L �u�', ${ �., '�r"'� ik��,.+ s ;. .? �-ter €� 31 INhiz `BILA mzip' ' O N`. i •; (�j L.•, i.IU SLI' ,•.5`•.�,.� l4� '1 va tom_., �'pRGiV'• '' ` ` t `'� •'Y' �....`- R Ln �..r r- .. �....-......... ....... .rte'` �• :. r C? 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MANHOLE RISERS CL .I 21" RCP—�"`f F I 21" RCP 4' DROP INLET ' RECESSED 10 INLET j 2-127X4' RCS EXHIBIT 'B1' — STORM DRAIN SHEET: s WALK"T SUPERCENTER #2834 'WMAWAY DATE: 01-0TR15 sso 6ai.ykwnw•sw1.goo•w.i wa+n.r—7s1o7 SCALE: 1" = 100` 8'%" X 11") FORT WORTH. TEXAS 74.17M5.11121-F=a]73X7437 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR H COUNCIL ACTION: Approved on 3/17/2015 REFERENCE ,..C-27226 17NS DATE: 3/17/2015 NO.: LOG NAME: WALMARTPARKVISTAEXT2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Amend Mayor and Council Communications C-26697 and C-27137 Authorizing Execution of an Economic Development Program Agreement with Wal-Mart Stores, Texas, LLC to Extend the Completion Deadlines Required for the Proposed Wal-Mart Store and Other Improvements to be Located at the Future Southeast Corner of Golden Triangle Boulevard and Park Vista Boulevard (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council amend Mayor and Council Communications C-26697 and C- 27137 authorizing the execution of an Economic Development Program Agreement with Wal-Mart Stores Texas, LLC in order to extend the Phase I Completion Deadline for construction of a Wal-Mart Supercenter of at least 182,000 square feet on property located in the vicinity of the future southeast intersection of Golden Triangle Boulevard and Park Vista Boulevard, and the Phase II Completion Deadline for construction of at least 20,000 square feet of retail and/or commercial shell space on that property by thirty days each for each month after March 31, 2015 that all right-of-way necessary for the Park Vista Boulevard project has not yet fully been acquired. DISCUSSION: On March 4, 2014, (M&C C-26697) the City Council authorized execution of an Economic Development Program Agreement with Wal-Mart Stores, Texas, LLC (Wal-Mart) under which Wal- Mart was to construct a 182,000 square foot Supercenter and complete road improvements to Park Vista Boulevard by June 30, 2016 (Phase 1). In addition, Wal-Mart was to complete 20,000 square feet of commercial and/or retail shell space on the property by June 30, 2019 (Phase ll). In return, the City agreed to pay Wal-Mart certain Economic Development Program grants, as authorized by Chapter 380, Texas Local Government Code. On January 6, 2015, (M&C C-27137) the City Council authorized an extension of both the Phase I Completion Deadline and the Phase II Completion Deadline by 6 months (to December 31, 2016 and December 31, 2019, respectively) in order to account for delays to the projeyt on account of a redesign of the Park Vista Road construction project. Since that time, the City has encountered delays in acquiring all of the necessary right-of-way for the redesigned Park Vista Road project. Accordingly, Wal-Mart is requesting that the Economic Development Program Agreement reflect that the Phase I Completion Deadline and the Phase II Completion Deadline will automatically be further extended for 30 day periods for each month after March 31, 2015 that the City has not completed the necessary right-of-way acquisitions needed for the roadway improvements. The approved redesign of the roadway incorporates roundabouts on Park Vista Boulevard at the intersections of 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. httn://anns.cfwnet.org/council nacket/mc review.asn?ID=20832&councildate=3/17/2015 6/15/2015 b M&C Review Page 2 of 2 Staff recommends that Mayor and Council Communications C-26697 and C-27137 be further amended to authorize these additional automatic extensions until all necessary right-of-way has been acquired. The project is located in COUNCIL DISTRICT 7, Mapsco 22Q and 22R. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Cynthia Garcia (8187) Additional Information Contact: Chad LaRoque (2661) Cynthia Garcia (8187) ATTACHMENTS 14-1201 Park Vista Interim.pdf httv://avvs.cfwnet.ora/council vacket/me review.asp?ID=20832&councildate=3/17/2015 6/15/2015 W15M15 M&C Review Official site of the City of Fort Worth,Texa_s CITY COUNCIL AGENDA F°RTWORT" COUNCIL ACTION: Approved on 1/6/2015 -Amended by M&C C-27226 3/17/15 REFERENCE ** 17WAL- DATE: 1/6/2015 NO : C-27137 LOG NAME: MART—PAR KVISTAEXTENSION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Amend Mayor and Council Communication C-26697 Authorizing Execution of an Economic Development Program Agreement with Wal-Mart Stores, Texas, LLC, to Extend the Completion Deadline for the Proposed Wal-Mart Store to be Located at the Future Southeast Corner of Golden Triangle Boulevard and Park Vista Boulevard (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council amend Mayor and Council Communication C-26697 authorizing the execution of an Economic Development Program Agreement with Wal-Mart Stores Texas, LLC, to extend the completion deadline for the proposed Wal-Mart store to be located at the future southeast corner of Golden Triangle Boulevard and Park Vista Boulevard from June 30, 2016 to December 31, 2016 and extend the completion deadline for 20,000 square feet of commercial pad site from June 30, 2019 to December 31, 2019. DISCUSSION: On March 4, 2014, (M&C C-26697) the City Council authorized the execution of an Economic Development Program Agreement with Wal-Mart Stores Texas, LLC (Wal-Mart). Wal-Mart was to construct an 132,000 square foot SuperCenter and complete road improvements to Park Vista Boulevard by June 30, 2016. Additionally, 20,000 square feet of commercial pad site was to be completed by June 30, 2019. Since March, Wal-Mart has been working with the City to incorporate roundabouts in the design of the roadway improvements. The approved redesign of the roadway incorporates roundabouts on Park Vista Boulevard at the intersections of 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. Due to the redesign of the roadway improvements, Wal-Mart is requesting that the completion date for the Wal-Mart SuperCenter and roadway improvements be extended to December 31, 2016. Additionally, Wal-Mart is requesting that the completion date for the 20,000 square feet of commercial pad site be extended to December 31, 2019. Staff recommends that Mayor and Council Communication C-26697 be amended to reflect the new completion deadlines. The project is located in COUNCIL DISTRICT 7, Mapsco 22Q and 22R. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. hdpJ/am.cf w-et.orglcoindl_packef/mc review.asp?ID=20628&coincildste=1/6/2015 12 6/152015 MSEC Review TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jesus Chapa (5804) Additional Information Contact: Ana Alvarado (8552) Chad LaRoque (2661) ATTACHMENTS 141201 Park Vista Interim.pdf httpJ/apps.ciwnet.orgtcou di j)ackeYm c_review.asp?ID=20628&coLmi(date=1/6/2015 212 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORoRTii Ir COUNCIL ACTION: Approved on 3/4/2014 -Amended by M&C C-27226 on 3/17/15 DATE: 3/4/2014 REFERENCE C-26697 LOG NAME: 17WAL- NO.: MART_PARKVISTABLVD CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of Economic Development Program Agreement with Wal-Mart Stores Texas, LLC, Related to Construction of a Wal-Mart Store to be Located at the Future Southeast Corner of Golden Triangle Boulevard and Park Vista Boulevard (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution Economic Development Program Agreement with Wal-Mart Stores Texas, LLC, related to construction of a Wal-Mart Store to be located at the future southeast corner of Golden Triangle Boulevard and Park Vista Boulevard; and 2. Find that the terms and conditions of the Agreement, as outlined below, constitute a custom- designed Economic Development Program, as recommended by the 2013 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. DISCUSSION: Wal-Mart Stores Texas, LLC, (Wal-Mart) proposes to construct and open a 182,000 square foot Wal- Mart SuperCenter to be located at the future southeast corner of Golden Triangle Boulevard and Park Vista Boulevard. Wal-Mart must complete the Wal-Mart SuperCenter by June 30, 2016 and complete an 20,000 square feet of pad site by June 30, 2019. Wal-Mart will be required to expend at least $13 million on this project by June 30, 2016, plus an additional $3 million by June 30, 2019. Wal-Mart will make a good faith effort to expend at least 25 percent of all hard construction costs on the project with Fort Worth M/WBE companies and to provide a minimum of 50 full-time jobs at the site. In return, as authorized by Chapter 380 of the Texas Local Government Code, the City will make 20 annual Economic Development Program Grants equal to 75 percent of the City's $.01 general sales tax revenues and 75 percent of the City's incremental real property taxes attributable to the new Wal- Mart SuperCenter and pad site. Aggregate grant payments will not exceed $12 million. In addition, Wal-Mart will enter into an Infrastructure Construction Agreement (ICA) with the City for Wal-Mart to fund and construct four lanes of Park Vista Boulevard from Ray White Road to Keller Hicks Road on terms and conditions that are still being negotiated by the parties. As soon as feasible, Staff will provide details and bring forward an Mayor and Council Communication concerning the terms and conditions of the Infrastructure Construction Agreement once an Agreement on all terms have been reached. The project is located in COUNCIL DISTRICT 7, Mapsco 22Q and 22R. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will not increase the total appropriations on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers httn://anns.cfwnet.ora/council nacket/mc review.asn?ID=19534&councildate=3/4/2014 6/15/2015 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Avis F. Chaisson (6342) ATTACHMENTS ExhibitA.pdf htty://at)t)s.cfwnet.orp-/council packet/mc review.asp?ID=19534&councildate=3/4/2014 6/15/2015