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HomeMy WebLinkAboutContract 31288 02-02-05A11 : 29 RCVD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.��I Qffi WHEREAS, Cabela'a Retail TX, L.P., a Nebraska limited partnership, by Cabela's Retail GP, LLC, a Nebraska limited liability Company, its General Partner, hereinafter called "Developer", desires to make certain improvements to Cabela's- Lot 1, Block 1, Cabela Addition, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Tim Holland, its duly authorized Director of Retail and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. Cabela's SAI E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section H, of the Policy. F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, the Lone Star Local Government Corporation (the "LGC"), and Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas (or any successor reinvestment zone) (the "TIF"), and/or their officers, agents, members and employees (the "Indemnitees"), from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub- contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of any or all of the Indemnitees In addition, Developer shall promptly advise the City, the LGC and the TIF in writing of any action, administrative or legal proceeding or investigation as to which this indemnification may apply, and Developer, at its sole expense, shall assume on behalf of any Indemnitees and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to the Indemnitees; provided, however, that any Indemnitee shall have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability benefit acts or other employees' benefit acts. Cabela's 2 G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). I. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). J. Developer hereby releases and agrees to indemnify and hold the City, the LGC and the TIF harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer pursuant to this Community Facilities Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this Community Facilities Agreement. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof Water—Exhibit "A" Sanitary Sewer—Exhibit "A-1" Paving—Exhibit "B" Storm Drain—Exhibit B-1" Street Lights and Signs—Exhibit "C" M. Developer shall perform the usual and necessary management services incident to the nature and scope of the construction and installation of the community facilities described herein. Developer shall thoroughly inspect the work of all contractors and subcontractors undertaking work on the community facilities described herein. In addition, without involving the City, the LGC or the TIF, Developer shall use its best efforts to fully and completely settle, by litigation or otherwise, any claims of any contractor or subcontractor, or any non-performance under any contract with any is � f' Cabela s 3 ]J�� contractor or subcontractor, relating to or arising out of the construction and/or installation of the community facilities described herein. N. Developer shall submit monthly certificates to the Director of the City's Economic and Community Development Department relating to the construction and installation of the community facilities described herein pursuant to and in accordance with Section 3.4.4(c) of City Secretary Contract No. 30651, such contract being the Master Economic Development Agreement by and between Developer, the City, the LGC and Tarrant County, Texas (the"MEDA"). O. The City, the LGC and any designee authorized by the City and/or the LGC may inspect the design and construction of the community facilities described herein pursuant to and in accordance with Section 3.4.5 of the MEDA. P. Developer shall cause all contactors and subcontractors undertaking work on the construction or installation of any of the community facilities described herein to provide insurance in accordance with Section 3.4.6 of the MEDA. Q. Developer shall require all contractors and subcontractors undertaking work on the construction or installation of any of the community facilities described herein to release, and to use their best efforts to cause their insurers to release, all Indemnitees from any and all claims or causes of action whatsoever which they or their insurers might otherwise possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, including the deductible portion thereof, maintained and/or required to be maintained by the MEDA, this Community Facilities Agreement or other applicable agreement. H. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $288,740. The City agrees to record the location of each said service line in respect Cabela's 4w�'1 to the corner of the lot served, and to retain said records in its possession. The Developer shall bear the cost of the water improvements as follows: WATER FACILITIES: Estimated Estimated Developer Estimated Total Cost City Cost Cost Mains within $ 285,770 $ -0- $ 285,770 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service/Fire Line $ 2,970 $ -0- $ 2,970 Paving Repair/Water $ -0- $ -0- $ -0- Sub-Totals, Water $ 288,740 $ -0- $ 288,740 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer shall be based upon the water installation costs contained in the Inspector's final estimate tabulation. B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $108,430. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer shall bear the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated Developer Estimated Total Cost City Cost Cost Sanitary Sewer $ 108,430 $ -0- $ 108,430 Mains/Lines Approach $ -0- $ -0- $ -0- Easements * $ -0- $ -0- $ -0- Service $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 108,430 $ -0- $ 108,430 Cabela's 5 The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer shall be based upon the sanitary sewer installation costs contained in the Inspector's final estimate tabulation. Sub-Totals, Water $ 288,740 $ -0- $ 288,740 TOTAL Water and Sewer $ 397,170 $ -0- $ 397,170 Construction Costs CONSTRUCTION $ 7,943 $ -0- $ 7,943 INSPECTION FEE: *To be dedicated by the developer. 1. The water installation costs contained in the Inspector's final estimate tabulation. III. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B 1, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B1, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 1,867,159.84. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets* $1,054,686.00 -0- $ 1,054,686.00 2. Storm Drainage $740,660.00 -0- $ 740,660.00 3. Street Lights** $0.00 -0- $ - 4. Street Name Signs** $0.00 -0- $ B. Engineering Design -0- $ - C. Construction Engineering -0- and Management by DOE (4%)1$ 71,813.84 -0- $ 71,813.84 Cabela's 6 TOTALS $ 1,867,159.84 $ - $ 1,867,159.84 * Includes installation of traffic signal at SH170 and Cabela's Drive —To be installed by Developer Notes: 1. All Preliminary Plats filed er July 2000, will require street cost The developersidewalksis responsible reets. Sidewalk cost is included under installation of sidewalk. 2. Developer's column for Item C represents two percent (2%)cost for construction inspection fees and materials testing less 10%for contingency cost. (*)Represents City participation for construction fees based on actual cost. 3. City not preparing plans andspecifications. IN TESTIMONY W11EREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixeddda said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the oo��ee�x y ` 4 200 Approval Recommended: Water Department Transportation and Public Works Department C Robert ode, P. E. S. Frank Crumb, P.E. Director Acting Director ATTEST: City Of Fort rth B , Marty Hendri Marc Ott City Secretary Assistant ity Manager App ored as to Cabela's Retail TX, LP By: Cabela's Retail GP, LLC .� Its General Part er Asist t tty Attorney Cabela's 7 H rate ATTEST: By: �C rporate Secretary Tim Holland, Director of Retail Cabela's 8 C3 0 z u m i 0 i 0 w N a i A A A D Q A A fi O d 7 � 6y m y 820 = � nen mn� � m i m O o � 0ti n 2 n D o O 377 • �3`SfV 820 � O Oc) Z A m n x m 360 ' v TARRANT CO. 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W H O o ' 0 o o o ' w II � . c a CL 2 U Z P L75 m N a -J m ?Il s o V) �j = z LU X U ` w zog LU V .411 t2 o r a C � f �/�7 iOLD �fir R}/ w a- }CZ J r J /! DoIL r . 0,0 r , -j ' }'All c. A1S£-I C O1 F- _ = V J � o C) F- C) ° Z W = W m cr N J X c.^ w O W F- In v w U') m w -i a r• � J p}JIpI U V' c'J _ O F- D 7 U� •'p�'�,'1.L C to I o CL 0- O O O 6 0- d 0 z CD 0 CARTER & BURGESS 777 MAIN ST. FORT WORTH,TX 76102 PHONE NO. (817) 735-6000 PRELIMINARY OPINION OF PROBABLE COST Cabela's CITY OF FORT WORTH, TEXAS C&B Job No.: 013541 Prepared for: CABELA'S, INC. Date: June, 2004 CONSTRUCTION COSTS GRADING 111,480 WATER DISTRIBUTION SYSTEM 288,740 SANITARY SEWER COLLECTION SYSTEM 108,430 STORM DRAINAGE SYSTEM 735,540 STREET IMPROVEMENTS 863,760 STREET LIGHTING SYSTEM 109,220 SUBTOTAL CONSTRUCTION COSTS $2,217,170 CONTINGENCY 10%) 221,72011 I� 8 �]0 �����i�Y����V���:l:�ii�����.................................................:.......:.......:.......:'i'i'i':. .:.�;.;l��7 y:.; MISCELLANEOUS COSTS CITY INSPECTION FEE (2%) 44,340 PERMITTING (2%) 44,340 ENGINEERING & SURVEYING (12%) 266,060 TESTING & OBSERVATION (3%) 66,520 SUBTOTAL MISC. COSTS $421,260 CONTINGENCY (10%) 42,130 SUMMARY CONSTRUCTION COSTS 2,438,890 MISCELLANEOUS COSTS 463,390 .:..:::.:..:.....:....::: ::C�: 0 \h1 C No. 991403010 Page 1 GRADING ITEM DESCRIPTION QTY UNIT PRICE AMOUNT 1 Strip and Stockpile 6" Layer of Topsoil 8,136 CY 2.00 16,272.00 2 Unclassified Excavation 18,000 CY 4.00 72,000.00 3 Compliance with NPDES SWPPP 1 LS 1,000.00 1,000.00 4 Construction Entrance 1 Each 3,000.00 3,000.00 5 Inlet Protection 4 Each 300.00 1,200.00 6 Silt Fence 4,960 LF 3.50 17,360.00 7 Rock Berm 1 Each 650.00 650.00 TOTAL GRADING $111,480.0011 WATER DISTRIBUTION SYSTEM ITEM DESCRIPTION QTY UNIT PRICE AMOUNT 1 Connect to Existing 16" Water Main 3 Each 2,000.00 6,000.00 Remove Plug & Connect to Exist 12" 2 Water Main 1 Each 750.00 750.00 3 12" Water Pipe 3,824 LF 54.00 206,496.00 4 10" Water Pipe 339 LF 48.00 16,272.00 5 6" Water Pipe 229 LF 32.00 7,328.00 6 12" Gate Valve and Box 4 Each 1,300.00 5,200.00 7 10" Gate Valve and Box 4 Each 1,050.00 4,200.00 8 6" Gate Valve and Box 9 Each 525.00 4,725.00 9 2" Domestic Meter and Box 1 Each 900.00 900.00 10 2" Irrigation Meter and Box 2 Each 900.00 1,800.00 11 1" Domestic Meter and Box 1 Each 270.00 270.00 12 Fire Hydrant, Mueller 9 Each 2,000.00 18,000.00 13 Air Release Valve 1 Each 2,200.00 2,200.00 14 12", 10", 8", 6" Cast Iron Fittings 4 Tons 2,000.00 8,200.00 15 Ballast Stone 100 CY 8.00 800.00 16 Crushed Limestone 100 CY 8.00 800.00 17 Class E Concrete 10 CY 40.00 400.00 18 Class B Concrete 10 CY 40.00 400.00 19 Trench Safety 1 LS 4,000.00 4,000.00 TOTAL WATER DISTRIBUTION SYSTEM $288,740.00 SANITARY SEWER COLLECTION SYSTEM ITEM DESCRIPTION QTY UNIT PRICE AMOUNT 1 Connect to Existing Manhole 1 Each 1,800.00 1,800.00 Construct 4' Dia Manhole Over Existing 2 12" Sanitary Sewer 1 Each 4,500.00 4,500.00 3 12" Sanitary Sewer SDR-26 1,709 LF 45.00 76,905.00 Standard 4' Sanitary Sewer Manhole to 4 6' Depth 6 Each 1,600.00 9,600.00 Extra Depth for Standard 4" Sanitary 5 Sewer Manhole in Excess of 6' Depth 64 VF 140.00 8,960.00 [:=Adjust Existing Manhole To Grade 9 VF 140.00 1,260.00 71 Ballast Stone 100 CY 8.00 800.00 \h1 C No. 991403010 Page 2 8' Crushed Limestone 100 CY 8.00 800.00 9 Class E Concrete 10 CY 40.00 400.00 10 Class B Concrete 10 CY 40.00 400.00 11 Trench Safety 1 LS 3,000.00 3,000.00 TOTAL SANITARY SEWER COLLECTION SYSTEM $108,430.00 STORM DRAIN SYSTEM ITEM DESCRIPTION QTY UNIT PRICE AMOUNT 1 42" Class III RCP 103 LF 88.00 9,064.00 2 36" Class III RCP 892 LF 74.00 66,008.00 3 30" Class III RCP 85 LF 60.00 5,100.00 4 24" Class III RCP 24 LF 50.00 1,200.00 5 21" Class III RCP 196 LF 45.00 8,820.00 6 18" Class III RCP 12 LF 35.00 420.00 Standard 15' Recessed Curb Inlet 7 (Stage 1) 2 Each 1,500.00 3,000.00 Standard 10' Recessed Curb Inlet 8 (Stage 1) 2 Each 1,000.00 2,000.00 9 15' Curb Inlet Per TxDOT Detail 1 Each 2,500.00 2,500.00 Standard 4'X4' Drop Inlet Per TxDOT 10 Detail 1 Each 5,500.00 5,500.00 Standard 4' Square Storm Drain 11 Manhole 3 Each 3,500.00 10,500.00 12 3 - 9'X6' Box Culverts 273 LF 800.00 218,400.00 13 2 - 8'X5' Box Culverts 396 LF 750.00 297,000.00 Parallel Wing for 30° Skewed 2 - 8'X5' 14 Box Culvert 1 Each 10,000.00 10,000.00 Parallel Wing for 30° Skewed 3 - 9'X6' 15 Box Culvert 1 Each 12,000.00 12,000.00 Parallel Wing for Non-Skewed 3 - 9'X6' 16 Box Culvert 1 Each 12,000.00 12,000.00 17 Parallel Wing for Non-Skewed Conspan 2 Each 15,000.00 30,000.00 Remove and Dispose of Existing 18 Headwall 1 Each 1,500.00 1,500.00 19 White Rock Rip Rap 585 CY 65.00 38,025.00 20 Trench Safety 1 LS 2,500.00 2,500.00 TOTAL STORM DRAIN SYSTEM $735,540.00 STREET IMPROVEMENTS ITEM DESCRIPTION QTY UNIT PRICE AMOUNT Fine Grading and Subgrade 1 Preparation 24,905 SY 0.50 12,452.50 2 6" Lime Stabilized Subgrade 24,905 SY 1.50 37,357.50 3 Hydrated Lime (30#/SY) 375 Tons 100.00 37,500.00 4 4" HMAC Base Course 24,280 S= 7.50 182,100.00 5 8" Reinforced Concrete Pavement 23,570 SY 22.00 518,540.00 \h1 C No. 991403010 r 6 7" Concrete Curb 5,595 LF 1.50 8,392.50 7 6" Concrete Curb 4,660 LF 1.25 5,825.00 Standard 15' Recessed Curb Inlet 8 (Stage 2) 2 Each 1,800.00 3,600.00 Standard 10' Recessed Curb Inlet 9 (Stage 2) 2 Each 1,300.00 2,600.00 10 Spread Topsoil to a Depth of 6" 4,210 CY 4.00 16,840.00 11 Traffic Sign R1-1 (Stop Sign) 2 Each 380.00 760.00 Traffic Sign R3-7R (Right Lane Must 12 Turn Right) 2 Each 450.00 900.00 Traffic Sign R3-71- (Left Lane Must Turn 13 Left) 2 Each 450.00 900.00 Traffic Sign R3-8 Modified (Dual Right 14 Turns) 1 Each 450.00 450.00 15 Traffic Sign W4-21- (Lane Reduction) 1 Each 450.00 450.00 16 Traffic Sign FR6-1 R (One Way) 2 Each 450.00 900.00 17 Type 11-CR-4 Pavement Markers 241 Each 8.00 1,928.00 18 Type W-4 Pavement Markers 960 Each 3.60 3,456.00 Standard 16" Wide White Solid Stop 19 Bar 4 Each 530.00 2,120.00 20 8" Solid White Stripe 1,326 LF 5.50 7,293.00 21 Full Depth 2' Sawcut 926 LF 6.00 5,556.00 Sawcut, Remove & Dispose of Exist 22 Concrete Pavement and Curb 210 SY 6.50 1,365.00 23 Traffic Control and Channelizing Devices 1 LS 8,000.00 8,000.00 Irrigation Conduits; 1-6" & 2-2" Schedule 24 80 PVC with End Caps 373 LF 12.00 4,476.00 TOTAL STREET IMPROVEMENTS $863,760.00 STREET LIGHTING SYSTEM ITEM DESCRIPTION QTY UNIT PRICE AMOUNT Street Light Pole - Double Arm 1 Assembly 14 Each 3,700.00 51,800.00 Street Light Fixture - Flat Glass 2 Luminaire, 200 W HPS Lamp 28 Each 350.00 9,800.00 Type No 5 Concrete Drilled Shaft 3 Foundation, with Anchor Bolts 14 Each 500.00 7,000.00 4 Lighting Contactor 1 Each 750.00 750.00 2" Schedule 40 PVC Conduit with 344 5 and 148 1,815 LF 5.50 9,982.50 2" Schedule 80 PVC Conduit with 344 6 and 148 605 LF 6.00 3,630.00 2" Schedule 80 PVC Conduit with 242 [:::]and 148 1 70 LF 10.00 700.00 \h1 C No. 991403010 Page 4 ` 2-2" & 1-1/4" Schedule 80 PVC with End 8 Caps 1,350 LF 15.00 20,250.00 1-10" & 2-6" Schedule 8 PVC with End 9 Caps 168 LF 20.00 3,360.00 10 Pull Boxes 16 Each 75.00 1,200.00 111 Lighting Contactor 1 Each 750.00 750.00 TOTAL STREET LIGHTING SYSTEM $109,220.00 \h1 C No. 991403010 Page 5 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 14 EA $ 2, 500 $35, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $35, 000.00 City' s Cost $00, 000 . 00 Developer's Subtotal $35, 000. 00 10% Contingencies $3,500. 00 Project Total $38,500 .00 Adjacent Developer's Cost $0, 000.00 Developer's Cost $38,500.00 2% Inspection Fee $0, 00.00 (CFA CODE 2004100) DEVELOPER'S COST: $38,500. 00 CABELAS July 14, 2004 Fort Worth, Texas August 12, 2004 PAGE I OF Exhibit C w+� II. STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department . 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the Director of Transportation and Public Works . 3 . The City will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it's design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and conductors. 5 . The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operation of the street lights 6 . The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $38,500.00 CABELAS July 14, 2004 FORT WORTH, TEXAS (CFA CODE 2004100) Page II of Exhibit C III. "STREETLIGHTS) MID - BLOCK MEDIAN CABELAS DR 14 (DOUBLE ARMS) CABELAS Page III of Exhibit C Iv STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of$100.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following two (2) intersections at a cost to the Developer of$200.00: Alliance Gateway Frwy (Hwy 170) & Cabelas Dr N Freeway (I — 35) & Cabelas Dr Cabela's, Lot 1, Block 1 CFA code: 20040100 July 13, 2004 CONSENT TO ACTION IN LIEU OF FIRST MEETING OF THE SOLE MEMBER AND MANAGEMENT BOARD OF CABELA'S RETAIL GP, LLC The undersigned, being the sole member and all of the members of the Management Board of Cabela's Retail GP, LLC, a Nebraska limited liability company, hereinafter referred to as the "Company," hereby consent to the adoption hereof and do hereby adopt the following resolutions and declare them to be in full force and effect as if adopted at a regular or special meeting of the sole member and the Management Board of the Company: RESOLVED, that the following individuals become and hereby are, elected as the members of the Management Board of the Company to serve until the next annual meeting of the sole member or until their successor or successors are elected and qualified: Dennis Highby Mike Callahan Tim Holland RESOLVED FURTHER, the following individuals be, and they hereby are, elected to hold all of the following offices set opposite their names until the next annual meeting of Management Board or until their successor or successors are elected and qualified: Dennis Highby President Mike Callahan Senior Vice President David A. Roehr Vice President Tim Holland Vice President Ralph Castner Secretary and Treasurer Dated effective June 9, 2004. CABELA'S RETAIL, INC., a Nebraska corporation, Sole Member By: � Its: < < Q T A �-7 Dennis Highby, Mgnager ike Callaha , Tim Holland, Manager � AL 256302.1 j