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HomeMy WebLinkAboutContract 49524 t " CITY i SECRETARY CONTRACT N0. a4— EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and Castle Equity [full legal name], a LLC [type of entity] ("Licensee"), acting by and through its duly authorized Manager [title], owner of the real property located at 9525 N. Beach Street , Fort Worth,TX 76 244("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a Slope Easement easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to constructiplace and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and condi set forth in this Agreement to accommodate the needs of the Licensee. 10�y� NOW, THEREFORE, the City and Licensee agree as follows: A RF AGREEMENT a cm'oF"O, 8'V17 �YTy ao 'l Ot g City, in consideration of the payment by the Licensee of the fee set out be covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the City's Easement for the purpose of a monument pylon sign (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown. thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2. OFFICIAL RECORD 2015 Easement Encroachment Agreement-Commercial CITY SECRETARY age 1 of 12 FT.WORTH]TX Lev.02/2015 All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may,enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. 2015 Easement Encroachment Agreement-Commercial Page 2 of 12 Rev.02/2015 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parries hereto that the Easement to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose,whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR 2015 Easement Encroachment Agreement-Commercial Page 3 of 12 Rev.02/2015 ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 8. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit"A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. 2015 Easement Encroachment Agreement-Commercial Page 4 of 12 Rev.02/2015 11. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 12. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Encroachment over or within the Easement and is not a conveyance of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the written approval of City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property,and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of 2015 Easement Encroachment Agreement-Commercial Page 5 of 12 Rev.02/2015 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 18. This Agreement shall be binding upon the parties hereto,their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 Easement Encroachment Agreement-Commercial Page 6 of 12 Rev.02/2015 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City Licensee: Castle Equity, LLC CITY OF FORTW TH Andrew Miller W 4andle o Name: Andrew Miller Director Title: Manager Planning and Development Date: ad 20_0 Gel ATTEST: Approved As To Form and Legality F FOR ty Sec aT Assistant City Attorney * :_ 1-ZXAS OFFICIAL RECORD CITY SECRETARY fi°T.WORTH,TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 12 Rev.02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on us 201_ by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. Notary Publi , SLA of Texas MARYBEL PINA 5 Notary Public,State of Texas "• •+�. MY Commission� .•' on Ezpires September 10, 2018 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 12 Rev.02/2015 STATE OF Texas § COUNTY OF Tarrant § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Andrew Miller , Manager (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of Castle Equity a LLC , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of May , 2017 . ESSE GOBER Nota My Commission ry Public,$tate of lexas Expires 4 October 20, 2Q15 Notary Pu is in and for the State of Texas 2015 Easement Encroachment Agreement-Commercial Page 9 of 12 Rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY Field Notes to that certain tract situated in the Samuel P. Williams Survey, Abstract No. 1690, City of Fort Worth,Tarrant County,Texas,said tract being all of the land described in deed to Heritage Glen Retail Joint Venture recorded under Instrument Number D205001429 of the Official Public Records of Tarrant County, Texas, save & except the tract described in the deed to the City of Fort Worth recorded under Instrument Number D212271298 of the Official Public Records of Tarrant County, Texas; the subject tract being more particularly described by metes and bounds us follows: Beginning at a 1/2 inch capped rebar stamped"Goodwin&Marshall'(hereinafter referred to as"G&M") found at the Southwest corner of the tract described in the deed to the City of Fort Worth recorded under Instrument Number D212271298 of the Official Public Records of Tarrant County, Texas, same being the most Northerly Northwest comer of the right-of-way dedication for North Beach Street and Heritage Glen Drive as dedicated on the plat of Heritage Glen Addition recorded under Instnument Number D201309029 of the Official Public Records of Tarrant County,Texas; Thence with the Northerly right-of-way dedication far said North Beach Street and Heritage Glen Drive, the following calls: 1. South 00 degrees 14 minutes 40 seconds East, a distance of 43.50 feet to a found 1/2 inch rebar; 2. South 44 degrees 45 minutes 20 seconds West, a distance of 14.14 feet to a found 1/2 inch capped rebar stamped"G&M": 3. South 89 degrees 45 minutes 20 seconds West, a distance of 230.00 feet to a found 1/2 inch capped rebar stamped"G&M'; 4. South 87 degrees 50 minutes 47 seconds West,a distance of 150.08 feet to a bend in the right of way, from which a found 1/2 inch capped rebar stamped "G&M" bears North'4l degrees East a distance of 0.18 feet; 5.South 89 degrees 45 minutes 20 seconds West,a distance of 168.93 feet to the Southeast corner of Lot 2X, Block 12 of Heritage Glen Addition recorded under Instrument Number D202135970 of the Official Public Records of Tarrant County,Texas; Thence with the Easterly line of said Lot 2X,the following calls: 1.North 00 degrees 14 minutes 40 seconds West, a distance of 136.33 feet to a found 1/2 inch capped rebar stamped"G&M'; 2. North 47 degrees 16 minutes 10 seconds West, a distance of 303.76 feet to a found 1/2 inch capped rebar stamped"G&M'; 3.North 71 degrees 17 minutes 42 seconds West, a distance of 104.53 feet to a found 1/2 inch capped rebar stamped"G&M'; 4. North 44 degrees 47 minutes 11 seconds West, a distance of 81.23 feet to a found 1/2 inch capped rebar stamped"G&M"; 5.North 00 degrees 02 minutes 03 seconds West, a distance of 178.56 feet to a found 1/2 inch capped rebar stamped"G&M'; 6. North 36 degrees 09 minutes 29 seconds East, a distance of 57.64 feet to a found 1/2 inch capped rebar stamped"G&M"; 7. North 56 degrees 26 minutes 29 seconds East, a distance of 91.04 feet to a found 1/2 inch capped rebar stamped"G&M'; S. North 19 degrees 44 minutes 02 seconds West, a distance of 49.59 feet to a 1/2 inch capped rebar stamped "illegible" found at true South corner of Lot 6X, Block 12 of Heritage Glen Addition recorded under Instrument Number D203399842 of the Official Public Records of Tarrant County,Texas; 2015 Easement Encroachment Agreement-Commercial Page 10 of 12 Rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY Thence with the East line of said Lot 6X,the following calls: 1. North 67 degrees 47 minutes 43 seconds East, a distance of 124.05 feet to a found 1/2 inch capped rebar stamped"G&M'; 2. North 53 degrees 36 minutes 36 minutes 00 seconds East, a distance of 69.35 feet to a found 1/2 inch capped rebar stamped"G&M'; 3. North 25 degrees 50 minutes 14 seconds East, a distance of 90.72 feet to a found 1/2 inch rebar, 4. North 36 degrees 50 minutes 52 seconds East, a distance of 139.65 feet to a found 1/2 inch rebar; 5.North 42 degrees 58 minutes 10 seconds East,a distance of 115.50 feet to a set 1/2 inch capped rebar stamped"JPH Land Surveying'; 6.North 32 degrees 22 minutes 58 seconds East, a distance of 130.44 feet to a found 1/2 inch rebar; 7. North 22 degrees 42 minutes 12 seconds East, a distance of 327.42 feet to a found 1/2 inch rebar; 8.North 33 degrees 09 minutes 54 seconds East, a distance of 51.37 feet to found 1/2 inch bent mbar; 9.North 89 degrees 40 minutes 37 swards West,a t%tWee 046400 feet to the Southeast comer of Lot 83X, Bork 140 of Heritage Addition reamded under lnsbrwmt Number 13212057862 of the Oftloial Public Records of Warrant Cauntyj Texas, J yam which a found 5/8 inch capped robar omped "Carter de 13wgnna"bem South 9 4Vves West a distance of 0.28 feet; Thence with the Southeast line of said Lot 83X,the following calls: 1. North 20 degrees 55 minutes 0,2 seconds East,a,distanoc of 74.72 feet to the beginning of a regent curve concave to the Sotttlnwst having at todtus of 400.00 feet from which a found 5/8 inch capped tobar atntnpet) Varta & Burg " beats South 48 degrees West a distance of 0:26 feat, 2.In a Northeasterly direction,an ars length of 273.11 feet(delta angle 39 degrees 07 minutes 12 seconds)to the end of the said tangent curve,from which a found 3/9 inch capped rebar stamped"Carter&Burgess"bears South 83 degrees Wort a distance cf 035 feet, 3.North 60 degrees 02 minutes 14 seconds Bast, a distance of 117.42 feet to-a l/2 inch capped rebar stamped "SPH Land Surveying"set at the Northwest cornea of said tract described in the deed to the City of Fort Worth recorded under instrument Number D212271299 of the Oficial Public Records of Tarrant County,Texas THENCE with the West Ione ofthe said City of Fort Worth tract,the following calls: 1. South 00 degrees 20 minutes 2$seconds East, a distanoc of 834.13 feet to a 1/2 inch capped rebar stamped"JPH Lamd Surveying"set at the beginning of a curve concave to the West having a radius of 2,940.00 feet; 2. In a southerly direction,an are length of 126.50 feet(a delta angle of 2 degrees 27 minutes 55 seconds) to a % inch capped rebar stamped "7PH Land Surveying" set at the end of the said tangent curvo; 3. South 02 degrees 07 minutes 31 seconds West, a distance of 266.04 feet to a 1/2 inch capped rebar stamped "MI-1 Land Surveying" set at the beginning of a tangent curve concave to the East having a radius of 3,060.00 feet; 4. In a Southerly direction, an are length of 126.90 feet(a delta angle of 2 degrees 22 minutes 34 seconds)to a '/2 inch capped rebar stamped "JPII Land Surveying" set at the end of the said tangent curve; 5. South 00 degrees 15 minutes 03 seconds East a distance of 495.12 fret returning to the Place of Beginning and enclosing 24.1086 acres. 2015 Easement Encroachment Agreement-Commercial Page 11 of 12 Rev.02/2015 s NOW Tffrk F 111 SNOW ALL w[N VV TIIQ[ra�NR 1 TNAT,]rr, % RroJ JaWY n.,.d eywlSSfi b�n4rTi AW6e d•y K_144•o>o.1.Iem� owubr. die ck,Of Fw w rftO,E�c""T "f&hf u a.&-Gi melee M.a r-/a fid r.m•fd1s n vo Cowry,Ta••A 1.be i,ri5 dedim b A05v d al I0d dram dews 9eram m ee B I pOAt•�velrr oedwie dma nd dw te'•i�Mop rler IIyL _ 6rRT.c.,. I�3`ry b sr. EXHIBIT "A99 i "An Map of Encroachment and Ease tcoLwm o06wdsyd ]014 beY m, pmvWy•grM girt leo °04 e$ T� ! 1c r .f K.*W Gk.Rr WAJ V-,wi.p.W tr er d d b i•e1 23X r141rr5 trw-trk bP_wter-i relraMtrw9li ftr dd•dtwb4od b_Y6. Ileril•Oe Add4in s /r^1• ! YG IlJ mra•1db-ili rlbmM 40•el¢,r/Y99 tH1•�ewibira-1.41berirspetehel9d,dtirab 1..#21205196] y­ 4WS-SOeiMd•ti. O.F.R.T.c.T. 1 w11l3'ddrl9ULTV o9961fA1V rNsb ieoo dlb Gde diad,Y b Yfol•�pr�eeph i wr edaara6, T(I7NF8 mpIn0d4oMJ•1ldL rWi MMd ] Sy.•Y R F1mdpM'Bs! a d, yr 1laiewm frWrlin I `,r ICIY~Wdb •A-5'-f -F,.Qy Nar9 rritir ird Orb ArdTb /,� n vtliR6ie A_rr 1NtrrfpeWk LLT Cs�ilbw6Nir. w / a w-I N32`37'19R 3.17 91 tT �NH9.3]'12RV • 2w.d' w � II, \ Land Use Table / / i Ldt 3 y 7 2q I � \ Lind Use No.ofLots Agee / / _-^,•�� 4/e! / N?e�1�`e r�i,. \ \ Lots Is 24.108 If Open Space S. strects Z_ \ \ Prop.Public Park -5ry..:- .a \ \ Total Is 24.108 a' of A � / N90• 'W/81.12 tP � \ \ \ -,Na•4tsrC `4 212o.1T- I wedlz \ \ \ / /''`�\\ >�. 118.80 �J. ar9tw�.e I ! I �AYYfm 3,2p-f. I LdS 3 9]e eRr<.r I ` L-12esa.a-z9w.ov /�7a \ / / t •ib/pliwpli+dllsr I Il a]w- I ! l: n.15. f144e M Aa I) T4q M 70 I IM.a• w.w w. I- `� 1239' Y 190'9Pw'E 391.4' rgdYwrarq I vl "p f / l\ ° Lot? •AA'Od-Fa)r I I 2 LM3 F s a9a- Iftlq.�` \ ! 79'.03•pdeY I � � I I I I r 4a3n14y.Y\ \ - _ 781.4 ! I n I -• I I I I \\��, 9irwld�~ �- \ -1]1.4".- .r.:11.09. I ! � I I I 0.31' rtw4Y:•r' 772.4' Lot 10 Lat 9 / ��• I �m1 I Let II / aA. �- am- 1.113- k t• ��I III �e / perl 9 $ }Af66r#s1. -- n34 R�oY y I I I #0W3 w C✓'Y r' \ 4.14 d 1 1 qk Ird�99der9r Nor _ _ N90'OV00'E- N90'OVw'E Nw•wwE "•-�Y dam' / .f'Q' •s aoaw -1,73T- ! 17L W 2033T y x Ses 041 1r .3N / � I- na er. ( f wr•urd.u.r�� HMu fe Glen ReWl Join Veboe I I I 13,1.329d'E / W1.ND205001429 II r.w O.FAT.CT. ISO= III: I I I I •ev, 'r' / Rem�i1I424.1016 Roes �- 27adTg9Y 7a.171w�YII I� ! ` L 42a.9a. �70N.9V 11 e•mz•22 Cil dFo91 W9M Zomlf 1/, I I I I I * / amu` 'E"-Neid16a9bod C91mee6J 9.99� I / � � i.r.rlra...// � I L•00.02' I I L 1.NI � I Lot I Lot 15 II i I I I I\ � `�+, l SIO.SA•WreY` I � � I' 2e]9D�9Y !s- LoN 14 1 !4 IA7!trtr 1 N9e•000YE J`1 SSW* \\ \ fib; �r .ru w.n. 98.7 e r arm+r.v ! \ 690 \ \ \\ A�+w.6.ir_Mrra r / , ��M em \ eb \�/�/�.X•',, \\ sirwn 'N.9T .N90°oD'W E 11yy -11619 a=23.OV FaAwr•rreM \ •� c el2.3n9'w 9.4' olyO�tIs T \ Ld 17 3200- 139317.*_ ]00-IM]f/•9d•Y 1 y III 'P.a e. 'S00'7F11 \\ linea C/ 1 SNnl43•W 68.93' N87'1#12'E 150.08 S89`2V45"W 210.00' 9N±9x1+ rule Come9ev L.-Ye's Ti11e Cae4aly - - soC-P 27132 Vkgiaia►waWe7' r16es' •�"ew r-7-77 2015 Easement Encroachment Agreement-Commercial Page 12 of 12 Rev.02/2015 CITY SECRETARY qKltCONTRACTNO. STATE OF TEXAS § ' y - UNIFIED SIGN AGREEMENT h r r Haitage Glen Office Park Pr- COUNTY OF TARRANT § (NAME OF PROJECT) �b KNOW ALL PERSONS BY THESE PRESENTS,,## nified Sign Agnent is made and entered into this 14th day'of Mardi 2017,upon the following kcir-M, covenants and agreements: 1.This Unified Sign.Amt covers real property located at:9525 North Beach Street,Fort Worth Texas 76244 and more particularly descn`bed in Exhibit"A"attached hereto and made a part hereof for all purposes(the"Property"). 2. Castle Equity, LLC (the "Owner"), whose' address is. 251 E. Southlake. Blvd, Suite 100, Southlake Texas 760! ,is the owner of all the Property subject to this Unified Sign Agreement. 3. Signs shall be constructed on the Property in accordance with the sign plan attached hereto as Exhibit'B"(the"Sign Plan"). No signs shall be eructed on the Property or allowed to remain on the Property,except as reflected on the Sign Plan. 4.All parties hereto covenant and agree that the Property covered by this Unified Sign Agreement will be collectively treated as a single premises for the limited purpose of determining the number,size and location'of on-premise signs permitted in accordance with Section 6.404(F)of the Comprehensive Zoning Ordinance of the City of Fort Worth,being Ordinance No. 13896,as amended. 5.The covenants,limitations and restrictions contained herein shall be covenants running with the land with respect to the _ Property and shall be binding on Owner and all parties having any right,title or interest in or to the Property,or any part thereof and their heirs,successors and assigns. 6. Owner agrees to defend,indemnify and hold harmless the City of Fort Worth from and against all claims or liabiliti arising out of or in connection with this Unified Sign Agreement. 7. This Unified Sign Agreement will be governed by the laws of the State of Texas. 8. This Unified Sign Agreement may be amended or terminated only in accordance with Section 6.404(F)(7)(b)of the Comprehensive Zoning Ordinance of the City of Fort Worth,Ordinance No. 13896,as amended,which reads as follows: (b)A Unified Sign Agreement may be amended or terminated as follows: i)The amendment or termination agreement shall be executed by all owners of the properties included the Unified Sign Agreement,and all lien holders,other than a taxing entity,that have an interest in land covered by the agreement or an improvement on such land. ii)A termination agreement shall be approved by the City Council if all signs on the property governed the agreement are in compliance with City sign regulations,as if no Unified Sign Agreement had bee executed.Any signs that are not in compliance shall be removed or brought into compliance prior to approval of the agreement by City Council. iii)In considering whether to approve an amendment to a Unified Sign Agreement,the City Council or Director of Planning and Development shall consider the criteria for approval of Unified Sign Agreement set out in Paragraph F.3 9. Owner represents that there are no lien holders,other than taxing entities that have an interest in the property or any improvements on the Property. Lien holders must also execute this agreement. t EXECUTED on the day and year first above recited. Owner Oninted}:Castle Equity,LLC A Texas Limited Liability Company By- STATE .STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged befone me on the 10 day of March 2017 by Andrew Miller, Manager on behalf of Castle Equity LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14"day of March 2017. JESSE 605ER _ ?. Notary Pub0c.State of lexos W con owan Exores October 20, 2018 NOTARY UB OF TEXAS APPROVED AS TO FORM APPROVED: AND LEGALITY: Assrsta t City Attomey d I? Director of Planning d De pment rr0R-r R OW1d P.GonzW CS,Asst. City Ste► �000w�w4rAMMp t f / / v trtapeb,rra.w.t pw1Yy. Muf.t`1r h+ip / f{ 1 e i � maaw�ea°M�" I ►,�a ixeacie � I t/ �/ I � I w cRrr+►aK as sr+ FUM 'it AOF, /� � to ON i s B I it Cr( ur-�` irrw�uwtfaxswn � +- tin+a,sm*• sdwwsw.arar :fi�l � is+uwc�le�m s *rr aewa I I N rn W>•ntOwr• vp. l...--__._._. !- (} I- ---- -----I 040 049"M _ i �.I �s rn«iweu+erwn � I a ruwcue65�nwta I t r 'I �� caaru�»+.o.e•n I m.oecsmsx�.a.+n t / /-Y M11"ZOMPO F arf2t I I1 O f "-A I— - 1 I � I be►uuc+vx.asifv.�.«t frglFrA�7EWS�MMQfrKG O1K1 1 / r orwe il2µxnt Kt#C11SM" 4 +�1 Client PJame: Heritage Glen Office Park contact Person: Jess Gober TECLO 30309 TSCLY 18741 Address: 9525 N Beach St Contact Dumber: 817-337-3433 cit i state i z. : Fort Worth TX Contact E-mail: 1e"6511'"01""0"•s .oa.«.cs DM­ Sales r� fuw.sr+mr sales RepresentaCrve:Curt HOfdk �011 68.00" ► 20" 34.63" 65" 12.1' 9525 9" E (2)Sets of.25"Deep Flat Cut Aluminum R Painted Dark Bronze ' Stud Mounted Flush T A G E m Visual Opening 65"w x 12.1'h N 1.5"Retainers and divider bars G f L E .� N (2)Sets of 162"X 10.2" Letter height is 9" 95259" .25"Deep Flat Cut Aluminum s, Painted Dark Bronze Stud Mounted Flush I , 192"X 68"X 20" Double sided Cabinet with routed aluminum face painted Matthews Dark Bronze and white 3/16"plex.Internally illuminated with florescent illumination.173"X 35"Decorative masoned side panel with 1/8"aluminum routed copy,18"X 121"Cast Stone. -2 foot deep foundation -7 foot pier 24"diameter with 8"diameter pole going to top of cabinet sign. -7 foot pier 24"diameter under the rock structure 24" 6„ -Tie all the steel In piers with T foundation beam. 24" 2a" Client Name. Heritage Glen Office Park Contact Person. Jess Gober TECLt 30309 TSCLt 18741 Address: 9525 N Beach St Cuntuct Number: 817-337-3433 city/State i zip: Fort Worth TX Contact L-mad. Sales Representative:Curt HOrek r� i •—•---� >�1�`s�tWcM t - - SSiii . . Slsfsf t ! I (4) Vonenvltt i r. r. ces . aaxaae: er. y Sig- ti � �344aifi38333�8i3i , IIQ l ytyt • p ,s I I � * rlttt'rx_ rrrrrua nam i ti u j 20'setback Client Name. Heritage Glen Office Park Contact Person. Jess Gober TECL#30309 TSCLS 18741 Address: 9525 N Beach St Contact Number. 817-337-3433 ruvwrorn.ntnwartnronaranrouw.n .e a a ice.®r�rra..cu.a�an.�wrm Cil /State/zi «m n..ao.r�nun.+�nroaN�.c. Fort Worth,TX Contact E mad: .�, .. .. . Sales i9epresentatwwe:Curt HOrak ®® DATE(MMIDD/YYY1) /�C C40 CERTIFICATE OF LIABILITY INSURANCE 12/6/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hotchkiss Insurance Agency,LLC PHONE 800-899-3750 UQC FA't .972-512-7799 4120 International Parkway Suite 2000 Carrollton TX 75007 INSURERS AFFORDING COVERAGE NAIC■ INSURER A:Cincinnati Specialty Underwriters 1 13037 INSURED CASTDEV-02 INSURER B: Castle Development Group,Inc. INSURER C: 251 E.Southlake Blvd,Ste 100 Southlake TX 76092 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 17730816 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLSUOR POLICY EFF POLICY EXP OMITS LTR INSD WVD POLICY NUMBER MMIOD MM/DD A X COMMERCIAL GENERAL LIABILITY CS00079517 2/5/2017 2/5/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO REN CLAIMS-MADE XZ OCCUR PREMISES Ea=Uncel $100,000 MED EXP(Any one person) $0 PERSONAL 3 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JECT LOC PRODUCTS-COMPlOP AGG $2,000,000 POLICY❑ OTHER: $ A AUTOMOBILE LIA6ILITY CS00079517 2/5/2017 2/5/2018OMBI ED SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) 5 AUTOS SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED R P DAMAGE $ AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR CS00079518 2/5/2017 2/5/2018 EACH OCCURRENCE $1,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $1,000,000 DED I X I RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y i N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTNE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ it yes,describe under IDESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabillity CS00079516 2/5/2017 2/5/2018 Each Occurrence 1,000,000 Annual Aggregate 1,000,000 Retention 20,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached N mon space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth Tx 76102 AUTjyHORIZEED".R.�EPRESENTATIVE 7J ©J 1988-2014 ACORD CORPORATION. All rights reserved. ORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performapce and reporting requirements. 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