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HomeMy WebLinkAboutContract 50162 a s to r CITY SECRETARY h6 Y r? CONTRACT NO._ I RECEIVO)AT TEXAS § UNIFIED SIGN AGREEMENT ,j ,JAN 1 ? 2018 § �a CITY OF FORT WggUN OF TARRANT § WALMART #2834(Park Vista) ,a CITYSECRETARY CO z� C�14 OW ALL PERSONS BY THESEP ENTS t t this Unified Sign Agreement 016 8 reement") is made and entered into this /Nay of 2010, upon the following terms, covenants and agreements: 1. This Unified Sign Agreement covers real property located in the City of Fort Worth, Denton County, Texas, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof for all purposes(the"Property"). 2. WAL-MART REAL ESTATE BUSINESS TRUST whose address is 2001 SE 10"' Street, Bentonville, Arkansas 72716; are the owners of all the Property subject to this Unified Sign Agreement. 3. All signs on the Property will be in locations shown on the sign plan attached hereto as EXHIBIT `B" (the "Sign Plan"). No signs (other than on-site building signs, such as shopping center identification signs, tenant signs, address/building signage, super graphics signage, and environmental graphics, and parking lot directional signs, such as traffic signs and way-finding signs) shall be constructed 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 premise for the limited purpose of determining the number, size and location of on-premise signs permitted in accordance with Section 6.410(G) of the Comprehensive Zoning Ordinance of the City of Fort Worth, being Ordinance No. 21653, 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 the Owners 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. Owners agree, concerning their respective parcels, to defend, indemnify and hold harmless the City of Fort Worth from and against all claims or liabilities arising out of or in connection with this Unified Sign Agreement; provided, however, the indemnification by any particular Owner under this Paragraph 6 is limited to the acts or omissions of such Owner and/or its employees, officers,agents,contractors, and subcontractors. 7. This Unified Sign Agreement will be governed by the laws of the State of Texas. $ This Unified Sign Agreement may be amended or terminated only in accordance with Section 6.410(G)(2) of the Comprehensive Zoning Ordinance of the City of Fort Worth, Ordinance • No. 21653, as amended,which reads as follows: "(a) 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 in the Unified Sign Agreeme ther than Unified Sign Agreement 2016 -2834 Cleanl "'FICIAL 11=177711 CITY 4"ZCRETARY FT.WORT,-.1,TX 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 by the agreement are in compliance with City sign regulations, as if no Unified Sign Agreement had been executed. Any signs that are not in compliance shall be removed or brought into compliance prior to approval of the agreement by the City Council. (iii) In considering whether to approve an amendment to a Unified Sign Agreement,the City Council or Director of Planning and Development,as applicable, shall consider the criteria for approval of Unified Sign Agreements set forth Section 6.410 of the Comprehensive Zoning Ordinance of the City of Fort Worth." 2,. Each Owner represents that, as of the date hereof and concerning its own respective parcel, except as provided on EXHIBIT "C" attached hereto, there are no lien holders (other than taxing entities)that have an interest in the Property or in any improvements on the Property. 10. This Unified Sign Agreement may be executed in multiple counterparts and signature pages from any counterpart may be appended to any other counterpart. All counterparts shall constitute a single, unified instrument. Facsimile or electronic mail signatures will be treated as original signatures for all purposes hereunder. 11.. This Agreement shall be binding upon and shall inure to the benefit of the Owners and their respective successors and assigns. (signature blocks on following page) Unified Sign Agreement 2016 -2834 Clean2 EFFECTIVE as of the day and year first above recited. 1i -tom OWNERS: WALAWT �,ERLrrS �jUISN�Ss ►1�1�S�C By: u" t6u 1W 6.6 STATE OF 4+..�c-- § COUNTY OF- RR Q-T �ry1► he f-- in trument was acknowledged before me this /A day of 2 1 NOTA UBLIC, STATE OF 4+- s �(L�f}Ylsl}S ) je 2l % Notary's Typed or Printed Name My Commission Expires: ' BIIG r j Unified Sign Agreement 2016 -2834 Clean3 APPROVED AS TO FORM AND LEGALITY: A7 Y�** vii ity SCcrtetsy Assistant City Attorney a�I� ai .AI }'V' F, r M&C:_ City of Fort Worth � 1295: -�)A- STATE OF TEXAS § COUNTY OF TARRANT § �n i his instrument was acknowledged before me on the l�y of �aM 11 a, 2,o 1s by t� n(JU. �- �� Y,( Assistant Cita b4aaager of the City of Fort Won behalf of the City of Fort Worth. 4-I� ori GIVEN uT1DER MY HAND AND SEAL OF OFFICE this-�*-ny of :Z 0�6. GYY JENNIFER LOUISE EZERNACK Notary Public,State of Texas '�1:! Comm. Expires 03-01-2020 Notary ub 'c, Sta of Texas Notary ID 130561630 After recording,return to: Note that this agreement is valid only after two file marked copies are returned to the City Secretary of the City of Fort Worth. Unified Sign Agreement 2016 -2834 Clean4 CITY EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Total Area: 32.630 Acres BEING a 32.630 acre tract of land situated in the Jesse Billingsley Survey,Abstract Number 70, Tarrant County, Texas being a portion of the tract of land described in the deed to Wal- Mart Real Estate Business Trust,a Delaware statutory trust,recorded in Document Number D216122994, Deed Records of Tarrant County, Texas, said 32.630 acre tract of land being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found in the northerly line of Ranchette Estates an addition to Tarrant County according to the plat recorded in Volume 388-41, Page 87, Plat Records of Tarrant County, Texas for the southwest corner of the tract of land described in the deed to the City of Keller recorded in Volume 12056, Page 2195, Deed Records of Tarrant County, Texas, also being Lot 1, Block 1, Keller Athletic Complex an addition to the City of Keller according to the plat recorded in Cabinet A, Slide 1971, Plat Records of Tarrant County,Texas; THENCE with the westerly line said City of Keller tract North 00° 31' 31" East a distance of 74.99 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP" set for the northeasterly corner of the tract of land described in the deed to the City of Keller recorded in Document Number D213033057, Deed Records of Tarrant County,Texas, for the POINT OF BEGINNING: THENCE departing the westerly line of said City of Keller tract (Volume 12056, Page 2195) with the northerly line of said City of Keller tract (Document Number D213033057) the following: South 89° 43' 24" West a distance of 395.46 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP" set for corner: North 67° 56' 42" West a distance of 67.38 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set for corner; North 55° 53' 44" West a distance of 69.56 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; North 33° 33' 15" West a distance of 114.29 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; North 57° 08' 59" West a distance of 435.39 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set for the beginning of a non-tangent curve to the right having a radius of 550.00 feet; Unified Sign Agreement 2016 -2834 Cleans Northwesterly along said curve through a central angle of 24° 26' 12" an arc distance of 234.57 feet with a chord bearing of North 46° 09' 25" West and a chord distance of 232.80 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set at the end of said curve; South 61° 56' 53" West a distance of 118.52 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; North 84° 24' 31" West a distance of 90.12 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP" set for corner; North 28° 03' 07" West a distance of 171.96 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP" set for the beginning of a non-tangent curve to the right having a radius of 1,739.00 feet; Southwesterly along said curve through a central angle of 11° 32' 38" an arc distance of 350.38 feet with a chord bearing of South 67° 00' 01" West and a chord distance of 349.78 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set at the end of said curve; THENCE departing the northerly line of said City of Keller tract (Document Number D213033057) North 17° 25' 10" West a distance of 49.21 feet to 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set for corner; THENCE North 690 23' 45" West a distance of 21.21 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; THENCE North 15° 17' 01"West a distance of 46.94 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; THENCE North 09° 17' 21" East a distance of 61.33 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP" set for corner; THENCE North 26° 03' 39" East a distance of 83.96 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP" set for the beginning of a non-tangent curve to the right having a radius of 570.00 feet; THENCE Northeasterly along said curve through a central angle of P 51' 04" an arc distance of 58.21 feet with a chord bearing of North 59° 02' 21" East and a chord distance of 58.18 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set at the end of said curve; THENCE North 610 57' 53" East a distance of 58.97 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP"set for corner; Unified Sign Agreement 2016 -2834 Clean6 THENCE North 24° 08' 09" West a distance of 5.17 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP" set in the southerly right-of-way line of Golden Triangle Boulevard (a variable width right-of-way) as described in the instrument to the City of Fort Worth recorded in Document Number D210153959, Deed Records of Tarrant County, Texas in a non-tangent curve to the left having a radius of 1,494.00 feet; THENCE with the southerly right-of-way line of Golden Triangle Boulevard the following: Northeasterly along said curve through a central angle of 04°02' 15" an arc distance of 105.28 feet with a chord bearing of North 63° 50' 54" East and a chord distance of 105.26 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP" set for corner; North 61° 49' 46" East a distance of 230.70 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP" set for corner; North 60° 41' 01" East a distance of 205.32 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; North 61° 56' 11" East a distance of 626.49 feet to a 5/8 inch iron rod with plastic cap stamped"Dunaway Assoc LP"set for corner; THENCE departing the southerly right-of-way of Golden Triangle Boulevard South 67° 44' 12" East a distance of 638.03 feet to a 5/8 inch iron rod with plastic cap stamped "Dunaway Assoc LP" set in the westerly line of said City of Keller tract(Volume 12056,Page 2195); THENCE with the westerly line of said City of Keller tract (Volume 12056, Page 2195) South 00° 31' 31"West a distance of 1,130.12 feet to the POINT OF BEGINNING; CONTAINING a computed area of 32.630 acres (1,421,377 square feet) of land. Unified Sign Agreement 2016 -2834 Clean? EXHIBIT `B" SIGN PLAN (see attached) Unified Sign Agreement 2016 -2834 Clean8 EXHIBIT "C" LIEN HOLDERS There are no current lien holders on the property Unified Sign Agreement 2016 -2834 Clean9 Prepared By: DUNAWAY 550 Bogey Avenue•Suite 400•Fort Worth.Texas 76107 Tat:817.3.75.1121.Fax:817.385.7437 IDtREC�i-1114¢ Developer: WAL—MART REAL ESTATE BUSINESS TRUST 2001 S.E. 10th STREET Bentonville, AR 72716 479.273.4000 Phone f U f ' �n4.0No baked SivWof ofFort.Worth,Lani Ordlnna ned PF"General Commercial,16 signs allowed 1,298ft. 257 ft. Frontage 1,S55ft. aasedon frontage 1.555sq.ft. ztback&height 155sq,ft. ` `4 r'wed with 10%increase 1,710 sq.ft. ed for Gowen idoft LOT 3 F~- SiyN- SignFace Area(sq.ft)height 46,472 Park VistaBhd. Multi•Tenm aniMonuent 16'x]2'-8' 20216," I.Ob ACRE Gulden Trianle Blvd Triangle Multi-Tenant Monument 10'x5'-8' 566'-r Golden Tri angel Blvd. Multi-Tenant ManumeM 10'x 5.8" 56 67-8" J fi 3delad+ed�sl.gna 314 / N L 4 opased Difference variation 35,32b' F. 4Sq.ft. 1,3%sq.ft. 81%reduction CR :igns 13less detached signs 81%reduction X LOT 5 ' 35,701 S-F. 0.82 ACRE . /e / N ! MAF-P]JAHI M]MY(I SPiI / Exhibit Showing Signs Allowed 4'6� by Right to Accompany GOLDEN TRIANGLE ADDITION Encompassing Lots 1-5, Block 1 being ±32.63 Acres 'C in the 9 '•• � ` ��� � 1 d` Billingsley Survey, Abstract No. 70 being situated in the Cit y,of Fort Worth, Tarrant County, Texas _- — ._-_.__-,_- nn,n PRE-FINISHED MESAL PARAPET COPING TO MATCH"BONE WHITE" SPLIT FACE CMU-PAINT BY METAL ERA(TYP) SW#7017'DORIAN GRAY SPLIT FACE CMU. SPLIT FACE CMU-PAINT SPLIT FACE CMU-PAINT SW#7015 SW#7015"REPO' SW#7019"GAUNTLET GRAY" "REPOSE GRAY' T.O.M. T.O.M. T.O.M. X-V 274' 23'4' -r' WEST�1 p PRO-FET ALPINE LEDGE SPLITFACE CMU Y V IST rl®NT) "BLACK MOUNTAIN" SPLIT FACE CMV PAINT SW#7522 ELEVATION HM DOOREL PAINTED PAINT SW#6082 "KNOCK OUT ORANGE" SW#7017 tOWBOUND-(TYP) "GAUNTLET GRAY" SPLIT FACE CMU-PAINT SW#7017 7CE CMU-PAINT SW#7017 SPLIT FACE CMU-PAINT SW#7015 "DORIAN GRAY" N GRAY" "REPOSE GRAY" T.O.M_ TQlul- T.0-M. 21'-4' 2a-B" T.O.M. 22'-#`- \ ZlY-6' I mmmmw � I Y EAST (REAR) ELEVATION v1DOOR*DORIAS PAINT SW#0A7'DORICE CMU PAINT Y#7017"DORIAN GRAY" SIN#7077'DORIAN GRAY" PRE.FINISHED METAL PARAPET I PAINT COPING TO MATCH"BONE WHITE" AN GRAY" BY METAL ERA(TYP) Material Color Area Percentage 7 T.O.M. 0 Split Face CMU Orange-Paint 960.00 sf 2.10% 47 25'4" Gray-Paint 41638.04 sf 91.28% Painted EIFS Blue-Paint 1650.23 sf 3.62% Stone Veneer Black Mountain 1365.79 sf 2.99% 1 PRO-FR ALPINE LEDGESTONE Total 45614.06 sf 100.00% SPUTFACE CMU PAINT 'BLACK MOUNTAIN' SW#7017"DORIAN GRAY" PRE-FINISHED METAL PARAPET SPLIT FACE CMU-PAINT COPING TO MATCH'BONE WHITE" BY METAL ERA(TYP} SW 97017"DORIAN GRAY" T.O.M. 27'-4' 6 COMPACTOR DOORS SPLIT FACE CMU-PAINT SW#7015 PAI NT TO MATCH "REPOSE GRAY" SW 97017'DORIAN GRAY' 4 EJA� 0 TApra( , 2017 Buildin Elea T E atlOi�. DESIGN REPRESENTATION ONLY-NOT FOR CONSTRUCTION The building images shown aredtions required by building codes or inspectors,materials or final design detailing. � r R.0.W. DED CA TION h (0.19 ACREIt 190 S F) � IIN `� N72` 59' 5,9"W' 4.47-� a IV ' 06' 41"W 9.13SOLID T S61" 11"W` ;� f n) + DYSL/4' + R25' 0 R20'1 ' V L=32.29 ,ya g� 16 R=110.00 `\ ¢ 0- 03, 18"W R 110.00 D + ��.. cn�• o:' 34.17 4�7 5' MDEW" ^ + R50 / � ja.ji I v v n v I Lm 36"X36" h h 5' SIDEWALK ARROW RIGHT , 02' 54"W ` SOLID 21.22 T �o� N73' 03' 19"W )N , "` 21.22 z ARROW UP �� ✓ \rcL JV/ VV/ 11 L=199.57 R=1689.00 =349. 78 7E 32 � h 17 01 46.94' N69' 23' 45"W 21.21 ' 1 v N17 25P 10"W 49.21 ' f REFERENCE ROADWAY 11 PLANS FOR WORK DONE IN ATE Ac"® CERTIFICATE OF LIABILITY INSURANCE D11/01/2017D Y) 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(ies)must have ADDITIONAL INSURED provisions or 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 Marsh USA,Inc. NAME:_—__ 1166 Avenue of the Americas PHONE P FAX No New York,NY 10036 E-MAIL Attn:Walmart.cerbequest@Marsh.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# J48574-STND-GAW-17-18 2834 INSURER A:National Union Fire Ins.Co.of Pittsburgh,PA 19445 INSURED INSURER B WAL-MART STORES,INC. Its Subsidiaries and Its Affiliates INSURER C: 702 Southwest 8th Street INSURER 0: Bentonville,AR 72716 -- INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-010"5,395-01 REVISION NUMBER. 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N.H.w,1-C AEC`-7 FOP, '-47 POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC_._._... .... . ..__. __. 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. INSRPOLICY EFF D TYPE OF INSURANCE JADDL,':SUBR POLICY NUMBER LIMITS � MM/DD/YYYY MMIDY,/YV'Y'Y EXP LTR A X COMMERCIAL GENERAL LIABILITY i GL 6939002 09/15/2017 09115/2018- EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR $2,000,000 Self-Insured Retention PAMAG ToREMISES E Eoccu ante $ 1,000,000 MED EXP(Any one person) $ NIL PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY❑ PRO- JECT 7 LOC PRODUCTS-COMMOPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINC-LE LIMIT $ Ea acodent' ANY AUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:Store#2834, Fort Worth(Golden Triangle) Evidence of Insurance for Encroachment CERTIFICATE HOLDER CANCELLATION CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE USA17-00005 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 TEXAS STREET ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH,TX 76102 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Ann-Marie Fleming aAvr\ L40-1 .......... ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) 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 contact, including ensuring all performance and reporting requirements. dame of Employee Janie S. Morales Department Manager