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Home My WebLink AboutContract 38369-A1' � � CITY SECRETARY? �i��j n�, � �,1 � CONTRACT N0. _ ,� ✓t-Y RECEIVES m 14'}�i o �- -+ NOVATION, ASSIGNMENT AND C�N� s�cR �Y AMENDMENT OF UNIFIED SIGN AGREEMENT [City Secretary Contract No.38369] THIS NOVATION, ASSIGNMENT AND AMENDMENT OF UNIFI D SIGN AGREEMENT (this "Novation") is made and entered into as of this �( day of i� � � , 2017, by and between the CITY OF FORT WORTH, a Texas home -rule municipal corpor tion (the "C�")and EVC TARRANT PARKWAY, LP, a Texas limited partnership ("EVC"). WITNESSETH: WHEREAS, the City of Fort Worth, acting by and through its duly authorized City Manager or duly designated Assistant City Manager, entered into Secretary Contract Number (CSC No.) 38369 Unified Sign Agreement (herein referred to as the "Agreement" with P.V. Partners, Ltd, who was the sole owner of The Villas at Park Vista (now known as the SoHigh Shopping Center, which real property is legally described as Lots 1 through and including Lot 7, Block 1, and Lot 1, Block 2, The Village at Park Vista, an Addition to the City of Fort Worth, Tarrant County Texas, and containing 7.903 acres of land (the "Property"), as depicted in Exhibit A of the Agreement; and WHEREAS, the Agreement was filed March 27, 2009 and recorded in Instrument No. D209082509 in the Real Property Records of Tarrant County, Texas, is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full; and WHEREAS, Section 5 of the Agreement provides that the covenants, limitations and restrictions contained within the Agreement shall be covenants running with the land with respect to SoHigh Shopping Center and shall be binding on all parties having any right, title or interest in or to the Property, or any part thereof, and their heirs, successors and assigns; and WHEREAS, since the execution of the Agreement, P.V. Partners, Ltd.'s interest in the Property was subsequently transferred in whole to Compass Bank and from Compass Bank to Tarrant Vista Partners, LLC, filed August 9, 2010 and recorded in Instrument No. D210191943; and WHEREAS, Tarrant Vista Partners, LLC transferred and conveyed ownership of a portion of the Property referred to in the Agreement to EVC Tarrant Parkway, LP, filed October 17, 2016, and recorded in Instrument No. D216242299, Lustig Land Holdings, LLC, filed September 8, 2014, and recorded in Instrument No. D214196524, John R. Nerad and M. Therese Nerad, co -Trustees of the Nerad Living Trust, Dated December 12, 1967; and WHEREAS, as part of this Novation, Assignment and Amendment, EVC desires to continue meet the obligations as the successor in interest of the property legally described on Exhibit B attached hereto and identified on Exhibit C attached hereto; and Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) OFFICIAL RECORD CITY gECRETARY u�ARTH, TX �`'�/, NEB Page 1 of 9 WHEREAS, the parties desire to make this Novation because of their mutual interest in continuing the contractual relationship that existed between the City and P.V. Partners, Ltd, whose property interests in the aforementioned lots has been succeed in interest by EVC; AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants and agreements set forth in the Agreement the parties do hereby agree. 1. that EVC should be substituted as a successor in interest for P.V. Partners, Ltd in the above contract number CSC No. 38369 for the property described in Exhibit B. 2. that EVC has assumed all obligations under the Agreement for the property described in Exhibit B. 3. that it is consistent with the City's interest to recognize EVC has a successor party to a portion of the Property included in the Agreement 4. that Exhibit C attached to this Novation hereby amends the site plan in the exhibit labelled "A" in the Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGES] Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Page 2 of 9 APPROVED AS TO FORM AND Melinda Ramos, Sr. Assistant City Attorney [No M&C Required] Form 1295: EVC TARRANT PARKWAY, L.P. a Texas limited partnership By: EVC TEXAS GP, L.C., its general partner STATE OF TEXAS § COUNTY OF TARRANT § CITY OF FORT WORTH Randle Planning od, BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. Given under my hand and seal of office this the 13�day o , 2017 &/ '. 6 a." , � IRMA SAENZ � ; i:: `�': Notary Public, State of Texas N, ; /��'� Comm. Expiresda 01-28 2020 '�'jE OF &%%%` Notary ID 2724984 [NOTARIAI, SEAL] Unified Sign Agreement CSC No. 38369 (novation) (SoHigh Shopping Center -Villas at Park Vista) Notary Public in and for The State of TEXAS �h M 14 6nAdd) L Name printed My Commission Expires: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 9 STATE OF KANSAS § COUNTY OF SHAWNEE § I, the undersigned authority, a Notary Public in and for the State of KANSAS9 on this day personally appeared LUKE R. SPELLMEIER, MANAGER of EVC TEXAS GP, L.C., a Texas limited company, the general partner of EVC TARRANT PARKWAY, LP, a Texas limited partnership, and who is known to me, signed the forgoing instrument and acknowledged before me on this day that, being informed of the contents of the instrument, he, as such duly authorized Manager, executed the same voluntarily for and on behalf of both said liability company and limited partnership. Given under my hand and seal this the day of Aor', Notary Publ�, State of Kansas Name panted My Commission Expires: Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie S. Morales Development Manager Exhibit A CSC No. 38369 Unified Sign Agreement between City of Fort Worth and P. V. Partners, Ltd. Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Page 5 of 9 Exhibit "A" STATE OF TEXAS § COUNTY OF TARRANT N Ei` ErRETAWCR4�10T NO ;. UNIFIED SIGN AGREEMENT FOR (NAME O PROJECT) KNOW ALL PERSQNS BY THESE PRESENTS that this Unified Sign Agreement is made and entered into thisday of AYJ22 PA 20 upon the following 'terms, covenants and agreements: i 1. This Unified Sign Agreement covers real property located at .5�[7 ,3r'(a %l1 Pc�i �f. and more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). 4 4 (fife Owne. whose: address is 1 a. �� 6 ao d /i �ze ZL j�3 , 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 constructed 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 Cfty 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 0�-25-09 A^u9:31 {N Unified Sign Agreement Revised April 2004 *ACS/TRC* TARRANT Doc: OOOOli2509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 1 Of 23 Ex. 10.z. , EXECUTED on the day and year first above recited, Owner: STATE OF TEXAS § COUNTY OF TARRANT § Pw Aw.',I I Lam►. kc : G s-t elf ;A G This instrument was acknowledged before me on the day of r 20 by � � � , )p - , of PUAGI�� , on behalf of aFT6 Utz daw GIVEN UNDER MY LAND AND SEAL OF OFFICE this 3T� day of t� Me GtENDA JAYNES� My commisaton Expires NOTARY P I , STATE OF TEXAS October 26, 2010 APPROVED AS TO FORM AND LEGALITY: NO M&C REQUIRED APPROVED: j' `iClA1 r��UN1a Unified Slgn Agreement Revised April 2004 *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 3 Of 23 r CL C k y iL PO C Jbow 1 Jmt cot too • f; 9 .r. h W ti 3 Y �l C• 'per .. 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'1 ®q i 000 nF� l 'pia tt �_ Ira wr .m•dt r. .a.aox I t, w•cu I 'Rk Ile I 0nlaQ_1A BfH----- 21 let 1,1 ds r gj 3 a II fail �g is ��+_ �� __-- 1 ram'_ � 'I,ar , •� — - ----- LL R ss •QA"MAVISIA XHVd �'�,a T 1 ! TYt �•Id�;3tt � ,# #, R�+ . d'd, �.il��} aii!�$�:�#F�I � � ��{ aat{1�{xi��I � ai8; # `atetlsi��,� d1 *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 13 Of 23 *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 15 Of 23 (o *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 17 Of 23 z *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 19 Of 23 Z �- U w 7 C u J u z Z *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 21 Of 23 ay: cITY of FTW 1000 THROCKMORTON FT WORTH TX 78117 Submitter: CITY OF FORT WORTH/DEVELOPMENT 8: PLANNING SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 10ls WEST WEATHERFORD FORT WORTH, TX 76196-0401 DQ NQT DESTROY WARNING - THIS IS FART OF THE OFFICIAL RECORD. Flied For Registration: Instrument #: Dzaaoszso9 03/27/2009 0l:48 PM D209082t309 A 23 PGS . $! D0.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: MV *ACS/TRC* TARRANT Doc: 000082509 Date: 03/27/2009 Vol: 0000000 Page: 00000 Page: 23 Of 23 Exhibit B Legal Description ofEVC Tarrant Parkway, L.P. LOT 6R, BLOCK 1 OF LOT 6R, BLOCK 1 &LOT 1R, BLOCK 2, THE VILLAGE AT PARK VISTA, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE REVISED MAP RECORDED IN INSTRUMENT NO, D2162299305 MAP RECORDS, TARRANT COUNTY, TEXAS. Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Page 6 of 9 New Pylon sign . - f 8ERA0 PROPERTY It��l��AtCYUhM A ItI P { n n ` Exhibit C Site Plan TARRANT VISTA ��{�y1�� SRNI (Removed by Amendment) �I D a LDIhLG Rif OPERTY A j;' THE VILLAGE AT PARK VISTA, FORT WORTH, TX MIT+ i _ SIGNAGE SITE PLAN PYLON w.1 Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Page 7 of 9 Exhibit C Pylon sign Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Page 8 of 9 7-11 LOGO Unified Sign Agreement CSC No. 38369 (novation): (SoHigh Shopping Center -Villas at Park Vista) Page 9 of 9