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Home My WebLink AboutContract 35301-A1 CITY SECRETARY CONTRACTNO.. ?6361 --El FIRST AMENDMENT TO UNIFIED SIGN AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THIS FIRST AMENDMENT TO UNIFIED SIGN AGREEMENT (the "First Amendment") is made and entered into this I A+IN day of h. , 201j by SUSO 2 FORT WORTH LP, a Delaware limited partnership ("Slate") and CHICK-FIL-A, INC., a Georgia corporation("CFA"). WHEREAS, Margaux Altamesa Partners, LTD., a Texas limited partnership, executed that certain Unified Sign Agreement dated April 27, 2007, approved by the City of Fort Worth on May 17, 2007, and recorded in the real property records of Tarrant County, Texas (the "Records") on May 18, 2007, as Clerk's File No. D207173083 (the "Sian Agreement") for the Property(as defined in the Sign Agreement); WHEREAS, Margaux conveyed a portion of the Property to CFA pursuant to that certain Special Warranty Deed dated June 28, 2011, and recorded in the Records on June 30, 2011, as Clerk's File No. D211155930(the"CFA Property"); WHEREAS, Slate and CFA desire to correct an error in the metes and bounds legal description for the Property; and WHEREAS, CFA desires to remove and replace the existing monument shown in the Sign Plan(as defined in the Sign Agreement)with a pylon sign in substantially the same location (the"CFA Pylon Sign"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Slate and CFA do hereby amend the Sign Agreement as follows: I. Property Legal Description. Exhibit"A"of the Sign Agreement is hereby deleted in its entirety and substituted with the Exhibit"A"attached hereto in lieu thereof. 2. Siggage. a. Removal of Monument Sign. The Site Plan attached as the first page of Exhibit "B" of the Sign Agreement is hereby amended to (i) delete the existing Monument sign and(ii)incorporate the GFA Pylon Sign as shown on the site plan attached hereto as Exhibil 1113-1" (the "CFA Site Plan"). All references to Exhibit "B" in the Sign Agreement shall also include Exhibit"B-1" b. Installation of CFA Pylon Sign. The Monument plan attached as the last page of Exhibit"B"of the Sign Agreement is hereby delete and substituted with the CFA Pylon Sign plan attached he 160,Exhibil t�1 24751464x.4 CITY SECRETARY FT.WORT",TX "B-)" in lieu thereof. All references to Exhibit"B' in the Sign Agreement shall also include Exhibit"B-2". 3. Defined Terms. Any capitalized term used but not defined herein shall have the same meaning given to such term in the Sign Agreement. 4. Effect of First Amendment. Except as specifically amended by the provision hereof, the terms and provisions in the Sign Agreement shall continue to govern the rights and obligations of the parties thereunder, and all provisions and covenants of the Sign. Agreement shall remain in full force and effect as stated therein. This First Amendment and the Sign Agreement shall be construed as one instrument. Terms, provisions and covenants of this First Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors-in-interest and legal representatives. [signatures begin on following page] Page 2 34751460v.4 IN WITNESS WHEREOF, the undersigned parties have signed and sealed this First Amendment as of the day and year first above written. SUSO 2 FORT WORTH LP By: SUSO 2 Fort Worth GP LLC,its general partner By: Slate U.S.Opportunity(No.2)Holding L.P., its manager By: Slate U.S.Opportunity(No.2)Holding(GP)L.P., its general partner By: Slate Holding(GP),LLC,its general partner By: Paul F.Wells,Manager STATE OF !J r w ' 661- COUNTY OF E This instrument was acknowledge before me on the I e day of of c,..�c r•, 2016 by Paul F. Wells, Manager of Slate Holding (GP), LLC, the general partner of Slate U.S. Opportunity (No. 2) Holding (GP) L.P., the general partner of Slate U.S. Opportunity (No. 2) Holding L.P., the manager of SUSO 2 Fort Worth GP LLC, the general partner of SUSO 2 Fort Worth LP,a Delaware limited partnership,on behalf of said partnership. is w #a" �� Name rint): Jose V 9. Ue:�! in aft county Notary Public, State of texas- M►CouWaMm Vx0mJon.26•201 My commission expires: r 1 z.${Z®tib Page 24751460v.4 CHICK-FIL-A,�NC. By: _A - eA'ev Print Name: J y.� Print Title: ' . nsnc.rinnt and AsSW �tQa STATE OF GM I k- COUNTY OF � ,j. OS, . 4z1/', a Notary Public for the aforesaid County and State, certify that _ personally came before me this day and acknowledged that {s}he is M I Lr ' S d of CHICK FILA,INC., a Georgia corporation and that he/she, in such capacity,being authorized to do so, -executed the foregoing on behalf of!he corporation. P-1-Witness my hand and notarial stamp or seal, this day of , 2016. My Commission Expires: �.``� ;'°� °""'•. 'otary Public looa nc�ve Y Notary's printed or typed name 'OuBti�C �. ••,��pN C��,4,�C't,, [NOTARIAL Page 4 24731460v.4 APPROVED AS TO FORM AND APP OVE LEGALITY: ---� ' RANDLE HARWOD Assistant City Attorney ssistane Flar+nw,raxtc4 ity of Fo Wortll oQ"vAW1+brrxitr Attest b �� FART City Secretary Contract Authorization �2q V Date STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledge before me on the gay of by RANDLE HARWOD �ssistantC-itp>ZalamaYerof the City of Fort Worth. _ �YGt(r or"Vned p 1, Lo pAA N Ckw GIVEN UNDER MY HAND AND SEAL OF OFFICE thismlQ•`day ofc'-p-n" 2011.0 i Nam4Pn'*nQ 11 MIT- 1.....''1, JENNIFER LOUT ERNACK Notary Public,State ofTexas @ �} Notary Public,State of Texas My commission expires: ttt///t iiittt✓✓✓ Comm, Expires 03-01-2024 Notary fQ 134561630 After recording, return to:. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Page 5 24751460v,4 Exhibit"A" Property Legal Description BEING a tract of land situated in the J.M.B. SMITH SURVEY, Abstract No. 1412 and being a portion of LOT 6, BLOCK. 202 of the WEDGWOOD ADDITION, an addition to the City of Fort Worth as recorded in Volume 388-131, Page 52 of the Plat Records of Tarrant County (P.R.T.C.T.), being all of Lot 6-C, Block 202, WEDGWOOD ADDITION, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 31.4 (CC #DI 89213722), P.R.T.C.T., being all of Lot 6-A, Block 202, WEDGWOOD ADDITION, an addition to the City of Fort Worth as recorded in Volume 388-164, Page 40, P.R.T.C.T., being all of Lot 5R2-2, Block 202, WEDGWOOD ADDITION, an addition to the City of Fort Worth as recorded in County Clerk's File No. D2101.40124, P.R.T.C.T., and being all of Lot 511-1, Block 202 WEDGWOOD ADDITION, an addition to the City of Fort Worth as recorded in County Clerk's File No. D208151378, P.R.T.C.T., also being all of the same tracts of land (Tract I & Tract II) as described in deed to Margaux Aitamesa Partners, Ltd., recorded in County Clerk's File No. D203454024,Deed Records,Tarrant County,Texas(D.R.T.C.T.), and a portion of a tract of land as described in deed to Margaux Altamesa Partners, Ltd., recorded in County Clerk's File No. D203454025, D.R.T.C.T., and being a part of Lot 5112 in Block 202 of WEDGWOOD ADDITION, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 12640 of the P.R.T.C.T. and as described in deed to Chick-Ol-A, Inc., recorded in County Clerk's File No. D2111.55930, D.R.T.C.T.,and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with red plastic cap stamped "WAI" set for the most southerly southwest corner of said Lot SR-1, Block 202,said iron rod also being in the northerly right-of-way line of Alta Mesa Boulevard(t65' right-of-way); THENCE North 00 deg 19 min 23 sec West, departing the northerly right-of-way line of said Alta Mesa Boulevard and along the west line of said Lot 5R-1, a distance of 730.49 feet to an "X" cut in concrete set for comer, said "X" cut being the northwest corner of said Lot 511-1, Block 202; THENCE North 89 deg 29 min 48 sec East, departing the west line and along the north line of said Lot 5R-1, a distance of 442.29 feet to a 1i2 inch iron rod found for comer, said iron rod being the northeast corner of said Lot 5R-I and the most northerly northwest comer of aforementioned Lot 6,Block 202; THENCE along the north line of said Lot 6, Block 202 the following: South 65 deg 36 min 08 sec East,a distance of 176.27 feet to a 112 inch iron rod with red plastic cap stamped"WAI"set for corner; North 89 deg 32 min 32 see East, a distance of 185.00 feet to a 5/8 inch iron rod found for corner; North 71 deg 51 min 15 sec East,a distance of 98.74 feet to a 518 inch iron rod found for corner; North 89 deg 32 min 32 sec East, a distance of 118.00 feet to a 112 inch iron rod with red plastic cap stamped"WAI"set for corner, 24751460v,4 South 49 deg 47 min 32 sec East,a distance of 264.25 feet to a 1'2 inch iron rod with red plastic cap stamped "WAl" found for corner in the northwesterly right-of-way line of McCart Avenue (120' right-of--way); THENCE South 40 deg 06 min 34 sec West, along the northwesterly right-of-way line of said McCart Avenue, a distance of 585.33 feet to a Railroad Spike found for corner, said Railroad Spike being the southeast corner of aforementioned Lot 6-C, Block 202; THENCE North 71 deg 36 min 26 sec West, departing the northwesterly right-of-way line of said McCart Avenue and along the southerly line of said Lot 6-C, Block 202, a distance of 153.96 feet to a 1/2 inch iron rod with red plastic cap stamped "WAl" set for corner from which a 112 inch iron rod found bears North 77 deg 04 min 05 sec East, a distance of 1.02 feet, said set iron rod being the southwest corner of said Lot 6-C,Block 202; THENCE South 68 deg I 1 min 34 sec West,at a distance of 82.00 feet,passing the most easterly northeast corner of aforementioned Lot 6-A, Block 202, in all a total distance of 117.72 feet to a 1/2 inch iron rod with red plastic cap stamped "WAl" set for corner, said iron rod being a F.1. point for said Lot 6-A,Block 202; THENCE South 27 der 59 min 34 sec West,along the southeasterly line of said Lot 6-A, Block 202, a distance of 153.96 feet to a 1/2 inch iron rod with red plastic cap stamped "WAI" set for comer, said iron rod being the southeasterly corner of said Lot 6•A, Block 202 and being in the northerly right-of-way line of aforementioned Alta Mesa Boulevard; THENCE North 83 deg 43 min 26 sec West, passing at a distance of 57.75 feet the southwesterly corner of said Lot 6-A, Block 202, in all a total distance of 193.69 feet to a 1/2 inch iron rod found for corner, said iron rod being the southeast corner of aforementioned Lot 5R2-2, Block 202; THENCE North 83 deg 39 min 29 sec West, along the northerly right-of-way line of said Alta Mesa Boulevard,a distance of 301.86 feet to the POINT OF BEGINNING; CONTAINING within these metcs and bounds 16.036 acres or 698,507 square feet of land more or less. $4751460v_4 -t.�—._-. _..._......�.._.-,.,._ _.._.._�._.....,.._ ... ..C T' THU UNL§ -RCUNU sFORA c rANKs ilu FURE Y SLANG _. r, Kroger Fuel Par- Chick-fil-A Parcel Oi h0 4&r 4s 0. ._e_..EA zi r R�PGS u 1 / F►JE N w N A s r-whLI, lEi Ak.p _ _ 5VrWALt� i K i"M ICfkJ sm r L10�fN£GTldW / , .�t s FUELPYLCX'1 ra�'d ve ;65, x. 1/hr n Exhibit KB-2" CFA Pylon Sign Plan [Attached] 247514(0v.4 3 t Ancone/293 � I � � Paebee MlditN SkmaWine 0SW7ii7 tlim 0.d(5»eo rmA( t ( neyaaruaMew Chide-ffl-A 9 I='� :B w Va•Drdv�xe�,nea.n�,e�., — AWWNW/FAMUIEO.DOUBLE FACED MMSIGN INI — B tMUUf ILUJIMAEED(LED b.PAN FOWED AOMK Ie.YmrA L»A fen9 M BeaiAry FAM n=ELIMAIMN PRDFNF Y "t.111•$1•-0. § K. `"� 18'tawdSeoldosdl".uSledPipe rt . —sIA 30 A&fmaMl WV yi 519A N.S4l.6 dfw Aue7tmut n...n swamwe s»aasm.¢ �ee.saas®saamagsnasaownaaaa IeleOr,W�B 001a1l7R(m a1FbMLL(dWalui@nIL.9G. 906Y[ amuAr¢aeaman +qfpp �.[eev..ewaasn.amaamaae.e»Y Lf1GATIDN 1 B 1eW1.1v0A b10i-911-7811 GU�U 9ARJC-A aezeoemsaramaaweeeevesn —7 2D"us11 aanum��eoeamome ecce®ams WYI@G.si[ Gait»u 3510AnaW1IH .sup.uw nmesmeaaiw " "" � e116sAU MIDKAM ecal.mre wuluc [on WGtlll,tT 74117 02983wm1rs 11¢eYfa