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HomeMy WebLinkAboutContract 53206-A1 RECEIVED APR -9 2020 CIVoff0mwoRV Apr9, 2020 CITY SFCR AD ate Received: City Secretary Time Received: 11:00 AM Number: 53206-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53206, UNIFIED SIGN AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53206, UNIFIED SIGN 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 herein by and through its duly authorized City Manager,Assistant City Manager,or Planning and Development Director, and North Presidio,LLC., a(n)Limited Liability Corporation ("Licensee"), acting herein by and through its duly authorized manager. RECITALS WHEREAS,City and Licensee made and entered into City Secretary Contract No. 53206 on December 10,2019 (the"Agreement"), for the purposes of a Unified Sign Agreement; and WHEREAS,the parties wish to amend the Agreement to revise the measurements of the signage; and WHEREAS,it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise"Exhibit A"in the Agreement to depict the revised signage area and/or measurements. NOW,THEREFORE,City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: Page 1 of 6 Unified Sign AgreerrIf Mr Amendment 04/01/2020 J LE OFFICIAL.RECORD CITY SECRETARY FT. WORTH, TX 1. "Exhibit A" in the Agreement is hereby replaced with the attached revised description of the signage area and/or measurements, labeled as"Revised Exhibit A." 2. The effective date of this Amendment shall be the date of its execution by the City. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in fall force and effect, Page 2 of 6 Unified Sign Agreement Amendment 04/01/2020 JLE City: Licensee: CITY OF FORT WORTH NORTH PRESIDIO,LLC D—r Ifclrroll By: a�.ne�p.s By: 04� DJ Harrell, Interim Director Artemio de la Vega,Manager Development Services Department North Presidio,LLC Date: Apr 6, 2020 Date: �'� blew A. ATTEST: fOR T ATTEST: (3 :T Approved As To Form and Legality �Y U U�' (l •''• ,� it4eCi�u7�Raa�coi '•-••••'.•.'/, Melintle pemoa Npr 6.]O30) Mary Kayser,City Secretary Melinda Ramos, Sr.Asst.City Attorney City Secretary's Office Law Office 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. BPX �obeptS on 17LW e FveHn lb an beM1.MO/l�pr Janie S.Morales,Development Manager Development Services Department Page 3 of 6 Unified Sign Agreei ient Amend m t 04/01/2020 RE OFFICIAL WORD, CITY SECRETARY FT. (NORTH,TX 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 DJ Harrell,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8th day of Aril 2020 . LAURIE Digitally signed by LAURIE PEQUENO LEWIS PEQUENO LEWIS Data:2020.04.0812:38:57-0e'00' O�pRYP(ie' LAURIE PEQUENO LEWIS Notary Public in and for the State of Texas a Notary Public * * STATE OF TEXAS Notary I.D. 132278952 9�OF My Comm. Exp. Dec. 10, 2023 After recording return to: Development Services Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 Page 4 of b Unified Sign Agreement A - to"t 04/01/2020 JLE MIMI— C I Ty SF� a wavy FT. Wi MILLIE THOMPSON STATE OF TEXAS § P�e'f?:Notary Public,St of Texas : Pc Comm.Expires 05-03-2023 COUNTY OF TARRANT § %fills%, Notary ID 132001769 BEFORE ME, the undersigned authority, a Notary P.tblic in and for the State of on this day personally appeared •A"TVM0 V-v 1A 2 t(�Gi C�f.' (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed ofN64kn ft��z1Uc, a16AS Ury%Vf4 IGl6i1r�,,_C,-Pfunz�t-. (entity type),and in the capacity therein stated. 0 GIVEN UNDER MY HAND AND SEAL OF OFFICE this L n a' dayofA(?r\k ,20 J� Notary Public in and for the State off OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Page 5 of 6 Unified Sign Agreement Amendment 04/01/2020 RE REVISED EXHIBIT A Page 6 of 6 Unified Sign Agreement Amendment 04/01/2020 RE lly go o LUZ- \ .� �00 \ ur00� w- \ { ) w 0 ul N \ \ 0> r \ \ gdwIUJ 1M \ \ i O uj ` \ \ LL 0 v�� \ T LLI tL (L U- \�- ---- -- -- -- L9`69 iV�«VLn1 A , YIf00n69S LL bG9£ U © N U 0 to r- \ m co t m W C[ cr F-- c� o. 0 r \ 1 { n Q uj U. uj LUY ........ ...�..- ,..........�. N vi " o Z z ORTH Z u� = zb�, _ to ¢mo¢o 9 20 IL z . 80 w ff � IfT Z2 - Lu 1"1 " -� Rio I `° i w I Now M.. mm mm " I... L mm z © 0 W) N � ujoo �` \\ � 00) U) z ch z z z 01� \ \\ ��b,g ` \ IN \1 1 \i \ -- 0 cJ i 1\ `1 t i \ i mm mm l,U t 1 4160 w .9 � o as Q � W = Q C3 as fY_ a CD LL © w o © E LL O o m sa O ran 0U ( 6?C 0 �. "° >, F- 0 w � � 1 ,6 � ll Z co Q co co U m h o C? 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LL i nLLI w w m W LL Bo CM LLJ n x r 00 ¢ XX N N w W ^ w ^ Z M LL a � (��I I I I I I I I I I I I1 I I I I LIIJ I �I I I I �(1 �\ .f V I I I I I I I I I [ A Yl ` g�s I ;TIFj y I � , I W -~ ' I ¢a� I —J O —J W — — — — — _ W F-- -� I � f 1111111111161111111111S�f1 - W 5 I ��,— 197 ,� LalLarl; Lb ui CL lk i i t 1 z CD _ uj — - - — — ,I' �e j � I ♦ Q 1 g — � r1 W LU -- LL. z . 5 1 - - i 1 — "`�5111 sail Zoo 41 zmmm , 1 I . .............. Secretary of State Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, TX 78711-3697 Filing #: 802432566 04/08/2016 FAX: 512/463-5709 Document#: 665084850002 Certificate of Formation Image Generated Electronically Filing Fee: $300 Limited Liability Company for Web Filing j Article 1 -Entity Name and Type rhW filing entity being—for—me d is a limited liability company.The name of the entity is: North Presidio LLC -- Article 2—Registered Agent and Registered Office A.The initial registered agent is an organization (cannot be company named above) by the name of: --- - i OR l B.The initial registered agent is an individual resident of the state whose name is set forth below: ';Name: ------------- — ---- ---- ---------- -- ---- -- - 'Mike Hutson C. The business address of the registered agent and the registered office address is: Street Address: _ 5809 Acacia Circle El Paso TX 79912-79912 -- _ - - Consent of Registered Agent 1177A. A copy of the consent of registered agent is attached. OR B. The consent of the registered agent is maintained by the entity. _ _ ...... Article 3-Governing AuthorityA.The limited liability company is to be managed by managers. OR i•W B.The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager7:Artemio De la Vega Eritle: Manager _ 3 ---------------------------------- .. _.......- -- .....--- ..... - ----- - ------ - - _ -----= Address: 4514 Cole Ave Ste. 1100 Dallas TX, USA 75205 ......... _ Article 4-Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. i Supplemental Provisions I I • • ..... ....... Sole Member. 9 ADD Holdings, LP, a Texas limited Partnership 4514 Cole Avenue Ste. 1100 [The attached addendum, if any,is incorporated herein by reference.] _. . ............. ........... .. ��---�- �- Organizer — � ......... ..... The name and address of the organizer are set forth below. MikeHutson 5809 Acacia Cir., El Paso, TX 79912 Effectiveness of Filing IAA. This document becomes effective when the document is filed by the secretary of state. OR iFr7B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment.The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Michael Hutson Signature of Organizer FILING OFFICE COPY CITY SECRETARY UNIFIED SIGN AGREEMENT DEC 10��D FOR Ci7yop 419 THE CITADEL CQy��CA�A9YTH This Unified Sign Agreement is made and entered into this day of N�7✓�h�lG!/ Z 20 ,upon the following terms, covenants and agreements: 1. This Unified Sign Agreement covers real property more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). 2. North Presidio, LLC (the "Owner"), whose address is: 4514 Cole Ave., Suite 1100, Dallas, Texas 75205, are the owners 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 6.410 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 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 liabilities 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 6.410(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 Agreement, and all lien Unified Sign Agreement Page 1 of 4 11.18.2019 jle 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 Planning and Development Director 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 Planning and Development Director. (iii) In considering whether to approve an amendment to a Unified Sign Agreement, the Planning and Development Director, as applicable, shall consider the criteria for approval of Unified Sign Agreement set forth Section 6.410 of the Comprehensive Zoning Ordinance of the City of Fort Worth. (iv) This Unified Sign Agreement or amendment is not effective until the agreement is approved by the Planning and Development Director and approved as to form by the city attorney, the agreement is filed in the deed records in the county in which the property is located, and two-file marked copies are delivered to the Planning and Development Director 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. [Remainder of Page Intentionally Left Blank; Signature Pages Follow.] Unified Sign Agreement Page 2 of 4 11.18.2019 jle EXECUTED on the day and year first above recited. OWNER: APPROVED: NO SIDIO, LL CITY Qf FOR ORTH Name:Af27-e'er jo De u4 L/644 Randle Harwo d Title: MAA1Aa0raZ Director, Planning and Development Date: /22 AWI9 Date: APPROVED AS TO FORM AND LEGALITY:` ' Attested by: �;� M J. Ka e , C° cretary z Melinda Ramos Sr. Assistant City Attorney, City Attorney's Office Date: 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 report requirements. Janie Scarlett Morales Manager, Planning and Development Date: Unified Sign Agreement Page 3 of 4 11.18.2019 jle STATE OF § COUNTY OF /�*d,,e�j § Before me, the undersigned authority, on this date personally appeared AiWWtd pE t� �G7,4 , in his/her capacity as (title) of(name of company) NOo7rI P)IE5,0/0 L L L , a (insert type of company, e.g.: Texas limited liability) 6k6t 44-1",1 o known to me (or proved to me on the basis of satisfactory evidence)to be the perseh whose na is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the instrument for the purposes and considerations therein expressed, in the capacity stated, and as the act and deed of said (insert type of company). Given under my hand and seal of office this day of rJ U'� m ( , 20 . PVB MILLIE THOMPSON az° Notary Public,State of Texas . Notary Public State of \ l ''�:' 'oF I Comm Expires 05-03-2023 ' \\ Notary ID 132001769 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 Randle Harwood, 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 the CITY OF FORT WORTH, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 I `� JENNIFER LOUISE EZERNACK 'A�)-k�' - r° Notary Public,State of Texas .... Comm.Expires 03-01-2020 Nota Public, to of lexg . °i���`` Notary ID 130561630 Unified Sign Agreement Page 4 of 4 11.18.2019 jle ado W sG 67 inU y Z OOC� - a Ec- __cj W €x \\ \\ 0=Co W 6 0I m C IQI j Li 0 tl3a'HERITAGE E P KWAY E a ag AVMNHVd 9OV8139V11N3H I1� ��� a � � toe eog-/slope - ----- -- � - -� � ;- ,/ � I� �-- c r- _- _ �$ �r__-�j ,1� •j'�a III � E�Jl =112 _ a x F -F -- CO � o 1 � I W f �_ i o 1 I I '• W LU ' . o Tra J = - \ Cu U- :I L`�i ! a � ' I I m � � W m G 3 EE_ v ase G W C7 A W , W H )7 77 ) aCo o H a I G 5 m C9.�- IfJ y W H o t M= E cm yr .r`S-E .tr.9Z `-ate iV G f Y_ 5 kC o ti _ a f F— N ti v� � � li H d LU L-J L" No 4s 0 as MH :��� r a M H 1d 2�=a . rw c: `a xW eze: m �" qd w fd "es �E W • � 3 fi a y � o is N -s`s y - 5 w r & U cz¢ lfJ y lCl« - M� C*g - W YE � 4.� o-sz se h W ksE o qmcm a z � a ui § W g H cm ra c ao ae r77 0F 77q ro a «b Ho rN IN ye C* 1 Cog M W � W S-£ .tr6Z � .g.S � .PSZ � .4,5 M g p U. cr e X W x m J W x H a O = a .WJ J C i N N Q ca ca m y $"d x V �Ovf u a w= CDW ` 9 R O Y d J C O an d E EL u H x rL N Sofa 1=, J 3 p Q, H y W 0 ►_ - 0 Ca V 0 o LLa¢ a LU W � o 0 a= o _e yF ou CD CO) N ws F.IL .S e \ in e s m r 6 W I CO-3 W o y Z w N O .ad G c7 co W G 45 N 6? M iD O „O-,OZ W O N q o LY W o aW o z IV c?� M�11 //��R d O U V= CA= m W 77 CD in . J �uJi W Z W Oi N _ p N N o-AZ NC O F O O N ...V p W z CDJ q o o CC 5 LU /� Z F W C7 Co a — W Q _ m W y H z y CDN cm O .4.91 S Z V— cm� o-.az G H .S-, Z x W 00= io 6 a YeHfIlY- `` ' MARY LOUISE NICHOLSON COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 s w# `~ PHONE(817)884-1195 CITY OF FORT WORTH 200 TEXAS ST FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH CFA OFFICE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/13/2019 11:04 AM Instrument#: D219286916 A 8 PGS $43.00 By: D219286916 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.