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HomeMy WebLinkAboutContract 53787 Date Received: Apr 13, 2020 City Secretary Time Received: 9:16 AM Number: 53787 UNIFIED SIGN AGREEMENT FOR SOUTHGATE MARKETPLACE This Unified Sign Agreement is made and entered into this day of April 7 2020 , 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. Ware Vista Southgate #1, L.P. (the "Owner"), whose address is: 8350 N. Central Expressway, Suite 1750,Dallas, Texas 75206,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: - Unified Sign Agreement Page 1 of 5 (i) The amendment or termination agreement shall be executed by all owners of the properties included in 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 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 5 EXECUTED on the day and year first above recited. DEVELOPER: Name of Entity:Ware Vista Southgate#1,LP By: VPC GP,Inc. A Texas corporation its General Partner Name: Colton Wright Title: Vice President Signed: Date: ! STATE OF 'r"a5 § COUNTY OF Dal 165 § Before me,the undersigned authority,on this date personally appeared Colton Wright,in his/her capacity as Vice President of VPC GP,Inc.,a Texas Corporation,known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name 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 seat of office this l a+ day of Aadl ,20 20 Karen C Smith �,�rvuek Notary Public State of Texas My Cornm,Exp.12-08-2023 /� T Notary ID M87432.5 'C/. Notary Public EOFFICIL Unified Sign Agreement Page 3 of 5 APPROVED AS TO FORM APPROVED: AND LEGALITY: Mamie,Rawl, Melinda Ramos(AW 10.2020E D)Hay {Apr 10,2020) Melinda Ramos D.J.Harrell Sr. Assistant City Attorney Interim Director,Development Services Date: Apr 10,2020 Date: Apr 10,2020 Contract Compliance Manager �-' 0 R T r 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. Atte OZ&BMW&Oh b��af cvelw� Mary J. Kays '}�� .Y Rgoerts on behalf of(Apr 7,2020i �t Janie Scarlett Morales Development Manager Date: Apr 7,2020 OFFICIAL RECORD Unified Sign Agreement Page 4 of 5 CITY SECRETARYI FT WORTH,TX 8 iIN]Dili film M61241 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/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 HAgN,�D,, AND SEAL OF OFFICE this o*^ day of s 20 20 Notary Public, State of Texas LAURIE PEOUENO LEWIS :�1PP• Ve�i Notery Public,State of Texas Comm.Expires 12-10-2023 °;, Notary ID 132278952 OFFICIAL RECORr CITY SECRETARY FT. 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O p; 3 o Q [LIM w i z ( W IIII _9_ � j�-j LL tl� a W 0 W t, w _ x x x z x a a a a p Q - z z z z z Q " U4ui to u MA N •t t"-.4 LL tl 4 c�vct.a:oe w X 4 08. F x a < a u 3 3 100, © 4 N 9 N O t�- ti ti P t+ t9 4 r WWj O V Q � 4 W 4I 99 } .51 .E%6Z a W Waa tA f 'F W > .V,ot ' W O t t.z LL d t)15�4?,O�AE �a M w VPC GP, INC. WRITTEN CONSENT OF THE SOLE DIRECTOR IN LIEU OF ANNUAL MEETING OF THE BOARD OF DIRECTORS Dated: February 1, 2018 Pursuant to the authority contained in Sections 21.415 and 6.201 of the Texas Business Organizations Code, the undersigned, being the sole member of the Board of Directors of VPC GP, Inc. (the "Corporation"), does hereby adopt the following resolutions with the same force and effect as though adopted at an organizational meeting of said Board of Directors duly called and held: RESOLVED, that the following person be elected to the offices set forth opposite his name below, to serve until the next annual meeting of Directors or until his successor has been duly elected and qualified: S.J. Hurley, IV - President Colton Wright - Vice President and Secretary Alecia Mackey - Vice President and Treasurer RESOLVED, that the officers of the Corporation are authorized, empowered and directed to execute all documents and to take such action as they may deem necessary or advisable to carry out and perform the purposes of the Corporation. IN WITNESS WHEREOF, the undersigned has duly executed this Written Consent to be effective as of the date first indicated above. S.J. Hurley, IV ----- -- Form 207 Secretary of State ` Filed in the Office of the P.O. Box 13697 Secretary of State of Texas ustin, TX 78711-3697 Filing #: 803169470 11/20/2018 FAX: 512/463-5709 Document M 850625630002 Certificate of Formation Image Generated Electronically Filing Fee: $75o Limited Partnership for Web Filing Article 1 -Entity Name and type he_filing-entity being formed is a-limited partnership. The name of the entity is: are_V_ ista Southc late #1 L.P. _ _ he name must contain the words"Limited Partnership,'or"Limited,"or the abbreviation"L.P., "LP,"or"Ltd."The name must not be the same as, ;deceptively similar to or similar to that of an existing corporate,limited liability company,or limited partnership name on file with the secretary of ;state.A preliminary check for"name availability'is recommended. Principal � he address of the principal office in the United States w he re records of the partnership are to be kept or made ,available is set forth below: _ _........_ .--- .............I.........................-..._. .- 8350 North Central Expressway, Suite 1750, Dallas, TX, USA 75206 Article 3-Registered Agent and Registered Office IA. The initial registered agent is an organization (cannot be limited partnership named above) by the name of: -- - - --- OR !r,413. The initial registered agent is an individual resident of the state whose name is set forth below: Name: IS J. Hurley IV C. The business address of the registered agent and the registered office address is: Street Address: 8350 North Central Expressway, Suite 1750 Dallas TX 75206 3 Consent of Registered Agent I"A. A copy of the consent of registered agent is attached. . ....- -----._.....— ... -- - --- --..._._...-- ---- -- --.... .-- —_...._ OR Iv'B. The consent of the registered agent is maintained by the entity. Article 4 -General Partner Information -........._......... ..._..................-............................................................................._....................................................._............................................................ he name and address of each general partner are as follows: General Partner 1:(Business Name) VPC GP, Inc. address: 8350 North Central Expressway, Suite 1750 Dallas TX, USA 75206 . . Provisions [The attached addendum, if any, is incorporated herein by reference.] Consent to Use Similar Name (executed).pdf Effectiveness of — -- - - --- - ------ ---- — — -- --. rA This document becomes effective when the document is filed by the secretary of state. OR ;r-B. 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 IThe 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. Signature of General Partner 1: S. J. Hurley, IV, President of VPC GP, Inc. --- ------- -- -- FILING OFFICE COPY Form 509 (Revised 06/15) w,r. Submit with relevant filing instrument. Consent to Use of Similar Name Filing Fee: None (1) «tare Vista#1,LLC :Name ane file munber of the entity or individual who holds the eeisting name on file with the.,eur to„y ey start consents to the use of (2) Ware Vista Southgate:#1, L.P. Proposed trame as the name of filing entity or foreign filing entity in Texas for the purpose of submitting a filing instrument to the secretary of state. 0) The undersigned certifies to being authorized by the; holder of the existing name to give this consent. The undersigned signs this document subject to the penalties imposed by law for the submission of materially false or fraudulent instrument. Date: J 1 Si f EU4 of elulhorizecf I'ers S.1. Hurlcy IV Name of Authorized Person(tt•pc nr print) Manager Title ot•Authorized Person,ifam (type or print) State of Te-YAS County of bcU(w' This instrument was acknowledged before me on � �{� by :5-J. Hts'lGy'-Is (dote) (nauw of aulho ized person) (Seal) Karen C.P e*rson *�ry Notary 1D#87432-5 notary Publie's signature State of Texas My Comm.Expires 12-8-19 Form So9 l