HomeMy WebLinkAboutContract 47306Q'
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RECEIVED
DEC -32015
CAW OF FORT WORTH
CITY SECRETARY
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4,Ad This LICENSE AGREEMENT ("License") for tax foreclosed property is made and entered
-1/4' Zirnto byand between the CITY OF FORT WORTH, on its own behalfand in its , its capacity as trustee
for Tarrant County, Fort Worth Independent School District, Tarrant County Hospital District,
Tarrant Regional Water District, and Tarrant County College District ("Licensor") and PHOENIX I
RESTORATION AND CONSTRUCTION, LTD., a Texas limited partnership ("Licensee").
RECITALS
WHEREAS, the property described in the Constable's Deed attached hereto as Exhibit "A",
known as 2717 Avenue B, Fort Worth, Texas ("Property") was foreclosed upon for nonpayment of
ad valorem property taxes and struck off to the City of Fort Worth on behalf of Licensor; and
WHEREAS, Licensor desires to license to Licensee and Licensee desires to license from
Licensor the Property for the purpose of allowing Licensee to perform certain discretionary
improvements to the Property, after which Licensee intends to donate the improvements to
Licensor.
NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations
contained herein, the parties agree as follows
4a PROP -4; T'Y 1L,.10EINSEDo Licensor hereby grants unto Licensee a license to enter upon
the Property. Licensor shall provide Licensee full access to the Property during the Term, as
defined herein.
TERM 0141 LICENSE. The Term of this License shall commen on the date of its
execution ("Effective Date") and expire on the earlier of (i) February 15, 2016, or(ii)seven(7)da s
Y
after Licensor's receipt of notice from Licensee, of Licensee's abandonment of the Property
("Term").
30 RENTLicensee shall pay to Licensor the sum of $10.00 as rental for the full Term of the
License, on or before the effective date, and prior to Licensee's entry onto the Property.
40 CCONSTRUCI[ DN .k T[1MPROVEI NTS.
4.1. Discrefo rry }Improvements. Licensee may, at its sole discretion and subject to
the terms herein, perform modifications, renovations, improvements and other construction
work on the Property. Any modifications, renovations, improvements or other construction
work on the Property shall be referred to hereafter as "Discretionary Improvements", and
shall be performed by Licensee or by an independent contractor engaged by and paid
exclusively by Licensee ("Licensee's Contractor"). Licensee may not initiate any
Discretionary Improvement on or to the Property unless it first submits all plans and
specifications for the proposed work in writing and also requests and receives in writing
approval from the Licensor, or its designated representative ("Licensor's Represen tive"),
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
which Licensor herein designates as the Director of the Property Management Department
or his designee.
Upon start of construction of any Discretionary Improvement on or to the Property by
Licensee pursuant to plans approved by Licensor pursuant to Section 4.2, Licensee shall
substantially complete the Discretionary Improvements in accordance with the plan
specifications within the Term. For the purposes of this Section, "start of construction" shall
mean the date stated in a Notice to Proceed (or other similar document) issued by Licensee
to Licensee's Contractor, or, if no Licensee's Contractor, then upon the first alteration of any
portion of the Property pursuant to the approved plans. "Substantial completion" shall mean
that point m time when the Discretionary Improvements are completed to such extent that,
as applicable, (a) the City of Fort Worth could issue a Certificate of Occupancy and a final
punch -list is developed by Licensee and Licensee's Contractor; or (b) any inspections
required by Codes (as defined herein) are successfully passed. Licensee covenants and
agrees that it shall fully comply with all provisions of this Section 4 in the performance of
any such Discretionary Improvements. Upon completion of any such Discretionary
Improvements or earlier termination of this License, Licensor shall take full title to any
Discretionary Improvements on the Property.
4.2. Process for Annroval of Plans. Licensee's plans for construction and
improvements shall conform to the architectural standards established by Licensor's
Representative and must also receive written approval from the Director of the Property
Management Department of the City of Fort Worth or his/her designee and any other city
departments as shall be required under ordinance or City pohcy. All plans, specifications
and work shall conform to all federal state and local laws, ordinances, rules and regulations
in force at the time that the plans are presented for review. The City of Fort Worth shall
inspect all work pursuant to its construction inspection procedures.
4.3. Documents. Licensee shall supply Licensor's Representative with comprehensive
sets of documentation relative to any Discretionary Improvements, including, at a minimum,
as -built drawings of each project. As -built drawings shall be new drawings or redline
changes to drawings previously provided to Licensor's Representative. Licensee shall
supply the textual documentation in computer format as requested by Licensor.
4.4. No Reimbursement. All Discretionary Improvements shall be at the Licensee's
sole cost and expense, and Licensor shall not reimburse Licensee for any Discretionary
Improvements made to the Property.
5. USE OF PROPERTY. Licensee hereby agrees to use the Property strictly in
accordance with the terms and conditions of this License, solely for purposes related to the
construction of Discretionary Improvements related to drainage issues.
6. UTILITIES. Licensee, at Licensee's sole cost and expense, shall be responsible for the
installation and use of all utilities services to all portions of the Property and for all other related
utilities expenses, includmg, but not limited to, deposits and expenses required for the installation of
meters until the expiration or earlier termination of the Term. Licensee further covenants and agrees
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 2 of 12
to pay all costs and expenses for any extension, maintenance or repair of any and all utilities serving
the Property during the Term. In addition, Licensee agrees that all utilities air conditioning and
heating equipment and other electrically -operated equipment on the Pioperty shall fully comply
with Licensor's Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes ), as they exist
or may hereafter be amended.
7. MAINTENANCE AND REPAIRS.
7.1. Maintenance and Repairs by Licensee. Licensee agrees to keep and maintain the
Property in a good, clean and sanitary condition at all times throughout the Term. Licensee
covenants and agrees that it will not make or suffer any waste of the Property. Licensee, at
Licensee s sole cost and expense, will make all repairs necessary to prevent the deterioration
in condition or value of the Property and any improvements thereon, including, but not
limited to, doors, windows and roofs for such improvements, and all fixtures, equipment,
modifications and pavement on the Property throughout the Term. Licensee shall be
responsible for all damages caused by Licensee, its agents, servants, employees, contractors,
subcontractors, licensees or invitees during the Term, and Licensee agrees to fully repair or
otherwise cure all such damages at Licensee's sole cost and expense. Notwithstanding
anything herein to the contrary, Licensee shall not be required to maintain or repair
any portion of the Property beyond the scope of the approved plans for the
Discretionary Improvements, except for any damages caused by Licensee, which
Licensee shall restore or cause to be restored as near as possible to the condition
immediately prior to the damage caused by Licensee.
Licensee agrees that all improvements, trade fixtures, furnishings, equipment and
other personal property of every kind or description which may at any time be on the
Property shall be at Licensee's sole risk or at the sole risk of those claiming under Licensee.
Licensor shall not be liable for any damage to such property or loss suffered by Licensee's
business or business operations which may be caused by the bursting, overflowing or
leaking of sewer or steam pipes, from water from any source whatsoever, or from any
heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from causes of any
other matter
7.2. Compliance with ADA. If applicable, Licensee agrees to submit the plans and
specifications for the Discretionary Improvements to the Texas Department of Licensing
and Regulation for review and approval for compliance with applicable accessibility statutes
and regulations prior to the commencement of construction of the Discretionary
Improvements.
7.3. Inspections.
7.3.1. Licensor shall have the right and privilege, through its officers, agents,
servants or employees, to inspect the Property. Except in the event of an emergency,
Licensor shall conduct such inspections during Licensee's ordinary business hours
and shall use its best efforts to provide Licensee at least two (2) hours' notice prior to
any inspection.
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 3 of 12
7.3.2. If Licensor determines during an inspection of the Property that Licensee is
responsible under this License for any maintenance or repairs, Licensor shall notify
Licensee in writing. Licensee agrees to begin such maintenance or repair work
diligently within thirty (30) calendar days following receipt of such notice and to
then complete such maintenance or repair work within a reasonable time,
considering the nature of the work to be done If Licensee fails to begin the
recommended maintenance or repairs within such time or fails to complete the
maintenance or repairs within a reasonable time, Licensor may, in its discretion,
perform such maintenance or repairs on behalf of Licensee. In this event, Licensee
will reimburse Licensor for the cost of the maintenance or repairs, and such
reimbursement will be due immediately upon written request of Licensor.
7.3.3. During any inspection, Licensor may perform any obligations that Licensor
is authorized or required to perform under the terms of this License or pursuant to its
governmental duties under federal state or local laws, rules or regulations.
7.3.4. Licensee will permit the City's Fire Marshal or his or her authorized agents
to inspect the Property and Licensee will comply with all requirements of the Fire
Marshal or his or her authorized agents that are necessary to bring the Property into
compliance with the City of Fort Worth Fire Code and Building Code provisions
regarding fire safety, as such provisions exist or may hereafter be amended.
Licensee shall maintain in proper condition accessible fire extinguishers of a number
and type approved by the Fire Marshal or his or her authorized agents for the
particular hazard involved.
7.4 Environmental. No materials or substances may be stored, used, transported, or
disposed of on or near the Property, whether such substance or materials be in solid, liquid,
or gaseous form which are regulated under the following laws as they exist or are amended
or reauthorized and their implementing regulations: Resource Conservation and Recovery
Act (RCRA; 42 U.S.C. §6901 et seq.) the Superfund Act (CERCLA; 42 USC Ch. 103 et
seq.), the Toxic Substances Control Act (TSCA; 15 U.S.C. §2601 et seq.), the Federal
Insecticide Fungicide, or Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.), the Atomic
Energy Act (42 U S.C. § 2011 et seq.), the Texas Solid Waste Disposal Act (Texas Health
and Safety Code, Ch. 361). No ignitable, reactive or corrosive wastes, medical wastes, or
petroleum products may be stored, used, transported upon, or disposed of on or near the
Property, except for fuels, lubricants, and other materials which are part of operational
automobiles or construction equipment. LICENSEE, AT ITS SOLE COST AND
EXPENSE, AGREES THAT IT SHALL BE FULLY RESPONSIBLE FOR THE
REMEDIATION OF OR ANY VIOLATION OF ANY APPLICABLE FEDERAL,
STATE OR LOCAL ENVIRONMENTAL REGULATIONS OR STANDARDS THAT IS
CAUSED BY LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES.
8, RIGHTS AND RESERVATIONS OF LICENSOR. Licensor hereby retains the
following rights and reservations:
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 4 of 12
8.1. Licensor reserves the right to take any action it considers necessary to prevent
Licensee from performing any action which, in the opinion of Licensor, would limit the
usefulness of the Property.
8.2. Licensee's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights -of -way granted by Licensor for the installation, maintenance
inspection, repair or removal of facilities owned or operated by electric, gas, water, sewer
communication or other utility companies. Licensee s rights shall additionally be subject to
all rights granted by any ordinance or statute which allows utility companies to use publicly -
owned property for the provision of utility services.
9. INSURANCE.
9.1. Licensee shall procure, or shall require Licensee's Contractor to procure, and
maintain at all times during the Term, m full force and effect, the following policies of
insurance: (i) statutory worker's compensation insurance for all of Contractor's employees
and all workmen on the Property performing construction of Discretionary Improvements,
(ii) commercial general hability insurance, (iii) business automobile insurance, and (iv)
builder's risk insurance. The commercial general liability insurance policy and the
automobile liability insurance policy shall be primary to all other insurance maintained by
Licensee or Licensor and shall be non-contributory; shall contain an endorsement listing the
Licensor and Licensee as additional insured (endorsement CG 20 10 10 01 and CG 20 37 10
01) such that coverage is provided to the additional insured parties for completed operations;
and shall be written for not less than the limits of liability as follows:
(i) Commercial General Liability:
$2,000,000 each occurrence;
$3,000,000 general aggregate per project;
$3,000,000 product / completed operations aggregate; and
$2,000,000 personal and advertising injury.
(ii) Business Automobile Liability:
$1,000,000 combined single limit.
The commercial general liability policy shall contain a contractual liability endorsement and
a products completed operations endorsement. The insurance policies shall not mclude any
of the following endorsements excluding or limiting coverage: (i) contractual liability
limitation, CG 21 39 (ii) amendment of insured contract definition, CG 24 26; (iii)
exclusion — explosion, collapse and underground property damage hazard, CG 21 42 or CG
21 43; (iv) limitation of coverage to designated premises or project, CG 21 44 07 98; (v)
exclusion — damage to work performed by subcontractors on your behalf, CG 22 94 or CG
22 95; (vi) any type of construction defect completed operations exclusion, and/or (vii) any
type of punitive exemplary, or multiplied damages exclusion.
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 5 of 12
The worker's compensation policy shall contain a waiver of subrogation endorsement in
favor of Licensor and Licensee.
9.2. Certificates. As a condition precedent to the effectiveness of this License,
Licensee shall furnish Licensor with appropriate certificates of insurance signed by the
respective insurance companies as proof that it has obtained the types and amounts of
insurance coverage required herein. If any such policy shall expire before the Term of this
License, Licensee shall furnish to Licensor a renewal certificate of insurance not less than
thirty (30) days prior to the expiration of any such insurance policy required hereunder.
9.3. Additional Requirements. All insurance companies providing coverage pursuant
to the requirements of this License Agreement shall have a minimum Best's Rating of A -
and a Financial Size Category listing of no lower than VII, both as provided by A.M. Best
Company, Inc. Upon request by Licensor, Licensee shall deliver a copy of all such policies
of insurance required in this License Agreement.
10. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Licensee
shall operate as an independent contractor as to all rights and privileges granted herein, and not as
an agent representative or employee of Licensor. Licensee shall have the exclusive right to control
the details of its operations and activities on the Property and shall be solely responsible for the acts
and omissions of its officers agents, servants, employees, contractors, subcontractors, patrons,
licensees and invitees. Licensee acknowledges that the doctrine of respondeat superior shall not
apply as between Licensor and Licensee, its officers, agents, employees, contractors and
subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between Licensor and Licensee.
11. INDEMNIFICATION. LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF OR OPERATIONS ON THE PROPERTY DURING THE
TERM OR WITH THE MAINTENANCE, USE, OR OCCUPANCY OF THE PROPERTY OR
ANY IMPROVEMENTS THEREON DURING THE TERM, EXCEPT TO THE EXTENT
CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LICENSOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
DURING THE TERM OF THE LICENSE, LICENSEE COVENANTS AND AGREES
TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE, MAINTENANCE, OR OCCUPANCY OF THE PROPERTY
OR ANY CONSTRUCTION OF IMPROVEMENTS THEREON, EXCEPT TO THE EXTENT
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 6 of 12
CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LICENSOR, ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES.
LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR
FOR ANY AND ALL INJURIES OR DAMAGES TO THE PROPERTY OR ANY
IMPROVEMENTS THEREON, WHICH ARISE OUT OF OR IN CONNECTION WITH ANY
AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE
EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LICENSOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12 DEFAULT AND TERMLNATION. In addition to termination rights contained elsewhere
in this License, Licensor shall have the right to terminate this License as follows:
12.1. Failure by Licensee to Pay Rent, Fees or Other Charges. DELE 1'ED BY
AGREEMENT OF THE PARTIES
12.2. Breach or Default by Licensee. If Licensee commits any breach or default, other
than Licensee's failure to pay rent, Licensor shall deliver written notice to Licensee
specifying the nature of such breach or default. Licensee shall have five (5) calendar days
following such written notice to cure, adjust or correct the problem to the standard existing
prior to the breach If Licensee fails to cure the breach or default withm such time period,
Licensor shall have the right to terminate this License immediately.
12.3. Abandonment or Non -Use of the Property. DELETED BY AGREEMENT OF
THE PARTI I4;S
12.4. Discontinuation or Failure to Complete Construction of Discretionary
Improvements. If Licensee ceases construction of the Discretionary Improvements for
more than five (5) business days, Licensor shall deliver written notice to Licensee specifying
the nature of such breach or default. Licensee shall have five (5) calendar days following
such written notice to resume construction If Licensee fails to resume construction within
such time period, Licensor shall have the right to terminate this License immediately.
If Licensee fails to substantially complete construction of the Discretionary
Improvements in accordance with the approved plans and specifications by the expiration of
the Term, Licensee shall be in default of the License, absent a mutually agreed -upon written
waiver of this time requirement for substantial completion.
In the event of a default under this Section 12.4, Licensee shall be liable to Licensor
for the reasonable costs of completion of the Discretionary Improvements in accordance
with the approved plans and specifications. Licensor reserves all other rights and
remedies available to it whether expressly stated or not.
12.5. Licensee's Financial Obligations to Licensor upon Termination, Breach or
Default. DELETED BY AGREEMENT OF THE PARTIES
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 7 of 12
12.6. Rights of Licensor Upon Termination or Expiration. Upon termination or
expiration of this License, title to all improvements on the Property, including the
Discretionary Improvements, and all fixtures and other items attached to any structure on the
Property shall pass to Licensor. In addition all rights, powers and privileges granted to
Licensee hereunder shall cease and Licensee shall vacate the Property. Within ten (10) days
following the effective date of termination or expiration, Licensee shall remove from the
Property all tools, machinery, equipment, materials and supplies placed on the Property by
Licensee pursuant to this License (other than machinery, equipment and materials
incorporated into or used in the operation of the Facility). After such time, Licensor shall
have the right to take full possession of the Property, by force if necessary, and to remove
any and all parties and property remaining on any part of the Property Licensee agrees that
it will assert no claim of any kind against Licensor, its agents, servants, employees or
representatives, which may stem from Licensor's termination of this License or any act
incident to Licensor's assertion of its right to terminate or Licensor s exercise of any rights
granted hereunder.
13. NOTICES. Notices required pursuant to the provisions of this License shall be
conclusively determined to have been delivered when (i) hand -delivered to the other party,
its agents, employees, servants or representatives, or (ii) deposited in the United States Mail,
postage prepaid, addressed as follows:
To LICENSOR:
City of Fort Worth
Property Management Department
Attn: Laura Morales
900 Monroe
Fort Worth, TX 76102
With a copy to:
City of Fort Worth
City Attorney's Office
Attn: Leann Guzman
1000 Throckmorton
Fort Worth, TX 76102
To LICENSEE:
Phoenix I Restoration and Construction, Ltd.
Attn:
14032 Distribution Way
Farmers Branch, Texas 75234
14, LIENS BY LICENSEE. Licensee acknowledges that, it has no authority to engage in any
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 8 of 12
19. NO WAIVER. The failure of Licensor to insist upon the performance of any term or
provision of this License or to exercise any right granted herein shall not constitute a waiver of
Licensor's right to insist upon appropriate performance or to assert any such right on any future
occasion.
20. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in
equity, arises on the basis of any provision of this License or of Licensee's operations on the
Property, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas, Fort Worth Division. This License
shall be construed in accordance with the laws of the State of Texas.
21. ATTORNEYS' FEES. In the event there should be a breach or default under any provision
of this License and either party should retain attorneys or incur other expenses for the collection of
rent, fees or charges, or the enforcement of performance or observances of any covenant, obligation
or agreement, Licensor and Licensee agree that each party shall be responsible for its own attorneys'
fees.
22. SEVERABILITY. If any provision of this License shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any
way be affected or impaired.
23. FORCE MAJEURE. If either party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial
disturbances; acts of public enemies; wars, blockades insurrections; riots; epidemics; public health
crises, earthquakes fires; floods; restraints or prohibitions by any court, board, department,
commission or agency of the United States or of any state; declaration of a state of disaster or
emergency by the federal, state, county, or City government in accordance with applicable law;
issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of
Homeland Security or any equivalent alert system that may be instituted by any agency of the
United States; any arrests and restraints civil disturbances; or explosions; or some other reason
beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such Force
Majeure Event. If a Force Majeure Event occurs, the City may, in its sole discretion close or
postpone the opening of its community centers, parks, or other City -owned and operated properties
and facilities in the mterest of public safety and operate them as the City sees fit. Licensee hereby
waives any claims it may have against the City for damages resulting from any such Force Majeure
Event.
24. HEADINGS NOT CONTROLLING. Headings and titles used in this License are for
reference purposes only and shall not be deemed a part of this License.
25. ENTIRETY OF AGREEMENT. 1 his written instrument, including any documents
attached hereto or incorporated herein by reference, contains the entire understanding and
agreement between Licensor and Licensee, its assigns and successors in interest, as to the matters
contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with any provisions of this License. The terms and conditions of
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 10 of 12
this License shall not be amended unless agreed to in writing by both parties and, if necessary,
approved by the City Council of Licensor.
26 IPU CHASE OP' PROPERTY. Licensee acknowledges the sale of the Property is subject
to approval by any or all of the taxing entities which are the owners of the Property and that neither
the granting of this License by Licensor nor the peiformance of any Discretionary Trnprovernents by
Licensee guarantees the sale of the Property to any entity or individual.
J.W.V L J[1N IKSS WHEREOF, the parties hereto have executed this License in multiples, this
day of &Urytr, 2015.
:C ENSOR:
UFY OF ' FORT WORTH:
By:
euG(A,oLociAA,,,
san AlanAs
Assistant City Manager
PROVED AS TO FORM AND ,EGALf T Y:
Bye /R'JLqAi/
Leann D. Guzman
Senior Assistant City Attorney
ATT SH;S 11 :
By:
Mary J. Kayser
City Secretary
M&C Not Required
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PHOENIX t RESTORATION ON AND COI STRUCTION9 LTD
a Texas limited partnership
By: D.C. Sellers, Inc., a Texas corpo ation, its general partner
By:
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-Name: al€ C . S 1tt t s
Title: --s-t�----
OFFACKL RECORD
CITY SECRETARY
Ft WORTH, TX
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 11 of 12
EXHIBIT "A '
CONSTABLE'S DEED
LICENSE AGREEMENT WITH PHOENIX I
FOR 2717 AVENUE B PAGE 12 of 12
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:etitiiiliou§e iteig cif §aid'CoutiOt €Or'at lea.,
:adver7isemetft'the authority by vtrtie%of
:description of the.propertyto.'be so
:name *by zvlticlr the land is .gen
IiAPTI$TCHOBC1l;::et:a1, Def
try raw, sold said r ei}I p eofie
:which Sale' tlie'.ptogetty: *Pi
71,030.94 DOLLAM.ii
Ater-
NOW- THEi FO
$71,030.34 DOL
afot,saYd; have :ts'
aatto- the said C
fl e afterwards, in
executors, edmiwsfrators.,
and ry an4' all other persbns
alile interest iti or'iten neon the
onalbl or tiy. tiiea.ns: ofeitatinn
D'e. cember .AAES; •2Q12;. -and-d reeteci at:a.
name to:levy upon, seize and sell -the land
es; panaities; .hiterot eutt c yg5 tine pe...tlie
>e eoti asallowed by Ian*
on the.2lst-day of.Jarir Fret 1914; levyupon- and
yy:gi;VnUg;ptiblat :uatice of tied time and placei, of: -sat
.ttic dot three tY ntaiive weejcs ,preceding :said
immediately preceding ibe':date of:saie;'begiximna..n
C#mJriet€ Region ri0.festrstzape?pabttsliediii
ire:public places: lit the eougty pne-ofiT.Ide- fry/as. 011ie
ys successively nextliefbre the date of sale, stating in salt/
.sale was 3o -be made; the lime and place :of sale, a brief'
of acres; the: gi*al;swve3;. its lovably in the £otinky; atid�1hd
4 by s}tltto&tg/tnaiting a btu::44tiQe f4 MT-. inDR?IMT
e first-Tuesday'in-March, Old, within:the lioumpresertTied
vendee}-in;the County of Tarranf.at the Qourt Ifonse door:$iereof; at
embed Was striick off tb, -City of EON- Warta,, Tor the sum of
befit g t AISbest;biiddctS 1fl tot aiic t} t tieing The Pidk ttiC
'deiattoh of the premises afotesatdr and of -the payment. of said .sum. of
eigy"bi r?rhl It is.iteteby aefdtdlykedgezi,;l, D.41.-14110maa,:1.0ri tab1t, Pef; 3, 0-
d opigkr l?;.zf1tl ity Thes.0-piesetifs da RAl3 L, SFIVt AND EQN.0 Y
Wgrth,, all the pest; 'ri ht, title: and- interest; if any; which the, -said; MT.
URC , et Ida tefendanf(si lad: on the January 21st A.D .2(44',_ or of:any
IIow.tagidescribddland.andprentises;.as described in the Otter or.$aie;:vlzi
ACCT., NO; 002424'4n LOTS4: THROUGH -9, BLOCK -2.,. *.TJT OF -THE- BOAZ- &;
BILLOW A.Dfi" .$-111a tD IN TIIE CITY OF .JF+ORT WORTH; -TARRANT
egVN ,- TEXAS AND- LOCATED wITI N TEE FOI r WYOR'l` I I1YD aNDA fT
SCIIOPT:i DISTRICT:A.S S-OO N IRY A TEED OF oRix At VOLUME
:PAGE M48 OE THE DEED-REC RDS OE TARRANT coon,: n,: f' XAS
fF311kYE-AN0 TO-11M J Hie:a bovendeserttsed premises. subjeca-lzatyelter; #o theDefeodates-lighttn:redCehtfilio
same:tn :t m-Manned. QreScrihed by 14% unto the. said City of Foft Wiarth yar trust:for the use and benefit offtseEt
and: the: said Plaintiffs): andlor Infervtnor(sj as prtiv}ded by't}tekws-ottfiis state; as fully -and as. gbsu:lute-as :I'; as:
,Lonstable; Pat ;aforesaid; e'art:conyey Zt} xhiue:'dfsatd dale aforesaid, Saibfect;'IiotveVeh, tz ilie d'efendarif(a tight
-to rrdeetn'the same in -the manner preseti'bed by law from the date of.tlie filing -Odds deed,
Page 2 of 2
T: TES.TTigaN ' WHEREOR, Ihave 1i@retuito sei,iiArkkatid,•this; fhP.-50E cry of Mardi &i4:
Darrell Etuffinan„Canstable,Pst, 3
Tartant.Couhty', `Ce.UF
'THE_STAT€'ifi}F' FfAS
c.ou ri`Y QF 'I'ARRANT
BEFORE wu
%7arxeil FluffraanEtenstabte
.A, -Notary PRblie-
inst {`6Y
TARRi NT Comity; y4'g9S4 On: this day
personally :'apperarict Darepit kfufffian, Catistabia, known'ta'rn ta. be ttie-`petso r z qse iTalA'eyq bphscn_bed°ta:the
foresping ivaninnnt,. and aa} ok ledaed.,to nie Yttat (s hs:eiwptge'it th4 sarpe as cSstabie„ Ftt: afcireSaid,._tor .the
pufpas4;c0nszderatipu,arld.113-6e4apa itythereinexpress:O.
•
KATHRYN MA i TIN.E
NOTARY
STRt-OF
�- .
�. •••47j,.4- -new
T =S.TAth oT in/34
COUNTY. QF':TARTA T-
a
OE.OFF1c ::this.5th a;
said countira dq heieby,certify.fhat the aboxeznananeut--
together vnth its Certifea e veAutheaticaiiert, was filch fo
, Cierteftlie.Countyy.Conrt°of
onfhe day of
.ee:on the'.da 6f
AD. Z<t�-at ottiock 1, aud:du1 -re . a the day df
-cekki k milin-the3...ords.afsaidCounty, VOL:
WITeSainy'handaritte. o€ =Courtofsaid Count -A at ofnce in
the day: abayetivritten:
-auk C.C.
Page.2-
4'IQ
A_IF,3A�,
urr