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HomeMy WebLinkAboutContract 47916-ADA1Date Received: 9/18/2024 Permit Number: USA24-00003 Time Received: 2:58 p.m. City Secretary No.: 47916-ADAl FIRST AMENDMENT TO ADDENDUM TO UNIFIED SIGN AGREEMENT CSC NO. 47916-AD1 BY AND BETWEEN CITY OF FORT WORTH AND ROANOKE 35/114 PARTNERS, L.P; HEI FORT WORTH LP; CHURCHILL AT CHAMPIONS CIRCLE COMMUNITY, L.P.; LRIC CHAMPIONS CENTER, LP. (CHAMPIONS CIRCLE) This FIRST AMENDMENT TO ADDENDUM TO UNIFIED SIGN AGREEMENT CSC NO.47916-AD1 ("Amendment") is made a part of and amends the agreement entered into by and between the CITY OF FORT WORTH, a municipal corporation of the State of Texas located within Denton, County, Texas (hereinafter referred to as the "City"), and Roanoke 35/114 Partners, L.P.; HEI Fort Worth LP; Churchill at Champions Circle Community, L.P.; LRIC Champions Center, LP , regarding the Champions Circle Unified Sign Agreement, CSC No. 47916 (the "Agreement"). To the extent of conflict or inconsistency between this First Amendment, the terms and conditions of the Addendum to Unified Sign Agreement CSC No. 47916- AD 1 (the "Addendum"), and the terms and conditions of the Agreement, this First Amendment shall prevail. RECITALS WHEREAS, the City of Fort Worth ("City") and Tanger Fort Worth, LLC ("Company") made and entered into an Addendum to Unified Sign Agreement CSC No. 47916, City Secretary Contract No. 47916-AD1, on September 30, 2016 ("Addendum"); and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amendment to Addendum CSC 47916-ADl Tanger Unified Sign Agreement Page l of 5 WHEREAS, "Exhibit B-l" in the Addendum depicts the sign type, height and width dimensions of the allowable signage within the Property (as defined in the Addendum) ; and WHEREAS, the Company is seeking to amend the Addendum to replace Exhibit "B-1" and update the site plan and other related items; and WHEREAS, it is advisable to execute this First Amendment to the Addendum to revise "Exhibit B-1" in the Addendum in order to depict the updated site plan and other related items. NOW THEREFORE, City and Company, acting herein by and through their duly authorized representatives, do mutually covenant and agree that the Addendum to Unified Sign Agreement City Secretary Contract No. 47916-AD1, is hereby amended as follows: A. Exhibit "B-1" is hereby deleted from the Addendum and replaced with the attached Exhibit "B-2". B. Paragraph C of the Addendum shall be deleted in its entirety and restated as follows: "Section 3 shall be supplemented to provide that all signs (other than parking lot and project entry way -finding and directory signage) on the property described in Exhibit "A- I" are as shown on Exhibit "B-2." The parking lot and project entry way -finding and directory signage may be in locations as determined by Tanger." C. This Amendment is not intended to be an amendment or termination as described in Section 8(a)(i)-(iii) of the Unified Sign Agreement CSC. No 47916 and is not subject to approval of any other owner. No other owner's consent is required to alter the terms of this Amendment. Further, the City acknowledges that section 8(a)(ii) does not apply to the Tanger signs shown on Exhibit "B-2". E. Unless specified by this Amendment, the terms and conditions of the Addendum and the Agreement shall remain in full force and effect. Amendment to Addendum CSC 47916-ADl Tanger Unified Sign Agreement Page 2 of 5 IN WITNESS WHEREOF, the City and Company have each executed this Amendment by their duly authorized signatories to be effective on the date executed by the City's City Secretary. Executed this 18th CITY OF FORT WORTH V=—A— Dalton Harrell pep 18, 202412:59 CDT) D.J. Harrell, Director Development Services Date: Sep 18, 2024 Approved as to Form & Legality: lypll Christopher Austria Sr. Assistant City Attorney City Attorney's Office M&C No. Date: Sep 16, 2024 Form 1295: day of September 2024. 4,povvnp�� ATTEST: °PA.,o FORr*Isdd °o 0—o=a 004 Jannette Goodall, Sao nL ne00000 d City Secretary Date: 09/18/2024 Amendment to Addendum CSC 47916-AD1 Tanger Unified Sign Agreement OWNER Tanger Fort Worth, LLC a North Carolina limited liability company By: Tanger Devco, LLC a North Carolina limited liabili company Its: Ma ager Name: `fhorvt'hS &u.Ax'1-ieri Jr, Title: V i r P Pr2Slou-ni +Trw-6u Date: 01 ab a4 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. Rebecca Owen (Sep 16, 2024 09:43 CDT) Rebecca Owen Development Manager Date: Sep 16, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 5 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 D.J. 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 HAND AND SEAL OF OFFICE this lsth day Of September 2024 o�PR�pL�, BROOKE BONNELL Notary Public * * STATE OF TEXAS Notary I.D. 134009525 9jFor My Comm. Exp. Oct. 11, 2026 STATE OF NORTH CAROLINA COUNTY OF GUILFORD Brooke �1e11(Sep 18, 20241151 CDT) Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of North Carolina, on this day personally appeared 1 v,omo+S T, C�ue,r*=tier+ ,Sr•� Viet ���5d2�k + Trj c tL e,E of Tamer Devco, LLC, the Manager of TANGER FORT WORTH, LLC, a North Carolina limited liability company, 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, TANGER FORT WORTH, LLC, a North Carolina limited liability company and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this q4 day of �2YYl 20 ►►unr►rpre-N ooa 'r * = Notary Public„ Amendment to Addendum CSC Tanger Unified Sign Agreement is * R7 Page 4 of 5 EXHIBIT B-2 SIGN PLAN — TANGER OUTLET PROPERTY (see attached consisting of 8 pages) Amendment to Addendum CSC 47916-AD1 Tanger Unified Sign Agreement Page 5 of 5 TangerUnified Sign Agreement Addendum: Tanger Signage Master Plan I v CHAMPIONAPARTMENTS � �� d BY OTHERS 0- I+40 ' QI CHURCHILL APARTMENTS BY OTHERS GRq �I eA4R ko,, ypT'�F.y yFR Ts \ s Tanger Fort Worth 115853 North Freeway I Fort Worth, TX 76177 APPROVED By Lynn at 9:45 am, Aug 19, 2024 aner Unified Sign Agreement Addendum: Tanger Signage Master Plan " T 9'k BUILDING05 9 1 Rag 1 BUILDING 05 I 1 PHASE I R66 I L 'M- RI? 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