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HomeMy WebLinkAbout064944 - Construction-Related - Contract - Pate Ranch Retail, LP, and BJ's Wholesale Club, Inc.Date Received: 3/27/2026 Permit Number: USA26-00001 Time Received: 8:00 a.m. City Secretary No: 64944 1u i y i M-ni"MITIMIND10MON FOR Tavolo Park 26th This Unified Sign Agreement is made and entered into this day of March 2026, 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. PATE RANCH RETAIL, LP (the "Owner"), whose address is: 10210 North Central Expressway Suite 300, Dallas Texas, 75231, and BJ's Wholesale Club, Inc. ("Owner"), whose address is: 350 Campus Drive, Marlborough, Massachusetts 01752 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: OFFICIAL RECORD Unified Sign Agreement CITY SECRETARY Page 1 of 8 FT. WORTH, TX (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 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 Development Services 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 Development Services Director. (id) In considering whether to approve an amendment to a Unified Sign Agreement, the Development Services 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 Development Services 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 Development Services 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 6 EXECUTED on the day and year first above recited. OWNER: PATE RANCH RETAIL, LP a Texas limited partnership by: TKG Pate Ranch Retail Realty, L.L.C. a Missouri limited liability company its General Partner Date: 4? • 202 �! ,r- THE STATE OF COUNTY OF QS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 7ti>C ', .S' , on this day personally appeared �,%��ti Hjgtiu s sl-e known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of TKG Pate Ranch Retail Realty, L.L.C. the general partner of Pate Ranch Retail, LP, and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this +✓ day of 2026, JENNIFER TAYLOR y Public in And far the a# of Texas Notary Public, State of Texas +4 Comm. Expires 05-05-2027 Notary ID 134344592 Unified Sign Agreement Page 3 of 6 EXECUTED on the day and year first above recited. OWNER: B1's Wholesale Club, Inc., a Delaware corporation By: /" ` G Name: William Werner Title: EVP — Strategy and Development Date: 3 / 12120),6 Crm�wtnv.w�a.1�k OF COUNTY OF �, § CoVy^p WaCk1*\ BEFORE ME, the undersigned authority, a Notary Public in and for the -&ftfe of M%A&kYnpme�Ac-) , on this day personally appeared k}`,I�;am UJay\er known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of BJ's Wholesale Club, Inc., and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l d day of 12026. � 11-61 Kota lie in and for the State -ate' I g4phw- 'u1 s JOSEPHINE A. MEIER Notary Public Commonwealth of Massachusetts My Commission Expires July 29, 2027 Unified Sign Agreement Page 4 of 8 APPROVED AS TO FORM AND LEGALITY: Christopher Austria, Sr. Assistant City Attorney City Attorney's Office ATTEST: 4P�Nroko9�0 o o *pd a acn�zpg4a Jannette Goodall, City Secretary City Secretary's Office APPROVED: Dalton Harrell Mar 26 2026 21:43:06 CDT D.J. Harrell, Director Development Services Date: 03/26/2026 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. ,Vj�-- Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Unified Sign Agreement Page 5 of 6 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 the to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie/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 26th day of March , 2026. .A U) Notary Public, State of Texas Wallace on Expites F(S7A7,wj-,dr8y 29,5662586 Unified Sign Agreement Page 6 of 6 EXHIBIT A — PROPERTY DESCRIPTION Lots IR1-1R4, 1RY, Block 1, Tavofo Park as recorded in ❑oeUnlent No. D2I8217374, P.R.T.C.T. J. Heath Survey, Abstract Number 64 [, City of Fort Worth, Tarrant County, Texas Unified Sign Agreement Page 7 of 8 EXHIBIT B — SIGN PLAN Unified Sign Agreement Page 8 OF �J AMMd 71V r ��— v � J I Q. j N O T !II€I f IMimi "N _ 'fl-IF �fi 4tl,i'II IIII Al 1{I1.i p'1'fIEI Ei11111'tt(:- ---- F JN --_ (Dz I I 'NNNd l SIVUVH- � I I I •aa a�artr 7rano - Ili Ly cn .'o l�� 05 z 0 � o W W UJ N � CL z a a L. LuLo o 11i C'!y ry rq M O No a ! {2 2\? a o& \ \ $ £ \_ ]_ y <ccm» ( zICI � 10 d« ) w § � � -f] ... ) 0 keAp � ( . ! { wld ' w f % It / ix A i \ } \ k \ \ \ ) \ \ IN - k \ \k a // a / � \ j ) § � ) �E It )) \§ /wx\ ƒ 6 ƒ ) 7 §) � / E ) E { k ) « a 7 }f co _ § § \ } } ) k \ / e gym '0 o a SS6• € r ` .i •� , fr A c �sEp� i CL cc ' ° € 3! 77! ` 1 .FlE 5E• y 1 � � 1 3 11A. in zw .�`_ K4t• a�t s 2. Sa iia` y ��' S rr2 flB0 �q1, =sr; mill � WU' 1 in =a �+ Via';--C:��, 393� F j t: q ��;g Eig 2 •�# fE F°Et � 3 b�i :zl[� f �.} rs }i i �7t t ['d{11 F5�3i�lY c de tsea' i tieiF _ii di_3tlf s a I fOUR, Mwwwwwww wimmf/YMMMO3i1100 ME MEU ii Mi(YY Yii igivalau 3E aJ# I :E tikp " 76 :ia12�'f FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Pate Ranch Retail, LP Subject of the Agreement: Unified Sign Agreement M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.