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Home My WebLink AboutSRB 2023-01-23 Agendas t4RH NOKTH KICH�AND HILL CITY OF NORTH RICHLAND HILLS SIGN REVIEW BOARD AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JANUARY 23, 2023 The North Richland Hills City Council, sitting as the Sign Review Board, will meet immediately following the 7:00 p.m. January 23, 2023 Landscape Review Board meeting. REGULAR MEETING: 7:00 PM Held in the Council Chamber A. CALL TO ORDER B. PUBLIC COMMENTS An opportunity for citizens to address the Sign Review Board on matters which are scheduled on this agenda for consideration by the Board, but not scheduled as a public hearing. In order to address the Sign Review Board during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the Board meeting. C. ACTION ITEMS C.1 Approve minutes of the November 14, 2022 Sign Review Board meeting. D. PUBLIC HEARINGS D.1 S 22-0006 Public hearing and consideration of a request from Signs Manufacturing and Maintenance Corp for a variance to Chapter 106 (Signs} o the North Richland Hills Code of Ordinances at 8360-8380 Davis Boulevard being 11.5 acres described as Lots 2R3R1 and 2R4R-2R8R, lock 1, Davis North Tarrant Parkway Addition. Monday, January 23, 2023 Sign Review Board Agenda Page 1 of 2 E. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills Sign Review Board was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, January 20, 2023 by 3:00 PM. Traci Henderson Assistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, January 23, 2023 Sign Review Board Agenda Page 2 of 2 "I r*4w NOLa`C`H KIC"HLAND HILLS SIGN REVIEW BOARD MEMORANDUM FROM: The Office of the City Manager DATE: January 23, 2023 SUBJECT: Approve minutes of the November 14, 2022 regular Sign Review Board meeting. PRESENTER: Traci Henderson, Assistant City Secretary GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each Sign Review Board meeting. The minutes for the previous meeting are placed on the agenda for review and approval by the Board. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve the minutes of the November 14, 2022 regular Sign Review Board meeting. MINUTES OF THE SIGN REVIEW BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE NOVEMBER 14, 2022 REGULAR MEETING A. CALL TO ORDER Chair Trevino called the meeting to order at 8.44 p.m. Present: Oscar Trevino Chair, Mayor Tito Rodriguez Board member, Place 1 Rita Wright Oujesky Board member, Place 2 Suzy Compton Board member, Place 3 Mason Orr Board member, Place 4 Scott Turnage Board member, Place 6 Kelvin Deupree Board member, Place 7 Absent: Vacant Board member, Place 5 Staff Present: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney Traci Henderson Assistant City Secretary B. PUBLIC COMMENTS There were no requests to speak from the public. C. ACTION ITEMS C.1 APPROVE MINUTES OF THE JULY 11, 2022 SIGN REVIEW BOARD MEETING. APPROVED A MOTION WAS MADE BY BOARD MEMBER RODRIGUEZ, SECONDED BY BOARD MEMBER TURNAGE TO APPROVE THE MINUTES OF THE JULY 11, 2022 SIGN REVIEW BOARD MEETING. MOTION TO APPROVE CARRIED 7-0 November 14, 2022 Sign Review Board Meeting Minutes Page 1 of 3 C.2 SRB22-0005 CONSIDERATION OF A REQUEST FROM CLEAR CHANNEL LLC FOR A PERMIT FOR NONCONFORMITY TO CHAPTER 106 (SIGNS) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO ALLOW A DIGITAL BILLBOARD CONVERSION AT 8101 GLENVIEW DRIVE AND 4120 GLENVIEW COURT, BEING 0.844 ACRES DESCRIBED AS LOT 1A, BLOCK 2, TOWNE OAKS ADDITION, AND TRACT 1, WILLIAM WALLACE SURVEY, ABSTRACT 1606. APPROVED Director of Planning Clayton Comstock informed the Board the applicant is requesting a permit for nonconformity to Chapter 106 (signs) of the North Richland Hills Code of Ordinances. The request is to convert an existing billboard sign to a digital billboard sign at 8101 Glenview Drive.Mr. Comstock provided site photos of the property. Applicant Jake Smith, Clear Channel Branch President presented the item. Mr. Smith informed the Board their proposal is to convert the existing sign to a digital sign. The size and height of the sign will remain the same, the walking deck will be removed and replaced with a decorative surround. There will be reduced lighting in areas outside of the direct viewing area of the sign. This will decrease the light illumination on the multi-family complex in the area. Mr. Smith was available to answer questions from the Board. Mr. Comstock presented staffs report. The site is located at the northwest corner of North East Loop 820 and Glenview Drive. The applicant requests to remove an existing billboard and replace it with a new digital billboard. The total sign area is 672 square feet with a height of 60 feet. The billboard sign is situated near the frontage road between the two buildings on the property. The 38,507 square foot property is zoned local retail. The message area height is 14 feet by 48 feet in width on both sides of the sign. The billboard support structure would be clad in a decorative stone product. Mr. Comstock stated that the support structure is consistent with the freeway corridor overlay urban design plans. He reviewed the approval process along with the table of permitted signs. Mr. Comstock stated that the Sign Review Committee recommends approval of the request. Mr. Comstock was available to answer questions from the Board. A MOTION WAS MADE BY BOARD MEMBER WRIGHT OUIESKY, SECONDED BY BOARD MEMBER COMPTON TO APPROVE SRB22-0005. MOTION TO APPROVE CARRIED 7-0. D. ADJOURNMENT Chair Trevino adjourned the meeting at 9.03 p.m. November 14, 2022 Sign Review Board Meeting Minutes Page 2 of 3 Oscar Trevino, Chair Traci Henderson Assistant City Secretary November 14, 2022 Sign Review Board Meeting Minutes Page 3 of 3 "K NOKTH KICHLAND HILLS SIGN REVIEW BOARD MEMORANDUM FROM: The Office of the City Manager DATE: January 23, 2023 SUBJECT: SRB22-0006 Public hearing and consideration of a request from Signs Manufacturing and Maintenance Corp for a variance to Chapter 106 (Signs) of the North Richland Hills Code of Ordinances at 8360-8380 Davis Boulevard, being 11.59 acres described as Lots 2R3R1 and 2R4R-2R8R, Block 1, Davis North Tarrant Parkway Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Remember the Alamo NRH LLC (owner) and B&B Theatres (tenant), Signs Manufacturing and Maintenance Corp is requesting a variance to Chapter 106 (Signs) of the North Richland Hills Code of Ordinances. The site is located at 8360-8380 Davis Boulevard. The applicant is requesting a variance from the size and location standards for a monument sign. GENERAL DESCRIPTION: The site is located on the east side of Davis Boulevard and just south of North Tarrant Parkway. The subject property includes the B&B Theatres site and five pad sites fronting Davis Boulevard. The theater site does not have street frontage but has access to a driveway through a 25-foot access easement near the southwest corner of the site. In October 2022, the sign contractor for B&B Theatres owner applied for a sign permit to construct a new monument sign adjacent to the driveway at the southwest corner of the site. As part of the plan review, it was noted that the sign structure and message area were larger than permitted by the sign regulations and that the sign would be located off- premises of the theater property. The owner considered modifications to the sign to comply with the standards. However, the owner ultimately decided to seek a variance to allow the sign as proposed. An analysis of the request and relevant codes is below. ANALYSIS The variance request is related to standards for non-residential monument signs, which are contained in Section 11 „11„�( „( y of the sign regulations. "K NOKTH KICHLAND HILLS JU rmir W ppI ........ww Above: The sign is proposed to be constructed on the south side of the driveway at the southwest corner of the site. The message area includes ° f signage for B&B Theatres and five tenant panels, one for each outparcel. The sign would be located off- premises of the theater lot as well as ° four of the pad sites. Left: The proposed sign structure measures 10 feet wide and 12 feet tall, or 120 square feet in size. The sign message area measures 7.5 feet wide and 9.5 feet tall, or 73 square feet. "K NOKTH KICHLAND HILLS There are five different types of non-residential monument signs, each with their own criteria and standards for location and dimensions. These include. (1) on-premises single-tenant; (2) on-premises multi-tenant; (3) off-premises shared; (4) major development; and (5) major retail mall. Staff reviewed the proposed sign against all five sign types and concluded that one or more variances would be required in all cases. For the purposes of the Sign Review Board, the standards for review are for the shared off-premises monument sign. The table below compares these sign standards with the compliance status of the proposed sign. (2) A shared off-premises sign may not be located on a I DCII S IINC� COIAI1'll... vacant lot or parcel. Lot 2R7R is currently a vacant lot. (3) The owner(s)of all properties desiring to install a I)CIII C IINC"'II'"'CCIMII''�...Y shared off-premises monument sign must provide a copy of a notarized"unity"agreement which has been While the owners of all properties have executed a Sign filed of record with Tarrant County Deed Records that Easement Agreement(attached),that agreement does notifies the building official that the subject not acknowledge that the subject properties are to be properties are to be considered a single parcel. considered a single parcel. IDCII S IINO� CCIICIII'll... As part of this request,only the future tenant of Lot 2R7R would relinquish their allowance for a separate (4) A parcel or lot that contains an existing monument single-tenant monument sign. All other lots within the sign shall not be granted an additional off-premises subdivision would have the ability to advertise on the monument sign. proposed shared off-premises multi-tenant sign AND maintain their one monument sign allowance. This would result in a maximum of five(5) monument signs along this 985 feet of Davis Boulevard frontage. I)CIII C INC'II','CCIMII'':�...Y A"major development sign" is a separate sign type that (5) A shared off-premises monument sign shall not be does not qualify for this subdivision and is considered a considered a bonus sign. bonus sign. A bonus sign may be allowed in addition to any other sign,provided that all spacing requirements are satisfied. The request is to consider the proposed sign a bonus sign. (6) A shared off-premises monument sign shall adhere to the same requirements of other nonresidential I DCII S IINC� CCIICIII'll... monument signs, however,they may not exceed a maximum height of seven feet or exceed a maximum See below summary area of 75 square feet. "K NOKTH KICHLAND HILLS (2) Maximum area:50 square feet for message area 1)0111 S IILO"'111 0011L11JJ'�..Y and 75 square feet for sign structure area The sign message area is 73 square feet. The sign structure area is 120 square feet. I D011 S IILO� 00117111'll... (3) Maximum height:Seven(7)feet The sign structure is 12 feet in overall height. 00110Pi..JI ILS (4) S acin :At least 100 feet from another nonresidential sign There are no nonresidential signs within 100 feet of the proposed location. (10111A II III..JI ILS (5) Li htin :Internal lighting or ground lighting The sign would include ground and/or internal lighting. The request is being processed as a variance application, which would waive certain sign standards for the property. The Board may include appropriate conditions as part of the approval of a variance request. The affirmative vote of four Board members is required to approve a variance. A public hearing is required for consideration of a request for variance. Notice of the public hearing was published in the newspaper and mailed to all owners of real property within 200 feet of the site. OPTIONS FOR BOARD CONSIDERATION The Sign Review Board has the following options on this application. 1. Approve the variance as presented. This action would approve variances to the sign standards for monument signs and allow the sign to be constructed as presented. 2. Approve the variance with conditions. This action would approve variances to the sign standards for monument signs, subject to the owner making modifications to the sign size, location, or design as directed by the Board. 3. Deny the variance. This action would require the sign to be built in compliance with monument sign standards. RECOMMENDATION: Approve SRB22-0006, which would include not allowing an additional monument sign for Lot 2R7R. NORTH TARRANT ............................ ... i W } CIO L LU 0 pVIIVII Q to IIII �Q pills ,,,,,,,,, VII � � pullll .. pW _, pWll , �� ........... ill BRIDLE PATH W Iuu �IpV@ �� Ilullu N)N x THOR w ........ 0 O m �....... S Z LU = m,......, w � Q. ......... 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I f J "" II / ri/// uul�l IiIN � "i IIIN II"rvw'" � {/1 J Ixlu� I Prepared by Planning 1/5/2023 N DISCLAIMER:This product is for informational purposes and may not nI IFeet have been prepared foror be suitable for legal,engineering,or surveying N 0 100 200 400 600 800 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: SRB22-0006 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a sign variance as shown on the attached map. APPLICANT Signs Manufacturing and Maintenance Corp LOCATION 8360-8380 Davis Boulevard REQUEST Public hearing and consideration of a request from Signs Manufacturing and Maintenance Corp for a variance to Chapter 106 (Signs) of the North Richland Hills Code of Ordinances at 8360-8380 Davis Boulevard, being 11.59 acres described as Lots 2R3R1 and 2R4R-2R8R, Block 1, Davis North Tarrant Parkway Addition. DESCRIPTION Variance request to allow a 12-foot tall, 120-square-foot off-premise monument sign at the south corner of the driveway to the theater on Davis Boulevard. The maximum allowed sign area at this location is 75 square feet. The proposed sign would serve multiple tenants on the property. PUBLIC HEARING DATES Sign Review Board 7:00 PM Monday, January 23, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the Sign Review Board public hearing. Because changes could be made to requests during the public hearing process,you are encouraged to follow the request through to final action by the Board. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP / W CLARA � 8 WD LE PATH / � f i / I � f C1� : WWI q,,; Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SRB22-0006 8900 TARRANT PKWY LP 2110 CEDAR ELM TERR WESTLAKE,TX 76262 ADAMS,AUSTIN C 8904 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 ADAMS, BRIAN 8320 THORNWAY CT NORTH RICHLAND HILLS,TX 76182 A-S 116 NORTH TARRANT PKWY- 8827 W SAM HOUSTON 200 PKWY N HOUSTON,TX 77040 BECK,JIMMY J 8805 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 BROWN,BILLY D 9009 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 BROWNING,KENNETH 8804 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 CURNOW,CHARLES 8317 THORNWAY CT NORTH RICHLAND HILLS,TX 76182 ENCORE REALTY CO II LP 1705 W NORTHWEST HWY STE 260 GRAPEVINE,TX 76051 GRAY,BRIAN W 8921 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 IMAN, PEYTON M 8933 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 KIENER,KEVIN 8320 THORNBROOK CT NORTH RICHLAND HILLS,TX 76182 KWUN INVESTMENT CORP 8401 DAVIS BLVD NORTH RICHLAND HILLS,TX 76182 LEGACY RICHLAND REALTY LLC 5700 GRANITE PKWY STE 455 PLANO,TX 75024 LIDL US OPERATIONS LLC 3500 S CLARK ST ARLINGTON,VA 22202 MASON, LARRY D 8925 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 NORMAN,DOUGLAS E 9005 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 QUALLEY,WARREN L 8321 THORNBROOK CT NORTH RICHLAND HILLS,TX 76182 REMEMBER THE ALAMO NRH LLC 1701 RIVER RUN STE 702 FORT WORTH,TX 76107 RENEGAR,LENDY G 8800 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 RETAIL BUILDINGS INC 3000 NE 63RD ST OKLAHOMA CITY,OK 73121 RO,SUNHEE 8905 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 ROBINSON,DAVID WAYNE 8917 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 SANDCAP DAVIS-N TARRANT LLC 550 BAILEY AVE STE 255 FORT WORTH,TX 76107 SPARKS,JOHN 8913 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 STANLEY,ETHAN 8929 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 STUDER,MARK 8901 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 TARRANT PARKWAY BACELINE LLC 1391 SPEER BLVD STE 800 DENVER,CO 80204 TUBB,L C PO BOX 161639 FORT WORTH,TX 76161 TUBB,L C 8333 DAVIS BLVD NORTH RICHLAND HILLS,TX 76182 VELEZ,GUSTAVO A 8801 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 WAGGONER,REBECCA S 8909 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 WEGER,SONYA M 9001 THORNWAY DR NORTH RICHLAND HILLS,TX 76182 ............. . .............. ............... ................................ .......... ................ .................... aQ ............... ................... ............... ............... ............... ............... ............... .............. 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W�3,la Nugget Vinyl IS A PRELIMINARY DRAINING. zz s�M��n.�q��,farf��r��g corn_-Trees T".E`2 coca N eo--IN w U� TT MMi oerAxls MAY BE Mooxrxeo IN vrsooucnoN. uF cruPiNe coBa.,ANo urvrvor BE coPiEo,ixweir oB wry ro amvoN�i ours oeo v�ouao snwzaiioN wiiuour iuE AuiuoarzEo°,wa`iTrLN I�us �I MAY NOT BE TO AN EXACT SCALE: O F SIGNS MANUFACTUBINGCORPORATION.Ucensed to fabricate.Small and ser,ce�Igns bytM1e Stare of Texas a-Ecense:TS N3I GuF—Approval D222258344 10/27/2022 03:44 PM Page: 1 of 9 Fee: $51.00 Submitter: Baker Monroe PLLC Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COUNTY CLERK SIGN EASEMENT AGREEMENT T4 THIS SIGN EASEMENT AGREEMENT (this "Agreement") is executed as of this day of October 2022,by and between SANDCAP DAVIS N-TARRANT, LLC,a Texas limited liability company ("Sandcap'), and REMEMBER THE ALAMO NRH, LLC, a Texas limited liability company ("Theater Owner"). RECITALS: A. Sandcap is the owner of certain real property comprised of five separate lots,known as Lot 2R3R1, Lot 2R4R, Lot 2R5R, Lot 2R6R, and Lot 2R7R, Block 1, Davis-North Tarrant Parkway Addition, North Richland Hills, Tarrant County, Texas, and legally described on Exhibit A(collectively, the "Sandcap Tracts"). B. Theater Owner is the owner of certain real property known as Lot 2R$R, Block 1, Danis-North Tarrant Parkway Addition, North Richland Hills, Tarrant County, Texas, and legally described on Exhibit B (the "Theater Tract"). C. Sandcap may transfer fee simple title to one or all of the Sandcap Tracts for the construction and operation thereon of commercial and retail buildings and related improvements or other uses, and prior to doing so, desires to establish the easement hereinafter set forth. D. Sandcap and Theater Owner acknowledge that it would be mutually beneficial to both the Theater Tract and the Sandcap Tracts to establish an easement upon, over, through and across one of the Sandcap Tracts for a monument sign and for the ability to install and maintain sign panels on the multi-tenant sign benefiting the Theater Tract and the Sandcap Tracts as provided herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sandcap and Theater Owner agree as follows: 1. Grant of Easement. Sandcap hereby grants and establishes a sign easement (the "Sign Easement") over, across, and through that portion of Lot 2R7R (the "Sandcap Easement Tract")as more particularly described and/or depicted on Exhibit C attached hereto(the "Easement .Area") for the purpose of installing, placing and repairing sign panels on a multi-tenant monument sign (the"Signage Facilities"),together with reasonable rights of ingress and egress in, upon, over, and across the Sandcap Easement 'Tract and from any dedicated public right of way, street, or thoroughfare. The Sign Easement will be used solely to permit the Theater Owner to install,place, maintain, repair or replace sign panels on the Signage Facilities; provided, the Theater Owner or tenant of the Theater Tract shall have the exclusive right to install its sign on the top panel of the Signage Facilities (subject to the other terms hereof), and the owner or tenant of each of the other Sandcap Tracts shall have the right to install its sign panel on the Signage Facilities in accordance with this Agreement, as generally depicted on Exhibit D attached hereto (it being understood that such exhibit is a depiction of the Signage Facilities to be constructed on the Sandcap Easement Tract, and shall not operate as a restriction on the sign panels installed thereon). $1Gti EASEMENT AGRE.EM[-M1"f PAGF-1 D222258344 Page 2 of 9 2, Covenants. Theater Owner agrees to repair any damage caused to the Sandcap Easement Tract that is a result of the acts of Theater Owner or its contractors in building, maintaining, repairing or removing any sign panels. In the exercise of such rights, Theater Owner shall use reasonable efforts to minimize the extent reasonably practicable any damage to or interference with the use and enjoyment of any business conducted on the Sandcap Easement Tract. Theater Owner agrees to not block any driveway access on the Sandcap Easement Tract and to only park in the area closest to the Signage Facilities in order to perform repairs and/or maintenance of or on the Signage Facilities. Theater Owner shall not place any sign panels on the Signage Facilities without the prior written consent of the owner of the Sandcap Easement Tract, which consent shall not be unreasonably withheld,conditioned, or delayed. Notwithstanding the foregoing, in the event the owner of the Sandcap Easement Tract does not approve or reject the proposed sign panel within fourteen (14) days after receipt of request for written consent, such sign panel shall be deemed approved if said proposed sign panel otherwise complies with the terms of this Agreement. All sign panels shall comply with any applicable, state, federal,and local laws. 3. Development of Sandcap Easement Tract. Sandcap shall have the right to construct, alter, demolish, and reconstruct buildings and other improvements on the Sandcap Easement Tract from time to time without the consent of, or notification to, Theater Owner, except such construction, alteration, demolition, and reconstruction shall not materially interfere with the rights to the Sign Easement. Sandcap hereby reserves for itself the full and unrestricted right to use the Easement Area for any purposes whatsoever,including, without limitation, the right to grant utility easements (by plat or otherwise) and the installation, repair, and maintenance of underground utilities across and under the Easement Area, so long as the easement and rights granted herein to Theater Owner are not materially and adversely impacted by exercise of such rights. 4. Duration of Easement. The Sign Easement shall be for a term commencing with the date hereof and continuing perpetually (the "Term"); provided, however, for s❑ long as Sandcap owns one or more of the Sandcap Tracts, then in the event Theater Owner or tenant of the Theater Tract ceases to operate a first-run movie theater for a period of two (2) years, Sandcap shall have the right to terminate this Agreement. Theater Owner agrees upon the expiration date or sooner termination of this Agreement,upon Sandcap's request,to remove the Sign and restore any damage to the Sandcap Easement Tract at Theater Owner's expense. 5. Construction. The Signage Facilities shall be initially constructed as depicted on Exhibit D by Theater Owner, at its sole cost and in compliance with all applicable laws, in the northeast corner of the Sandcap Easement Tract,Tract, identified on Exhibit C. Theater Owner shall commence construction of the Signage Facilities within ninety(94)days after receipt of all permits. The construction of the Signage Facilities shall be performed in a good and workmanlike manner, free and clear of mechanics' and materialmen's liens, and in accordance with any and all applicable federal, state and local laws, statutes, ordinances, rules, requirements and regulations,and orders of any and all governmental authorities having jurisdiction. 6. Maintenance. Theater Owner,or its successors and assigns,shall maintain and repair all Signage Facilities located on the Sandcap Easement Tract in good and functioning order and first-class condition for the duration of the Term, including, without limitation, repairing or replacing any damaged portions of the Signage Facilities and replacing any lightbulbs, florescent or SIGN EASEMENT AGREEmFNT PAGE 2 D222258344 Page 3 of 9 neon tubes or other illumination devices. Sandcap may, at its option, grant to the owner or tenant of any of the Sandcap Tracts the right to install its sign on the Signage Facilities in accordance with this Agreement, and if so, such other users shall then share on a proportionate basis thereafter the costs of maintenance and repair of the Signage Facilities. Such owners or tenants, as applicable, shall reimburse Theater Owner such maintenance and repairs and any electrical costs for the Signage Facilities on a pro-rata basis. The invoices submitted to such parties shall be paid within 14 days after the date of receipt of a statement therefor, which statement shall specify the details of the maintenance performed and the cost thereof. Any additional expenses incurred by Sandcap (or the owner of the Sandcap lasement Tract) relating to the Sign Facilities (including without limitation any increase in taxes, costs for utilities, and/or insurance incurred by Sandcap) shall be reimbursed by Theater Owner upon receipt of written demand by Sandcap. All such work shall be performed in a good and workmanlike manner with reasonable prior notice to Sandcap(or the owner of the Sandcap Easement Tract). if any repairs required to be made by Theater Owner hereunder are not made within ten(1 a)days after written notice delivered to Theater Owner by Sandcap(or the owner of the Sandcap Easement Tract), Sandcap may at its option make such repairs, and Theater Owner shall reimburse Sandcap for such repairs;provided,however,if the failure to perform such repairs creates a hazardous condition, the failure must be cured immediately upon notice. 7. Easement Running With the Land; No Personal Liability. The Sign Easement and covenants contained in this Agreement constitute covenants running with the land,which shall bind and inure to the benefit of Sandcap, Theater Owner, and each successive owner of a fee simple interest in any of the real property covered hereby. The obligations described herein shall not be personal obligations of Theater Owner or Sandcap, but shall be obligations of the owners of the Theater Tract and the Sandcap Tracts from time to time; and upon the conveyance of the Theater Tract or the Sandcap Tracts,Theater Owner or Sandcap, as the case may be, shall be released from all obligations hereunder. 8. Miscellaneous. (a) Amendment. This Agreement may be amended only by a written amendment recorded in the real property records and executed by Theater Owner and Sandcap (or the then-current owners of the Theater Tract and the Sandcap Tracts). (b) Enforcement. Sandcap, Theater Owner, and their respective heirs, successors, and assigns, shall comply strictly with the provisions of this Agreement. Failure to comply with any of the terms of this Agreement shall give rise to a cause of action to recover sums due for damages or inj unctive relief or both,maintainable by Theater Owner or Sandcap. The failure to enforce any provision of this Agreement at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of this Agreement. (c) SeverabilitY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. SIGN EASEWNT AGAF.EMEM' PAGE 3 D222258344 Page 4 of 9 (d) Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. (e) No Public Dedication. This is a private agreement and does not establish or contemplate any dedication of any property or other rights or privileges to the public or any governmental entity. (f) Entire Agreement. This Agreement embodies the complete agreement between the parties hereto and cannot be varied or terminated except by the written agreement between Theater Owner and Sandcap. IN WITNESS WHEREOF, Sandcap and Theater Owner have executed this Agreement as of the date first above written. SANDCAP: SANDCAP DAVIS N-TARRANT, LLC, a Texas limited liability company By: a 'Z" Name: William A. Sandlin Title: Manager THE STATE OF TEXAS ) COUNTY OF TARRANT ) This instrument was acknowledged before me on Q , 2022, by William A. Sandlin, Manager, Sandcap Davis N-Tarrant LLC, on half of such limited liability company. }Ay pu TAYLOR CATHERINE N ary Public late of Texas SANDLIN ' Notary ID#131098293 ~'rFaFs*r My Commission Expires May 18, 2025 r&-& (VVnted name) My Commission Expires: 5!G\EASEMENT AGREEMENT PAGr 4 D222258344 Page 5 of 9 THEATER OWNER.- REMEMBER THE ALAMO NRH, LLC, a Texas limited liability company By: Name: i ?-AXIS 5 �C,�►st-� Title: 'F e-FS I ti'T THE STATE OF TEXAS } } COUNTY OF TARRANT } This instrument was acknowledged before me on 2022,by Travis English, President of Remember the Alamo NRH,LLC, a Texas limited liability company,on behalf of such limited liability company. Notary Public, S of Texqn [printe name) My Commission Expires:_ [5��j TAMMY R KAZMIERSKI Notary ID#124114369 r My Commission Expires February 15,2026 SIGN EASEMENT AGREEMENT PAGE 5 300272374 D222258344 Page 6 of 9 EXHIBIT A Sandcay Tracts Being Lot 2R3R1, Lot 2R4R, Lot 2R5R, Lot 2R6R, and Lot 2R7R, Block 1 of Davis-North Tarrant Parkway Addition,an Addition to the City of North Richland Hills,Tarrant County,Texas,according to the plat thereof recorded in Document D216263437, Plat Records, Tarrant County, Texas. Exm arr A D222258344 Page 7 of 9 EXHIBIT B Theater Owner Tract Being Lot 2R8R, Block 1 of Davis-North Tarrant Parkway Addition, an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Document D216263437,Plat Records,Tarrant County, Texas. EXHIBIT 13 D2222 a3 4 Page a of 9 EXHIBIT C Depiction OrmLxn Easement Are a § . \ ` , { \ \ ` w I ] •Y Sign Location ; y 04. �\� z § \\ \( . | /�G eRy em % � - . @!pil • !me ` �me . . / »� �) } $m U�p E| K ` N] § \ • 5 § \ \� ~§� \ \dhd: 2m@6: § h$ , IjA f\i�%;� � 4( ,§E` R.-- EXHIBIT r D222258344 Page 9 of 9 EXHIBIT D Signage Facilities sws (214)339.2227 (817)861-f Z.34 I RM Imresnnef I REpreSentatWe!! cw r Vr- (M)850-3300 fax:(21d)330.9"7 rx MOMI CMDOrl 1W in - 24 in • 9D in 2I it OVA rr Y r i 1 � ' f c c i 36one NamDnry i6.P. :.adne:Cab-8rnnzc m 'c sra m ape 12 it 7Dp Ca p:Dark Bm.vr. PM5 462 (; 3M Gad Numr.Oq'd Mr-Rm Twid Sips•3 S h 16 in wy THIS IS A PMELZMZN Z1 111/I A. ME DETAILS a103]51pns M1Mruracrurinp Lorp, THIS DESFGN CHEATED IH LDHHELTIGN WrM THn PROJECT EIEIHG R,,ANMCD rpR 1rW,IS THE E%CLDSI�E RROPERTY 1 Tv` II!OF St[:Hs MuMA4l yxWi CORv--.AHu GHHOY NE cpPiED,axHi&TEd UR StgA'+,Yp nNv�N%cw,1n ,YOtR pRGviu:ATiDN YRTHDIIT THE AnIMO wm.vMITfEN tp19B1TOP SIGNS N.wwA['nlRkp COPpnFAT1oN-Ekamee m rin k In.ImeallaM>ImA[a a rH Ly Yw'4W oT T:w under if--''CL Ms. TR:L IWt6 TEa 175DD ' Cu5E0mer Approval l This slrn urt be Ins,al l ed ord•n� . toh Pry rtslanr v} ;Grt le lr 600 of [hr Na 1_1 El.!Vt Cod,- PP EXITIBIT D