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HomeMy WebLinkAboutContract 51261-EC2 r CITY SECRUARY rONI TRAcT NO. ESTOPPEL CERTIFICATE 1 (CITY SECRETARY CONTRACT NO. 51261) The undersigned, THE CITY OF FORT WORTH,TEXAS (the"City") hereby certifies to KEYBANK, NATIONAL ASSOCIATION, ("Lender") and to ALL STORAGE WALSH RANCH, LLC, a Texas limited liability company ("Assignee"), with respect to that certain Tax Abatement Agreement for Property Located in a Neighborhood Empowerment Zone dated August 23, 2018 by and between the City and Legacy Scenic, LP, as affected by that subsequent assignment dated effective October 19, 2018,by Legacy Scenic, LP to Jefferson Oakhurst Scenic, LLC ("Owner") (collectively, the "Agreement") as follows: 1. City Warranties. The City represents and warrants that as of the date hereof, (i) it does not know of any default under the Agreement; (ii)there are no amendments to the Agreement; (iii) no sums are currently due under the Agreement by Owner; (iv)the Agreement is in full force and effect; (v) the Agreement expires on December 31, 2027; and (vi) the current amount of the Abatement (as defined in the Agreement) is 100% and the Abatement commences for tax year 2023 and expires at the end of tax year 2027. 2. Collateral Assignment. The City hereby acknowledges that Owner intends to assign all of its rights under the Agreement to Assignee, and Assignee shall subsequently collaterally assign to Lender all of Assignee's rights under the Agreement. The City hereby approves of such assignment of the Agreement to Assignee and Assignee's subsequent collateral assignment of the Agreement to Lender. In the event Lender succeeds to the interest of Assignee under the Agreement, the City agrees that Lender shall not be liable for any indemnity or reimbursement provisions in the Agreement, and that the City shall look to the Owner or Assignee regarding such obligations. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] i OFFICIAL RECORD CITY SECRETARY 1"_"1""4888-0773-0181v.1"""4888-0773-0181v.1 1 FT WORTH,TX t The City has executed this Estoppel Certificate as of the date first above written. APPROVED AS TO FORM AND LEGALITY: By:Ad'vyj),-- 'd,U?l Melinda Ramos Sr. Assistant City Attorney Approved by M&C: None Required CITY OF FORT WORTH, TEXAS: By: "5:Z �,L-- Fernando Costa Assistant City Manager by: Ll1)w: �v `� s;- i onald P. Gonzales,Ast. rFT. IAL RECORomtsy SECRETARY WORTH,TX 1"="1""4888-0773-0181v.1"""4888-0773-0181v.1