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HomeMy WebLinkAboutContract 47985-EC1 Date Received: 05/19/2022 Record Number: PN22-00070 Time Received: 1:18 PM City Secretary No.: 47985-EC1 ESTOPPEL CERTIFICATE This Estoppel Certificate is made as of the 18th day of May 2022, by the undersigned, the City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas ("City"), acting herein by and through its duly authorized Development Department Director, provides this Estoppel Certificate under that certain Right of Way Encroachment Agreement (the "Agreement") with Centergy River II LP, a Texas limited partnership ("Licensee"), dated as of July 13, 2016, and recorded July 19, 2016, under Clerk's File No. D216160404, Official Public Records, Tarrant County, Texas, and was re-recorded on January 6, 2017 under Clerk's File No. D217004259, Official Public Records, Tarrant County, Texas, relating to that certain real property located at 601 Harrold Street, Fort Worth, Tarrant County, Texas, as more particularly described in the Agreement (the "Property"). The City gives this Estoppel Certificate in connection with the sale, transfer, assignment and conveyance of such Property in its capacity to oversee compliance of the Agreement with respect to the Property, to Lang LB, LLC, a Texas limited liability company or its permitted assigns ("Purchaser") and that Purchaser intends to obtain title insurance from Chicago Title Insurance Company ("Title Company") and a loan in connection with its acquisition of the Property, and the City hereby certifies to Licensee, Purchaser, the Title Company and any lender as follows: 1. The Agreement is in full force and effect and City has not assigned or otherwise transferred its interest in the Agreement. 2. A true and correct copy of the Agreement,together with all amendments thereto,is attached as Exhibit "A" to the Assignment and Consent Agreement along with this Estoppel Certificate. 3. The term of the Agreement is 30 years commencing on July 13, 2016. 4. Licensee paid the $325.00 Application Fee. As of the date hereof, the annual license fee is $.56 per square/linear foot of the encroachment area, payable annually and thereafter. The initial license fee was paid to the City upon execution of the Agreement and the next payment of the annual license fee in the amount of$7.28 is due on January 1, 2023. 5. Licensee has constructed, installed and is currently maintaining the Irrigation Line improvements encroaching into the Public Right-of-Way and there are no outstanding construction or maintenance obligations under the Agreement. 6. No default by Licensee has occurred under the Agreement which is continuing. OFFICIAL RECORD CITY SECRETARY ESTOPPEL CERTIFICATE—ROW ENCROACHMENT AGREEMENT Page 1 PN22-00070 FT.WORTH, TX The City acknowledges that this Estoppel Certificate may be delivered to, and relied upon by, Licensee, Purchaser, the Title Company and any prospective lender to Purchaser, and their respective successors and assigns. Executed as on the 18th ,day of May 2022. CITY OF FORT WORTH &=—f By: DJ Hay 18,2022 14:00 CDT) D.J. Harrell, Director of the Development Services Department Date: May 18,2022 ad —s 0 000 ° ° °o rd O°°OO°°°°°°°° b ATTEST: nEXp5o4p Approved As To Form and Legality J iette S.Goodall(May 19,2022 07 CDT) Jannette Goodall, City Thomas Royce Hansen Secretary Assistant City Attorney Date: May 19,2022 Date: May 16,2022 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. 3?--�- (6f- - Janie S. Morales Development Services Date: May 16,2022 OFFICIAL RECORD CITY SECRETARY ESTOPPEL CERTIFICATE—ROW ENCROACHMENT AGREEMENT Page 2 PN22-00070 FT.WORTH, TX ***THIS PAGE FOR CITY OF FORTWORTH 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 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 18th day of May 2022 . Wendy L. Digitally signed by Wendy L.Beardslee �PRYP'o WENDY L BEARDSLEE Beardslee Date:2022.05.1816:28:11 z Notary Public 05'00' * *1 I.D. STATE OF TEXAS Notary 13323719-3 Notary Public in and for the State of Texas NT9�oFP My Comm. D p. July 28,2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX