HomeMy WebLinkAboutContract 53395-EC1 Date Received: 07/27/2022 Record Number: SWFMA-22-0064
Time Received: 4:38 pm City Secretary No.: 53395-EC1
Estoppel Certificate
This Estoppel Certificate is made on the 26th day of J U ly 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 Assistant City Manager. The City provides this Estoppel Certificate in
reference to that certain Stormwater Facility Maintenance Agreement (the "Agreement') with Fort Worth
at River Park, LLC, a Delaware limited liability company ("Seller") dated as of January 15, 2020, and
recorded on January 16, 2020, under Clerk's File No. D220011993, Official Public Records, Tarrant
County, Texas, relating to that certain real property as filed under Clerk's File No. D219293477, Official
Public Records, Tarrant County, Texas, as more particularly described in the Agreement(the "Pro e ").
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 for
TA Realty Value-Add Fund XIII REIT,LLC,a Delaware limited liability company,or its permitted assigns
("Purchaser")the permitted assign of TA REALTY LLC, a Massachusetts limited liability company;
Purchaser has entered into that certain Purchase and Sale Agreement with the Seller, for the
Property.
Purchaser has requested that City execute and deliver this estoppel certificate ("Estoppel") and City
understands that the Purchaser is relying on the following statements in purchasing the Property from the
Seller. In addition,this Estoppel and the representations,warranties and covenants contained herein may
be relied upon by Seller's and Purchaser's respective successors and assigns and any nationally recognized
statistical rating agency rating any securities issued in connection with any loan to Purchaser or any portion
thereof.
The City hereby certifies that:
1. The Property is subject to the terms of the Agreement, which Agreement is in full force
and effect, has not been supplemented, amended, modified or superseded since its original execution, and
no other agreements or understandings (other than Agreement) exist between or among any or all of the
undersigned with respect to the subject matter of the Agreement.
2. Seller has paid and the City is in receipt the application fee of$635.00 that was requested
at the time of execution of the Agreement to defray all costs of inspection and supervisions to the City.
There are no outstanding expenses due and owing from the Seller to the City in connection with any
obligations under the Agreement.
3. To the City's knowledge, Seller is not in default or in violation of any of their obligations under
the Agreement and the City does not have any knowledge of the existence of any event which, with the
giving of notice,the passage of time or both would constitute a default by Seller under the Agreement.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Executed as on the 26thday of J U ly 2022.
City: Approved As To Form and Legality
CITY OF FORT WORTH
b B�gL)� Thomas Royce Hansen
By: Dana Burghdoff(M 26,20 214:03 CDT) Assistant City Attorney
Dana Burghdoff, J U 1 26, 2022
Assistant City Manager Date:
Date: J U 12612022
��°FORr'Cy �oa�
pro°° °0 Contract Compliance Manager:
ATTEST: .h0 00 d By signing I acknowledge that I am the person
0000 0 Z d responsible for the monitoring and administration
Tgnnette S. Goon%// �� 00 °Oo.4c�d of this contract, including ensuring all
Jannette S.Goodall(Jul 27,2022 14:31 CDT) °00pppO. .CY performance
Jannette Goodall d�n��EXpSO�p and reporting requirements.
City Secretary
Date: J U[ 27) 2022
�7agz2�S(a /Mt tilowaG2l
Janie Scarlett Morales(Jul 26,2022 13:24 CDT)
Janie S. Morales
Development Services
Date: J U[ 26) 2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
***THIS PAGE 1 ' CITY OF FORT1 ' OFFICE USE 1
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 Dana Burghdoff, 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 26 day of July
2022 .
Digitally signed by
Bichson
Bichson Nguyen �pRYPGe BICH SON THI NGUYEN
Nguyen Date:2022.07.2713:53:30 z Notary Public
05'00' * * STATE OF TEXAS
Notary I.D. 133389224
My Comm.Exp.Oct. 13,2025
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX