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HomeMy WebLinkAboutContract 53459-EC1 Date Received: 07/27/2022 Record Number: SWFMA-22-0066 Time Received: 4:40pm City Secretary No.: 53459-EC1 Estoppel Certificate This Estoppel Certificate is made on the 26th day of J U[y 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 Retaining Wall Maintenance Agreement (the "Agreement') with Fort Worth at River Park, LLC, a Delaware limited liability company ("Seller") dated as of January 24, 2020, and recorded on February 3, 2020, under Clerk's File No. D220024712, 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terms of the Agreement, which Agreement is in full force and effect, has not been supplemented, amended, modified or superseded since its original execution, and no other agreements or understandings (other than Agreement) exist between or among any or all of the undersigned with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. Executed as on the 26th day of J U ly 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City: Approved As To Form and Legality CITY OF FORT WORTH ��B04�� Thomas Royce Hansen By: Dana Burghdoff( 26,20 14:03 CDT) Assistant City Attorney .7 Dana Burghdoff, J U 1 26, 2022 Assistant City Manager Date: Date: J U l 26, 2022 ATTEST: Contract Compliance Manager: By signing I acknowledge that I am the person 7Gl`I`IG��G d GDOG��GG responsible for the monitoring and administration of this contract, including ensuring all Jannette S.Goodall(Jul 27,2022 14:32 CDT) performance Jannette Goodall and reporting requirements. City Secretary Date: J U[ 27, 2022 �7Gl�ll2�SG�G2tt/�ID�GZG2I Janie Scarlett Morales(Jul 26,2022 13:24 CDT) Janie S. Morales Development Services Date: J U l 26, 2022 OFFICIAL RECORD STATE OF TEXAS § CITY SECRETARY FT.WORTH, TX 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 Bichson Digitally signed by Bichson Nguyen �PpYPve BICH SON THI NGUYEN Date:2022.07.27 13:53:30 2° Notary Public Nguyen _05'00' * * STATE OF TEXAS "� /� y Notary I.D. 133389224 9�oF� 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