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HomeMy WebLinkAboutContract 11085-A3 CITY SECRETARY FORT WORTH CONTRACT No. Pt 3 Leann D. Guzman Direct Dial(817)392-8973 Senior Assistant City Attorney Leann.Guzinan@fortwortlitexas.gov August 10, 2018 Mr. Andrew Messer Alston& Bird, LLP 90 Park Avenue New York,NY 10016 Re: Lease Agreement (Parking Garage Lease) dated April 30, 1980, filed March 25, 1981 and recorded in Volume 7093, Page 1644 and as affected by instruments recorded in Volume 11619, Page 2097 and Volume 14606, Page 517, of. the Real Property Records of Tarrant County, Texas. Dear Mr. Messer: My office received the enclosed in reference to the Parking Garage Lease, which has been executed by the City's Assistant City Manager, Jesus J. Chapa. If you have any questions, please let me know. y erely, it a_ Leann D. Guzman Senior Assistant City Attorney Chief—Real Estate & City Facilities Section OFFICIAL RECORD �Gx ��Q ;_,1� CITY SECRETARY FT.WORTH,TX r,;' p4 SSG F, OFFICE OF THE CITY ATTORNEY 6 8 L g The City of Fort Worth *200'Texas Street* Fort Worth,"texas 76102 817-392-7600 rt Fax 817-392-8359 ALSTON&BIRD LLP 90 Park Avenue New York,NY 10016 212-210-9400 Fax:212-922-3879 www.alston.corn August 1, 2018 v14: CERTIFIED MAIL RETURN RECEIPT REQUESTED The City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attn: City Manager Re: Lease Agreement (Parking Garage Lease) dated April 30, 1980, filed March 25, 1981 and recorded in Volume 7093,Page 1644 and as affected by instruments recorded in Volume 11619, Page 2097 and Volume 14606, Page 517, of the Real Property Records of Tarrant County, Texas (collectively,the "Ground Lease"). Dear Sir/Madam: We represent Morgan Stanley Bank,N.A., a national banking association, having an address at 1585 Broadway, New York, New York 10036 ("Mom"), (ii) Bank of America,N.A,a national banking association,having an address at 214 North Tryon Street, NC1-027-15-01, Charlotte, North Carolina 28255 (`BofA") and (iii) Barclays Bank PLC, a public company registered in England and Wales (together with their respective successors and assigns, "Mortgage Loan Leasehold Mortgagee"), in connection with that certain mortgage loan (the "Mortgage Loan") made by Mortgage Loan Leasehold Mortgagee to New Fort Tower I Hotel Limited Partnership,a Delaware limited partnership, having its principal place of business at c/o Ashford Hospitality Trust, 14185 Dallas Parkway, Suite 1100, Dallas, Texas 75254 ("Mortgagor") which mortgage loan is secured by that certain Deed of Trust, Assignment of Leases and Rents and Security Agreement, dated as of June 13,2018, given by Mortgagor for the benefit of Mortgage Loan Leasehold Mortgagee (the"Security Instrument"), encumbering the premises set forth on Exhibit A. We also represent Morgan Stanley Mortgage Capital Holdings LLC, a New York limited liability company, having an address at 1585 Broadway, New York, New York 10036 ( "Morgan Senior Mezz Lender"), (ii) Bank of America, N.A, a national banking association,having an address at 214 North Tryon Street,NC 1-027-15-01,Charlotte,North Carolina 28255 (`BofA Senior Mezz Lender") and (iii) Barclays Bank PLC, a public company registered in England and Wales,having an address at 745 Seventh Avenue,New Atlanta-Brussels-Charlotte-Dallas-Los Angeles-New York-Research Triangle-Silicon Valley-Ventura County-Washington,D.C. Munich(Liaison Biiro) York,New York 10019("Barclays Senior Mezz Lender"and together with Morgan Senior Mezz Lender and BofA Senior Mezz Lender,and each of their respective successors and/or assigns, "Senior Mezzanine Leasehold Mortgagee") in connection with that certain senior mezzanine loan (the "Senior Mezzanine Loan") made by Senior Mezzanine Leasehold Mortgagee to Mortgagor. We also represent Morgan Stanley Mortgage Capital Holdings LLC, a New York limited liability company, having an address at 1585 Broadway, New York, New York 10036 ("Morgan Junior Mezz Lender"), (ii) Bank of America, N.A, a national banking association,having an address at 214 North Tryon Street,NC 1-027-15-01, Charlotte,North Carolina 28255 (`BofA Junior Mezz Lender") and (iii) Barclays Bank PLC, a public company registered in England and Wales,having an address at 745 Seventh Avenue,New York,New York 10019 ("Barclays Junior Mezz Lender" and together with Morgan Junior Mezz Lender and BofA Junior Mezz Lender,and each of their respective successors and/or assigns, "Junior Mezzanine Leasehold Mortgagee") in connection with that certain junior mezzanine loan (the "Junior Mezzanine Loan") made by Junior Mezzanine Leasehold Mortgagee to Mortgagor. Please note that subsequent to the closing date of the Mortgage Loan, Senior Mezzanine Loan and the Junior Mezzanine Loan, the Mortgage Loan, Senior Mezzanine Loan and Junior Mezzanine have since been sold and/or transferred. We are writing on behalf of Mortgage Loan Leasehold Mortgagee, Senior Mezzanine Leasehold Mortgagee and Junior Mezzanine Leasehold Mortgagee to request that, in accordance with Article 1 1.01 of the Ground Lease,duplicate copies of all notices sent to Mortgagor (including, but not limited to, any notice with respect to a default) be sent to Mortgage Loan Leasehold Mortgagee, Senior Mezzanine Leasehold Mortgagee and Junior Mezzanine Leasehold Mortgagee at the following addresses: If to Mortgage Leasehold Mortgagee: Morgan Stanley Capital I Inc. 1585 Broadway New York,New York 10036 Attention: Jane Lam Morgan Stanley Capital I Inc. 1221 Avenue of the Americas New York,New York 10020 Attention: Legal Compliance Division Wilmington Trust,National Association 1100 North Market Street Wilmington, Delaware 19890 Attention: CMBS Trustee—AHT 2018-KEYS with a copy to: E-mail: cmbstrustee@wilmingtontrust.com Wells Fargo Bank,National Association 9062 Old Annapolis Road Columbia,Maryland 21045-1951 Attention: Corporate Trust Services(CMBS) -AHT 2018-KEYS with a copy to: Facsimile: (410) 715-2380 Email: trustadministrationgroup@wellsfargo.com; ets.cmbs.bond.admin@welisfargo.com Wells Fargo Bank,National Association 9062 Old Annapolis Road Columbia, Maryland 21045-1951 Attention: Risk Retention Custody(CMBS) -AHT 2018-KEYS with a copy to: riskretentioncustody@wellsfargo.com Wells Fargo Bank, National Association Certificate Registrar 600 South 4d' Street, 7h Floor MAC N9300-070 Minneapolis, Minnesota 55479 Attn: CTS -Certificate Transfer Services,AHT 2018-KEYS Wells Fargo Bank,National Association 1055 101h Avenue SE Minneapolis, Minnesota 55414 Attn: Document Custody Group(CMBS) AHT 2018-KEYS with a copy to: Email: cmbscustody@wellsfargo.com Wells Fargo Bank,National Association Commercial Mortgage Servicing Three Wells Fargo 401 South Tryon Street, 8th Floor MAC D1050-084 Charlotte,North Carolina 28202 Attention: AHT 2018-KEYS Asset Manager With a Cony by email to: commercial.servicing�?a,wellsfargo.com RA InvRequestsnwellsfargo.com REAM IiivestorRelations@wellsfariao.com If to Senior Mezzanine Leasehold Mortgagee: Shelter Growth Opportunities Master Fund LP c/o Shelter Growth Capital Partners LLC One Dock Street, Suite 501 Stamford, CT 06902 Attention: Roger Boone; Jay Strauss Email: rboonensgcp.com;jstrauss(d),sup.com Shelter Growth Master Term Fund B LP c/o Shelter Growth Capital Partners LLC One Dock Street, Suite 501 Stamford, CT 06902 Attention: Roger Boone; Jav Strawss Email: rboonegsgcp.com;jstrauss(asgep.com with a copy to: Haynes and Boone, LLP 30 Rockefeller Plaza, 26th Floor New York, NY 10112 Attention: Steven Koch, Esq. Email: steven.koch@havnesboone.com If to Junior Mezzanine Leasehold Mortgagee: DIF—ASHFORD HOTEL PORTFOLIO, LLC c/o Clarion Partners 230 Park Avenue New York,New York 10169 Attn: Drew Fung, Managing Director With a copy to: Clarion Partners Debt Investment Fund, LP 230 Park Avenue New York,New York 10169 Attn: Asset Manager and to: Morrison& Foerster LLP 707 Wilshire Blvd., Suite 6000 Los Angeles, California 90017 Attn: Thomas R. Filed, Esq. Please note that we reserve all rights under the Ground Lease, including any and all rights of a Mortgagee (as defined in the Ground Lease) as set forth therein. Sincerely, Alston& Bird LLP cc: BANK OF AMERICA,N.A.,a national banking association By: Na essica Pritt, — ,'F�fi e: Vice President 4 BARCLAYS BANK PLC,a public company registered in England and Wales n By: 2n, Name:Sabrina Khabie Title:Authorized Signatory MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC,a New York limited liability company B an yi> >a 1. c"s T le: Au'rtiorized Signatory MORGAN STANLEY BANKI,N.A., a national banking Liss 'vt By: N Kristin S ns e ./Title: Authorized.'ignatory THE CITY OF FORT WORTH, a Texas home rule municipal corporation ; By.Name: TS✓sy- . . . . . . Title: , �tg�'• C.-� UGtavr�5 er by. v aiy J. r' 'ty gemetary T Xp,S M&C: nr t 1295: N OFFICIAL RECORD CITY SECRETARY FT.WORTN, TX EXHIBIT A TRACT 1: (Fee Simple) HOTEL TEXAS TRACT AND THE TESCO OFFICE TRACT BEING a part of Block 112 of Original Town of Fort Worth in Tarrant County, Texas; and embracing Lots 1 through 4 and Lots 9 through 12 in said Block 112(the "Hotel Texas Tract")and also embracing Lots 5 through 8 in Block 112 (the "TESCO OFFICE TRACT") described in the deed to New Fort Tower I Hotel Limited Partnership recorded in Volume 14606, Page 515 of the Deed Records of Tarrant County,Texas and being described by metes and bounds as follows: BEGINNING at the Northwesterly corner of Block 112 and Lot 8, being the intersection of the Easterly line of Main Street and the Southerly line of East Seventh Street from which a tack in lead plug bears North 30 degrees West 5 feet and another tack in lead plug bears South 60 degrees West 5 feet; THENCE North 60 degrees East,along the Northerly line of said Lot 8 and the said Southerly line of East Seventh Street, 100 feet to the common North corner of Lots 8 and 16; THENCE South 30 degrees East,along the Easterly line of Lots 8,7,6 and 5 and the Westerly line of Lots 16, 15, 14 and 13, a distance of 100 feet to the common corner of Lots 5, 13, 12 and 4; THENCE North 60 degrees East, along the Northerly line of Lot 12 and the Southerly line of Lot 13, a distance of 100 feet to their common East corner in the Westerly line of Commerce Street; THENCE South 30 degrees East, along the Easterly line of Lots 12, 11, 10 and 9 and the said Westerly line of Commerce Street, 100 feet to the Southeasterly corner of said Block 112 and Lot 9 from which a tack in lead plug bears North 60 degrees East 5-4/10 feet and South 30 degrees East 5 feet; THENCE South 60 degrees West, along the Southerly line of Lots 9 and 1 and the Northerly line of former East Eighth Street, 200 feet to the Southwesterly corner of said Block 112 and Lot 1 from which a tack in lead plug bears South 30 degrees East 5 feet and South 60 degrees West 5 feet; THENCE North 30 degrees West, along the Westerly line of Lots 1, 2, 3,4, 5, 6, 7 and 8 and the said Easterly line of Main Street,200 feet to the Place of Beginning and Containing 30,000 square feet, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 2: Intentionally deleted. TRACT 3: (Leasehold Estate) SEIBOLD LEASEHOLD ESTATE Leasehold Estate as created in Lease Agreement executed by and between Charles W. Seibold, George W. Seibold,Jr.and Ted Seibold and The Fort Worth National Bank,dated March 26, 1960, filed June 7, 1960,and recorded in Volume 3451,Page 26, Real Property Records,Tarrant County, Texas; as Assigned and Amended by instruments recorded in Volume 3566, Page 69; Volume 4584, Page 853; Volume 4717, Page 862; Volume 4717, Page 868; Volume 4717, Page 873; Volume 4717,Page 879; Volume 6763,Page 1391; Volume 6763,Page 1422; Volume 6806,Page 425; Volume 6906, Page 1689; Volume 10113, Page 62; Volume 11619, Page 2088 and Volume 14606, Page 518, Real Property Records, Tarrant County, Texas. Said property being described as follows: BEING a part of Block 112 of Original Town of Fort Worth in Tarrant County, Texas; and embracing Lots 13 through 16 in said Block (the "Seibold Tract") described in the deed to Hunt Hotel/Fort Worth Ltd. recorded in Volume 6763, Page 1413 of the Tarrant County Deed Records, more particularly described by metes and bounds as follows: BEGINNING at the Northeasterly corner of said Block 112 of said Lot 16, being the intersection of the West line of Commerce Street with the South line of East Seventh Street from which a tack in lead plug bears North 60 degrees East 5-4/10 feet and North 30 degrees West 5 feet; THENCE South 30 degrees East, along the East line of said Lots 16, 15, 14 and 13 and said West line of Commerce Street, 100 feet to the Southeast corner of said Lot 13; THENCE South 60 degrees West, along the South line of said Lot 13 and the North line of Lot 12, a distance of 100 feet to the common corner of Lots 12, 13, 4 and 5; THENCE North 30 degrees West, along the West line of said Lots 13, 14, 15 and 16 and the East line of Lots 5, 6, 7 and 8, a distance of 100 feet to the common North corner of said Lot 16 and Lot 8 in the North line of said Block 112 and the South line of said East Seventh Street; THENCE North 60 degrees East, along the North line of said Lot 16 and the South line of said East Seventh Street, 100 feet to the Place of Beginning and Containing 10,000 square feet, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TOGETHER WITH rights of use of Seventh Street Bridge as set out in Continental Plaza Improvements recorded in Volume 7186, Page 1236, Deed Records, Tarrant County, Texas, as affected by 7th Street Bridge Agreement as recorded in Volume 7098, Page 534, Deed Records, Tarrant County,Texas. TRACT 4: (Fee Simple) STREETS ADJACENT TO HOTEL TEXAS TRACT AND THE TESCO OFFICE TRACT BEING that one-half(1/2) portion of Eighth Street, Main Street, Seventh Street and Commerce Street which adjoins the Hotel Texas Tract and the TESCO Office Tract, described in the deed to New Fort Tower I Hotel Limited Partnership recorded in Volume 14606, Page 515 of the Deed Records of Tarrant County,Texas and described by metes and bounds as follows: BEGINNING at the Southeasterly corner of said Block 112 at the intersection of the Northerly line of said Eighth Street and the Westerly line of said Commerce Street; THENCE North 30 degrees West,along the East line of said Block 112 and the said Westerly line of Commerce Street, 100 feet to the common East corner of Lots 12 and 13 in said Block; THENCE North 60 degrees East 39-97/100 feet to the middle of Commerce Street; THENCE along the said middle of Commerce Street: South 29 degrees 59 minutes 30 seconds East 100-01/100 feet; South 29 degrees 59 minutes 39 seconds East 30-10/100 feet to the middle of Eighth Street; THENCE along the said middle of Eighth Street: South 60 degrees 07 minutes 49 seconds West 39-95/100 feet; South 60 degrees no minutes 10 seconds West 200 feet; South 59 degrees 59 minutes 55 seconds West 39-98/100 feet to the middle of Main Street; THENCE along the said middle of Main Street: North 29 degrees 57 minutes 59 seconds West 30-01/100 feet; North 30 degrees West 199- 994/1000 feet; North 30 degrees no minutes 51 seconds West 30-03/1000 feet to the middle of Seventh Street; THENCE along the said middle of Seventh Street:North 60 degrees no minutes 21 seconds East 39-98/100 feet; North 60 degrees no minutes 38 seconds East 99-99/100 feet; THENCE South 30 degrees East 30-01/100 feet to the North line of Block 112 and the Southerly line of Seventh Street at the common North corner of Lots 8 and 16; THENCE South 60 degrees West, along the said North line of Block 112 and the Southerly line of Seventh Street, 100 feet to the Northwesterly corner of Block 112; THENCE South 30 degrees East, along the Westerly line of Block 112 and the Easterly line of said Main Street, 200 feet to the Southwesterly corner of said Block 112; THENCE North 60 degrees East, along the Southerly line of Block 112 and the Northerly line of said Eighth Street, 200 feet to the Place of Beginning and Containing 24,594 square feet, more or less. TOGETHER WITH the rights that constitute interests in real property granted in that certain License Agreement between the City of Fort Worth and the Fort Worth Chamber Development Corporation,dated July 3, 1968,filed July 3, 1979, and recorded in Volume 6763,Page 1363,Real Property Records, Tarrant County, Texas. OVERHEAD PASSAGEWAY BEING that certain above ground passageway (the "Overhead Passageway")connecting the Hotel Texas Tract and the Executive Wing Tract, being more particularly described as follows: BEING part of Commerce Street between Blocks 1 11 and 112 of Original Town of Fort Worth in Tarrant County, Texas; and embracing that portion of Commerce Street described as Parcel 3 (Overhead Passageway) described in the deed to New Fort Tower I Hotel Limited Partnership recorded in Volume 14606, Page 515 of the Tarrant County Deed Records, above which the Overhead Passageway connecting the improvements on, and being between Blocks 111 and 112 is located, being located above the surface of the following described realty; COMMENCE at the Southeasterly corner of said Block 112 being the intersection of the North line of East Eighth Street and the West line of Commerce Street and then run North 30 degrees West, along the East line of said Block 112 and the said West line of Commerce Street, 10-75/100 feet to a point for the Southwesterly and beginning corner of the Parcel being described; THENCE North 60 degrees East, crossing said Commerce Street generally along the Southerly face of the most Southerly wall of said overhead passageway, 79-92/100 feet to the West line of said Block 111 for the East line of said Commerce Street; THENCE North 30 degrees West, along the said West line of Block 11 I and the East line of Commerce Street, 11-9/10 feet to the Northerly face of the most Northerly wall of said passageway; THENCE South 60 degrees West, crossing said Commerce Street, generally along the said Northerly face of wall,79-92/100 feet to the East line of Block 112 for the West line of Commerce Street; THENCE South 30 degrees East, along the said East line of Block 112 and the said West line of Commerce Street, 11-9/10 feet to the Place of Beginning and Containing 951 square feet, more or less. SAVE AND EXCEPT that portion of the property conveyed to the City of Fort Worth by instrument dated October 2, 1980, recorded in Volume 7044, Page 558, Deed Records, Tarrant County,Texas, and described as follows: THE HUNT HOTEL TUNNEL PROPERTY The Hunt Hotel Tunnel Property is the North one-half(1/2)of the Tunnel Property and is located under the surface of a certain portion of Eighth Street in the City of Fort Worth in Tarrant County, Texas; embracing all of the Tract described in the deed to Fort Tower I Associates Hotel Limited Partnership,recorded in Volume 11619,Page 2064 of the Deed Records of Tarrant County,Texas commencing approximately 1.5 feet under the surface of such portion of Eighth Street, and being approximately 12 feet in depth,such portion of Eighth Street being described by metes and bounds as follows: COMMENCING at the Southwest corner of Block 112 of Original Town of Fort Worth in Tarrant County,Texas and being for the Easterly line of Main Street and the Northerly line of Eighth Street and then run North 60 degrees East along the Southerly line of said Block 112 and the said Northerly line of Eighth Street, 6-69/100 feet to the place of beginning; THENCE North 60 degrees East, continuing along the Southerly line of said Block 112 and the said Northerly line of Eighth Street,24-26/100 feet; THENCE South 30 degrees East, 30-01/100 feet; THENCE South 60 degrees West,24-26/100 feet; THENCE North 30 degrees West 30-01/100 feet to the Place of Beginning and Containing 728 square feet, more or less. AND FURTHER SAVE AND EXCEPT that property described as follows: NEW EIGHTH STREET BEING all of that portion of Eight Street described in the deed to New Fort Tower I Hotel Limited Partnership recorded in Volume 14606, Page 515 of the Deed Records of Tarrant County, Texas and described by metes and bounds as follows: COMMENCE at the Southwesterly corner of Block 112 of Original Town of Fort Worth in Tarrant County, Texas at the intersection of the Northerly line of present Eighth Street and the Easterly line of Main Street and then run South 30 degrees East along the said Easterly line of Main Street 18-02/100 feet to the Northerly side or back of a curb; THENCE along the said back of curb: North 62 degrees 44 minutes East 8-31/100 feet to the beginning of a curve to the left with a radius of 6 feet; Then along said curve to the left 6-05/100 feet to its end and the beginning of a curve to the right with a radius of 5-25/100 feet; Then along said curve to the right 5-03/100 feet to its end;North 59 degrees 53 minutes 14 seconds east 45-25/100 feet to the beginning of a curve to the right with a radius of 6-08/100 feet; Then along said curve to the right 6-37/100 feet to its end and the beginning of a curve to the left with a radius of 6-10/100 feet; Then along said curve to the left 6-38/100 feet to its end;North 59 degrees 59 minutes 19 seconds East 54-32/100 feet to the beginning of a curve to the left with a radius of 6 feet; Then along said curve to the left 6-28/100 feet to its end and the beginning of a curve to the right with a radius of 6 feet;Then along said curve to the right 6-29/100 feet to its end; Then North 59 degrees 59 minutes 18 seconds East, passing the end of said curb and continuing in all 44 feet to the beginning of a curve to the right with a radius of 5-25/100 feet; THENCE along said curve to the left 6-05/100 feet to its end; THENCE North 57 degrees 19 minutes 50 seconds East 8-19/100 feet to the Westerly line of Commerce Street; THENCE South 30 degrees East,along the said Westerly line of Commerce Street,42-02/100 feet to the Northeasterly corner of Block 115 of said Original Town of Fort Worth; THENCE South 60 degrees no minutes 10 seconds West, along the Northerly line of said Block 115 and the Southerly line of Eighth Street,200 feet to the Northwesterly corner of said Block 115 and the said Easterly line of Main Street; THENCE North 30 degrees West, along the said Easterly line of Main Street, 42 feet to the Place of Beginning and Containing 8,774 square feet,more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 5: (Leasehold Estate) STREETS ADJACENT TO THE SEIBOLD TRACT BEING that one-half(1/2) portion of Eighth Street, Main Street, Seventh Street and Commerce Street which adjoins the Hotel Texas Tract and the TESCO Office Tract, described in the deed to New Fort Tower I Hotel Limited Partnership recorded in Volume 14606, Page 515 of the Deed Records of Tarrant County, Texas and described by metes and bounds as follows: BEING the one-half (1/2) portion of Seventh Street and Commerce Street which adjoins the Seibold tract, more particularly described by metes and bounds as follows: BEGINNING at the Northeasterly corner of said Block 112 of the intersection of the South line of said Seventh Street and the West line of Commerce Street; THENCE South 30 degrees East, along the Easterly line of said Block 112 and the said Westerly line of Commerce Street, 100 feet to the common East corner of Lots 12 and 13 in said Block 112; THENCE North 60 degrees East 39-97/100 feet to the middle of Commerce Street; THENCE along the said middle of Commerce Street; North 29 degrees 59 minutes 30 seconds West 99-99/100 feet; North 29 degrees 59 minutes 04 seconds West 29-96/100 feet to the middle of Seventh Street; THENCE along the middle of Seventh Street; South 60 degrees 02 minutes 59 seconds West 39-98/100 feet; South 60 degrees no minutes 38 seconds West 100-01/100 feet; THENCE South 30 degrees East 30-01/100 feet to the North line of said Block 112 and the Southerly line of said Seventh Street at the common North corner of Lot 8 and 16 in said Block; THENCE North 60 degrees East, along the said North line of Block 112 and the said Southerly line of Seventh Street, 100 feet to the Place of Beginning and Containing 8,195 square feet, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 6: Intentionally deleted. TRACT 7: (Leasehold Estate) Leasehold Estate as created in Lease Agreement executed by and between The City of Fort Worth and Hunt Hotel/Fort Worth, Ltd., dated April 30, 1980, filed March 25, 1981, and recorded in Volume 7093,Page 1644 and as affected by instrument recorded in Volume 11619,Page 2097 and Volume14606, Page 517, Real Property Records, Tarrant County, Texas. Said property being described as follows: (1) THE SUBSURFACE PARKING GARAGE LOCATED BELOW THE FOLLOWING DESCRIBED PROPERTY: The Easterly 1/2 of Block 114 of Original Town of Fort Worth in Tarrant County, Texas; and embracing Lots 9 through 16 in said Block and the Easterly 1/2 of the alley adjoining said lots on the West and being the three tracts described in the deeds to the City of Fort Worth recorded in Volume 6892,Page 1350, Volume 6868, Page 1718 and Volume 6834,Page 2190,of the Tarrant County Deed Records, described by metes and bounds as follows: Beginning at the Southeasterly corner of said Block 114 at the intersection of the Westerly line of Main Street and the Northerly line of Ninth Street; Thence South 60 degrees West, along the Southerly line of said Block 114 and the said Northerly line of Ninth Street, 100 feet to a point for comer in the middle of an alley; Thence North 30 degrees West,along the middle of said alley,adjoining Lots 9 through 16 on the West, 200 feet to the Northerly line of said Block 114 and the Southerly line of Eighth Street; Thence North 60 degrees East, along the said Northerly line of Block 114 and the said Southerly line of Eighth Street, 100 feet to the Northeasterly corner of said Block 114 and the said Westerly line of Main Street; Thence South 30 degrees East,along the Easterly line of said Block 114 and the said Westerly line of Main Street, 200 feet to the Place of Beginning and Containing 20,000 square feet,more or less. 2) A part of Block 115 of Original Town of Fort Worth in Tarrant County, Texas; and embracing all of Lots 5, 6, 7, 8, 13, 14, 15 and 16 and a portion of Lots 1, 2, 3 and 4 in said Block, described by metes and bounds as follows: Beginning at the Northeasterly corner of said Block 115 for the intersection of the Southerly line of Eighth Street and the Westerly line of Commerce Street and from which a tack set in a lead plug bears north 30 degrees West 5 feet and North 60 degrees East 5-4/10 feet; Thence South 30 degrees East, along the Easterly line of said Block 115, along the Easterly line of Lots 16, 15, 14 and 13 for the said Westerly line of Commerce Street, 100 feet to the common East corner of Lots 13 and 12 from which a tack set in lead plug bears north 60 degrees East 5- 4/10 feet; Thence South 60 degrees West, along the common line of said Lots 13 and 12, a distance of 100 feet to the common corner of Lots 4, 5, 12 and 13; Thence South 30 degrees East,along the common line of said Lots 12 and 4,a distance of 9-33/100 feet; Thence South 60 degrees West 4-50/100 feet; Thence South 30 degrees 01 minutes 44 seconds East,through Lots 4,3,2 and 1,a distance of 90- 67/100 feet to the Southerly line of Lot 1 and said Block 115 in a Northerly line of Ninth Street from which a tack set in lead plug bears South 30 degrees 01 minute 44 seconds East 3 feet; Thence South 60 degrees West, along the said Southerly line of Lot 1 and Block 115 and the said Northerly line of Ninth Street, 95-55/100 feet to the Southwesterly corner of said Block 115 for the intersection of said Northerly line of Ninth Street and the Easterly line of Main Street from which a tack set in a lead plug bears South 30 degrees East 3 feet and South 60 degrees West 5 feet; Thence North 30 degrees West,along the Westerly line of Lots 1 through 8 and the Westerly line of said Block 115 for the said Easterly line of Main Street,200 feet to the Northwesterly corner of said Block 115 for the intersection of the said Easterly line of Main Street and the said Southerly line of Eighth Street from which a tack set in a lead plug bears South 60 degrees West 5 feet and North 30 degrees West 5 feet; Thence North 60 degrees East,along the Northerly line of Lots 8 and 16 and the Northerly line of said Block 115 for the said Southerly line of Eighth Street, 200 feet to the Place of Beginning and Containing 29,594 square feet,more or less. (3)The subsurface portion of Main Street between Block 114 and Block 115 of the Original Town of Fort Worth in Tarrant County,Texas being South of the South right of way line of Eighth Street and North of the North right of way line of Ninth Street. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 8: (Easement Estate) COLUMN EASEMENT TRACT BEING all of that portion of Eighth Street described in the deed to Fort Tower I Associates Hotel Limited Partnership recorded in Volume 11619,Page 2064 of the said Deed Records and described by metes and bounds as follows: PARCEL 1 - ENTRANCE COLUMN -EAST END Part of Eighth Street between Main Street and Commerce Street and Blocks 112 and 115 of Original Town of Fort Worth in Tarrant County, Texas; COMMENCE at the Southeast corner of said Block 112 and then run South 30 degrees East 44- 98/100 feet and then North 60 degrees East 0-40/100 of a foot to the Northeast and beginning corner of the tract being described; THENCE South 30 degrees East 5-46/100 feet; THENCE South 60 degrees West 2 feet; THENCE North 30 degrees West 5-46/100 feet; THENCE North 60 degrees East 2 feet to the Place of Beginning and Containing 10-9/10 square feet, more or less. PARCEL 2 - ENTRANCE COLUMN - WEST END Part of Eighth Street between Main Street and Commerce Street and Blocks 112 and 115 of Original Town of Fort Worth in Tarrant County, Texas. COMMENCE at the Southwesterly corner of said Block 1 l2 and then run South 30 degrees East 44-09/100 feet and then North 60 degrees East 0-29/100 of a foot to the Northeast and beginning corner of the tract being described; THENCE North 60 degrees East 2 feet; THENCE South 30 degrees West 5-46/100 feet; THENCE South 60 degrees West 2 feet; THENCE North 30 degrees West 5-46/100 feet to the Place of Beginning and Containing 10-9/10 square feet, more or less. PARCEL 3 - CANOPY SUPPORT COLUMN ENCROACHMENT Part of Eighth Street between Main Street and Commerce Street and Block 112 and 115 of Original Town of Fort Worth in Tarrant County, Texas; COMMENCE at the Northwesterly corner of said Block 115 at the intersection of the Easterly line of Main Street and the Southerly line of Eighth Street and then run North 60 degrees no minutes 10 seconds East along the Northerly line of said Block 115 and the Southerly line of Eighth Street, 73-61/100 feet and then North 30 degrees no minutes 41 seconds West 2-2/10 feet to the Southwest and beginning corner of the tract being described; THENCE North 30 degrees no minutes 41 seconds West 4-5/10 feet; THENCE North 60 degrees no minutes 10 seconds East 53-91/100 feet; THENCE South 30 degrees no minutes 41 seconds East 4-5/10 feet; THENCE South 60 degrees no minutes 10 seconds West 53-91/100 feet to the Place of Beginning and Containing 242-6/10 square feet in which six 2-5/10 feet by 2-5/10 feet concrete columns are located. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 9: (Easement Estate) THE TUNNEL PROPERTY A portion of Eighth Street in the City of Fort Worth in Tarrant County, Texas commencing approximately 1.5 feet under the surface of such portion of Eighth Street and being approximately 12 feet in depth, such portion of Eighth Street being described in the deed to Fort Tower 1 Associates Hotel Limited Partnership recorded in Volume 11619, Page 2064 of the Deed Records of Tarrant County, Texas being more particularly described by metes and bounds as follows: COMMENCING at the Southwest corner of Block 112 of Original Town of Fort Worth in Tarrant County,Texas and being for the Easterly line of Main Street and the Northerly line of Eighth Street and then run North 60 degrees East along the Southerly line of said Block 112 and the said Northerly line of Eighth Street 6-68/100 feet to the place of beginning; THENCE North 60 degrees East, continuing along the Southerly line of said Block 112 and the said Northerly line of Eighth Street,24-26/100 feet; THENCE South 30 degrees East 60-02/100 feet to the Northerly line of said Block 115 of Original Town of Fort Worth in Tarrant County, Texas and the Southerly line of said Eighth Street; THENCE South 60 degrees West, along the said Northerly line of said Block 115 and the said Southerly line of Eighth Street, 24-26/100 feet; THENCE North 30 degrees West 60-02/100 feet to the Place of Beginning and Containing approximately 1,456 square feet, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 10: (Easement Estate) CANOPY EASEMENT TRACT BEING part of Eighth Street between Main Street and Commerce Street and Blocks 112 and 115 of Original Town of Fort Worth in Tarrant County, Texas as described in the deed to Fort Tower I Associates Hotel Limited Partnership recorded in Volume 11619,Page 2064 of the Deed Records of Tarrant County, Texas and described by metes and bounds as follows: COMMENCE at the Southwesterly corner of said Block 112 and then run: South 30 degrees East along the Easterly line of said Main Street 18-02/100 feet to the Northerly side or back of a curb and then along the said back of curb North 62 degrees 44 minutes East 8- 31/100 feet to the beginning of a curve to the left with a radius of 6 feet; Then along said curve to the left 6-05/100 feet to its end and the beginning of a curve to the right with a radius of 5-25/100 feet; Then along said curve to the right 5-03/100 feet to its end; North 59 degrees 53 minutes 14 seconds East 45-25/100 feet to the beginning of a curve to the right with a radius of 6-08/100 feet; Then along said curve to the right 6-37/100 feet to its end and the beginning of a curve to the left with a radius of 6-10/100 feet; Then along said curve to the left 6-38/100 feet to its end for the Northwest and beginning corner of the tract being conveyed; THENCE South 30 degrees no minutes 41 seconds East 40-42/100 feet to the North line of Block 115 in said Original Town of Fort Worth and the Southerly line of said Eighth Street, from which the Northwesterly corner of Block 115 bears South 60 degrees no minutes 10 seconds West, 73- 61/100 feet; THENCE North 60 degrees no minutes 10 seconds East, along the said Northerly line of Block 115 and the Southerly line of Eighth Street, 53-91/100 feet; THENCE North 30 degrees no minutes 41 seconds West 40-43/100 feet to the said back of a curb; THENCE South 59 degrees 19 minutes 19 seconds West, along said back of curb 53-91/100 feet to the Place of Beginning and Containing 2,179 square feet,more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. TRACT 11: Intentionally deleted.