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HomeMy WebLinkAboutContract 53157-EC1 Date Received: 02/09/2021 City Secretary Time Received: 3:46pm Contract No.: 53157-EC1 ESTOPPEL CERTIFICATE Washko Boat Road, L.L.C. (together with its successors and/or assigns, "Purchaser") 5623 S. 3181h Court Auburn, Washington 98001 Attention: Chris Washko Re: Property commonly known as 4701 Boat Club Road, Fort Worth, Texas the"Proper Stormwater Facility Maintenance Agreement dated December 4,2019,executed by Katie's Express Carwash, LLC and the City of Fort Worth, recorded on December 6, 2019 under Cleric's File No. D219280539 of the Real Property Records of Tarrant County,Texas(the "Agreement"). Defined terms used herein and not otherwise defined shall have the meaning assigned to them in the Agreement. Ladies and Gentlemen: The undersigned understands that Purchaser contemplates acquiring the Property from Katie's Express Carwash, LLC ("Seller"). As a condition to such purchase, you have requested that the City of Fort Worth ("C ")certify to certain matters. City hereby certifies to Purchaser and Seller that, as of the date of this Estoppel Certificate (this "Certificate"): 1. The Agreement is valid,enforceable,and in full force and effect and has not been modified, supplemented, amended,terminated or superseded except as expressly set forth above. 2. The Facility has been constructed in accordance with the Agreement. 3. There are no unpaid fees, costs or liens owed by Seller to City under the terms of the Agreement. 4. There is no existing default under, breach or violation of the covenants, restrictions, or other terms in the Agreement by Seller,any other party or the Property, and no circumstance exists which, with notice or the passage of time, would constitute such a breach, violation or default. The undersigned acknowledges that Purchaser, Purchaser's lender (Fidelity Bank) and Seller will rely on the certifications contained herein in completing the sale/purchase of the Property. Each individual executing this Certificate represents and warrants that such individual has been duly and validly authorized to do so. This Certificate will benefit Seller and Purchaser, as well as their respective successors and assigns,and Purchaser's lender(Fidelity Bank),and will be binding on the undersigned and their respective successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] OFFICIAL RECORD Page I PAGE } of CITY SECRETARY FT.WORTH,TX 4th WITNESS WHEREOF, the undersigned has executed this Estoppel Certificate this day of February - — —2021. City: Licensee: CITY OF FORT WORTH KATIE'S EXPRESS CARWASH,LLC Dana BUYGfhdO Z, By:Dana Burghdoff reb4,202121:33CST) B • J Dana Burghdoff Name: L_ Assistant City Manager Title: Date: 2/4/21 Date: 41 FORT ad �. 00000000 o0L�d 0 00 00 ATTEST: go 00=�o Approved As To Form and Legality o 00000000o a for Ronald P. Gonzales zj nEX il! 44 - E. for Ronald P.Gonzales(Feb 8,202110:31 CST) Cn,, Mary Kayser,City Secretary Christa Reynolds, Sr. Asst. City Attorney City Secretary's Office City Attorney's Office 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. Janie S. Morales, Department Manager Development Services OFFICIAL RECORD Page ( PAGE ) of 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 �Q S , on this day personally appeared{FO TE },Y2RMTEXT } (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Katie's Express Carwash, LLC, a Domestic Limited Liability Company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this LITy\ day of 20_ �\ I Y""' ELIZABETH ALVAREZ .5 O.•''. .�;Notary Public, State of Texas Notary Public in and for the ' Comm. Expires 02-24-2021 Notary 10 126815712 State of OFFICIAL RECORD Page { PAGE } of CITY SECRETARY FT.WORTH,TX WiTIM e " 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 5th day of February 20 21 . Digitally signed by <PaVP�s LAURIE PEQUENO LEWIS LAURIE LAURIE PEQUENO LEWIS a°O� Notary Public • • STATE OF TEXAS PEQUENO LEWIS Date:2021.02.05 ey Notary I.D. 132278952 11:48:35-06'00' "'k°F My Comm. Exp. Dec. 10,2023 Notary Public in and for the State of Texa After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD Page { PAGE } of CITY SECRETARY FT.WORTH,TX