HomeMy WebLinkAboutContract 47019-EC1Date Received: 12/13/2024
Time Received: 4: 0 0 p.m.
December" , 2024
City Secretary No.: ' 47019-ECI
ESTOPPEL CERTIFICATE
To: GMRE FT WORTH LLC, a Delaware limited liability company, and GMRE
HIGH POINT LLC, a Delaware limited liability company (collectively, "Buyer")
and First -Citizens Bank & Trust Company, as administrative agent on behalf of
itself and certain other lenders (individually and collectively, "Lender"), together
with their respective successors, nominees, and assigns
Re: Easement Encroachment License Agreement
To Whom It May Concern:
Reference is hereby made to that certain Easement Encroachment License Agreement
recorded September 17, 2015 under Clerk's File No. D215218069 in the Official Public Records
of Tarrant County, Texas, as affected by the Assignment of Encroachment Agreement recorded
March 12, 2018 under Clerk's File No. D218055810 between The City of Fort Worth ("City") and
GMR Fort Worth, LLC, a Delaware limited liability company (as successor -by -assignment to
Spelunker Properties VI, LLC, a Texas limited liability company) ("Licensee") (as the same may
be further modified from time to time, the "Easement Agreement"). Unless otherwise indicated,
all capitalized terms used herein shall have the same meanings as set forth in the Easement
Agreement.
Buyer will enter into that certain Agreement of Purchase and Sale with GMR High Point,
LLC, a Delaware limited liability company, and GMR Forth Worth, LLC, a Delaware limited
liability company (collectively, "Seller"), dated on or about December 2, 2024 (as it may be
amended from time to time, the "Purchase Agreement"), pursuant to which Buyer may acquire
from Seller that certain real property located at 9509 North Beach Street, Fort Worth, Texas 76244
(the "Property").
Concurrently with the closing of the sale transaction under the Purchase Agreement,
Stewart Title Guaranty company (the "Title Company") will issue an Owner's Policy for Title
Insurance to Buyer with regard to the Property (the "Title Policy").
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
In connection therewith, the undersigned hereby certifies, represents, and affirms to Buyer,
Lender, and the Title Company as follows:
1. The Easement Agreement is in full force and effect and has not been amended,
modified or supplemented except as noted above.
2. There exists no default under, violation of, or failure to comply with the Easement
Agreement on the part of Licensee or the Property and no event or circumstance has occurred or
exists which, with the giving of notice or the passage of time, or both, would constitute a default
under the Easement Agreement by Licensee or the Property.
3. The required proof of insurance has been provided to City and Licensee is in
compliance with all insurance obligations with respect to the Property under the Easement
Agreement, including, without limitation, the submission of such proof of insurance on an annual
basis.
4. The Property, including the improvements constructed thereon and the existing use
thereof, are in compliance with the Easement Agreement.
5. All amounts due and owing under the Easement Agreement with respect to the
Property, including, without limitation, all fees, taxes, or rentals, have been paid current.
6. No legal action has been instituted by the undersigned against the Licensee or the
Property.
7. The person signing this Estoppel Certificate has all requisite authority to execute
this Estoppel Certificate on behalf of the undersigned.
The undersigned acknowledges that Buyer, Lender and the Title Company (and any co-insurers or
re -insurers), each of their respective successors and assigns in title, are relying on the information
contained in this Estoppel Certificate in connection with the acquisition of the Property by Buyer
and the issuance of the Title Policy by the Title Company, respectively.
[SIGNATURE APPEARS ON FOLLOWING PAGE]
[SIGNATURE PAGE TO EASEMENT ESTOPPEL CERTIFICATE]
EXECUTED this 13th dayof December
CITY:
City:
CITY OF FORT WORTH
BY: Dalton Harrell lPec 13, 202408:33 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Dec 13, 2024
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Jannette Goodall
City Secretary
Date: Dec 13, 2024
, 2024.
Approved As To Form and Legality
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Matthew Murray
Sr. Assistant City Attorney
Date: Dec 12, 2024
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.
Rebecca Diane Owen (Dec 12, 202416:55 CST)
Rebecca Owen
Development Services
Date: Dec 12, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
11: i.Y J l!i �l�J ;may II 11'I&IJ N QLIJ !'A NL Uj to tl :Dl1}.�D1�►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 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 13th day of December,
2024
W elv6l Eead 14ee
Wendy Beard3%e (Dec 13, 202414:33 CST)
Notary Public in and for the State of Texas
o�p�tYA�WENDY L BEARDSLEE
a Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025 '