HomeMy WebLinkAboutContract 63153Date Received: 4/23/2025 Record Number: PN25-00017
Time Received: 4' 15 p.m. City Secretary No.: 63153
ESTOPPEL CERTIFICATE
CSC 52491
THIS ESTOPPEL CERTIFICATE ("Certificate") is made this 23rd day ofA pri l ,
2025, by The City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas
("Citv").
WITNESSETH:
WHEREAS, City is the party responsible for enforcing that certain Easement
Encroachment License Agreement, by and between the City and Seller (defined below), as
licensee, recorded on July 3, 2019, as Document Number 2019-144734 in the Official Records of
Denton County, Texas (the "Agreement");
WHEREAS, NEXMETRO RESERVE, LP, a Texas Limited Partnership (the "Seller"), is
the current owner of certain real property subject to the Agreement, which real property is more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Prouerty");
WHEREAS, Seller intends to sell the Property to CHRISTOPHER TODD HOLDING
LLC, an Arizona limited liability company, and/or its assignee ("Purchaser"); and
WHEREAS, City has been requested to execute this Certificate, and in so doing
acknowledges and agrees that Purchaser will rely upon this Certificate in connection with its
purchase of the Property.
NOW THEREFORE, City hereby certifies, warrants, represents and agrees, as of the date
hereof, as follows:
1) The foregoing recitals are true and correct and incorporated herein by reference.
2) The Agreement is in full force and effect and has not been amended or modified.
3) The Property is in full compliance with all terms, conditions, restrictions, and
obligations set forth in the Agreement as of the date hereof, as they relate to the Property.
4) Seller is not in default in any respect under any terms of the Agreement, nor has
any event occurred or does any condition exist which, with the giving of notice or the lapse of time
or both, will constitute a default by Seller under the Agreement. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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5) City is not in default in any respect under any terms of the Agreement, nor has any
event occurred or does any condition exists which, with the giving of notice or the lapse of time
or both, will constitute a default by City under the Agreement.
6) If any provision of this Certificate is determined to be unenforceable for any reason,
it shall be adjusted rather than voided, to the greatest extent possible, to achieve the intent of the
parties. All of the other provisions shall be deemed valid and enforceable to the greatest extent
possible.
7) This Certificate shall inure to the benefit of Purchaser and Seller, and shall be
binding upon their respective heirs, personal representatives, successors, and assigns of the
undersigned.
8) City, and the person or persons executing this Certificate on behalf of City, have
the power and authority to execute the same.
[Signature Page Follows]
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PH 3891098.1
IN WITNESS WHEREOF, this Certificate has been executed by City as of the date first
written above.
EXECUTED this 23 rd
CITY:
CITY OF FORT WORTH
1Sa.ltrrtz t��e-LG
By: Dalton Harrell (Apr 23, 202512:15 CDT)
day of A p r
D.J. Harrell, Director of the
Development Services Department
Date: Apr 23, 2025
ATTEST:
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Jannette Goodall
City Secretary
, 2025.
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Approved As To Form and Legality
ono o:d
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aa�n� QEAA 4'd�d
Hye Won Kim
Assistant City Attorney
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 Owen
Raharrn nwan (Anr IA, M7r 14-44 CDT)
Rebecca Owen
Development Services
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PH 3891098.1
OFFICIAL RECORD
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 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 this23rd day of April
2025
Notary Public in and for the State of Texas
o�PRYAVe`� WENDY L BEARDSLEE
Notary Public ,
* * STATE OF TEXAS
Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025 `
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PH 3891098.1
EXHIBIT "A"
LEGAL DESCRIPTION
Being Lot 1, in Block A, of AVILLA RESERVE, an Addition to the City of Fort Worth, Denton
County, Texas, according to the Map thereof recorded in cc# 2019-332, of the Map Records of
Denton County, Texas.
Error! Unknown document property name.
PH 3891098.1