HomeMy WebLinkAboutContract 63856CSC. 63856
STORMWATER FACILITY MAINTENANCE ESTOPPEL CERTIFICATE
DON VALx ("Seller"), and HiNEs ACQUISITIONS LLC, a Delaware limited liability
company ("Purchaser"), entered into to that certain Agreement of Sale and Purchase dated effective
June 16, 2025, wherein Seller agreed to sell and Purchaser agreed to purchase that certain real
property located at the 10520 E. Hurst Blvd., Hurst, TX 76053 (the "Pronertv") as more particularly
described in Exhibit "A" attached hereto. The Property is subject to that certain Stormwater
Facility Maintenance Agreement, dated January 6, 2021, recorded in the real property records of
Tarrant County, Texas, Instrument No. D221004994 (the "Maintenance Agreement"). The
undersigned, on behalf of the CITY OF FORT WORTH ("City"), hereby certifies to Purchaser, its
lenders, and their successors and assigns that as of the effective date of this Estoppel Certificate:
1. To City's actual knowledge, the Maintenance Agreement is in full force and effect and
has not been modified, supplemented or amended in any way, except as stated above;
2. To City's knowledge, Seller is in compliance with the inspection reporting
requirements under the Maintenance Agreement for the current year and Seller has
represented to the City that the facilities under the Maintenance Agreement meet the
conditions, obligations and covenants contained in the Maintenance Agreement therein;
3. Seller has represented to the City, through their inspection reporting requirements, that
they are not in default under the Maintenance Agreement and that no event has occurred
or failed to occur, which, with the giving of notice, the passage of time, or both, would
constitute a default thereunder;
4. To City's actual knowledge, no monetary obligations are presently due from Seller
under the Maintenance Agreement.
Notwithstanding the foregoing, nothing in this Estoppel Certificate waives or affects any right the
City may have in the Maintenance Agreement. In the event of a conflict or inconsistency between
the provisions of this Estoppel Certificate and the Maintenance Agreement, the provisions of the
Maintenance Agreement shall govern.
[Signature Page to Follow]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Executed this 27th day of August
CITY OF FORT WORTH
v
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date: 08/25/2025
Approved as to Form and Legality:
-liAnd-,H(A� g21' 13:1191-4 , dc Y
M. Kevin Anders, II
Assistant City Attorney
Date:
08/22/2025
ATTEST:
Jannette S. Goodall
City Secretary
Date: 08/25/2025
2025.
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.
Kevin Farris
Sr. Engineering Technician
Date: 08/20/2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2
Exhibit "A"
Legal Description
Lot 1 R213, Block 2 of VALLEY VISTA ADDITION, an Addition to the City of Fort Worth, Texas,
according to the Plat thereof recorded in Cabinet A, Slide 11652, Plat Records, Tarrant County,
Texas.
FORTWORTH
Routing and Transmittal Slip
TPW Stormwater Management
DOCUMENT TITLE: Stormwater Facility Maintenance Agreement
Estopped Agreement - 10520 E. Hurst Blvd
M&C: NA CPN NA CSO NA DOC NA
Remarks: Please sign estoppel agreement requested by purchaser discussing currentprivate
drainage facility compliance with SWFMA requirements
1. Kevin Farris, Stormwater Sr
Engineering Technician
2. Stephen Nichols-SWM Prog Mgr
3. Jennifer M. Dyke, Asst. Dir
4. Lauren Prieur, Dir.
5.
Kevin Anders
6.
Jesica McEachern
7.
Katherine Cenicola
8.
Jannette Goodall
9.
Allison Tidwell
DEPARTMENT
INITIALS
DATE
TPW- Signature for
k�
08/20/2025
Contract Compliance
Manager
TPW- Initial
08/21/2025
TPW- Initial
08/21/2025
TPW- Signature
,ao
08/22/2025
Legal- Signature
M�
09/22/2025
CMO- Signature
CP&
08/25/2025
Approver
08/25/2025
CSO- Signature
Ji—
08/25/2025
Form Filler
.-
08/27/2025
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No
ROUTING TO CSO: X Yes ❑ No
Action Required:
❑ As Requested ❑ Attach Signature, Initial and Notary Tabs
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
Return to: Please call Jennifer Dyke at ext. 2714 for questions or concerns. Thank you.