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HomeMy WebLinkAboutContract 63857CSO. No. 63857 DRAINAGE CHANNEL MAINTENANCE ESTOPPEL CERTIFICATE DON VALK AND BLAIR VALK, as tenants -in -common ("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 6800 N. Blue Mound Road, Fort Worth, Texas 76131 (the "Property") as more particularly described in Exhibit "A" attached hereto. The Property is subject to that certain Drainage Channel Maintenance Agreement, dated October 9, 2020, recorded in the real property records of Tarrant County, Texas, Instrument No. D220263141, as amended by that certain Amendment to City Secretary Contract No. 54659, Stormwater Facility Maintenance Agreement, dated October 13, 2021, recorded in the real property records of Tarrant County, Texas, Instrument No. D221309319 (as amended 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 therein; 3. Seller has represented to 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 DRAINAGE CHANNEL MAINTENANCE ESTOPPEL CERTIFICATE 1 Executed this 27th day of August 2025. CITY OF FORT WORTH Jesica McEachern Assistant City Manager City of Fort Worth Date: 08/25/2025 Approved as to Form and Legality: M. Kevin Anders, 11 M. Kevin Anders, 11 (Aug 22, 2025 13:01:49 CDT) M. Kevin Anders, II Assistant City Attorney Date: 08/22/2025 ATTEST: Jannette S. Goodall City Secretary Date: 08/25/2025 vunu a �o� pORT �;9�P0 O I.g POo °Sd PaaIIb nEX 454go 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 DRAINAGE CHANNEL MAINTENANCE ESTOPPEL CER IFI ATE 2 Exhibit "A" Legal Description Being Lot 2, Block A, of BLUE CENTER ADDITION, an Addition to the City of Fort Worth, Texas, according to the plat thereof recorded in cc# D220307772, Real Property Records, Tarrant County, Texas. Signature: ` Srov Email: allison.tidwell@fortworthtexas.gov DRAINAGE CHANNEL MAINTENANCE ESTOPPEL CERTIFICATE FORTWORTH Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: Stormwater Facility Maintenance Agreement Estopped Agreement - 6800 N. Blue Mound Road 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 Contract Compliance 08/20/2025 Manager TPW- Initial ,. 08/21/2025 TPW- Initial 08/21/2025 TPW- Signatures 08/22/2025 Legal- Signature VA" 08/22/2025 CMO- Signature 08/25/2025 Approver 08/25/2025 CSO- Signature 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.