HomeMy WebLinkAboutContract 36785-CA3 IONTiAcT No.adISY93
SEP -120% ASSIGNMENT OF TAX ABATEMENT AGREEMENT
CITY OF FORT WORTH
CITY SECRETARY This Assignment of Tax Abatement Agreement is made and entered into
by and between Impression Homes, L.L.C., ("Assignor") and Hussein Dayo Ahmed,
("Assignee") and the City of Fort Worth, ("City")
RECITALS
A. Waterview Estates, L.P., Pars Investment, Inc., General Partner ("Waterview")
and the City of Fort Worth, Texas (the "City") entered into that certain Tax
Abatement Agreement ("Agreement") for Property Located 5561 Thunder Bay
Drive; Lot 6; Block 3; Waterfront at Enchanted Bay; an Addition to the City of
Fort Worth, Tarrant County, Texas, according to the plat recorded and filed in
Cabinet A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property")
which is located in the Lake Arlington Neighborhood Empowerment Zone, such
Agreement approved by the City Council of Fort Worth November 6, 2007, City
Secretary Contract Number 36785 ("Agreement"):
B. Section 5 of the Agreement permits Waterview to assign all of its rights under the
Agreement to CTMGT Waterview Estates FL-1, LLC ("CTMGT"), without
obtaining the prior consent of the City Council, such Agreement is dated
September 27, 2013, City Secretary Contract Number 36785-CAL
C. Section 5 of the Agreement permits CMGT to assign all of its rights under the
Agreement to Impression Homes, L.L.C. ("Impression"), without obtaining the
prior consent of the City Council:
D. CMGT assigned the Agreement to Impression (Assignor), such Agreement is
dated September 13, 2015, City Secretary Contract Number 36785-CA2:
E. Section 5 of the Agreement permits Assignor to assign all of its rights under the
Agreement to.Assignee, without obtaining the prior consent of the City Council:
F. Pursuant to that certain Special Warranty Deed dated as of June w 2016,
recorded under Tarrant County Deed Records, Assignor conveyed the Property to
Hussein Dayo Ahmed and Assignee acquired title to the real property which is the
subject of the Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms and conditions herein
contained and other good and valuable consideration, the receipt and sufficiency of whic '—` ��are hereby acknowledged, the parties hereby agree as follows: —�,�
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1.
Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS at ® ren
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rights, duties, obligations, title and interest under the Agreement to Assignee. m
Assignment of Tax Abatement Contract# 36785-CA2
from Impression Homes, LLC, to Hussein Dayo Ahmed.
1
2. Acceptance. Assignee hereby accepts the Assignment granted herein, and assumes
all of Assignor's rights, duties and obligations arising under the Agreement.
3. Effective Date. The effective date of this Assignment is June z�2016, ("Effective
Date"). All rights, duties and obligations under the Agreement arising, accruing or
relating to the period before the Effective Date are allocated to Assignor and all
rights, duties and obligations arising, accruing or relating to the period thereafter
shall be allocated to Assignee.
4. Release and Surrender of Assi nor. Except as otherwise expressly set forth in this
Assignment, Assignor will be discharged from any and all further obligations under
the Agreement as of the Effective Date. Assignor must surrender the Property to
the Assignee on or before 11:59 p. in. on the date prior to the Effective Date in its
present condition. Assignor relinquishes any right to any improvements, fixtures or
equipment on the Property.
5. Representations. Assignor represents, warrants and covenants with Assignee that
as of the Effective Date, that Assignor is not in default under any of its obligations
contained in the Agreement.
6. City of Fort Worth's Consent. City of Fort Worth hereby consents to this
Assignment upon the terms and conditions set forth herein. Unless and until City of
Fort Worth has executed this Assignment, this Assignment is of no effect the
consent granted herein should not be construed as consent to any further assignment
except as provided in the Agreement. The failure or delay of City of Fort Worth in
seeking to enforce any provisions of the Agreement or this Assignment should not
be deemed a waiver of rights or remedies that City of Fort Worth may have, or a
waiver of any subsequent breach of the terms and provisions therein or herein
contained.
7. Notices. Any notice given by any party to another party hereto must be given in
the manner required under the Agreement. The addresses set forth below
supercede any addresses for notices set forth in the Agreement.
CITY OF FORT WORTH:
City of Fort Worth
Neighborhood Services Department
Neighborhood Empowerment Zone Program
1000 Throckmorton
Fort Worth, Texas 76102
ASSIGNOR: ASSIGNEE:
Impression Homes, L.L.C. Hussein Dayo Ahmed
P.O. Box 92726 5561 Thunder Bay Drive
Southlake, Texas 76092 Fort Worth, Texas 76119
Assignment of Tax Abatement Contract# 36785-CA2
from Impression Homes, LLC, to Hussein Dayo Ahmed.
2
8. Successors. Except as herein otherwise provided, this Assignment will be binding
upon and inure to the benefit of the parties, and their respective heirs, executors,
administrators,successors and assigns.
9. Counterparts. This Assignment may be executed in multiple counterparts, each of
which, once executed, will be an original and fully-binding on the parties so
executing; and all such counterparts together constitute one and the same
agreement.
10. Binding Offer, This Assignment will be not be binding until executed and
delivered by all three parties.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the
date first above wri
ASSIGNOR:Impr (, .L.
Name: B
Title: aem em er
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day persolally appeared Br"@.— f'
of Impression Homes, L.L.C.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, in the
capacity therein stated and as the act and deed of the Impression Homes,L.L.C. a Texas
limited liability company.
c� GIVEN UNDER MY D SEAL OF OFFICE this 3n day of
016.
N ary Pu is in and r
t eSta of Texas ��`„11YPV''�� BRANDON JACKSON
Notary Public, State of Texas
ASSIGNEE:Hussein Dayo Ahmed Comm,
Notary 12656174920
Y
Name: Hussea o Ahmed
Assignment of Tax Abatement Contract#36785-CA2
from Impression Homes,LLC,to Hussein Dayo Ahmed.
3
8. Successors. Except as herein otherwise provided, this Assignment will be binding
upon and inure to the benefit of the parties, and their respective heirs, executors,
administrators, successors and assigns.
9. Counterparts. This Assignment may be executed in multiple counterparts, each of
which, once executed, will be an original and fully-binding on the parties so
executing; and all such counterparts together constitute one and the same
agreement.
10. Binding Offer. This Assignment will be not be binding until executed and
delivered by all three parties.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the
date first above written.
ASSIGNOR: Impression Homes, L.L.0
Name: Bruce Heikkinen
Title: Managing Member
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned uthority, on this day personally appeared Bruce
Heikkinen, Managing Membe of Impression Homes, L.L.C.known to me to be the
person whose name is subs ed to the foregoing instrument, and acknowledged to me
that he executed the sa for the purposes and consideration therein expressed, in the
capacity therein state nd as the act and deed of the Impression Homes, L.L.C. a Texas
limited liability co any.
GIV UNDER MY HAND AND SEAL OF OFFICE this day of
2016.
Notary Public in and for
the State of Texas
ASSIGNEE: Hussein Dayo Ahmed
465c'M 69 4�'e4
Name: Hussein 15qyo Ahmed
Assignment of Tax Abatement Contract# 36785-CA2
from Impression Homes, LLC, to Hussein Dayo Ahmed.
3
CITY OF FORT WORTH
��LI
Fernando Costa
Assistant City Manager
ATTEST:
o
ry K s �fc§eWetary '•y '� ,u�
APPROVED AS TO FORM AND LEGALITY:
at 06'� d
Melinda Ramos
Sr. Assistant City Attorney
M& C: C-22514
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Hussein Dayo
Ahmed, 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, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30 day of
twnc , 2016.
otary P lic in and for
the St of Texas BRANDON JACKSON
_2,•' ��=Notary Public,State of Texas
a JANJ �= Comm.Expires 06-24-2020
ice:: `••P`�
Notary ID 126567749
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OFFICIAL RECORD
CITY SECRETARY
Assignment of Tax Abatement Contract# 36785-CA2 f ' vv®RTH� TX
from Impression Homes, LLC, to Hussein Dayo Ahmed. _
4
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a municipal
corporation, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the said
CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized
to perform the same by appropriate Mayor and Council Communication of the City
Council of the City of Fort Worth and that he executed the same as the act of the said
City for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
f' , 2016.
Notary Publi in and f
the State of Texas
E,'
TRIKINYA L JOHNSON
Notary Public,state of Texas
Comm. Expires 04-17-2018
Notary ID 1238832-0
IIIII
OFFICIAL j
CITY SEC
FT. WOR
Assignment of Tax Abatement Contract# 36785-CA2
from Impression Homes, LLC,to Hussein Dayo Ahmed.
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nA&C Review
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COUNCIL ACTION: Approved As Amended on 11/6/2007
DATE: 11/6/2007 REFERENCE C-22514 LOG NAME: 05ENCHANTEDBAY
NO..
NON- PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Five Year Tax Abatement Agreement with Waterview Estates,
L.P., a Texas Limited Partnership, and Woodhaven Homes, L.P., a Texas Limited
Partnership, Located in the Lake Arlington Neighborhood Empowerment Zone
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a five year Tax Abatement Agreement with Waterview
Estates, L.P., a Texas Limited Partnership, and Woodhaven Homes, L.P., a Texas Limited
Partnership, located in the Lake Arlington Neighborhood Empowerment Zone; and
2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with
Waterview Estates, L.P., and Woodhaven Homes, L.P., are true and correct.
DISCUSSION:
Waterview Estates, L.P., and Woodhaven Homes, L.P., are the owners/developers of the 118
properties listed in Exhibit "A". This real property is located in the Lake Arlington NEZ and
Neighborhood Empowerment Reinvestment Zone (NERZ No. 16). Waterview Estates, L.P. and
Woodhaven Homes, L.P. have applied for a five-year municipal property tax abatement under the
NEZ Tax Abatement Policy and Basic Incentives (M&C G-14947), as amended. The NEZ
Program offers a five-year municipal property tax abatement on the increased value of
improvements to the qualified owner of any new construction within a NEZ. The Housing
Department has reviewed the application and certified that the property meets the eligibility criteria
to receive NEZ municipal property tax abatement.
Waterview Estates, L.P., and Woodhaven Homes, L.P., will invest a minimum of$15,200,000.00
to construct 118 single-family homes in the Lake Arlington NEZ. In order for Woodhaven Homes,
L.P., or any other developer or builder approved by the City Manager or his designee to qualify for
the tax abatement, they must construct homes with a minimum of 1200 square feet of living space
with at least three bedrooms, one and one-half baths and 70% mortared brick which will appraise
for a minimum of$100,000.00. A more detailed description of the homes to be constructed and
http://apps.cfivnct.org/council_packet/mc review.asp?ID=8145&councildate=11/6/2007[09/19/2013 3:35:54 PM]
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P,4&C Review
sample drawings are attached as Exhibit "B". The Agreement is attached as Exhibit "C".
Upon execution of the tax abatement agreement, the total assessed value of each home used for
calculating municipal property tax will be frozen for a five-year period, starting on the date the
home is sold to a homebuyer to be used as a primary residence, at the pre-improvement value as
defined by the Tarrant Appraisal District (TAD) on January 1, 2007, as follows:
Pre-improvement TAD Value of Improvements $ 0.00
Pre-improvement Estimated Value of Land $2,025.00
Total Pre-improvement Estimated Value $ 2025.00
The municipal property tax on the improved value is estimated at $550.00 per house, per year, for
a total of
$2,750.00 over the five-year period for each house. However, this estimate may be different from
the actual tax abatement value, which will be calculated based on the TAD appraised value of the
property.
The tax abatement agreement provides that the agreement may be assigned without subsequent
City Council approval to Woodhaven Homes, L.P., or another builder approved by the City
Manager or his designee or the developer's first mortgage, or to a homebuyer who will use the
required improvements as his/her primary residence, or to the homeowner's mortgagee. All other
assignments must be approved by City Council. The agreement also provides that the failure of
the owner to send the City notification of the sale of the required improvements and the executed
assignment of the agreement with the new owner within 30 days of the transfer of ownership of the
required improvements shall result in the automatic termination of the Agreement.
This property is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale Fisseler (6140)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Sarah Odle (7316)
http://apps.cAvnet.org/council_packet/mc review.asp?ID=8145&councildate=11/6/2007[09/19/2013 3:35:54 PM]