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HomeMy WebLinkAboutContract 30496 ' CITY SECRETARY CONTRACT NO. ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agree is made and entered into by and between Leonel Garcia and wife, Janie Garcia Development ("Assignor") and Frederick R. Krause and wife Jennifer P. Krause, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Leonel Garcia and wife, Janie Garcia and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 1325 6th Avenue ("Property") which is located in the Ridglea Village and Como Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth February 3, 2004 City Secretary Contract Number 29548 ("Agreement"): B. 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: C. Pursuant to that certain Warranty Warranty Deed dated as of June 21, 2004, .. ......... .. recorded under Tarrant County Deed Records, Instrument Number Assignor conveyed the Property to Frederick R. Krause and wife, Jennifer P. Krause 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 which are hereby acknowledged,the parties hereby agree as follows: 1. Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations,title and interest under the Agreement to Assignee. 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 Jun -2L, 2004 ("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. i 4. Release and Surrender of Assignor. 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. m. 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 Housing Department(NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: 1` �'- hick�. Krause anti Jennifer P. Krause I Avenue I North,Texas. 76104 ASSIGNOR: Leonel Garcia and wife, Janie Garcia 5905 Tiffany Court Arlington, Texas 76016 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. 2 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: Lenonel Garcia and wife Janie Garcia s gnature a"(4a "�a/ IGNEE: Frederick R. Krau e and Jennifer P.r�Krause Frederick R. Krause and Jennifer P. Krau , Name: 3 CITY OF FORT WORTH Assistant City Manager ATTEST: City Secretary APPROVED TO FORM AND LEGALITY: Assistant City Attorney M & C: C- /995 STATE OF TEXAS § COUNTY OF TARRANT § RFORE PIE, the undersigned authority, on this day personally appeared -!�)S-J rt , 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 12004, V� Notary Public in and for the State of Texas """ KAREN EDWARDS FISHER c°a:� P'•`- Public,state of Texas Notary Commission Expires = MY Comm LA A7 2008 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Leonel Garcia and wife, Janie Garcia known to me to be the person whose name is subscribed to the foregoing instnunent, 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 Courtney Homes, Inc. nn IVEN UNDER MY HAND AND SEAL OF OFFICE this C C day of ' 2004. Notary Pub ' and for DONNA J. DUNAWAY the State of Te °�° NOTARY PUBLIC of +'y STATE OF TEXAS MY Comm.Exp, 11-04.2007 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ' Frederick R. Krause and Jennifer P. Krause, 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 rDER MY HAND AND SEAL OF OFFICE this;�L?day of ' 2004. � DONNA J. DUNAWAY taryo ;�7 ublic in anr e NOTARY PUBLIC the State of Texas ,, STATE OF TEXAS ''•of�+ My Comm.EXP.11-04-2007 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/3/2004 DATE: Tuesday, February 03, 2004 LOG NAME: 05GARCIA REFERENCE NO.: C-19955 SUBJECT: Approval of Tax Abatement Agreement with Leonel Garcia and Janie Garcia, for a Property Located in the Magnolia Village Neighborhood Empowerment Zone at 1325 6th Avenue RECOMMENDATION: It is recommended that the City Council: 1. Approve a five-year Municipal Property Tax Abatement for a property located at 1325 6th Avenue owned by Leonel Garcia and Janie Garcia in the Magnolia Village Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement (the Agreement) with Leonel Garcia and Janie Garcia are true and correct; and 3. Authorize the City Manager to enter into a Tax Abatement Agreement with Leonel Garcia and Janie Garcia for 1325 6th Avenue in the Magnolia Village NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. DISCUSSION: Leonel Garcia and Janie Garcia are the owners of the property at 1325 6th Avenue (Johnson Subdivision, Block 1, Lot 26). The property is located in the Magnolia Village NEZ and Neighborhood Empowerment Reinvestment Zone (NERZ No. 5). Leonel Garcia and Janie Garcia applied for a five-year municipal property tax abatement under the NEZ Basic Incentives (M&C G-13208R, M&C G-13580, M&C G-13662, and M&C C-19551, as amended). The Housing Department reviewed the application and certified that the property meets the eligibility criteria to receive NEZ municipal property tax abatement. The NEZ Basic Incentives offers a five-year municipal property tax abatement on the increased value of improvements to the qualified owner of any new home constructed within a NEZ. Leonel Garcia and Janie Garcia will invest $100,000.00 to construct a single-family home in the Magnolia Village NEZ. The property is also located in the Fairmount Southside Historic District. The Historic and Cultural Landmarks Commission approved the construction plan at its meeting on November 10, 2003. A description of the home to be constructed is attached as Exhibit "A." The Agreement is attached as Exhibit 11B Upon execution of the Agreement, the total assessed value of improvements used for calculating municipal property tax will be frozen for five years at the most recent pre-improvement value as defined by the Tarrant Appraisal District (TAD). The abatement only applies to the improvement value, not to the land. The term of the abatement shall begin on January 1 of the year following the calendar year in which the required improvement was completed, and unless sooner terminated, shall end on December 31 immediately preceding the fifth anniversary of the beginning date. In January 2004, TAD estimated the pre-improvement value of the property as follows: Logname: 05GARCIA Pagel of 2 Pre-improvement TAD Value of Improvements $ 0.00 Pre-improvement Estimated Value of Land $8,000.00 Total Pre-improvement Estimated Value $8,000.00 The municipal property tax on the improved value of the home after its construction is estimated at $605.50 per year, for a total of$3,027.50 over the five year period. However, this estimate may be different from the actual tax abatement value which will be calculated based on the Tarrant Appraisal District appraised value of the property. The tax abatement agreement provides that the agreement may be assigned without subsequent City Council approval to Leonel Garcia and Janie Garcia's first mortgagee, or to a homeowner who will use the required improvements as his/her primary residence or the homeowner's mortgagee. All other assignments must be approved by the City Council. This property is located in COUNCIL DISTRICT 9. 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: Reid Rector (6140) Originating Department Head: Jerome Walker (7537) Additional Information Contact: Jerome Walker (7537) Sarah Odle (7316) Logname: 05GARCIA Page 2 of 2