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Home My WebLink AboutContract 33163 s CITY SECRETARY CONTRACT No. ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agree is made and entered into by and between Fort Worth Housing Finance Corporation ("Assignor") and John E. Moss, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Fort Worth Housing Finance) Corporation (FWHFC) and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located at 3116 Eastcrest Court, Block 1, Lot 6, Eastcrest Addition ("Property") which is located in the Stop Six Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth September 10, 2002 City ' Secretary Contract Number 28113 ("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 Special Warranty Deed dated as of July 29, 2005, recorded under Tarrant County Deed Records, Assignor conveyed the Property to John E. Moss 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 l 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 January 12, 2005 ("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. k; 21 1 � � a 1 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: John E. Moss 3116 Eastcrest Court Fort Worth, Texas 76102 ASSIGNOR: Fort Worth Housing Finance Corporation 1000 Throckmorton Street Fort Worth, Texas 76102 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. --------- 1 . u 2 415I�7�d f o .< i'1:Sf3 � u\a 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: Fort Worth Housing Finance Corporation N Jerome C. Walker ASSIGNEE: John E. Moss Nam : John E. Moss RT WORTH CITY OF FO Dale Fisseler VV Assistant City Manager ATTEST: 6tyAecretary APPROVED S TO FORM AND LEGALITY: Cynthiais Assistant City Attorney M & C: C-19235 uAno" 4 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler, 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. sr GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 200 . Notaiy Public in Aaor the State of Texas "YP JONI R JA 'OBS ;�`""' NOTARY PUBLIC State of Texas Comm. Exp. 05-27-2007 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jerome C. Walker, 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 Fort Worth Housing Finance Corporation. ` �GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2005. '�p1 �`= SAAAH J.ODLE Notary Public in and for *' �" MY COMMISSION EXPIRES the State of Texas ''Eptf''` November5,2007 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared John E. Moss, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this � day of , 2 L*44 tWy STACEY LYNNE JANDRUCK,,Notary Public in and for * Notary PublicSTATE OF TEXAS the State of Texas gy MY Conn.Exp. 03/26/ri3 City of Fort Worth, Texas 41** ..0foe And Council communienflon DATE REFERENCE NUMBER LOG NAME PAGE 9/10/02 C-19235 05NEZ 1 of 3 SUBJECT AUTHORIZATION TO ENTER INTO TAX ABATEMENT AGREEMENTS WITH THE FORT WORTH HOUSING FINANCE CORPORATION FOR THE DEVELOPMENT OF SIXTEEN SINGLE-FAMILY HOMES FOR THE EASTCREST SUBDIVISION LOCATED IN THE STOP SIX NEIGHBORHOOD EMPOWERMENT ZONE RECOMMENDATION: It is recommended that the City Council: 1. Approve the Fort Worth Housing Finance Corporation (FWHFC) application for Municipal Property Tax Abatement for the Eastcrest Subdivision; and 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreements (the Agreements) with FWHFC are true and correct; and 3. Authorize the City Manager to enter into tax abatement agreements with FWHFC for the development of sixteen single-family homes in the Eastcrest Subdivision located in the Stop Six Neighborhood Empowerment Zone (NEZ), in accordance with the NEZ Basic Incentives. DISCUSSION: The FWHFC is the developer/owner of the Eastcrest Subdivision in the 4700 Block of East Berry Street and Eastcrest Court located in NEZ No. 1. The FWHFC applied for municipal property tax abatement under the NEZ Basic Incentives (M&C G-13208R dated June 5,2002, M&C G-13580 dated April 2, 2002,as amended,and M&C G-13662R dated July 23, 2002,as amended). The Housing Department has 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 of the increased value of improvements to a developer/owner of any new home constructed within a NEZ. Upon execution of the Agreements, the total assessed value of each home in the Eastcrest Subdivision used for calculating municipal property tax will be frozen for a five-year period, starting on January 1, of the year following the year in which the home is sold, at the pre-improvement value of each lot as defined by the Tarrant Appraisal District(TAD) on January 1, 2002,as follows: • Pre-Improvement TAD Value of Improvements $ -0- • Pre-Improvement TAD Value of Land $1,000 per lot • Total Pre-Improvement TAD Value $1,000 per lot City of Fort Worth, Texas *1.1450V And Council Communication DATE REFERENCE NUMBER LOG NAMEPAGE 9/10/02 C-19235 05NEZ 2 of 3 SUBJECT AUTHORIZATION TO ENTER INTO TAX ABATEMENT AGREEMENTS WITH THE FORT WORTH HOUSING FINANCE CORPORATION FOR THE DEVELOPMENT OF SIXTEEN SINGLE-FAMILY HOMES FOR THE EASTCREST SUBDIVISION LOCATED IN THE STOP SIX NEIGHBORHOOD EMPOWERMENT ZONE Address Legal Description 3100 Eastcrest Court Lot 10, Block 1, Eastcrest Add it ion 3101 Eastcrest Court Lot 6, Block 2, Eastcrest Addition 3104 Eastcrest Court Lot 9, Block 1, Eastcrest Addition 3105 Eastcrest Court Lot 5, Block 2, Eastcrest Addition 3108 Eastcrest Court Lot 8, Block 1, Eastcrest Addition 3109 Eastcrest Court Lot 4, Block 2, Eastcrest Add it ion 3112 Eastcrest Court Lot 7, Block 1, Eastcrest Addition 3113 Eastcrest Court Lot 3, Block 2, Eastcrest Addition 3116 Eastcrest Court Lot 6, Block 1, Eastcrest Addition 3120 Eastcrest Court Lot 5, Block 1, Eastcrest Addition 3124 Eastcrest Court Lot 4, Block 1, Eastcrest Addition 3128 Eastcrest Court Lot 3, Block 1, Eastcrest Addition 3132 Eastcrest Court Lot 2, Block 1, Eastcrest Addition 3133 Eastcrest Court Lot 2, Block 2, Eastcrest Addition 3136 Eastcrest Court Lot 1, Block 1, Eastcrest Addition 3137 Eastcrest Court Lot 1, Block 2, Eastcrest Addition FWHFC expects to complete construction on or before June 30, 2003, and sell the sixteen homes to new owners. Upon the sale of each home by FWHFC, the Housing Department staff will present the proposed assessment of the tax abatement agreements to the City Council for approval if the new owner meets all eligible criteria as stated in the NEZ Basic Incentives. FWHFC will invest $1,600,000 to construct sixteen single-family homes in the Eastcrest Subdivision. The location of the proposed development, typical elevation, and project description are attached to this Mayor and Council Communication. The municipal property tax on the improved value is estimated at $558 per house per year or a total of$44,640 over the five-year period. On August 13, 2002, the above proposal was endorsed by the Economic and Community Development Committee for City Council approval. The Eastcrest Subdivision is located in COUNCIL DISTRICT 5. City of Fort Worth, Texas IN' avoe And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/10/02 C-19235 05NEZ 3 of 3 SUBJECT AUTHORIZATION TO ENTER INTO TAX ABATEMENT AGREEMENTS WITH THE FORT WORTH HOUSING FINANCE CORPORATION FOR THE DEVELOPMENT OF SIXTEEN SINGLE-FAMILY HOMES FOR THE EASTCREST SUBDIVISION LOCATED IN THE STOP SIX NEIGHBORHOOD EMPOWERMENT ZONE FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RR:n Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Jerome Walker 7537 (from) APPROVED 09/10/02 Additional Information Contact: Jerome Walker 7537