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HomeMy WebLinkAboutContract 33655-CA1 CITY SECRETARY CONTRACT NO. 33 5 -C_Pl ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax_Abatement Agreement is made and entered into by and between Alta Ridglea Village L.P. ("Assignor") and CFH Realty IV/Ridglea Village,L.P.,("Assignee")and the City of Fort Worth, ("City"). RECITALS. A. Alta Ridglea Village L.P. and the City-of Fort Worth,Texas (the"City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 3601 Westridge Avenue ("Property") which is located in the Ridglea Como Neighborhood Empowerment- Zone,.such Agreement approved by the City Council of Fort Worth July 23, 2002, City Secretary Contract Number 27980 ("Agreement"); B. Section 5 of the Agreement permits Assignor to assign all of its rights under the Agreement to Assignee,with the prior consent of the City Council; C. Pursuant to that certain Special Warranty Deed dated as of June 23, 2006, recorded under Tarrant County Deed Records, Assignor conveyed the Property to CFH Realty IV/Ridglea Village, L.P. 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 arising from and after the Effective Date(as defined below). 3. Effective Date. The effective-date of this Assignment is June 23, 2006 ("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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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: CFH Realty IV/Ridglea Village,L.P. 2100 McKinney,Suite 700 Dallas,Texas 75201 - Attention: Asset Manager—Ridglea Village ASSIGNOR: J.Kline L.L.C.,Alta Ridglea Village L.P. 1110 Northchase Pkwy, Suite 150 Marietta,GA 30067 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 written. ASSIGNOR: ALTA RIDGLEA VILLAGE,L.P., a Georgia limited partnership By: Wood Alta Ridglea Village,L.P., its general partner By: Wood Texas Manager, Inc.,its general partner By: �W Name: Title: ASSIGNEE: CFH Realty IV/Ridglea Village, L.P. By: CH Realty IV/Multifamily GP;-L.L.C., a Delaware limited liability company its general partner By: Crow Holdings Managers,L.L.C., a Texas limited liability company,its m er By: Name: Title: 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: ALTA RIDGLEA VILLAGE,L.P.,a Georgia limited partners By: Wood Alta Ridglea Village, L.P., its general partner By: Wood Texas M er, Inc., its general partner By: e: Title: ASSIGNEE: CFH Realty IV/Ridglea Village,L.P. By: CH Realty IV/Multifamily GP, L.L.C., a Delaware limited liability company its general partner By: Crow Holdings Managers, L.L.C., a Texas li ited 1'ability company, its manager By: Name: Charinc Title: Vice President 3 CITY OF FORT WORTH Z,/,�44�L rte. Susan Alanis Assistant City Manager ATTEST: oRrn`Gaa- O�o°0000°oo I�� 000, 01 CIA 0 City Secretary o �Y0 �°00000�0 d APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M &C: C- 21477 w ICIAL RECORDY SECRETARY WORTH$ TX 4 STATE OF TEXAS § COUNTY OF TARRANT § r BEFORE ME, the undersigned authority, on this day personally appeared Sus ip Alanis, 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 she 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 she 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 2011. o ary Public in and for the State of Texas LINDA M.HIRRLINGER MY3 COMMISSION EXPIRES February 2,2014 9 5 STATE OF TEXAS § COUNTY OF T § Harns _ FO ME, the undersi ed authority, on this day personally appeared Qtp the of Wood.Texas Manager; Inc., the general partner of Wood Alta Ridglea Village, L.P., which is the general partner of Alta Ridglea Village L.P., 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 Alta Ridglea Village L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ht� , 2006.- _:°��"t'% JAMIE LIEGH SEMIEM Not P is in and or a Notary Pub"C State of Texas th tate of Texas ti�� ��s� MyCommission Expires June 18,2008 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , the of•Corw Holdings Managers, L.L.C., the manager of CH Realty IV/Multifamily GP, L.L.C., which is the general partner of CFH Realty IV/Ridglea Village, L.P.,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 CFH Realty IV/Ridglea Village,L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of 2006. Notary Public in and for the State of Texas 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , the - of Wood Texas Manager, Inc., the general partner of Wood Alta Ridglea Village, L.P., which is the general partner of Alta Ridglea Village L.P., 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 Alta Ridglea Village L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 32006. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF'F § 'DAI�LAS BEFORE ME, the undersigned authority, on this day personally appeared 6"-A04-- .�;.l�. , the t)ILc P&IS L&1--4 of Corw Holdings Managers, L.L.C., the manager of CH Realty IV/Multifamily GP, L.L.C., which is the general partner of CFH Realty IV/Ridglea Village, L.P., 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 CFH Realty IV/Ridglea Village,L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z C5day of 2006. Notary Public in and for SL MELISSA C. HUBER Notary Public State of Texas Comm, Expires 12.05.2006 6 M&C'Review Pagel of 2 Official site of the City of Fort Wotth,Texas ITY COUNCIL AGENDA FOIST WORTH Ir— COUNCIL ACTION: Approved on 5/30/2006 DATE: 5/30/2006 REFERENCE NO.: C-21477 LOG NAME: 05ALTA RIDGLEA CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Approval of a Tax Abatement Assignment between Alta Ridglea Village L.P. and CFH Realty IV/Ridglea Village, L.P. for the Remaining Term of Alta Ridglea's Original Tax Abatement Agreement and Authorize Execution of Assignment of Tax Abatement Agreement between Alta Ridglea Village L.P., CFH Realty IV/Ridglea Village, L.P., and the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: 1. Approve a Tax Abatement Assignment between Alta Ridglea Village L.P. and CFH Realty IV/Ridglea Village, L.P. for the remaining term of Alta Ridglea's original Tax Abatement; 2. Find that the statements set forth in the recitals of the attached Assignment of Tax Abatement Agreement between Alta Ridglea Village L.P. and CFH Realty IV/Ridglea Village, L.P. are true and correct; and 3. Authorize the City Manager to enter into an Assignment of Tax Abatement Agreement between Alta Ridglea Village L.P., CFH Realty IV/Ridglea Village, L.P. and the City of Fort Worth for the property listed in Exhibit"A" in accordance with paragraph 5 of the tax abatement agreement. DISCUSSION: On July 23, 2002 (M&C G-13679 )the City Council authorized the Tax Abatement Agreement with J. Kline, LLC and the designation of Neighborhood Empowerment Reinvestment Zone No. 3. This property is now being sold to CFH Realty IV/Ridglea Village, L.P. and council approval is needed for the assignment of the tax abatement agreement to the new owner. The new owner is aware of all rights, duties and obligations of the tax abatement agreement. The Assignment of Tax Abatement Agreement is attached as Exhibit"A." This property is located in COUNCIL DISTRICT 3. http://apps.cfwnet.org/council_packet/mc review.asp?ID=5758&councildate=5/30/2006 02/20/2011 M&C'Review Page 2 of 2 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(6266) Originating Department Head: Jerome Walker(7537) Additional Information Contact: Sarah Odle (7316) ATTACHMENTS Exhibit A.doc Exhibit B.DOC http://apps.cfwnet.org/council_packet/mc review.asp?ID=5758&councildate=5/30/2006 02/20/2011