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Home My WebLink AboutContract 38622n RETAr�, NO 13 b aa ASSIGN MENT 014 TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between John Robert Tarasar ("Assignor") and Terry Latham and Jill Latham, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. John Robert Tarasar and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 746 Haven Lane, Block 4, Lot 4, Woodhaven Heights Addition, in the City of Fort Worth, Tarrant County, Texas, and as shown on the Plat recorded in Volume 388- 10, Page10, Plat Records, Tarrant County, Texas; and by Certificate of Correction of Error, dated 02/10/1977, recorded in Volume 6190, Page 642, Real Property Records, Tarrant County, Texas. ("Property") which is located in the Woodhaven Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth June 19, 2007, City Secretary Contract Number 35605 ("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 November 5, 2008 recorded under Tarrant County Deed Records, Assignor conveyed the Property to Terry Latham and Jill Latham 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 November 5, 2008 ("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 1 CITYSECRETARY WORTH, TX and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. 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. 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 Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Terry Latham and Jill Latham 3409 Meadow Oaks Dr. Haltom City, Texas 76117 ASSIGNOR: John Robert Tarasar 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: John Robert Tarasar Gzil�Q� Name: John R bert tarasar Jill Jill Latham �3 CITY OF FORT WORTH T.M. Higgins Iry Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & C: C-22203 n u STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared T.M. Higgins, 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. GIV N UNDER MY HAND AND SEAL OF OFFICE this day of 2009j Notary Public in and the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § MARIA S. SANCHEZ NOTARY PUBLIC STATE OF TEXAS My Comm. Exp.12-14-2009 BEFORE ME, the undersigned authority, on this day personally appeared John Robert Tarasar, 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 day of �.,� �/ , 2008. Notary Publicjin . for the State of Texas D�idivt� .1L�iPi RUNAWAY Ploary Public Se:yYe of texas Comm. Expires 11.04•2011 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Terry Latham, 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 day of Lr > , 2008. Notary ubl' in and for the State exas STATE OF TEXAS § COUNTY OF TARRANT § 2ot�YP��. DONNA; JEAN RUNAWAY Notary Public State of Texas Comm. Expires 11.04-2011 BEFORE ME, the undersigned authority, on this day personally appeared Jill Latham, 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 � day of 2008. Notary P bh m and for the State o xas �1�;ii�,� JC�1N RUNAWAY P1�iary Public St%-t� of Texas Comm. ".; Ares 11-04-2011 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas �� 05746HAVEN m SUBJECT: Authorize Execution of Five -Year Tax Abatement Agreement with John Robert Tarasar for Property Located at 746 Haven Lane in the Woodhaven Neighborhood Empowerment Zone RECOMMENDATION: It is recommended that the City Council: 1. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement (the Agreement) with John Robert Tarasar are true and correct; and 2. Authorize the City Manager to enter into afive-year Tax Abatement Agreement with John Robert Tarasar for the property at 746 Haven Lane in the Woodhaven Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. DISCUSSION: John Robert Tarasar is the owner of the property at 746 Haven Lane (Block 4, Lot 4, Woodhaven Heights Addition), which is located in the Woodhaven NEZ and Neighborhood Empowerment Reinvestment Zone (NERZ No. 10). John Robert Tarasar has applied for afive-year municipal property tax abatement under the NEZ Tax Abatement Policy and Basic Incentives (Resolution No. 3487, 05-2007). The NEZ Basic Incentives offers afive-year municipal property tax abatement on the increased value of improvements to the qualified owner of any new construction or rehabilitation 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. The owner plans to invest a minimum of $15,000.00 to rehabilitate a single family home in the Woodhaven NEZ. A description of the work to be done and pictures of the current state of the property are attached as Exhibit "A." The Tax Abatement Agreement is attached as Exhibit "B." Upon execution of the Agreement, the total assessed value of the home used for calculating municipal property tax will be frozen for afive-year period, starting on January 1, 2008, at the pre - improvement value as defined by the Tarrant Appraisal District (TAD) on January 1, 2007 as follows: Pre -improved TAD value of improvements $ 40000.00 Pre -improved TAD value of land $10,000.00 Total pre -improvement estimated value $ 50000.00 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=7843&councildate=6/19/2007 03/27/2009 M&C Review Page 2 of 2 The municipal property tax on the improved value of the home after its rehabilitation is estimated at $129.00 per year, for a total of $645.00 over the five-year period. 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 John Robert Tarasar's first mortgagee, or to a homebuyer who will use the required improvements as his/her primary residence, or to that homebuyer's mortgagee. All other assignments must be approved by the City Council. This property is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 746 Haven 2-A.ipa 746 Haven 3-A.ipa 746 Haven 4-A.ipg 746 Haven Lane Map.pdf 746 Haven1-A.ipg Exhibit A.doc TA Agreement.doc FROM Fund/Account/Centers Dale Fisseler (6140) Jerome Walker (7537) Sarah Odle (7316) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=7843&councildate=6/19/2007 03/27/2009