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HomeMy WebLinkAboutContract 39561-A1 CITY SECRETARY CONTRACT ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Shawn Fite ("Assignor") and Jeffrey P. Nissen and Cynthia C. Mitchell- Nissen, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Shawn Fite and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located at 1527 Alston Avenue, Lot IA, M. C. Males Subdivision, in the City of Fort Worth, Tarrant County, Texas, according to the map recorded in Volume 106, Page 128, Plat Records, Tarrant County, Texas ("Property") which is located in the Magnolia Village Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth October 20, 2009, City Secretary Contract Number 39561 ("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 May 12, 2010, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Jeffrey P. Nissen and Cynthia C. Mitchell-Nissen 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 May 12, 2010 ("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 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 Propert to the Assignee on or before 11:59 p. m. on the date prior to the 8,1QEfi�e 66R9FD 1 Cf rY SECRETARY ;T', WORTH, TX I 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&Economic Development Department NEZ Program 1000 Throckmorton Fort Worth,Texas 76102 ASSIGNEE: Jeffrey P. Nissen and Cynthia C. Mitchell-Nissen 1527 Alston Ave. Fort Worth, Texas 76104 ASSIGNOR: Shawn Fite 2828 River Forest Dr. Fort Worth, Texas 76116 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. 2 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: Shawn Fite J Name: Shawn Fite ASSIGNEE: Jeffrey P. Nissen and Cynthia C. Mitchell-Nissen 624'��5r �117Xn2_ — Name: JkWey P. Nissen N : Cynthia C. Mitchell-Nissen 0FFICAAi. R;EC0RDj 1 . :;;--zETARY 3 i ':�c 4°: "t #, TIC CITY OF FORT WORTH Su4eAlanis Assistant City Manager ATTEST: In • daO�.�ORr CL Y ` �A0�0 poO�d� City Secretary p o 0 z r000 o APPROVED AS TO FORM AND LEGALITY: 0p00000000G0�0 a��naoX4b�a Charlene Sanders Assistant City Attorney M & C: C-23864 a OFFICIAL RECORD! CITY SECRETARY 4 FT W a1 H, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan 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 thist, day of , 2011. of ry Public in and for the State of Texas x LINDA M.HIRRLINGER MY COMMISSION EXPIRES February 2,2014 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Shawn Fite, 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 1LjNDER MY HAND AND SEAL OF OFFICE this day of 201 . Notary lic in and fo the State of Texas SARAH)ODLE MY COMMISSION EXPIRES vt, November 5,2011 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey P. Nissen and 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 2011 1 + Notary Public in an , i� SARAH J.ODLE the State of Texas '* *= MY COMMISSION EXPIRES ...�;� November 5,2011 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Cynthia C. Mitchell-Nissen and 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. GIVE UNDER MY HAND AND SEAL OF OFFICE this day of 011. Notary ublic in and Yo the State of Texas ti SARAH J.ODLE MY COMMISSION EXPIRES November 5,2011 6 Page 1 of 4 Rattil ' T' le Co any GF# - _`. K R RECORDING RETURN TO: eff- P Nissen 27 ston Avenue Fo Worth,TX 76104 [Space Above This Line For Recording Data] N CON DENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON Y OR STRIKE ANY OR ALL OF THE FOLLOWING INF RO ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN RE O TY IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR C Y NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ra Warranty Deed with Vendor's Lien 0 FHA Case#492-8817559-703 Date: Executed on a orth' e acknowledgement herein,but to be effective the Twelfth day of May, 2010. Grantor: Shawn Fite Grantor's Mailing Address: /• Grantee: Jeffrey P Nissen and if Cynthia C. el •j!%dcl 4 Grantee's Mailing Address: 1527 Alston Ave e Fort Worth 76 Consideration: Ten Dollars($10.00)and other good and a nsider 'on paid to Grantor by Grantee and a note of even date in the principal amount of T o I�ei wenty One Thousand Nine Hundred Eighty Four and 00/100 Dollars — 0221,9 .0 m e Grantee payable to the order of OmniAmerican Bank,"Lender"herein,as con ide on f ount paid to Grantor. The note is secured by a vendor's lien retained in favor o his dee and by a deed of trust of even date from Grantee to Tim Carter ,Trustee. Property(including any improvements): Being the remainder of Lot 1, M.C. Males Subdivision, d ion the City of Fort Worth, Tarrant County,Texas,according to the plat recorded in Vol e 1 1 of the Plat Records of Tarrant County, Texas. being more particularly described y and u ds on Exhibit "A" attached hereto and made a part hereof„ The above described property also includes any and all of Grantor' righ tl an or interest in any and all system memberships and/or ownership certificates in an n- nici a w er and/or sewer systems now or in the future serving said property. General Warranty Deed with Veodor'a Lien 1 ©PeirsonPatterson,LLP.-Arli Te 207,4- 009 16331105 10[Doc 479 a 10] Page 2 of 4 R rvations from and Exceptions to Conveyance and Warranty: This conveyance is given and accepted subject to any and all restrictions, reservations, covenants, conditions,rights of way,easements, municipal or other governmental zoning laws,regulations and rdinances,if any,affecting the herein described property. ra ee herein assumes the taxes for the current year. Gran or, f e conside ion and subject to the reservations from and exceptions to conveyance and warranty, , el , an d c v Grantee the property, together with all and singular the rights and appurtenances theret n a longi , to have and hold it to Grantee, Grantee's heirs, executors, administrators, su o or gns f Grantor binds Grantor and Grantor's heirs, executors, administrators, and succe ors t arra vet efend all and singular the property to Grantee and Grantee's heirs, executors, administr ors, ces signs against every person whomsoever lawfully claiming or to claim the same or any part th f,a e o the reservations from and exceptions to conveyance and warranty. The vendor's lien (to the extent a s' to aid by Grantee to Grantor)against and superior title to the property are retained until each note cri is p 'd according to its terms,at which time this deed shall become absolute. The vendor's lien and su eri title i ed i i deed are transferred to Lender,without recourse on Grantor. When the context require s,sin no s include the plural. When executed by a corporation the words "heirs and assigns"sh be c s d to can"Successors and assigns". WITNESS THE HAND(S) D AL O UNDERSIGNED. $igp"At e Shawn Fite [Sign Originals Only] STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me is day f 20 by Shawn Fite. EY TOWNSEND Notary Publi ti tary Public Printed Name: - ,q E OF TEXAS My commission expires: i4 t y Co rr i 412p12010 General Warranty Deed with Vendor's Lien 2 OPeirsonPatterson,LLP.-Atli o Te 2004 00 1633110510[Doc 3479 a 10] Page 3 of 4 NIN /2 inch iron rod found for the Northwest comer of said Lot 1,from which a 12 ppe ' ea South 89 degrees East 0.14 of a foot and being the Southwest comer of Lo of s d add'' n a lying in the East right-of-way line of Alston Avenue; T CE 26 minutes 42 seconds East along the common lines of Lot 1 and L t 2 sta of 1 .63 feet to a point from which a 3/4 inch metal pipe bears South 75 d st 0. of a foot,said point being the Northeast comer of said Lot 1 and the Sou st sai t 2; THENCE uth 1 d ee 02 m' 09 seconds West along the East boundary line of said Lot 1 a dist rice t !8 iron set at its intersection with the North right-of-way line of West do ven , ow as Bellevue Street as described in Volume 10998,Page 1006,Deed nt unty,Texas,from which a 12 inch capped iron rod bears South 25 degrees West fe THENCE North 89 32 ' es seco s West abng said North right-of-way line a distance of 93.53 feet a i h cap ed i ro set from which a'A inch capped iron rod bears South 61 d .52 a t; THENCE North 44 degrees . utes seconds We a distance of 14.11 feet to a capped iron rod set in the East right-of ay of said Alsto e THENCE North 01 degrees 02 minutes 09 s rids alo said East right-of-way line a distance of 43.44 feet to the POINT OF B INNI I I I Page 4 of 4 HENDERSON ,.••_-�.., ZZ C CLERK 100 West Weatherford Fort Worth,TX 76196-0401 ~�'`'•�'�' PHONE(817)884-1195 J F F�Y N 15 NA FT W H 04 i i Submitter: RA IKI TI ( P ) I I T DESTROY WARN IN - TH/ HE O FJ UAL RECORD. Filed For Registration: 5/ 7 10 . AM Instrument#: D21 5097 WD 4 P S $24.00 D210115097 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE SC R PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE R FE W. Prepared by: DNCLARK