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HomeMy WebLinkAboutContract 46681-CA1 CITY SECWARYL CONTRACT NO. I UO2 M1 ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Tarrant County Housing Partnership, Inc. ("Assignor") and Yolanda G. Carr, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Tarrant County Housing Partnership and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located at 1203 E. Allen Avenue, Block 44, Lot 1244, Less ROW,Hyde Park Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Deed recorded in Instrument#D214209184 of the Deed Records of Tarrant County, Texas ("Property") which is located in the Evans & Rosedale Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 18, 2014, City Secretary Contract Number 46681 ("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 General Warranty Deed dated as of November 15, 2016 recorded under Tarrant County Deed Records, Assignor conveyed the Property to Yolanda G. Carr 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 15, 2016 ("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 ';FrRETARY Assignment of Tax Abatement Contract#46681 from S ,r R � ,., •; . Tarrant County Housing Partnership to Yolanda G. Carr 1 4. Release and Surrender of Assignor,1or, 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 Assigmnent is of no effect. The consent granted herein should not be construed as consent to any further assigmnent 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 Neighborhood Services Department NEZ Program 1000 Throclanorton Fort Worth, Texas 76102 ASSIGNEE: Yolanda G. Carr 1203 E. Allen Avenue Fort Worth, Texas 76104 ASSIGNOR: Tarrant County Housing Partnership, Inc. 3204 Collinsworth St. Fort Worth, Texas 76107 Assignment of Tax Abatement Contract #46681 from Tarrant County Housing Partnership to Yolanda G. Carr 2 8. Successors. Except as herein otherwise provided, this Assigmnent 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: Tarrant County Housing Partnership, Inc. V n es resi ent SIGNEE: Yolanda G. Carr waa" �lG me: Yolanda G. Carr Assignment of Tax Abatement Contract#46681 from Tarrant County Housing Partnership to Yolanda G. Carr 3 CITY OF FORT WORTH Fernando Costa Assistant City Manager r orycoao�i�' ,,ri' / ?09 / %0 ATTEST: I.- o o ®�am�ao Mary K r, Cify Secretary ry�� APPROVED AS TO FORM AND LEGALITY: 11(� Melinda Rai-nos Sr. Assistant City Attorney M & C: C-27086 OFFrFICIAL RECORD CITY SECRETARY T. WORTN,TX Assignment of Tax Abatement Contract#46681 from Tarrant County Housing Partnership to Yolanda G. Carr 4 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this #day of 2016. - L4�� ` " TRIKINYA L JOHNSON .�� aY•P6a�'% NotaryPubfic in for _ Notary Public,State of Texas �' �: Comm. Expires 04.17-2018 the State of Texa ''%;;�;; +� Notary ID 1238832.0 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Donna VanNess, President of Tarrant County Housing Partnership, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ri- day 5 of November, 2016. Notary Public in and for the State of Texas MF.ussA MDEW FeIM, Id 0 12Comm.Exp. Assignment of Tax Abatement Contract#46681 from Tarrant County Housing Partnership to Yolanda G. Carr 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Yolanda G. Carr, 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 )6 d y of November, 2016. Notary Public in and for MELISSA MUrCHLER the State of Texas * Ip#12.399188-0 I�r Comm.E*.!!p 20,2017 Assignment of Tax Abatement Contract#46681 from Tarrant County Housing Partnership to Yolanda G. Carr 6 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORT11 COUNCIL ACTION: Approved on 11/18/2014 DATE: 11/18/2014 REFERENCE NO.: C-27086 LOG NAME: 17NEZTCHP CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Tarrant County Housing Partnership, Inc., for the Construction of Ten Low-Income Single Family Homes in the Evans and Rosedale Neighborhood Empowerment Zone (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Tarrant County Housing Partnership, Inc., for the construction of ten low-income single family homes in the Evans and Rosedale Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. DISCUSSION: On June 3, 2014, (M&C L-15686) the City Council authorized the direct sale of 12 tax-foreclosed properties to Tarrant County Housing Partnership, Inc. (TCHP), for the development of low-income housing. TCHP plans to invest an estimated amount of$1,270,000.00 to construct ten low-income single family homes of approximately 2,300 to 2,500 square feet each. The homes will be sold to low-income buyers as a primary residence. The Housing and Economic Development Department reviewed the application and certified that the property owner and Project met the eligibility criteria to receive a Neighborhood Empowerment Zone (NEZ) Municipal Property Tax Abatement. The NEZ Basic Incentives includes a five-year Municipal Property Tax Abatement on the increased value of improvements to the qualified owner of any new construction or rehabilitation within the NEZ. Upon execution of the Agreement, the total assessed value of the improvements will be subject to the tax abatement for a period of five years starting January 2015. The municipal property tax on the improved value of each home after construction is estimated in the amount of$1,085.85 per year for a total amount of$5,429.25 over the five-year period. However, this estimate may differ from the actual tax abatement value, which will be calculated based on the Tarrant Appraisal District appraised value of the property. In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new owner's first mortgagee or a new homeowner as their primary residence. All other assignments must be approved by the City Council. The properties are located in COUNCIL DISTRICT 8, Mapsco 77P, 77Q and 77U. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will not increase the total appropriations of City funds. http://apps.cfwnet.org/council_packet/mc review.asp?ID=20 5 18&councildate=l 1/18/2 014 11/26/2016 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jesus Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Sarah Odle (7316) ATTACHMENTS Elevations and Floor Plans.pdf List of Properties For Abatement.pdf TCHP Map.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20518&councildatc=l 1/18/2014 11/26/2016 Tarrant County Housing Partnership, Inc. Properties for NEZ Abatement Street Address Block Lot Addition 923 E. Allen Avenue 22 574 Hyde Park 1116 E. Allen Avenue 42 1177 Hyde Park 1203 E. Allen Avenue 44 1244 Hyde Park 1113 E. Baltimore Avenue 39 22 Southland 1004 E. Harvey Avenue 35 2 Southland 1005 E. Harvey Avenue 36 35 Southland 1121 E. Harvey Avenue 36 20 Southland 945 E.Jessamine Street 31 19 Southland 1205 E.Jessamine Street 5 29 Vickery Southeast 1325 E.Jessamine Street 8 21 Vickery Southeast