HomeMy WebLinkAboutContract 46680-CA1 CITY SECIWARY
CONTRACT NO.
ASSIGNMENT OF TAX ABATEMENT AGREEMENT
This Assignment of Tax Abatement Agreement is made and entered into
by and between Tarrant County Housing Partnership ("Assignor") and Maria E.
Hernandez, ("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 1116 E. Allen Avenue, Block 42, Lot 1177, Hyde Park
Addition, an Addition to the City of Fort Worth, Tarrant County, Texas,
according to the Deed recorded in Volurne 10884, Page 17, 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
46680 ("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 with First and Second Vendor's
Lien dated as of November 8, 2016 recorded under Tarrant County Deed Records,
Assignor conveyed the Property to Maria E. Hernandez and Assignee acquired
title to the real property, which is the subject of the Agreement.
OFFICIAL RECORD
CITY SECRETARY
AGREEMENT FT.WORTH,TX
i
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 8, 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.
Assignment of Tax Abatement Contract#46680 from
Tarrant County Housing Partnership to Maria E. Hernandez
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. 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
Neighborhood Services Department
NEZ Program
1000 Throckmorton
Fort Worth, Texas 76102
ASSIGNEE
Maria E. Hernandez
1116 E. Allen Avenue
Fort Worth, Texas 76104
ASSIGNOR:
Tarrant County Housing Partnership
3204 Collinsworth St.
Fort Worth, Texas 76107
Assignment of Tax Abatement Contract#46680 from
Tarrant County Housing Partnership to Maria E. Hernandez
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. This Assignment will be not be binding until executed and
delivered by all three parties.
IN WITNESS WHEREOF, the parties have executed this Assigmnent as of the
date first above written.
ASSIGNOR: Tarrant Count Housing Partnership
am : D anNess, resident
ASSIGNEE: Maria E. Hernandez
Name: Maria E. Hernandez
Assignment of Tax Abatement Contract#46680 from
Tarrant County Housing Partnership to Maria E. Hernandez
3
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Sr. Assistant City Attorney
M& C: C-27086
OFFICIAL RECORD
CITX ECRETARy
WORTHI TX
Assignment of Tax Abatement Contract#46680 from
Tarrant County Housing Partnership to Maria E. Hernandez
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.
TRIKINYA L JOHNSON
Not Public and ' ,Z�."�`"
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�' �,-Notary Public,State of Texas
the State of TexasN, Comm. Expires 04-17-2018
Notary ID 1238832-0
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Donna
VanNess, President of Tarrant County Housing Partnership, 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 day of
November, 2016.
MEU8Ei4 AAUTCHLER
Notary Public in and for ID IS 1239918"
the State of Texas
W t.arwn,Exp.sept 20,2017
Assignment of Tax Abatement Contract#46680 from
Tarrant County Housing Partnership to Maria E. Hernandez
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Maria E.
Hernandez, 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 $ hday of
November, 2016.
Notary Public in and for
the State of Texas
E" o =80NILLALLA Texas2020 8
Assignment of Tax Abatement Contract#46680 from
Tarrant County Housing Partnership to Maria E. Hernandez
6
Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTRTI11
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.cfwnct.org/council_packet/mc review.asp?ID=20518&councildate=11/18/2014 11/26/2016
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:Happs.cfwnet.org/council_packet/mc_review.asp?ID=20518&councildate=11/18/2014 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