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Home My WebLink AboutContract 33379 CITY 3EC;RETARydl�D • . CONTRACT NO ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agree is made and entered into by and between Habitat for Humanity, Inc. ("Assignor") and Roshunda Y. O'Neal, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Habitat for Humanity, Inc. ("Habitaf) and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 1040 Harvey ("Property") which is located in the Evans and Rosedale Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth September 16, 2003 City Secretary Contract Number 29446 ("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 21, 2005 recorded under Tarrant County Deed Records, Instrument Number Assignor conveyed the Property to Roshunda Y. O'Neal 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 /I- /,6 ' 2005 ("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 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: Roshunda Y. O'Neal 1040 Harvey Ave Fort Worth,Texas 76104 ASSIGNOR: Habitat for Humanity, Inc. 3345 S. Grove Fort Worth,Texas 76110 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. 2 � � � • 1 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: Habitat for Humanity, Inc. N e: G ge YQer Tide: Executive Director ASSIGNEE: Roshunda Y. O'Neal oshunda Y. 'Neal CITY OF FORT WORTH Dale Fi er Assistant City Manager ATTEST: City Secretary APPROVED S TO FORM AND LEGALITY: Cynthia Garcia Assistant City Attorney M & C: C- , r V 5� tCa0'1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler, 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. GI V'EN UNDER MY HAND AND SEAL OF OFFICE this Xday of 2006. Q%PL t I'PPVPG\ JONI Notary P is in and four0" ''AF' R JACOBS {*° ;*; NOTARY PUBLIC the Stat f Texas t;�. ,.•�i% state of Tex lFa� +Comm. Ex as Exp. 05-27-2007 CJ `) 'k is CITE R y FT. W'� TELA, STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Gage Yager, Executive Director of Habitat for Humanity, Inc., 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 Habitat for Humanity, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of V�,� , 2005. Notary Public in and for DEBBIE F.BINGHAM the State of Texas MY COMMISSION EXPIRES March 30,2008 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Roshunda Y. O'Neal 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 L&Aay of 2005. otary Public in and for ' !!4, DEBBIE F. BINGHAM the State of Texas MY COMMISSION EXPIRES �, March 30,2008 6 Of SE'ru-IRETRY FT. WORTH, TEX. City of Fort Worth, Texas 41j:0601f and COU00*1 Communimfin DATE REFERENCE NUMBER LOG NAME PAGE 9/16/03 **C-19747 05HABITATTAAG 1 of 2 SUBJECT APPROVAL OF TAX ABATEMENT AGREEMENT WITH THE FORT WORTH AREA HABITAT FOR HUMANITY, INC. FOR 20 PROPERTIES LOCATED IN THE EVANS/ROSEDALE NEIGHBORHOOD EMPOWERMENT ZONE RECOMMENDATION: It is recommended that the City Council: 1. Approve a five-year Municipal Property Tax Abatement for 20 properties owned by the Fort Worth Area Habitat for Humanity, Inc. (Habitat) and located in the Evans/Rosedale Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement (the Agreement) with Habitat are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Habitat for each one of the properties listed on Exhibit "A" in accordance with the NEZ Tax Abatement Policy and Basic Incentives. DISCUSSION: Habitat is the owner of the 20 properties listed in Exhibit "A". The properties are located in the Evans/Rosedale NEZ and Neighborhood Empowerment Reinvestment Zone No. 4. Habitat applied for a five-year municipal property tax abatement under the NEZ Basic Incentives (M&C G-13208 R, M&C G-13580 and M&C G-13662, as amended). The Housing Department has reviewed the application and certified that the properties meet the eligibility criteria to receive NEZ municipal property tax abatement. The NEZ Basic Incentives offers a five-year municipal property tax abatement on the increased value of improvements to the qualified owner of any new home constructed within a NEZ. Habitat will invest at a minimum $1,100,000 to construct 20 single-family homes in the Evans/Rosedale NEZ. A description of the homes to be constructed is attached as Exhibit "B". The form of the Tax Abatement Agreement is attached as Exhibit "C". Upon execution of the Agreement, the total assessed value of the home used for calculating municipal property tax will be frozen for a five-year period, starting on January 1, 2004, at the pre-improvement value as defined by the Tarrant Appraisal District (TAD) on January 1, 2003, for each property as follows: Pre-improvement TAD Value of Improvements $0 Pre-improvement Estimated Value of Land $2,000 Total Pre-improvement Estimated Value $2,000 The municipal property tax on the improved value of the homes is estimated at $363 per year on each property for a total of $36,300 over the five-year period for the 20 homes. 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. City of Fort Worth, Texas 41V.,%Nor And Cesar ci! Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/16/03 **C-19747 05HABITATTAAG 2 of 2 SUBJECT APPROVAL OF TAX ABATEMENT AGREEMENT WITH THE FORT WORTH AREA HABITAT FOR HUMANITY, INC. FOR 20 PROPERTIES LOCATED IN THE EVANS/ROSEDALE NEIGHBORHOOD EMPOWERMENT ZONE Upon the sale of the home, the Agreement will be assigned to the new owner so long as the new owner meets all eligible criteria as stated in the NEZ Tax Abatement Policy and Basic Incentives. The Tax Abatement Agreement provides that the Agreement may be assigned without subsequent City Council approval to Habitat's affiliates or its first mortgagee, or to a homeowner who will use the required improvements as his/her primary residence or the homeowner's mortgagee, and all other assignments must be approved by the City Council. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies this action will have no material effect on City funds. RR:r Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Jerome Walker 7537 (from) APPROVED 09/16/03 Additional Information Contact: Jerome Walker 7537