HomeMy WebLinkAboutContract 44350-CA1 dF! n
CITY SECRUARY
RECE/VED OMACT WO. `1' D'
JUN 18
2018 ASSIGNMENT OF TAX ABATEMENT AGREEMENT
CITY OFFO
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This Assignment of Tax Abatement Agreement is made and entered into by
and between Glenn R. and Sharleen K. Leimbach("Assignor") and Brian C. and Meya L.
Kindred, ("Assignee") and the City of Fort Worth, ("City")
RECITALS
A. Glenn R. and Sharleen K. Leimbach and the City of Fort Worth,Texas(the"City")
entered into that certain Tax Abatement Agreement ("Agreement") for Property
Located 2732 Sandage Avenue, Lot 9, Block 9, of Frisco Heights Addition, an
addition to the City of Fort Worth, Tarrant County Texas, according to the plat
thereof recorded in Volume 204-A,Page 96,Deed Records,Tarrant County,Texas.
("Property")which is located in the Berry/University Neighborhood Empowerment
Zone, such Agreement approved by the City Council of Fort Worth March 26,
2013, City Secretary Contract Number 44350 ("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 October 24, 2016,
recorded under Tarrant County Deed Records, Assignor conveyed the Property to
Brian C. and Meya L. Kindred 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 October 24, 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 SECRETARY
IST.WORTHO TX
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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)
200 Texas Street
Fort Worth, Texas 76102
ASSIGNEE:
Brian C. and Meya L. Kindred
14500 W. 159t` Street
Olathe, KS 66062
ASSIGNOR:
Glenn R. and Sharleen K. Leimbach
14527 River Oaks Dr.
Colorado Springs, CO 80921
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.
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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: Glenn R. Leimbach
Name: Glenn R. Leimbach
ASSIGNOR: Sharleen K. mbach
Name: S een K. Leimbach
ASSIGNEE: Brian C. Kindred
Name: Brian C. Kindred
ASSIGNEE: Meya L. Kindred
Name: eya L. Kindred
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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: Glenn R. Leimbach
Name: Glenn R. Leimbach
ASSIGNOR: Sharleen K. Leimbach
Name: Sharleen K. Leimbach
ASSIGNEE: Brian C. Kindred Z'
Name: Brian C. Kindred
ASSIGNEE: Meya . indred
Name: e a L. Kindred
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CITY OF FORT WORTH
Fernando Costa
Assistant City Manager -
G Q R 1
ATTEST: '(f
Cfty Secret
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APPROVED AS TO FORM AND LEGALITY:
4�1"Li 04
Melinda Ramos
Sr. Assistant City Attorney
M& C: C-26173
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ay of
2018.
i
TRIKINYA L. JOHNSON
�pPY PUg iii
:Notary Public,State of Texas
Notary Publi in for =_N. Comm.Expires 04-17-2022
....W- Notary ID 1238832-0
the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
4
STATE OF COLORADO §
COUNTY OF El PASO §
BEFORE ME, the undersigned authority, on this day personally appeared Glenn R.
Leimbach, 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. .-1 V day of
2017.
Notary Public in and for
the State of Colorado
SHANNON L.O'BRIEN-LAN CASTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104003997
MY COMMISSION EXPIRES FEBRUARY 16,2018
000000.0 -0
STATE OF COLORADO §
COUNTY OF El PASO §
BEFORE ME, the undersigned authority, on this day personally appeared Sharleen K.
Leimbach, 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 ,, J day of
2017.
Notary Public in and for
the State of Colorado
SHANNON L.O'BRIEN-LANCASTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104003997
MY COMMISSION EXPIRES FEBRUARY 16,2016
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STATE OF KANSAS §
COUNTY OF JOHNSON §
BEFORE ME, the undersigned authority, on this day personally appeared Brian C.
Kindred, 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�9 day of
12017.
L'E"r
No Public in and for
the State of Kansas
STATE OF KANSAS §
COUNTY OF JOHNSON §
BEFORE ME, the undersigned authority, on this day personally appeared Meya L.
Kindred, 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 this1-9 day of
92017.
NOT ��i�`.' •.�_� �.,�, �f Kansas
Notary Public in and for nnv npr .rxp. 2 Y
the State of Kansas
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M&C Reviev6
Official
CITY COUNCIL AGENDA FORT�TII
COUNCIL ACTON: Approved on 3126� 013
DATE: 3/26/2013 REFERENCE C-26172 LOG NAME: 17NEZ2732SANDAGE
NO..
NOW PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of Five-Year Tax Abatement Agreement with Glenn R. and
Sharleen K. Leimbach for Property Located at 2732 Sandage Avenue in the
Berry/University Neighborhood Empowerment Zone (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Glenn R. and Sharleen K. Leimbach for property located at 2732 Sandage
Avenue in the Berry/University Neighborhood Empowerment Zone, in accordance with the
Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Glenn R. and Sharleen K. Leimbach (Property Owners) are the owners of the property described
as Block 9, Lot 9, Frisco Heights Addition, an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat recorded in Volume 204A, Page 96, of the Plat Records of Tarrant
County, Texas, at 2732 Sandage Avenue, Fort Worth, Texas. The property is located within the
Berry/University Neighborhood Empowerment Zone (NEZ).
The Property Owner plans to invest an estimated amount of$269,000.00 to construct an
approximately 2,840 square foot single family residence (Project). The Project will be used as
rental property.
The Housing and Economic Development Department reviewed the application and certified that
the Property Owner and Project met the eligibility criteria to receive a 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, 100 percent of the assessed value of the improvements used
for calculating municipal property tax will be frozen for a period of five years starting January 2014
at the estimated pre-improvement value, as defined by the Tarrant Appraisal District (TAD), for the
property as follows:
Pre-Improvement TAD Value of Improvements $ 0.00
Pre-Improvement Estimated Value of Land $36,300.00
Total Pre-Improvement Estimated Value $36,300.00
The municipal property tax on the improved value of Project after construction is estimated in the
amount of$2,299.95 per year for a total amount of$11,499.75 over the five-year
period. However, this estimate may differ from the actual tax abatement value, which will be
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18215&councildate=3/26/2013[04/16/2013 1:34:18 PM]
M&C Revie*
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 owner as rental property. All other assignments must be
approved by the City Council.
This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect
on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
2732 Sandaae Eievation.pdf
2732 Sandage Ave NEZMapsforCouncil.gdf
http://apps.cfwnet.org/council—packct/mc_review.asp?ID=18215&councildate=3/26/2013[04/16/2013 1:34:18 PM]