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HomeMy WebLinkAboutContract 44351-CA1 a c CITY SECRETARY CONTRACT NO., ASSIGNMENT OF TAX ABATEMENT AGREEMENT ��N 1 This Assignment of Tax Abatement Agreement is made and entered into by G5 v�6 w `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 2736 Sandage Avenue, Lot 10, 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 44351 ("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 FT.WORTIHO TX 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.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. Cityof 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. 2 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 eimbach N e: Sharleen K. Leimbach ASSIGNEE: Brian C. Kindred Jj Name: Brian C. Kindred ASSIGNEE: Meya L. Kindred 9 cedx�A/' Name: e a L. Kindre 3 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 -Arm,j/W/ K" - V ZZ- Name: Glenn R. eimbach ASSIGNOR: Sharleen K. Leimbach Name: Sharleen K. Leimbach ASSIGNEE: Brian C. Kindred Name: Brian C. Kindre ASSZMeyaL. ndred ZN e: Kindred 3 CITY OF FORT WORTH �1t--- Fernando Costa Assistant City Manager ATTEST: City Secretes APPROVED AS TO FORM AND4 1&L" r U4 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 tgLday of 2018. """�. TRIKINYA L. JOHNSON '=P, s�-Notary Public,State of Texas Notary Publi In for so.:'Q Comm.Expires 04-17-2022 '�.',lFOFt�.�` Notary ID 1238832-0 the State of Tex '"" OFFI=RECORDCITYFT� 4 t 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 day of 'L e�a,�a�'u , 2017. � Q 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 16,2018 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 ��> r�day of 52017. 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 16,2018 5 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 ` day of aVILA 0-VL ,39�- 201 M -e � Notary Public in and for the State of Kansas _ NOTARY PUBLIC State of Kansas MAHLET AYEL My Appt.ExP.6� y r/Z 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 HA AN�D� SEAL OF OFFICE this�day of �' Notary Public in and f the State of Kansas OTARYPUgUIC-State oiKansas MAHLET gYELE MY APPt.Exp. �1 6 M&C Revi6w Official CITY COUNCIL AGENDA FORTWORTII COUNCIL ACTION: Approved on 31262013 DATE: 3/26/2013 REFERENCE C-26173 LOG NAME: 17NEZ2736SANDAGE NO.. NON- 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 2736 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 2736 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 10, 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 2736 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$262,000.00 to construct an approximately 2,663 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18216&councildate=3/26/2013[04/16/2013 1:34:59 PM] M&C Review amount of$2,240.10 per year for a total amount of$11,200.50 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 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 2736 Sandage Elevation 2.pdf 2736 Sandage Ave NEZMapsforCouncil.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18216&councildate=3/26/2013[04/16/2013 1:34:59 PM]