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Home My WebLink AboutContract 36956-CA3m r" r1ol C, 7-7 ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Impression Homes, L.L.C., ("Assignor") and Gary Leon Elliott Jr. and Robin Elliott, ("Assignee") and the City of Fort Worth, ("City") RECITALS p,. Waterview Estates, L.P., Pars Investment, Inc., General Partner ("Waterview") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 5749 Maui Drive ; Lot 9; Block 5; Waterfront at Enchanted Bay; an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded and filedinvCabis et A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property" ) h located in the Lake Arlington Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 6, 2007, City Secretary Contract Number 36956 ("Agreement") B, Section 5 of the Agreement permits Waterview to assign all of its ts und trout the Agreement to CTMGT Waterview Estates FL-1, LLC ( CTMGT), ` obtaining the prior consSecretary Contract Number 36956 CAlof the City Council, such ement is dated ent September 27, 2013, City Co Section 5 of the Agreement permits CMGT to assign all of its rights under the Agreement to Impression Homes, L.L.C. ("Impression"), without obtaining the prior consent of the City Council: D. CMGT assigned the Agreement to impression p1Numbe 36956-CA2eement is dated December 4, 2013, City Secretary Contract E. Section 5 of the Agreement permits Assignor to assign all of its rights under the ithout obtaining the prior consent of the City Council: Agreement to Assignee, w F. Pursuant to that certain Special Warranty Deed dated as of March 13, 2014, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Gary Leon Elliott Jr. and Robin Elliott and Assignee acquired title to the real properly which is the subject of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual terms and conditions herein i contained and other good and valuable consideration, the receipt and sufficency of which are hereby acknowledged, the parties hereby agree as follows: Assignment of Tax Abatement Contract #36956-CA2 from Impression Homes, LLC, to Gary Leon Elliott Jr. &Robin 1 ,_�ls lK � I� J,G 1. Assig_ment• Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all ons, title and interest under the Agreement to Assigneev rights, duties, obligati 2. ignee hereby ntg sing under the Agreemenent granted herein, ts assumes Acceptance. Ass ssss all of Assignor's rights, dies and obligations a 3. Effective Date. The effective date of this Assignment is March 13, 20145 ("Effective Date"). All rights, duties and obligations under the Agreement arising, accruing or relating to the periods ons arisingfore the , accruingctive eor relating are etotAssignor the and all rights, duties and oblig thereafter shall be allocated to Assignee. 4. Release and Surrender of Assignor. Except as otherwise lex her obligationset forth othin his Assignment, Assignor will be discharged from any an st surrender the Property to the Agreement as of the Effective Date. Assignor mu the Assignee on or before 11:59 P. in. on the date prior to the Effective fixtures ate in its present condition. Assignor relinquishes any g an Y or equipment on the Property. s warrants and covenants nee that 5. Representations Assignor represent is not in default under aI any of its th sobgligations as of the Effective Date, thatAssignor contained in the Agreement. 6. ChY of Fort Worth's Consent. City of Fort h hereinWorth h Unless and until City of Assignment upon the teeby consents to this rms and conditions set f ssignment, this Assignment is of no effect the Fort Worth has executed this A construed as consent to any further assignment consent granted herein should not be except as provided in the Agreement. The failure or delay of City of Fort Worth in of the Agreement or this Assignment should not seeking to enforce any provisions 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 ices set forth in the Agreement. supercede any addresses for not CITY OF FORT WORTH: City of Fort Worth Housing &Economic Development Department Neighborhood Empowerment Zone Program 1000 Throckmorton Fort Worth, Texas 76102 Assignment of Tax Abatement Contract #36956-CA2 from Impression Homes, LLC, to 2ary Leon Elliott Jr. &Robin Elliott. ASSIGNEE: ASSIGNOR: Gary Leon Elliott Jr. &Robin Elliott Impression Homes, L.L.C. 5749 Maui Drive P.O. Box 1838 Fort Worth, Texas 76119 Keller, Texas 76244 8. successors, Except as herein oth�h lsaprovidnd theirthis Aedq respective hent e s, executors) upon and Inure to the benefit of p administrators, successors and assigns. g. Counte arts. This Assignment may be executed in multiple counterparts, each of which, once executed, will c be counterparts artsglnal and together f constitute one and the partieson the same so executing; and all such � agreement* ill be not be binding until executed and 10. Binding Offer. This Assignment w delivered by all three parties. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. ASSIGNOR: ImprVsion H s, L.L.0 Name: Bruce Heikkinen Title: Mana in Member STATE OF TEXAS § COUNTY OF TARRANT § EFORE MEthe undersigned authority, on this day personally appeared Bruce B, Heikkinen, Managing Member of Impression Homes, L.L.C.known to me to bet e person whose name is subscribedeto th o e$ and gons'deration therand acknowledged in expressed, in the that he executed the same forpurposes L.L.C. a Texas capacity therein stated and as the act and deed of the Impression Homes, limited liability company. GIVEN UNDER MY HAND Notary ublic .gin and for the State of Texas AND SEAL, OF OFFICE this � day of Kul jpci<soN Notary P�biic, State of Texas My Commission Expires February 16,2016 Assignment of Tax Abatement Contract #36956-CA2 from Impression Homes, LLC, to 3ary Leon Elliott Jr. &Robin Elliott. ASSIGNEE: Gary Leon Elliott Jr. Name: STATE OF TEXAS § COUNTY OF TARRANT § ASSIGNEE: Robin Elliott Name: Robin Elliott BEFORE ME, the undersigned authority, on this day personally appeared Gary Leon Elle to be the persons whose names are subscribed iott Jr., and Robin Elliott, known to to me that he executed the same for the to the foregoing instrument, and acknowledged purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND � 2014. ab11c m a of Texas CITY OF FORT WORTH Fernando Costa Assistant City Manager ATTEST: APPROVED AS TO FORM AND Assistant City Attorney M & C: C-22514 SEAL OF OFFICE this t3 day of AND V li BRANDON JACK50N Notary PuDlic, State of Texas My Commission Expires June 24, 2016 Assignment of Tax Abatement Contract #36956-CA2 from Impression Homes, LLC, to 4ary Leon Elliott Jr. &Robin �FF�C�pL RECORD l��y SECRETARY FT, WORTH, TX 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 orporation, corporation, known to me to be the person and officer whose name is subscribed to he me that the same was the act of the said foregoing instrument, and acknowledged ici al corporation, hat he was duly authorized CITY OF FORT WORTH, TEXAS, p to perform the same by appropriate Mayor and Council Communication of the City xecuted the same e said Council of the City of Fort Worthdt tt hhere e as the act of t expressed and in the capacityhhere'm City for the purposes and consideration stated. UNDER MY HAND tart' Public in and for the State of Texas SEAL OF OFFICE this ��day of E pNlq DANIEIS Notary Pubilic, State of i esas MY COm 11U1on 2011 Ju1Y _..r Assignment of Tax Abatement Contract #36956-CA2 from Impression Homes, LLC, to nary Leon Elliott Jr. &Robin RECORD CITY gECRETAR� F1'. WORTH, TX