HomeMy WebLinkAboutContract 36798-CA2 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 Karen M. Johnson,
("Assignee") and the City of Fort Worth, ("City")
RECITALS
A. 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 5504 Grenada Drive ;
Lot 29; Block 3; Waterfront at Enchanted Bay; an Addition to the City of Fort
Worth, Tarrant County, Texas, according to the plat recorded and filed in Cabinet
A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property") which is
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 36798 ("Agreement"):
B. Pursuant to that certain Special Warranty Deed dated as of November 29, 2012,
recorded under Tarrant County Deed Records, Waterview conveyed the Property
to Assignor and Assignor acquired title to the Property which is the subject of the
Agreement:
C. Section 5 of the Agreement permits Waterview 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. Waterview assigned the Agreement to Impression Assignor, such Agreement is
dated November 29, 2012 City Secretary Contract Number 36798-CA 1:
E. Pursuant to that certain Special Warranty Deed dated as of February 27, 2013,
recorded under Tarrant County Deed Records, Assignor conveyed the Property to
Karen M. Johnson and Assignee acquired title to the real property which is the
subject of the Agreement.
F. 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:
AGREEMENT
c�
M NOW THEREFORE, in consideration of the mutual terms and conditions herein
contained and other good and valuable consideration, the receipt and sufficiency of which
d are hereby acknowledged, the parties hereby agree as follows:
LID
Assignment of Tax Abatement Contract#36798-CA I fro
7- -
OFFICIALR®Impression Homes, LLC to Karen M. Johnson �1 ��X
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 February 27, 2013
("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. 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
supersede any addresses for notices set forth in the Agreement.
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 H36798-CA 1 from
Impression Homes, LLC to Karen M. Johnson
2
ASSIGNOR:
Impression Homes, L.L.C.
P.O. Box 1838
Keller, Texas 76244
ASSIGNEE:
Karen M. Johnson
5504 Grenada Drive
Fort Worth, Texas 76119
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 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.
ASSIGNOZ1 . mes, L.L.0
6
a e.
Title: A ho ized Agent
ASSIGNEE: Ka M. Johnson
Name: Karen . Johnson
Assignment of Tax Abatement Contract#36798-CAI from
Impression Homes, LLC to Karen M. Johnson
3
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
ATTEST:fiq All'
eo
O O
a
Aar Kayser, 04 c etar $�
4°
APPROVED AS TO FORM AND LEGALITI':'
j
Melinda Ramos
Assistant City Attorney
M & C: C-22514
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 day of
2014.
itary Public in and for .++Y+P�.,,, EVONIA DANIELS
the State of Texas : = Notary publIC,state ofj exos
y Cammisslon Exp
,,;�•.• July 10, 2017
gryljj 741
OFFICIAL RECORD
Assignment of Tax Abatement Contract#36798-CAI from CITY SECRETARY
Impression Homes, LLC to Karen M. Johnson a WORTHS TX
4
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Holly
Arestides, Authorized Agent of Impression Homes, L.L.C., 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 the Impression Homes, L.L.C. a Texas limited
liability company.
G VEN TINDER MY HAND AND SEAL OF OFFICE this day of
, 2014.
otary Public in and for LAURA HARRINGTOA1.
the State of Texas MYCOMMISSIONEXPIRES j
n „ Est 1,2016
,STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Karen M.
Johnson, 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.
WFotai�yy'Pubfic
UNDER MY HAND AND SEAL OF OFFICE this day of
, 2014.
01
in and for 'f LAUFAHARRINGTON
the State of Texas ?1 MY COMMISSION EXPIRE': �
Rt Wt 1,2016
Assignment of Tax Abatement Contract#36798-CAI from
Impression Homes,LLC to Karen M. Johnson
5