The URL can be used to link to this page

Home My WebLink AboutContract 36841-CA2 CITY SECRSTAW CONTRACT NO.. ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between CTMGT Waterview Estates FL-I, LLC, ("CTMGT"), ("Assignor") and Impression Homes, L.L.C., ("Assignee")and the City of Fort Worth, ("City") RF;CITAI,S 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 at 5432 Grenada Drive ; Lot 23; 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 36841 ("Agreement") B. Section 5 of the Agreement permits Waterview to assign all of its rights under the Agreement to CTMGT,without obtaining the prior consent of the City Council: C. Waterview assigned the Agreement to CTMGT, Assignor, such Agreement is dated September 27, 2013,City Secretary Contract Number 36841-CAI. D. Pursuant to that certain Special Warranty Deed dated as of March 7 2014, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Impression Homes, L.L.C. and Assignee acquired title to the real property, which is the subject of the Agreement. E. 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 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. m2. Acceptance. Assignee hereby accepts the Assignment ,granted herein, and assumes all n of Assignor's rights,duties and obligations arising under the Agreement. m my 3. Effective Date. The effective date of this Assignment is March.? 2014, ("Effective Date"). All rights, duties and obligations under the Agreement arising, accruing or z relating to the period before the Effective Date are allocated to Assignor and all rights, r? v Assignment of Tax Abatement Contract 936841-CAI from OFFICIAL RECORD CTMGT Waterview Estates FL-I,LLC to Impression Homes,L 1 CITY SECRETARY FT.WORTH,TX 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 pn 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 Housing and Economic Development Department(NEZ) 1000 Throckmorton Fort Worth,Texas 76102 ASSIGNOR: ASSIGNEE: CTMGT Waterview Estates,FL-1,LLC Impression Homes,L.L.C. 3901 Airport Freeway, Suite 200 P.O.Box 1838 Bedford,TX 76021 Keller,Texas 76244 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. Assignment of Tax Abatement Contract#36841-CA I from CTMGT Waterview Estates FL-1, LLC to Impression Homes,LLC 2 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. CITY OF FORT WORTH Fernando Costa Assistant City Manager STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, .Assistant City Manag¢r of the CITY OF FORT WORTH, a municipal corporation, kno,Am 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, GIV, �1 UNDER MY HAND AND SEAL OF OFFICE this o f- day of 2014. 4�k N ary Public in and for the State of Texas ``'p' PV9l�i EVONIA ffECS Notary Public, tote of Texas 9,•...w+y,� My Commission Expires w7� July 10, A 1 1 2017�� 000000 � 1 I .� -' '. 1%. .. ar Kay KiySerkary V 8 1 00 y APPROVE AS TO OR.M AND LEGAL ' % jN00000000 F�°l45 Melinda Ramos Assistant City Attorney M&C:C- 2514 OFFICIAL RECORD CITY SECRETARY WORTH,TX Assignment of Tax Abatement Contract#36841 A 1om. CTMGT Waterview Estates FL-I,LLC to Impressinn Homes,T:_ . 3 ASSIGNOR: CTMGT Waterview Es tes FL-1,LLC Name: eh dad Moa e i Title: ✓Managing Member STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally'appeared Mehrdad Moayedi, Managing Member of CTMGT Waterview Estates FL-1, 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 CTMGT Waterview Estates FL-1,L.L.C. GIVEN L'NI)ER *^Y HANT1 AND SEAL OF OFFICE this 114' day of arcl.l ,2014, - ip(41t Y: ar LAURA L WADExpires P otary ublic in and for My Commissiothe State of Texas _ July 14,2 �UR ICy� ASSIGNEE: Impression Homes,L.L.C. Name: Bruce Heikkinen Title: Managing Member STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned autho , on this day personally appeared Bruce Heikkinen, Managing Member of Impressio omes, L.L.C., known to me to be the person whose name is subscribed to the foregoin - strument, and acknowledged to me that he executed the same for the purposes and consi ration therein expressed, in the capacity therein stated. GIVEN ER MY HAND AND SEAL OF OFFICE this day of ,2014. Nota ublic in and for the State of Texas OFFICIAL RECORD Assignment of Tax Abatement Contract#36841-CAI from CITY SECRETARY CTMGT Waterview Estates FL-1,LLC to Impression Homes,L C FT. WORTH, TX 4 ASSIGNOR: CTMGT Waterview Estates FL-I, LLC Name: Mehrdad MoUcdi Title: Manaaing_Member STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on t ' day personally appeared Mehrdad Moayedi, Managing Member of CTMG1T Watervi Estates FL-I, L.L.C., known to me to be the person whose name is subscribed to foregoing instrument, and acknowledged to me that he executed the same for the pu ses and consideration therein expressed, in the capacity therein stated and as the act a deed of CTMGT Waterview Estates FLA, L.L.C. GIVEN i11VD MY HAND AND SEAL OF OFFICE this day of ,2014. Notary Aublic in and for the State of Texas ASSIG E: mpres on Homes,L.L,C. Na Bruce Heikkinen Title: Managing Member STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Bruce Heikkinen, Managing Member 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. GIVEN LNNDER MY HANDD AND SEAL OF OFFICE this day of �re.k-) _,2014. < _._ `°°°""" NIKKI JACKSON h .ate'.• ��,> cNotary P iblic, State of Texas My comrnission Expires February 16, 2016 No is in and r ---� the State of Texas Assignment of Tax Abatement Contract#36841-CAI from CTMGT Waterview Estates FL-I, LLC to Impression Homes,LLC 4