HomeMy WebLinkAboutContract 40215-CA1 (2),.
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ASSIGNMENT OF TAX ABATEMENT AGREEMENT
This Assignment of Tax Abatement Agreement is made and entered into
by and between Casement Homes, LLC ("Assignor") and Adam M. Joosten and Erica R.
Joosten, ("Assignee") and the City of Fort Worth, ("City")
RECITALS
A. Casement Homes, LLC and the City of Fort Worth, Texas (the "City") entered
into that certain Tax Abatement Agreement ("Agreement") for Property Located
1728 Lipscomb Street ("Property") which is located in the Magnolia Village
Neighborhood Empowerment Zone, such Agreement approved by the City
Council of Fort Worth April 27, 2010, City Secretary Contract Number 40215
("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 December 10, 2010,
recorded under Tarrant County Deed Records, Assignor conveyed the Property to
Adam M. Joosten and Erica R. Joosten 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 December 10, 2010
("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
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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
Housing & Economic Development Department
NEZ Program
1000 Throckmorton
Fort Worth, Texas 76102
ASSIGNEE:
Adam M. Joosten and Erica R. Joosten
1728 Lipscomb Street
Fort Worth, Texas 76104
ASSIGNOR:
Casement Homes, LLC
3312 Chaparral Ln.
Fort Worth, Texas 76109
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 Assigrunent as of the
date first above written.
ASSIGNOR: Casement Homes, LLC
Name: M E Curtiss
Title: Managing Member
ASSIGNEE: Adam M. Joosten
i
A Joosten
ASSIGNEE: Erica R. Joosten
Name: Erica R. Joosten
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CITY OF FORT WORTH
istant City Manager
ATTEST:
Marty Hendrix, �3' Secretary
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders
Assistant City Attorney
M & C: C-24190
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Susan
Alanis, 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 she 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 she 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 'oZ a" day of
jr 4j V\)
Notary Public in and for
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
LINDA M. HIRRLINGER
MY COMMISSION EXPIRES
February 2, 2014
BEFORE ME, the undersigned authority, on this day personally appeared M E Curtiss,
Managing Member of Casement Homes, LLC, 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 Casement Homes, LLC.
GIV�j UNDER MY HAND AND SEAL OF OFFICE this�y of
�W t � , 2010.
Notary Public in and for
the State of Texas
CHRISTI D. BAHR
Notary Public, State of texas
MY Commission Expires
Moran 179 2013
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Adam M.
Joosten, 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.
Notary Public in and for
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
HAND AND SEAL OF OFFICE this ay of
CHRISTI D. BAHR
Notary Public, State of Texas
My March 17t, 2013 n Expf es
BEFORE ME, the undersigned authority, on this day personally appeared Erica R.
Joosten, 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.
Notary Public in and for
the State of Texas
MY HAND AND SEAL OF OFFICE this /�a
Y
CHRISTI D. BAHR
Notary Public, State of Texas
My Commission Expires
March 17, 2013
of
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GENERAL WARRANTY DEED
(With Third Party Vendor's Lien)
THE STATE OF TEXAS
COUNTY OF TARRANT
THAT
CASEMENT HOMES, L.L.C., A TEXAS LIMITED LIABILITY COMPANY
hereinafter referred to as "Grantor" (whether one or more), for and in consideration of the sum of TEN
AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by
ADAM M. JOOSTEN AND SPOUSE, ERICA R. JOOSTEN
hereinafter referred to as "Grantee" (whether one or more), the receipt and sufficiency of which are hereby
acknowledged and confessed, and for the further consideration of the execution and delivery by Grantee of
one certain Promissory Note of even date herewith, in the original principal sum of
One Hundred Eighty -Two Thousand Two Hundred Fifty -Nine And Noll 00
DOLLARS ($182,259.00 ), payable to the order of
SHELTER MORTGAGE COMPANY, L.L.C.
hereinafter called "Mortgagee"; said Promissory Note being secured by a Vendor's Lien and the Superior
Title herein retained and reserved in favor of Grantor and assigned and conveyed, without recourse, to
Mortgagee, and also being secured by a Deed of Trust of even date herewith from Grantee to
Thomas E. Black, Jr. , Trustee, reference to said Promissory Note
and Deed of Trust being hereby made for all purposes;
Grantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND
CONVEY, auto Grantee, the following described real property, to -wit:
LOT 8, BLOCK E, OF BELLEVUE HILL ADDITION, AN ADDITION TO THE CITY OF FORT
WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
106, PAGE 39, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS.
together with all improvements thereon, if any, and all rights, privileges, tenements, hereditaments, rights of
way, easements, appendages and appurtenances, in anyway appertaining thereto, and all right, title, and
interest of Grantor in and to any streets, ways, alleys, strips or gores of land adjoining the above described
property or any part thereof (hereinafter referred to as the "Property").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances
thereto in any wise belonging, unto Grantee and Grantee's heirs or assigns FOREVER. Grantor does hereby
bind Grantor and Grantor's heirs, executors, and administrators TO WARRANT AND FOREVER
DEFEND all and singular the said Property unto Grantee and Grantee's heirs and assigns against every
person whomsoever lawfully claiming or to claim the same, or any part thereof.
But it is expressly agreed that Grantor reserves and retains for Grantor, and Grantor's heirs and assigns, a
Vendor's Lien, as well as the Superior Title, against the Property until the above described Promissory Note
and all interest therein have been fully paid according to the terms thereof, when this Deed shall become
absolute.
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WHEREAS, Mortgagee, at the special instance and request of Grantee, having paid to Grantor a portion of
the purchase price of the Property, as evidenced by the above described Promissory Note, Grantor hereby
assigns, transfers, conveys and delivers, without recourse, to Mortgagee said Vendor's Lien and Superior
Title against said Property to secure the payment of said Promissory Note, and subrogates Mortgagee to all
rights and remedies of Grantor nn the Properly by virtue thereof.
To the extent applicable to and enforceable against the Property, this Deed is executed, delivered and
accepted subject to the following: any liens described herein; ad valorem taxes for the current and all
subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership;
zoning ordinances, utility district assessments„ and standby fees, if any; all valid utility easements created by
the dedication deed or plat of the platted subdivision in which the Property is located, covenants and
restrictions connnon to the platted subdivision in which the Property is located, mineral reservations, and
maintenance or assessment liens (if any), all as
shown by the real property records of the County Clerk of the County in which said Property is located; and
any title or rights asserted by anyone (including, but not limited to, persons, corporations, governments or
other entities) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or to any land extending from the line of the harbor or bulkhead lines
as established or changed by any government or to filled -in lands, or artificial islands, or to riparian rights or
other statutory water rights, or the rights or interests of the State of Texas or the public generally in the area
extending from the line of mean low tide to the line of vegetation or the right of access thereto, or right of
easement along and across the same, if any.
The contract between Grantor, as the seller, and Grantee, as the buyer, may contain lunitations as to
warranties. To the extent said contract provides for such limitations to survive this conveyance, they shall be
deemed 'incorporated herein by reference. However, the warranty of title contained in this Deed is hereby
expressly excluded from any lunitations as to warranties contained in the contract referenced in this
paragraph.
When this Deed is executed by more than one person, or when Grantee is more than one person, the
instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and
when executed by or to a legal entity other than a natural person, the words "hens, executors and
administrators" or "heirs and assigns" shall be construed to mean "successors and assigns". Reference to any
gender shall include either gender and in the case of a legal entity other than a natural person, shall include
the neuter gender, all as the case may be. The tern "Mortgagee" shall include the Mortgagee's heirs,
successors and assigns, as applicable.
DATED the stn
ATTEST:
day Of December, 2010
CASEMENT HOMES, L.L.C., A TEXAS LIMITED LIABILITY COMPANY
By:
Nand
Title:
Secretary /Cashier
After Recording Return To Grantee
At GRANTEE'S MAILING ADDRESS:
ADAM M. JOOSTEN
1728 LIPSCOMB STREET
FORT WORTH, TX 76110
Page 2 of 3
The State of TEXAS
COUrity Of TARRANT
l�Tlus i istrui� Went was acicnowleded before me on th@�� of r' by
CASEMENT HOMES, L.L.C., A TEXAS LI ED LI BILITY COMPANY
My coimnission expires:
R TI D. BAHR
Notary Public, State of Texas
My Commission Expires
Mc rich 17, 2013 —
Notary Public
Notary's Name (printed)
Page 3 of 3