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Home My WebLink AboutContract 36938-CA2 CITY SECREtARY CONTRACT I Z, ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment nmcnt cif Tax Abatement Agreement 's made and entered Into by and between. Impression ssion omen, L.L.C., ("Assignor") and Kelvin Jarnigan and Della, arni an, "Assignee'" and the City of Fort Worth, ("City") CIS A. Waterview Mates, .P., pars Investment, Inc., General Panne "Watcrvie v" and the City of Fort Worth, 1'exas.. the "City"') entered into that certain Tax Abatement Agreement ("'Agreement") for Property Located 5601 Grenada Drive :dot I I; Block I 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 117'3, Plat Records, 'Tarrant County, Texas ("Property" which is located in the Lade Arling,ton Neighborhood Empowerment Zone, such Agreement appr+ ved by the City Council of Fort Worth November 6, 2007, City Secretary Contract tract Number 36938 ("Agreement reement� B. Pursuant to that certain Special Warranty Deed dated as of January 10, 2013, recorded under Tarrant County Decd Records, Waterview conveyed the Property to Assignor and Assignor acquired title to the Property which is the sub , t of the Agreement: C Section 5 of the Agreement permits Wa,terview to assign all of,its rights under the Agreement to Impression Homes, L.I .C., ("Impression"), without obtaining the prior consent of the City Council: D. Waterview assigned the Agreement to Impression Assignor, such Agreement is dated January 10, 2013 City Secretary Contract Number 36938-CAI.- E. Pursuant t o that certain Special Warranty recd dated as o.-f* March 22, 2013, recorded Linder Tarrant County recd Records, Assignor conveyed the Property to 1 elvin Jarnigan and Della J igan and Assignee acquired tithe 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 x he 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 ackj-iowledged, the parties hereby agree as follows. F, OFFICIALL RECORD RECEIVED APR 2013 CITY SECRETARY =FTWORTH9 TX Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations, title and interest under the Agreement to Assignee., 2. A,c,c,otance. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations, arising under the Agreement. 31. Effective Date. The effective date of this Assignment i's March 22, 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 11 and all rights, duties and obligations arising, accruing or relating to, the period thereafter shall be allocated to Assignee. 4. Release and Surrender of-Assn Rnor. 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: 9 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. ith Assignee that ., warrants and covenants w as of the Effective Date, -that Assignor is not in default under any of its obligations con tai ned 'in the Agreement. 1% y- 6. City oi Fort Worth's, Consent. City of Fort Worth 'hereby consents 'to this Assignment, upon the term,s, 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 wiy subsequent breach of the ten-s mid 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. 'I he addresses set forth below supersede any addresses for notices set forth in the Agreement. CITY OF FO RTC City of Fort Worth Housing, & Econorpie Development Department Neighborhood Empowerment Zone Program I 0010'ThrockmOrton Fort Worth, Texas 76102 ASSIGNOR-., Impression Homes, L.L.C. P.O. Box 1838 Keller, Texas 76244 ASSIGNEE: Kelvin and Della Jarnigan ,5601 Grenada.Drive Fort Worth, Texas 761 8. Successors,. Except as herein otherwise provided, this Assigriment 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. Bind,in fe r. This Assignment will be not be binding until executed and lg 0 f delivered by all three parties. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written,. ASSIGNOR: Impressio H mes', L.L.0 Nam nice Hei linen - Title: Mona girip, Member ASSIGNEE.- Kelvin Jarnigan A lid Name. in Jam lgkn ASSIGNEE.- Della Jamigan Name-, Della J i an 3 CITY OF FORT WORTH /Jtj,/ Fernando Co sta Assistant City Manager A ATTEST. 04 ...ry 0 0:9 ki 4 ary I ecretary 0� .. 0000 �. APPROVED AS TO FOR AND LEGALITY: Melinda nda Ra os Assistant City Attorney M& C: -2251.4 SECRETARY'OFFICIAL RECORD CITY I FTo WORTH,TX 4 STATE OF TE XAS § COUNTY TA NT BEFORE ME, the undersigned authority., on this day personally appeared Fernando Costa, Assistant City Manager of the CITY 01F 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. 100.7 GJ11VEN UNDER MY HAND AND, SEAL OF OFFICE -thi's day of 120131. Z:�Y::4 .......... 4otart' Public In and for the State of Texas a EVONIA DANIIELS My r'OMMISSION U(pinEoc, July 10,P-013 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, ana 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 "I"exas limited liability company'. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z'L day of 2013. zo� t V0 y Public in or t eSttate of Tex 0%RZ All I D 0 N J,1"'r' r ec.i j u,n e 2 . ....A. 'Noy 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME the undersigned authority, on this day personally appeared Nelvin Jarnigan, known to me to be the person whose name is subscribed to the foregoing 0 instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, 'in the capacity 'therein state... AL GIVEN UNDER MY HAND AND SEAL O' OFFICE this day of 2013. of ublic in. t "I 5tate of TexZ9 Ps[Z A I'vo!D 0 1 JACKSON sJ 0 Jlt) y ll,, m xPires y c ni ry c)f i STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Della Jamigan, 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 0 - J expressed 9 in the capacity therein stated. GIVEN UNDER MY ND AND SEAL OF OFFICE this "01 day of 1 0 1 A. 3 Nj ary u lic in an r t te t te of Texas B ANI D 0 N JACKSON of Fexas rz ju,ri e 2 4, 2016 6