HomeMy WebLinkAboutContract 42253-CA1 CITY SECRETARY
CONTRACT NO,
L-1
ASSIGNMENT OF TAX ABATEMENT AGREEMENT
This Assignment of Tax Abatement Agreement is, made and entered into
by and between Shawn F" to "Ass gnor") and Michael Scott Freeland and Virginia Gayle
Freeland, ("Assignee") and the City of Fort Forth, ("City")
RECITALS
A. Shawn Fite and the City of Fort Worth, Texas (the "City") catered into that
certain ax Abatement Agreement ( for Property Located 1710 5th
Avenue, Bloc,k 7, Lots 27 and 28, Fairmount, Addition err Addition to the City of
Fort Worth, Tarrant Cou ty, Texas, according to the plat recorded in Volume 63,
Page 25, of the Plat Records of Tarrant County, Texas "P,rcperty"' which is
located in the Magnolia Village Neighborhood Empowerment Zone, such
Agreement approved by the City Council of Fart Worth July 26, 2011, City
Secretary Contract Number 42,253 ("Agreement"l-
B.
Section 5 of the Agreement permits Assignor to assign all of its rights under the
Agreement tc Assignee, without obtaining the prior consent of the City Council
C. Pursuant to that certain Special Warranty Iced dated as of August 1, 2 12
recorded under Tarrant County deed Records, Assignor conveyed the Property to
Michael Scott Freeland and Virginia, Gayle Freeland and Assignee acquired title
to the real property, which is the subject of the 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 fdilcws
. A * ment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all
rights, duties, obligations, title and interest sunder the Agreement to Assignee.
2. Acce Lance Assignee hereby accepts the Assignment granted herein, and assumes
all of Assignor's rights, duties and obligations arising under the Agreement.
3. Effective Irate. The effective date of this Assignment is August 1, 2012
('"Effective Date"). All rights, duties and obligations under the Agreement arising,
accruing or relating to the period before the Effective rate are allocated to Assignor
and all rights, duties and obligations arising, accruing or relating to the period
thereafter shall he allocated to Assignee.
OFFICIAL RECORD
REC CITY SECRETARY
Tlv�n MAY FT,WORTH,, 20jj
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4. release and Surrender of Ass or. Except as otherwise express, y :yet forth in this
Assignment, Assignor will he discharged from any and all further obligations under
the Agreement as of the Effective Date. Assignor must surrender the Property" to
the Assignee can or before :59 p. rn on the date prior to the Effective Date in its
present condition. Assignor relinquishes any night to any improvements,ents, natures, or
equipment on the property.
5. R resentations. Assignor represents, warrants and covenants with Assignee that
,s of the Effective ate, 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 Werth in
seeking to enforce any provisions of the Agreement or this Assignment should not
he 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 roust he given in'the
manner required under the t Agreement. The addresses set forth below superee e
any addresses for notices set forth in the Agreement.
CITY OF FORT WORTH:
City of Fort Worth
Housing& Economic Development Department
NE,Z program
1 000 Throckmorton.
Fort Worth, Texas 76102
ASSIGNEE:
Michael Scott Freeland and Virginia. Gayle Freeland
4944 esthriar Drive
Fort Worth, Texas 76109
ASSIGNOR:
Shawn Fite
2828 River Forest Drive
Fort Worth, Texas 7 6
8. Successors. Except as herein otherwise provided, this Assignment will he binding
upon and inure to the benefit o f the parties, and their respective heirs, executors
administrators, successors and assigns.
2
9. CountgWarts. This Asst neat may be executed in multiple counterparts, each of
which, once executed, will be an original and fully- ng 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.
ASSIGNOR: Shawn Fite
Name: Shawn Fite
ASSIGNEE: Michael Scott Freeland and Virginia Gayle Freeland
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Name.- Michael Scott Freeland
�Tm-We:VVirp,inia Ga eeland
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CITY OF FORT' WORTH
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Fernando Costa
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY:
ITY
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Melinda Ramos
Assistant City Attorney
C-0 C-25069
EOFFICIAL R,ECOIRD
FFIC
CITY SECRETARY ,
FT. WORTHI TX
STATE OF TEXAS §
COUNTY OF TA ANT §
BEFORE, ME, the undersigned authon*ty, 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
ci"t"y OF FORT WORTH, TEXAS, a municipal corporation,, that he was duly authon*zed
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
2013.
�A0ary Pubfic'i in and for
141 110jo,
the State of Texas %0
EVONIA DANIELS
MY COMMISSION EXPIRES
July 1 Oo 2013
STATE OF TEXAS
COUNTY OF TA ANT
BEFORE ME, the undersigned authority, on this day personally appeared Shawn Fite,
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 DE AY HAND AND SEAL OF OFFICE this day of
U ,
2013.
Notary in and for
the State of Texas
SHEILA HERD
RD
Notary Public
S
STATE OF TEXAS
io 2/13/2�1 5
OF Commission Expires 02/13/2�01 5
5
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Michael Scott
Freeland, 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 UNDER MY HAND AND SEAL OF OFFICE this day of
2013.
1111�'Sijj jv-i
Notary PuaCl� k for
the State of Texas
JENNIFER A.ROGERS
MY COMMISSION EXPIRES
Jawary 9,2017
STATE OF TEXAS
COUNTY OF TA ANT §
BEFORE ME, the undersigned authority, on this day personally appeared Virginia Gayle
Freeland, known to me to be the person whose name is subscribed to -the 'foregoin
instrument g
,, and acknowledged to me that he executed the same for the purposes, and
consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Notary Public An'and-U
the State of Texas
JENNIFER A.ROGERS
I*z-
My COMMISSION EXPIRES
see*
January 9,2017
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DATE: 7/406/2011 R,E F E R E E C-250169 LOG NAME.- 17NEZ117105THAVENUE
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CONSENT HEARIN".,
�SUBJECT.- Authorize Five-Year Tax Abatement Agreement with Shawn Fite:for Property Located at
17'10 5th Avenue in the Magnolia V'il�liage Neighborhood Empowerment Zone (C,OU NCIL
DISTRICT 9)
RECOMMENDATION,-
It is,recommended t t the City Council, authorize the City M:alnage�r to enter into a five-�year Tax
Abatement Agreement with Shawn Fite for the property at 1710 51th Ave,n�ue in the Mag�n�olia Village
Neighborhood Empowerment Zone in accordance w,ith the Neighborhood, Empowerment Zone Tax
Abatement Pollic�y and Basic Incentives.
DISCUSSION,:
Shawn Fite(Property Owner) is the owner of the property described, as Block 7, Lots 27 and 28,
Fairmount Addition an Addition to the City of Fort Wolrth, 'Tarr�an�t County, Texas, according to the plat
recorded in Volume 631, Page 25y of the Plat Records of'Tarrant County, Texas, at 1710
5th Avenue, Fort Worth, Texas., The property is located within the Magnolia Village Neighborhood
Empowerment Zone (NEZ) and the, Fairmount/Southside Historic District. On May 9, 2011, the
Historic and Cultural Landmarks Commission approved a Certificate, of Appropriateness for the
construction, of a single family residential structure at, 1710 5th Avenue.
The Property Ow�ne�r plans to invest,an estimated $80,000.00 to construct an approximately 2,261
square foot single family residence (Project). The Project will be sold as a primary residence.
The Housing and Economic Development Department reviewed the a,pplic,atilon,and, certified, that the
property owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives includes a five-year Municipal Property Tax Abatement on the
increased value, of improvements to the qualified owner of any new construction or rehabilitation,
wi�thi�n the NEZ,.,
Upon execution of the Agreement,, the to�tal assessed value of the improvements used for calculating
municipal property tax will be fro�zen for a period of five years, starting January 201,2 at the estimated,
pre-ilmiprove�ment value as defined by the Tarrant Appraisal District(TAD) on June 27, 2011, for the
property as follows:
Pre-Improvement'TAD 'Value of Improvements $0.00
Pre-Improvement Estimated Value of Land $31 01.00
Total Pre-improvement Estimated Value $31,700.00
The municipal, property tax, on the improved,value of Project after construction is estimated at
$684.00, per y�ea,r, for a total of$3,,420-00 over the five-year period. However,, th,is est,imate may differ
from the actual tax abatement value, which will be calculated based on the Tarrant Appraisal District
appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new
ownerls,first mortgagee or a new homeowner as their primary residence. All other assignments must
be approved by the City Council.
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This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATIONMERTIFICATION,a
The Financial Management Se�rvices, Director certifies that this action will have no material effect on
City funds.,
TO Fund/Accomit/Centers EROM Fund/Accolunt/Centers
Submitted for CiV,Manager's Office by:. Susan,Alanis. (81 80)
00ginating,Department Head: Jay Chapa (58O4,)
Additional Information Contact:. Sarah Odle (7316)
ATTACHMENTS
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