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Home My WebLink AboutContract 43852-CA1 C"SCO CON"" ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement tement Agreement is made and entered into by and between A. Glen Mace & Ricci N. Mace ("Assignor") and Steve Cleer, ("Assignee") and the City of Fort Werth, ("City") RECITALS A. A. Glen and Ricci . Mace and the City of Fort Werth,Texas (the "City" entered into that certain Tax Abatement Agreement " reement for Property Located at 1 508 Washington Aveune, Lot 3, Block 2, L yds Addition, in the City of Fort Werth, Tarrant County, Texas, and as shown on the Plat recorded In Volume 106, Page 1 0, Plat Records, Tarrant County, Texas ("Property"'), which is located ln. the Magnolia Ville Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Werth July 17, 2012, City Secretary Contract Number 43 852 ("Agreement"): . Section 5 of the Agreement pe its 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 July 12, 2012 recorded under Tarrant County :Deed Records, Assignor conveyed the Property to, Steve Cloer, and Assignee acquired title to -the real property, which is the subject of the Agreement. AGREEMENT Off" ER E FORE. in consideration of the mutual al terms and conditions herein contained and ether good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Assi gent. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations, title and interest under the Agreement to Assignee. 2. Ace nc,e. 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 July 12, 2012 ("Effective v'e 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. ()#:14CIAL RECORD R�C�IVED 2013 A Release and Surrender of Ass,ianor. 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 I 1:5 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. a A 0 5. RoresenTations. 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. 'Ci t f 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 Worth in see king 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 addres,ses, set forth below supercede any aactresses, for notices set forth in the Agreement. CITY OF FORT WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton FortWorthl, Texas 76102 ASSIGNEE: Steve Cloer 1508 Washington Avenue Fort Worth, Texas 76104 ASSIGNOR: Glen & Ricci Mace 4225 Shadow Drive Fort Worth, Texas 76116 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 as,signS,. 2 9. Counte "17his 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 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: A. Glen& Ricci N. Mace Name: A. G n Mace NamT.0 e,-. -Rlcci N. Mace 010 1 J^ ASSIGN , E:1 Stev%.. 000-N -0000"- SIGLE: S1 ame: Steve Cloer 3 FORT' T wra•.iwe h Femando� Costa Assistant City Manager Alk ATTEST: d c ty S ret 0000 APPROVED AS TO FORM AND LEG L r r Melinda Ramos Assistant City Attorney -25744 OFFICIAL RECORD Or y 4 STATE OF TEXAS COUNTY OF TAR RANT FORE ME, the undersigned authority, on this day personally appearred, Fernando Costa Assistant City Manager of the CITY OF FORT WORT H, 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 a th n; e to perform the same by appropriate Mayor and Council Communication ication of the City Council of the City of Fort Worth and that he executed the same as the acct of the said City for the purposes and consideration therein expressed and in the capacity therein, stated. GIVEN UNIT ER MY HAND AND SEA F' OFFICE this " day, of 2013. It/-4� % v EVONIA DANIEL y � M m��; MY l("'oMMISSION E,XPjFjE,S NRary Public in and for J*10,2013 the State of Texa s t STATE OF TEXAS COUNTYOFTARRANT BEFORE ME,, the undersigned authority, on this day personally appeared A. Glen Mace, own to me to be the person whose name is subscribed to the foregoing instrument,, and acknowledged to me that be executed the same for the purposes and consideration therein ex ressed, in the capacity therein stated. (:3-,tv ER MY HAND AND SEAL OF OFFICE this day of' - 0 LN 3. NotSA4u ic the State of Texas SAH I ODLE SSION EXPIRES MY COMMI Nowtor 5,2015 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Ricci N. Mace, 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 DER MY HAND AND SEAL OF OFFICE thi's ay of IN 2 3. I A IL i c blin an or N067-1111 4 the State of Texas SARAH J.OME MY COMMISSION EXPIRES NmMW 51,2015, STATE OF TEXAS CO'UNTY OF TAR NT BEFORE ME, the undersigned authority, one this day personally appeared Steve Cloer 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 ty therein stated. GIVEN UNDER MY H. AND SEAL OF OFFICE this day of 3 21 3. L Notarkftblic 'in and r W WAO the State of Texas, Viµ. MY COMMISSION,EXPIRES Novedw 5,2016 6 n" Jai the� Fob � '1 T�xa, �I N r, v r 1 r ,. •r. fM 4 w " ►,. '~ IMP dip "� AV wM � ASP � � ■e!� ?�. r � r • � ,� � �,. � A'M .M, � .M MMr a AIM AM. d11M AMM AM rY. r. .IM :AIM 96 so w,w IF �.. AS A 40 AM : may.gM • .AM Ar AM Aw dM ANM, M► k.�, IM Mr -., .� ` •. ,yam. ,. y�... go w r+ "M AM rr " ar ar ` 1A lop .Y Mw AM �e w� ,�" � � �.. 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