HomeMy WebLinkAboutContract 45196-CA1 CITY SE, TARP,
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CONSENT TO ASSIGNMENT OF Go ma NO,, L
TAX ABATEMENT' AGREEMENT
(CITY SECRETARY CONTRACT NO, 45196
This CONSENT TO ASSIGNMENT F CITY SECRErl"A Y CONTRACT
. 45196 ("Consent") 'is rna.de and entered into by and l tween the CITY OF FORT
WORTH ("City") a home rule municipal corporation organized under the laws of the State of
Texas, and CCLG Partners LLC, as managing ;agent for Texas Revues Exchange Holding
Company, LLC ("Assignor or Owner"), and CCLG Partners, LLC ("Assignee").
The following introductory provisions are true and correct and from the basis f this
Consent.-
A. On or about September 24, 2 13, the, City and CCLG Partners, LLC, as managing agent
for Texas Reverse Exchange Holding Company, LLC entered into that certain Tai. Abatement
Agreement on file in the City Secretary's Office as City Secretary Contract No. 45196 the
"Agreement"). Under the Agreement, CC G Partners, LLC, as managing agent for Texas
Reverse Exchange Holding Company, LLC agreed to construct a strip rna.11 for retail and
restaurant use (the "Required Improvements") on. certain land in the City (the "Land") in
return for ,a 5-year real property tax abatement on improvements located on the Land (the
"Abatement"), all as more specifically set forth in the Agreement. The Abatement was granted
Pursuant to the City's Neighborhood Empowe ent Zone Policy ("NEZ Policy").
B. Section 5 of the agreement allows an assignment to CCLG Partners, LLC or an Affiliate
without the prior consent of the City Council.
C. Assignor has sold its interest in the Land and Required Improvements to Assignee and to
assign all right, title and interest in the Agreement to Assignee.
NOW THEREFORE, in consideration of—the mutual terms and conditions h r i
contained and ether, good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1 The City hereby consents to an assignment by Assignor to .Assignee of all right, title and
interest granted to assignor by the Agreement, effective as of September 24, 2013,
("Effective c"ons"ent Date")-
2. The City consents to such assignment expressly upon the promise and covenant by
Assignee, and Assignee hereby promises and covenants to the City that as of the
Effective Consent date Assignee will comply with all duties and obligations of Over
set forth in the Agreement.,
e�.��ment 44 1 RECORD
Consent to Assignment f Tax Abatement Agreement �
from CCLG Partners LC, a,s managing agent for CITY SEC3,ETARV
Texas Reverse Exchange Holding Company, �LLC to CCLG Pa
Approved by M&C C-26479 6479 on September 24 1
1
3. Assignee understand and agrees that no act or ornission of Assign.or, whether on', before
or after the Effective Consent Date will serve to m*ti* ate any Abatement Amounts
1 g, �1
Term,s, and Conditions, set forth in Section 2 of the Agreement it any Event of Default
set forth in Section 4 of the Agreement. W
Nothing in thi's Consent shall be deemed to grant Assignee any rights under. the
Agreernent that are an addition to, or greater than those of the Owner thereunder.
5. All terms in this Consent 'that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WIrfNESS WHEREOF, the parties have executed this Assignment as of the Effective
Consent Date.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
STATE OF'TEXAS, §
COUNTY OF TAR NT §
BEFORE ME, the undersigned authority, 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 CITY OF FORT WORTH, TEXAS, a
municipal corporation, that he was duly authorized to perform the same by appropriate Mayor
and Council Con-u-nunication 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 the-rein stated.
OF OFFICE this day of
=GIVEN UNDER MY HAND AND SEAL
2014.
1"E'L S-"......
EVOMA DAN
Jw� LAJ,
ary Public in and fo"T
r7l rl P amp'imJV
0, 2 017
the State of Texas
Consent to Assigiu-nerit of Tax Abatement Agreement#451916
from CCLG Partners, LLC, as managing, agient for
Texas Reverse Exchange Holding, Company, LLC to CCLG Partners, LLC
Approved by M&,C C-26479 on September 24, 2013
2
m� n
ATTEST:
nar
J y a
0
T�fa ry IK a 4creta
APPROVED AS TO FOR-M AND t,,EGA-
liV
A
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v
Melinda Ramos
Sr. Assistant City Attorney
M & C: C-2 4
ASSIGNOR: CCLG Partners 1-,LC,
. as managing agent for
Texas Re �r e Exchange Holding Company LLC
Na4e: JWfj-cv A. Rattikin Aent
ASSIGNEE: CC G Partners, LLC by
Site Property Company, LLC, its Director
�<arne: Wid D. Draper,, Director............ OFFICIAL RECORD
7
a,l& O]RD
STAFF OF TEXAS
H 41 TX
COUNTY Off' TARRANT
.BEFORE ME, ter.undersigned authority, on this day personally appeared Jeffrey A. Rattikin,
President of Taxes Rev r se x h ge Holding Company, LLB;', know n to me to e the person
wi-base nar re is subscribed to the foregoing irr tr urnent, and acknowledged to me that he executed
the same for the pUrposes and consideration therein expressed, in the capacity therein stated.
Ilk EVEN DER N4Y HAND AND SEAL OFFICE t his day of
2013.
all MY COMMISSON1 EXPIRES
,
Notary Public Ire and fors ���I�w�k.1 May 4��
the State of Texas
Consent to Ass i nment of x Abatem er t Agreement
f-011.1 �'C"I., Partners, LLC, as managing acTent for
Texas Reverse Exchange -oVding Company, .PLC to CC1,G Partners, L,LC
Approved by M& C-26479 on September 24, 201.3
3
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the Undersigned aLlthority, oii this day personally appleared David D. 1')raper,
Director of Site Proper Director for CCLG Partners, LLC, known to me to be the
,I
person whose narne is subscribed to the foregoi-ng instrument, and acknowiedoed to vyie that he
Ln
executed the same for the purposes and consideration therein expressed, in the capacity therein
stated.
GfV 'N UNDER MY HAND AND SEAL OF OFFICE this of
2013.
ad mmry
\\\\Wj 1111
A U pV
Notary PUblic in and for R Y le
th,,e State of 1"exas
cn
OF
/4-2014
Consent to Assigni-nent ofTax Abatement cy
Areernent 9
tl- —A51 I lo
froni CCLG Partners. L,C, as i-Cana ging agent for
Texas Reverse Exchancle Holding Company, LLC to CCLG Partners, LL(-"'
Approved by TA&C C-26479 on Septernber 2.4. 2013
4
Me"eview
Official site of thi,e Oty of Fort Worth,T�xas
Fo n WORTH'
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CITY,
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(0.*#%0W*r41CI L,A(*.;TI 0"'I N Approved on 9124/2013
L"'ATE.-I 91/24�/20`131 RE,FERENCE C-261479 L` N�AME- 17NEZ301WNORTHSIDE
) N 0.: V%2 0
COD,E-8 C TYPE: NOW, PUKIC N 0
CONSENT HEARING,:
SUBJECT,- Authorize Five Year,Tax Abatement Agreement with Texas Reverse Exchange
Holding Company, LLC, a Texas Limited Liability Company, as Exchange
Accommodation Titleholder for CCLG Partners, LLC, a Texas Limited Liability
Co�m�pany, for,the Construction of a Strip Mall for Retail and Restaurant Use at 3101 W.
Northside Drive and 1215 N. Houston Street in the Northside Neighborhood
Empowerment Zone (COUNCIL DISTRICT2)
RECOMMENDATI-
It is recommended that the City Council authorize a, five-year Tax Abatement Agreement with
Texas Reverse Exchange Holding Company, LLC, a Texas Limited Liability Company, as
Exchange Accomodation 'Titleholder for CCLG Partners, LLC, a Texas Limited Liability Company,
for the Construction of a Strip Mal:l for Retail and Restaurant Use at 301 W. Northside Drive and
1215 N., Houston Street in the Northside Neighborhood Empowerment Zone I in accordance with
the Neiglh,bo�r,holo�d Empowerment Zone Tax Abatement Ploil�icy and Basic Incentives.
D-1-SC SSIOW,
Texas Reverse Exchange Holding Company, LL,C,, a Texas Limited Liability Comipany, as
Exchange Ac�comodation Titleholder for CCLG Partners, LLC, a Texas Limited Liability Company
(Property Owner), is the owner of the property de�sicri�ble,d as Lots, 16,1 17 and 18,, Block 60, North
Fort Worth Addition,,, an Addition to the City of Fort Worth, Tarrant County, 'Texas, according to the
Plat recorded in Volume 63, Page 147, Deed Records, Tarrant County; Save and Except that a
portion of Lot 16, Block 60 was conveyed to the, City of Fort Worth by Deed recorded in Voll�ume
3094,1 Page, 47,1 Deed Records of Tarrant County, Texas, 3,01 W. Nofthside Drive and 1215 N.
Houston Street Fort Worth,, Texas. The property is, located w,ithin the Noirthside Neighborhood
Empowerment Zo�ne (NEZ).
The Property Owner plans to invest an, estimated amount of$675,,0001.00 to build a 4�200 square
foot strip mall with three spaces for restaurant and retail development(Proje�ct). The Housing and
Economic Development Department reviewed the application and certified that the Project met the
eligibility criteria to receive a Municipal Property Tax Abatement. The NEZ Tax Abatement Policy
and Basic Incentives inc,lu'des a five-year Municipal Property Tax Abatement on, the increased
value of improvements to the qualified owner of any new construction or rehabilitation within the
NEZ.
Upon execution of the,Agreement,i the total assessedvalue of the improvements used: for
calculating municipal property tax will be frozen for a period of five yela�rs, starting Jan�uiary
i � 'in the
2014. At this time, Tarrant Appraisal District has the improvements on the property valued i
amount of $1,000.00. The owner has demolished the existing building on the property so! the pre-
improved value for tax abatement purposes will be $0.00.
http,://apps.cfwtiet,.org/cout'i,cii_pack,et/iiic......reviewasp?11,>=]8989&,co�tincildat,e-=-91/24/2013[0191/'24/2013 5:31:06 PM]
The Mun,ici,pal Property Tax Abatement on the improved value of the Project after construction is
estimated in the amount of$5,771.25 per year for a total amount of$28,856.25 over the five-year
period. However, this estimate 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 Tax Abatement Agreement may be assigned to an
affiliate without the consent of the City Council or to a new owner with City Council approval, only
if the new owner meets, all of the elig,ibility criteria as stated in the NEZ Tax Abatement Policy and
Basic Incentives.
This property is located in COUNCIL DISTRICT 2.
FISCAL, 1NEQRMAI1QN-LQERI1E1CAJ f%K1*
K-03.
The Financial Management Services Director certifies that this action will not increase the total
appropriations of City funds.
1�,Eu d Am"nkQanters EROM Fund/Accgunt/Centers
...........
Submiftd.... r-�City,,,,M,anager's Office Fernando Costa (61 22)
Oriainati�ng epartMent, H!!aad:, Cynthia Garcia (8187)
Robert Sturnis (8003)
AdiditlQnal. forMaitilon on,tac Sarah OIdle (7316)
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http://appis.cfwiiet.org/couiicil_packet/mc revieNv.asp?'ID1,-",.,, ,8989&c lidate=9/24/20:1 [09/2,4/20'13 5:31-06 PM]