HomeMy WebLinkAboutContract 29730 CITY SECRETARY O
CONTRACT NO.
Wl-
ASSIGNMENT OF TAX ABATEMENT AGREEMENT
This Assignment of Tax Abatement Agree is made and entered into by and
between United Riverside Rebuilding Corporation ("Assignor") and Tramasjelique
Warren, ("Assignee") and the City of Fort Worth, ("City")
RECITALS
A. United Riverside Rebuilding Corporation and the City of Fort Worth, Texas (the
"City") entered into that certain Tax Abatement Agreement ("Agreement") for
Property Located 613 South Judkins ("Property") which is located in the
Riverside Neighborhood Empowerment Zone, such Agreement approved by the
City Council of Fort Worth, September 23, 2003, City Secretary Contract Number
29205 ("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 March 17, 2004,
cor�ndrrant County Deed Records, Instrument Number
Assignor conveyed the Property to Tramasjelique Warren
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 March 17, 2004,
("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.
M
04-02-04A09 : 24 RCVD 1
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
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 r equired u nder t he A greement. T he a ddresses s et f orth b elow s upercede
any addresses for notices set forth in the Agreement.
CITY OF FORT WORTH:
City of Fort Worth
Housing Department (NEZ)
1000 Throckmorton
Fort Worth, Texas 76102
ASSIGNEE:
Tramasjelique Warren
613 South Judkins
Fart Worth, Texas 76111
ASSIGNOR:
United Riverside Rebuilding Corporation
201 S. Sylvania
Fort Worth, Texas 76111
8. Successors. Except as herein otherwise provided, thino
nding
upon and inure to the benefit of the parties, and I'S
utors,
administrators, successors and assigns.
2
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 Assignment as of the
date first above written.
ASSIGNOR: United Riverside Rebuilding Corporation
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S4,,nature: �Lni( 4-7
Name: George Hil
Title: President
ASSIGNEE: Tramasjelique Warren
Signature:
N asj li ue*—, n
c ll��I n n
3 --
CITY OF FORT WORTH
&I'le/
Reid Rector
Assistant City Manager
ATTEST:
�'l�i City retary
APPROV D AS TO FORM AND LEGALITY:
�,L,,I,��)—-
Cynthia arcia
Assistant City Attorney
M & C: C-19762 9/23/03
4
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Reid
Rector, 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 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 &2.kday of
�. �
92004.
y o' a,; ROSELLA BARNES
Notary Public in and for rr,`p,RY P•�
*' *: NOTARY PUBLIC
the State of Texas =NaP f State of Texas
Comm. Exp. 03-31-2005
N
5
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared George Hill,
President of United Riverside Rebuilding Corporation, 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 United Riverside Rebuilding Corporation
C�A GIVEN ER MY HAND AND SEAL OF OFFICE this day of
2004.
ALL
ANotublic in and for t�otO PUW
of Texas state of TOM
Mr commkdw Bow
"Mew 6.2W4
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Tramasjelique
Warren, purchaser, 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.
G VEN UNDER MY HAND AND SEAL OF OFFICE this day of
2004.
NORMA J.MARSHA.
otary Public in and for
th tate of Texas state of T�
M►f:WWnbdM 8"s
Nomiew 6`=4
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City of Fort Worth, Texas
"agoir And Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
9/23/03 C-19764 20ALTA VISTA RD 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH GBG DEVELOPMENT, INC. FOR THE
INSTALLATION OF COMMUNITY FACILITIES FOR ALTA VISTA ROAD FROM
KELLER-HASLET ROAD TO STATE HIGHWAY 170
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement (CFA) with G&G Development, Inc., for the installation of community facilities for Alta Vista
Road from Keller-Haslet Road to State Highway 170 (SH170).
DISCUSSION:
This project was included in the list of the 83 projects approved by City Council on July 29, 2003 prior to
the moratorium on new development projects.
On December 19, 2000, the City Council adopted a resolution authorizing the issuance of$45 million in
Certificates of Obligation to address critical projects that include $4 million in development funds ($2.5
million for CFA new development funds and $1.5 million for development funds related to new school
sites) to supplement the 1998 Capital Improvement Program new development funds.
G&G Development, Inc., the developer, has executed a proposed contract for roadway improvements
of Alta Vista Road to serve Vista Greens Phase I, located in northeast Fort Worth, south of SH170, on
the corner of Keller-Haslet Road (see attached map). Alta Vista Road will be constructed as a 24-foot
roadway. Developer's cost will be for 20-foot concrete roadway and the City's cost will be 4-foot width
of asphalt along entire limits of project. Developer is responsible for constructing sidewalk along Alta
Vista Road. Keller—Haslet Road will be improved with Phase II development. Both Alta Vista Road and
Keller-Haslet Road are currently two-lane county asphalt roads and are planned as two-lane 40-foot
urban collector streets. The City will also participate for storm drain improvements.
This Community Facilities Agreement is in compliance with standard City policy.
The estimated cost of the community facilities is as follows and subject to the actual bid price.
Estimated Cost Developer Transportation and Public Works Total
Street Improvements $209,198 $71,100 $280,298
Design Engineering N/A $ 4,266 $ 4,266
Construction Inspection Fees $ 4,184 (*) $ 4,184
Storm Drain Improvements $ 12,485 $ 7,452 $ 19,937
Design Engineering N/A $ 447 $ 447
Construction Inspection Fees
Street Lights 0 0 0
Street Name Signs 0 0 0
Total Estimated Costs $225,867 $83,265 $309,132
City of Fort Worth, Texas
4Vagor And Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
9/23/03 C-19764 20ALTA VISTA RD 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH G&G DEVELOPMENT, INC. FOR THE
INSTALLATION OF COMMUNITY FACILITIES FOR ALTA VISTA ROAD FROM
KELLER-HASLET ROAD TO STATE HIGHWAY 170
(*) The City's portion of construction inspection fees are calculated based on actual street and storm
drain construction costs over the 2% paid by developer, as per the CFA policy, and are not included in
this Mayor and Council Communication.
PLAN COMMISSION APPROVAL — On December 22, 2000, the Plan Commission approved
preliminary plat (PP00057). The final plat has been submitted to City staff for review.
This development is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets as appropriated, of
the Critical Capital Projects Fund.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Robert Goode 7804 (from) APPROVED 09/23/03
C116 541200 020116136392 $78,552.00
Additional Information Contact: C116 531200 020116136392 $ 4,713.00
Robert Goode 7804