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HomeMy WebLinkAboutContract 44420-CA1 CITY SECRETARY CONTRACT NO. ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Shawn Fite ("Assignor") and Scott P. Clark and Jana L. Clark, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Shawn Fite and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 1711 5th Avenue Block 6, Lots 5 thru 7, Fairmount Addition, in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page 25, Plat Records, Tarrant County, Texas ("Property") which is located in the Magnolia Village Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth April 16, 2013, City Secretary Contract Number 44420 ("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 July 10, 2013, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Scott P. Clark and Jana L. Clark 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 July 10, 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 and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. N L RECORD CRETARY RTH,TX RECEIVED NOV 2 5 2014 ssignment of Tax Abatement Contract 444420 from Shawn Fite to Scott P. Clark and Jana L. Clark 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. 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, 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 required under the Agreement. The addresses set forth below supercede any addresses for notices set forth in the Agreement. CITY OF FORT WORTH: City of Fort Worth Housing & Economic Development Department NEZ Program 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNOR: ASSIGNEE: Shawn Fite Scott P. Clark and Jana L. Clark 2828 River Forest Drive 1711 5th Avenue Fort Worth, Texas 76116 Fort Worth, Texas 761 Q© 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 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. Assignment of Tax Abatement Contract#44420 from Shawn Fite to Scott P. Clark and Jana L. Clark 10. Binding Offer. This Assignment will be not be binding until executed and delivered by all three parties. IN WITNESS WHEREOF, the panics have executed this Assignment as of the date first above written. CITY OF FORT WORTH Fernando Costa Assistant City Manager STATE OF TEXAS § COUNTY OF TARRANT § 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 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 .f,? day of =IPb , 2014. EVONIA DANIELS NOtOry Public,state at Texas d for _ My commiss ion Expires the State of Texas July 10, 2017 FO oFt�,. G (,`„00000 070 AF I X11 F� ary Ka s cretary APPROVED AS TO FORM AND LEGALITY: qy (A, Melinda Ramos Sr. Assistant City Attorney M & C: C-•26202 OFFICIAL RECORD CITY SECRETARY Assignment of Tax Abatement Contract#44420 from FT• WORTH, TX Shawn Fite to Scott P. Clark and Jana L. Clark ASSIGNOR: Shawn Fite Name: Shawn Fite STATE OF TEXAS § COUNTY OF TARRANT § 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 she executed the same for the purposes and consideration therein expressed, in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this _(;' day of 201 Notary Public in an f r =* MY COMM SAM J. OWN EXPIRES the State of Texas = •' November 5,2015 tie ati ASSIGNEE: Scott P. Clark Name: Scott P. Clark STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Scott P. Clark, 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 L5 day of 2014. No ry Publ�exas ' a d for the State of Y. ;;,---- "� BARBARA LOUSELARA Notary Public, State of Texas 5y ',8 M 'a Y. t+?•,• y Commission Expires „°;;,� February 03, 2015 Assignment of Tax Abatement Contract#44420 from Shawn Fite to Scott P. Clark and Jana L. Clark a ASSIGNEE: Jana L. Clark Name:/' Jana L. Clark l/ STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jana L. Clark, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of , 2014. N'tr<Pub Vex� a d for .•`'.e�'W"' the State of s ���`• •,�. BARBARA LOUSE LARA '' ��? Notary Public, State of Texas My Commission Expires February 3, 2015 Assignment of Tax Abatement Contract 444420 from Shawn Fite to Scott P. Clark and Jana L. Clark 5 M&CReview Official site of the City of Fort Warth,Texas CI*Y, C01014CIL AGENDA COUNCIL ACTION: Approved on 4/16/2013 DATE: 4/16/2013 REFERENCE C-26202 LOG NAME: 17NEZ17115THAVENUE NO.. NOW PUBLIC CODE: C TYPE CONSENT HEARING: NO SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Fite Builders LLC, for Property Located at 1711 5th Avenue in the Magnolia Village Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Fite Builders LLC, for the property at 1711 5th Avenue in the Magnolia Village Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. DISCUSSION: Fite Builders LLC (Property Owner), is the owner of the property described as Block 6, Lots 5 thru 7, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page 25, of the Plat Records of Tarrant County, Texas, at 1711 5th Avenue, Fort Worth, Texas. The property is located within the Magnolia Village Neighborhood Empowerment Zone (NEZ) and the Fairmount/Southside Historic District. On March 11, 2013, the Historic and Cultural Landmarks Commission approved a Certificate of Appropriateness for the construction of a single family residential structure at 1711 5th Avenue. The Property Owner plans to invest an estimated amount of$263,000.00 to construct an approximately 3,370 square foot single family residence (Project). The Project will be sold as a primary residence. The Housing and Economic Development Department reviewed the application 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 within the NEZ. Upon execution of the Agreement, the total assessed value of the improvements used for calculating municipal property tax will be frozen for a period of five years starting January 2012 at the estimated pre-improvement 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 $50.000.00 http://apps.cfwnet.org/council_packet/mc review.asp7ID=18277&councildate=4/1.6/2013[04/16/2013 1:29:37 PM] M&C Review Total Pre-Improvement Estimated Value $50,000.00 The municipal property tax on the improved value of Project after construction is estimated in the amount of $2,248.65 per year for a total amount of$11,243.25 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 NEZ Tax Abatement Agreement may be assigned to a new owner's first mortgagee or a new homeowner as their primary residence. All other assignments must be approved by the City Council. This property is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will not increase the total appropriations on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Departmenl: Head: Cynthia Garcia (8187) Jay Chapa (5804) Additional Information Contact: Sarah Odle (7316) ,ATTACHMENTS 1711 5th Ave Elevation.odf 1711 5th Ave Map pdf http://apps.cfwnet.org/council_packeUmc_review.asp?ID=1 8277&councildate=4/16/2013[04/16/2013 1:29:37 PM]