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HomeMy WebLinkAboutContract 38964/ r C ff y SECRETgR� CONTRACT NC.io ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between HMH Lifestyles, L.P., ("Assignor") and Roberta A Washington, ("Assignee") and the City of Fort Worth, ("City") . RECITALS A. Sierra Vista L.P ("Sierra") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 2921 Pima Lane, Lot S , in Block C of SIERRA VISTA, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Map or Plat thereof recorded in Cabinet A Slide 10693 & 10694 ,Plat Records, Tarrant County, Texas ("Property") which is located in the Rolling Hills Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth February 21, 2006, City Secretary Contract Number 31wpl-aq_ ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of April 10, 2007, recorded under Tarrant County Deed Records, Sierra conveyed the Property to Assignor and Assignor acquired title to the Property which is the subject of the Agreement, C. Section 5 of the Agreement permits Sierra to assign all of its rights under the Agreement to HMH Lifestyles, L.P., without obtaining the prior consent of the City Council: D. Sierra assigned the Agreement to HMH Lifestyles, L.P. Assignor, such Agreement is dated April 10, 2007 City Secretary Contract Number ., oar7 #: E. Pursuant to that certain Special Warranty Deed dated as of March 31, 2009, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Roberta A Washington and Assignee acquired title to the real property which is the subject of the Agreement. F. 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: OFFICIAL RECORD CITY SECfdETAR� T. WORTH, TX 1 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 31, 2009 ("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. 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 required under the Agreement. The addresses set forth below supercede any addresses for notices set forth in the Agreement. 2 CITY OF FORT WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Roberta A Washington 2921 Pima Lane Fort Worth, Texas 76119 ASSIGNOR: HMH Lifestyles, L.P. 9001 Airport Freeway, Suite 400 North Richland Hills, TX 75180 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. 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: HMH Lifestyles, L.P. Name:' - - ---- Title: A anet Lewis S�Ssl%jtclnc Secretary 3 ASSIGNEE: Roberta A Washington CITY OF FORT WORTH T.M. Higgins Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & C: C-21313 ®FFICIAL RECi�RU 'CITY SECRETARY FT. TX 4 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared T.M. Higgins, 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 day of 2009. Notary Public in and for the State of Texas 5 STATE OF TEXAS § COUNTY OF TARRANT § Ypne undersigned authority, on this day personally appeareof HMH Lifestyles, L.P., a Texas limited hip, known to me to be e 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 the HMH Lifestyles, L.P. a Texas limited partnership. UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § STACEY BELL MY COMMISSION EXPIRES February 14, 2010 BEFORE ME, the undersigned authority, on this day personally appeared Roberta A Washington, 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. IV N DER MY HAND AND SEAL OF OFFICE this 2009. Notary �uYlic in and for the State of Texas TINA M. ESTEP Notary Public, State of Texas NIy Commission Expires May 20, 2009 0 Electronically Recorded Official Public Records MarcJt 31, 2009 rantor: HMdI Lifestyle , Grantor's Malting Address TX 76180 Grantee: Roberta A. Wast Grantee's Mailing Address Consideration: TEA AND consideratiat of a note dated of even Five and No/I00th Dollars ($86,985. secured in pan by a vendor's lien n herewith, from Grantee to George M. 2009 Apr 03 10:00 AM D209088713 I'l�Y RIGIITS: IF YOU ARE A NATURfiL PERSON, YOi7 MAY R ALL OF THE FOLLOWING INFORMATION FROM ANY YSFE:R.S AN INTEREST IN REAL PROPERTY BEFORE IT IS PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR fCIR DRIVER'S LICENSE NUMBER Airport Freaway,Suita 400, North Richland Hills, s And for the further consideration of ex Eton and < the principal amount of Fourteen Thousand a ndred Nim City of Fort Worth, Texas, as therein provldewuud providing foes, and further providing that sh9uid default be made in th9Fa covenants of the Deed of Trust securing the same, theelindeb dooption of the holder thereof, at once become due ande,hereby expressly retained and reserved upon the propeby u subordinate Deed of Trust ofeven dateherewith�S. Properly (including any improvements): Lot 3, Fort Worth, Tarrant County, Texas, according Slides 10693 8c 10694, Plat Records, Tarrant County, Reservations from and Exceptions to Conveyance and subject to any and all restrictions, reservations, covenants, con governmental zoning Laws, regulations and ordinances, if any, o wopert3'• Grantor, ther good end valuable considsretion and rho fitrthor `amount o£ Eighty Six Thousand Nate Hundred Eighty dtee, payable to the order of NTFN, Inc. The note is Inc. in this deed and by a deed of trust of even date for the consideration and subject to We reservations &c grants, sells, and conveys to Grantee the property, together with all end ; any wise belonghtg, to have and hold it to Grantee, Grantee's heirs, e, forever. Grantor binds Grantor and Granter's heirs, executors, admiui; dWend all and singular the property to Granice and Grantee's hoirs,.exe agahtst every person whomsoever lawfully claiming or to claim the reservations from and exceptions to conveyance and warranty. Grandee of a note dated of even date that is in �d No/100a Dollars ($14,999.00), payable to alien of maturity upon default and attorney I rut d9S9rib94 n9t9 ab9V9, 9r in tiny 9f the ;e by the second described note shall, at the secured by a subordinate Vendor's Lien convoyed, and being additionally secured There is hereby reserved unto Grantor, their heirs and assigns all of t minerals in and under and that may be produced from the above property, by together with the right of ingress and egress at all times for the purpose of r developmg said ]ands for oil, gas and other minerals and removing the sane vial The Vendor's Liens and Superior Title herein retained tlrn hereby NTFN, Inc., it successors and assignsi VISTA, an addition to the City of thereof recorded in Cabinet A, �ls conveyance Is given and accepted ;way, easements, municipal and other County, affeeting the herein described to conveyance and warranty, and appurtenances thereto in raters, successors, or assigns rs to warrant and forever or succ�ssors, and nsslgns, rt emof, excopt as to the Grantor and Grantee also acknowledge the retention of a second, subordinate a�fd Grantor hereby transfers the same to CITY OF FORT WORTH, hereinafter called "SECOId1 which lien secures, Grantu;'s certain other ante of even date to SECOND LIEN GENE $14099 1 V being further consideration paid [o Grantor, as more particularly described in herewith to VICKI S. GANSKE, TRUSTEE, But it is expressly agreed and stipulated that the title are retained in favor of the FIRST -LIEN BENENFICIARY and SECOND -LIEN BPI against the above described property, premim and improvcinents, until each of the above re according to its terms, when this deed shall become absolute. When the context requires, singular nouns and pronouns include the plural. 4 i • •II I • • ItVAOi Real Estate Account Number: Georeference: Property Location: Owner Information: 2 Prior Owners Legal Description: 07/17/2009 40949923 38586-C-5 2921 Pima Ln, Fort Worth Washington, Roberta A 2921 Pima Ln Fort Worth Tx 76119-2657 Sierra Vista Addition Blk C Z,ot 5 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually camed in TAD's database. Proposed Values for Tax Year 2009 Land Impr 2009 Total** Market Value $20 $0 $20,000 Appraised Value * — �_ $14,800 Approximate Size *** 0 .and Acres _ 0.1010 Land sgFt —J 45400 Appraised value may be Tess than market value due to state-manaatea umitanons on value increases " A zero value indicates that the property record has not yet been completed for the indicated tax year Rounded .; _Year Value History Tax Year XMPT; Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total 2008 000 J _ — $16,200��P� 2007 000 l $20,250 $0 $20,250 $20,250�' $0 $20250 2006 000 $5,000 $0 $5,000 $5,000 $0 $500 2009 Notice Sent: 05/22/2009 Exemptions: None Property Data Deed Date: 03/31/2009 Instrument: D209088713 Year Built: 0000 Pct Complete: 100 TAD Map: 054 376 MAPSCO: 077Y Agent: None Protest Deadline: 06/22/2009 Class: 000 State Code: O1 Vacant Inventory Garage Bays: 00 Central Air: N Central Heat: N Pool: N