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HomeMy WebLinkAboutContract 38669oN R CT ITNC�I a 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 Andre Rivers, ("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 2956 Pima Lane, Lot 64, in Block A 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 I. Slide 10693 & 10694. Plat Records. Tarrant Countv. 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 .3�5OL ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of 04/18/2008? 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 04/18/2008 City Secretary Contract Number E. Pursuant to that certain Special Warranty Deed dated as of July 30,2008, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Andre Rivers 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: oFFicta� REcoRo OlTI(S�CR�TARY �T. WORTH, TX I III 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 30, 2008 ("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. CITY OF FOR WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Andre Rivers 2956 Pima Lane Fort Worth, Texas 76119 ASSIGNOR: HMH Lifestyles, L.P. 9001 Airport Freeway, Suite 400 North Richland Hills, TX 75180 Successors. Except as herein otherwise provided, upon and inure to the benefit of the parties, and administrators, successors and assigns. this Assignment will be binding their respective heirs, executors, 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. Namf Title: Janet Lewis 3 ASSIGNEE: Andre Rivers Name: CITY OF FORT WORTH T.M. Higgins Assistant City Manager ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & Co C-21313 ®FFICIAL RECORD �.ITI� SECRET�iFt� T. WORTH, TX 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 § O 7 the undersned authority, on this day personally appeareZ of HMH Lifestyles, L.P., a Texas limited artnership, known to me to be e person whose name is subscribed to the foreoin gg 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 0 day of 2008. Notar�ublic in and the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § �"t P STACEY BELL ` *=gem MY COMMISSION EXPIRES Fabruary 14, 2010 .R�,, BEFORE ME, the undersigned authority, on this day personally appeared Andre Rivers, 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 _30_ day of the State of Texas "ryA M. ESTEP Notary Public, State of Texas My Commission Expires May 20, 2009 0 0 00 0 0 rn 0 Electronically Recorded Official Public Records Suzanne Henderson STNT/ 10701 Date: Grantor. HMH Lifestyles, Ornntor's Mailing Address Grantee: Andre Rivers, a r Grantee's Malllng Addrers Consideration: TEN A consideration of a role dated of Three Hundred Eleven and No/ PrimeLonding, a PlainsCapital PrimeLending, a PlamsCapital C Allen B. Polunslry, Tn,stee. Tarrant County Texas 2008 Aug 07 12:10 PM Fee: $ 16.00 Submitter: LANDATA D208309060 1 Pages 7LITY RIGH"I'S: IF YOU ARE A NATURAL PERSON, YOU ANY OR ALL OF THE FOLLOWING INFORMATION FROM AANSFERS AN INTEREST IN REAL PROPERTY BEFORE THE PUBLIC RECORDS: YOUR SOCIAL SECURITY O YOUR DRIVER'S LICENSE NUMBER PrimeLendiag, a P1alnsCapital of the ptrrnhase price of the property [hat is udenc titla to the property aTo retalllEd f0T 111E tiEREllt Of Grantvr. Airport Freeway, Suite 400, North Richland Hltls, TX 76180 Properly (including any improvements): Lo 1 Sort Worth, Tarrant County, Texas, accordf Slides 10693 8s 10694, Ylnt Records, Tarrant Cou {7 Reservations from and Exceptions to Conve sabject to any and all restrictions, mitterol reservations and other governmental zoning laws, regulations and herein described property. o er good and valuable consideration and the further c' I amount of Ono Htmdred Twenty Four Thousand nd is executed by Grantee, payable to the order of ured in part by a vendor's lien retained in favor of a deed of trust of even date herewith, from Grantee to Grantor, for the consideration and subject to the re ry warranty, grants, sells, and conveys to Grantee the props appurtenances thraety in any wise belonging to have err ho administrators, successors, or assigns forever. Grantor binds G to and successors to warrant and forever defend all and singular the administrators, successors, and assigns against every person whoms, any pan thereof, except as to the reservations from and exceptions to T7ua vendor's lien against and superior title to the property a rattt�tn paid according to its teems, of which time this deed shall become absolu e. prrr ("Lender"), at the instance and request of the Grantee hemin, having adva cad r that portion of the purchase price of the herein described property as is evt [he Vendor's Lien, together with the Superior Title to said property, is retained and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its When the context requires, singular nouns and pronouns include the STATE OF TEXAS § COUNTY O § After Recording, Return to: Andre Rivers and Deborah G. Hadga f95b pima Lana Fort Worth, TX 76119-2656 beforo me on the the _ Grantor that portion paid in cash to brd, the vendor's lion and superior vital 6+ltapany witheut r4P UM op in additiun to the City of recorded io Cabinet A, IN given and accepted easements, municipal County, affecting the d exceptions to conveyance and oil anJ singular the rights and tee, Grantee's heirs, executors, s ris, executors, administrators, ae d Grantee's heirs, executors, GIsr&ng or to claim the same or note described is tatty �laivsCajitt5l Cvrnpany to the Grantor hamnn nabove described note, ydt fit of said Lender arrant Appraisal II! 1 eal Estate 07/17/2009 Account Number: 40949397 Georeference: 38586-A-64 Property Location: 2956 Pima Ln, Fort Worth Owner Information: Rivers, Andre 2 Prior Owners Legal Description: Taxing Jurisdictions 2956 Pima Ln Fort Worth Tx 76119-2656 Sierra Vista Addition Blk A Lot 64 026 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 carried in TAD's database. prnnncarl valllPSt fir Tax Year 2009 Land Impr 2009 Total** Market_Value $20,000 $97,500 $117,500 Value _ $20,000 $97,500 _$117,500 _%pp_raised Approximate Size** 25300 Land Acres 010000 Land SgFt _ Appraised value may pe less than marKer value uuc ru 1,11Ma,.�„� ..11 ...,�� increases A zero value indicates that the property record has not yet been completed for the indicated tax year "`Rounded 5-Year Value History Tax YeaXMPTAppraised Land Appraised lmpr Appraised Total Market Land Market Impr Market Total 2008 000 �- _ $16,20 — $� $16,200 $16,200 $0 $I65200 --- 2007 ` 000 $20,250 $0 $20,250 $20,250 � $0 $20,250 2006 000 f $5,000� $OI $5,000 $500I $OI $5,000 2009 Notice Sent: 04/30/2009 Exemptions: General Homestead Property Data Year Built: 2008 Pct Complete: 100 TAD Map: 2054 376 MAPSCO: 077Y Agent: None Protest Deadline: 06/01 /2009 Class: 006 State Code: Al Garage Bays: 02 Central Air: Y Central Heat: Y Pool: N Single Family