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HomeMy WebLinkAboutContract 38974CITY SECRETARY CON7RAGT NO. �lq. 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 Graciela Ramirez and Omarly Revolorio, ("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 2900 Nara Vista Trail, Fort Worth, Texas 76119_Lot 22, 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 Coun , 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 :3LO1 15 («Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of July 25, 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 July 25, 2007 City Secretary Contract Number E. Pursuant to that certain Special Warranty Deed dated as of September q f 2008, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Graciela Ramirez and Omarly Revolorio 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: 1 OFFICIAL RECORD OITY SECRETARY FI WORTH, TX 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, orand assumes all of Assign's rights, duties and obligations arising under the Agreement. 3. Effective Date. The effective date %J this Assignment is September g i 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. F CITY OF FORT WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Graciela Ramirez Omarly Revolorio 2900 Nara Vista Trail 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. Countep2arts. 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. Narni�: Janet Lewis Title: �erel 3 GNEE: Graciela Ramp Assignee: Omarly Revolorio CITY OF FORT WORTH T.M. Higgins Assistant City Manager ATTEST: City Secretary rS APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & Co C-21313 n OFFICIAL RECORD CITY SECRETARY T. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Ta 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 § ORE M the de �i ned perauthority, on this day personally appeared of HMH Lifestyles, L.P., a Texas limited artnership, known to me to be t e son 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. G VEN UNDER MY HAND AND SEAL OF OFFICE this 1C7. day of 2008. A Il t Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § �=p'�PPY VUOC�:. MARIE �4ABE1_ NOTARY PUBLIC State of Texas Comm. Exp. 0&23-2010 BEFORE ME, the undersigned authority, on this day personally appeared Graciela Ramirez and Omarly Revolorio, 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 10� day of b 2008. _ _iP ``o�P•�! //..�`• Notary Public, State of Texas 1 / M Commission Expires s,' Y Mcly 2012009 Notar�I'ublic in and for the State of Texas CJ Electronically Recorded Official Public Records Grantor. HIVII-I Lifestyle!; Grantor's Mailing Address Grantee: Graciela Ramirez, Grantee's Mailing Address (. D208364UJU ALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU ANY OR ALL OF THE FOLLOWING INFORMATION FROM TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY YOUR DRIVER'S LICENSE NUMBER Consideration: TEN AN N consideration of a note dated of ev n r Hundred Thirty and No/100a` Dolly Mortgage Corporation. The note is Corporation in this deed and by a deed Freedom Mortgage Corporation, purchasv pricy of the property that 1s eviG the property are retained for the benefit of Property (including any tmprovomants): Lot Fort Worth, Tarrant County, Texas, according Slides 1U693 b2 t06942 Plat Records, Tarrant Couy Reservations from and Exceptions to Conti subject to any and all restrictions reservations, governmentol zoning laws, regulations end ordma. described property. Omerly Revolorlo, an unmarried man rVista Trail, Fort Worth, Tarrant County, TX 7G119-2632 her good and valuable consideration and the further rcip amount of One Hundred Sixteen Thousand Seven ecuted by Grantee, payable to the order of Freedom vendor's lien retained in favor of Freedom Mortgage with, from Oranteeto Calvin C. Mann, Jr., Trustee. Grantor, for the consideration and subject to the res a warttmty, grants, sells, and conveys to Grantee the props tr appurtenances thereto in any wise belonging to have en hotr administrators, successors, or assigns forever. Grantor binds nl , and successors to warrant and forever defend all and singular th ro administrators, successors, and assigns against every person who any part thereof, except as to the reservations from and exceptions to Lid in cash to Grantor that portion of the ied, the vendor`s Ilan and superior title to without recourse on Grantor. an addition to the City of recorded in Cnbinet A, This conveyance is given and accepted vay, easements, munivipal Doti other I ur said County, affecting tho herein The vendor's lien against and superior title to the property a rat n paid according to its terms, at which time this deed shall become abs lui ("Lender"), at the idstadte aiid "request o€ihe Grantee ttefein, KaVing fid c that portion of the purchase price of the herein described property as is a once the Vendor's Lion, together with the Superior Title to said jrwperty, is rota and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its STATE OF TL•XAS COG NTY ON /12t1•> § bef9rrf ins art bite the After Recording, Return to: Graciela Ramirez anti Omarly Ravolorio 2900 Nara Vise Trail port Worth, TX 76] 1�=26)2 d exceptions to conveyanct; and ail end singular the rights and tee, Grantee's heirs, executors, s heits, executors, administrators, d Grantee's Heirs, executors, clan rbtg or to claim the same or note described is fully Mortgage Corporation Ft3 fit fli8 GPantB[ h8[d1n hove described note, benefit of said Lender arrant • • Real Estate 07/17/2009 Account Number: 40950115 Georeference: 38586-C-22 Property Location: 2900 Nara Vista Tr, Fort Worth Owner Information: Ramirez, G & Omarly Revolorio 2900 Nara Vista Trl Fort Worth Tx 76119-0000 2 Prior Owners Legal Description: Sierra Vista Addition Blk C Lot 22 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 carried in TAD's database. PronnGPri Values for Tax Year 2009 _---- Land Impr 2009 Total** Market Value $20,000 $80,800 $100,800 Appraised Value * $20,000 $80,800 $100,800 Approximate Size *** 13720 Land Acres 0"0000 Land SgFt 0 Appraised value may be less man marKee value oue ry increases A zero value indicates thai the property record has not yet been completed for the indicated tax year 'Rounded 5-Year Value Histo -------- ----- ------ — Tax Year�XMPTI Appraised Land Appraised Impr' Appraised Total 2009 Notice Sent: 04/30/2009 Exemptions: None Property Data Deed Date: 09/09/2008 Instrument: D208364930 Year Built: 2008 Pct Complete: 100 TAD Map% 2054 376 MAPSCO: 077Y Agent: None $1 Market Land Market Impr Market Protest Deadline: 06/O1/2009 Class: State Code: Garage Bays; Central Air: Central Heat: Pool 006 Al Single Family 02 Y Y 1�►i