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Home My WebLink AboutContract 38961CITY SECRETARY CONTRACT NO, 3JO (% 1 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 Maurice L Miller ("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 294 VTrail in .B Lot 13 lock C of SIERRA VISTA are Naraista. addition toslet It the recorded in Cabinet � :. Slide 106�3 & 1'U694 Plat Records <1'arrant 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 ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of 10/09/07 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 1/25/08 City Secretary Contract Number E. Pursuant to that certain Special Warranty Deed dated as of . q � — 2008 recorded under Tarrant County Deed Records, Assignor conveyed the Property to Maurice L. Miller 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 1 CITY SECRETARY V% WoRTH, Ty 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 April � 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 Assiginor. 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. Assigror 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: Maurice L Miller 2940 Nara Vista Trail Fort Worth, Tx 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. ASSIGNEE: 3 j URICR L. MILLER CITY OF FORT WORTH T.M. Higgins 1(161 Assistant City Manager ATTEST: va�� vvvav�uiy APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M&C:C-21313 0 ®FFICIAL RECQRD CITY SECRETARY 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 § B AFORE ME, the undersigned authority, on this day personally appeared g of HMH Lifestyles, L.P., a Texas limited partnership, 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 the HMH Lifestyles, L.P. a Texas limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c� day of -, I , , 2008. 4dtar§ Public in an the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Maurice L Miller 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. GIy�1 UNDER MY HAND AND SEAL OF OFFICE this 24 day of April, 2008. Nota> the State in and for Texas ®`Notary PublloI State of Texas MY Commission Expires 07i24/2010 Electronically Recorded Official Public Records Suzanne Henderson Grantor: HMH Li Grantor's Mailing Grantee: Maurice L. ]vLlla Grantee's Mailing Address Consideration: Tarrant County Texas 2008 Apr 25 04:26 PM D2081 52000 �hI'ITALITY RIGHTS: IF •YOU ARE A NATURAL PERSON, YOU MAY REMO'V ALL OF THE FOLLOWING INFORMATION FROM ANY INSI RUMENT TIIA' EfWST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUJ 1 TR SOCIAL SECURITY NUMBER OR YOUR DRI'V ER' S LICENSE NUMBER TP.N. doted of even date the[ is in t {$139,590.00) and is executed favor of NTFN, Inc. in this dee NTFN, rnc., a[ Grantee's evidenced in part by the note dose without recourse on Grantor, DEED WITII �NDOR'S LIEN 9001 Alrpnrt Freeway, Suite 400, North Richland Hills, TX 76160 Properly (including any improvements): County, Texas, according to the Map or Plat i Texas. f Reservations from and Exceptions to C restrictions, reservations, covenants, conditions, ordinances, if any, of record in said County, affc Nara Vista Trail, Fort Worth, Tarrattt County, TX 76119 other good and valuable consideration and the farther consideration t n iundred Thirty Nino Thousand Five Hundred Ninety and No/IOOu order of NTFN, Tnc. The note is secured in part by a vendor's lien rct eveA date herewith, from Grantee toGeorge M. Shanks, Jr., Trustee. Grantor, for the consideration end subject io lire r conveys to Grentea the property, together with alLand sing Grantee, Grantee's heirs, executors, administrators, executors, administrators, and successors to warrant and executors, administrators, successors, and assigns against thereof, except as to the reservations from and exceptions to The vendor's lien against and superior title to- tgrdits, at which time this dead shall become absolute. T advanced and paid in cash to the Grantor herein, that pot hereinabove described note, the Vendor's Lien, together Lender and the stone are hereby TRANSFERRED AND Gtnntor that portion of the purchase price of the propert} rlor title tothe property rue retained for dto benefit of N'1'I Sierra Vista, an addhion to the City of Fort Worth,' inet A„ Slides ]0693 & ]0694, Plat Records, Tarrant � Grantee Assam es payment of all taxes for current and subsequent This conveyanec is given and accepted subject to and municipal and other governmental zoning laws, rngulat: propertyI and ezeaptians to conveyance and warranty, grants, st appurtenances thereto in any wise belonging to have t ssigns forever. Grantor binds Grantor and Grantor Il and singular the property to Grantee and Grantee oms5Aver lawfalty claiming or to claim the same or When tiic context requires, singular nouns and pronounsincludetha STATE OF TE7CAS After Recording, Retum [o: Mr. Maurice L. Miller 2940 Nara Vista Treil lrort Worth, T7f 76113 each note dexribed is fitlly paid eccordir stance and request of the Grantee herein e erein described propariy as Is eJidencd party, is retained herein for the benefit successors and assigns. ,i • • Real Estate 07/17/2009 Account Number: 40950026 Georeference: 38586-C-13 Property Location: 2940 Nara Vista Tr, Fort Worth Owner Information: Miller, Maurice L 2940 Nara Vista Trl Fort Worth Tx 76119-2632 2 Prior Owners Legal Description: Sierra Vista Addition Blk C Lot 13 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. Prnnnserl Values for Tax Year 2009 �Land Impr 2009 Total** Market Value $20,000 $104,600 $1243600 Appraised Value $20,000 $104,600 $1243600 Approximate Size **� �J _ 2,710 Land Acres 0.0000 Land SgFt 0 Appraised value may be less tnan marKet varue oue m scare-nianuarau 1111111oU�11� �FF .u,m� 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 Yea XMPT _ Appraised Land Appraised Impr Appraised Total Market Land Market Impr. Market Total 2008 E 000 f $20,000 $104,100 $124,100 $20,000 $104,100 $124,100 2007 000 $167500 $0�_ $167500 $16,500 $0 $16,500 2006 000 �� $5,000 $0 $5,000 $5,000 �— $0 $5,000 --- " 2009 Notice Sent: 04130/2009 Exemptions: General Homestead Property Data Deed Date: 04/23/2008 Instrument: D208152000 Year Built: 2007 Pct Complete: 100 TAD Map: 2054 376 MAPSCO: 077Y Agent: None Protest Deadline: 06/01/2009 Class: 006 State Code: Al Single Family Garage Bays: 02 Central Air: Y Central Heat: Y Pool: N