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Home My WebLink AboutContract 38962` �®�RA F�ETARb` � �T No, 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 Maria M Hernandez and Pedro Hernandez Jr ("Assignee") and the City of Fort Worth, ("City") A. RECITALS 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 recorded in Cabinet A .Slide 10693 & 10694 .Plat .Records, Tarrant Count Texas ("Property") which is located in the Rolling Hills Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth February 21, 2007, City Secretary Contract Number �2 ("Agreement"). B. Pursuant to that certain Special Warranty Deed dated as of 3/18/08 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,Assignor, such Agreement is dated 3118/08 City Secretary Contract Number R�� E. Pursuant to that certain Special Warranty Deed dated as of 2008 recorded under Tarrant County Deed Records, Assignor conveyed the Property to Maria M Hernandez and Pedro Hernandez Jr 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 :�rY SECREi�� T 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, and assumes all of Assignor's rights, duties and obligations arising under the Agreement. 3. Effective Date. The effective date of this Assignment is June 26, 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 All orth'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 Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Maria M Hernandez and Pedro Hernandez Jr 1353 Sierra Estate 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. Na Title: anet Lewis n Secretary ASSIGNEE: 3 qcA rig, 0 % Ac ( nc, n cLz Maria M Hernandez 4LM14 1,on CITY OF FORT WORTH T.M. Higgins Assistant City Manager ATTEST: �,i�y uwi�.�uiy APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & C: C-21313 0 O�FICl/�L RECORD CITY SEC�'ETAR�' is WOKrH, 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 STATE OF TEXAS § COUNTY OF TARRANT § the mnuersigned authority, on this day personally appeared of HMH Lifestyles, L.P., a Texas limited partnership, known to me to bete 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 Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § OF OFFICE this 26 day of June, 2008. ��°�; STACEYBELh MY COMMISSION EXPIRES February 14, 2010 Y BEFORE ME, the undersigned authority, on this day personally appeared Maria M Hernandez and Pedro Hernandez Jr known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he same for the purposes and consideration therein expressed, in the capacityAl GIVEN UNDER MY HAND AND SEAL OF OFFICE this blic in and for the State of Texas .1pP�Pug �,,. �S4IBUL6 llU'@�f�l Nei®IY � NOi1ry Publir. STATE OF TEXAS My Comm. Exp. 04.Hm2010 executed the stated. of June, 2008. Electronically Recorded Official Public Records Grantor: HN3H Lifestyle+, Grantor's Matlfng Address County, TX 76180 Grantee: Marla M. Herne Orlln[ee's Mailing Addre3a 76119-2661 D208254204 �I.ITY RIGHTS: IF YOU ARF. A NATURAL PERSON, YOU ANY OR ALL OF THE FOLLOWING INFORMATION FROM RANSFERS AN INTEREST IN REAL PROPERTY BEFORE >�N THE PUBLIC RECORDS: YOUR SOCIAL SECURITY Oit YOUR 1JRIVEWS LICENSE NUMBER Consideration: TEN AND N+f consldaration of a note doted of even Twenty Five and No/100s' Dollars (S Mortgage Corporation. The note is s Corporation in this deed and by a deed and Pedro [iernandez, Jr., an unmarried men rra Bite'frail, Fort W9rth, Tarrant �olrnty,l?S Freedom Mortgage Corporation, at Grantee's rat purchase pri66 of Elie pi`o�c'di y thaE 13 Svidtinead ht part by the property are retained for the benefit ofFreedam Martf Property (including any improvements); Fort Worth, Tarrant County, Texas, actor Slides 30693 30694, Plat Records, Tarrant C Reservations from and Exceptions to subject to any and all restrictions, mineral re govommcntal >.oning laws, regulations and described property. Grantor, fbr the consideration and subject to there rva �var:anty, grants, sells, and conveys to Grantee the grope tt appurtenances thereto in any wise belonging to have and of administrators, successors, or assigns forever. Grantor binds Grant . and successors to warrant and forever defend all and singular the pro administrators, successors, and assigns against every person whoms, any part thereof, except as to the reservations from and exceptions to ood and valuable consideratien and the further amount of Ninety Six Thousand Six Hundred y Grantee, payable to the order of Freedom lien retained in favor of Freedom Mortgage abut Grantee to Calvin C. Mann, Jr., Trustee, In cash to Grantor that portion of the the vendor's Ilan nitd euparlor title to 'bout recourse on Grantor. The vendor's lien against and superior title to the property are e[am paid according to its teens, at which time this deed shall become a olu� ("Lender"), at the Instance and request of the Grantee herein, having advance that portion of the puruhase price of the herein described property as is evidence the Vendor's Lien, together with the Superior Tttle to said property, is retained and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, Its rVlsta, an addition to the City of thereof recorded in Cabinet A, conveyance is given and accepted y, easements, municipal and other >ald County, affecting the herein When Iho oontaxt roquirca, Singular nouns and pa4n9una include Ulr piural. STATE OF TEXAS § COUN['Y OF § After Recording, Retum tu: Maria M. Hwnandaz and Pedro Hemandcz Ir. 1353 Sierra Pstate T7ail Fort Worth, TX 76] 19-2661 cxceptivns to conveyance and . and singntar the rights and ,, Grantee's heirs, executors, executors, administrators, an rantee's heirs, executors, itirri a or w claim the same or _ BRITANY WiTTER ' ��<•? Notary Public, State of Taxat. '• :,1 f' �. _ try Commission Expires ' .. .. '•�118/20�0 described is fully gage Corporation :he Grantor herein described note, :$t of said lender Real Estate 07/17/2009 Account Number: 40949087 Georeference: 38586-A-36 Property Location: 1353 Sierra Estate Tr, Fort Worth Owner Information: Hernandez, Maria & Pedro 1353 Sierra Estate Trl Fort Worth Tx 76119-2661 2 Prior Owners Legal Description: Sierra Vista Addition Blk A Lot 36 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 ioforrnation is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as artually carried in TAD's database. PrnnnsPri values for Tax Year 2009 Land Impr 2009 Total'* Market Value $2_0,000 $72,600 �$92,600 Appraised Value *_ $20,000 $72,600 $9200 %pproximate Size 1,540 .and Acres _ 090000 _ .and SgFt _ _ — _ 0 � Appraised value may be less tnan marker vague oue to scale-nienuaivu wimau��a �� o�u� 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 Yeah XMPTI Appraised L.an� Appraised�Impr Appraised :Total Market Land Market Impr. Market To4aI j 2008 000J $16,500 2007 000 $16,500_ $0� $16,500J $161500 — _ $0 $16,SOO) - - - 2006 j 000 --- - $5,0001 $0L — $5,000�_� $5,000 $0 $5,000� 2009 Notice Sent: 04/30/2009 Exemptions: General Homestead Property Data Deed Date: 06/26/2008 Instrument: D208254204 Year Built: 2008 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: 01 Central Air: Y Central Heat: Y Pool: N