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HomeMy WebLinkAboutContract 38967ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between HMH Lifestyles, L.P., ("Assignor") and Ramon J Miranda and Petra Miranda ("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 1333 SierraEstate Trail, Lot 41 , 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 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 215 20073 City Secretary Contract Number '?ZOW3 ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of 4/10/07 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 4/10/07 City Secretary Contract Number E. Pursuant to that certain Special Warranty Deed dated as of , F. 3 �2008 recorded under Tarrant County Deed Records, Assignor conveyed the Property to Dig gett Halliburton 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: `�'f=i�l(:i�IL R�CORa CITY SECRETARY 1 FT. 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 � �-� �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. 2 CITY OF FORT WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Ramon J Miranda Petra Miranda 1333 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. Title: ASSIGNEE: 3 P�� fz � Petra Miranda 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 OFFICIALRECOKD CITY SECRETARY FT. NIORTH,1fX 0 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 § BF Ovin, the undersigned authority, on this day personally appeared llnzi of HMH Lifestyles, L.P., a Texas limited rtnership, known to me to be t,9e 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 thisth day of June, 2008. Notary Publicin and for the State of Texas STATE OF TENS § COUNTY OF TAIUVr STACEY BELL MY COMMISSION EXPIRES Pebruary 14, 2010 BEFORE ME, the undersigned authority, on this day personally appeared Ramon J Miranda and Petra Miranda 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 �th day of June, 2008. /) Notary Public in and for the State of Texas MARIANNE R. KUHNLE Notary Public, State of New York No. 30-4857171 Qualified in Nassau Count Commission Expires April 21, 22010 i Electronically Recorded Official Public Records Grantor. II11'IH Lirastyles; Gren[or's Mai{Ing Address Grantee: Rom on J, lYIlranda Grantee's Mailing Address (i Consideration: TEN AN consldemtion of a note dated of ev Sixty Three and No/100Dollars Prernier Nationwide Lending. The Premier Nationwide Lending in this Shanks, Jr., Trustee. D208227225 ALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU ANY OR ALL OF THE FOLLOVvrING INFORMATION FROM TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE THE PUBLIC RECORDS: YOUR SOCIAL SECURITY OR YOUR DRIVER'S LICENSE NUMBER And for the further consideration df tlt�ex is in the principal amount of Nineteen Tho and payable to City of Fort Worth, Texas, as therein p and attorney fees, and fimlier providing that should or in any of the covenants of the Deed of Trust described note shall, at the option of the holder they a subordinate Vendor's Lien hereby expressly 6 conveyed, and being additionally secured by a subt Trustee, d her good and valuable consideration and the furdror eip 1 amount of Seventy Two Thousand Throu Hundred t by Grantee, payable to the order of NTFN Inc. DBA �y s vendor's lion retained in favor of NTPN Inc. DBA trust of even date herewith, from Grantee to George M. Grantee of a note dated of oven date that line and No/100'" Dollars (579,999.00), et aMIMI= Qf tuiilutay upon dofavlt ymant of the rust described note above, vtdebtedness evidenced by the second and payable, said note being secured by pon the property herein described and �f an date herewith to Vicki S. Oanske, Property (including any Improvements): Lot 41, n B , of S VISTA, an addition to the City of Fort Worth, Tarrant County, Texas, according [o the ap or PI thereof recorded in Cabinet A, Slide i t)d93 & Ibb44, Alai Records, Tarran# Co�ely, Texas. Reservations from and Exceptions to Conveyance an W rran is conveyance is given and accepted subject to any and all restrictions, mineral reservations, coven nts, ndttio , rights-of-woy, eusements, municipal and other governmental zoning laws, regulations and ordinan es, if any o in said County, affecting the heroin described property. Grantor, for the consideration and subject m the reservatio s an ex eptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, tog her with I d singular the rights and appurtenances thereto in any wise belonging to have and hold t Grant G Lea's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor a d Srou is he] , e "cu#ois, adminiairatars, sad successors to warrant and forever defend all and singular the props to Gra tee d Gr tee's heirs, executors, administrators, successors, and assigns against every person whomsoever y uim' or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyan and an . The vendor's lion against and superior title to the property are rota' ed u til ch n described u fully paid according to its terms, at which time this deed shall become absolute, o. D P ier Nationwide Lending ("Lander"), at the instance and request of the Grantee herein, having ante aid n cash to the OrjmlQr herein that portion of the purchase price of the herein described property is de ed by ereinabova dasgrihcd n9w, the Vol)dQr7g Lion, together with the Superior Title to Bald property, t " ed herein fo the benefit of said Lender and the same are hereby TRANSFRRRED AND ASSIGNED to sal end , i. so sons and assigns. Grantor and Granter also acknowledge the retention of a second, aubordinat d s and Grantor hereby transfers the same to CITY OF FORT WORTH, herainaft r BENEFICIARY", which lien secures, Grantee's certain other note of even date to SEGO L in the amount of $19,999.00, being further consideration paid to Grantor, as more pardcu rl trust of even date herewith fo VICKI S. OANSKE, TRUSTEE, But it is expressly agree vendor's lien and superior title are retained -in favor of the FIRST -LIEN BENENFICIARY BENEFICIARY, respectively, against the above described property, premises and improvem above re€peetive notes is fully paid according to its terina, when this dyed *hats become absola Grantee assumes payment of all [axes for cuaent and subsequentyears 'When the context requires, singular nouns and pronouns include the plural. OF TEXAS § Y OF�§ L.P., on behalf of said After 1333 Sii� Fort Worth, beforeNFORRM ,.•� ,,,"ram STAGEYBE�'PIflEB I oil vR,. arrant Real Estate 07/17/2009 Account Number: 40949133 Georeference: 38586-A41 Property Location: 1333 Sierra Estate Tr, Fort Worth Owner Information: Miranda, Ramon J Etux Petra 1333 Sierra Estate Trl Fort Worth Tx 76119-2661 2 Prior Owners Legal Description: Sierra Vista Addition Blk A Lot 41 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. Proposed Values for Tax Year 2009 Land Impr 2009 Total** Market Value $20,000 $71,000 $91,000 Appraised_Value * — $895150 Approximate Size **� _� 1,490 .and Acres 090000 .and SgFt� 0 Appraised value may be less than market value aue co scare-manuaieo uumcuuua vil vqqu� 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 and Appraised Impr Atal ppraised ToMarket Land Market Impr Market Total - 2008 j 020 � $16,500 � $01— —_ $16,500 $16,500 $01_ $16,500 � 2007 ' 000 � $16,500� $0 $16,500 $16,500 $0 $161500 --- - - _ --- - - — - -- 2006 000 $5,000` $0 $5,000 $5,000 $0 $5,000 2009 Notice Sent: 04/30/2009 Protest Deadline: 06l01/2009 Exemptions: General Homestead Over 65 Homestead Property Data Deed Date: 05/23/2008 Instrument: D208227225 Year Built: 2008 Pct Complete: 100 TAD Map: 2054 376 MAPSCO: 077Y Agent$ None Class: 006 State Code: Al Single Family Garage Bays: 01 Central Air: Y Central Heat: Y Pool: N