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HomeMy WebLinkAboutContract 38968�A i ♦� is bi Ic • ASSIGNMENT UV TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between HMH Lifestyles, L.P., ("Assignor") and Juan Alberto Martinez, ("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 _ 3016 Yuma Street, Lot 17 in Block F of. SIERRA VISTA an addition to the City f Fort Worth, Tarrant County Texas, according to the Map or Plat thereof recorded in Cabinet 2 , Enyelope_778 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 21, 2006, City Secretary Contract Number ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of l/17/08, 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. Siena assigned the Agreement to HMH Lifestyles, L.P. Assignor, such Agreement is dated 1/17/08 City Secretary Contract Number f-D LV I �aT� E. Pursuant to that certain Special Warranty Deed dated as of 200y recorded under Tarrant County Deed Records, Assignor conveyed the Property to Juan Alberto Martinez 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 CITYSECRSTARII FT. (NORTH, 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 May �3� 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: Juan Alberto Martinez 3016 Yuma Street 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 Uy all three parties. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. ASSIGNOR: HMH Lifestyles, L.P. Name: Title: Lewis ASSIGNEE: Juan AlUerto Martinez ry 3 CITY OF FORT WORTH r COO/ T.M. Higgins Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & C: C-21313 OFFICIAL RECORD] �,ITY SECRETARY` 7 WORTH, TX: 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 § BEFORE ZE, the undersigned authority, on this day personally appeared of HMH Lifestyles, L.P., a Texas limited paf tnership, 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 ! L day of STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Juan Alberto Martinez 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. Notary Public in and for the State of Texas MY HAND AND SEAL OF OFFICE this 27 day of May, 2008. ,•�4`�Y'P'�%, BRITANY WITTER �P v6 �°' �=Notary Publ(c, State of Texas N9� �e%My Commission Expires 11/18/2010 Electronically Recorded Official Public Records D2O82010L4 11,TTY RIGHTS: IF YOU ARE ANATURAL PERSON, YOU ANY OR ALL OF THE FOLLOWING INFORMATION FROM NSFERS AN INTEREST IN REAL PROPERTY BEFORE THE PUBLIC RECORDS: YOUR SOCIAL SECURITY O YOUR DRIVER'S LICENSE NUMBER Qrantor: H1Vffi Lifestytea, Ltii4-y' Grantor's Mailing Address (inclu g co ): I Airport Freeway, Saito 400, North Richland Hills, TX 76I80 Grantee: Juan Alberto Martin , ar led an Grantee's Mailing Address Qncl con 16 uma Street, Fort Worth, TX 76119 Consideration: TEN AN NO LL S o or good and valuable consideration and the further consideration of a note dated of ev d at is I lh rineip 1 amount of Seventy Nine Thousand Six Hundred One and No/100'h Dollars ($79,601.0 d is a ut by Or rtee, payable to the order ofNTP'N, Inc. The note is secured in part by a vendor's lien reta' d in vo f N , Ine. in this deed and by a deed of trust of even date herewith, from Grantee to George M. Sh . , Jr ruste And for the further consideration the a cudon and de is 1n the principal amount of Nineteen Thoksinad Nine Hundred payable to City of Fort Worth, 'texas, as rho m provided, and grid attorney foes, and further providing that should default b at or in any of the covenants of the Deed of Trust se the described note shall, at the option of the holder thereof, one a subordinate Vendor's Lien hereby expressly ret ed rat rr convoyod, and being additionally secured by a subo Inate eed Trustee. Property (including any improvements): Lot 1 in BI Fort Worth, Tarrant County, Tezos, according to Slides t0693 & I0694, Plat Records, Tarrant County, Tezae. er Resvations from and Exceptions to Conveyance subject to any and all restrictions, mineral reservations, co' and older governmental zoning laws, regulations and vrdi herein described property. Granteetee of a note dated of even date that dine and No/1DOw Donets ($19.999.00), for accclemtion of maturity Upon default yf116nt 9f the f= dt'rivribc-d ri414 above, debtedness evidenced by the second s d payable, said note being secured by n the property herein described and on date herewith to Vicki S, Ganskc, a Vista, an addition to the City of thereof recorded In Cabinet A, conveyance is given and accepted ghts-of--way, easements, municipal :ord in said County, affecting the Grantor, for the consideration and subject to the arranty, grants, sells, and conveys to Omntee the property resarvatiom ax w, coact er al t appurtenances thereto in any wise belonging to have and hold i to rant e, administrators, successors, or assigns forever. Qmntor binds Grantor an G nt is 1 i and successors to warrant and forever defend all and singular the prope to to lea at administrators, successors, and assigns against every person whomsoeve wfbl to any part thereof, except as to the reservations from and exceptions to cone a w The vendor's lien against and superior title to the properly are retaincp unt}7 paid according to its terms, at which time this deed shall become absolute. II and request of the Granite herein, having advanced and paid in cash to the u purchase price of the herein described properly as is evidenwd by the hereinab t Lion, together with the Superior Title to said property, is retained herein for the be fit 0r0 hereby TKANSFDA—R—EV AND ASSIGNED to said Lender, its successors and as " Grantor and Grantee also acknowledge the retention of a second, suboMinat and Grantor hereby transfers the same to CITY OF FORT WORTH, hereinal BENEFICIARY", which lion secures, Grantee's certain other note of oven date to SEC in the amount of $19,999.00, being further cons[deration paid to Grantor, as more pan trust of even date herewith to VICKI S. GANSKE, TRUSTEE, But it is expressly a vendor's lien and superior tide are retained in favor of the FIRST -LIEN BENENFII BENEFICIARY, respectively, against the above described properly, premises and im, above respective notes is fully paid according to Its terms, when this deed shod become Grantee assumes payment of all taxas.tor current and subsequent years. When the context requires, singular nouns and pronouns Include the plural, ions to conveyance and singular the rights and ntea's heirs, executors, tutors, administrators, ra feels htiv§, cmveut3rs, o [o claim the same or conveyance is given and accepted ghts-of--way, easements, municipal :ord in said County, affecting the Grantor, for the consideration and subject to the arranty, grants, sells, and conveys to Omntee the property resarvatiom ax w, coact er al t appurtenances thereto in any wise belonging to have and hold i to rant e, administrators, successors, or assigns forever. Qmntor binds Grantor an G nt is 1 i and successors to warrant and forever defend all and singular the prope to to lea at administrators, successors, and assigns against every person whomsoeve wfbl to any part thereof, except as to the reservations from and exceptions to cone a w The vendor's lien against and superior title to the properly are retaincp unt}7 paid according to its terms, at which time this deed shall become absolute. II and request of the Granite herein, having advanced and paid in cash to the u purchase price of the herein described properly as is evidenwd by the hereinab t Lion, together with the Superior Title to said property, is retained herein for the be fit 0r0 hereby TKANSFDA—R—EV AND ASSIGNED to said Lender, its successors and as " Grantor and Grantee also acknowledge the retention of a second, suboMinat and Grantor hereby transfers the same to CITY OF FORT WORTH, hereinal BENEFICIARY", which lion secures, Grantee's certain other note of oven date to SEC in the amount of $19,999.00, being further cons[deration paid to Grantor, as more pan trust of even date herewith to VICKI S. GANSKE, TRUSTEE, But it is expressly a vendor's lien and superior tide are retained in favor of the FIRST -LIEN BENENFII BENEFICIARY, respectively, against the above described properly, premises and im, above respective notes is fully paid according to Its terms, when this deed shod become Grantee assumes payment of all taxas.tor current and subsequent years. When the context requires, singular nouns and pronouns Include the plural, ions to conveyance and singular the rights and ntea's heirs, executors, tutors, administrators, ra feels htiv§, cmveut3rs, o [o claim the same or 7TEXAS § OF �§ before ma on the the_ limited partnership. Notary Fublic, State Tarrant Appraisal District Real Estate 07/17/2009 Account Number: 40950824 Georeference: 38586-F-17 Property Location: 3016 Yuma St, Fort Worth Owner Information: Martinez, Juan Alberto 3016 Yuma Dr Fort Worth Tx 76119-0000 2 Prior Owners Legal Description: Sierra Vista Addition Blk F Lot 17 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. PrnnnsPri Values for Tax Year 2009 Land Impr 2009 Total'* Market Value $203000 $75,200 $95,200 A praised Value * $20,000 $75,200 $95,200 Approximate Size **" 13620 .and Acres 000000 Land SgFt 0 Appraised value may be less tnan marKer value aue to s�a�c-iumivaiw mnnauViIQ ..I I increases A zero value indicates that the property record has not yet been completed for the indicated tax year Rounded 5_Ypar Value Histnry Tax Yea XMPT Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total 2008 000 $16,500 $0 $16,500 $16,500 $0 $16,500 2007 000 $161500 $0 $16,500 $16,500 $0 $162500I 2006 000 $5,000 $0 $53000 _ $5,000 — $OI $53000 2009 Notice Sent: 04/30/2009 Exemptions: General Homestead Property Data Deed Date: 05/23/2008 Instrument: D208201624 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