HomeMy WebLinkAboutContract 38669oN R CT ITNC�I a
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 Andre Rivers, ("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
2956 Pima Lane, Lot 64, 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 I. Slide 10693 & 10694. Plat Records. Tarrant Countv.
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 .3�5OL
("Agreement"):
B. Pursuant to that certain Special Warranty Deed dated as of 04/18/2008? 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 04/18/2008 City Secretary Contract Number
E. Pursuant to that certain Special Warranty Deed dated as of July 30,2008, recorded
under Tarrant County Deed Records, Assignor conveyed the Property to Andre
Rivers 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:
oFFicta� REcoRo
OlTI(S�CR�TARY
�T. WORTH, TX
I III
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 July 30, 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.
CITY OF FOR WORTH:
City of Fort Worth
Housing Department (NEZ)
1000 Throckmorton
Fort Worth, Texas 76102
ASSIGNEE:
Andre Rivers
2956 Pima Lane
Fort Worth, Texas 76119
ASSIGNOR:
HMH Lifestyles, L.P.
9001 Airport Freeway, Suite 400
North Richland Hills, TX 75180
Successors. Except as herein otherwise provided,
upon and inure to the benefit of the parties, and
administrators, successors and assigns.
this Assignment will be binding
their respective heirs, executors,
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.
Namf
Title:
Janet Lewis
3
ASSIGNEE: Andre Rivers
Name:
CITY OF FORT WORTH
T.M. Higgins
Assistant City Manager
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders
Assistant City Attorney
M & Co C-21313
®FFICIAL RECORD
�.ITI� SECRET�iFt�
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 §
O
7
the undersned authority, on this day personally appeareZ of HMH Lifestyles, L.P., a Texas limited
artnership, known to me to be e person whose name is subscribed to the foreoin gg
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.
UNDER MY HAND AND SEAL OF OFFICE this 0 day of
2008.
Notar�ublic in and
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
�"t P STACEY BELL
` *=gem MY COMMISSION EXPIRES
Fabruary 14, 2010
.R�,,
BEFORE ME, the undersigned authority, on this day personally appeared Andre Rivers,
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 _30_ day of
the State of Texas
"ryA M. ESTEP
Notary Public, State of Texas
My Commission Expires
May 20, 2009
0
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Electronically Recorded
Official Public Records
Suzanne Henderson
STNT/ 10701
Date:
Grantor. HMH Lifestyles,
Ornntor's Mailing Address
Grantee: Andre Rivers, a r
Grantee's Malllng Addrers
Consideration: TEN A
consideration of a role dated of
Three Hundred Eleven and No/
PrimeLonding, a PlainsCapital
PrimeLending, a PlamsCapital C
Allen B. Polunslry, Tn,stee.
Tarrant County Texas
2008 Aug 07 12:10 PM
Fee: $ 16.00
Submitter: LANDATA
D208309060
1 Pages
7LITY RIGH"I'S: IF YOU ARE A NATURAL PERSON, YOU
ANY OR ALL OF THE FOLLOWING INFORMATION FROM
AANSFERS AN INTEREST IN REAL PROPERTY BEFORE
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
O YOUR DRIVER'S LICENSE NUMBER
PrimeLendiag, a P1alnsCapital
of the ptrrnhase price of the property [hat is udenc
titla to the property aTo retalllEd f0T 111E tiEREllt Of
Grantvr.
Airport Freeway, Suite 400, North Richland Hltls, TX 76180
Properly (including any improvements): Lo 1
Sort Worth, Tarrant County, Texas, accordf
Slides 10693 8s 10694, Ylnt Records, Tarrant Cou {7
Reservations from and Exceptions to Conve
sabject to any and all restrictions, mitterol reservations
and other governmental zoning laws, regulations and
herein described property.
o er good and valuable consideration and the further
c' I amount of Ono Htmdred Twenty Four Thousand
nd is executed by Grantee, payable to the order of
ured in part by a vendor's lien retained in favor of
a deed of trust of even date herewith, from Grantee to
Grantor, for the consideration and subject to the re ry
warranty, grants, sells, and conveys to Grantee the props
appurtenances thraety in any wise belonging to have err ho
administrators, successors, or assigns forever. Grantor binds G to
and successors to warrant and forever defend all and singular the
administrators, successors, and assigns against every person whoms,
any pan thereof, except as to the reservations from and exceptions to
T7ua vendor's lien against and superior title to the property a rattt�tn
paid according to its teems, of which time this deed shall become absolu e. prrr
("Lender"), at the instance and request of the Grantee hemin, having adva cad r
that portion of the purchase price of the herein described property as is evt
[he Vendor's Lien, together with the Superior Title to said property, is retained
and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its
When the context requires, singular nouns and pronouns include the
STATE OF TEXAS §
COUNTY O §
After Recording, Return to:
Andre Rivers and Deborah G. Hadga
f95b pima Lana
Fort Worth, TX 76119-2656
beforo me on the
the _
Grantor that portion
paid in cash to
brd, the vendor's lion and superior
vital 6+ltapany witheut r4P UM op
in additiun to the City of
recorded io Cabinet A,
IN
given and accepted
easements, municipal
County, affecting the
d exceptions to conveyance and
oil anJ singular the rights and
tee, Grantee's heirs, executors,
s ris, executors, administrators,
ae d Grantee's heirs, executors,
GIsr&ng or to claim the same or
note
described is tatty
�laivsCajitt5l Cvrnpany
to the Grantor hamnn
nabove described note,
ydt fit of said Lender
arrant Appraisal II!
1
eal Estate
07/17/2009
Account Number: 40949397
Georeference: 38586-A-64
Property Location: 2956 Pima Ln, Fort Worth
Owner Information: Rivers, Andre
2 Prior Owners
Legal Description:
Taxing Jurisdictions
2956 Pima Ln
Fort Worth Tx 76119-2656
Sierra Vista Addition
Blk A Lot 64
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.
prnnncarl valllPSt fir Tax Year 2009
Land
Impr
2009 Total**
Market_Value
$20,000
$97,500
$117,500
Value _
$20,000
$97,500
_$117,500
_%pp_raised
Approximate Size**
25300
Land Acres
010000
Land SgFt
_
Appraised value may pe less than marKer value uuc ru 1,11Ma,.�„� ..11 ...,��
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 YeaXMPTAppraised Land Appraised lmpr Appraised Total Market Land Market Impr Market Total
2008 000 �- _ $16,20 — $� $16,200 $16,200 $0 $I65200
---
2007 ` 000 $20,250 $0 $20,250 $20,250 � $0 $20,250
2006 000 f $5,000� $OI $5,000 $500I $OI $5,000
2009 Notice Sent: 04/30/2009
Exemptions: General Homestead
Property Data
Year Built: 2008
Pct Complete: 100
TAD Map: 2054 376
MAPSCO: 077Y
Agent: None
Protest Deadline:
06/01 /2009
Class: 006
State Code: Al
Garage Bays: 02
Central Air: Y
Central Heat: Y
Pool: N
Single Family