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HomeMy WebLinkAboutContract 38970ry a - , 43;y i 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 Juan Moreno and Carina Moreno, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Sierra Vista L.P ("Sietra") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 1349 Sierra Estate Trail, Lot 37 , in Black A of SIERRA VISTA, an addition to f recorded in Cabinet A .Slide 1 U693 & 10694 .Plat Records. T 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 March 31, 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 Sie�ra 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 March 31, 2008 City Secretary Contract Number E. Pursuant to that certain Special Warranty Deed dated as of November IAC2008, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Juan Moreno and Carina Moreno 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 FT. WORTH, TIC 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 November t 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 FORT WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Juan Moreno Carina Moreno 1349 Sierra Estate Trail. Fort Worth, Texas 76119 ASSIGNOR: HMH Lifestyles, L.P. 9001 Airport Freeway, Suite 400 North Richland Hills, TX 75180 8. 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, 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: Ei4� Janet Lewis Ass'Istant Secretary 3 ASSIGNEE: Juan Moreno 4 . , ._ Carina Moreno �, �� 'n�oV�j� 0 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 & C: C-21313 OFFICIAL RECO�C} ��ITY �EC�ETAR� 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 2009. Notary Public in and for the State of Texas AND SEAL OF OFFICE this STATE OF TEXAS § COUNTY OF TARRANT § B ORB ME, the and rsigned authority, on this day personally appeared �. of HMH Lifestyles, L.P., a Texas limited artnership, known to me to b , 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. GIVEJN UNDER MY HAND AND SEAL OF OFFICE this L day of 4JPW�A*u / , 2008. Notary Public in and the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § JODI JENSEN Notary public, State 04 Texas My Commission Expires Julie 12, 2010 !It BEFORE ME, the undersigned authority, on this day personally appeared Juan Moreno and Carina Moreno, 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 day of (L . 2008v m the State of Texas Notary Public, Statue of Taxas My Commission Expires May 20, 2009 7 Electronically Recorded Official Public Records Grantor: HMFT LI Grantor's Mailing Grantee: Juan Moreno and Grantee's Mailing Address 1 Consideration: TEN AND considemtion of a note dated o€ever and No/1000i Dollars ($109,096.0 PlalnsCapital Company. The note PlainsCnpital Company in this doed Trustee. D2O8465358 A I"1'Y RIGHTS: IF YOU ARE A NATURALPERSON, YOU NY OR ALL OF THE FOLLOWING INFORMATION FROM TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE D IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY QR YOUR DRIVER'S LICENSE NUMBER PrimeLending, a PlainsCapital Coq of the purchase price of the property that is title to the property are retained for the be Grantor. nd and wife Sierra F'sstate Trail, Property (including any improvements): Y.ot Port Worih, Tarrant County Texas, according 10693 M ]0694, flat Kecords, Tarrant County, T Reservations from and Exceptions to Conveyil subject to any and all restrictions, mineral reservations, and other governmental zoning laws, regulations and herein d€acribed pretlerty, ter good and valuable considerntion and The fitrther afnoiinf of CJne Hundred Nine Thonsand Ninety Six antee, payable to the order of PrimeLending, a :ndor's lien retained in favor of PrimeLending, a n date herewith, from Grantee toAlinn B. Polunsky, Grantor, for the consideration and subject to the r etv� warranty, grants, sells, and conveys to Grantee the grope appurtenances thereto in any wise belonging to have and hot administrators, successors, or assigns forever. Grantor binds Ore 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 having paid in cash to Grantor that portion :e described, the vendor's lien and superior ainsCapital Company without recourse on The vendor's lien against and superior title: to the property ar� rat paid according to its rattan, at which time this deed shgll'becortri; ebsolut F ("Lender"), at the instance and request of the Grantee herein, having advance that portion of the purchase price of the herein described property as is evide the Vendor's Lien, together with the Superior Title to said property, is retain and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, t Grantee Vista, an addition to the City of S recorded In Cabinet A, Slides This conveyance is given and accepted ��s, rights-ot=way, easements, municipal ,h record in said County, affecting the assumes payment of all taxes for current and subsequent years. and exceptions to Conveyance and h all and singular the rights and Grantee's hairs, executors, or's p bs, executors, administrators, a�id Grantee's heirs, executors, llvSola ]nt; or to claim the same or When the context requires, singular nouns and pronouns include the plural.' before me on the said limited partnership. . r After Recording, Rcfilrn to: Juan Moreno and Carina Moreno 1349 Sierra Hstate Trail Fort Worth, TX 761 l9 note described is fully ?lainsCapital Company i to the Grantor herein m eve described note, b efit of said Lender Tarrant Appraisal District Real Estate 07/17/2009 Account Number: 40949095 Georeference: 38586-A-37 Property Location: 1349 Sierra Estate Tr, Fort Worth Owner Information: Moreno, Juan Etux Carina 1349 Sierra Estate Trl Fort Worth Tx 76119-2661 2 Prior Owners Legal Description: Sierra Vista Addition Blk A Lot 37 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. prnnnsPti Values for Tax Year 2009 Land Impr 2009 Total** Market Value —_ — $20,000 $94,300 $114,300 Appraised Value * $20,000 _ $94,300 $114,300� Approximate Size *** _ _�2,280 Land Acres _ — 0.0000 Land SgFt 0 _ Appraised value may ne less man marKei vaiun vuc tv �a=-a��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 YeatXMPT Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total -2008 000 $16,500 $o $16,500 $16,500 $0 $16,50 2007 1000 j $16,5OOI $0 $16,500 $16,500f $0 $16,50 -.-_�_�. ----Iw_-------- - - _ 2006 1 000 2009 Notice Sent: 04/30/2009 Exemptions: None Property Data Year Built: 2008 Pct Complete: 100 TAD Map: 2054 376 MAPSCO:077Y Agent: None test Deadline: 06/01/2009 Class: 006 State Code: Al Single Family Garage Bays: 01 Central Air: Y Central Heat: Y Pool: N