HomeMy WebLinkAboutContract 38958CON R CRENO ��95�
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 Isreal Torres, ("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
2941 Nara Vista Trail", Lot 12, in Block D of SIERRA VISTA, an addition to the
City of Fort Worth, Tax�ant County, Texas, according to the Map or Plat thereof
recorded in Cabinet A ,Slide 1063 & 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 21, 2006, City Secretary Contract Number r-'[ �
("Agreement"):
B. Pursuant to that certain Special Warranty Deed dated as of April 10,2007
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 April 10, 2007 City Secretary Contract Number;
E. Pursuant to that certain Special Warranty�Deed dated as of December��,, 2008,
recorded under Tarrant County Deed Records, Assignor conveyed the Property to
Isreal Torres 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 RECOFtC
��ITY SECRETARI�
:FT: WORTH, T�
,r Iid
1
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`., i�Si;
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. Assist. 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. 199 ("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:
Israel Torres
2941 Nara Vista 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, 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.
t c,.
K'
ASSIGNEE: Israel Torres
CITY OF FORT WORTH
T.M. Higgins 41
` Assistant City Manager
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders
Assistant City Attorney
M & C: C-21313
OFFICIAL RECORD
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 §
_ORE the unders�ned authority, on this day personally appeared
of HMH Lifestyles, L.P., a Texas limited
artnership, known to me to be t' e 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.
UNDER MY HAND AND SEAL OF OFFICE thisday of
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
gyp i
:��' %; STACEY BELL
MY COMMISSION EXPIRES
February 14, 2010
� ,?
BEFORE ME, the undersigned authority, on this day personally appeared Isreal Torres,
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 E MY HAND AND SEAL OF OFFICE this day of
. _ r4 .2008.
in and for
the State of Texas
TINA M. ESTEP
Notary Public, State of Texas
My Commission Expires
May 20, 2001
0
Electronically Recorded
Official Public Records
Grantor: iIlVIi[ Lifestyles, L.
Grantor's Mailing Address (h
TX 76180
Grantee: Isreal Torres, an w
Grantee's Mailing Address (I
D209039909
RIGHTS: IF YOU ARE A NAT[JRAL PERSON, YOU MAY
ALL OF THE FOLLOWING INFORMATION FROM ANY
�TSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
l XDRIVER'S LICENSE NUMBER
Consideration: TEIS
consideration of a note dated of even da
Ninety Two and No/100th Dollars ($101
N.A. The note is secured in part by a v
deed of trust of even date herewith, from
And for the further consideration of th exe�cu Rand de
the principal amount oP Fourteen Thousand Nin I dyed and F
Worth, Texas, as therein provided, and providing r acceleration
providiug that should default be made in the pltyment)€the firs
:)md of Trust securing the same, the indebtedness oviden by
holder thereor, at once become duo and payable, said a be
expressly retained and reserved upon the property hare' descr
subordinate Deed of Trust of even date herewith to Vick . GrS.
Property (including any improvements): Lot 12,
Fort Worth, Tarrant County, Texas, according
Slides 30693 & 1OG94, Plet Records, Tarrant County,'
Reservations from and Exceptions to Conveyance and
subject to any and all restrictions, reservations, covenants, cond'
govermnental inning laws, regulations and ordinances, if any, of
property
good and valuable ConSideratian and slit: R;rt}ler
mat of Ona Htmdred One Thousand Two Hundred
G1Hntee, payable to the order of Bank of America,
tr of Bank of America, N.A. in this deed and by a
Grantor, for the consideration and subject to the reseMtions from
grants, sells, and conveys to Grantee the property, together with all and sin
any wise belonging, to have and hold it to Grantee, Grantoo's heirs, exeq
forever. S'itanl9r 41n>iy 4tAnt9r fltiS1 4rrpniQr's hgasi executors, administrl
defend all and singular the property to Grantee and Grantee's heirs, oxecu
against ovary person whomsoever lawfully clahnhtg or to clam the s.
reservations from and exceptions to conveyance and warranty.
The
Vendor's Lions and Superior Title herein retained are hereby
Bank of America, N.A., It SnCGaSSelB and assigns.
.tea of a note dated of ovon data that is in
s ($14,900,00), payable to City of tort
on default and attorney fees, and farther
Above, or in any of the covenants of the
oscribad note shall, at the option of the
y a subordinate Vendor's Lien hereby
ed, and being additionally secured by a
VISTA,
an addition to
the City
of
thereof
recorded in
Cabinet
A,
conveyance is given and accepted
ry, easements, muntcipal and other
anty, affecting the herein described
conveyance
Grantor and Grantee also acknowledge the retention of a second, subordia a an
Grantor hereby transfers the same to CITY OF FORT WORTH, hereinafter called "S
which nen secures, Grantee's certain other note of even date to SECOND LIHN B
$14,90D.00, being further consideration paid to Grantor, as more particularly dascri i
herewith to VICKI S, GANSKE, TRUSTEE, But it is expressly agreed and stipulated that
title are retained in favor of the FIRST -LIEN BENENFYCIARY and SECOND -LIEN B
against the above described property, promises and irnprovemdnts, until each of the above
according to its terms, when this deed shall become absolute.
When the context requires, singular ri6iiii3 and pr6n6116$ laahlde the plural.
and warranty,
d apprutenances thereto in
ns, successors, or assigns
to warrant and louver
s,yuocessors, and assigns,
t reof, except as to the
After Record
ISreal Torres
2941 Nara V
Fort Worth,'
acknowledged before me on the % day of a,c. 2008 by
cti , the _� of F MFI Lifestyles,
P��P• a
8
.(Aacj, Notary PutlZv, State of Toxmj
n r lot KAM BELL
'= WcOMMISSIONEXPIRES
Nbmary 14, 2010
arrant Appraisal r !
Real Estate
07/17/2009
Account Number: 40950247
Georeference: 38586-D42
Property Location: 2941 Nara Vista Tr, Fort Worth
Owner Information: Torres, Isreal
2941 Nara Vista Trl
Fort Worth Tx 76119-2641
2 Prior Owners
Legal Description: Sierra Vista Addition
Blk D Lot 12
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 actuaIIV carried in TAD's database.
Proposed Values for Tax Year 2009
Land Impr 2009 Total'*
Market Value $20,000 $91,500 $111,500
Appraised Value $20,000 $91,500 $111,500
Approximate Size *** 2,160
Land _Acres _ 0.0000
1SLand SgFt� __ ��_�___ 0
�___ _.
Appraised value may be less than market value due to state -mandated limitations on value
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 Years XMPT Appraised Land Appraised Impr Appraised Total Market Land I are mpr mar
2007 000 $163500 $� _ $16,500 _$161500 — _— $0 $16,50
2006 000 $5,000 $0 $5,000 $53000 $01 $5,00
2009 Notice Sent: 04/30/2009 Protest Deadline. 06/01/2009
Exemptions: General Homestead
Property Data
Deed Date: 12/26/2008
Instrument: D209039909
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