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HomeMy WebLinkAboutContract 38959f S � TY SEC�REikRV§ NTRAOT NO F i?.!L ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and by and between HMH Lifestyles, L.P., ("Assignor") and Kachelle ("Assignee") and the City of Fort Worth, ("City") RECITALS entered into B Johnson 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 of Fort Worth. Tarrant' County% Texas. according to the Map or Plat thereof recorded in Cabinet A ,Slide: 10693 R.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 Wort �Fgeary 21, 2007, City Secretary Contract Number ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of 1/17/08 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. Sierra assigned the Agreement to HMH Lifestyles, L.P. Assignor such Agreement is dated 1/17/08 City Secretary Contract Number J�� 0 E. Pursuant to that certain Special Warranty Deed dated as of 'l ` 1 � 2008 recorded under Tarrant County Deed Records, Assignor conveyed the Property to Kachelle B Johnson 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: I. OFFICIAL �ECC�t�� CITY SECRETAtRIV 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 Jul 1 J 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: Kachelle B Johnson 3012 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 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. I�fne; Janzt Lewis Title: ssistant Secretary ASSIGNEE: 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 �FFICfAL RECORD CITY ��CCRETAR�` WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Ta 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 § B OK win, the undersigned authority, on this day personally appeared of HMH Lifestyles, L.P., a Texas limited artnership, known to me to be fhe 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. EAL OF OFFICE this 23 day of July, 2008. and for the State of Texas MY COMMISSION EXPIRES % r= February 14, 2010 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Kachelle B Johnson kriown 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. kINDER MY HAND AND SEAL OF OFFICE this 23 day of July, 2008. Notary Public in and for the State of Texas ,,,� �,,,,, 9RiTANY tN1TTER Pv®'�, Pub110, State of Texas &6P �N��py Commission Expires C� Electronically Recorded Official Public Records NOTICE OF G� REMOVE OR Grantor: 7iMH Lifastylea, LP. Grantor's Mailing Address (bte: Gramee: Kochclle S_ Johnson, a sidg Grantee's Mailing Address (Llcluding Consideration: TEN AND N tt conside+arinn of a note dated of oven da Sixteen and No/l Oath Dollars ($94,41& PlainsCapital Company, The note is set PlainsCapital Company in this deed and by Trustee. D208291122 RIGHTS: 1T YOU ARUM A NATURAL PERSON, YOU MAY ALL OF THE FOLLOWING INFORMATION FROM ANY ERS AN INTEREST IN REAL PROPERTY 13EFORE IT IS }}I,IC RECORDS: YOUR SOCIAL SECURITY NUD415ER OR h]RIYBR'S LIGBNSB NUMBER utd o r good and valuable cansidcrnlioo and the further prl pal amount of Ninety Four Thousand Four Hundred t by Grantee, payable to the order of PrimeLending, n y a vendor's Ilan retained in favor of PrimeLending, a of oven date)tV with, from Grantee to Allan H. Pohmsky, And for die further consideration oftha execution and the principal amount of 3evenceen Thousand Nine @Itmdred iJl City of Fort Worth, Texas, as therain provided, and provi a 1 fees, and ibrchor providing tbat should default be made in e p eovcnants of the Deed of Trust scouring the same, the 1 ebtad option of the holder thereof at once bowmo due and p able: hereby expressly retalned and reserved upon she pmperty eh by a subordinate Deed of Trust of eve)) dale herc.vith to VI; Property (including any imprvvcmenls): Lot 18> In Bit Fort Worth, 't'orrant County, Taxes, teeeordtnp to tit Slides 701i93 � f0694, Pla! Records, Tarrant County, Texas, Reservotimrs from and Exceptions to Conveyance and subject to any and all resaletiom, reservations, covenants, eared: governmental zoning laws, regulations and ordmanws, If any, of Property. Grantor, for the consideration and subject W the reservations from grants, lolls, and convoys to Grantee the property, togotha with all and sin any wise belonging, to have and bold It to Grencee, Qrantee's heirs, exec forever. Grunter binds Grantor and Grantor's heir, executors, adminislri defend all and singular the property to Grantee and Grantee's heirs, execu against every person whomsoever lawtblly claiming or to claim tits W mservatlons from and exceptions to conveyance and warranty. The Vendor's Liens and Superior Title heroin reteG[ed nre hereby FrirneLondbtg, a PlainsCapital Company, IC 9nCCer9D[9 and a991gn9. tea oPa note dated of even date that Is In /l0ou Doiiars (517,999.00), paytrblc Io of maturity upon dafault and atwmay t described note above, or in any of the y the second described nwo shall, at the awurcd by a subordinate Vendor's Lion convoyed, and being addhionally secured Grunter end Grantee also aclmowiedgo the retention of o second, subordinate Grantor hereby nansfera the some to CITY OF FORT WORTH, hereinafter called"SE which Ilan stwnras, O+mtae's certain other Hate of even date to SECOND LIEN BS 517,999.00, being tbrther eoruiderat+on paid to Grantor, es more particularly described herewith to VICKI S. GANSKE, TRUSTED, But it is expressly agreed and stipulated that 1 title are rotainud in favor of the FIRST -LIEN BENENFICIARY and $I?COND-LIEN 19 agelnst the above described property, premises and improvements, until each of the above according to Its terms, when this deed shall become absolute. When the cnnloxt requires, singular nouns and pronouns includelhe plural. an addition to rite City of recorded In Cabinet A, i9 given area accepted e, munlefpal end usher ig the herein described onveyance and warranty, appurtenances thereoo to successors, ar oasigns s t warrant and foreverrs esso, and assigns, it, except as to she MAKER HOMES; 8174020607; JUL-23-08 1:25PM; PAGE 5/6 ARat RLeii 1Cacbelte H. of 3012 Yuma St, Fort Wortb, n befocE me on the day �^ 2008 by the ��' f HMH. Lifestyles, arrant Appraisal District Real Estate Account Number: Georeference: Property Location: Owner Information: 07/17/2009 40950832 38586-F-18 3012 Yuma St, Fort Worth Johnson, Kachelle B 3012 Yuma Dr Fort Worth Tx 76119-0000 2 Prior Owners Legal Description: Sierra Vista Addition Blk F Lot 18 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 $2_0,000 $84,600 $104,600 _ Appraised Value $20,000 v $84,600 $104,600 A at roxime Size** 15920 p .and Acres 0.0000 .and Sg v 0 Appraised value may be Tess than market value due to state-manoatec urn¢auons on vawe 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 Yea�XMPTI _ Appraised Land Appraisedimpr Appraised Total Market Land Market Impr Market Total 2008 000 $16,500 0 $16,500 $0[' $16,500 $0 $16,500 2007 1 000 $16,500 — $0 $16,500 $167500� $0 $16,500 _ _ 2006 J 000_�$5,000 _ $0� $5,000 $5,000 $OI $5,000 _ 2009 Notice Sent: 04/30/2009 Exemptions: General Homestead Property Data Deed Date: 07/18/2008 Instrument: D208291122 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