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HomeMy WebLinkAboutContract 40334SECRETARY !`■,l NTRACT NO, ASSIGNMENT O>r U AN ADA I EMEN'I AGREEII11MN t This Assigmnent of Tax Abatement AgrCe is made and entered into by and between Ridglea Place, L.P. ("Assignor") and Linli H. Tran, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Ridglea Place, L.P. ("Ridglea") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 6055 Portrush Drive, Fort Worth, Texas, 76116, Lot. 147, Block 1R, Ridglea Place, Fort' Worth; Texas 76116 ("Property") which is located in the Ridglea Village and Como Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 18, 2003 City Secretary Contract NumberAQMp("Agreement"): B. Section 5 of the Agreement pei711its Assignor to assign all of its rights under the Agreement to Assignee, without obtaining the prior consent of the City Council: C. Pursuant to that certain Special Warranty Deed dated as of April 5, 2010, Assignor conveyed the Property to Linh H. Tran and Assignee acquired title to the real property which is the subject of the Agreement. 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. Assi nit. 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 April 5, 2010 ("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 Assigmnent, Assignor will be discharged from any and all furt�i�bligatians uude� 06-17-10 A11:42 IN OFFICIAL RECORD CITX SECRETARX FT. WORTH, TX 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 and Economic Development Department Neighborhood Empowerment Zone (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Linh H. Tran 6055 Portrush Fort Worth, Texas 76116 ASSIGNOR: Michael Vick, President Boulevard Builders, LLC General Partner for Ridglea Place, LP 4809 Cole Avenue Suite 345 Dallas, Texas 75205 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. I 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 Ue 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: Ridglea Place, L.P. Name: Don�velady, I1tlanaget� Boulevard Builders, LLC General Partner for Ridglea Place, LP ASSIGNEE: Purchaser Name: Linh H. Tran 3 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-22331 ®FFICIAL RECORD CITY SECRETARY FT WORTH, TX n 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 UNDF,R MY HAND AND SEAL OF OFFICE this day of , 2010. ------------- 0 ; MARIA S. SMCNEL Jo v Not y Public in and for MY COMMISSION EXPIRES the tate of Texas '.'s �,.•° Dacsmber 14, 2018 G STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared WLovelady, Manager of Boulevard Builders, LLC, General Partner for Ridglea Place, L.P., 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 Ridglea Place, L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6�day of Pf A a4 2w100 _ ary Public to a State of Texas STATE OI+ TEXAS COUNTY OF TARRANT JAMIE'S R R JR ST TEO P EXkAS MY Comm. Exp, QZ2014 BEFORE ME, the undersigned authority, on this day personally appeared purchaser, 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 ay of 51 and the State of 010 JAMES F LAWLER JR Notary Public STATE OF TEXAS My Comm. Exp, 02/23=4 6 Tarrant Appraisal District Real Estate dell z�zQ1 Q Account Number: 40343936 Georeference: 343954 R-47 Property Location: 6055 Portrush Dr, Fort Worth Owner Information: Tran, Linh H 6055 Portrush Dr Fort Worth Tx 76116-5893 2 Prior Owners Legal Description: Ridglea Place Blk I Lot 47 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. Proaosed Values for Tax Year 2010 Land Im r 2010 Total** Market Value $70,000 $130,100 $200,100 Appraised Value* $16000 ikpproximate Size*** 1,730 Land Acres 010000 Land S Ft 0 Appraised value may be less than market value due to state -mandated limitations 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 Year XMPT Appraised Land Appraised Imp Appraised Total. Market Land Market Impr Market Total 2009 000 $70,000 $129,800 $199,800 $70,000 $129,800 $199,800 2008 000 $709000 $12%800 $199,800 $705000 $12%800 $19%800 2007 000 $28,350 $0 $28,350 $28,350 $0 $281350 2006 000 $28,350 $0 $28,350 $285350 $0 $28,350 20, 000 $28,350 $0 $285350 $285350 $o $28,350 2010 Notice Sent: 04/30/2010 Exemptions: None Property Data Deed Date: 04/05/2010 Instrument: D210080276 Year Built: 2007 Pct Complete: 100 TAD Map: 2024 384 MAPSCO: 074Q Agent: None Protest Deadline: 06/01/2010 Class: 009H State Gode: 02 Sngle Fam Invty Garage Bays: 02 Central Air: Y Central Heat: Y Pool N r OFFICIAL RECORD !�T Wt�RTiH, TY Page 1 of 2 � � �•r Fblt P � 76116 IF YOU A FOLLOWIN A REAL PRO E F( SOCIAL SE STATE OF TE COUNTY OF T On this, the 5TH a RIDGLEA PLACE, L.P., hereinafter called 'Grantor" (whet valuable consideration to Grantor LINH H. TRAN, A SINGLE 51103371 SPECIAL 'Y DEED WITH VENDOR'S LIEN " ('Pexas) ;E OF CONFIDENTIALITY RIGHTS: iON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE tOM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN IS FILED FOR RECORD IN THE PURLIG RECORDS; YOUR tt YOUR DRIVER'S LICENSE NUMBER. KNOW ALI. MEN SY THESE PRESENTS: 2010 that for and in consideration of the sum of Ten Dollars ($10.00) and other good and hereinafter called 'Grantee' (whether one r j, consideration of the execution and delivery b G of $ 148.800.00 ,payable to th et SOUTHWEST BANK hereinaftercalled "Mortgagee", bearing inteeesi at tiie rate therein clause and various accelerationof maturity clauses m case of herein in favor of said Mortgagee, and being also sec} VERNON W. BRYANT, JR. � Trustee; and WHEREAS, Mortgagee has, at the special instance ar of the property hereinafter described, as evidenced by the abov said property securing the payment of said Note are hereby conveying to said Mortgagee the said superior title to said pn Grantor in the premises by virtue of said liens; and hich is hereby acknowledged and confessed, and the further Promissory Note of even date herewith, in the principal sum Grantor has GRANTED, SOLD and CONVEYED, and by these Grantee, the following described property, to•wit: LOT 47, BLOCK iR, OF RIDGLEA PLACE, AN ADDITION TO TEXAS. ACCORDING TO THE PLAT THEREOF RECORDED IN TARRANT COUNTY, TEXAS. note containing the usual reasonable attorneys' fee xured by Vendor's Lien and superior title retained Trust of even dart herewith from Grantee to raid to Grantor a portion of the purchase price Vendor's Lien and Deed of Trust Lien against and delivered to Mortgagee, Grantor hereby i Mortgagee to all the rights and remedies of TO HAVE AND TO HOLD the above -described premises, together with all and sip Wereunto in anywise belonging unto said Grantee, his heirs and assigns, fore) bind himself, his heirs, executors and administrators, to warrant and forever defend all and s Grantee, his heirs and assigns, against every person whomsoever lawful]y claiming or iht;nofBY, THROUGH OR UNDER HIM, BUT NOT OTHERWISE. Taxes for the current year have been prorated and Weir payment is assumed by Grantee. SELL and CONVEY unto said WORTH, TARRANT COUNTY, E 8638, PLAT RECORDS. This conveyance is made subject to any and all valid and subsisting restrictions, easements, rigSt maintenance charges together wiW any lien securing said maintenance charges, zoning laws, ordinances of governmental authorities, conditions and covenants, if any, applicable to and enforceable against We abov shpwn by the records of the County Clerk of said County. � • r, , �•: WWW.DOCSDIR6Cr.COM 04/02/2010 IO:W AM N6W LOAN ..r Page 2 of 2 51103371 fa of any pronoun herein to refer to Grantor or Grantee shall be deemed a proper referet►ce even though Grantor and/ Gre may be an individual (either male or female), a corporation, a partnership or a group of two or mon individuals, _ rat' andJor partnerships, and when this Deed is executed by or to a corporetion, or trustee, the words °heirs, executors and admi ' rya' or "heirs and assigns" shall, with respect to such corporation or trustee, be conatnted [o mean 'successors and ;sly agreed that the Vendor's Lien is retained in favor of the payee oS said Note against the above described and improvements, until said Note and all interest thereof shall have been fully paid according to the terms teed shalt become absolute. v EXECUTED thi4 of i.�/L:1i , but to be effective APRIL 05. 2010 RIOGLEA BY: BOULEVARD ILQ A7EXAS LIMBED LUMIL C TIO RS GENERAL PARTNER STATE OF County of Before me, the undersigned, on this day personally U,novm to me (or proved to me on the oat!► of the foregoing instrument and acknowledged to me expressed. Given under my hand and seal of office this (Seal) STATE OF TEXAS County of Ti4RRANT on O Koury NIP (Seal) s) whose names) subscribed to for the purposes and consideration therein 2010 Ibcd to therein WWW.DDl:SD18ECr.l:OM 04/1r1l2010 10:04AM NEW IAAN