HomeMy WebLinkAboutContract 34583-CA1 CITY SECRETARY
CONTRACT NO C k
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 Joshua Johnson, ("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
1521 Chama Drive, Lot 27 , in Block F 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 , Slide 10693 & 11694 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 #
("Agreement"):
B. Pursuant to that certain Special Warranty Deed dated as of October 13, 2006,
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 October 13, 2006 City Secretary Contract Number
/dA #:
E. Pursuant to that certain Special Warranty Deed dated as of June.5;d009, recorded
under Tarrant County Deed Records, Assignor conveyed the Property to Joshua
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:
OFFICIAL RECORD
-19ry SECRETARY
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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. Acce tp ance. 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 June5y x009 ("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. m. 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.
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CITY OF FORT WORTH:
City of Fort Worth
Housing Department(NEZ)
1000 Throckmorton
Fort Worth, Texas 76102
ASSIGNEE:
Joshua Johnson
1521 Chama Drive
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.
N4/e:
Title: Janet Lewis
re ary
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ASSIGNEE: Joshua Johnson
CITY OF FORT WORTH
Susan Alanis
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY:
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Charlene Sanders
Assistant City Attorney
M & C: C-21313
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Susan
Alanis, 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 she 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 she 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
�(1 , 2011.
Notary Public in and for
the State of Texas
UMDA M.H1 LINGER
MY C^NN 1.�9101V FIRES
Febmary 2,2014
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