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HomeMy WebLinkAboutContract 34735-CA1 CITY SECRETARY .CA 1 CONTRACT NO. 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 Luis G Narvaez and Adriana Narvaez, ("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 2921 Nara Vista Trail, Fort Worth, Texas 76119 Lot 17 in Block D 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 & 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 �' y'�3S # ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of December 16, 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 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 Agreemerit is dated December 16, 2008 City Secretary Contract Number # E. Pursuant to that certain Special Warranty Deed dated as of JuneJ, 2009, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Luis G Narvaez and Adriana Narvaez 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: 0' FFICIAL RECORD CITY SECRETARY 7"T. WORTH, TX 1 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 -iment. 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 June 312009 ("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. 2 CITY OF FORT WORTH: City of Fort Worth Housing Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Luis G Narvaez Adriana Narvaez 2921 Nara Vista Trail. Fort Worth,Texas 76119 ASSIGNOR: HMH Lifestyles, L.P. 9001 Airport Freeway, Suite 400 North Richland Hills, TX 75180 S. 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. 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: r 3 ASSIGNEE: Luis G Narvaez ASSIGNEE: Adriana Narvaez Cr cx n 4 CITY OF FORT WORTH /,-4 4 �--, Susan Alanis Assistant City Manager A �p� ��ATTEST: po°O �aa fl000000 a° City Secretary � dry Q� 00 APPROVED AS TO FORM AND LEGALITY: Iljl�, �'pa�� Charlene San- ers, Assistant City Attorney M & C: C-21313 OFFICIAL RECORD CITY SECRETARY ' FT. WORTH, TX 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan 2 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 n" 92011. (4ow-to, ty) Jj Luji-P Notary Public in and for _ the State of Texas r" LINDA M.diIRO ANGER MY COMMISSION EXPIRES }`* 't February 2.2014 6 .M&'� Review Page 1 of 3 official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTH — COUNCIL ACTION: Approved on 2/21/2006 DATE: 2/21/2006 REFERENCE NO.: C-21313 LOG NAME: 05SIERRAVISTA CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Approval of a Tax Abatement Agreement with Sierra Vista, L.P., a Texas Limited Partnership, and HMH Lifestyles, L.P., a Texas Limited Partnership, Located in the Rolling Hills Neighborhood Empowerment Zone RECOMMENDATION: It is recommended that the City Council: 1. Approve a five-year Municipal Property Tax Abatement for 235 properties listed in Exhibit "A" owned by Sierra Vista, L.P., and located in the Rolling Hills Neighborhood Empowerment Zone (NEZ); 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with Sierra Vista, L.P. and HMH Lifestyles, L.P., are true and correct; and 3. Authorize the City Manager to enter into a Tax Abatement Agreement with Sierra Vista, L.P. and HMH Lifestyles, L.P. for the properties listed in Exhibit "A" in accordance with the NEZ Tax Abatement Policy and Basic Incentives. DISCUSSION: Sierra Vista, L.P. and HMH Lifestyles, L.P., are the owners/developers of the 235 properties listed in Exhibit "A". This real property is located in the Rolling Hills NEZ and Neighborhood Empowerment Reinvestment Zone (NERZ No. 8). Sierra Vista, L.P. and HMH Lifestyles, L.P. have applied for a five-year municipal property tax abatement under the NEZ Tax Abatement Policy and Basic Incentives (M&C G-14947), as amended. The NEZ Program offers a five-year municipal property tax abatement on the increased value of improvements to the qualified owner of any new construction within a NEZ. The Housing Department has reviewed the application and certified that the property meets the eligibility criteria to receive NEZ municipal property tax abatement. Sierra Vista, L.P. and HMH Lifestyles, L.P. will invest a minimum of$20,000,000 to construct two hundred and thirty two single-family homes in the Rolling Hills NEZ. In order for HMH Lifestyles, L.P. or any other developer or builder approved by the Housing Department Director to qualify for the tax abatement, HMH Lifestyles, L.P. or any other developer or builder approved by the Housing Department Director must construct homes with a minimum of 1200 square feet of living space with at least three bedrooms and one and one-half baths which will appraise for a minimum of$80,000.00. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=53 3 5&councildate=2/21/2006 03/27/2009 M&.;; Review Page 2 of 3 A more detailed description of the homes to be constructed is attached as Exhibit "B". The Agreement is attached as Exhibit "C". Upon execution of the tax abatement agreement, the total assessed value of each home used for calculating municipal property tax will be frozen for a five-year period, starting on the date the home is sold to a homebuyer to be used as a primary residence, at the pre-improvement value as defined by the Tarrant Appraisal District (TAD) on January 1, 2006, as follows: Pre-improvement TAD Value of Improvements -0- Pre-improvement Estimated Value of Land $2025.00 Total Pre-improvement Estimated Value $2025.00 The municipal property tax on the improved value is estimated at $484.00 per house, per year, for a total of$ 2,420.00 over the five-year period for each house. However, this estimate may be different from the actual tax abatement value, which will be calculated based on the TAD appraised value of the property. The tax abatement agreement provides that the agreement may be assigned without subsequent City Council approval to Sierra Vista, L.P., HMH Lifestyles, L.P., or another builder or developer's first mortgage, or to a homebuyer who will use the required improvements as his/her primary residence, or to the homeowner's mortgagee. All other assignments must be approved by City Council. The agreement also provides that the failure of the owner to send the City notification of the sale of the required improvements and the executed assignment of the agreement with the new owner within 30 days of the transfer of ownership of the required improvements shall result in the automatic termination of the Agreement. This property is located in Council District 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b Dale Fisseler (6266) Originating Department Head: Jerome Walker (7537) Additional Information Contact: Sarah Odle (7316) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=53 3 5&councildate=2/21/2006 03/27/2009 M&C Review Page 3 of 3 ATTACHMENTS Final TA Agreement for M&C.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=533 5&councildate=2/21/2006 03/27/2009 • Exhibit"A" 1. 1401 Gallina Trail 25 Lot E Block 2. 1402 Gallina Trail 75 Lot A Block 3. 1404 Gallina Trail 76 Lot A Block 4. 1405 Gallina Trail 24 Lot E Block S. 1408 Gallina Trail 77 Lot A Block 6. 1409 Gallina Trail 23 Lot E Block 7. 1412 Gallina Trail 78 Lot A Block 8. 1413 Gallina Trail 22 Lot E Block 9. 1416 Gallina Trail 79 Lot A Block 10. 1417 Gallina Trail 21 Lot E Block 11. 1420 Gallina Trail 80 Lot A Block 12. 1421 Gallina Trail 20 Lot E Block 13. 1424 Gallina Trail 81 Lot A Block 14. 1425 Gallina Trail 19 Lot E Block 15. 1428 Gallina Trail 82 Lot A Block 16. 1429 Gallina Trail 18 Lot E Block 17. 1432 Gallina Trail 83 Lot A Block 18. 1433 Gallina Trail 17 Lot E Block 19. 1436 Gallina Trail 84 Lot A Block 20. 1437 Gallina Trail 16 Lot E Block 21. 1440 Gallina Trail 85 Lot A Block 22. 1441 Gallina Trail 15 Lot E Block 23. 1444 Gallina Trail 86 Lot A Block 24. 1445 Gallina Trail 14 Lot E Block 25. 1448 Gallina Trail 87 Lot A Block 26. 1449 Gallina Trail 13 Lot E Block 27. 1300 Montoya Lane 66 Lot A Block 28. 1304 Montoya Lane 67 Lot A Block 29. 1308 Montoya Lane 68 Lot A Block 30. 1400 Montoya Lane 1 Lot E Block 31. 1404 Montoya Lane 2 Lot E Block 32. 1408 Montoya Lane 3 Lot E Block 33. 1412 Montoya Lane 4 Lot E Block 34. 1416 Montoya Lane 5 Lot E Block 35. 1420 Montoya Lane 6 Lot E Block 36. 1424 Montoya Lane 7 Lot E Block 37. 1425 Montoya Lane 10 Lot F Block 38. 1428 Montoya Lane 8 Lot E Block 39. 1429 Montoya Lane 11 Lot F Block 40. 1432 Montoya Lane 9 Lot E Block 41. 1433 Montoya Lane 12 Lot F Block 42. 1436 Montoya Lane 10 Lot E Block 43. 1437 Montoya Lane 13 Lot F Block 44. 1440 Montoya Lane 11 Lot E Block 45. 1441 Montoya Lane 14 Lot F Block 46. 1444 Montoya Lane 12 Lot E Block 47. 1445 Montoya Lane 15 Lot F Block 48. 2900 Las Cruces Dr 1 Lot D Block 49. 2901 Las Cruces Dr 1 Lot F Block 50. 2905 Las Cruces Dr 2 Lot F Block 51. 2908 Las Cruces Dr 2 Lot D Block 52. 2909 Las Cruces Dr 3 Lot F Block 53. 2912 Las Cruces Dr 3 Lot D Block 54. 2913 Las Cruces Dr 4 Lot F Block 55. 2916 Las Cruces Dr 4 Lot D Block 56. 2917 Las Cruces Dr 5 Lot F Block 57. 2920 Las Cruces Dr 5 Lot D Block 58. 2921 Las Cruces Dr 6 Lot F Block 59. 2924 Las Cruces Dr 6 Lot D Block 60. 2925 Las Cruces Dr 7 Lot F Block 61. 2928 Las Cruces Dr 7 Lot D Block 62. 2929 Las Cruces Dr 8 Lot F Block 63. 2932 Las Cruces Dr 8 Lot D Block 64. 2933 Las Cruces Dr 9 Lot F Block 65. 2936 Las Cruces Dr 9 Lot D Block 66. 2940 Las Cruces Dr 10 Lot D Block 67. 2944 Las Cruces Dr 11 Lot D Block 68. 2900 Nara Vista Trail 22 Lot C Block 69. 2901 Nara Vista Trail 22 Lot D Block 70. 2905 Nara Vista Trail 21 Lot D Block 71. 2908 Nara Vista Trail 21 Lot C Block 72. 2909 Nara Vista Trail 20 Lot D Block 73. 2912 Nara Vista Trail 20 Lot C Block 74. 2913 Nara Vista Trail 19 Lot D Block 75. 2916 Nara Vista Trail 19 Lot C Block 76. 2917 Nara Vista Trail 18 Lot D Block 77. 2920 Nara Vista Trail 18 Lot C Block 78. 2921 Nara Vista Trail 17 Lot D Block 79. 2924 Nara Vista Trail 17 Lot C Block 80. 2925 Nara Vista Trail 16 Lot D Block 81. 2928 Nara Vista Trail 16 Lot C Block 82. 2929 Nara Vista Trail 15 Lot D Block 83. 2932 Nara Vista Trail 15 Lot C Block 84. 2933 Nara Vista Trail 14 Lot D Block 85. 2936 Nara Vista Trail 14 Lot C Block 86. 2937 Nara Vista Trail 13 Lot D Block 87. 2940 Nara Vista Trail 13 Lot C Block 88. 2941 Nara Vista Trail 12 Lot D Block 89. 3000 Nara Vista Trail 69 Lot A Block 90. 3004 Nara Vista Trail 70 Lot A Block 91. 3008 Nara Vista Trail 71 Lot A Block 92. 3012 Nara Vista Trail 72 Lot A Block 93. 3016 Nara Vista Trail 73 Lot A Block 94. 3020 Nara Vista Trail 74 Lot A Block 95. 1500 Chama Drive 12 Lot G Block 96. 1501 Chama Drive 22 Lot F Block 97. 1505 Chama Drive 23 Lot F Block 98. 1509 Chama Drive 24 Lot F Block 99. 1512 Chama Drive 11 Lot G Block 100. 1513 Chama Drive 25 Lot F Block 101. 1516 Chama Drive 10 Lot G Block 102. 1517 Chama Drive 26 Lot F Block 103. 1520 Chama Drive Lot G Block 104. 1521 Chama Drive 7 Lot F Block 105. 1524 Chama Drive Lot G Block 106. 1525 Chama Drive 8 Lot F Block 107. 1528 Chama Drive Lot G Block 108. 1529 Chama Drive 9 Lot F Block 109. 1532 Chama Drive Lot G Block 110. 1533 Chama Drive 0 Lot F Block 111. 1536 Chama Drive Lot G Block 112. 1540 Chama Drive Lot F Block 113. 1541 Chama Drive 1 Lot F Block 114. 1544 Chama Drive Lot G Block 115. 1548 Chama Drive Lot G Block 116. 1552 Chama Drive 1 Lot G Block 117. 2900 Pima Lane 0 Lot A Block 118. 2901 Pima Lane 1 Lot C Block 119. 2904 Pima Lane 1 Lot A Block 120. 2908 Pima Lane 2 Lot A Block 121. 2909 Pima Lane Lot C Block 122. 2912 Pima Lane 3 Lot A Block 123. 2913 Pima Lane Lot C Block 124. 2916 Pima Lane 4 Lot A Block 125. 2917 Pima Lane Lot C Block 126. 2920 Pima Lane 55 Lot A Block 127. 2921 Pima Lane 5 Lot C Block 128. 2924 Pima Lane 56 Lot A Block 129. 2925 Pima Lane 6 Lot C Block 130. 2928 Pima Lane 7 Lot A Block 131. 2929 Pima Lane Lot C Block 132. 2932 Pima Lane 8 Lot A Block 133. 2933 Pima Lane Lot C Block 134. 2936 Pima Lane 9 Lot A Block 135. 2937 Pima Lane I Lot C Block 136. 2940 Pima Lane 60 Lot A Block 137. 2941 Pima Lane 10 Lot C Block 138. 2944 Pima Lane 61 Lot A Block 139. 2945 Pima Lane 11 Lot C Block 140. 2948 Pima Lane 62 Lot A Block 141. 2949 Pima Lane 12 Lot C Block 142. 2952 Pima Lane 63 Lot A Block 143. 2956 Pima Lane 64 Lot A Block 144. 2960 Pima Lane 65 Lot A Block 145. 1300 Glen Garden Dr 1 Lot A Block 146. 1304 Glen Garden Dr 2 Lot A Block 147. 1308 Glen Garden Dr 3 Lot A Block 148. 1312 Glen Garden Dr 4 Lot A Block 149. 1316 Glen Garden Dr 5 Lot A Block 150. 1320 Glen Garden Dr 6 Lot A Block 151. 1324 Glen Garden Dr 7 Lot A Block 152. 1328 Glen Garden Dr 8 Lot A Block 153. 1332 Glen Garden Dr 9 Lot A Block 154. 1336 Glen Garden Dr 10 Lot A Block 155. 1340 Glen Garden Dr 11 Lot A Block 156. 1344 Glen Garden Dr 12 Lot A Block 157. 1348 Glen Garden Dr 13 Lot A Block 158. 1400 Glen Garden Dr 14 Lot A Block 159. 1404 Glen Garden Dr 15 Lot A Block 160. 1408 Glen Garden Dr 16 Lot A Block 161. 1412 Glen Garden Dr 17 Lot A Block 162. 1416 Glen Garden Dr 18 Lot A Block 163. 1420 Glen Garden Dr 19 Lot A Block 164. 1424 Glen Garden Dr 20 Lot A Block 165. 1428 Glen Garden Dr 21 Lot A Block 166. 1432 Glen Garden Dr 22 Lot A Block 167. 1436 Glen Garden Dr 23 Lot A Block 168. 1500 Glen Garden Dr 8 Lot B Block 169. 1504 Glen Garden Dr 7 Lot B Block 170. 1508 Glen Garden Dr 6 Lot B Block 171. 1512 Glen Garden Dr 5 Lot B Block 172. 1516 Glen Garden Dr 4 Lot B Block 173. 1520 Glen Garden Dr 3 Lot B Block 174. 1524 Glen Garden Dr 2 Lot B Block 175. 1528 Glen Garden Dr 1 Lot B Block 176. 3000 Yuma Drive 21 Lot F Block 177. 3004Yuma Drive 20 Lot F Block 178. 3008 Yuma Drive 19 Lot F Block 179. 3012 Yuma Drive 18 Lot F Block 180. 3016 Yuma Drive 17 Lot F Block 181. 3020 Yuma Drive 16 Lot F Block 182. 1301 Sierra Estate Tr 49 Lot A Block 183. 1305 Sierra Estate Tr 48 Lot A Block 184. 1309 Sierra Estate Tr 47 Lot A Block 185. 1313 Sierral Estate Tr 46 Lot A Block 186. 1317 Sierra Estate Tr 45 Lot A Block 187. 1321 Sierra Estate Tr 44 Lot A Block 188. 1325 Sierra Estate Tr 43 Lot A Block 189. 1329 Sierra Estate Tr 42 Lot A Block 190. 1333 Sierra Estate Tr 41 Lot A Block 191. 1337 Sierra Estate Tr 40 Lot A Block 192. 1341 Sierra Estate Tr 39 Lot A Block 193. 1345 Sierra Estate Tr 38 Lot A Block 194. 1349 Sierra Estate Tr 37 Lot A Block 195. 1353 Sierral Estate Tr 36 Lot A Block 196. 1357 Sierra Estate Tr 35 Lot A Block 197. 1401 Sierra Estate Tr 34 Lot A Block 198. 1405 Sierra Estate Tr 33 Lot A Block 199. 1409 Sierra Estate Tr 32 Lot A Block 200. 1413 Sierra Estate Tr 31 Lot A Block 201. 1416 Sierra Estate Tr 46 Lot F Block 202. 1417 Sierra Estate Tr 30 Lot A Block 203. 1420 Sierra Estate Tr 45 Lot F Block 204. 1421 Sierra Estate Tr 29 Lot A Block 205. 1424 Sierra Estate Tr 44 Lot F Block 206. 1425 Sierra Estate Tr 28 Lot A Block 207. 1428 Sierra Estate Tr 43 Lot F Block 208. 1429 Sierra Estate Tr 27 Lot A Block 209. 1432 Sierra Estate Tr 42 Lot F Block 210. 1433 Sierra Estate Tr 26 Lot A Block 211. 1436 Sierra Estate Tr 41 Lot F Block 212. 1437 Sierra Estate Tr 25 Lot A Block 213. 1440 Sierra Estate Tr 40 Lot F Block 214. 1441 Sierra Estate Tr 24 Lot A Block 215. 1444 Sierra Estate Tr 39 Lot F Block 216. 1500 Sierra Estate Tr 38 Lot F Block 217. 1501 Sierra Estate Tr 9 Lot B Block 218. 1504 Sierra Estate Tr 37 Lot F Block 219. 1508 Sierra Estate Tr 36 Lot F Block 220. 1509 Sierra Estate Tr 10 Lot B Block 221. 1512 Sierra Estate Tr 35 Lot F Block 222. 1513 Sierra Estate Tr 11 Lot B Block 223. 1516 Sierra Estate Tr 34 Lot F Block 224. 1517 Sierra Estate Tr 12 Lot B Block 225. 1520 Sierra Estate Tr 33 Lot F Block 226. 1521 Sierra Estate Tr 13 Lot B Block 227. 1524 Sierra Estate Tr 32 Lot F Block 228. 1525 Sierra Estate Tr 14 Lot B Block 229. 1529 Sierra Estate Tr 15Lot B Block 230. 1533 Sierra Estate Tr 16 Lot B Block 231. 1537 Sierra Estate Tr 17 Lot B Block 232. 1541 Sierra Estate Tr 18 Lot B Block 233. 1545 Sierra Estate Tr 19 Lot B Block 234. 1549 Sierra Estate Tr 20 Lot B Block 235. 1553 Sierra Estate Tr 21 Lot B Block