HomeMy WebLinkAboutContract 48146 ' r
FORTWORTH@ �,.�-- , ,�.�RL
Ye .
e�
PONTRACT NO.
SEP 2IS
O�S�GR�RR�
l�GI�f
NEIGHBORHOOD EMPOWERMENT ZONE
TAX ABATEMENT AGREEMENT
New construction single-family-owner
6151 Indigo Court
This TAX ABATEMENT AGREEMENT("Agreement")is entered into by and between the
CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under the
laws of the State of Texas and acting by and through David Cooke, its duly authorized City Manager, in
accordance with the authority granted under Chapter 378 ofthe Texas Local Government Code,and Deborah
Ann Lewis, owner of property located at 6151 Indigo Court, Lot 56R, Block 16, Woodhaven Country
Club Estates, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Re-Plat
recorded in D215144484, Official Public Records, Tarrant County,Texas.
The City Council of the City of Fort Worth ("City Council")hereby finds and the City and Owner
hereby agree that the following statements are true and correct and constitute the basis upon which the City
and Owner have entered into this Agreement:
A. On May 21, 2013, the Fort Worth City Council adopted Ordinance No. 20760 (the
"Ordinance") establishing"Neighborhood Empowerment Reinvestment Zone No.10" City of Fort Worth,
Texas (the "Zone") and adopted Resolution No. 4210 establishing"Designation of the Woodhaven Area as a
Neighborhood Empowerment Zone" (the"NEZ").
B. Owner owns certain real property located entirely within the Zone and that is more particularly
described in Exhibit"l", attached hereto and hereby made a part of this Agreement for all purposes (the
"Premises").
C. Owner or its assigns plan to construct the Required Improvements, as defined in Section 1.1 of
this Agreement, on the Premises (the"Project").
D. On December 20, 2015, Owner submitted an application for tax abatement to the City
concerning the Premises (the "Application"), attached hereto as Exhibit"2" and hereby made a part of this
Agreement for all purposes.
E. The contemplated use of the Premises, the Required Improvements and the terms of this
Agreement are consistent with encouraging development of the Zone in accordance with the purposes for its
creation and are in compliance with the NEZ Incentives,the Ordinance and other applicable laws,ordinances,
rules and regulations.
F. Written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement,has been furnished in the manner prescribed by the Code to the presiding officers of the governing
bodies of each of the taxing units in which the Premises is located. -;
OFFICIAL RECORD
Page 1
CITY
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court +_
M&C C-27882 Approved:Ausust 23.2016
NOW, THEREFORE, the City and Owner, for and in consideration of the terms and conditions set
forth herein, do hereby contract, covenant and agree as follows:
1. OWNER'S COVENANTS.
1.1. Real Property Improvements.
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements consisting of a single-family residence, of at least 2,500 square feet in size and built to
the specifications listed in Exhibit "3", (collectively the "Required Improvements"). Owner shall
provide a survey of the home upon completion of the Required Improvements. The parties agree
that the final survey shall be a part of this Agreement and shall be labeled Exhibit "4". Minor
variations and more substantial variations if approved in writing by both parties to this Agreement
before construction is undertaken in the Required Improvements from the description provided in
the Application for Tax Abatement shall not constitute an Event of Default, as defined in Section 4.1,
provided that the conditions in the first sentence of this Section 1.1 are met and the Required
Improvements are used for the purposes and in the manner described in Exhibit "3".
1.2. Completion Date of Required Improvements.
Owner certifies that the Required Improvements will be completed within two years from the
date of Council approval. The abatement will automatically terminate two years after Council approval
if a building permit has not been pulled and a foundation has not been poured,unless delayed because
of force majeure, in which case the two years shall be extended by the number of days comprising the
specific force majeure. For purposes of this Agreement, force majeure shall mean an event beyond
Owner's reasonable control as determined by the City of Fort Worth in its sole discretion, which shall
not be unreasonably withheld,including,without limitation, delays caused by adverse weather, delays
in receipt of any required permits or approvals from any governmental authority, acts of God, or fires.
Force majeure shall not include construction delays caused due to purely financial matters, such as,
without limitation, delays in the obtaining of adequate financing.
1.3. Use of Premises.
Owner covenants that the Required Improvements shall be used as the Owner's primary
residence in accordance with the NEZ Incentives. In addition, Owner covenants that throughout the
Term,the Required Improvements shall be maintained for the purposes set forth in this Agreement.
2. ABATEMENT AMOUNTS TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing
entities.
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value of the Premises due to the Required Improvements, over its value as determined
by Tarrant Appraisal District in August, 2016, and this amount is $0.00.
Page 2
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved: August 23.2016
If the square footage requirement and the appraised value of the Required Improvements are
less than as provided in Section 1.1 of this Agreement, Owner shall not be eligible to receive any
Abatement under this Agreement.
2.2 Increase in Value.
The Abatement shall be 100% of the increase in value from the construction of the Required
Improvements and shall apply only to taxes on the increase in value of the Premises due to
construction of the Required Improvements. The Abatement shall not apply to taxes on the land,nor
shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The term of the Abatement ( "Term") shall begin on January 1 of the year following the
calendar year in which the Required Improvement is completed ('Beginning Date") and, unless
sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth(5th)
anniversary of the Beginning Date.
2.4 Protests Over Appraisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises and/or improvements thereon.
2.5. Abatement Application Fee.
The City acknowledges receipt from Owner of the required Application fee of$100.00. The
application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term, at any time during
normal office hours throughout the Term and the year following the Term and following reasonable
notice to Owner, the City shall have and Owner shall provide access to the Premises in order for the
City to inspect the Premises and evaluate the Required Improvements to ensure compliance with the
terms and conditions of this Agreement. Owner shall cooperate fully with the City during any such
inspection and/or evaluation.
3.2. Certification.
Owner shall certify annually to the City that it is in compliance with each applicable term of
this Agreement. The City shall have the right to audit at the City's expense the Required Improvement
with respects to the specifications listed in Exhibit "3". Owner must provide documentation that
Owner is using the Required Improvements as its primary residence (collectively, the "Records") at
any time during the Compliance Auditing Term in order to determine compliance with this
Agreement. Owner shall make all applicable Records available to the City on the Premises or at
another location in the City following reasonable advance notice by the City and shall otherwise
cooperate fully with the City during any audit.
Page 3
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved:Aueust 23.2016
3.3 Provision of Information.
On or before March 1 following the end of every year during the Compliance Auditing Term
and at any other time if requested by the City, Owner shall provide information and documentation
for the previous year that addresses Owner's compliance with each of the terms and conditions of this
Agreement for that calendar year.
Failure to provide all information within the control of Owner required by this Section
3.3 shall constitute an Event of Default, as defined in Section 4.1.
3.4 Determination of Compliance.
On or before August 1 of each year during the Compliance Auditing Term,the City shall make
a decision and rule on the actual annual percentage of Abatement available to Owner for the following
year of the Term and shall notify Owner of such decision and ruling. The actual percentage of the
Abatement granted for a given year of the Term is therefore based upon Owner's compliance with the
terms and conditions of this Agreement during the previous year of the Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner
fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem real property
taxes with respect to the Premises or the Required Improvements, or its ad valorem taxes with respect
to the tangible personal property located on the Premises, become delinquent and Owner does not
timely and properly follow the legal procedures for protest and/or contest of any such ad valorem real
property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE PREMISES AS
PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; or (iv) OWNER DOES NOT
COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH(collectively, each an "Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the City
shall provide a written notice to Owner that describes the nature of the Event of Default. Owner shall
have sixty(60) calendar days from the date of receipt of this written notice to fully cure or have cured
the Event of Default. If Owner reasonably believes that Owner will require additional time to cure
the Event of Default, Owner shall promptly notify the City in writing, in which case (i) after advising
the City Council in an open meeting of Owner's efforts and intent to cure, Owner shall have ninety
(90) calendar days from the original date of receipt of the written notice, or (ii) if Owner reasonably
believes that Owner will require more than ninety(90)days to cure the Event of Default, after advising
the City Council in an open meeting of Owner's efforts and intent to cure, such additional time,if any,
as may be offered by the City Council in its sole discretion.
4.3. Termination for Event of Default and Payment of Liquidated Damages.
If an Event of Default which is defined in Section 4.1 has not been cured within the time frame
specifically allowed under Section 4.2, the City shall have the right to terminate this Agreement
immediately. Owner acknowledges and agrees that an uncured Event of Default will (i) harm the
City's economic development and redevelopment efforts on the Premises and in the vicinity of the
Page 4
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved:Ausust 23,2016
Premises; (ii) require unplanned and expensive additional administrative oversight and involvement
by the City; and (iii) otherwise harm the City, and Owner agrees that the amounts of actual damages
therefrom are speculative in nature and will be difficult or impossible to ascertain. Therefore, upon
termination of this Agreement for any Event of Default, Owner shall pay the City, as liquidated
damages; all taxes that were abated in accordance with this Agreement for each year when an Event
of Default existed and which otherwise would have been paid to the City in the absence of this
Agreement. The City and Owner agree that this amount is a reasonable approximation of actual
damages that the City will incur as a result of an uncured Event of Default and that this Section 4.3 is
intended to provide the City with compensation for actual damages and is not a penalty. This amount
may be recovered by the City through adjustments made to Owner's ad valorem property tax appraisal
by the appraisal district that has jurisdiction over the Premises. Otherwise, this amount shall be due,
owing and paid to the City within sixty (60) days following the effective date of termination of this
Agreement. In the event that all or any portion of this amount is not paid to the City within sixty(60)
days following the effective date of termination of this Agreement, Owner shall also be liable for all
penalties and interest on any outstanding amount at the statutory rate for delinquent taxes, as
determined by the Code at the time of the payment of such penalties and interest (currently, Section
3 3.01 of the Code).
4.4. Termination at Will.
If the City and Owner mutually determine that the development or use of the Premises or the
anticipated Required Improvements are no longer appropriate or feasible, or that a higher or better use
is preferable, the City and Owner may terminate this Agreement in a written format that is signed by
both parties. In this event, (i) if the Term has commenced, the Term shall expire as of the effective
date of the termination of this Agreement; (ii) there shall be no recapture of any taxes previously
abated; and (iii)neither party shall have any further rights or obligations hereunder.
4.5 Sexually oriented business & Liquor Stores or Package Stores.
a. Owner understands and agrees that the City has the right to terminate this agreement if
the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this agreement
as determined in City's sole discretion if the Required Improvements contains or will contain a
liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee which City Council hereby agrees to,
the Abatement granted hereunder shall vest only in Owner;however if Owner sells the Premises and Required
Improvements,this Abatement cannot be assigned to a new owner of all or any portion of the Premises and/or
Required Improvements without the prior consent of the City Council, which consent shall not be
unreasonably withheld provided that (i) the City Council fmds that the proposed assignee is financially
capable of meeting the terms and conditions of this Agreement and (ii) the proposed purchaser agrees in
writing to assume all terms and conditions of Owner under this Agreement. Owner may not otherwise assign,
lease or convey any of its rights under this Agreement. Any attempted assignment without the City Council's
prior consent shall constitute grounds for termination of this Agreement and the Abatement granted hereunder
following ten(10)calendar days of receipt of written notice from the City to Owner.
Page 5
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved: AuRust 23.2016
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee, Owner shall have no further
obligations or duties under this Agreement. In addition, upon assignment to any other entity with the
written consent of City Council,Owner shall have no further duty or obligation under this Agreement.
IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT OF
A SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF THE TRANSFER OF
OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC
TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT
MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY.
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the following, or
such other party or address as either party designates in writing, by certified mail,postage prepaid, or by hand
delivery:
City: Owner:
City of Fort Worth Deborah Ann Lewis
Attn: City Manager 3 825 Falcon Drive
1000 Throckmorton Street Forest Hill, Texas 76119
Fort Worth, Texas 76102
and
Neighborhood Services Department
Attn: Director
1000 Throckmorton
Fort Worth, Texas 76102
7. MISCELLANEOUS.
7.1. Bonds
The Required Improvements will not be financed by tax increment bonds. This Agreement is
subject to the rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning or Zoning
Commission or any member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances or
regulations, and this Agreement, such ordinances or regulations shall control. In the event of any
conflict between the body of this Agreement and Exhibit"3",the body of this Agreement shall control.
Page 6
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved: August 23.2016
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be eligible for complete
or partial exemption from ad valorem taxes as a result of existing law or future legislation. This
Agreement shall not be construed as evidence that such exemptions do not apply to the Premises
and/or Required Improvements.
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor and Council
Communication No. C-27882 on August 24, 2016, which, among other things, authorized the City
Manager to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in connection with a bona fide business purpose. The certificate, if requested,
will be addressed to the Owner, and shall include, but not necessarily be limited to, statements that
this Agreement is in full force and effect without default (or if an Event of Default exists, the nature
of the Event of Default and curative action taken and/or necessary to effect a cure),the remaining term
of this Agreement, the levels and remaining term of the Abatement in effect, and such other matters
reasonably requested by the party or parties to receive the certificates.
7.7. Owner Standing.
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions or
City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any such
litigation.
7.8. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
performable in Tarrant County, Texas.
7.9. Severabilitv.
If any provision of this Agreement is held to be invalid,illegal or unenforceable,the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
7.10 Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
Page 7
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved:Aueust 23.2016
7.11. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Owner,
their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement. This Agreement shall not be amended unless executed in
writing by both parties and approved by the City Council. This Agreement may be executed in
multiple counterparts, each of which shall be considered an original,but all of which shall constitute
one instrument.
(REMAINDER OF PAGE INTENTIONALLY BLANK)
Page 8
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 ADDroved: August 23.2016
CITY OF FORT WORTH: OWNER:
By: By:
Fernando Costa debor-ah Ann Le
Assistant City Manager Owner
ATTEST:
u
Mar
City Secre y
APPROVED AS TO FORM AND LEGALITY:
By. tiY1
Melinda Ramos
Sr. Assistant City Attorney
M& C: C-27882
Date Approved: August 23, 2016
Form 1295 Certification No. Not Required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Page 9
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
WrC..(..-?7RR? Annrnverl• AnPnCt?l ?016
STATE OF TEXAS §
COUNTY OFARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa,
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 resolution 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 Zls� day of
2016.
TRIKINYA L JOHNSON
Nota Public i and for "�
.- Notary Public,State of Texas
the State of Texas �;: ,r Comm.Expires 04-17-2018
Notary ID 1238832-0
STATE OF TEXAS §
COUNTY OFARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Deborah Ann
Lewis, 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.
GI N UNDER MY HAND AND SEAL OF OFFICE this day of
201
No blic in andor
the State of Texas
SARAH J, ODLE
,``. �p+PLe'4
_o�; ��'=Notary Public.State of Texas
P Comm.Expires 1 1-05-2019
Notary ID 6215320
Page 10
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 ADDroved:Aueust 23.2016
Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Required Improvements description
Exhibit 4: Final Survey
Page 11
NEZ Tax Abatement Agreement-Deborah Ann Lewis
6151 Indigo Court
M&C C-27882 Approved:August 23,2016
Exhibit 1
Property Description
6151 Indigo Court, Lot 56R, Block 16, Woodhaven Country Club Estates, an addition to the City
of Fort Worth, Tarrant County, Texas, according to the Re-Plat recorded in D215144484,
Official Public Records, Tarrant County, Texas.
Exhibit 2
FORT-WORTH AppkathnNo.
'CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
i
PROJECT CERTIFICATION APPLICATION
I. APPLICATION CHECK LIST - Please submit the following documentation:
❑ A completed application form j
❑ A list of all properties owned by the applicant,owner,developer,associates,principals,partners,and agents
in the Citv Fort Worth
❑ Non Refundable Application fee—For all Basic Incentives applications excluding Tax Abatement the
application fee is$25.00.For multifamily,commercial,industrial,community facilities,and mixed-use tax
abatement applications: 0.5%of the total Capital Investment of the project,with a$200.00 minimum and
not to exceed$2,000,00;For residential tax abatement applications: $100.00 per house.
❑ Proof of ownership,such as a warranty deed,affidavit of heirship,or a probated will OR evidence of site
control,such as option to buy A registered warranty deed is required for tax abatement application.)
P y( g tY 4 I:
❑ Title abstract of the property(only if applying for release of City liens)
❑ A reduced I Ix17Y�flo`or plan,site plan,and site elevation with a written detailed project description that
includes a construction time line
❑ A detailed line item budget showing the cost breakdown for the project
❑ Copy of Incorporation Papers noting all principals,partners,and agents if applicable
❑ Required -Meet with the Councilmember and Neighborhood&other Organizations representing the NEZ
as outlined in the Public Notice requirement of the NEZ Policy and Guidelines revised February 5,2014 or
followed guidelines of NEZ Strategic Pian if a Strategic Plan is in place for the specific NEZ. j
❑ Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation(For projects located in Woodhaven NEZ only)
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS OF THE DATE OF
APPLICATION.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 60 TO 90
BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE
ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS �!
APPROVED, OR WITHIN THE 12 MONTH PERIOD THAT THE TAX ABATEMENT WAS APPROVED,OR YOU
WILL BE REQUIRED TO REAPPLY FOR NEZ INCENTIVES. I:
ii
IL APPLICANT/AGENT INFORMATION
1. Applicant: 2. Contact Person: i
3. Address; ZS
Street City State Zil,
4. Phone no.: s �' 5. Fax No.: is
6. Email: )
l;ewvv
7. Agent(if any)
8. Address:
Street City State Zip
9. Phone no.: 10. Fax No.:
11. Email:
Revised July 23,2014 1
I
rORTWORTH ApplicationNo. t C)a
I
PROJECT ELIGIBILITY '
1. Please list the addresses and legal descriptions of the project and other properties your organization
owns in Fort Worth. Attach metes and bounds description if no address or legal description is
available. Attach a map showing the location of the project.
Table 1 Property Ownership
Address Zip Codescrintion
(Project Location) Subdivision Name Lot No. Block No.
Other properties owned in the City of Fort Worth -continue on a separate sheet and attach if necessary.
� r A
Ig Z-( Q AL'' ,4
2. For each property listed in Table 1,please check the boxes below to indicate if:
• there are taxes past due;or j
• there are City liens;or
• You (meaning the applicant, developer, associates, agents, principals) have been subject to a Building
Standards Commission's Order of Demolition where the property was demolished within the last five
years.
Table 2 Property Taxes and City Liens
Property City Liens on Property j
Address Taxes Weed Board-up/Open Demolition Paving Order of
Due Liens Stucture Liens Liens Liens Demolition
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ El ❑ ❑
❑ ❑ ❑ El ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ El ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ o El ❑ ❑
(Please attach additional sheets of paper as needed.)
i
If there are taxes due or liens against any property in the City of Fort Worth you may not be eligible
for NEZ incentives
Revised July 23,2014 2
FORT FORTH Application No.
3. Do you own other properties under other names? Yes❑No
If Yes,please specify
4. Does the proposed project conform with City of Fort Worth_Zoning? [ Yes ❑No
If no,what steps are being taken to insure compliance?
5. Project 1:1 ElEl El ❑
Type: Single Family Multi-Family Commercial Industrial Community FacilitiesMixed-Use
Owner Oceupied
❑Rental Property
6. Please describe the proposed residential or commercial project: AQ�OYr i l lkrm.e_
7. If your project is a commercial,industrial,or mixed-use project,please describe the types of
businesses that are being proposed,
8. Is this a new construction or rehab project? New Construction ❑Rehab
9. How much is the total development cost of your project? ��4•q, (3 a(�
10. Will the eligible rehabilitation work* be equal to at least 30% of the Tarrant Appraisal District '
(TAD)assessed value of the structure during the year rehabilitation occurs? ❑ Yes ❑No
*Eligible rehabilitation includes only physical improvements to real property. It does NOT include:
Front yard fencing consisting of chain-link or solid material construction;personal property such as furniture,
appliances,equipment,and/or supplies.Total eligible rehabilitation costs shall equal to or exceed 30%of the
TAD appraised value of the structure during the year rehabilitation occurs.
,! jj i
11. How much is the total square footage of your project? `C 4 square feet
If applying fbr a tax a$atement please answer questions 12 16.Xf not slup.topart III'Incentives.
12.For a single-family homeownership, mixed-use, or multi-family developmentproiect, please fill out
the number of residential units based on income range of owners or renters in the following table.
Table 3 Number of Residential Units and Income Range of Owners or Renters
N' ber•6f-Urutst` ;�Perc
eiita e:_;.:•:'
tiixn.
Tnc e.Ra
> 80%of AMFI**
At or below 80%of AMFI
,... : ;otal:�7rtlts- • .• ;°:, � � � ,'
**AMFI:Area Median Family Income. Please see attachment for income and housing payment guidelines.
13. For a multifamily uroiect to be qualified for tax abatement, at least 20% of total units shall be
affordable to families at or below 80% of AAWL Check the box if you are requesting a waiver of this
requirement, ❑
14. For a commercial, industrial or community facilities project, indicate square footage of non-
residential space.
le• �. is; � , +S.
lip c'ial j Indgstxial .n. ;Comrntiilty.)acihlies'
square feet square feet square feet I
Revised July 23,2014 3
i
FORT WORTH ApplicationNo.
15. How much will be your Capital Investment*** on the project?Please use the following table to provide
the details and amount of your Capital Investment(Attached additional sheets if necessary).
Table 4 Itemized Budget of the Project
ems.: 'Amount'` :Notes
I
Total
***Capital Investment includes only real property improvements such as new facilities and structures,site improvements, facility
expansion, and facility modernization. Capital Investment DOES NOT include land acquisition costs and/or any existing
improvements,or personal property(such as machinery,equipment,and/or supplies or inventory).
16. For a commercial industrial, community facility or mixed-use project, how many employees will the
pro_{ect generate?
17. For a mixed-use project, please indicate the percentage of all uses in the project in the following table.
Table 5 Percentage of Uses in a Mixed-Use Project
:.Type Square Fovtiige ' 1?ercentage
Residential
Office
Eating
Entertainment j
Retail sales
Service i
III. INCENTIVES - What incentives are you applying for?
Municipal Property Tax Abatements
Must provide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide j
5 years ❑More than 5 years
[Vesidential owner occupied ❑Residential Rental Property ❑Apartments(5 plus units) ❑ Commercial
Development Fee Waivers
All building permit related fees(including Plans Review and Inspections)
❑ Plat application fee(including concept plan,preliminary plat,final plat,short form replat)
❑ Zoning application fee ❑ Board of Adjustment application fee
❑ Demolition fee ❑ Structure moving fee
❑ Community Facilities Agreement(CFA)application fee
❑ Street and utility easement vacation application fee
Impact Fee Waivers -The maximum water/wastewater impact fee waiver amount for a commercial, industrial, mixed-
use,or community facility development project is equivalent to the water/wastewater impact fee of two 6-inch meters
I
❑ Water (Meter Size _ J (No.of meters ) ❑Transportation
Release of City Liens
❑ Weed liens ❑Paving liens ❑Board up/open structure liens ❑Demolition liens
Revised July 23,2014 4
i
!
FORT WORTH AppWathnNo. r,�2a5— dyt9
III. ACKNOWLEDGMENTS
1 hereby certify that the information provided is true and accurate to the best of my knowledge. 1 hereby
acknowledge that I have received a copy of NEZ Basic Incentives,which governs the granting of tax abatements,fee
waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or
MISREPRESENTATION shall constitute grounds for rejection of an application or termination of incentives at the
discretion of the City.
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect of
the project. I understand that I am responsible in obtaining required permits and inspections from the City and in
ensuring the project is located in the correct zoning district.
I understand that my application will not be processed if it is incomplete. I agree to provide any additional i
information for determining eligibility as requested by the City. /7
(PRINTED OR TYPED N ) (AUTHORIZED SIGN TURF) (DATE)
Please'maihorfax-Y-�pur.applicatlon:to* .
:
C
`-of Fort Worth-�:Plaririin nd:.Develo'itieat.De artmenE" ' -
r't
Throe
_ J000k'n rton-Street o ,W
Teh
� �22F .
3
; 1(g1*l)3927g6
Electronic version of this form is available on our website. For more information on the NEZ Program,please visit
our web site at www.fortworthgov.org/planninganddevelopment
For Office Use Only
Application No. 0V 5/0D J 1�D In which NEZ? Council District
Application Completed Date(Received Date): Conform with Zoning? ❑Yes ❑No
Type? ❑ SF ❑ Multifamily [I Commercial ❑ Industrial ❑Community facilities E]Mixed-Use
Construction completion date? ❑Before NEZ E]After NEZ Ownership/Site Control ❑Yes❑No
TAD Account No. Consistent with the NEZ plan? ❑Yes ❑No
Meet affordability test? ❑Yes ❑No Minimum Capital Investment? ❑Yes ❑No
Rehab at or higher than 30%? ❑Yes ❑No Meet mixed-use definition? ❑Yes ❑No
Tax current on this property? ❑Yes ❑No Tax current on other properties? ❑Yes ❑No
City liens on this property? City liens on other properties?
• Weed liens ❑Yes ❑No • Weed liens ❑Yes ❑No
• Board-up/open structure liens ❑Yes ❑No • Board-up/open structure liens ❑Yes ❑No
• Demolition liens ❑Yes ❑No • Demolition liens ❑Yes ❑No
• Paving liens ❑ Yes ❑No • Paving liens ❑Yes ❑No
• Order of demolition ❑Yes ❑No • Order of demolition ❑Yes ❑No
Certified? ❑Yes ❑No Certified by Date certification issued?
If not certified,reason
Referred to: ❑Economic Development ❑Housing ❑Development ❑Water ❑Code ❑TPW
Revised July 23,2014 5
Exhibit 3
Project Description
New construction of a single family residence
• Approximately 2,500 square feet
• 3 Bedrooms
• 2 1/2 Bathrooms
• Great Room
• Kitchen/Dining Area
• Sun Room
• Covered Back Porch w/Fireplace, outdoor kitchen and Storage
• Covered Front Porch
• Utility Room
• 2 Car Garage
Exhibit 4
Final Survey
Will be provided to City after construction is complete and final Inspection is passed.
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT, WORTII
COUNCIL ACTION: Approved on 8/23/2016
DATE: 8/23/2016 REFERENCE C-27882 LOG NAME: 19NS NEZ6151INDIGOCT
NO..
NON- PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Deborah Ann Lewis for
the Construction of a Single-Family Dwelling Located at 6151 Indigo Court in the
Woodhaven Neighborhood Empowerment Zone (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Five-Year Tax Abatement
Agreement with Deborah Ann Lewis for the construction of a single-family dwelling located at 6151
Indigo Court in the Woodhaven Neighborhood Empowerment Zone, in accordance with the
Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Deborah Ann Lewis (Property Owner) is the owner of the property described as Lot 56R, Block 16,
Woodhaven Country Club Estates, an addition to the City of Fort Worth, Tarrant County, Texas,
according to the re-plat recorded in D215144484, Official Public Records, Tarrant County , Texas, at
6151 Indigo Court, Fort Worth, Texas. The property is located within the Woodhaven Neighborhood
Empowerment Zone (NEZ).
The Property Owner plans to invest an estimated amount of $244,000.00 to construct an
approximately 2,500 square foot single-family residence (Project). The Project will be used as the
Property Owner's primary residence.
The Neighborhood Services Department reviewed the application and certified that the Property
Owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives includes a Five-Year Municipal Property Tax Abatement on
the increased value of improvements to the qualified owner of any new construction or rehabilitation
within the NEZ.
Upon execution of the Agreement, the total assessed value of the improvements used for calculating
municipal property tax will be frozen for a period of five years starting January 2017 at the estimated
pre-improvement value as defined by the Tarrant Appraisal District (TAD) in 2016 for the property as
follows:
Pre-Improvement TAD Value of Improveme Is 0.00
Pre-Improvement Estimated Value of Land 11$30,000.00
Total Pre-Improvement Estimated Value $30,000.00
The municipal property tax on the improved value of Project after construction is estimated in the
amount of$2,086.00 per year for a total amount of$10,431.00 over the five-year period. However,
this estimate may differ from the actual tax abatement value, which will be calculated based on the
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22702&eouncildate=8/23/2016 08/29/2016
M&C Review Page 2 of 2
Tarrant Appraisal District appraised value of the property.
In the event of a sale of this property, the Tax Abatement Agreement may be assigned to a new
owner's first mortgage or a new owner as a primary residence. All other assignments must be
approved by the City Council.
This property is located in COUNCIL DISTRICT 4, Mapsco 65R.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations will have no material
effect on the Fiscal Year 2016 Budget. While no current year impact is anticipated from this action,
upon approval, reduced revenues will be included in the long-term forecast associated with years
2017-2021.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
6151 Indigo Map.pdf
Elevations and Floor Plan.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22702&councildate=8/23/2016 08/29/2016