HomeMy WebLinkAboutContract 34774C�N ���� �� � 3y77�
STATE OF TEXAS §
COUNTY OF TARRANT §
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A
NEIGHBORHOOD EMPOWERMENT ZONE
2936 Nara Vista Trail
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 Dale
Fisseler, its duly authorized Assistant City Manager, and Sierra Vista, L.P. ("Owner"), a
Texas Limited Partnership, Vertex Investments, Inc. General Partner, acting by and through
Michael J. Mallick, its duly authorized President.
The City Council of the City of Fort Worth ("City Council") hereby iinds 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. Chapter 378 of the Texas Local Government Code allows a municipality
to create a Neighborhood Empowerment Zone (NEZ) if the municipality
determines that the creation of the zone would promote:
1. The creation of affordable housing, including manufactured housing in
the zone;
2. An increase in economic development in the zone;
3. An increase in the quality of social services, education, or public
safety provided to residents of the zone; or
4. The rehabilitation of affordable housing in the zone.
B. Chapter 378 of the Texas Local Government Code provides that a
municipality that creates a NEZ, may enter into agreements abating
municipal property taxes on property in the zone.
C. On July 31, 2001, the City adopted basic incentives for property owners who
own property located in a NEZ, stating that the City elects to be eligible to
participate in tax abatement and including guidelines and criteria governing tax
abatement agreements entered into between the City and various third parties,
titled "NEZ Basic Incentives" ("NEZ Incentives"), these are readopted on
October 4, 2005 (M&C G-14947). The October 4, 2005 NEZ Incentives are
attached hereto as E�ibit "A" hereby made a part of the Agreement for all
purposes.
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D. The NEZ Incentives contains appropriate guidelines and criteria governing tax
abatement agreements to be entered into by the City as contemplated by Chapter
312 of the Texas Tax Code, as amended (the ��Code").
E. On January 21, 2003, the Fort Worth City Council adopted Ordinance No. 15411
(the ��Ordinance") establishing "I�Teighborhood Empowerment Reinvestment
Zone No. 8," City of Fort Worth, Texas (the "Zone"). �
F. Owner owns certain real property located entirely within the Rolling Hills NEZ
and that is more particularly described in Exhibit "B", attached hereto and hereby
made a part of this Agreement for all putposes (the "Premises").
G. Owner or its assigns plan to construct the Required Improvements, as defined in
Section 1.1 of this Agreement, on the Premises to be used for as a single-family
residence to be that will be owner occupied. (the ��Project").
H. On January 10, 2005, Owner submitted an application for NEZ incentives and an
application for tax abatement to the City concerning the contemplated use of the
Premises (the "Application"), attached hereto as Exhibit "C" and hereby made a
part of this Agreement for all purposes.
I. The City Council finds that the contemplated use of the Premises, the Required
Improvements, as defined in Section 1.1, 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
Resolution and other applicable laws, ordinances, rules and regulations.
J. The City Council finds thai the terms of this Agreement, and the Premises and
Required Improvements, satisfy the eligibility criteria of the NEZ Incentives.
K. 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.
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 Pronertv Imurovements.
Owner shall construct, or cause to be constructed, on and within the Premises
certain .improveinents consisting of a single-family residence (collectively, the
"Required Improvements"), (i) of at least 1200 square feet of living space in size with 3
bedrooms and one and one-half baths, and (ii) Having an appraised value of $80,000.00,
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as deiermined by an independent appraiser (collectively; the "Required�
Improvements"). Owner shall provide a survey of the completed home showing
Required Improvements before the home is sold. The parties agree that the final survey
shall be a part of this Agreement and shall be labeled Exhibit E. Minor variations, and
more substantial variations if approved in writing by both of the parties to this
Agreement, in the Required Tmprovements 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 "D".
1.2. Comnletion Date of Reauired Improvements.
Owner covenants to substantially complete construction of all of the Required
Improvements within two years from the issuance and receipt of the building permit,
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,
including, without limitation, delays caused by adverse weather, delays in receipt of any
required permits or approvals from any governmental authority, or acts of God, fires,
sfrikes, national disasters, wars, riots and material or labor restrictions and shortages as
determined by the City of Fort Worth in its sole discretion, which shall not be
unreasonably withheld; but 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 constructed and the
Premises shall be sold so tl�at it is continuously used as the primary residence of the
Home Buyer in accordance with the description of the Project set forth in the Exhibit
"D". In addition, Owner covenants that throughout the Term, the Required
Improvements shall be operated and maintained for the purposes set forth in this
Agreement and in a manner that is consistent with the general puzposes of encouraging
development or redevelopment of the Zorie.
2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS.
� Subject to and in �ccordance with this Agreement, ihe City hereby grants to Owner a real
property tax abatement on the Premises, the Required Improvements, as specifically provided in
this Section 2(��Abatement"). "Abatement" of real properiy taxes only includes City of Fort
Worth-imposed taxes and not taxes from other taxing entities.
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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 and ihe Required Improvements over.
their values on January 1, 2006, the year in which this Agreement was entered into:
One Hundred percent (100%) of the � increase in value from the �
construction of the Required Improvements.
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 apply only to taxes on the increase in value of the Premises
due to construction of tYie Required Tmprovements and shall not apply to taxes on the
land.
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 a Required Improvement is sold to a Home
Buyer to be used as its primary residence ("Beginning Date") and, unless sooner
terminated as herein provided, shall end on December 31 immediately preceding
the fifth (Sth) anniversary of the Beginning Date. Upon the sale to a Home Buyer,
City shall certify that the Required Tmprovements have been completed in
satisfaction of the terms of the agreement. However, the Compliance Auditing
Term will begin on the date this agreement is executed and will end on the
expiration fate of the Term.
2.4. Protests Over Aqpraisals 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 Aunlication Fee.
'The City acknowledges receipt from Owner of the required Abatement application
fee of $100.00 per single family house. The application fee shall not be credited or
refunded io any party for any reason.
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3. RECORDS, CERTIFICATION AND EVALUATION OF PROJECT.
3.1. Insnection of Premises.
Between the execution date of this Agreement and the last day of the Term, at any
time during construction of the Required Improvements 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
Requ'ired Improvement with respects to the specifications listed in Exhibit D. 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.
3.3. Provision of Information.
On or before Fehruary 1 following the end of every year during the Compliance
Auditing Term and 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 informat►on 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
Ciiy shall malce 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 acival 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.
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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 Tmprovements as defined in Section 1.1.; (ii) ad
valorem real property taxes with respect to the Premises or the Project, 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 or
(iii) HOME BUYER DOES NOT USE THE PREMISES AS PRIMARY
RESIDENCE ONCE THE ABATEMENT BEGINS, (iv) HOME BUYER DOES
NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF
ORDINANCE 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 ninety (90) 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 one hundred eighty
(180) calendar days from the original date of receipt of the written notice, or (ii) if Owner
reasonably believes that Owner will require more than one hundred eighty (180) 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 Pavment 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 Premises; (ii) require unplanned and
expensive additional administraiive oversight and involvement by the City; and (iii)
otherwise harm the City, and Owner agrees that the amounts of actual damages there
from are speculative in nature and will be difficult or impossible to ascertain. Therefore,
upon termination of this Agreemeni for any Event of Default, Owner shall not be eligible
for the Abatement for the remaining Term and 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 Defauli 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
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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 tlie� City with
compensation for acival 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 amourit 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 penaltias and interest on any. outstanding
amount at the statutory rate for delinquent taxes, as determined by the Code at the time of
the payrnent of such penalties and interest (currently, Section 33.01 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 Ciiy 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 riglits or obligations hereunder.
4.5. Sexnallv oriented Business & Liauor Stores or Package Stores.
a. Owner understands and agrees the City has the right to terminate this
agreement if the Project 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 Project contains or will contain a
liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to H1VV�� Lifestyles, L.P., or any other builder or
developer approved by the Housing Department Director, or Owner's first mortgagee or to
a homebuyer who will use the Required Tmprovements as its .primary residence or the
homeowner's mortgagee which City Council hereby agrees to, this Abatement cannot.be
assigned without the prior consent of the City Council, which consent shall not be
unreasonably withheld provided that (i) the City Council finds that the proposed assignee is
financially capable of ineeting 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.
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6.
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 enNty 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
TAE 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 TffiS AGREEMENT WITH THE NEW OWNER WITHIN 30
DAYS OF THE TR.ANSFER 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 FIAND DELIVERY.
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
certiiied mail, postage prepaid, or by hand delivery:
City:
City of Fort Worth
Attn: City Manager
1000 Throckmorton St.
Fort Worth, TX 76102
and
Housing Department
Attn: Jerome Walker
1000 Throckmorton
Fort Worth, TX 76102
7. MISCELLANEOUS.
7.1. Bonds.
Owner:
Sierra Vista, L.P.
Vertex Investments, General Partner
3715 Camp Bowie Blvd.
Fort Worth, TX 76107
Tlie Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to rights of holders of outstanding bonds of the City.
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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 beiween the City's zoning ordinances, or other City
ordinances or regulations, and this Agreement, such ordinances or regulations shall
control. In tlie event of any conflict between the body of this Agreement and Exhibit
"D", the body of this Agreement shall control.
7.4. Future Application.
A portion or all of the Premises andlor Required Tmprovements 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. Citv Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor
and Council Communication No.C-21313 on February 21, 2006, which, among other
things, authorized the City Manager to execute this Agreement on behalf of the City.
7.6. Estoupel 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, which if requested will be addressed to the Owner, 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 Standin�.
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.
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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. Recordation.
A certified copy of this Agreement in recordable form shall be recorded in the
Deed Records of Tarrant County, Texas. .
7.10. 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.
7.11. Headin�s Not Controllin�.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
7.12. Entiretv of Agreement.
This Agreement, including any exhibits attached hereto and any documents
incorporaied herein by reference, contains the entire understanding and agreement
beiween 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 instniment.
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EXECUTED this �� day of c�c�n,�w-� , 200� by the City of Fort Worth,
Texas.
EXECUTED this �Y��day of � � , 2006, by Sierra Vista, L.P., Vertex
Investments, General Partner.
CITY OF FORT WORTH:
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By: �� (� - -2 � v � B
Dale Fisseler -
Assistant City Manager
ATTEST:
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By:
City Secretary
APPROVED AS TO FORM AND LEGALTTY:
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By: � Il,'' ', ,�� I.� ✓ j'l" ���;�
Leann Guzma�T
Assistant City Attorney
M & C: C-21313
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me
to be the person and off'icer 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.
GIVE , UNDER MY HAND AND SEAL OF OFFICE this �day of
� �L� , 2006.
S,s�LL.,.�.�a,...��,:�,�,_. �.�.�s�.t_�.,��N.r,.,_.��
i � � " � � :,��rnvruR�� ANI�, L. E3RiS�P�O ��
C22/ � l�%Z,r�,��ut.cJ
Notary Pubhc �n and for � ,ti �� __,. � ��t��� pt,�u� �
���� ��T'A1-� 0� TEx�'��
the State of Texas ; �}; -�..��y
�_� �� P�Iy Gorn�n. �xo. i7il`��1�4��'P�
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Notary's Printed Name
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Michae�Mallick of
Sierra Vista, L.P., a Texas Limited Partnership, Vertex Investmenfs, General Partner, 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 sta.ted and as the act and deed of Sierra Vista., L.P., a Texas Limited Partnership,
Vertex Investments, General Partner.
G1VEN UNDER MY HAND AND SEAL OF OFFICE this �r�-day of
�r`�Zb-�" , 2006.
- . �r�n�nnxx�✓
Notary Public in and for
the State of Texas
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Notary's Printed Name
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,,=o;PaY"°�� j MINpI MORROW
, , '� � NoYary Public, 5t�te r�f %xas
;,qr��`�,c My Commission Expirc+s
�",°�� ��� March U�, 200q
Exhibit A: NEZ Incentives
E�ibit B: Property Description
Exhibit C: Application: (NEZ) Incentives and Tax Abatement
Exhibit D: Project description including kind, number and location of the proposed
improvements.
Exhibit E: Final Survey and Independent Appraisal
Eghibit "A"
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) TAX ABATEMENT POLICY AND BASIC
INCENTIVES
I. GENERAL PURPOSE AND OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a"...municipality determines that the creation
of the zone would promote:
(2) the creation of affordable housing, including manufactured housing, in the zone;
(3) an increase in economic development in the zone;
(4) an increase in the quality of social services, education, or public safety provided to
residents of the zone; or
(5) the rehabilitation of affordable housing in the zone."
The City, by adopting the following NEZ Tax Abatement Policy and Basic Incentives, will
promote affordable housing and economic development in Neighborhood Empowerment Zones.
NEZ incentives will not be granted after the NEZ expires as defined in the resolution designating
the NEZ. For each NEZ, the City Council may approve additional terms and incentives as
permitted by Chapter 378 of the Texas Local Government Code or by City Council resolution.
However, any tax abatement awarded before the expiration of a NEZ shall carry its full term
according to its tax abatement agreement approved by the City Council.
As mandated by state law, the property tax abatement under this policy applies to the owners of
real property. Nothing in the policy shall be construed as an obligation by the City of Fort Worth
to approve any tax abatement application.
II. DEFINITIONS
"Abatement" means the full or partial exemption from City of Fort Worth ad valorem taxes on
eligible properties for a period of up to 10 years and an amount of up to 100% of the increase in
appraised value (as reflected on the certified tax roll of the appropriate county appraisal district)
resulting from improvements begun after the execution of the tax abatement agreement.
Eligible properties must be located in the NEZ.
"Base Value" is the value of the property, excluding land, as determined by the Tarrant County
Appraisal District, during the year rehabilitation occurs,
"Building Standards Commission" is the commission created under Sec. 7-77, Article �V.
Minimum Building Standards Code of the Fort Worth City Code.
"Capital Investment" includes onfy real property improvements. such as new facilities and
structures, site improvements, facility expansion, and facility modernization. Capitaf Investment
does NOT include land acquisition costs and/or any existing improvements, or personal property
(such as machinery, equipment, and/or supplies and inventory).
Adopted October 4, 2005
"City of Fort Worth Tax Abatement Policy Statement" means the poficy adopted by City Council
on February 29, 2000.
"Commercial/Industrial Development Project" is a development project which proposes to
construct or rehabilitate commercial/industrial facilities on property that is (or meets the
requirements to be) zoned commercial, industrial or mixed use as defined by the City of Fort
Worth Zoning Ordinance.
"Community Facility Development Project" is a development project which proposes to construct
or rehabilitate community facilities on property that allows such use as defined by the City of
Fort Worth Zoning Ordinance.
"Eligible Rehabilitation"
Rehabilitation does NOT
and/or supplies).
includes only physical improvements to real property. Eligible
include personal property (such as furniture, appliances, equipment,
"Gross Floor Area" is measured by taking the outside dimensions of the building at each floor
level, except that portion of the basement used only for utilities or storage, and any areas within
the building used for off-street parking.
"Minimum Building Standards Code" is Article IV of the Fort Worth City Code adopted pursuant
to Texas Local Government Code, Chapters 54 and 214.
"Minority Business Enterprise (MBE)" and "Women Business Enterprise (WBE)" is a minority or
woman owned business that has received certification as either a certified MBE or certified
WBE by either the North Texas Regional Certification Agency (NTRCA) or the Texas
Department of Transportation (TxDot), Highway Division.
"Mixed-Use Development Project" is a development project which proposes to construct or
rehabilitate mixed-use facilities in which residential uses constitute 20 percent or more of the
total gross floor area, and office, eating and entertainment, and/or retail sales and service uses
constitute 10 percent or more of the total gross floor area and is on property that is (or meets
the requirements to be) zoned mixed-use as described by the City of Fort Worth Zoning
Ordinance.
"Multi-family Development Project" is a development project which proposes to construct or
rehabilitate multi-family residential living units on property that is (or meets the requirements to
be) zoned multi-family or mixed use as defined by the City of Fort Worth Zoning Ordinance.
"Project" means a "Residential Project', "Commercial/Industrial Development
Project'; "Community Facility Development Project'; "Mixed-Use Development Project'; or a
"Multi-family Development Project."
"Reinvestment Zone" is an area designated as such by the City of Fort Worth in accordance
with the Property Redevelopment and Tax Abatement Act codified in Chapter 312 of the Texas
Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone
Act, codified in Chapter 2303 of the Texas Government Code.
Adopted October 4, 2005 2
III. MUNICIPAL PROPERTY TAX ABATEMENTS
A. RESIDENTIAL PROPERTIES LOCATED IN A NEZ- FULL ABATEMENT FOR 5
YEARS
1. For residential property purchased before NEZ designation, a homeowner shall be
eligible to apply for a tax abatement by meeting the following:
a. Property is owner-occupied and the primary residence of the homeowner prior to
the final NEZ designation. Homeowner shall provide proof of ownership by a
warranty deed, affidavit of heirship, or a probated will, and shall show proof of
primary residence by homestead exemption; and
a. Property is rehabilitated after NEZ designation and City Council approval of the
tax abatement.
b. Homeowner must perform Eligible Rehabilitation on the property after NEZ
designation equal to or in excess of 30% of the Base Value of the property; and
c. Property is not in a tax-delinquent status when the abatement application is
submitted.
0. For residential property purchased after NEZ designation, a homeowner shall be
eligible fo apply for a tax abatement by meeting the following:
c. Property is constructed or rehabilitated affer NEZ designation and City Council
approval of the tax abatement;
d. Property is owner-occupied and is the primary residence of the homeowner.
Homeowner shall provide proof of ownership by a warranty deed, affidavit of
heirship, or a probated will, and shall show proof of primary residence by
homestead exemption;
e. For rehabilitated property, Eligible Rehabilitation costs on the property shall be
equal to or in excess of 30% of the Base Value of the property. The seller or
owner shall provide the City information to support rehabilitation costs;
f. Property is not in a tax-delinquent status when the abatement application is
submitted; and
g. Property is in conformance with the City of Fort Worth Zoning Ordinance.
3. For investor owned single family property, an investor shall be eligible to apply for a
tax abatement by meeting the following:
Property is constructed or rehabilitated after NEZ designation and City Council
approval of the tax abatement;
For rehabilitated property, Eligible Rehabilitation costs on the property shall be
equal to or in excess of 30% of the Base Value of the property;
Property is not in a tax-delinquent status when the abatement application is
submitted; and
Property is in conformance with the City of Fort Worth Zoning Ordinance.
B. MULTI-FAMILY DEVELOPMENT PROJECTS LOCATED IN A NEZ
1. 100% Abatement for 5 vears.
If an_ applicant applies for a tax abatement aqreement with a term of five years or
less, this section shall applv.
Adopted October 4, 2005 3
Abatements for multi-family development projects for up to 5 years are subject to
City Council approval. The applicant may apply with the Housing Department for
such abatement.
The applicant must apply for #he tax abatement and be approved by City Council
before construction or rehabilitation is started.
In order to be eligible for a property tax abatement upon completion, a newly
constructed or rehabilitated multi-family devefopment project in a NEZ must satisfy
the following:
At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) to persons with incomes at or below eighty percent (80%) of area
median income based on family size and such units shall be set aside for
persons at or below 80% of the median income as defined by the U.S.
Department of Housing and Urban Development. City Council may waive or
reduce the 20°/a affordability requirement on a case-by-case basis; and
(a) For a multi-family development project constructed after NEZ designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of $200,000; or
(b) For a rehabilitation project, the property must be rehabilitated after NEZ
designation. Eligible Rehabilitation costs on the property shall be at least
30% of the Base Value of the property. Such Eligible Rehabilitation costs
must come from the rehabilitation of at least five (5) residential living units or
a minimum Capital Investment of $200,000.
2. 1%-100% Abatement of Citv Ad Valorem taxes up to 10 vears
If an applicant applies for a tax abatement aqreement with a term of more than five
vears, this section shall applv. .
Abatements for multi-family development projects for up to 10 years are subject to
City Council approval. The applicant may apply with the Housing Department for
such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
Years 1 through 5 of the Tax Abatement Aareement
Multi-family projects shall be eligible for 100% abatement of City ad valorem taxes
for years one through five of the Tax Abatement Agreement upon the satisfaction of
the following:
At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) to persons with incomes at or below eighty percent (80%) of area
median income based on family size and such units shafl be set aside for
Adopted October 4, 2005 4
persons at or below 80% of the median income as defined by the U.S.
Department of Housing and Urban Development. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; and
a. For a multi-family development project constructed after NEZ designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of $200,000; or ,
b. For a rehabilitation project, the property must be rehabilitated after NEZ
designation. Eligible Rehabilitation costs on the property shall be at least
30% of the Base Value of the property. Such Eligible Rehabilitation costs
must come from the rehabilitation of at least five (5) residential living units or
a minimum Capital Investment of $200,000.
Years 6 through 10 of the Tax Abatement Aqreement
Multi-family projects shall be eligible for a 1%-100% abatement of City ad valorem
taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following:
a. At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) to persons with incomes at or below eighty percent (80%) of area
median income based on family size and such units shall be set aside for
persons at or below 80% of the median income as defined by the U.S.
Department of Housing and Urban Development. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; and
1. For a multi-family development project constructed after NEZ designation, the
project must provide at leasf five (5) residential living units OR have a
minimum Capital Investment of $200,000; or
2. For a rehabilitation project, the property must be rehabilitated after NEZ
designation. Eligible Rehabilitation costs on the property shall be at feast
30% of the Base Value of the property. Such Eligible Rehabilitation costs
must come from the rehabilitation of at least five (5) residential living units or
a minimum Capital Investment of $200,000.
b. Any other terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to:
1. utilization of Fort Worth companies for an agreed upon percentage of the total
costs for construction contracts;
2. utilization of certified minority and women owned business enterprises for an
agreed upon percentage of the total costs for construction contracts;
3. property inspection;
4. commit to hire an agreed upon percentage of F'ort Worth residents
5. commit to hire an agreed upon percentage of Central City residents
6. landscaping; ,
7. tenant selection plans; and
8. management plans.
C. COMMERCIAL, INDUSTRIAL AND COMMUNITY FACILITIES DEVELOPMENT
PROJECTS LOCATED IN A NEZ
Adopted October 4, 2005 5.
1. 100% Abatement of Citv Ad Valorem taxes for 5 vears
If an applicant applies for a tax abatement aqreement with a term of five vears or
less, this section shall applv.
Abatements for Commercial, Industrial and Community Facilities Development
Projects for up to 5 years are subject to City Council approval. The applicant may
apply with the Housing Department for such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
In order to be eligible for a property tax abatement, a newly constructed or
rehabilitated commercial/industrial and community facilities development project in a
NEZ must satisfy the following:
a. A commercial, industrial or a community facilities development project
constructed after NEZ designation must have a minimum Capital Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible
Rehabilitation costs on the property shall be at least 30% of the Base Value of
the property, or $75,000, whichever is greater.
2. 1%-100% Abatement of Citv Ad Valorem taxes up to 10 vears
If an applicant applies for a tax abatement agreement with a term of more than five
years, this section shall applv. �
Abatements agreements for a Commercial, Industrial and Community Facilities
Development projects for up io 10 years are subject to City Council approval. The
applicant may apply with the Economic and Community Development Department for
such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
Years 1 through 5 of the Tax Abatement Aqreement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 100% abatement of City ad valorem taxes for the first five years of the
Tax Abatement Agreement upon the satisfaction of the following:
a. A commercial, industrial or a community facilities development project
constructed after NEZ designation must have a minimum Capitaf Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible
Rehabilitation costs on the property shall be at least 30% of the Base Value of
the property, or $75,000, whichever is greater.
Adopted October 4, 2005 6
Years 6 throuah 10 of the Tax Abatement Aareement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1%-100% abatement of City ad valorem taxes for years six through ten of
the Tax Abatement Agreement upon the satisfaction of the folfowing:
a. A commercial, industriaf or a community facilities development project
constructed after NEZ designation must have a minimum Capital
Investment of $75,000 and must meet the requirements of subsection (c)
below ; or
b. For a rehabifitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs on the property shall be at least 30% of the
Base Value of the property, or $75,000, whichever is greater and meet
the requirements of subsection (c) below.
c. Any other terms as City Council of the City of Fort Worth deems
appropriate, including, but not limited to:
1. utilization of Fort Worth companies for an agreed upon percentage of
the total costs for construction contracts;
2. utilization of certified minority and women owned business enterprises
for an agreed upon percentage of the total costs for construction
contracts;
3. commit to hire an agreed upon percentage of Fort Worth residents;
4. commit to hire an agreed upon percentage of Central City residents;
and
5. landscaping.
D. MIXED-USE DEVELOPMENT PROJECTS LOCATED IN A NEZ
1. 100% Abatement of Citv Ad Valorem taxes for 5 vears
If an apqlicant applies for a tax abatement aqreement with a term of five vears or
less, this section shall applv.
Abatements for Mixed-Use Development Projects for up to 5 years are subject to
City Council approval. The applicant may apply with the Housing Department for
such abatement.
The applicant must appfy for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
In order to be eligible for a property tax abatement, upon completion, a newly
constructed or rehabilitated mixed-use development project in a NEZ must satisfy the
following:
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
and
(1) A mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $200,000; or
Adopted October 4, 2005 7
(2) For a rehabilitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs on the property shall be at least 30% of the Base
Value of the property, or $200,000, whichever is greater.
2. 1%-100% Abatement of Citv Ad Valorem taxes up to 10 vears
If an applicant applies for a tax abatement aqreement with a term of more than five
years, this section shall apply.
Abatements agreements for a Mixed Use Development projects for up to 10 years
are subject to City Council approval. The applicant may apply with the Housing
Department for such abatement.
The applicant must apply for the.tax abatement before construction or rehabilitation
is started and the application for the tax abatement must be approved by City
Council.
Years 1 through 5 of the Tax Abatement Aareement
Mixed Use Development projects shall be eligible for 100% abatement of City ad
valorem taxes for the first five years of the Tax Abatement Agreement upon the
satisfaction of the following:
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
and
c. A new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $200,000; or for a rehabilitation project, it
must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the
property shall be at least 30% of the Base Value of the property, or $200,000,
whichever is greater.
Years 6 throuqh 10 of the Tax Abatement Aqreement
Mixed Use Development projects shall be eligible for 1-100% abatement of City ad
valorem taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following:
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
c. A new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $200,000; or for a rehabilitation project, it
must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the
Adopted October 4, 2005 8
property shall be at least 30% of the Base Value of the property, or $200,000,
whichever is greater; and
d. Any other terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to: �
1. utilization of Fort Worth companies for an agreed upon percentage of the
total costs for construction contracts; �
2. utilization of certified �minority and women owned business enterprises for
an agreed upon percentage of the total costs for construction contracts;
3. property inspection;
4. commit to hire an agreed upon percentage of Fort Worth residents
5. commit to hire an agreed upon percentage of Central City residents
6. landscaping;
7. tenant selection plans; and
8. management plans.
E. ABATEMENT GUIDELINES
1. If a NEZ is located in a Tax Increment Financing District, City Council will determine
on a case-by-case basis if the tax abatement inceniives in Section III will be offered
to eligible Projects. Eligible Projects must meet all eligibility requirements specified
in Section III.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for a tax abatement under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the Cify of Fort Worth
3. In order to be eligible to apply for a tax abatement, the property owner/developer
' must:
a. Not be delinquent in paying property taxes for any property owned by the
owner/developer, except that an owner/developer may enter into a tax
abatement agreement with the city of Fort Worth for a specific Project if:
1. the Project meets NEZ tax abatement criteria; and
2. the applicant is not responsible for the tax delinquency for the Property;
and �
3. the applicant enters into an agreement to pay off the taxes under the
guidelines permitted under state law; and
4. the tax abatement shall provide that the agreement shall take effect
after the delinquent taxes are paid in full
b. Not have any City of Fort Worth liens �led against any property owned by the
applicant property owner/developer. "Liens" include, but are not limited to, weed
liens, demolition liens, board-up/open structure liens and paving liens.
4. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for tax abatements.
Adopted October 4, 2005 9
5. Once a NEZ property owner of a residential property (including multi-family) in the
NEZ satisfies the criteria set forth in Sections III.A, E.1. and E.2. and applies for an
abatement, a property owner may enter into a tax abatement agreement with the City
of Fort Worth. The tax abatement agreement shall automatically terminate if the
property subject to the tax abatement agreement is in violation of the City of Fort
Worth's Minimum Building Standards Code and the owner is convicted of such
violation.
6. A tax abatement granted under the criteria set forth in Section III. can only be
granted once for a property in a NEZ for a maximum term of as specified in the
agreement. If a property on which tax is being abated is sold, the City will assign the
tax abatement agreement for the remaining term once the new owner submits an
application.
7. A property owner/developer of a multifamily development, commercial, industrial,
community facilities and mixed-use development project in the NEZ who desires a
tax abatement under Sections III.B, C or D must:
a. Satisfy the criteria set forth in Sections III.B, C or D, as applicable, and Sections
III.E.1 E.2; and E3. and
b. File an application with the Housing Department, as applicable; and
c. The property owner must enter into a tax abatement agreement with the City of
Fort Worth. In addition to the other terms of agreement, the tax abatement
agreement shall provide that the agreement shall automatically terminate if the
owner receives one conviction of a violation of the City of Fort Worth's Minimum
Building Standards Code regarding the property subject to the abatement
agreement during the term of the tax abatement agreement; and
d. If a property in the NEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term.
8. If the terms of the tax abatement agreement are not met, the City Council has the
right to cancel or amend the abatement agreement. In the event of cancellation, the
recapture of abated taxes shall be limited to the year(s) in which the default occurred
or continued.
9. The terms of the agreement shall include the City of Fort Worth's right to: (1) review
and verify the applicant's financial statements in each year during the life of the
agreement prior to granting a tax abatement in any given year, (2) conduct an on site
inspecfion of the project in each year during the life of the abatement to verify
compliance with the terms of the tax abatement agreement, (3) terminate the
agreement if the Project contains or will contain a sexually oriented business (4
terminate the agreement, as determined �in City's sole discretion, if the Project
contains or will contain a liquor store or package store.
10. Upon completion of construction of the facilities, the City shall no less than annually
evaluate each project receiving abatement to insure compliance with the terms of the
agreement. Any incidents of non-compliance will be reported to the City Council.
On or before February 1 st of every year during the life of the agreement, any
individual or entity receiving a tax abatement from the City of Fort Worth shall
Adopted October 4, 2005 10
provide information and documentation which details the property owner's
compliance with the terms of the respective agreement and shall certify that the
owner is in compliance with each applicable term of the agreement. Failure to report
this information and to provide the required certification by the above deadline shall
result in cancellation of agreement and any taxes abated in the prior year being due
and payable.
11. If a property in the NEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term. Any
sale, assignment or lease of the property which is not permitted in the tax abatement
agreement results in cancellation of the agreement and recapture of any taxes
abated after the date on which an unspecified assignment occurred.
F. APPLICATION FEE
1. An application fee of $25.00 for all basic incentives, excluding tax abatements.
2. The application fee for residential tax abatements governed under Section III.A is
$100.
3. The application fee for multi-family, commercial, industrial, community facilities and
mixed-use development projects governed under Sections III.B., C. and D., is one-
half of one percent (0.5%) of the proposed Project's Capital Investment, with a$200
minimum not to exceed $2,000. The Application Fee shall not be credited or
refunded to any party for any reason.
IV. FEE WAIVERS
A. ELIGIBLE RECIPIENTS/PROPERTIES
City Council shall determine on a case-by-case basis whether a Projeci that will
contain or contains a liquor store or package store is eligible to apply for a fee
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for a fee waiver under this Policy, the Woodhaven
Community Development Corporation and the Woodhaven Neighborhood
Association must have submitted a letter of support for the Project to the City of Fort
Worth.
3. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for development fee waivers.
4. In order for a property owner/developer to be eligible to apply for fee waivers for a
Project, the property owner/developer:
a. must submit an application to the City;
b. must not be delinquent in paying property faxes for any property owned by the
owner/developer or applicant;
Adopted October 4, 2005 11
c. must not have any City liens filed against any property owned by the applicant
property owner/developer, including but not limited to, weed liens, demolition
liens, board-up/open structure liens and paving liens; and
d. of a Project that will contain or contains a liquor store, package store or a sexually
oriented business has received City Council's determination that the Project is
eligible to apply for fee waivers.
Approval of the application and waiver of the fees shall not be deemed to be
approval of anv aspect of the Proiect. Before construction, the applicant must
ensure that the proiect is located in the correct zoning district.
B. DEVELOPMENT FEES
Once the Application for NEZ Incentives has been approved and certified by the City, the
following fees for services perFormed bv the Citv of Fort Worth for Projects in the NEZ
are waived for new construction projects or rehabilitation projects that expend at least
30% of the Base Value of the property on Eligible Rehabilitation costs:
1. All building permit related fees (including Plans Review and Inspections)
2. Plat application fee (including concept plan, preliminary plat, final plat, short form
replat)
3. Board of Adjustment application fee
4. Demolition fee
5. Structure moving fee
6. Community Facilities Agreement (CFA) application fee
7. Zoning application fee
8. Street and utility easement vacation application fee
9. Ordinance Inspection Fees
10. ConsenbEncroachment Agreement Application Fees
Other development related fees not specified above will be considered for approval by
City Council on a case-by-case basis.
C. IMPACT FEES
1. Single family and multi-family residential development projects in the NEZ.
Automatic 100% waiver of water and wastewater impact fees will be applied.
2. Commercial, industriaf, mixed-use, or community facility development projects in the
N EZ.
a. Automatic 100% waiver of water and wastewater impact fees up to $55,000 or
equivalent to two 6-inch meters for each commercial, industrial, mixed-use or
community facility development project.
b. If the project requests an impact fee waiver exceeding $55,000 or requesting a
waiver for larger and/or more than two 6-inch meter, then City Council approval is
required. Applicant may request the additional amount of impact fee waiver
through the Housing Department.
Adopted October 4, 2005 12
V. RELEASE OF CITY LIENS
A. ELIGIBLE RECIPIENTS/PROPERTIES
1. City Council shall determine on a case-by-case basis whether a Project that will
contain or contains a liquor store or package store is eligible to apply for a fee
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for release of city liens under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City of Fort Worth—however, once the NEZ Plan is submitted for the Woodhaven
NEZ, this will no Ionger be required.
3. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for any release of City Liens.
4. In order for a property owner/developer to be eligible to apply for a release of city
liens contained in Section V.B., C., D., and E. for a Project, the property
owner/develaper:
a. must submit an application to the City;
b. must not be delinquent in paying property taxes for any property owned by the
owner/developer;
b. must not have been subject to a Building Standards Commission`s Order of
Demolition where the property was demolished within the last five (5) years;
c. must not have any City of Fort Worth liens filed against any other property owned
by the applicant property owner/developer. "Liens" includes, but is not limited to,
weed liens, demolition liens, board-up/open structure liens and paving liens; and
d. of a Project that contains or will contain a liquor store, package store or a sexually
oriented business has received City Council's determination the Project is eligible
to apply for release of City liens.
5. In order for a Rehabilitation Project to qualify for a release of city liens, the
owner/developer must spend Eligible Rehabilitation costs on the Property of at lease
30% of the Base Value of the Property.
6. Liens shall be released once the Project Improvemenfs have been made to the
property.
7. Any liens filed after the initial certification of the property shall not be released.
B. WEED LIENS
The following are eligible to apply for release of weed liens:
1. Single unit owners perForming rehabilitation on their properties.
2. Builders or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
Adopted October 4, 2005 13
4. Developers constructing new multi-family, commercial, industrial, mixed-use or
community facility development projects.
C. DEMOLITION LIENS
Builders or developers developing or rehabilitating a property for a Project are eligible to
apply for release of demolition liens for up to $30,000. Releases of demolition liens in
excess of $30,000 are subject to City Council approval.
D. BOARD-UP/OPEN STRUCTURE LIENS
The following are eligible to apply for release of board-up/open structure liens:
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers constructing new single family homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing multi-family, commercial, industrial, mixed-use, or
community facility projects.
E. PAVING LIENS
The following are eligible to apply for refease of paving liens:
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing multi-family, commercial, industrial, mixed-use, or
community facility projects.
VI. PROCEDURAL STEPS
A. APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections III. IV., and V. must complete and
submit a City of Fort Worth "Application for NEZ Incentives" and pay the appropriate
application fee to the Housing Department, as applicable.
2. The applicant for incentives under Sections III.C.2 and D.2 must also complete and
submit a Cify of Fort Worth "Application for Tax Abatement" and pay the appropriate
application fee to the Economic Development Office. The application fee, review,
evaluation and approval will be governed by City of Fort Worth Tax Abatement Policy
Statement for Qualifying Development Projects.
B. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS III. IV, AND V
1. The Housing Department will review the application for accuracy and
completeness. Once the Housing Department determines that the application is
complete, the Housing Department will certify the property owner/developer's
eligibility to receive tax abatements and/or basic incentives based on the criteria set
Adopted�October 4, 2005 14
forth in Section III., IV., and V. of this policy, as applicable. Once an applicant's
eligibility is certified, the Housing Department will inform appropriate departments
administering the incentives. An orientation meeting with City departments and the
applicant may be scheduled. The departments include:
a. Housing Department: property tax abatement for residential properties and multi-
family development projects, release of City liens.
b. Economic Development Office: property tax abatement for commercial,
industrial, community facilities or mixed-use development projects.
a. Development Departmeni: development fee waivers.
b. Water Department: impact fee waivers.
c. Other appropriate departments, if applicable.
2. Once Development Department, Water Department, Economic Development Office,
and/or other appropriate department receive a certified application from the Housing
Department, each department/office shall fill out a"Verification of NEZ Incentives for
Certified NEZ Incentives Application" and return it to the Housing Department for
record keeping and tracking.
A. APPLlCATION REVIEW AND EVALUATION FOR APPLICATIONS
1. Property Tax Abatement for Residential Properties and Multi-family Development
Projects
a. For a completed and certified application for no more than five years of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
b. For a completed and certified multi-family development project application far
more than five years of tax abatement:
(1) The Housing Department will evaluate a completed and certified application
based on:
(a) The project's increase in the value of the tax base.
(b) Costs to the City (such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i) Fort Worth based firms, and
(ii) Minority and Women Owned Business Enterprises (M/WBEs).
(d) Other items which the City and the applicant may negotiate.
(2) Consideration by Council Committee.
Based upon the outcome of the evaluation, Housing Department may present
the application to the City Council's Economic Development Committee.
Should the Housing Department present the application to the Economic
Development Committee, the Committee will consider the application at an
open meeting. The Committee may:
(a) Approve the application. Staff will then incorporate the application into a
tax abatement agreement which will be sent to the City Council with the
Committee's recommendation to approve the agreement; or
(b) Request modifications to the application. Housing Department staff will
discuss the suggested modifications with the applicant and then, if the
Adopted October 4, 2005 15
requested modifications are made, resubmit the modified application to
the Committee for consideration; or
(c) Deny the application. The applicant may appeal the Committee's finding
by requesting the City Council to: (a) disregard the Committee's finding
and (b) instruct city staff to incorporate the application into a tax
abatement agreement for future consideration by the City Council.
(3) Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
application or tax abatement agreement. The City of Fort Worth is under no
obligation to provide tax abatement in any amount or value to any applicant.
a. Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January 1 of the year following the year in which a Certificate of Occupancy (CO)
is issued for the qualifying development project (unless otherwise specified in the
tax abatement agreement). Unless otherwise specified in the agreement, taxes
levied during the construction of the project shall be due and payable.
Property Tax Abatement for Commercial, Industriaf, Community Facilities, and
Mixed-Use Development Projects
a. For a completed and certified application for no more than five years of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
b. For a completed and certified application for more than five years of tax
abatement:
(1) The Economic Development Office will evaluate a completed and certified
application based on:
(a) The project's increase in the value of the tax base.
(b) Costs to the City (such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i) ForE Worth based firms, and
(ii) Minority and Women owned Business Enterprises (M/WBEs).
(d) Other items which the City and the applicant may negotiate.
(2) Consideration by Council Committee
Based upon the outcome of the evaluation, the Economic Development
Office may present the application to the City Council's Economic
Development Committee. Should the Economic Development Office present
the application to the Economic Development Committee, the Committee will
consider the application at an open meeting. The Committee may:
(a) Approve the application. Staff will then incorporate the application into a
tax abatement agreement which will be sent to the City Council with the
Committee's recommendation to approve the agreement; or
Adopted October 4, 2005 16
(b) Request modifications to the application. Economic Development Office
staff will discuss the suggested modifications with the applicant and then,
if the requested modifications are made, resubmit the modified application
to the Committee for consideration; or
(c) Deny the application. The applicant may appeal the Committee's finding
by requesting the City Council to: (a) disregard the Committee's finding
and (b) instruct city staff to incorporate the application into a tax
abatement agreemenf for future consideration by the City Council.
(3) Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
application or tax abatement agreement. The City of Fort Worth is under no
obligation to provide tax abatement in any amount or value to any applicant.
c. Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January 1 of the year following the year in which a Certificate of Occupancy (CO)
is issued for the qualifying development project (unless otherwise specified in the
tax abatement agreement). Unless otherwise specified in the agreement, taxes
levied during the construction of the project shalf be due and payable.
3. Development Fee Waivers
a. For certified applications of development fee waivers that do not require Council
approval, the Development Department will review the certified applicant's
application and grant appropriate incentives. �
b. For certified applications of development fee waivers that require Council
approval, City staff will review the certified applicant's application and make
appropriate recommendations to the City Council.
4. Impact Fee Waiver
a. For certified applications of impact fee waivers that do not require Council
approval, the Water Department will review the certified applicant's application
and grant appropriate incentives.
b. For certified applications of impact fee waivers that require Council approval, the
Water Department will review the certified applicant's application and make
appropriate recommendations to the City Council.
1. Release of City Liens
For certi�ed applications of release of City liens, the Housing Department will release
the appropriate liens.
VII. REFUND POLICY
In order for an owner/developer of a Project in a NEZ to receive a refund of development
fees or impact fees, the conditions set forth in the Refund of Development and Impact
Fee Policy, attached as Attachment "A", must be satisfied.
Adopted October 4, 2005 17
VII1. OTHER INCENTIVES
A. Plan reviews of proposed development projects in the NEZ will be expedited by the
Development Department.
B. The City Council may add the following incentives to a NEZ in the Resolution adopting
the NEZ:
1. Municipal sales tax refund
2. Homebuyers assistance
3. Gap financing
4. Land assembly
5. Conveyance of tax foreclosure properties
6. Infrastructure improvements
7. Support for Low Income Housing Tax Credit (LIHTC) applications
8. Land use incentives and zoning/building code exemptions, e.g., mixed-use, density
bonus, parking exemption
9. Tax Increment Financing (TIF)
1Q. Public Improvement District (PID)
11. Tax-exempt bond financing
12. New Model Blocks
13. Loan guarantees
14. Equity investments
15. Other incentives that will effectuate the intent and purposes of NEZ.
IX. Public Notification
a. Subject to subsection (b), in order for an owner/developer to apply to receive any
incentives provided for under the NEZ Tax Abatement Policy and Basic Incentives,
an owner/developer must meet with the following persons and organizations to
discuss the Project:
1. the Council Member for the District the Project is located; and
2. the neighborhood associations or community based organizations registered
with the city in the NEZ the Project is located.
b. Subsection (a) shall be satisfied upon:
1. the owner/developer meeting with the City Council Member for the District the
Project is located and the neighborhood associations or community based
organizations registered with the city in the NEZ the Project is Iocated; or
2. meeting with the City Council Member for the District the Project is located and
upon the owner/developer providing proof that the owner/developer attempted to
meet with the neighborhood associations and the community based
organizations registered with the city in the NEZ the Project is located and the
associations or organizations failed to arrange a meeting with the
owner/developer within two weeks of initial contact.
c. The Public Notification Process listed in (a) and (b) above shall only apply to NEZs in
which the City Council has not approved a NEZ Strategic Plan. Once the a NEZ
Strategic Plan has been approved for the particular NEZ, no public notification shall be
Adopted October 4, 2005 18
required for NEZ Incentives so long as the Project meets the criteria outlined in the
relevant NEZ Strategic Plan.
X. ineliqible Proiects
The following Projects or Businesses shall not be eligible for any incentives under the City' of
Fort Worth's Neighborhood Empowerment Zone (NEZ) Tax Abatement Policy and Basic
Incentives:
1. Sexually Oriented Businesses
2. Non-residential mobile structures
Adopted October 4, 2005 19
ATTACHMENT A
REFUND OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City
may refund development and impact fees, normally waived through the Neighborhood
Empowerment Zone (NEZ).
Applicability
Unless expressly excepted, this policy applies to alf development and impact fees
waived by the City through the NEZ.
Under the NEZ Tax Abatement Policy and Basic Incentives, City Departments are
authorized to waive impact and development fees for gualified projects located in a
designated NEZ. The impact fees include only water and sewer impact fees, up to
$55,000 for commercial, industrial, mixed-use or community facilities projects. The
development fees that can be waived through the NEZ include:
1. All building permit fees (including Plans Review and Inspections)
2. Plat application fee (including concept plan, preliminary plat, final plat, short form
replat)
3. Board of Adjustment application fee
4. Demolition fee
5. Structure moving fee
6. Community Facilities Agreement (CFA) application fee
7. Zoning application fee
8. Street and utility easement vacation application fee.
To iake advantage of these waivers, applicants need to obtain a certification letter from
the Housing Department.
Conditions for Refunds
The City will consider refunds only when circumstances beyond the developers control
prevent them from obtaining the qualification fetter from the Housing Department.
A property owner and/or developer may qualify for a refund if the proposed
development project meets all criteria to receive a fee waiver under the NEZ Tax
Abatement and Basic Incentives Policy and:
a. The o.wner and/or developer was not made aware of the NEZ incentives at the
time the fees were paid; or
b. The owner and/or developer was mistakenly told that his/her property was not in
a designated NEZ; or
Adopted October 4, 2005 20
c. The owner and/or developer has put funds in an escrow account with a City
Department while awaiting a decision from the City Council about his/her project;
or
d. City Council authorizes a City Department to issue a refund to the
owner/developer.
Refund Charge
A refund charge will be assessed to help defray administration cost associated with the
processing of refund check. The charge shall be 20% of the amount of the refund. This
charge will be automatically deducted from the total refund amount.
Statute of Limitations
Any request, action or proceeding concerning the refund of fees normally waived
through the NEZ must be filed within ninety days following the date that the fees were
paid. An applicant who does not submit a refund request within 90 days of the
transaction shall not qualify for a refund.
To obtain a refund the applicant needs to:
• submit a NEZ application to the Housing Department for determination of the
eligibility for NEZ fee waivers, and
• submit a written request to the Department in which the fees were paid. Upon
receiving a confirmation from the Housing Department that the project meets all NEZ
fee waiver criteria, that Department shall process the request based on the
qualifications discussed in this policy.
Exemptions
The provisions of this policy do not apply to:
a. Fees that are not waived through the NEZ program; and
b. Taxes and special assessments; and
c. City liens such as mowing, board-up, trash, demolition and paving liens.
An applicant shall not qualify for any refund if:
a. The applicant was made aware of the NEZ incentives before he/she pays the
fees; or
b. The applicant does not meet the requirements for NEZ incentives at the time
he/she paid the fees; or
c. The applicant paid the fees before the refund policy was put in place; or
d. The applicant paid the fees before the designation date of the NEZ.
Disclaimer
In the event of any conflict between the City's ordinances or regulations and this policy,
such ordinances or regulations shall control. In the event of any conflict befinreen this
Adopted October 4, 2005 21
policy and other policies or regulations adopted by the City Department issuing the
refund, such department policies or regulations shall control. The City reserves the right
to deny any or all request for refunds.
Adopted October 4, 2005 22
Exhibit B
Propertv Le�al Description
2936 Nara Vista Trail., Block C, Lot 14, Siena Vista Addition in the City of Fort Worth,
Tarrant County, Texas, and as shown on the Plat recorded in Cabinet A, Slide No. 10693,
Plat Records of Tarrant County, Texas.
FORT WORTH
�Bt11.�1t ��C��
Application No.
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTTFICATION APPLICATION - FORM "C" FOR DEVELOPMENT PROJECTS
I. APPLICATION CHECK LIST
Please submit the following documentation:
❑ A completed application form
❑ A list of all properties owned by the applicant, owner, developer, associates, principals, partners, and
agents in Fort Worth
❑ Application fee — cashier's check or money order payable to the City of Fort Worth (For tax abatement
applications only. For multifamily, commercial, industrial, commercial facilities, and mixed-use tax
abatement applications: 0.5% of the total Capital Tnvestment of the project, not to exceed $1,000.00; For
single family tax abatement applications: $25 per house)
❑ Proof of ownerskup, 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.)
❑ Title abstract of the prapariy (only if applying for release of City liens)
❑�
■❑
�❑
A completed set of development plans, project description and development budget or confiractor's quote
Met with the Councilmember and Neighborhood & other Organizations representing the NEZ as outlined
in the Public Notice requirement of the NEZ Policy and Guidelines revised Apri16, 2004.
Copy of Incorporation Papers noting all principals, partners, and agents
❑ 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 SUBNIITTED WITffiN 30 DAYS
AFTER THE APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUII.DING PERNIITS ARE ISSUED FOR
YOUR PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT
TAKES 30 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.
II. APPLICANT / AGENT INFORMATION
1. Applicant:
3. Address:
4. Phone no.:
6. Email:
7. Agent (if any)
8. Address:
9. Phone no.:
11. Email:
Sierra Vista, L.P.
3715 Camp Bowie Blvd.
Street
817-763-0700
2. Contact Person: Deanna Boaz
Fort Worth TX 76107
City State Zip
5. Fax No.: 817-763-9155
dboaz(�a,mallickgroup.com and michael(a�mallicicgroun.com
N/A
Street
City State Zip
10. Fax No.:
If you need further information or clarification, please contact Jamie Warner at (817) 392-7507 or
Sarah Odle at (817) 392-7316.
Revised Sentember 20. 2004
FORT VVORTH
PROJECT ELIGIBILITY
Application No.
1. Please list down 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 an eghibit showing the location of the project.
Table 1 Pro er Ownershi
Address Zip
Project Location Code Subdivision Name Lot No. Block No.
See attached Final Plat
Other properties owned in the City of Fort Worth - continue on a separate sheet and attach if necessary.
(Ylease attach additional sheets of paper as needed.)
2. For each properties listed in Table 1, please check the boxes below to indicate if:
• there are taxes due; or
• 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 Pro er Taxes and Ci Liens
Address Property City Liens on Property
Taxes Weed Board-up/Open Demolition Paving Order of
Due Liens Stucture Liens Liens Liens Demolition
N/A ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
(Please attach additional sheets of paper as needed.)
Revised Sentemher 2�_ 2��4 �
FORT WORTH
3. Do you own other properties under other names?
If Yes, please specify Vertex Asset Partners, L.P.
Application No.
X Yes ❑ No
4. Does the proposed project conform with City of Fort Worth Zoning?
If no, wlnat steps are being taken to insure compliance?
5. Project Type: X
Single
Family
❑
Multi-
Family
❑ ❑
Comxnercial Industrial
X Yes ❑ No
❑ ❑
Community Mixed-Use
Facilities
6. If your project is a commercial, industrial, or miged-use project, please describe the types of
businesses that are being proposed:
7. Is this a new construction or rehab project?
X New Construction ❑ Rehab
8. How much is the total development cost of your project? 232 SF residences starting at $80,000.00
9. Will the eligible rehabilitation work* equal to at least 30% of the Tarrant Appraisal District (TAD)
assessed value of the structure during the year rehabilitat�on occurs? ❑ Yes ❑ No
* Eligible rehabilitation includes only physical improvements to real property. It does NOT include 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.
10. How much is the total square footage of your project? Minimum 1,200 —see square feet
aitached
11. For a single familv homeownership, mixed-use, or multi-familv development proiect, 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 Unnts and Income
> 80% of AMFI�`*
At or below 80% of AMFI
of Owners or Renters
**AMFI: Area Median Family Income. Please see attachment for income and housing payment guidelines.
12. For a multifamilv proiect to be qualified for tag abatement, at least 20% of total units shall be
affordable to families at or below 80% of AMFI. Check the box if you are reques�ing a waiver of this
requirement. ❑
13. For a commercial, industrial or communitv facilities uroiect, indicate square footage of non-
residential space.
Commercial Industrial Community Facilities
square feet square feet square feet
PLEASE ANSWER QUESTIONS N0.14 TO NO. 16 ONLY IF YOU ARE APPLYING FOR TAX
ABATEMENT.
RPviceA CPntrmhPr 2(1 2(1�4 �
FORT WORTH
Application No.
14. 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 Capital Investment of the Proiect
***Capital Investment includes only real property improvements such as new faciliries and structures, site improvements, faciliry
expansion, and facility modernizaiion. 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).
15. For a commercial, industrial, communitv facilitv or mixed-use proiect, how many employees will the
project generate?
16. For a mixed-use proiect, please indicate the percentage of all uses in the project in the following table.
Table 5 Percentage of Uses in a Miued-Use Project
III. INCENTIVES
1. What incentives are you applying for?
Municival Propertv Tax Abatements
Must provide Final Plat Cabinet and Slide for Tag Abatement
X 5 years
❑ More than 5 years
Cabinet A Slide 10693, 10694
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)
Board of Adjustrnent application fee
Demolition fee
Structure moving fee
Community Facilities Agreement (CFA) application fee
Zoning application fee
Street and utility easement vacation application fee
Imuact Fee Waivers
❑ Tmpact fee
Release of Citv Liens
❑ Weed liens
❑ Board up/open structure liens
Revised September 20, 2004
Meter Size
No. of ineters?
❑ Paving liens
❑ Demolition liens
FORT WORTH
Application No.
III. ACKNOWLEDGMENTS
I hereby certify that the information provided is true and accurate to the best of my knowledge. I 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 wi11 not be processed if it is incomplete. I agree to provide any additional
informarion for determining eligibility as requested by the City.
Deanna Boaz
(TYPED NAME) (AUTHORIZED SI(�ATURE) � (DAT'E)
Electronic version of this form is available by request. Please ca11817-392-7507 to request a copy. For more
information on the NEZ Program, please visit our web site at www.fortworthgov.org/housing.
For Office Use Only
Application No. In which NEZ? Council District
Application Completed Date (Received Date): Conform with Zoning? ❑ Yes �No
Type? ❑ SF ❑ Multifamily ❑ Commercial ❑ Industrial ❑ Community facilities ❑ Mixed-Use
Construction completion date7 ❑ Before NEZ 0 After NEZ Ownership/Site Control ❑ Yes � No
TAD Account No.
Meet affordability test?
Rehab at or higher than 30%?
Tax current on this property?
City liens on this property?
• Weed liens
Consistent with the NEZ plan? ❑ Yes ❑ No
❑ Yes ❑ No Minimum Capital Investment7 ❑ Yes ❑ No
❑ Yes ❑ No Meet mi�ced-use definition? ❑ Yes ❑ No
❑ Yes ❑ No Tax current on other properties? ❑ Yes ❑ No
❑ Yes
• Board-up/open structure liens ❑ Yes
• Dernolition liens ❑ Yes
• Paving liens ❑ Yes
• Order of demolition ❑ Yes
Certified? ❑ Yes ❑ No Certified by
If not certified, reason
Referred to:
❑ No
❑ No
❑ No
❑ No
❑ No
Revised September 20, 2004 5
City liens on other properties?
• Weed liens
• Board-up/open structure liens
� Demolition liens
• Paving liens
• Order of demolition
Date certification issued?
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
ater ❑Code ❑TPW
❑ No
❑ No
❑ No
❑ No
❑ No
Exhibit "D"
Proiect Description
Single Family Residence
Minimum 1 car 200 square foot garage behind the front building face of the residenfial
structure
Minimum 3 bedrooms .
Minimum 1 1/2 bathrooms
A selection of floor plans
Minimum 1200 square feet living space
Landscape requiremenfs: Front and side yards will be sodded and all lots will have a
minimum of 2 trees.
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/21/2006
DATE: Tuesday, February 21, 2006
LOG NAME: 05SIERRAVISTA REFERENCE NO.: C-21313
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. 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:
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007
Page 2 of 2
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/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Dale Fisseler (6266)
Jerome Walker (7537)
Sarah Odle (7316)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007
�:I" �`�' ���'R��'A�'�
ASSIGNMENT OF TAX ABATEMENT AGR��l�rgl��"� k��. ��a� ��
This Assignment of Tax Abatement Agreement is made and entered into
by and between HMH Lifestyles, L.P., ("Assignor") and Alan B. Kirkland and Melissa F.
Kirkland, ("Assignee") and the City of Fort Worth, ("City")
RECITALS
A. Siena Vista L.P ("Sierra") and the City of Fort Worth, Texas (the "City") entered
into that certain Tax Abatement Agreement ("Agreement") for Property Located
2936 Nara Vista Trail, Block C, Lot 14, Sierra Vista Addition ("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 34774 ("Agreement"):
B. Pursuant to that certain Special Warranty Deed dated as of 04/03/2007 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. Assignoi•; such
Agreement is dated 04/03/2007 City Secretary Contract Number 36258.
E. Pursuant to that certain Special Warranty Deed dated as of 08/14/2007, recorded
under Tarrant County Deed Records, Assignor conveyed the Property to Alan B.
Kirkland and Melissa F. Kirkland 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 priar consent of the City Council:
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:
Assignment• Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all
rights, duties, obligations, title and interest under the Agreement to Assignee.
�F�1���� ��TAR1f
�1�1( SECit
�T� WORi6�M, '��
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 08/14/2007 ("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 Sunender 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 ar befare 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
seelcing 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
NEZ Program
1000 Throcicmorton
Fort Worth, Texas 76102
ASSIGNEE:
Alan B. Kirkland and Melissa F. Kirkland
2936 Nara Vista Trail
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.
�
%,, t .� ` : i.�/,.� � ; i
Name; '
Title:
ASSIGNEE: Alan B. Kirkland
��
Name: Alan B. Kirkland
ASSIGNEE: Melissa F. Kirlcland
������� � , OF�I�iAiL'R��ORD
Name: Melissa F. Kirlcland
�r�� ��cReTARY
��', WORTH, T�
3
CITY OF FORT WORTH
S san anis
A ista City Manager
ATTEST:
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City Secretary
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APPROVED AS TO FORM AND LEGALITY:
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Melinda Ramos
Assistant City Attorney
M & C: C-21313
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AFFlCi��: ..�..;::. ,.�'���D
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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 puiposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this `, day of
, 2011.
Notary Public in and for
the State of Texas
....:_ _..�_.�..1':.Y;'_�",'a,�,il`2�2�ii?."�r
� ;�v�iA M. NIF1HiINGER
�N'� �)OF�MISSIUN kXPIRES
Febr�ary2, 2J14
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5
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,��� �'r'y;h;y,
r - I.INDAM.'rilRRi.INGER
�,�.p : MY COMMISSIqn! EXPIRES
�'',�°F,��.�' Febraary2,2J14
OFFN"�,;.. ,; ;,��t��D
CIY� ��:::;,�:.�:;��`��iRY
�'�` ��'`�'�� �'�
STATE OF TEXAS §
COUNTY OF TARRANT §
$EFORE ME, the undersigned authority, on this day personally appeared
��, _ �, _ .,� of HMH Lifestyles, L.P., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing
instrument, and acicnowledged 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this '� day of
1 ! s � ;. � , 2011.
,,,,���,,,,,.
� � - ,,20�°"�°°A;•,; JILL BARFIELD
` � , ( � -¢�(, —�L �,� , `- _ � � Notary Public, State of Texas
Notary �u�ilic in and for !' =-,;;�F/.'..`.`�.E�+,,.� My Commission Expires
°���„°,;,,�„ March 25, 2012
the State of Texas `
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Alan B.
Kirkland and Melissa F. Kirkland, 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 LTNDER MY HAND AND SEAL OF OFFICE this �3� day of
��s� � ,2011.
No ic in d for �tMYAU� LUIS QUINTERO
* � + NOTARY PUBLIC
the State of s ��, y STATE OF TEXAS
��OF�'P MY COMM. EXf? 8/13/2014
OFFICIAL RECOIiD
CITY SECRET�IRy
�% WORTN, T'X
�
M&;' Review
CITY COUNCIL AGENDA
DATE
CODE:
COUNCIL ACTION: Approved on 2/21/2006
2/21/2006 REFERENCE NO.: C-21313
C TYPE: NON-
CONSENT
LOG NAME:
PUBLIC
HEARING:
Page 1 of 3
Official site of the City of Fort Worth, Texas
FORT��'ORTH
_�..�v
05SIERRAVISTA
�
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�acket/mc_review.asp?ID=5335&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
Pre-improvement Estimated Value of Land
Total Pre-improvement Estimated Value
'�
2025.00
$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
Submitted for City Manager's Office b}L
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Dale Fisseler (6266)
Jerome Walker (7537)
Sarah Odle (7316)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=5335&councildate=2/21/2006 03/27/2009
M&C Review
ATTACHMENTS
Final TA Agreement for M&C.doc
Page 3 of 3
http://apps. cfwnet.org/council�acket/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
5. 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 Monto a Lane 66 Lot A Block
28. 1304 Monto a Lane 67 Lot A Block
29. 1308 Monto a Lane 68 Lot A Block
30. 1400 Monto a Lane 1 Lot E Block
31. 1404 Monto a Lane 2 Lot E Block
32. 1408 Monto a Lane 3 Lot E Block
33. 1412 Montoya Lane 4 Lot E Block
34. 1416 Monto a Lane 5 Lot E Block
35. 1420 Monto a Lane 6 Lot E Block
36. 1424 Monto a Lane 7 Lot E Block
37. 1425 Monto a Lane 10 Lot F Block
38. 1428 Monto a Lane 8 Lot E Block
39. 1429 Monto a Lane 11 Lot F Block
40. 1432 Monto a Lane 9 Lot E Block
41. 1433 Monto a Lane 12 Lot F Block
42. 1436 Montoya Lane 10 Lot E Block
43. 1437 Monto a Lane 13 Lot F Block
44. 1440 Monto a Lane 11 Lot E Block
45. 1441 Monto a Lane 14 Lot F Block
46. 1444 Montoya Lane 12 Lot E Block
47. 1445 Monto a 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 5 Lot A Block
127. 2921 Pima Lane Lot C Block
128. 2924 Pima Lane 6 Lot A Block
129. 2925 Pima Lane 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 Lot C Block
136. 2940 Pima Lane 0 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
r
�
�
Electronically Recorded
Official Public Records
Suzanne Henderson
Tarrant County Texas
2007 Aug 28 04:11 PM
Fee: $ 16.00
Submitter: LANDATA
D207306227
1 Pages
NO'I'ICL' Q CO ID IGT ITY 12IGHTS: IF YOiJ ARE A NA'I�JRAL PERSON, YOLJ MAY
REMOVE S OR ALL OF THE FOLLOWING INFORMATION FROMANX
II�TSTR T SFERS AN INTEREST IN REAL PROPER7"Y BEFORE IT IS
FILED FOR RL O HE BLIC RECORDS: �YOUR SOCIAL SECURTI'I' NUMBER OR
O DRIVER'S LICENSE NUMBER
W D D '�IRST AND SECOND'I�NDOR'S LTEN
Date: August 14, 2007 �
Gra��tor: HMFi Lifeetyles, L.I`-
Grantor's Mailtng Addrees (mclu g co
(3rantee: Alan B. Kirkiend aud �
Grantee's Mel{1ng Addmss (inclu �ng a
Consideration: TEN AND (
considamdon of a� note dated of even t
and AO/100th Dollazs (596,214.40) end
The note is secured in part by a vendor
deed of trust of even date horewith, from
Freaway, Suiu 400, North Tiichland Hills, TX 76180
�sbaud and Wife
Vista Trall, Fort Worth, TX 761 l9
sd o er good and'valuable consideration and tfie further
pa movnt of Ninory Six Thousand'7\vo Hundred Fourteen
, payabla to the order of USAA fiodcrnl Savings Bonk
�vor of USAA Federal Suvings Bank in this deed and by a
J. Broker, Trustee.
0
o And for the further considerntion of �e e cudon and deliv b Grantee of a note duled uf even data that is in
c�o the principal amount of Twent7t Four Thous Pifty Tluee No/10 '" Dollars (524,053.00), payable to USAA
NFederal Savinge Bank, as therein provided, and providing for celeration f maturity upon defau@ and attomey fees,
� and fUrrher providing tha[ should default be made in the ent ho f st dascrf6ed note above, or in any of tha
covenante of thc Dced of Tinst securing �he sama, tha in - edne nvi rnce by the second describad note shnll, nt the
option of tha holder thereof, at once bccome duc and yable, id no be' g secured by a sobordinate Vendor's Lien
� heroby exprossly rotalned and reserved upon the prop ha a dosc ' ed d conveyed, and being addiNonally secured
iry a subordinaW Decd of 1Yust of even date herewith t JottA rr *nstc
Proparty (includ'uig any improvements): Lot 14, lu Hlock C f S RRA VISI'A, nn addition to the City of
Eort Worth, Tl1�'�'dTt County, TeYae, according t the or t thereof recorded f� Cabloet A,
Sltdes 10693 & 10694 , Pl�t Reeorda, Tarrant County, Tesaa.
Reservations from and Exeeptions co Conveyance an W anty' is conveyance is glven �d accepted
subject to any and all restric[i.ons, resarvations, covenanfs, con itio s, ' ts-o -way, easemenu, municipa[ and other
govemmrntal zoniag laws, iegulations md ord'uiances, if any, o re �n sa' County, affecting thc herein described
property.
Grantor, for khe considerstion and subject to tha reservations fro nd e t{o to conveyance end wurranty,
gant9, sells, and conveys to Grantee the propetty, togathar with all and a' gul the gh and appurtanances thereto in
any wisa balonging, to have �and bold It to Grantee, Grantee's heir9, cx cut rs, nd ini ators, successors, or assigns
fonvec Granmr binds Grantor and Grantor's heirs, executors, udminis a[ s, d s rs to wazrant and forever
defend all and singular the properiy to drantea and Oranue's hetrs, ex tors, a ials o successors, and assigns>
against every person whornsoever law&Ily cla3ming or to claim ihe s a or en nct reof, except as to the
reservations fYom and exoeptions to conveyance and warranty. �
The Vendor's Lians and Superior Title herein retained are herehy vrsns�
USAA Federal Sevings Benk, it successors and aaslgns.
Graaue assumes psyment of atl tFuces for current and subsaquenc years.
V✓hen tho co�text requires, singulaz nouns snd pronouns includa the plural.
HMH LTFESTYLES, L.P.
aY� ` �' �"'' "
STATEOF'TF.7CAS §
�
COUNTY OF 17ro b 7.nli §
Th#'s instrument was acknowledged bcfore me on
� 0(!1 /thlS(.'!� , che.
L_P., on behalf of said limlted parinarship•
ABer Recording, Rahun to:
Mr. and Mrs. Alaa B. TSlrkland
2936 Nera Vlsta Trail
Fott Worlh, TX 76119
of
�ublie, Sta[e of Texae
nM � •.,
�;�� � JANEfR.LEWl9
' MV COMA45SION ExPIRES
•�-..W.,'a�`� JuyB.2oN
and conveyod to
Electronically Recorded
Official Public Records
Suzanne Henderson
Tarrant County Texas
2007 Aug 28 04:11 PM
Fee: $ 16.00
Submitter: LANDATA
D207306227
1 Pages
STT1T/1070�$822 %.
�
NO"TICL7 O CO ID T ITY' TtIGHTS: IF YOU f.RL7 A NATURAL PERSON, YUU MAY
REMOVE S OR ALL OF THE FOLLOWING INFOILMATION FROMANY
INSTR T SFERS AN INTEREST IIV REAL PROPF,RTY BEFORE IT IS
FILED FOR RL-� O HE BLIC RECORDS: 'YOUR SOCIAL SECURITY NUMBER OR
O DRIVER'S LICENSE NUMBBR
W � �'�IRST AND SECOND VENDOR'S T.TEN
Date: August 14, 2007
Grantor: HMH Lifeetylee, Gl� �
Grantor's Mailing Addreas (inclu g co��
Crrantee: Alan B. Kirklend and��
Granteds Nfa0ing Address (includ�ng o
Consideretion: T'EN AND C
considefation of a� nom daud of even G
and AO/1�Oth Dollars (596,274.40) and :
The note is sewred "m pad by a vendm°
deed of trust of aven data horewith, from
Airyart Freeway, Suite 400, North Richland Hills, TX 76180
and Wi1'e
Yall, Fort Worth, TX 761 l9
ad o er good and�valuable consideratlon and the further
pa mount of Ninety Slx Thousand 'hvo Hundred Pourteen
, payabla to the order of USAA Foderul Savings Benk
�vor oY USAA Federul Suvings Bank in this deed and by n
7. Broker, Trustee.
v
o And for the fiather considerntion of a e cudon and deliv b Graniee of a note dttted of even data that is in
w the principal arnount of Tweuty Foiu Thous Pifty Tfuee No/10 '" Dollun (E24,053.00), payable to USAA
NFederal Savings Bank, as therein provlded, and providing for oelemtion f maturity upon default and attorney fees,
� and fUrther providing that should defautt be mede in the ent e f st dascrlbed note above, or in any of tha
covenant� of the Docd of 77ust secudng the same, tha in - ne ovi rnce by the second dnscribed nvte shell, at the
option of tha holdar thereof, at once become duc and yable, id no be' g secwed by n snbordlnata Vandar's Lien
� hemby exprossly retalned and reserved upon thv p[op her n dase ' ed d conveyed, and being additlonally secvred
by a su6ordinaia Dccd of Trust of even date herewith t Jattn arr rus
Proparty (including any improvemenis): Lot 14, n Hlock C 1' RRA VISI'A, an addiNon to the City of
Eort Worth, Tarrant County, Tezae, according t the or t thereof reaorded in Cabinet A,
Slides 10693 & 10694 , Pl�t Recorde, Tarrant County, Tesaa.
iteservations from and Exceptions co Conveyance an W anty' T ie conveyance ls glven arid accepted
subject to any and all restrtctio�s, reservations, covenents, con '[io s,�i�' ts-o -way, eacements, municipal and othes
govemmental zoning laws, regulationa nnd ordinances, if any, o re �n sa' County, affecting thc herein described
property.
Grantnr, for the consideration and subject to tha reservations fro nd e cio to conveyance and warranty,
grant9, se(ls, and coitveys to Gran[ee the propelty, togethar wlth all and e' gul the gh end appurtanancas thereto in
any wise belonging, tn have�and hold It to Grsntee, Grantee's heire, cx cut rs, ad ini ators, successors, or assigna
fonvec Grentvr binds Grantor and Grantor's he'us, exccutozs, adminis at s, d s rs to warrant and forever
defend all and singular We propariy to Orantee and Oranue's heits, ex tors, a inls o successors, and assigns,
against every person whomsoever lawfully cla3ming or to claim ihe s a or an ar� reof, axcapt as to the
reservat3ons tYom and exeeptlons to conveyance and warranty. �
The Vendor's Lians and Superior'Iitle herein retained are herehy tren�
USAA Federal Savinga Benk, it successors and au3gns.
Grantce assumes psyment vf all t+uces for cuaent and subsequent years.
V✓hen tha contextnquires, aingulaznouns and pronouns includa tha plural.
T-I[VIIi LII+EST7'LES, L.P.
ay: f�
,.�. ]odi Jensen
STATE OF TAXA3 §
�
COUNTY OF 17� YJ 7wJi' §
Th' instrument was acknowledged bcfore ma on
�DF� Ir1�ls�nl _, ma.
L_P., on hehalf of said limltcd partnarship•
After Recording, Ratum to:
Mr. and Mrs. Alan B. T{irkland
2936 Nara Vista Trail
Fort Worth, TX 76119
and convsyod to
� �
he dqy' of $ �' , 2007
�s5;5 �PGi ?.92.ld of M e es
� J
PubHc, Sta[e ofTexa9
� ++' �� JANETH.LEWI9
µv COMM!SSION E%P�RES
'•�� Juy 8, 20N
"-..DY..j�