HomeMy WebLinkAboutContract 55961 MYSEETARY
234 56 ,8 FORTWORTHO C A R NO.-5501 (0 I
N �
NEIGHBORHOOD EMPOWERMENT ZONE
� ;,-
p� .: T :`; TAX ABATEMENT AGREEMENT
6'8 New construction single-family-owner
� 9
2132 Miller Avenue
This TAX ABATEMENT AGREEMENT ("Agreement")is entered into by and between the CITY
OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under the laws of
the State of Texas and acting by and through David Cooke, its duly authorized City Manager, in accordance
with the authority granted under Chapter 378 of the Texas Local Government Code, and Mayolo Mendieta
Guillen Jr., owner of property located 2132 Miller Avenue, Lot 1,Block 1,Heradia Addition, an Addition
to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat Recorded as Document No.
D220163267, of the Plat Records of Tarrant County, Texas.
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and Owner
hereby agree that the following statements are true and correct and constitute the basis upon which the City
and Owner have entered into this Agreement:
A. On January 29, 2019 the Fort Worth City Council adopted Ordinance No. 23552 (the
"Ordinance") establishing "Neighborhood Empowerment Reinvestment Zones No.111 through 6R" City
of Fort Worth, Texas (the "Zones") and adopted Resolution No. 5042 establishing "Designation of the
Neighborhood Empowerment Zone Areas One through Six" (the"NEZ").
B. Owner owns certain real property located entirely within Zone 6R and that is more particularly
described in Exhibit"1", attached hereto and hereby made a part of this Agreement for all purposes (the
"Premises").
C. Owner or its assigns plan to construct the Required Improvements, as defined in Section 1.1 of
this Agreement, on the Premises (the "Project").
D. On February 8, 2021, Owner submitted an application for tax abatement to the City
concerning the Premises (the "Application"), attached hereto as Exhibit"2" and hereby made a part of this
Agreement for all purposes.
E. The contemplated use of the Premises, the Required Improvements and the terms of this
Agreement are consistent with encouraging development of the Zone in accordance with the purposes for its
creation and are in compliance with the NEZ Incentives,the Ordinance and other applicable laws,ordinances,
rules and regulations.
F. Written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement,has been furnished in the manner prescribed by the Code to the presiding officers of the governing
bodies of each of the taxing units in which the Premises is located.
OFFICIAL RECORD
Page 1 I CITY SECRETARY
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr. FT. WORTH, TX
2132 Miller Avenue
M&C 21-0275 Annroved:Mav 18.2021
NOW,')WHEREFORE,the City and Owner, for and in consideration of the terms and conditions set
forth herein, do hereby contract, covenant and agree as follows:
1. OWNER'S COVENANTS.
1.1. Real Property Improvements.
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements consisting of a single-family residence, of approximately 2,398 square feet in size and
built to the specifications listed in Exhibit "3", (collectively the "Required Improvements"). Minor
variations and more substantial variations if approved in writing by both parties to this Agreement
before construction is undertaken in the Required Improvements from the description provided in
the Application for Tax Abatement shall not constitute an Event of Default, as defined in Section 4.1,
provided that the conditions in the first sentence of this Section 1.1 are met and the Required
Improvements are used for the purposes and in the manner described in Section 1.3.
1.2. Completion Date of Required Improvements.
Owner certifies that the Required Improvements will be completed within two years from the
date of Council approval. The abatement will automatically terminate two years after Council approval
if a building permit has not been pulled and a foundation has not been poured,unless delayed because
of force majeure,in which case the two years shall be extended by the number of days comprising the
specific force majeure. For purposes of this Agreement, force majeure shall mean an event beyond
Owner's reasonable control as determined by the City of Fort Worth in its sole discretion,which shall
not be unreasonably withheld,including,without limitation,delays caused by adverse weather, delays
in receipt of any required permits or approvals from any governmental authority, acts of God,or fires.
Force majeure shall not include construction delays caused due to purely financial matters, such as,
without limitation, delays in the obtaining of adequate financing.
1.3. Use of Premises.
Owner covenants that the Required Improvements shall be constructed and continuously
used as the primary residence of the Home Owner in accordance with the NEZ Incentives. Home
Owner shall file for a Homestead Exemption with Tarrant County Appraisal District January 1 of
the year following the calendar year in which the Required Improvement is completed. In addition,
Owner covenants that throughout the Term, the Required Improvements shall be maintained for the
purposes set forth in this Agreement.
2. ABATEMENT AMOUNTS,TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing
entities.
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value of the Premises due to the Required Improvements, over its value as determined
by Tarrant Appraisal District in March 2021, and this amount is $0.00.
Page 2
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 AUUroved:May 18.2021
If the square footage requirement of the Required Improvements are less than as provided in
Section 1.1 of this Agreement, Owner shall not be eligible to receive any Abatement under this
Agreement.
2.2 Increase in Value.
The Abatement shall be 100% of the increase in value from the construction of the Required
Improvements up to a maximum of$218,583.00 and shall apply only to taxes on the increase in
value of the Premises due to construction of the Required Improvements. In other words, by way of
example only, if the increase in value of the Required Improvements over its value in January 2021,
in a given year is $218,000.00, Owner's Abatement for that tax year shall be capped and calculated
as if the appraised value of the Required Improvements for that year had only been $218,583.00.
The Abatement shall not apply to taxes on the land,nor shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The term of the Abatement ( "Term") shall begin on January 1 of the year following the
calendar year in which the Required Improvement is completed ('Beginning Date") and, unless
sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth(5t`)
anniversary of the Beginning Date.
2.4 Protests Over Appraisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises and/or improvements thereon.
2.5. Abatement Application Fee.
The City acknowledges receipt from Owner of the required Application fee of$100.00. The
application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term, at any time during
normal office hours throughout the Term and the year following the Term and following reasonable
notice to Owner, the City shall have and Owner shall provide access to the Premises in order for the
City to inspect the Premises and evaluate the Required Improvements to ensure compliance with the
terms and conditions of this Agreement. Owner shall cooperate fully with the City during any such
inspection and/or evaluation.
3.2. Certification.
Owner shall certify annually to the City that it is in compliance with each applicable term of
this Agreement. The City shall have the right to audit at the City's expense the Required Improvement
with respects to the specifications listed in Exhibit 9". 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
Page 3
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Annroved:Mav 18.2021
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 March 1 following the end of every year during the Compliance Auditing Term
and at any other time if requested by the City, Owner shall provide information and documentation
for the previous year that addresses Owner's compliance with each of the terms and conditions of this
Agreement for that calendar year.
Owner must also provide documentation of compliance to Tarrant Appraisal District(TAD)
each year of the abatement by filling out and returning Tax Abatement Form 50-116 from the TAD
website no later than April 30t`for each year Owner is requesting tax abatement.
Failure to provide all information within the control of Owner required by this Section
3.3 shall constitute an Event of Default, as defined in Section 4.1.
3.4 Determination of Compliance.
On or before August 1 of each year during the Compliance Auditing Term,the City shall make
a decision and rule on the actual annual percentage of Abatement available to Owner for the following
year of the Term and shall notify Owner of such decision and ruling. The actual percentage of the
Abatement granted for a given year of the Term is therefore based upon Owner's compliance with the
terms and conditions of this Agreement during the previous year of the Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner
fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem real property
taxes with respect to the Premises or the Required Improvements, or its ad valorem taxes with respect
to the tangible personal property located on the Premises, become delinquent and Owner does not
timely and properly follow the legal procedures for protest and/or contest of any such ad valorem real
property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE PREMISES AS
PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; or (iv) OWNER DOES NOT
COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH(collectively, each an "Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the City
shall provide a written notice to Owner that describes the nature of the Event of Default. Owner shall
have sixty(60) calendar days from the date of receipt of this written notice to fully cure or have cured
the Event of Default. If Owner reasonably believes that Owner will require additional time to cure
the Event of Default, Owner shall promptly notify the City in writing,in which case (i) after advising
the City Council in an open meeting of Owner's efforts and intent to cure, Owner shall have ninety
(90) calendar days from the original date of receipt of the written notice, or (ii) if Owner reasonably
believes that Owner will require more than ninety(90)days to cure the Event of Default,after advising
Page 4
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Annroved:Mav 18.2021
the City Council in an open meeting of Owner's efforts and intent to cure, such additional time,if any,
as may be offered by the City Council in its sole discretion.
4.3. Termination for Event of Default and Payment of Liquidated Damages.
If an Event of Default which is defined in Section 4.1 has not been cured within the time frame
specifically allowed under Section 4.2, the City shall have the right to terminate this Agreement
immediately. Owner acknowledges and agrees that an uncured Event of Default will (i) harm the
City's economic development and redevelopment efforts on the Premises and in the vicinity of the
Premises; (ii) require unplanned and expensive additional administrative oversight and involvement
by the City; and (iii) otherwise harm the City, and Owner agrees that the amounts of actual damages
therefrom are speculative in nature and will be difficult or impossible to ascertain. Therefore, upon
termination of this Agreement for any Event of Default, Owner shall pay the City, as liquidated
damages; all taxes that were abated in accordance with this Agreement for each year when an Event
of Default existed and which otherwise would have been paid to the City in the absence of this
Agreement. The City and Owner agree that this amount is a reasonable approximation of actual
damages that the City will incur as a result of an uncured Event of Default and that this Section 4.3 is
intended to provide the City with compensation for actual damages and is not a penalty. This amount
may be recovered by the City through adjustments made to Owner's ad valorem property tax appraisal
by the appraisal district that has jurisdiction over the Premises. Otherwise, this amount shall be due,
owing and paid to the City within sixty (60) days following the effective date of termination of this
Agreement. In the event that all or any portion of this amount is not paid to the City within sixty(60)
days following the effective date of termination of this Agreement, Owner shall also be liable for all
penalties and interest on any outstanding amount at the statutory rate for delinquent taxes, as
determined by the Code at the time of the payment of such penalties and interest (currently, Section
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 City and Owner may terminate this Agreement in a written format that is signed by
both parties. In this event, (i) if the Term has commenced, the Term shall expire as of the effective
date of the termination of this Agreement; (ii) there shall be no recapture of any taxes previously
abated; and(iii)neither party shall have any further rights or obligations hereunder.
4.5 Sexually oriented business & Liquor Stores or Package Stores.
a. Owner understands and agrees that the City has the right to terminate this agreement if
the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this agreement
as determined in City's sole discretion if the Required Improvements contains or will contain a
liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee which City Council hereby agrees to,
the Abatement granted hereunder shall vest only in Owner;however if Owner sells the Premises and Required
Improvements,this Abatement cannot be assigned to a new owner of all or any portion of the Premises and/or
Page 5
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Avnroved:Mav 18.2021
Required Improvements 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 meeting the terms and conditions of this Agreement and (ii) the proposed purchaser agrees in
writing to assume all terms and conditions of Owner under this Agreement. Owner may not otherwise assign,
lease or convey any of its rights under this Agreement. Any attempted assignment without the City Council's
prior consent shall constitute grounds for termination of this Agreement and the Abatement granted hereunder
following ten(10) calendar days of receipt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee, Owner shall have no further
obligations or duties under this Agreement. In addition, upon assignment to any other entity with the
written consent of City Council,Owner shall have no further duty or obligation under this Agreement.
IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT OF
A SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 60 DAYS OF THE TRANSFER OF
OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC
TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT
MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY.
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the following, or
such other party or address as either party designates in writing,by certified mail,postage prepaid, or by hand
delivery:
City: Owner:
City of Fort Worth Mayolo Mendieta Guillen Jr.
Attn: City Manager 4133 Ave N
200 Texas Street Fort Worth, Texas 76105
Fort Worth, Texas 76102
and
Neighborhood Services Department
Attn: Director
200 Texas Street
Fort Worth, Texas 76102
7. MISCELLANEOUS.
7.1. Bonds
The Required Improvements will not be financed by tax increment bonds. This Agreement is
subject to the rights of holders of outstanding bonds of the City.
Page 6
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 AUUroved:May 18,2021
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning or Zoning
Commission or any member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances or
regulations, and this Agreement, such ordinances or regulations shall control. In the event of any
conflict between the body of this Agreement and Exhibit"3",the body of this Agreement shall control.
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be eligible for complete
or partial exemption from ad valorem taxes as a result of existing law or future legislation. This
Agreement shall not be construed as evidence that such exemptions do not apply to the Premises
and/or Required Improvements.
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor and Council
Communication No. 21-0275 on May 18, 2021, which, among other things, authorized the City
Manager to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in connection with a bona fide business purpose. The certificate, if requested,
will be addressed to the Owner, and shall include, but not necessarily be limited to, statements that
this Agreement is in full force and effect without default (or if an Event of Default exists,the nature
of the Event of Default and curative action taken and/or necessary to effect a cure),the remaining term
of this Agreement, the levels and remaining term of the Abatement in effect, and such other matters
reasonably requested by the party or parties to receive the certificates.
7.7. Owner Standing.
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions or
City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any such
litigation.
7.8. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
performable in Tarrant County,Texas.
Page 7
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Annroved:May 18.2021
7.9. Severability.
If any provision of this Agreement is held to be invalid,illegal or unenforceable,the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
7.10 Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.11. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Owner,
their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.. This Agreement shall not be amended unless executed in
writing by both parties and approved by the City Council. This Agreement may be executed in
multiple counterparts,each of which shall be considered an original,but all of which shall constitute
one instrument.
Page 8
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Approved:Mav 18.2021
CITY OF FORT WORTH: OWNER:
By: By:By: {fib
Fernando Costa Mayolo Mendieta Guillen Jr.
Assistant City Manager
F }ORS
ATTE
By: 1
_..
n�City Secretary
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Sr. Assistant City Attorney
M & C: 21-0275
Date Approved: May 18, 2021
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Page 9
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Approved:Mav 18.2021
STATE OF TEXAS §
COUNTY OFARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal
corporation, that he was duly authorized to perform the same by appropriate resolution of the City
Council of the City of Fort Worth and that he executed the same as the act of the said City for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVE ER MY HAND AND SEAL OF OFFICE thi&L 7►/" day of
'i�1/K& 92021.
tart'Public in and for
the State of Texas SELENA ALA
?: �=Notary Public, State of Texas
Comm. Expires 03-31-2024
Notary ID 132422528
STATE OF TEXAS §
COUNTY OFARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared Mayolo Mendieta
Guillen Jr., known to me to be the person whose name is subscribed to the foregoing instrument,and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this jay of
(i,-Q_ 92021.
V R JACKSON
Notary Public in and for Notary ID#126165166
My Commission Expires
the State of Texas '` �` March 22, 2023
OFFICIAL RECORD
CITY SECRETARY
Page 10 FT. WORTH,TX
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 ADDroved:Mav 18.2021
Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Required Improvements description
Page 11
NEZ Tax Abatement Agreement-Mayolo Mendieta Guillen Jr.
2132 Miller Avenue
M&C 21-0275 Approved:Mav 18.2021
Exhibit 1
Property Description
2132 Miller Avenue, Lot 1, Block 1, Heradia Addition, an Addition to the City of Fort Worth, Tarrant County,
Texas,according to the Final Plat Recorded as Document No.D220163267, of the Plat Records of Tarrant County,
Texas.
FORT WORTH. -
Application# NZ21-00104 -
City of rot Workh
Neighborhood�n1pawernentontr(NEL) Application forinentives
PrOpeC#y
Otvner/Developer =- -
Last Fist M1 '
Address:
St eet Address Cite Mate 7_10
Phone: Email: c�foylencji } �( rmi !
contact
- dLos� -
(Ifdrfferert) Last ' Fi,st
Jl I.
Phone: Email:
NE ceriificatzoris=are protect a it owner s�red ic.Please deserihe your project:
IS
Project Type
❑ ❑ : ❑ ❑
Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Use �J
*Please be advised ftheprgiectpddress is zoned-as a designated historicalproperly(HQ nndyourproject consists of new
cansfruction or exterior renovatiotrs,approval ofyourproject is required prior to NEZ application Submittal, Written approval from 1
the Historic and Cuft ral Landrnarks Commission(HCL0 must Le attached to the NEZ application For questions;or fitrtlt er 1
tnforntadon concernhjg,histor%projects,please coattaet file HC'LC at(817)392-8000'
Project Address; 7if' 2 /� 1 (� � V�trltl� c�f�'WtSt{i� `fi)C �CCj �
Street Address
ZegalDescription: 1?��� tu CGc�r1 i } �Url
Lot Flock Addition _T
YE,r NO YES NO
New Construction/Addition: [] Remodel/Rehab:
Total New Sq.Ft. ?J! S Total Development Cost: $228,000
For a single family project,will the NEZ certified property be occupied by yt,s�: NO
fhe property owner as a primary residence? : ❑'
If you selected No,please specify if this property will be sold to a homeowner as a primary.residence or used as rental
property,
1f your project is a Conunercial or Mixed Use project,please list all specific uses that are being proposed,
JWC
- YE�NO
Do-you wish to apply fort a Municipal Property Tax abatement for this project? ❑
If the above answer is yes,please contact the City of Fort'Worth Neighborhood Services Department at(817)392-7316 or
visit httpJlfortwortl texas oo cighborhoods/NEZ/for additional information.Tax Abatements are processed after NE project
certification and must go before:the City Council for vote.House Bill 3143 took effect on September 1,2019,which
requires at least 30 days advance notice be given of the tax abatement.Due to compliance with HB 3143,the minimum time
to process a tax abatement to be on the City Council agenda'for vote is 12 to 14 weeks after the date of certification.
Ipplicartfs setter stir P fu r,,zb /tent wap not submit for a brnlding perinit until the abatement has been'approved by the City
Z'oillled anti lire applicaftt has si;ned a'ebntYaet:
F(?RWWoRm.
Application NZ21-00104
_ = City of Fart Worth
Neighborhood IJ40weiment Zone (NEZ) Application forincent ves
o
Do you tivisl1 ita apply for a.release of NEZ Policy eligible City
liens? El
-VNeed,Paving,Demolrtiprand Board Up l Open 5trructiue liens may be released for qua lnfying pro3eets Eau"OLMUM91
- -
1'E5 NO
Will a Zoning Change application be necessary for this project? /� ` ❑
Current Zoning;
O epos d Us ��/,: U
�_J
Signabnre of Zoning Staff: Date:
mill M.- MRURSMMD�
= PLEASP INITIAL NEXT TO Ei ACH STATEmr,64
I understand that my application will not be processed if it is incomplete.I agree to provide any additional information
for determining eligibility as requested by the City.If the additional informationis not submitted within 30 days,the application
will be denied and;application fees paid will not be reimbursed
hereby certify that the information provided is true and accurate to the best of my knowledge.
M�I hereby certify that all documents and information required by the Application Submittal Checklist is attached.
U Thereby acknowledge that I have read the NEZ Basic Incentives and Tax Abatement Policy,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 ofthe CRY
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 for obtaining required permits and inspections from the City and in ensuring the
project is located inthe correct zoning district.
I tindershand that if there are taxes due or liens against any property I own in the City of Dort Worth I may not be
eligible for NEZ incentives.
I hereby certify that the project plans submitted with this application meet the NEZ design guideline requirements as
Iist d below or meet Strate, ie I'larr guidelines for the BerryhilllMason Heights Oakland Corners and Stop Six w-eas as
oirtliried an the NEz;webpa�e,I understand that if the project plans do not meet these design requirements, all permits will be
put on hold pendingorrection. If I choose to relinquish my NEZ certification instead of meeting the design requirements,
payment-tot"fees waived bythe City up to thatpoint will be due immediately and the building permit will not be issued until
payment is made.
a.No metal buildings except for industrial projects.
b.All new construction projects must contain 70%masonry product
c,Exceptrons to the masoniyproduetwrll be made at City's'discretion for design district overlays(where applicable)
1.
and approved planned development projects.
g hilUMason Hei is
d.Compliance with NEZ design guidelines for Council adopted NEZ Strate is Plans (Berry gh
Oakland Corners and Stop Six)is required for certification.
e.Attached_garage s for new single family homes may not extend more than 4 feet past the front building wall.
I understand that I must pay all associated fees at the time of project application and/or permit submittal if I wish to
>ltb�vit permits prior to deterrovmtion of NEZ eligibility.This includes setting up an escrow account with the City.I understand,
hat some permits may not be issued while NEZ eligibility is being established.Example:Applications that are requesting Tax
kbatem en-t.
Print d Tajne of Property Sigoature of Property ' Date
Clwne�IDeveIoper �vynerlDeveloper
Exhibit 3
Project Description
New Construction of a single family residence
• 2,398 square feet living space
• 1 Story
• 4 Bedroom, 2 Full Bath and 2 Half Bath
• Covered Back Patio
• Living Room
Study
• Laundry/Utility Room
• Mud Room
• Kitchen with Dining Area
• Separate Walk In Pantry
• 2 Car Garage
Covered Front Porch
• Brick and Rock Exterior
7/14/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTII
'14�
DATE: 4/13/2021 REFERENCE M&C 21-0275 LOG NAME: 19NEZ2132MILLERAVE
NO..
NOW PUBLIC
CODE: C TYPE: CONSENT HEARING:
NO
SUBJECT: (CD 5) Authorize Execution of a Five-Year Tax Abatement Agreement with Mayolo
Mendieta Guillen Jr. for the Construction of a Single-Family Dwelling of Approximately
2,398 Square Feet and Having a Cost of at Least $228,000.00 on Property Located
at 2132 Miller Avenue, in the Stop Six/Poly Neighborhood and within Neighborhood
Empowerment Zone and Reinvestment Zone Area Six (Continued from a Previous
Meeting)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Mayolo Mendieta Guillen Jr. for the construction of a single-family dwelling of
approximately 2,398 square feet and having a cost of at least $228,000.00 on property Located
at 2132 Miller Avenue, in the Stop Six/Poly Neighborhood and within Neighborhood Empowerment
Zone and Reinvestment Zone Area Six, in accordance with the Neighborhood Empowerment Zone
Program Basic Incentives and Tax Abatement Policy.
DISCUSSION:
Mayolo Mendieta Guillen Jr. (Property Owner) is the owner of the property described as Lot 1, Block
1, Heradia Addition, an addition to the City of Fort Worth, being 0.860 acres out of the G.W. Coonrod
Survey, Abstract number 291, according to Document No. D220163267, Tarrant County, Texas,
at 2132 Miller Avenue Fort Worth, Texas. The property is located within the Stop
Six/Poly neighborhood and within Neighborhood Empowerment Zone (NEZ) Area Six.
The Property Owner plans to invest an estimated amount of$228,000.00 to construct a single-family
residence of approximately 2,039 square feet (Project). The Project will be used as the homeowner's
primary residence.
The Neighborhood Services Department reviewed the application and certified that the Property
Owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax Abatement. The
NEZ Basic Incentives include a five-year Municipal Property Tax Abatement on the increased value of
improvements to the qualified owner of any new construction or rehabilitation within the NEZ.
Residential owner occupied tax abatements are capped at the annual median home value as
reported by the National Association of Realtors for Tarrant County. This value is updated annually
and is currently $218,583.00.
Upon execution of the Tax Abatement Agreement (Agreement), the total assessed value of the
improvements used for calculating municipal property tax will be frozen for a period of five years
starting January 2022 at the estimated pre-improvement value as defined by the Tarrant Appraisal
District (TAD) in February 2021 for the property as follows:
Pre-Improvement TAD Value of Improvements $ 0.00
Pre-Improvement Estimated Value of Land $10,000.00
Total Pre-Improvement Estimated Value $10,000.00
The municipal property tax on the improved value of the Project after construction using the capped
value is estimated in the amount of$1,633.91 per year, for a total amount of$8,169.55 over the five-
year period. However, this estimate may differ from the actual tax abatement value, which will be
calculated based on the TAD appraised value of the property.
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7/14/2021 M&C Review
In the event of a sale of this property, the Agreement may be assigned to a new owner's first
mortgage or a new owner as a primary residence. All other assignments must be approved by the
City Council.
This property is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon final approval of the Tax Abatement Agreement, a loss of
an estimated $8,169.55 in property tax revenue may occur over the five year period. This reduction in
revenue will be incorporated into the long term financial forecast upon the Tax Abatement being
officially granted.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
2132 Miller Ave Map for Council.pdf
2132 Miller Ave Plans.pdf
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