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HomeMy WebLinkAboutContract 57732 CITY SECRETARY CO iTRACT NO. 57739, TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE 2612 W. Dickson Street This TAX ABATEMENT AGREEMENT("Agreement")is entered into by and between the CITY OF FORT WORTH,TEXAS(the"City"),a home rule municipal corporation organize under the laws of the State of Texas and acting by and through David Cooke,its duly authorized City M ager, and ARMOR TEXAS INSURANCE AGENCY, INC., ("Owner") of property located at 2612 W. Dickson Street, Block 1,Lots 7, 8 and the East 50 feet of Lot 9, Carroll-Stone Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388- B,Page 194,Plat Records, Tarrant County. The City Council of the City of Fort Worth ("City Council") hereby finds and the gity 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 o.1R through 6R" City of Fort Worth, Texas(the"Zones")and adopted Resolution No.5042 estab fishing "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 i more particularly described in Exhibit "1", attached hereto and hereby made a part of this Agr ement for all purposes (the "Premises"). C. Owner or its assigns plan to construct the Required Improvements, as defined in ection 1.1 of this Agreement, on the Premises (the "Project"). D. On February 18,2022,Owner submitted an application for tax abatement to t ie City concerning the Premises (the "Application"), attached hereto as Exhibit "2" and hereby ade a part of this Agreement for all purposes. E. The contemplated use of the Premises,the Required Improvements and the term§of this Agreement are consistent with encouraging development of the Zone in accordance th the purposes for its creation and are in compliance with the NEZ Incentives, the Ordinance ar d 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 offic rs 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: OFRC- �.L RECORD C�Ty SECRETARY 1. OWNER'S COVENANTS. FT.�90R`ill�flg�1� C�� �EC'a Page 1 of 13 ,TUN 29'22 AM10:11 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 1.1. Real Property Improvements. Owner shall construct, or cause to be constructed, on and within the Premises certain improvements consisting of an interior and exterior remodel of an existing commercial t uilding of approximately 1,755 total square feet for use as an office and having Constructior Costs, excluding land,upon completion of$90,000.00 including site development costs (coll ctively, the "Required Improvements") but such Construction Costs shall be reduced by any construction cost savings. The type, number and details of the Required Improvem nts are described in Exhibit"3". After construction of the Required Improvements is completo Owner shall provide a copy of the final construction invoices to City. The invoices shall en be attached and made a part of this Agreement and shall be labeled Exhibit"4". Minor v, 'ations, and more substantial variations if approved in writing by both of the parties to this Agr ement, in the Required Improvements from the description provided in Exhibit"3"shall not c ristitute an Event of Default, as defined in Section 4.1,provided that the conditions in the first sentence of this Section 1.1 are met and the Required Improvements are used for the purposes and in the manner described in Exhibit"3". 1.2. Construction Costs. "Construction Costs" shall mean site development costs (including demolition and environmental abatement), hard construction costs; contractor fees; engine ' g fees; architectural fees; design and consulting fees; and development fee and permitt g fees expended by Owner directly in connection with construction of the Required Impro ements. The City recognizes that Owner will request bids and proposals from various contr ctors in order to obtain the lowest reasonable price for the cost of the Required Improvement . In the event that bids and proposals for the Required Improvements are below $90,0 0.00 in Construction Costs for work substantially the same as that provided in Exhibit `3" and otherwise described in this Agreement, the City will meet with Owner to negotiate in good faith an amendment to this Agreement so that Owner is not in default for its failure t expend at least $90,000.00 in Construction Costs, with the understanding that the City's ff will recommend, but cannot guarantee, approval of such amendment by the City Coup il. The final site plan shall be in substantially the same form as the site plan submitted and ttached as Exhibit "3". Minor variations, and more substantial variations if approved in v 'ting by both parties to this Agreement, in the Required Improvements from the description provided in the Application for Tax Abatement shall not constitute an Event of Default, as d0fined 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 463" 1.3. Completion Date of Required Improvements. Owner covenants to complete construction of all of the Required Improvements by June 14, 2024, (the"Completion Deadline"). The abatement will automatically terminate two years after Council approval if the Required Improvements are not complete. The Required Improvements shall be deemed complete upon the issuance of a final certificate of occupancy for the Required Improvements by the Development Services Department.If the Owner fails to expend at least One Hundred Seventy-Six Thousand, Two Hundred Twenty-Six Dollars Page 2 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 ($90,000.00)in Construction Costs for the Required Improvements by the Completion Deadline as provided in Section 1.1 of this agreement; the City shall have the right to terminate this Agreement by providing written notice to the Owner without further obligation to the wner hereafter. 1.4. Use of Premises. Owner covenants that the Required Improvements shall be constructed d the Premises shall be continuously used as an office, and in accordance with the descri tion of the Project set forth in the Exhibit "3". In addition, Owner covenants that through V t the Term, the Required Improvements shall be operated and maintained for the purposessforth in this Agreement and in a manner that is consistent with the general purposes of enco raging development or redevelopment of the Zone. 2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS. Subject to and in accordance with this Agreement, the City hereby grants to Ow er real property tax abatement on the Premises, the Required Improvements, as specifically provide in this Section 2 ("Abatement"). Abatement of real property taxes only includes City of Fort Worth- imposed taxes and not taxes from other taxing entities. 2.1. Amount of Abatement. The actual amount of the Abatement granted under this Agreement shall b based upon the increase in value of the Required Improvements over their values as deterrn' ed by TAD in February 2022, and this amount is $183,596.00: 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, except that such minimum construction costs shall be reduced by construction cost savings, 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 Pre ises due to construction of the Required Improvements and shall not apply to taxes on the 1 d, nor shall the abatement apply to mineral interests. 2.3. Abatement Limitation. Notwithstanding anything that may be interpreted to the contrary in this Agreement, Owner's Abatement in any given year shall be based on the increase in value of the equired Improvements over its value in February 2022, up to a maximum of$733,912.00 for all three buildings and $135,000.00 for this building. In other words, by way of example o. y, if the increase in value of the Required Improvements over its Tarrant Appraisal District d ermined Page 3 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 value in February 2022, in a given year on all three buildings on the account is $800,000.00, 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$733,912.00. 2.4. Protests Over Appraisals or Assessments. Owner shall have the right to protest and contest any or all appraisals or asses ments of the Premises and/or improvements thereon. 2.5. Term. The term of the Abatement(the"Term")shall begin on January 1 of the year fol owing the calendar year in which a final certificate of occupancy is issued for the R quired Improvements on all three buildings (`Beginning Date") and, unless sooner termin ted as herein provided, shall end on December 31 immediately preceding the fifth (51h) anni ersary of the Beginning Date. 2.6. Abatement Application Fee. The City acknowledges receipt from Owner of the required Abatement application fee of one half of one percent (.5%) of Project's estimated cost, not to exceed $2,00 . The application fee shall not be credited or refunded to any party for any reason. 3. RECORDS, AUDITS AND EVALUATION OF PROJECT. 3.1. Inspection of Premises. Between the execution date of this Agreement and the last day of th Term ("Compliance Auditing Term"), at any time during normal office hours throughout e Term and the year following the Term and following reasonable notice to Owner,the City s all have and Owner shall provide access to the Premises in order for the City to inspect the Pret ises and evaluate the Required Improvements to ensure compliance with the terms and conditio s of this Agreement. Owner shall cooperate fully with the City during any such inspectio and/or evaluation. 3.2. Audits. The City shall have the right to audit at the City's expense the financial and usiness records of Owner that relate to the Project and Abatement terms and conditions (coll ctively, the "Records") at any time during the Compliance Auditing Tenn in order to d termine compliance with this Agreement and to calculate the correct percentage of A atement available to Owner. Owner shall make all applicable Records available to the Ci on the Premises or at another location in the City following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Page 4 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 3.3. Provision of Information. On or before March 1 following the end of every year during the Compliance A aditing 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 co itions of this Agreement for that calendar year. This information shall include, but not be limited to, the number and dollar amounts of all construction contracts and subcontracts awa ded on the Project. Owner must also provide documentation of compliance to Tarrant Appraisal istrict (TAD) each year of the abatement by filling out and returning Tax Abatement Form 0-116 from the TAD website no later than April 30th for each year Owner is request g tax abatement. Failure to provide all information within the control of Owner required by this Sec ion 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, e 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 therefoi e 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 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) OWNER DO S NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF ORDI ANCE 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 notic 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 a id intent to cure, Owner shall have ninety (90) calendar days from the original date of recei t of the Page 5 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 written notice, or (ii) if Owner reasonably believes that Owner will require more than ninety (90) days to cure the Event of Default, after advising the City Council in an open mee ing of Owner's efforts and intent to cure, such additional time, if any, as may be offered by t e 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 wi in the time frame specifically allowed under Section 4.2, the City shall have the right to terrain to this Agreement immediately. Owner acknowledges and agrees that an uncured Event of efault will (i)harm the City's economic development and redevelopment efforts on the Premi es 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 there from are speculative in nature and will be difficult or impossible to ascertain. Therefore, upon termination of this Agreement for any E ent of Default, Owner shall not be eligible for the Abatement for the remaining Term and Ow r 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 11at 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, o ing 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 witliin sixty (60) days following the effective date of termination of this Agreement, Owner shall�inquent also be liable for all penalties and interest on any outstanding amount at the statutory rate for de taxes, as determined by the Code at the time of the payment of such penalties and interest. Notwithstanding anything herein to the contrary, damages due under this paragraph sh 1 be the sole responsibility of Owner or its permitted assignee, as applicable. 4.4. Termination at Will. If the City and Owner mutually determine that the development or use of the remises or the anticipated Required Improvements are no longer appropriate or feasible, r 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 Packalze Stores. a. Owner understands and agrees the City has the right to termi ate 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 termi ate this agreement as determined in City's sole discretion if the Project contains or will ontain a liquor store or package store. Page 6 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 5. EFFECT OF SALE OF PREMISES. Owner may assign this Agreement and all or any portion of the benefits provided hereunder to ARMOR TEXAS INSURANCE AGENCY, INC., or an Affiliate without the consent of the City, provided that (i) prior to or contemporaneously with the effectiveness of such assignment, Owner provides the City with written notice of such assignment, which notice shall include the naine of the Affiliate and a contact name, address and telephone number, and(ii)the Affiliate agrees in wr ting to assume all terms and conditions of Owner under this Agreement. For purposes of this Agreement, an "Affiliate" means all entities, incorporated or otherwise, under common control with wrier, controlled by Owner or controlling Owner. For purposes of this definition, "control" means fifty percent(50%)or more of the ownership determined by either value or vote. Owner may not otherwise assign this Agreement or any of the benefits provided hereunder to another party without the consent of the City Council, which consent shall not unreasonably be withheld or delayed, provided that (i) the City Council finds that the proposed assignee is financially capable of meeting the to is and conditions of this Agreement and(ii)the proposed assignee agrees in writing to assume all terms and conditions of Owner under this Agreement. Any attempted assignment without the City C uncil's prior written 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. 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 ARMOR TEXAS INSURANCE AGENCY., NC. Attn: City Manager Attn: Hedy Pena 200 Texas Street 5324 Wedgemont Circle N. Fort Worth, TX 76102 Fort Worth, TX 76133 and Neighborhood Services Department Attn: Director 200 Texas Street Fort Worth, TX 76102 Page 7 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 7. MISCELLANEOUS. 7.1. Bonds. The Required Improvements will not be financed by tax increment bonds. This Agreement is subject to rights of holders of outstanding bonds of the City. 7.2. Conflicts of Interest. Neither the Premises nor any of the Required Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of tfie City Planning or Zoning Commission or any member of the governing body of any taxing nits in the Zone. 7.3. Conflicts Between Documents. In the event of any conflict between the City's zoning ordinances, or oth r City ordinances or regulations, and this Agreement, such ordinances or regulations shall lontrol. In the event of any conflict between the body of this Agreement and Exhibit"3", the ody of this Agreement shall control.As of June 14,2022,the City is unaware of any conflicts t etween this Agreement and the City's zoning ordinance or other ordinances or regulations. 7.4. Future Application. A portion or all of the Premises and/or Required Improvements may be eli -ble 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 exemption 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 Ma or and Council Communication No.22-0457 on June 14, 2022,which, among other things, au horized 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 heretq 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 tern of the Abatement in effect, and such other matters reasonably requested by the party or p rties to receive the certificates. Page 8 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 7.7. Owner Standing. Owner shall be deemed a proper and necessary party in any litigation questiorling or challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions, or City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any such litigation. 7.8. Venue and Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Texas and applicable ordinances, rules, regulations, or policies of the City. Venue for any action under this Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is performable in Tarrant County, Texas. 7.9. 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 shal 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 consi ered an original, but all of which shall constitute one instrument. (REMAINDER OF PAGE INTENTIONALLY BLANK) Page 9of13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 i CITY OF FORT WORTH: ARMOR TEXAS INSURANC AGENCY,INC. A Texas Corporation By: � B Fernando Costa Name: Hed en Assistant City Manager Title: Dire or ATTEST: B * .. C. Secretary •• Ja ette Goodall APPROVED AS TO FORM AND LEGALITY: By: ' YoIA B. Strong Sr. Assistant C Attorney M & C: 22-0457 i OFFOUAL�ECGRD CaTY SEC EETARY Page 10 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 STATE OF TEXAS § COUNTY OF TARRANT § 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 tc me to be the person and officer whose name is subscribed to the foregoing instrument, and ackno edged 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 flie 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. n G UNDER NDER MY HAND AND SEAL OF OFFICE this o�o,,, ay of 2022. otary Public in and for ,uuiq $ELENA ALA the State of Texas ?o. zzr :Notary Public. State of Texas Comm. Expires 03 31-2024 '�.,;,oIt �` Notary ID 132422528 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Hedy Pena, Director of ARMOR TEXAS INSURANCE AGENCY, INC., 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 and as the act d deed of ARMOR TEXAS INSURANCE AGENCY, INC. IVEN UNDER MY HAND AND SEAL OF OFFICE this fay of 20 �V Not is in d for The State of Texas SARAH J ODLE `r Notary ID#6215320 „ My Commission Expires z �qrf or t' November 8,2023 OFFICIAL RECORD CITY SECRETARY Page 11 of 13 FT W RTH'TX NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 Exhibit 1: Property Description Exhibit 2: Application: (NEZ) Incentives and Tax Abatement Exhibit 3: Project description Exhibit 4: Final Construction Invoices (to be attached after construction) i Page 12 of 13 NEZ Tax Abatement with Armor Texas Insurance Agency, Inc. 2612 W. Dickson Street, Approved by M&C 22-0457, June 14, 2022 Exhibit 1 Property Description 2612 W. Dickson Street, Block 1, Lots 7, 8 and the East 50 feet of Lot 9, Carroll-Stone Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-B, Page 194, Plat Records, Tarrant County. I I E�h ib it 2 ( T WO T APP lication# NZ21-021 3 _ City of Fort Worth Neighborhood Empowerment Zone (NEZ) Application for Incentives AP011icant Information Property ARMOR TEXAS INSURANCE AGENCY, INC Owner/Developer PENA HEDY M Last First NI.L Address: 2608 W DICKSON ST FORT WORTH TEXAS 76110 Street Address City State Zip Phone: 817-703-7008 Email: HEDY@ARMORTEXASINS.COM Contact: (If different) Last First M..1. Phone: Email: Project Information NEZ certifications are project and owner specific.Please describe your project: INSURANCE AGENCY OFFICE WITH EVENT VENUE AND INDUSTRIAL/OFFICE/RETAIL ON PREMISES 2608 W.Dickson-Event Venue Project Type 2528 W.Dickson-Office/Retails ❑ 1-1 ❑ ❑ ❑ V Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Use *Please be advised f the project address is zoned as a designated historical property(HQ and your project carsists of new construction DJ'exterior renovations,approval of your project is required prior to NEZ application submittal. Written approval firm the Historic and Cultural Landmarks Commission(HCLC)must be attached to the NEZ application. For questions or further informatia)carcerning historic projects,please contact the HCLC at(817)392-8000 Project Address: 2612, 2608 AND 2528 W DICKSON ST FORT WORTH,TEXAS 76110 Street Address Legal Description: CARROLL-STONE ADDITION Block 1 Lot 7 7-8 E50'9 BLK 1 Lot Block Addition YES NO YE01 ❑NO New Construction /Addition: ❑ Remodel/Rehab: Total New Sq.Ft. Total Development Cost: $574,377.50 For a single family project,will the NEZ certified property be occupied by YES NO the 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. If your project is a Commercial or Mixed Use project,please list all specific uses that are being proposed:2528 W. Dickson St-Office/Retail, 2608 W. Dickson St-Event Venue, 2612 W. Dickson St-Insurance Office Incentives — YES NO Do you wish to apply for a Municipal Property Tax abatement for this project? V ❑ If the above answer is yes,please contact the City of Fort Worth Neighborhood Services Department at(817)392-7316 or visit litty.//foi-twortiltexas.izov/neii,�liborhoods/NEZ/for additional information.Tax Abatements are processed after NEZ project certification and must go before the City Council for a 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. Applicants reauesting tax abatement n1aV not suhmit for a huilding perinit until the abatement has heels approved 6P the 0tv Council and the applicant has signed a contract. Revised 1 Oil 6/19 SO FORT WORTH Application# NZ21-021 T3 City of Fort Worth Neighborhood Empowerment Zone (NEZ) Application for Incentives YES NO { Do you wish to apply for a release of NEZ Policy eligible City liens? ❑ dJ Weed,Paving, Demolition and Board Up/Open Structure liens may be released for qualifying projects. For . Office We Only YES NO Will a Zoning Change application be necessary for this project? << ❑ .� , e + IAi(�����I- She I I Current Zoning: Propose Use: oahW3S,onn Signature of Zoning Staff: Date: a,rC Jlu�� PLEASE INITIAL NEXT TO EACH STATEMENT 1 understand that my application will not be processed if it is incomplete.I agree to provide any additional nformation r determining eligibility as requested by the City.If the additional information is not submitted within 30 days,the application will bedenied and application fees paid will not be reimbursed. I hereby certify that the information provided is true and accurate to the best of my knowledge. I hereby certify that all documents and information required by the Application Submittal Checklist is att hed. AVhereby acknowledge that I have read the NEZ Basic Incentives and Tax Abatement Policy,which governs he granting abatements, fee waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basit Incentives or MISREPRESENTATION shall constitute grounds for rejection of an application or termination of incentives at the discretion of the City. Vunderstand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect of ffie ,oject. I understand that I am responsible for obtaining required permits and inspections from the City and in ensuring the project is located in the correct zoning district. �4_ I understand that if there are taxes due or liens against any property I own in the City of Fort Worth I may not be Ylise—dbelow for NEZ incentives. I hereby certify that the project plans submitted with this application meet the NEZ design guideline requirements as or meet Strategic Plan guidelines for the Berryhi&Mason Heights, Oakland Corners and Stop Six areas as outlined on the NEZ webpage.I understand that if the project plans do not meet these design requirements,all permits will be put on hold pending correction. If I choose to relinquish my NEZ certification instead of meeting the design requirements, payment for all fees waived by the City up to that point 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.Exceptions to the masonry product will be made at the City's discretion for design district overlays(wher applicable) and approved planned development projects. d.Compliance with NEZ design guidelines for Council adopted NEZ Strategic Plans (Berryhill/Mas n Heights, Oakland Corners and Stop Six) is required for certification. e.Attached garages for new single family hornes may not extend more than 4 feet past the front building all. runderstand that I must pay all associated fees at the time of project application and/or permit submittal if I wish to sunlitpermits prior to determination of NEZ eligibility.This includes setting up an escrow account with the City. understand that some permits may not be issued while NEZ eligibility is being established.Example:Applications that are requesting Tax Abatement. ARMOR TEXAS INSURANCE AGENCY, INCAA�:� 12/29/2021 Printed Name of Property Sign tune of Property Date Owner/Developer Owner/Developer Revised 10/16/19 SO Exhibit 3 Protect Description Interior and exterior remodel. Interior: -Install new flooring in entire building. -Paint entire interior -Install new plumbing, HVAC and electrical for entire building. Exterior: -Repair any exterior damage and paint entire building. -Install new roof. f City of Fort Worth, Texas Mayor and Council Communication DATE: 06/14/22 M&C FILE NUMBER: M&C 22-0457 LOG NAME: 192608WDICKSON SUBJECT (CD 9)Authorize Execution of a Five-Year Tax Abatement Agreement with Armor Texas Insurance Agency,Inc.for the Rehabilitation of Three Commercial Buildings for Use as Office Space, an Event Center and a Shopping Center,with a Total of Approximately 9,027 Square Feet, Having a Cost of at Least$489,275.00 on Property Located at 2528,2608 and 2612 W. Dickson Street in the Las Familias de Rosemo it Neighborhood and Neighborhood Empowerment Zone and Reinvestment Zone Area Six RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Five-Year Tax Abatement Agreement with Armor Texas Insurance Agency, Inc.for the rehabilit tion of three commercial buildings for use as office space,an event center and a shopping center,with a total of approximately 9,027 square feet, having a cost of at least$489,275.00 on property located at 2528,2608 and 2612 W. Dickson Street in the Las Familias de Ros mont Neighborhood and Neighborhood Empowerment Zone and Reinvestment Zone Area Six;and 2. Find that the terms of,and the property subject to,the Tax Abatement Agreement meet the criteria and guidelines set forth n Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. DISCUSSION: Armor Texas Insurance Agency, Inc.(Property Owner)is the owner of the property described as Block 1, Lots 7,8 and the East 50 feet of Lot 9, Carroll-Stone Addition,an addition to the City of Fort Worth,Tarrant County,Texas according to the plat recorded in Volume 388-B, Page 194, Plat Records,Tarrant County,Texas at 2528,2608 and 2612 W. Dickson Street, Fort Worth,Texas.The property is located within the Las Familias de Rosemont neighborhood and Neighborhood Empowerment Zone Area Six(NEZ). The Property Owner plans to invest an estimated amount of$489,275.00 for the rehabilitation of three commercial buildings with approximately 9,027 square feet total for use as an office,event space and a shopping center(Project).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. Upon execution of the Agreement,the total assessed value of the improvements used for calculating municipal property tax will be frozen for a period of five years starting January 2023 at the estimated pre-improvement value,as defined by the Tarrant Appraisal District(TAD)in 2022,as follows: Pre-Improvement TAD Value of 7 Improvements $183,596.00 Pre-Improvement Estimated Value of Land $60,134.00 Total Pre-Improvement Estimated Value $243,730.00 The municipal property tax on the improved value of the Project after completion is estimated to be$3,583.94 per year for a total amount of $17,919.70 over the five-year period. However,this estimate may differ from the actual tax abatement value,which will be calcul ted based on the Tarrant Appraisal District appraised value of the property. The Tax Abatement Agreement may be assigned to an affiliate of the property owner without the consent of the City Council. If It a property is sold to a new owner,other than an affiliate,the Agreement may be assigned only with City Council approval and provided that the new owner meets all of the eligibility criteria as stated in the NEZ Tax Abatement Policy and Basic Incentives. This property is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the Tax Abatement Agreement,a loss of an estimated$17,919.70 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. Submitted for City Manager's Office by: Fernando Costa 6122 Originating Business Unit Head: Victor Turner 8187 Additional Information Contact: Sarah Odle 7316 c O� 10 p P �7 O IppO ` 1 Z O E m o � a i f A �A ��yppy �N ri a �xa E� IL �z A 5 6 • &8 ry s