HomeMy WebLinkAboutContract 45195 ,
CONTRACT CITY sEc ARY
AX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
EMPOWERMENT ZONE
362 F ch Street
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between the
CITY OF FORT WORTH', TEXAS (the "City"), a home rule mu-m*cipal corporation organized under the
laws of the State of Texas and acting by and through, T.M. Higgins, its duly authorized City M nag r, and
Eva Bonilla, owner of property located 36,2 Fouch Street, Block 15, Lot 13, Linwood Addition., an Addition
to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 38813, Page 181,.
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. Chapter 378 of the Texas Local Government Code allows a municipality.lity to create a
neighborhood cmpolwen-rent zone 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
rc idc is of the zone, or
(4) the rehabilitation of affordable housing in the zone.
B. Chapter 378 of the Teas Focal Government Code provides that a municipality that creates a
neighborhood empowerment zone may ester into agreements abating municipal property taxes on property
in-the gone
C, On July 31, 2001, the City Council adopted basic incentives for property owners who own
property located in ,a Neighborhood Empowerment Zone, stating that the City elects to be eligible to
participate in tax abatement and including guidelines and criteria governing tug, abatement agreements
entered into between the City and various third parties, titled "Neighborhood Empowerment Zone "NE,,Z
Basic Incentives
("NEZ ncenflve � , these were readopted pted n May 21, 2013 (Resolution N 209).
��
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 December 7, 2010, the Fort North City Council adopted Ordinance I No. 19466 (the
" r finance") establishing "Neighborhood, mpo erment Reinvestment Zone o.1 5R City of port
"worth, Texas (the "Zone") and adopted Resolution N . 3950 establishing "Designation of the Trinity Park
Area as a Neighborhood Empowerment Zo a the" E " ..
F', Owner owns certain real property located entirely within the Zone and that is more
particularly described in Exhibit "1"', attached hereto and hereby made a part of this Agreement, for all
wwmw�
purposes (the"Premises"),.
OFFICIAL RECORD
..
Page 1, of 1 FFFICIA RET ORD
IN L C
NEZ Tax Abatement with Eva Bonilla CITY SECRETA]RY
Approved by C C- 26552, November 5, 2013 ro Wo T TX
CF IV ED
e.
Its ass*
Owner or I igns plan to redevelop/remodel an existing building, Required
Improvements, as defined in Section 1.1 of this Agreement, on the Premises (the "Project").
H. On October 8, 2013 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 thi.s
Agreement for all purposes.
1. 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 Ordinance
and other applicable laws, ordinances, rules and regulations.
J. The terms of this Agreement, and the Premises and Required, Improvements, satisfy the
,eligibility criteria of the NEZ Incentives.
Ko 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, THERFFORF, the City, and Owner, for and in consideration of the to and conditions set
Barth herein, do hereby contract, covenant and agree as follows:
11 OWNER'S COVENANTS.
1.1. ilReal Prople,rq IMprovemients,
Owner shall construct., or cause to be constructed, on and within the Premises, certain
improvements consisting of a single-family residence, of at least 5,500 square feet in size and built
to the specifications, listed in Exhibit "Y'. (collectively the "Required Improvements"). Tarrant
Appraisal District must appraise the property (improvements and land) within 10% of$500,000.010.
Owner shall provide a survey of the home upon completion of the Required Improvements., The
parties agree that the final survey shall be a part of this Agreement and shall be labeled Exhibit "4"'.
Minor variations and more substantial variations if approved in writing by both parties to this
Agreement before construction is undertaken 'in the Required Improvements from the description
p ided in the Application for Tax Abatement shall not constitute an Event of Default, as,defined in
rovi I Application
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 "Y'.
1.2. Clomplefion Date of Reguired Improvements.
Owner certifies that the Required In will he completed within two years fro 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
Page 2 of 11
NE Z Tax Abatement with Eva Bonilla
Approved by M&C C- 265 52,November 5, 2013
mean an event beyond Owner's reasonable control as determined by the City of Fort Worth 'in its
1 14
soie ciscretion which shall not be unreasonably withheld, including, without limitation, delays
caused by adverse weather, delays in receipt of any required permits or approvals from any
governmental authority, acts of God, or fires. Force majeure shall not include construction delays
caused due to purely, financial matters, such, as, without limitation, delays in the obtaining of
adequate financing.
1.3. Use of Premises,
Owner covenants that the Required Improvements shall be used as the Owner's primary
residence in accordance with the NE Z Incentives. In addition'. Owner covenants that throughout
the Term,, the Required Improvements shall be maintained for the purposes set forth in this
Agreement.
2. ABATEMENT AMOUN E 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 frolm 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 on January 1,
2013,, after the demolition of an existing structure. The pre improved value for tax abatement
I
purposes is 0.00,
If the square footage requirement and the appraised value of rythe 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't
Required Improvements and shall apply only to taxes on the increase in value of the Premises due
to construction of the Required Improvements,. The Abatement shall not apply to taxes on the
land, nor shall the abatement apply to mineral interests.
2.3. 'Term of Abatement.
the term of the Abatement ( "'Term") shall begin on January I 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
(5"),anniversary of the Beginning Date.
Page 3 of I I
NEZ Tax Abatement with Eva Bonilla,
Approved-by M&C C-26,5'52,I'52,November 5, 2013
2 "rotests Over Appraisals or Assessments,
Owner shall have the night to protest, and contest any or all appraisals or assessments of the
Premises and/or improvements thereon.
2.5. Abatement A ication Fee,
The City acknowledges receipt from Owner of the required Application fee of$100.00. The
appacation fee shall not be credited or refunded to Owner or its assigns for any reason.
30 RECORDS, AUDITS AND EVALUATION OF MQ,UIRED IMPROVEMENTS.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Tenn, at any time
during normal office hours throughout the, Tenn and the year following the Tenn 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 fullywith the
City during any such inspection an or evaluation.
3.2. Lertlfc ution.
Owner shall certify annually to the City that it is in compliance with each applicable to 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 "311. Owner must provide
documentation that or 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 auci,t.
33 Provision of Information.
On or before March I following the end of every year during the Compliance Auditing,T erm
and at any other time if requested by the City, Owner shall provide information and documentation
for the previous year that addresses Owner's compliance with each of the terms and conditions of
this Agreement for that calendar year.
Failure to provide all information within the control of Owner required by this Section
3.3 shall constitute an Event of Default,as defined in Section 4.1.
3A Determination of'Comp Is iance.
On or before August I of each year during the Compliance Auditing Term, the City shall
make a, decision and rule on the actual arinual percentage of Abatement available to Owner for the
Page 4 of 11
NEZ Tax Abatement with Eva: onilla
Approved by M&C C- 26552,November 5,, 2013
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 Te�rm.
4. EVENTS OF DEFAULT.
4.1. Pefined.
Unless otherwise specified herein, Owner shall be in default of this Agreement Owner
fails to construct the Required Improvements as defined in Section 1.L- (1i) 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 taxe&- (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 riffiety (90) calendar days from the original date of receipt of the written notice, or (ii) if Owner
reasonably believes that Owner will require more than ninety (90) days to cure the Event of Default,
after advising the City Council in an open meeting of Owner's efforts and 'Intent to cure, such
additional time, if any, as may be offered by the City Council in its sole discretion.
*d:o 90
4.3. lermination for Event of Default and P#Ament of Liqui ited Dainnes.,
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 night to terminate this
Agreement immediately. Owner acknowledges and agrees, that an uncured Event of'Default will (0
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 admini*strative oversight
and *Involvement by the City; and (I"10 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
Page 5 of I I
NE Z Tax Abatement with Eva Bonilla
Approved by M&C, C-2 52,November 5, 2013
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 Premi'ses.,
Otherwise, this amount shall be due, owing and paid to the City within sixty (60) days following the
effective date ofterminationof 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 of date of termination of this
1, '20
Agreement, Owner shall also be liable four all penalties and interest on any outs tanaing 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. Termmati'on 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; (iii there shall be no recapture of any taxes
previously abated; and(110 neither party shall have any ftirther rights or obligations hereunder.
,$, 11 a
4.5 Sexual!y orilentect business & Li uor Stores or Pac Mores.
I A — kage S
a. Owner understands and agrees that the City has the right to terminate this
agreement if the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined in City's sole discretion if the Required Improvements contains or will
contain a liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee which City Council hereby agrees to,
the Abatement granted hereunder shall vest, only in Owner; however If Owner sells the Premises and
Required Improvements, this Abatement cannot be assigned to a new owner of all or any portion of the
Premises and/or Required Improvements without the prior consent of the City Council, which consent shall
not be unreasonably withheld provided that (i) the City Council finds that the proposed assignee is
financially capable of meeting the terms and conditions, of this Agreement and ('11) the proposed purchaser
i *t* I I
agrees, n wn
tin 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 ofrecleipt of written notice from the City to
Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required,
IN
Improvements as its pri mary residence or the homeowner's, mortgagee, Owner shall have no further
40
obli gations 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.
Page 6 of I I
NE Z Tax Abatement with Eva Boni'lla,
Approved by M&C C- 26552,November 5, 13
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 SHE
REQUIRED IMPROVEMENTS AND, EXECUTION OF THE ASSIGNMENT 01F 'THIS
AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF THE, TRANSFER OF
OWNERSHIP OF' THE REQUIRED IMPROVEMENTS SHALL RESULT IN SHE
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.-
fit 0
. and Owner-.
City offort Worth Housing 1& Economic Development Dept. Eva,Bonilla
Attn,,,, City Manager's Office Attn, Jay Ch , Director 78011 Grassland Dr
1000 Throckmorton I 00�O Throckmortion Ft. ,worth.,TX 76,133
Fort Worth,, Texas 76102 F I ort Worth Texas 76102
7. MISCELLANEOUS.
7.1. lfonds
The Required Improvements will not he financed by tax increment bonds. This Agreement
is subject to the rights of holders of outstanding bonds of the City.,
7.2. Conflicts of Interest.
Neither the Premises nor any of the required Improvements covered by this Agreement are
r-r 0
owned or leased by any member of'the City Count member of the City Planning or Loning
Commission or any member oft governing body of any taxing units 'in the Zone.
7.3. Confficts Between ocuments.
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 ofthlis Agreement, and ,E:xbshit "311"1"',., the 'body of this, Agre nt shall
control.
Page 7 of I I
'FEZ Tax Abatement with Eva Boni la
Approved by M&C C- 26552,N'ovember 5, 2013
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.
73, cily Council Authorization.
This, Agreement was authorized by-the City Council through approval of Mayor and Council
Communication No. C-26507 on November 5. 2013, which,, among other things, authorized the City
Manager to execute this Agreement on behalf of the City.
7,6, hStoppel 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 (o�r 1"f 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
to 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. Qwner Stan 0
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. Yenue and Jurisoliction.,
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. "his Agreement is
performable in Tarrant County,Texas.
*A-
7.9. 5everabill .
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.
Page 8 of I I
NEZ Tax Abatement with Eva Bonilla
Approved by M&C C- 26552,November 5, 2 013
7.10 Rea din s Not Controlli!1g,
.lea dings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.11. Ent Agreeme nire nit,I q of
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 Councfl. This Agreement may be
executed in multiple counterparts, each of which shall be considered an original, but all of which
shall constitute one instrument.
CITY OF FORT WORTH: 0 ERO
/010%
W
B
By y*
* 01 V
V-f ff
Fen-iando Costa Eva Boni lla
0
Assistant City Manager Owner
0
ATTEST.-
0
08 0
eo
By*
00
Mary Kayser
City Secretar 4AS
y
APPROVED AS TO FORM AND LEGALITY:
A,0i,
IWrn
Melinda os
Sr. Assistant City At, omey
M& Co. C-26 43
OFFICIAL RECORD
Page 9 of I I CITY SECRETARY
NEE Tax Abatement with Eva Bonilla FTe WORTHo TX
Approved by M&C C- 26552,November 51, 20 13 110M
STATE OF TEXAS §
COUNTY OF TA NT §
BEFORE ME,, the undersigned authority, on this day personally appeared Fernando Costal,
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 F rt Worth and that he executed the same as the act of the said City for the purposes and
consideration therein ex res,sed and in the capacity therein stated.
.4001)GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,-�W,"Id, of
2013.
'11001 to c
Notary Public 'in and for ROSF.LLA BARNES
jj
10 P1
the State of Texas My C0MMISSION EXPIRES
1 201
Itch S
Mamh 31,,2017
6(c s � -
Notary's Printed Name
STATE OF TEXAS
COUNTY OF:TA NT
BEFORE ME, the undersigned authon*ty, on this, day personally appeared Eva Bonilla, 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 there-in expressed, in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0"-day of
0 3
1000),
Notu60 S LE -Mae
iic f 0
in l
ARAH Ji.OD
the State of Texas
M�rC)MMiS,910N EXPIRJES
Nmmbet 5,2W6
04 0440:
Notary"s Printed Name
Page 10 of I I
NEZ Tax Abatement with Eva Bonilla
Approved by M&C C-26507,November 5, 2013
Exhibit I.- Property Description
E x hib*1 t 2 Application.- (NEZ) Incentives and Tax Abatement
Exhibit 3 Required Improvements description
Exhibit 4.- Final Survey
Page I I of 11
NEZ Tax Abatement with Eva Bonfl.1a,
Approved by M&C C-26507, November 5, 2013
Exhibit 1
Pry pp!Ay,Legal Desr
362 Foch Street, Block 15, Lot 13, Linwood Addition, an Addifion to the City of For
Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388B, Page 18,1,
of the Plat Records of Tarrant County, Texas
Exhibit "211
tORT WORTH Application No'. NZ(5-OD1320
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION
I. APPLICATION CHECK LIST - Please,submit the following,doctimentation.0
A conipleted application form
mow° A list,of all properties owned by the applicant,owner,developer,associates,principals,partners,and agents
in the Citv Fort Worth
Non Refundable Application fee—For all Basic Incentives applications excluding Tax Abatement the
application fee is$25.00, For multifamily,coimmercial, industrial, cornurne,rcial facilities,and mixed-use tax
abatement applications-. 0.5%of the total Capital Investment of the project,with a S200.00 minimum and
not to exceed$2,000.O0; For residential tax abatement applications-. $1 00.0�O per house.
Proof of ownership,such as a warranty deed,affidavit of heirship,or a,probated will OR evidence of site
control, such as option to buy(A registered warranty deed is required for tax abatement application.)
Title abstract of the property(only if applying for release of City liens)
A reduced I I x 17 floor plan,site plan,and site elevation with
a written detailed project description that includes a construction time line
A detailed line item budget showing the cost breakdown for the project
Copy of Incorporation Papers noting all principals,partners,and agents if applicable
sy
Reg uired-Meet with the Councilmember and Neighborhood&other Organizations representing the NEZ
as outlined in the Public Notice requirement of the NEZ Policy and Guidelines revised April 6,2004 or
followed guidelines of NEZ Strategic'Plan if a'Strategic Plan is'in place for the specific Z.
Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation For projects located in Woodhaven NEZ only)
INCOMPLETE APPLICATIONS WILL NOT' BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 301 DAYS AFTER THE
APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE, ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 6iO TO 90
BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AF TER THE
ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOU'R PROJECT. ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS
APPROVED, OR WITHIN THE 12 MONTH PERIODTHAT THE TAX ABATEMENT WAS APPROVED.,OR YOU
WILL BE REQUIRED TO RE-APPLY FOR NEZ INCENTIVES.
11. APPLICANT/AGENT INFORMATION
1. Applicant'-
'306 q�- EVA BotA�
LUAContact WC
e�s
3. Address:
Street City State Zip,
4. Phone no.: -2_9 LA 0-1 1"L 5. Fax No.:
6. Email: Y/ 00 COPA
7. Agent if any)
8. Address-,
ci
Street I ty State Zip
9. Phone no.: 10. Fax No.:
1.:1. Email:
Revised July 22,20 10 1
.............— . I -
m
MKTWORTH Application No.
PROJECI ELIGIBILITY
I. Please list down the addresses and legal descriptions o the �pr ,'e ct and other properties, your
organization
owns to fort Worth Attach mete► and h �nnds description if no address or regal
description is available, Attach a map showing the location of the project.
Table, l Property Ov nersh
�..
Address Zip Code i
._ ..
ed Mn
Project Location Subdivision.dame Lot NO. Block No.
L3
LID:7
Other properties owned Iin the City of port worth continue on a separate,sheet and attach if necessary.
?0 C- -A 6 1 "IN 40%
SSUNA AAEA
IT
310o
2. For each property listed in Table I,please check the boxes below to nd ca.te 1f
* there are taxes past due; or
0 there are City liens;or
You (meaning the applicant, developer, associates, agents, principa s) have been subject to a Building
Standards Corrnmission"s Order of Demolition where the property was demolished within the last Div
years.
Table 2, Property Taxes and Cit -Jens
Property City Liars on Property
Address Taxes Wed Board-up/Open Demolition Paving Order of
,due lens Stucta re Liens Liens Liens Demolition
Ell
Eli [:j 11
0 0 U
Li 1:1
x
(Please attach additional sheets of paper as needed.)
If there are taxes due or bens against any property n the City of Fort Worth you mpl ,not he eligible
for NEZ incent%ves
Revised July 22,2010
IORT WORTH Application N .
3. Do you own other properties under other names? Yes No
If Yes,please specify
4. Does the proposed pro'ect conform with Clity of Fort Worth Zoning?
J Yes No
If no, what steps are,being taken to insure compliance
5. Proj ect
Type, Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Use
Owner O�c cup ied
Rental Property
6. Please describe the proposed residential or commercial project � tz_
7'. If your project is a commercial, 'industrial,or mixed-use project,please describe the types of
businesses that are being proposed-.
,8., Is thi's a new construction or rehab project? /New Construc ' n 0 Rehab
9. How much is the total deve ylopment cost of project.? 4
10. Will the eligible rehabilitation work* equal to at least 30% of the Tarrn Appraisal District (TAD)
assessed value of the structure during the year rehabflltation occurs'. ; Yes 0 No
*Eligible rehabilitation includes only physical improvements to real property. It does NOT include:
Front and fencing consisting of chain-link or solid inaterial construction; personal property such as furniture,
appliances,equipment, and/or supplies.Total eligible rehabilitation costs shall equal to or exceed 30%of the
TAD appraised value of the structure during the year rehabilitation occurs,
11. How much 'is the total square footage of your pro'ec0 square feet
If applying for a tax abatement please answer,questions 12— 16.If not skip to part III Incentives
12.For a sin gle-fa ail v homeownership i-fam' developMent !Lo
mixed-use, or,mult" ly _p Lect, please rill out
L
the number of residential units based on 'income range of owners or renters in the following table.
Table 3 Number of Residential Units and Income Rang a of Owners or Renters
Number of Units Percentage
Income Range
> 80%of AMFI**
At or below 80%of I
7,71777 1"'T'07 INf"Itl 77771,,,,
77, 7,7777 77 717, "T,
i, 7p 77
% V,,_v 77 6!171 ,7�7 1,, 7
'M S
**AMFI.-Area Median Family Incur e. Please see attachment for income and housing payment guidelines.
13.
Fora multifamily,p * I i
I .Loject to be qualified for tax abatement, at least 20% of total un is shall be
affordable to families at or below 80% of AMF'I. Check the box if you are requesting a waiver of thi's
requirement.
14. For a comm,er�tia unity, facilities project. indicate square footage of non-
& industrial or comin 1
r idential space.
residential
7`77
21.41`, a
s quarefeet square feet square feet
Revised July 22,,2010 3
FORTWORTH Applkation No.
5. How much will be your Capital Investment,*** on the pry ct Please use the following table to rovid
the details and amount of your Capital Investment(Attaches addi-ional sheets it necessary)
Table 4 ltemLzed Budget of the Projec,
Items Amount
ote
Total
***Capital Investment includes,only real property improvements such as new facilities and structures,site improvements, facility
expansion, and facility mode izatto * Capital Investment DOES: NOT include land acquisition costs andJor any existing
improvements,or personal property(such as machinery, quiprn ent,andJor supplies or inventory).
16. For commercial industrial commu ni facility or nixed-use project how many em to ees will the
project generate?
7. For a ni a -nse project please indicate the percentage of all apses in the project in the following table.
Table 5 Percentage of Uses in a Mixed-Use Project
Type Square Footage Percentage
Residential
Office
Eaten
L.Entertammen't
Retail salve
ery icc
Total
OWN i
III's INCENTIVES, What incentives,ves,,were you applying or"
Municipal Pero ert v Tax Abatements .
Must provide Final Plat Cabinet and Slide for Ta x Abatement Cabinet Slide
5 years More than 5 years:
Residential owner occupied Resi ential�.e a1 Pro er Ap eats 5 1 IS ��nits) � Commercial
Development Fee Waivers
All building permit related fees(including Pleas Review and Inspections)
Plat application fee(including concept plan,preliminary plat, final plat, short forTn re l t
m
Zoning application fee Board oil Adjustment application fee
Demolition fee Structure mooring fee
Conununtity Facilities,Agreement C application fee
Street and utility easement vacation application fee
Im pact �i er's The maximum , tar wastewater impact to waiver amount for commercial,, industrial, fixed-
use„ or community facility e to meat project is equivalent to the watedwastewater impact"lee of two 6-inch meters
Water (Meter'S'izo (No.of meters Transportation
ele Ise f � lo.
0µ Weed lions. E Paving lions E] Board ip/open structure, liens Demolition liens
Revised July 22,2010 4
,FORT WORT-H
Appkat on N I.
Ill. ACKNOWLEDGMENTS
I hereby certify that the information provided is true and accurate to the hest of knowledge. I hereby
rev
acl�.io vledge that l have received a copy of NEZ Basic Incentives, which governs the g'ranting 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.
understa d that the approval o fee waivers and other incentives shall not he deemed to he approval M
pp l 'and aspect of
the project. l understand that I am responsible in obtaining required permits and inspections from the City and in
ensuring the project is located) in the correct zon,ing district.
understand that nay application will not be processed if it is incomplete. l agree to provide any additional
infomiatlon for determining eligibili y as requested by the City.
,
(PRINTED OR TYPED...NAME) (AUTHORIZED SIGNATURE) (DATE)
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Electronic version of this form is available can our website. For more information on the NEZ Program,please visit
our web site at www.fortworth,gov.org/plannl'nganddevelopment
For Office
Application No. in which NEZ?pp � � Council District
Application Completed Date Received Date Clonform with Zoning's E"'des ONo,
Type? SF Multifamily 0 Commercial ElIndustrial 0 Community facilities Mixed-Use
Construct in completion date" Before NE r NEZ vnerslipite Control Yes o
TAD Account loo. Consistent with the NEZ plank �, Li
Meet affordability test? 0 des No . Minimum Capital Investment? Yes Na
Rehab at or higher than 30% des No Meet mixed-use definition`? � Nc
Tax current on this ro
p p rty ' E4"�es E No Tai current on other,properties? Yes Li In
City liens on this property? City liens on other properties?
x
• 'weed liens El Yes allo�g� y��� . W6ed Iie'ns' Yes o
• Board-up/open structure liens "des 2-'&o Board-up per structure liens Yes �c
• Demolition liens �Yes D$401 * Demolition liens
Yes If �n
Paving liens Y s 9 9 paving liens Yes �No
• Order of Vye*s tin Order of demolition Yes q1_113)
Certified? El No Certified b .Cute certification issued?
µ
If not certified,reason
Deferred to: O Development lousing E]Development "Water []Code TP
Revised July 22, 10
E x h*1 bit 3
Project DescrIpti,on
Single Family Residence
4 Bedrooms
4V2Bath-rooms
3 Fireplaces
Breakfast Nook
2 Living Rooms,
Game Room
2 Covered Patios
Approximately 5500 total square feet
Attached 3 Car Garage and I Car Garage
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FISCAL IM FORM" �ATION/',CERT�IFIICATION:
The Financial Management Services, Director certifies that this action will have no material effect,on
City funds.
,1i 10 Fwild/AccounVCenters FROM Fund/AccounVCenters
Submift ed for Cif y Mann ear's Off ice by., Fernando, Costa (6 122)
Orl"ginathwPepartment Head: Jesus Chapa (518104),
Cynthia Garcia (8 187)
Addikional Information Contact: Sarah Odle (73,16)
ATTACHMENTS
362 F h Street M,ap. df
Site Pla,n - Elevationa.pdf
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