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HomeMy WebLinkAboutContract 47827 CITY SECRETS CONTRACT MO. Z TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE 5725 Kilpatrick 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, and Alejandro Fabian Martinez, ("Owner"), owner of property located at 5725 Kilpatrick Avenue, Lots 13 & 14, Block 8, out of the Chamberlain Arlington Heights Addition, situated in the City of Fort Worth,Tarrant County,Texas,and located in the Fort Worth Independent School District as shown by the Deed of Record in Volume 4827, Page 358, of the Deed 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 to create a Neighborhood Empowerment Zone (NEZ) if the municipality determines that the creation of the zone would promote: (1) The creation of affordable housing,including manufactured housing in the zone; (2) An increase in economic development in the zone; (3) An increase in the quality of social services, education, or public safety provided to residents of the zone; or (4) The rehabilitation of affordable housing in the zone. B. Chapter 378 of the Texas Local Government Code provides that a municipality that creates a NEZ,may enter into agreements abating municipal property taxes on property in the zone. C. On July 31, 2001, the City 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 tax abatement agreements entered into between the City and various third parties, titled "Neighborhood Empowerment Zone "NEZ Basic Incentives" ("NEZ Incentives"),these were readopted on May 19, 2015 (Resolution No. 4455). D. The NEZ Incentives contain 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("Code"). E. On March 27, 2012, the City Council adopted Ordinance No. 20144 ("Ordinance") establishing "Neighborhood Empowerment Reinvestment Zone No. 2," City of Fort Worth, Texas ("Zone") and adopted Resolution No. 4144 Re-establishing "Designation of Ridglea/Como Area as a Neighborhood Empowerment Zone" ("NEZ"). OFFICIAL RECORD Aft 2 4 MAT CITY SECRETARY JF F08TI�0�'; FT.WORTH,TX NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 1 of 11 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 purposes (the "Premises"). G. Owner or its assigns plan to construct the Required Improvements,as defined in Section 1.1 of this Agreement,on the Premises to be used as a single-family residence that will be used as rental property. H. On October 28, 2015, Owner submitted a complete application for NEZ incentives and for tax abatement to the City concerning the contemplated use of the Premises (the "Application"), attached hereto as Exhibit"2" and hereby made a part of this Agreement for all purposes. I. The City Council finds that the contemplated use of the Premises, the Required Improvements, as defined in Section 1.1, and the terms of this Agreement are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the NEZ Incentives, the 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. K. Written notice that the City intends to enter into this Agreement, along with a copy of this Agreement, has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located. NOW, THEREFORE, the City and Owner, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: 1. OWNER'S COVENANTS. 1.1. Real Property Improvements. Owner shall construct a Single-Family Dwelling, (collectively, the "Required Improvements"),the kind and type of construction are more particularly described in Exhibit "Y'. Minor variations 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 Required Improvements are in the manner described in Exhibit "3". Tarrant Appraisal District must appraise the property (improvements and land)within 10% of $75,000.00. 1.2. Completion Date of Required Improvements. Owner certifies that the Required Improvements will be substantially complete within two years from the date of Council approval. The abatement will automatically terminate two years after Council approval of the project 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 NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 2 of 11 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 the Premises shall be used as rental property in accordance with the description of the Project set forth in the Exhibit"3". In addition, Owner covenants that throughout the Term,the Required Improvements shall be operated and maintained for the purposes set forth in this Agreement and in a manner that is consistent with the general purposes of encouraging 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 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 TAD in January 2016, and this amount is $0.00. If the appraised value of the Required Improvements are less than as provided in Section 1.1 of this Agreement, Owner shall not be eligible to receive any Abatement under this Agreement. 2.2 Increase in Value. The Abatement shall be 100% of the increase in value from the construction of the Required Improvements and shall apply only to taxes on the increase in value of the Premises due to construction of the Required Improvements. The Abatement shall not apply to taxes on the land, nor shall the abatement apply to mineral interests. 2.3. Term of Abatement. The term of the Abatement ("Term") shall begin on January 1 of the year following the calendar year in which the Required Improvement is completed by final inspection ('Beginning Date") and,unless sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth (5th) anniversary of the Beginning Date. NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 3 of 11 2.4 Protests Over Appraisals or Assessments. Owner shall have the right to protest and contest any or all appraisals or assessments of the Premises and/or improvements thereon. 2.5. Abatement Application Fee. The City acknowledges receipt from Owner of the required Application fee of $100.00. The application fee shall not be credited or refunded to Owner or its assigns for any reason. 3. RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS. 3.1. Inspection of Premises. Between the execution date of this Agreement and the last day of the Term, at any time during normal office hours throughout the Term and the year following the Term and following reasonable notice to Owner, the City shall have and Owner shall provide access to the Premises in order for the City to inspect the Premises and evaluate the Required Improvements to ensure compliance with the terms and conditions of this Agreement. Owner shall cooperate fully with the City during any such inspection and/or evaluation. 3.2. Certification. Owner shall certify annually to the City that it is in compliance with each applicable term of this Agreement. The City shall have the right to audit at the City's expense the Required Improvement with respects to the specifications listed in Exhibit "3". Owner must provide documentation that Owner is using the Required Improvements as their primary residence (collectively, the "Records") at any time during the Compliance Auditing Term in order to determine compliance with this Agreement. Owner shall make all applicable Records available to the City on the Premises or at another location in the City following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. 3.3 Provision of Information. On or before March 1 following the end of every year during the Compliance Auditing Term and at any other time if requested by the City, Owner shall provide information and documentation for the previous year that addresses Owner's compliance with each of the terms and conditions of this Agreement for that calendar year. Failure to provide all information within the control of Owner required by this Section 3.3 shall constitute an Event of Default, as defined in Section 4.1. NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 4 of 11 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 RENTAL PROPERTY ONCE THE ABATEMENT BEGINS; or(iv) OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH (collectively, each an "Event of Default"). 4.2. Notice to Cure. Subject to Section 5, if the City determines that an Event of Default has occurred, the City shall provide a written notice to Owner that describes the nature of the Event of Default. Owner shall have sixty (60) calendar days from the date of receipt of this written notice to fully cure or have cured the Event of Default. If Owner reasonably believes that Owner will require additional time to cure the Event of Default, Owner shall promptly notify the City in writing,in which case(i) after advising the City Council in an open meeting of Owner's efforts and intent to cure, Owner shall have ninety(90) calendar days from the original date of receipt of the written notice, or (ii) if Owner reasonably believes that Owner will require more than ninety (90) days to cure the Event of Default, after advising the City Council in an open meeting of Owner's efforts and intent to cure, such additional time, if any, as may be offered by the City Council in its sole discretion. 4.3. Termination for Event of Default and Payment of Liquidated Damages. If an Event of Default which is defined in Section 4.1 has not been cured within the time frame specifically allowed under Section 4.2, the City shall have the right to terminate this Agreement immediately. Owner acknowledges and agrees that an uncured Event of Default will (i) harm the City's economic development and redevelopment efforts on the Premises and in the vicinity of the 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 NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 5 of 11 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 Packaue 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 rental property 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 (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. NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 6 of 11 Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required Improvements as rental property or the homeowner's mortgagee, Owner shall have no further obligations or duties under this Agreement.In addition,upon assignment to any other entity with the written consent of City Council, Owner shall have no further duty or obligation under this Agreement. IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT OF A SALE OR ASSIGNMENT. THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF THE TRANSFER OF OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY. 6. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: and Owner: City of Fort Worth Neighborhood Services Dept. Alejandro Fabian Martinez Attn: City Manager's Office Attn: Director 6356 Eagles Rest Dr. 1000 Throclmorton 1000 Throckmorton Ft. Worth, Texas 76179 Fort Worth, Texas 76102 Fort Worth, Texas 76102 7. MISCELLANEOUS. 7.1. Bonds The Required Improvements will not be financed by tax increment bonds. This Agreement is subject to the rights of holders of outstanding bonds of the City. 7.2. Conflicts of Interest. Neither the Premises nor any of the Required Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning or Zoning Commission or any member of the governing body of any taxing units in the Zone. NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 7 of 11 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. C-27615 on January 26, 2016, which, among other things authorized the City Manager to execute this Agreement on behalf of the City. 7.6. Estoppel Certificate. Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, if requested,will be addressed to the Owner, and shall include,but not necessarily be limited to, statements that this Agreement is in full force and effect without default (or if an Event of Default exists, the nature of the Event of Default and curative action taken and/or necessary to effect a cure), the remaining term of this Agreement, the levels and remaining term of the Abatement in effect, and such other matters reasonably requested by the party or parties to receive the certificates. 7.7. Owner Standing. Owner shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying laws,ordinances,resolutions or City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any such litigation. 7.8. Venue and Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Texas and applicable ordinances,rules,regulations or policies of the City. Venue for any action under this Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is performable in Tarrant County, Texas. NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 8 of I 1 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. CITY OF FORT WORTH: OWNER: By: By: Fernando Costa Alejandro Fabian Martinez Assistant City Manager AT By:TES l Mary Kayser $ City Secretary o� r� APPROVED AS TO FORM AND LEGALITY: By`� IXX-U"�� Melinda Ramos Sr. Assistant City Attorney M & C: C-27615 EFT. RECORD CRETARY RTH, TX NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 9 of 11 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 to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH,TEXAS, a municipal corporation,that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this . '-day of 2016. TRIKINYA L JOHNSON Notary Public ' and f �+ : ":Notary Public,State of Texas the State ofTexas °•' ', Comm.Expires 04-17-2018 %' Notary ID 1238832-0 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Alejandro Fabian Martinez, 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 and in the capacity therein stated. GIVEN ER MY HAND AND SEAL OF OFFICE this kray of 201 SARAH J. ODLE Notary Nbifcv in and f r ',°`•'r�`"�;'`:Notary PuUhc,Siote of texas the State of Texas _ : Comm. Expires 1 1.05-2019 Oki I ' Noicfy iU 6215320 NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26,2016 Page 10 of 11 Exhibit 1: Property Description Exhibit 2: Application: (NEZ) Incentives and Tax Abatement Exhibit 3: Required Improvements description including kind, number and location of the proposed improvements. NEZ Tax Abatement with Alejandro Fabian Martinez Approved by M&C C-27615, January 26, 2016 Page 11 of 11 Exhibit 1 Property Description 5725 Kilpatrick Avenue, Lots 13 & 14, Block 8, out of the Chamberlain Arlington Heights Addition, situated in the City of Fort Worth, Tarrant County, Texas, and located in the Fort Worth Independent School District as shown by the Deed of Record in Volume 4827, Page 358, of the Deed Records of Tarrant County, Texas. Exhibit 2 FORT WORTH Application No. 0,6 CITY OF FORT WORTH NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM PROJECT CERTIFICATION APPLICATION I. APPLICATION CHECK LIST - Please submit the following documentation: ❑ A completed application form ❑ A list of all properties owned by the applicant,owner,developer,associates,principals,partner,and agents in the Citv Fort Worth ❑ Non Refundable Application fee—For all Basic Incentives applications excluding Tax Abatement the application fee is$25.00.For multifamily,commercial, industrial,community facilities,and mixed-use tax abatement applications:0.5%of the total Capital Investment of the project,with a$200.00 minimum and not to exceed$2,000.00;For residential tax abatement applications:$100.00 per house. ❑ Proof of ownership,such as a warranty deed,affidavit of heirship,or a probated will OR evidence of site control,such as option to buy(A registered warranty deed is required for tax abatement application.) ❑ Title abstract of the property(only if applying for release of City liens) ❑ A reduced 11x17 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 ❑ Required-Meet with the Councilmember and Neighborhood&other Organizations representing the NEZ as outlined in the Public Notice requirement of the NEZ Policy and Guidelines revised February 5,2014 or followed guidelines of NEZ Strategic Plan if Strategic Plan is in place for the specific NEZ. ❑ Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development Corporation(For projects located in Woodhaven NEZ only) INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS OF THE DATE OF APPLICATION. YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE ISSUED FOR YOUR PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 60 TO 90 BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS APPROVED,OR WITHIN THE 12 MONTH PERIOD THAT THE TAX ABATEMENT WAS APPROVED,OR YOU WILL BE REQUIRED TORE-APPLY FOR NEZ INCENTIVES. II. APPLICANT/AGENT INFORMATION Alejandro Martinez 1. Applicant: _ 2. Contact Person: Alejandro Martinez 3. Address: 6356 Eagles Rest Drive Fort worth TX 76179 Street City State Zip 4. Plione no.: 817.729.8088 5. Fax No.: NIA _ 6. Email: eaulesre stservices@ya he o.corn 7. Agent(if any) NIA 8. Address: Street City State Zip 9. Phone no.: 10.Fax No.: 11. Email: Revised July 23,2014 I FORT WORTH Application No. PROJECT ELIGIBILITY 1. Please list the addresses and legal descriptions of the project and other properties your organization owns in Fort Worth. Attach metes and bounds description if no address or legal description is available. Attach a map showing the location of the project. Fable I Property Own skip Address Zip Code (Project Location) Subdivision Name Lot No. Block No. 5725 Kilpatrick Ave 76107 Chamberlain Arlington HTS 2nd 13&14 60 2205 Dillard Street 76105 Willi Walter#4 Addition 13 2 Other properties owned in the City of Fort Worth -continue on a separate sheet and attach if necessary. 2. For each property listed in Table 1,please check the boxes below to indicate if- ® there are taxes past due; or ® there are City liens;or • You (meaning the applicant, developer, associates, agents, principals) have been subject to a Building Standards Commission's Order of Demolition where the property was demolished within the last five years. Table 2 Property Taxes and City Liens Property City Liens on Property Address Taxes Weed Board-up/Open Demolition Paving Order of Due Liens Stucture Liens Liens Liens Demolition 5726 Kilpatrick AVE,Fort Worth,TX 76107 ❑ ❑ ❑ ❑ ❑ ❑ 2205 Dillard Street,Fort Worth,TX 76105 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1:1 1:1 1:10 El--o--- - ❑ ❑ ❑ F1 El❑ ❑ 1-1 - ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ (Please attach additional sheets of paper as needed.) If there are taxes due or liens against any property in the City of Fort Worth you may not be eligible for NEZ incentives Revised July 23,2014 2 FORT WORTH Application No. �ZI s"0UOI-�' 3. Do you own other properties under other names? ❑Yes®No If Yes,please specify _ 4. Does the proposed project conform with City of Fort Worth Zoning? ®Yes ❑No If no,what steps are being taken to insure compliance? 5. Project ® ❑ El Single El Family Multi-Family Commercial Industrial Community Facilities Mixed-Use ❑Owner Occupied ®Rental Property i 6. Please describe the proposed residential or commercial project: New construction for5inyle Family House I 7. If your project is a commercial,industrial,or mixed-use project,please describe the types of businesses that are being proposed: POA 8. Is this a new construction or rehab project? Z New Construction ❑Rehab 9. How much is the total development cost of your project? 1452 each p pig 10. Will the eligible rehabilitation work* be equal to at least 30% of the Tarrant Appraisal District (TAD)assessed value of the structure during the year rehabilitation occurs? 9 Yes ❑No *Eligible rehabilitation includes only physical improvements to real property. It does NOT include: Front yard fencing consisting of chain-link or solid material construction;personal property such as furniture, appliances,equipment,and/or supplies.Total eligible rehabilitation costs shall equal to or exceed 30%of the TAD appraised value of the structure during the year rehabilitation occurs. 11. How much is the total square footage of your project? 1452 each square feet *If applying for a tax abatement please answer questions 12.—16.If not skip to part III,Incentives 12.For a single-family homeownership, mixed-use, or multi-family development project, please :till out the number of residential units based on income range of owners or renters in the following table. Table 3 Number of Residential Units and Income Range of Owners or Renters Number of Units Percentage Income Range:. >80%of AMFI** At or below 80%of AMFI Total Units **AMFI:Area Median Family Income. Please see attachment for income and housing payment guidelines. 13. For a multifamily proiect to be qualified for tax abatement, at least 20% of total units shall be affordable to families at or below 80%of AWL Check the box if you are requesting a waiver of this requirement. ❑ 14. For a commercial, industrial or communily facilities proiect, indicate square footage of non- residential space. Contrriercial. Industrial Community Facilities square feet square feet square feet Revised July 23,2014 3 FORT WORTH Application No._ 215 'o0'_ 15. How much will be your Capital Investment' on the project?Please use the following table to provide the details and amount of your Capital Investment(Attached additional sheets if necessary). Table 4 Itemized Budget of the Project Items Amount Notes 5725 Kilpatrick AVE,Fort Worth,TX 76107 $75,000.00 NEW CONSTRUCTION ESTIMATE 2205 Dillard Straot,Fort Worth,TX 76105 $75,000.00 NEW CONSTRUCTION ESTIMATE Total $150,000.00 ***Capital Investment includes only real property improvements such as new facilities and structures,site improvements, facility expansion, and facility modernization. Capital Investment DOES NOT include land acquisition costs and/or any existing improvements,or personal property(such as machinery,equipment,and/or supplies or inventory). 16. For a commercial, industrial, community facility or mixed-use proieet, how many employees will the project generate? UNKNOWN 17. For a mixed-use project,please indicate the percentage of all uses in the project in the following table. Table 5 Percentage of Uses in a Mixed-Use Project Type Square Footage Percentage Residential Office Eating -- — Entertainment Retail sales Service Total III. INCENTIVES - What incentives are you applying for? Municipal Property Tax Abatements Must provide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide ® 5 years ❑More than 5 years ❑Residential owner occupied ®Residential Rental Property ❑Apartments(5 plus units) ❑Commercial Development Fee Waivers All building permit related fees(including Plans Review and Inspections) ❑ Plat application fee(including concept plan,preliminary plat,final plat,short form replat) ❑ Zoning application fee ❑ Board of Adiustment application fee ❑ Demolition fee ❑ Structure moving fee ❑ Community Facilities Agreement(CFA)application fee [0 Street and utility easement vacation application fee Impact Fee Waivers -The maximum water/wastewater impact fee waiver amount for a commercial, industrial, mixed- use,or community facility development project is equivalent to the water/wastewater impact fee of two 6-inch meters Water (Meter Size ) (No. of meters ) ❑Transportation Release of City Liens ❑ Weed liens ❑Paving liens ❑Board up/open structure liens ❑ Demolition liens Revised July 23,2014 4 FORT WORTH Application No. . ��� III. ACKNOWLEDGMENTS I hereby certify that the information provided is true and accurate to the best of my knowledge. 1 hereby acknowledge that I have received a copy of NEZ Basic Incentives,which governs the granting of tax abatements,fee waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or MISREPRESENTATION sliall constitute grounds for rejection of an application or termination of incentives at the discretion of the City. I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect of the project. I understand that 1 am responsible in obtaining required permits and inspections fi-om the City and in ensuring the project is located in the correct zoning district. I understand that my application will not be processed if it is incomplete. I agree to provide any additional information for determining eligibility as requested by the City. MARTINEZ,ALEJANDRO F 28 OCTOBER 2415 (PRINTED OR TYPED NAME) (AUTHORIZED SIGNATURE) (DATE) Please mail or fax your application to: .City of Fort Worth Planning and Development Department 1000 Throckmorton Street,Fort Worth,Texas 76102 Teh (817)392=2222 Fax:(817)392-8116 Electronic version of this form is available on our website. For more information on the NEZ Program,please visit our web site at www.fortwortligov.org/planninganddevelopment For Office se Only cx Application No.�2) [n which NEZ? (1 p (7 Council Distinct Application Completed Date(Received Date): �9 �`' Conform with Zoning? 01"Yes [:]No Type? [N'S`F ❑Multifamily ❑Commercial [9 Industrial ❑Community facilities ❑Mixed-Use Construction completion date? ❑Before NEZ�fter NEZ Ownership/Site Control Yes[]No TAD Account No. t�'1'3(p 9 _ Consistent with the NEZ plan? [I''Yes ❑No Meet affordability test? El-yes ❑No Minimum Capital Investment? Q Yes ❑No Rehab at or higher than 30%? ❑'Yes ❑No Meet mixed-use definition? Yes ❑No Tax current on this property? EI-Yes ❑No Tax current on other properties? Q Yes ❑No City liens on this property? City liens on other properties? ® Weed liens ❑Yes No e Weed liens ❑Yes No ® Board-up/open structure liens ❑Yes No e Board-up/open structure liens ❑Yes No ® Demolition liens ❑Yes No e Demolition liens []'Yes No ® Paving liens ❑ Yes No ® Paving liens 1:1 Yes No ® Order of demolition ❑Yes No ® Order of demolition ❑Yes EU No Certified? D<s ❑No Certified by Date certification issued? � If not certified,reason Referred to: ❑Economic Development ❑Housing ❑Development ❑Water ❑Code ❑TPW Revised July 23,2014 5 Exhibit 3 Proiect Description New construction of a single family residence • Approximately 1,452 square feet • 3 Bedrooms • 2 Bathrooms • Living Room/Dining Room Combination • Kitchen • Laundry Area • Covered Front Porch • 2 Car Garage M&C Review Official CITY COUNCIL AGENDA FORTWORTI1 COUNCIL ACTION: Approved on 1/26/2016 DATE: 1/26/2016 REFERENCE C-27615 LOG NAME: 19NS NO.: NEZ5725KILPATRICK CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Alejandro Fabian Martinez for the Construction of a Single-Family Dwelling Located at 5725 Kilpatrick Avenue in the Ridglea/Como Neighborhood Empowerment Zone (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Five-Year Tax Abatement Agreement with Alejandro Fabian Martinez for the construction of a single-family dwelling located at 5725 Kilpatrick Avenue in the Ridglea/Como Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. DISCUSSION: Alejandro F bian Martinez (Property Owner) is the owner of the property described as Lots 13 and 14, Block 8p, out of the Chamberlain Arlington Heights Addition, situated in the City of Fort Worth, Tarrant County, Texas and located in the Fort Worth Independent School District as shown by the Deed of Record in Volume 4827, Page 358 of the Deed Records, Tarrant County, Texas, at 5725 Kilpatrick Avenue, Fort Worth, Texas. The property is located within the Ridglea/Como Neighborhood Empowerment Zone (NEZ). The Property Owner plans to invest an estimated amount of$75,000.00 to construct an approximately 1,452 square foot single family residence (Project). The Project will be used as rental property. The Neighborhood Services Department reviewed the application and certified that the Property Owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax Abatement. The NEZ Basic Incentives includes a five-year Municipal Property Tax Abatement on the increased value of improvements to the qualified owner of any new construction or rehabilitation within the NEZ. Upon execution of the Agreement, the total assessed value of the improvements used for calculating municipal property tax will be frozen for a period of five years starting January 2017 at the estimated pre-improvement value as defined by the Tarrant Appraisal District (TAD) in 2015 for the properties as follows: Pre-Improvement TAD Value of Improvements $ 0.00 Pre-Improvement Estimated Value of Land $4,300.00 Total Pre-Improvement Estimated Value 1$4,300.00 The municipal property tax on the improved value of Project after construction is estimated in the http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21857&councildate=1/26/2016[01/30/2016 5:31:50 PM] M&C Review amount of$642.00 per year for a total amount of$3,210.00 over the five-year period. However, this estimate may differ from the actual tax abatement value, which will be calculated based on the Tarrant Appraisal District appraised value of the property. In the event of a sale of this property, the Tax Abatement Agreement may be assigned to a new owner's first mortgage or a new owner as rental property. All other assignments must be approved by the City Council. This property is located in COUNCIL DISTRICT 3, Mapsco 74R. This M&C does not require approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that approval of the above recommendations will have no material effect on the Fiscal Year 2016 Budget. While no current year impact is anticipated from this action, upon approval, reduced revenues will be included in the long-term forecast associated with years 2017-2021. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year I (Chartfield 2) Submitted for City Manager's Office by Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Sarah Odle (7316) ATTACHMENTS Elevations.pdf Map 5725 Kilpatrick.pdf http://apps.cfwnet.org/council_packet/mc_revieNv.asp?ID=21857&councildate=1/26/2016[01/30/2016 5:31:50 PM]