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HomeMy WebLinkAboutContract 54037 FO RTWO RT H ��� EAR1(s SEC Aro p3 d1C l Iov �bR NEIGHBORHOOD EMPOWERMENT ZONE TAX ABATEMENT AGREEMENT New construction single-family-owner 2908 Sarah Jane Lane This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under the laws of the State of Texas and acting by and through David Cooke, its duly authorized City Manager, in accordance with the authority granted under Chapter 378 of the Texas Local Government Code,and Beanida Garza,owner of property located 2908 Sarah Jane Lane, Lot 6A, Peaceful Acres Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Deed recorded in Volume 10887, Page 20677, 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. On January 29, 2019 the Fort Worth City Council adopted Ordinance No. 23552 (the "Ordinance") establishing "Neighborhood Empowerment Reinvestment Zones No.111 through 611" City of Fort Worth, Texas (the "Zones") and adopted Resolution No. 5042 establishing "Designation of the Neighborhood Empowerment Zone Areas One through Six" (the "NEZ"). B. Owner owns certain real property located entirely within Zone 6R and that is more particularly described in Exhibit"I", attached hereto and hereby made a part of this Agreement for all purposes (the "Premises"). C. Owner or its assigns plan to construct the Required Improvements, as defined in Section 1.1 of this Agreement, on the Premises (the "Project"). D. On November 8, 2019, Owner submitted an application for tax abatement to the City concerning the Premises (the "Application"), attached hereto as Exhibit "2" and hereby made a part of this Agreement for all purposes. E. The contemplated use of the Premises, the Required Improvements and the terms of this Agreement are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the NEZ Incentives,the Ordinance and other applicable laws,ordinances, rules and regulations. F. Written notice that the City intends to enter into this Agreement, along with a copy of this Agreement,has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located. Page 1 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 ADDroved:Mav 19.2020 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 Properly Improvements. Owner shall construct, or cause to be constructed, on and within the Premises certain improvements consisting of a single-family residence, of approximately 1,821 square feet in size and built to the specifications listed in Exhibit "3", (collectively the "Required Improvements"). 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 provided in the Application for Tax Abatement shall not constitute an Event of Default, as defined in Section 4.1, provided that the conditions in the first sentence of this Section 1.1 are met and the Required Improvements are used for the purposes and in the manner described in Section 1.3. 1.2. Completion Date of Required Improvements. Owner certifies that the Required Improvements will be completed within two years from the date of Council approval. The abatement will automatically terminate two years after Council approval if a building permit has not been pulled and a foundation has not been poured, unless delayed because of force majeure, in which case the two years shall be extended by the number of days comprising the specific force majeure. For purposes of this Agreement, force majeure shall mean an event beyond Owner's reasonable control as determined by the City of Fort Worth in its sole discretion, which shall not be unreasonably withheld,including, without limitation, delays caused by adverse weather, delays in receipt of any required permits or approvals from any governmental authority, acts of God, or fires. Force majeure shall not include construction delays caused due to purely financial matters, such as, without limitation, delays in the obtaining of adequate financing. 1.3. Use of Premises. Owner covenants that the Required Improvements shall be constructed and continuously used as the primary residence of the Home Owner in accordance with the NEZ Incentives. In addition,Owner covenants that throughout the Term,the Required Improvements shall be maintained for the purposes set forth in this Agreement. 2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS. Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required Improvements, as specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing entities. Page 2 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 Aooroved: Mav 19.2020 2.1. Amount of Abatement. The actual amount of the Abatement granted under this Agreement shall be based upon the increase in value of the Premises due to the Required Improvements, over its value as determined by Tarrant Appraisal District in June 2019, and this amount is $0.00. If the square footage requirement of the Required Improvements are less than as provided in Section 1.1 of this Agreement, Owner shall not be eligible to receive any Abatement under this Agreement. 2.2 Increase in Value. The Abatement shall be 100% of the increase in value from the construction of the Required Improvements up to a maximum of$218,583.00 and shall apply only to taxes on the increase in value of the Premises due to construction of the Required Improvements. In other words, by way of example only, if the increase in value of the Required Improvements over its value in January 2020, in a given year is $218,000.00, Owner's Abatement for that tax year shall be capped and calculated as if the appraised value of the Required Improvements for that year had only been $218,583.00. The Abatement shall not apply to taxes on the land,nor shall the abatement apply to mineral interests. 2.3. Term of Abatement. The term of the Abatement ( "Term") shall begin on January 1 of the year following the calendar year in which the Required Improvement is completed ('Beginning Date") and, unless sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth(5t`) anniversary of the Beginning Date. 2.4 Protests Over Annraisals 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. Page 3 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 Approved:Mav 19.2020 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 its primary residence (collectively, the "Records") at any time during the Compliance Auditing Term in order to determine compliance with this Agreement. Owner shall make all applicable Records available to the City on the Premises or at another location in the City following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. 3.3 Provision of Information. On or before March 1 following the end of every year during the Compliance Auditing Term and at any other time if requested by the City, Owner shall provide information and documentation for the previous year that addresses Owner's compliance with each of the terms and conditions of this Agreement for that calendar year. Owner must also provide documentation of compliance to Tarrant Appraisal District (TAD) each year of the abatement by filling out and returning Tax Abatement Form 50-116 from the TAD website no later than April 30t' for each year Owner is requesting tax abatement. Failure to provide all information within the control of Owner required by this Section 3.3 shall constitute an Event of Default, as defined in Section 4.1. 3.4 Determination of Compliance. On or before August 1 of each year during the Compliance Auditing Term,the City shall make a decision and rule on the actual annual percentage of Abatement available to Owner for the following year of the Term and shall notify Owner of such decision and ruling. The actual percentage of the Abatement granted for a given year of the Term is therefore based upon Owner's compliance with the terms and conditions of this Agreement during the previous year of the Compliance Auditing Term. 4. EVENTS OF DEFAULT. 4.1. Defined. Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem real property taxes with respect to the Premises or the Required Improvements, or its ad valorem taxes with respect to the tangible personal property located on the Premises, become delinquent and Owner does not timely and properly follow the legal procedures for protest and/or contest of any such ad valorem real property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; or (iv) OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH(collectively, each an "Event of Default"). Page 4 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 Arroroved:Mav 19.2020 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 therefrom are speculative in nature and will be difficult or impossible to ascertain. Therefore, upon termination of this Agreement for any Event of Default, Owner shall pay the City, as liquidated damages; all taxes that were abated in accordance with this Agreement for each year when an Event of Default existed and which otherwise would have been paid to the City in the absence of this Agreement. The City and Owner agree that this amount is a reasonable approximation of actual damages that the City will incur as a result of an uncured Event of Default and that this Section 4.3 is intended to provide the City with compensation for actual damages and is not a penalty. This amount may be recovered by the City through adjustments made to Owner's ad valorem property tax appraisal by the appraisal district that has jurisdiction over the Premises. Otherwise, this amount shall be due, owing and paid to the City within sixty (60) days following the effective date of termination of this Agreement. In the event that all or any portion of this amount is not paid to the City within sixty(60) days following the effective date of termination of this Agreement, Owner shall also be liable for all penalties and interest on any outstanding amount at the statutory rate for delinquent taxes, as determined by the Code at the time of the payment of such penalties and interest (currently, Section 33.01 of the Code). 4.4. Termination at Will. If the City and Owner mutually determine that the development or use of the Premises or the anticipated Required Improvements are no longer appropriate or feasible,or that a higher or better use is preferable, the City and Owner may terminate this Agreement in a written format that is signed by both parties. In this event, (i) if the Term has commenced, the Term shall expire as of the effective date of the termination of this Agreement; (ii) there shall be no recapture of any taxes previously abated; and (iii) neither party shall have any further rights or obligations hereunder. 4.5 Sexually oriented business & Liquor Stores or Package Stores. a. Owner understands and agrees that the City has the right to terminate this agreement if the Required Improvements contains or will contain a sexually oriented business. Page 5 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 Abbroved:Mav 19.2020 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 (ii) the proposed purchaser agrees in writing to assume all terms and conditions of Owner under this Agreement. Owner may not otherwise assign, lease or convey any of its rights under this Agreement. Any attempted assignment without the City Council's prior consent shall constitute grounds for termination of this Agreement and the Abatement granted hereunder following ten(10) calendar days of receipt of written notice from the City to Owner. Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required Improvements as its primary residence or the homeowner's mortgagee, Owner shall have no further obligations or duties under this Agreement. In addition, upon assignment to any other entity with the written consent of City Council,Owner shall have no further duty or obligation under this Agreement. IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT OF A SALE OR ASSIGNMENT. THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS AGREEMENT WITH THE NEW OWNER WITHIN 60 DAYS OF THE TRANSFER OF OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY. 6. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing,by certified mail,postage prepaid, or by hand delivery: City: Owner: City of Fort Worth Beanida Garza Attn: City Manager 505 Sandell Dr. 200 Texas Street Fort Worth, Texas 76108 Fort Worth, Texas 76102 and Neighborhood Services Department Attn: Director 200 Texas Street Fort Worth, Texas 76102 Page 6 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 AUUroved:Mav 19.2020 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. 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. Cily Council Authorization. This Agreement was authorized by the City Council through approval of Mayor and Council Communication No. 20-0162 on May 19, 2020, which, among other things, authorized the City Manager to execute this Agreement on behalf of the City. 7.6. Estonncl Ccrtificatc. 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. Owncr 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. Page 7 NEZ Tax Abatement Agreement -Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 ADDroved:Mav 19.2020 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 shall not be amended unless executed in writing by both parties and approved by the City Council. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Page 8 NEZ Tax Abatement Agreement -Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 Ar)Droved:Mav 19.2020 CITY OF FORT WORTH: OWNER: By: TB�.....L By: &,;,��, Y, �Z e�2�— Fernando Costa Beanida Garza Assistant City Manager FOR , O. O ATTEST: By. ary Kayse ;... City Secretary APPROVED AS TO FORM AND LEGALITY: "'i "q/ By: Melinda Ramos Sr. Assistant City Attorney M&C: 20-0162 Date Approved: May 19, 2020 EFTWORTH, CORD Page 9 TARY NEZ Tax Abatement Agreement-Beanida Garza TX 2908 Sarah Jane Lane M&C 20-0162 Approved:May 19,2020 STATE OF TEXAS § COUNTY OFARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. G N UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. J ; MARIAS.SANCHEZ Nota Public in and for the State of Texas 'R My Notary ID#2256490 Expires December 19,2021 STATE OF TEXAS § COUNTY OFARRANT § BEFORE ME,the undersigned authority, on this day personally appeared Beanida Galza, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration the ein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this fday of 2020. Notary Pub is in and for CAROLYN HILTBRUNNER the State of Texas o�P�v aUB�,� NOTARY PUBLIC 2 * STATE OF TEXAS * ID#698872-6 �T.4 ov tE{P MY COMM.Expires 11-20-2020 RD Page 10 C'UTY SECRETARY NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane FT WORTH,TX M&C 20-0162 Approved:May 19,2020 Exhibit 1: Property Description Exhibit 2: Application: (NEZ) Incentives and Tax Abatement Exhibit 3: Required Improvements description Page 11 NEZ Tax Abatement Agreement-Beanida Garza 2908 Sarah Jane Lane M&C 20-0162 Aonroved:Mav 19.2020 r Exhibit 1 Property Description 2908 Sarah Jane Lane, Lot 6A, Peaceful Acres Addition, an Addition to the City of Fort Worth, Tarrant County,Texas,according to the Deed recorded in Volume 10887,Page 20677,of the Deed Records of Tarrant County, Texas. FORT WORTH. Exhibit 2 Ispplication# City of Fort Worth Neighborhood Empowerment Zone (NEZ)Application for Incentives Applicant Information Property OwnerlDeveloper Garza 2,oanida Last Firsr M.I. Address: 505 Sandell Or. TY, 76108 Street Addrerr Ci1)? State zip Phone: 817- r-2aM Email: RndrQr@Qmaif.eom Contact: (if diereno Lost First MI Phone: Project Information NEZ certifications are project and owner specific.Please describe your project: Project Type y ❑ ❑ ❑ ❑ ❑ Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Use *Please be advised if the projerr address is toned as a drsigtroted lristorirai propfrt}+(RC}and your projeel eonsists of new ,construction or exterior renovations,approval ofyour project it required priorto NZZappllcarian submirraL Wrimteri approval from the Hismaricand Cultural Landmarks Commission(ir1CLCJ must be atmched le the IVEZ armlicarian. For questionsorfurther information concerning hietotic prnjecri�please renratr thn HCLCar(91;}342-8000* Project Address: 2Q08 Sarah Imp In, End Worth TX 7-6119 Street Address Legal Description: LOT Block 4dditiau YES NO Q NO New Construction/Addition: ❑ Remodel I Rehab: Total New Sq.Ft. 2,761 S2 Ff Total Development Cost: 4190,500 _ For a single family project,will the NEZ certified property be occupied.by YES NO the property owner as a primary residence? [V ❑ lr 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: Incentives Do you wish to apply for a Municipal Property Tax abatement for this project? } ❑ If the above answer is yes,please contact the City of Fort Worth Neighborhood Services Department at(8I7)392-7316 or visit for additional information.Tax Ahatements are processed after NEZ project certification and must go before the City Council for a vote.House Bill 3143 took effect on September I,2019,which requires at least 38 days advance notice be given of the tax abatenwat.Due to compliance with HH 3143,the minimum time to process a tax nbateruent to he on the City Council agenda for vote is 12 to 14 weeks after the bats of certifcatian. Applicants reauestinr tux abatement mrar not submmr it fur a buihtfne perode untif the abatement has been approved br the City Cauufi1 and rile ayptrca►rr btr=s sjraedrm crrnrract: Rwb�a101'�drt83(r FOR . Applicationfl City of Fort Worth Neighborhood Empowerment Zone(NEZ)Application for Incentives YES NO J Do you wish to apply for a release of NEZ Policy eligible City liens? ❑ L� Weed.Paving,Dcrnolition and Board Up/Open Structure liens may be released for qualifying projects. For ■ ■ ITS kU Will s Zoning Change appllcation be ncct=ry for this project? ❑ Current Zoning: /Proposed Use, -ItSignAtUrc of LoningStaff � / Date: / f Acknowled ements PLEASE INIT1Al.NE.\Y7OE1CN 5TATEMEN'117 -.BG_1 understand that my application well not be processed i fit is incoinplere.I a¢ree to provide any additional inforrttation for determining cligibitity as requested by the City.IMe additional information is not submitted within 30 days,the applicii ion will be denied and application fees paid will not be reimbursed. -eQ,I hereby certify that the information provided is true and accurate to the best of my knowledge. _e_g_I hereby certify that all documents and information required by the Application Submittal Checklist is attached. _BG_I herebyacknowiccige that I have rend theNEZ Ba;ie Incentives and lac Abatement Policy.which governs the granting of tax abatements.fee waivers and release of City liens,and that any VIOLATION of the lernu of the NEZ Basic lnccnfivcs or MISREPRESENTATION shall constitute grounds for rejection of an application or tennination of incentives at the discretion ofthe City, M I understand that the approval of fec waivers and other incentives shall not be deemed to be approval of any aspect of the project, 1 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, .tom I understand that if There arc taxes due or liens against any property 1 own in the City of Fort Worth I may not be eligible for NEZ incentives, gG I hereby certify that the project plans submitted with Ibis application meet the NEZ design guideline requirements as listed below or meet Strweelc PGnt euidethrer far the 8err3hiMMown Heierris. Oakland Coraere and Srou Sty areav as oudined an fhr NEZ rrelmarr i undcmand that if the project plans do not meet these design requirements:all pennits+gill be put on hold pending correction.If t choose to relinquish my NEZ ccnification instead of meeting the design requiremnis. payment for all ices walycd by the City up to that point will be due immediately and the building pemtil will not be issued until payment is made. a.No metal buildings except for industrial projects. b.Atl nmv construction projects must contain 70%masonry product c.Exxcptiuns re the masonry product will be made at the City'sdiscredon for design district overlays(where appligble) and approved planned development projects. d.Cornpliance with NEZ design guidelines for Council adapted NEZ Strategic Plans (Berryhill/Mason Heights, Oakland Comers and Stop Sit)is rcquircd for certification, c.Altached 9ara94:5 fornew single family homes may not extend more than 4 foci past the front buildingwall. 1 understand that I must pay all assaeinted fees at the time ofprolcct application and/or permit submittal if I wish to submirpemtits prior to determination of NEZ eligibility.This includes setting up an escrow account with the City.I understand that some purtrtiii may not be issued while NEZ eligibility is being cstablbs CEL Example:Applications that are rcquestingTa_x Abatement. BeaNda Garza Printed Name ar Property Signature of Property Date Ow•ner1D¢veloper OtirncrJDcveloner Rer■ya t■F VFr so Exhibit 3 Pro.lect Description New Construction of a single family residence • 1,821 square feet living space • Istory • 4 bedroom, 3 bath • Covered Front and Back Patio • Living room • Kitchen • Attached 2 Car Garage • Fireplace • Utility Room • Brick and Stucco Exterior City of Fort Worth- File#: M&C 20-0162 1 Sign In Home Legislation Calendar City Council Departments ©.A lid Share,{w RSS rk:Aler s 1 Details Reports File #: M&C 20-0162 Version: 1 Name: Type: Award of Contract- Report of CM Status: Passed File created: 3/12/2020 In control: CITY COUNCIL On agenda: 4/7/2020 Final action: 5/19/2020 Authorize Execution of a Five-Year Tax Abatement Agreement with Beanida Garza for the Construction of a Single-Family Dwelling of Approximately 1,821-Square Feet and Title: Having a Cost of at Least $190,150.00 on Property Located at 2908 Sarah Jane Lane in the Glencrest Neighborhood and Neighborhood Empowerment Zone and Reinvestment Zone Area Six (COUNCIL DISTRICT 8) (Continued from a Previous Week) Attachments: 1. M&C 20-0162, 2. 2908 Sarah Jane Ln Map for Council.pdf, 3. Elevations aid Floor Plan.pdf History(2) Text 2 records Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 5/19/2020 1 CITY COUNCIL Approved Action details Meeting details 101 Video 4/7/2020 1 CITY COUNCIL Continued Action details Meeting details q'Video https:Hfortworthgov.legistar.com/LegislationDetail.aspx?ID=43933 76&GUID=EF4F4FA4... 6/12/2020 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/07/20 M&C FILE NUMBER: M&C 20-0162 LOG NAME: 19NEZ2908SARAHJAN ELAN E SUBJECT Authorize Execution of a Five-Year Tax Abatement Agreement with Beanida Garza for the Construction of a Single-Family Dwelling of Approximately 1,821-Square Feet and Having a Cost of at Least$190,150.00 on Property Located at 2908 Sarah Jane Lane in the Glencrest Neighborhood and Neighborhood Empowerment Zone and Reinvestment Zone Area Six(COUNCIL DISTRICT 8)(Continued from a Previous Week) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Five-Year Tax Abatement Agreement with Beanida Garza for the construction of a single-family dwelling of approximately 1,821 square feet and having a cost of at least$190,150.00 on property located at 2908 Sarah Jane Lane in the Glencrest Neighborhood and Neighborhood Empowerment Zone and Reinvestment Zone Area Six, in accordance with the Neighborhood Empowerment Zone Basic Incentives and Tax Abatement Policy. DISCUSSION: Beanida Garza(Property Owner)is the owner of the property described as Lot 6A, Peaceful Acres Addition,an Addition to the City of Fort Worth, Tarrant County,Texas,according to the Deed recorded in Volume 10887, Page 2067, Deed Records,Tarrant County,Texas,at 2908 Sarah Jane Lane, Fort Worth,Texas.The property is located in the Glencrest neighborhood and within Neighborhood Empowerment Zone(NEZ)Area Six. The Property Owner plans to invest an estimated amount of$190,150.00 to construct an approximately 1,821 square foot single-family residence (Project).The Project will be used as the homeowner's primary residence. The Neighborhood Services Department reviewed the application and certified that the Property Owners 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 2021 at the estimated pre-improvement value as defined by the Tarrant Appraisal District(TAD)in December 2019 for the property as follows: Pre-Improvement TAD Value of Improvements$0.00 Pre-Improvement Estimated Value of Land $10,000.00' Fotal -improvement Estimated Value $10,000.00 The municipal property tax on the improved value of the Project after construction is estimated in the amount of$1,421.37 per year for a total amount of$7,106.85 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 a primary residence.All other assignments must be approved by the City Council. This property is located in COUNCIL DISTRICT 8. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the Tax Abatement Agreement,a loss of an estimated$7,106.85 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: VictorTumer 8187 Additional Information Contact: Sarah Odle 7316