HomeMy WebLinkAboutContract 57139 h PR
J-)�X ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
crryor EMPOWERMENT ZONE
CI1yS CCpE7q ,frr'y
4809 Miler 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 WAFA BUSINESS, LLC-MILLER AVE, ("Owner") of property located at 4809
Miler Avenue, Block 7, Lots 2 and 3, Couch Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the Plat thereof recorded in Volume 388-G, Page 3, Plat Records,
Tarrant County.
The City Council of the City of Fort Worth ("City CounciP') 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.1R
through 6R" City of Fort Worth, Texas (the "Zones") and adopted Resolution No. 5042
establishing "Designation of the Neighborhood Empowerment Zone Areas One through Six" (the
"NEZ").
B. Owner owns certain real property located entirely within Zone 6R and that is more
particularly described in Exhibit "l", 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 July 7, 2021, Owner submitted an application for tax abatement to the City
concerning the Premises (the "Application"), attached hereto as Exhibit "2" and hereby made a
part of this Agreement for all purposes. r
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
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:
OBI CIAL RECORD
MY SECRETARY
FT. WORTH,TX
Page 1 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
L OWNER'S COVENANTS.
1.1. Real Property Improvements.
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements consisting of an interior and exterior remodel of an existing commercial
building of approximately 4,300 total square feet for use as an a Shopping Center with office,
restaurant and retail space and having Construction Costs, excluding land, upon completion of
$457,000.00 including site development costs (collectively, the "Required Improvements")
but such Construction Costs shall be reduced by any construction cost savings. The type,
number and details of the Required Improvements are described in Exhibit "3". After
construction of the Required Improvements is complete Owner shall provide a copy of the
final construction invoices to City. The invoices shall then be attached and made a part of this
Agreement and shall be labeled Exhibit"4". Minor variations, and more substantial variations
if approved in writing by both of the parties to this Agreement, in the Required Improvements
from the description provided in Exhibit "3" 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
Exhibit"3".
1.2. Construction Costs.
"Construction Costs" shall mean site development costs (including demolition and
environmental abatement), hard construction costs; contractor fees; engineering fees;
architectural fees; design and consulting fees; and development fee and permitting fees
expended by Owner directly in connection with construction of the Required Improvements.
The City recognizes that Owner will request bids and proposals from various contractors in
order to obtain the lowest reasonable price for the cost of the Required Improvements. In
the event that bids and proposals for the Required Improvements are below $457,000.00 in
Construction Costs for work substantially the same as that provided in Exhibit "3" and
otherwise described in this Agreement, the City will meet with Owner to negotiate in good
faith an amendment to this Agreement so that Owner is not in default for its failure to
expend at least $457,000.00 in Construction Costs, with the understanding that the City's
staff will recommend, but cannot guarantee, approval of such amendment by the City
Council. The final site plan shall be in substantially the same form as the site plan submitted
and attached as Exhibit "3". Minor variations, and more substantial variations if approved
in writing by both parties to this Agreement, in the Required Improvements from the
description provided in the Application for Tax Abatement shall not constitute an Event of
Default, as defined in Section 4.1, provided that the conditions in the first sentence of this
Section 1.1 are met and the Required Improvements are used for the purposes and in the
manner described in Exhibit 1131'
.
1.3. Completion Date of Required Improvements.
Owner covenants to complete construction of all of the Required Improvements by
January 11, 2024, (the "Completion Deadline"). The abatement will automatically terminate
two years after Council approval if the Required Improvements are not complete. The
Required Improvements shall be deemed complete upon the issuance of a final certificate of
Page 2 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
occupancy for the Required Improvements by the Development Services Department. If the
Owner fails to expend at least Four Hundred Fifty Seven Thousand Dollars ($457,000.00) in
Construction Costs for the Required Improvements by the Completion Deadline as provided in
Section 1.1 of this agreement; the City shall have the right to terminate this Agreement by
providing written notice to the Owner without further obligation to the Owner hereafter.
1.4. Use of Premises.
Owner covenants that the Required Improvements shall be constructed and the
Premises shall be continuously used as a shopping center with office, restaurant and retail
space, and in accordance with the description of the Project set forth in the Exhibit "Y. 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 real
property tax abatement on the Premises,the Required Improvements, as specifically provided in this
Section 2 ("Abatement"). Abatement of real property taxes only includes City of Fort Worth-
imposed taxes and not taxes from other taxing entities.
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based
upon the increase in value of the Required Improvements over their values as determined
by TAD in December 2021, and this amount is $155,407.00:
One Hundred percent (100%) of the increase in value from the
construction of the Required Improvements.
If the square footage requirement and the appraised value of the Required
Improvements are less than as provided in Section 1.1 of this Agreement, except that
such minimum construction costs shall be reduced by construction cost savings, Owner
shall not be eligible to receive any Abatement under this Agreement.
2.2. Increase in Value.
The abatement shall apply only to taxes on the increase in value of the Premises due
to construction of the Required Improvements and shall not apply to taxes on the land, nor
shall the abatement apply to mineral interests.
Page 3 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
2.3. Abatement Limitation.
Notwithstanding anything that may be interpreted to the contrary in this Agreement,
Owner's Abatement in any given year shall be based on the increase in value of the Required
Improvements over its value in December 2021, up to a maximum of$685,500.00. In other
words,by way of example only, if the increase in value of the Required Improvements over its
value in November 2021, in a given year is $700,000.00, 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$685,500.00.
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. Term.
The term of the Abatement (the "Term") shall begin on January 1 of the year
following the calendar year in which a final certificate of occupancy is issued for the
Required Improvements ("Beginning Date") and, unless sooner terminated as herein
provided, shall end on December 31 immediately preceding the fifth (5th) anniversary of the
Beginning Date.
2.6. Abatement Application Fee.
The City acknowledges receipt from Owner of the required Abatement application fee
of one half of one percent (.5%) of Project's estimated cost, not to exceed $2,000. The
application fee shall not be credited or refunded to any party for any reason.
3. RECORDS,AUDITS AND EVALUATION OF PROJECT.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term
("Compliance Auditing 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. Audits.
The City shall have the right to audit at the City's expense the financial and business
records of Owner that relate to the Project and Abatement terms and conditions
(collectively, the "Records") at any time during the Compliance Auditing Term in order to
determine compliance with this Agreement and to calculate the correct percentage of
Abatement available to Owner. Owner shall make all applicable Records available to the
Page 4 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
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 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. This information shall
include, but not be limited to, the number and dollar amounts of all construction contracts
and subcontracts awarded on the Project.
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 30th 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 Project, or its ad valorem taxes with
respect to the tangible personal property located on the Premises, become delinquent and
Owner does not timely and properly follow the legal procedures for protest and/or contest of
any such ad valorem real property or tangible personal property taxes or (iii) OWNER DOES
NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF
ORDINANCE 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
Page 5 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
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
be difficult or impossible to ascertain. Therefore, upon termination of this Agreement for any
Event of Default, Owner shall not be eligible for the Abatement for the remaining Term and
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. Notwithstanding anything herein to the contrary, damages due under this paragraph
shall be the sole responsibility of Owner or its permitted assignee, as applicable.
4.4. Termination at Will.
If the City and Owner mutually determine that the development or use of the
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.
Page 6of13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
4.5. Sexually oriented Business & Liquor Stores or Package Stores.
a. Owner understands and agrees the City has the right to terminate this
agreement if the Project contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined in City's sole discretion if the Project contains or will contain a
liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Owner may assign this Agreement and all or any portion of the benefits provided hereunder
to WAFA BUSINESS, LLC-MILLER AVE, or an Affiliate without the consent of the City,
provided that (i) prior to or contemporaneously with the effectiveness of such assignment. Owner
provides the City with written notice of such assignment, which notice shall include the name of the
Affiliate and a contact name, address and telephone number, and (ii) the Affiliate agrees in writing
to assume all terms and conditions of Owner under this Agreement. For purposes of this Agreement,
an "Affiliate" means all entities, incorporated or otherwise, under common control with Owner,
controlled by Owner or controlling Owner. For purposes of this definition, "control" means fifty
percent (50%) or more of the ownership determined by either value or vote. Owner may not
otherwise assign this Agreement or any of the benefits provided hereunder to another party without
the consent of the City Council, which consent shall not unreasonably be withheld or delayed,
provided that (i) the City Council finds that the proposed assignee is financially capable of meeting
the terms and conditions of this Agreement and (ii) the proposed assignee agrees in writing to
assume all terms and conditions of Owner under this Agreement. Any attempted assignment
without the City Council's prior written consent shall constitute grounds for termination of this
Agreement and the Abatement granted hereunder following ten (10) calendar days of receipt of
written notice from the City to Owner.
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery:
City: Owner:
City of Fort Worth WAFA BUSINESS, LLC-MILLER AVE
Attn: City Manager Attn: Mohammed Wafayee
200 Texas 7203 Rustic Rock Rd.
Fort Worth, TX 76102 Arlington, TX 76001
and
Neighborhood Services Department
Attn: Director
200 Texas
Fort Worth, TX 76102
Page 7 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
7. MISCELLANEOUS.
7.1. Bonds.
The Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this
Agreement are owned or leased by any member of the City Council, any member of 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. As of January 11, 2022, the City is unaware of any conflicts
between this Agreement and the City's zoning ordinance or other ordinances or regulations.
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be 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 Mayor and
Council Communication No. 22-0011 on January 11, 2022, 2021, which, among other things,
authorized the City Manager to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so
long as the certificate is requested in connection with a bona fide business purpose. The
certificate, which if requested will be addressed to the Owner, shall include, but not
necessarily be limited to, statements that this Agreement is in full force and effect without
default (or if an Event of Default exists, the nature of the Event of Default and curative
action taken and/or necessary to effect a cure), the remaining term of this Agreement, the
levels and remaining term of the Abatement in effect, and such other matters reasonably
requested by the party or parties to receive the certificates.
Page 8 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
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.
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.
(REMAINDER OF PAGE INTENTIONALLY BLANK)
r Page 9 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
CITY OF FORT WORTH: WAFA BUSINESS,LLC-MILLER
AVE
A Texas limited liability company
BY: Gk�--- By:
Fernando Costa Name: Mohammad I. Wafayee
Assistant City Manager Title: Manager
ATTES
By: a
Ci Secretary `
Jannette Goodall
APPROVED AS TO FORM AND LEGALITY:
By:
Melinda Ramos
Sr. Assistant City Attorney
M& C: 22-0011
OFNCIAL F
RECORD
ETARY
TH,
TX
Page 10 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11,2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known 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
,rbr 52022.
Notary Public in and for SELENA ALA
the State of Texas =� ;;,�°+'_Notary Public.State of Texas
Comm. Expires 03-31.2024
Notary ID 132422528
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Mohammad I. Wafayee,
Manager of WAFA BUSINESS, LLC-MILLER AVE, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity therein stated and as the act and deed
of WAFA BUSINESS, LLC-MILLER AVE.
IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2022
Notar blic in and
The State of Texas
SAPAH J ODLE
Notary ID#6215320
N� a My Commission Expires
rfov��' November8, 2023
OFF FOCIAL RECORD
rMY SECRETARY
T WORTH,TX
Page 11 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Project description
Exhibit 4: Final Construction Invoices (to be attached after construction)
Page 12 of 13
NEZ Tax Abatement with WAFA BUSINESS, LLC-MILLER AVE, 4809 Miler Avenue
Approved by M&C 22-0011, January 11, 2022
Exhibit 1
Property Description
4809 Miler Avenue, Block 7, Lots 2 and 3, Couch Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-G, Page 3, Plat
Records, Tarrant County.
Exhibit 2
ORT WORTH.
Application# NZ21-01105
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Incentives
Property r 1
Owner/Developer VIA--F—A ?�,o s i tX,55 U..-c-, Ave,
Address: �2 0� �V-5'1"i t; �L'�, ROAD ArJtf14�11)+ `� -7 C0 i
Street Address City t State Zip
Phone: C?"" r Email: �/ y lt�!l i'S Q_y Q Y)Q Q L66)
Contact: { c P1 i I �. ))er 1z
(If different) Last First rM.L
Phone: V�b ll- 7-90-9 7 5+ Email: E)CA!i �. �"�r atJ�
° aI M. e e r, ;;y;'-,re.,,a.'u}f�—;yfi7,,,,r.�•�L
NEZ certifications are project and owner specific.Please describe your project:
Existing car wash with bays will be remodeled into a Commerical building with 5 tenants
Project Type
❑ ❑ ❑ ❑ ❑
Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Use
'Please be advised if theproject address is zoned as a designated historical prope►V(HC)and yourproject consists of new
constracdon or exterior renovadons,approval of your project Is required prior to NEZ application submittal, Written approval fi oni
the Historic and CultardlLandn:arlis Contntission(NCLO must be attached to the NEZ application. For questions or furilter
Information concerns((: historic rojecis,please'contact the HCLC at(817) 92-8000*
Project Address: 400�( i I, VG �:�c' 04k.
Street Address
Legal Description: ., 6 -3 t V�'1." nD t`'r'I
Lot T Block Addition
f YES NO YES NO
N�ew�Construction/Addition: ❑ Remodel/Rehab: ❑ ❑
Total Now-Sq.Ft. 4, �U� Total Development Cost:
For a single family project,will the NEZ certified property be occupied by YES NO
the property owner as a primary residence? ❑ ❑
If you selected No,please specify If this property will be sold to a homeowner as a primary residence or used as rental
property.
If your project is Commercla r Minced Use project,please list
/Jall
`spell ses tl;at are being proposed:
fie- 1"1'.•�`"�a �. e.i�
i
YES NO
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 Tort Worth Neighborhood Services Department at(817)392.7316 or
visit http://fortworthtexas.govhyeiahborlioods/NEZ/for additional information.Tax Abatements are processed after NEZ project
certification and must go before the City Council for a vote.House Sill 3143 tools effect on September 1,2019,which
requires at least 30 days advance notice be given of the tax abatement.Due to compliance with RB 3143,the minimum time
to process a tax abatement to be on the City Council agenda for vote is 12 to 14 weeks after the date of certification.
Applicants reasesdng tdx abatement may not submit for a building permit until the abatement has beer:approved by the City
Council and the applicant has signed a contract._
Rovised 10110110 80
FORT WORTH.
I# Application# NZ21-oleos
City of Fort Wortlt
Ncigltborhood Enipowerment Zone (NEZ) Application for Incentives
YUS NO
Do you n•Ish to apply for a release of NEZ Policy eligible City liens? ❑ X
Weed,Paving,Demolition and Board Ilp/Open Structure liens may he released for qualifying projects.
YES NO
Will a Zoning Change application be necessary for this project? (� �j� ❑ �
Current Zoning: \, E— II Use"i I � ,
Signature of 7nming Staff.-
vtpv
n
Date; 1
PLE SE 'I A H ST TEI1 ENT
I understand that my APPItcationuill no be processed if it iS Incomplete.i agree to provide any additional information
for determining eligibility as requested by the City.If the additional information Is not submitted within 30 days,the application
will be denied and application toes paid will not be reimbursed.
L2 I het'eby cerdf),thin the information•provided is tn►e and accurate to The best of lily knowledge.
/I'1 u J I hereby cenity that till documents and Information required by the Application Subnidttal Checklist is attached.
r `...,1 I hereby acknowledge that I have road the NEZ Basic Incentives and Tax Abatement Policy,which governs the granting
or tax abatements,ice waivers and release of City liens,and that any VIOLA PION of the terms of the N L•'Z Basic lnccntivcs
Or MISREPRESENTATION shall constitute grounds for rejection of an application or termination of incentives at the
discretion of the City.
JLL W 1 understand that the approval of fee.waivers and other incentives shall not be deemed to be approval of ally aspect o
rite project, I understand thut I all,responsible for obtaining required permits and inspections from the City and in ensuring the
p o'ect is tocatcd in the correct zoning district.
I understand that if there are taxes due or liens against any property I own In the City of'Fort Worth 1 may not be
eligible I)'or NRZ ineetttives,
�-("UE herahy certify that the project plans submitted with this application meet the V UZ desi
listed below or meet •c c� 'c Pia �rl a i) r•• •Ill. 11/Ib .c bn guideline requirements as
orrr/brat/a,,t�„ F7 t,uhyrr c, [understand that if thu project plans do oar arced these design requirements.all permits will be
r" r Slr� S'� n-ens r
Put on hood pending aivccby ti If 1 choose to relinquish ntY NCZ certification instaad of moetinu rho design requirements.
Payment for 811111008 waived by the City up to that point will be dais itntnedlately and the building permit will not be issued until
Payment is made.
A.No metal bullclings except for htdustrial projects.b•All new construction projects must contain 70%masonry product
u.Exceptions io the masonry product will be,made nt the City's discrotion for design district overly
and approved planned dovclopntont projects.d•Gomplianoc with NEZ design )s(where applicable)
s requincs 1'or Council adopted N6Z Stttuet�ic Plana i[ierryhill+Vinson Hci�,
Oakland Corners and Slop Six)is recruited for Colication.
c,Attached garages for new single family homes tray not extend more than 4 feet its,
I understand that I trust pay all associated Coos at the tithe o past the front building tv;tll.
din permits prior to deterrnininlott of NEZ eligibility.This includes setting up nn escrow accoun t
tint SOftte permits stay not be 1Rsucti vh116 T 7,eligi ili y is bcinb esta�l shed Fria tttion and/or permit submittal if! witih to
Abntentent. a ` t with the City.I understand
f /i e Y)2��-,
Ll.(� 'rltl0. ' pplieutiot�that are requesting Tax
PHI led Name of Property <
Uwner/De'
Selo eta Slgnahn'e of rupet•iy 1
Utvner/De 'elo Ter I)tlte
RevReU fOlIB/18$0
Exhibit 3
Project Description
Full interior and exterior remodel.
Interior:
-Demo the interior including removing existing plumbing and electrical.
-Divide building into 5 individual lease spaces each with a restroom and storage closet.
-Install new plumbing, HVAC and electrical for entire building.
Exterior:
-Repair exterior damage and remove garage style doors and boarding.
-Install exterior glass doors and windows for each space.
-Replace exterior with stone and brick and paint exterior.
City of Fort Worth, Texas
Mayor and council Communication
DATE: 01/11/22 M&C FILE NUMBER: M&C 22-0011
LOG NAME: 19NEZ4809MILLERAVE
SUBJECT
(CD 5)Authorize Execution of a Five-Year Tax Abatement Agreement with WAFA Business,LLC-Miller Ave for the Rehabilitation of a Car Wash
for Use as a Shopping Center with Office,Retail and Restaurant Space,with a Total of Approximately 4,300 Square Feet, Having a Cost of at
Least$457,000.00 on Property Located at 4809 Miller Avenue in Neighborhood Empowerment Zone and Reinvestment Zone Area Six
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Five-Year Tax Abatement Agreement with WAFA Business, LLC-Miller Ave for the rehabilitation of a car wash
for use as a shopping center with office,retail and restaurant space,with a total of approximately 4,300 square feet,having a cost of at
least$457,000.00 on property located at 4809 Miller Avenue in Neighborhood Empowerment Zone and Reinvestment Zone Area Six;and
2. Find that the terms of,and the property subject to,the Tax Abatement Agreement meet the criteria and guidelines set forth in Neighborhood
Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
WAFA Business, LLC-Miller Ave(Property Owner)is the owner of the property described as Block 7, Lots 2 and 3,J.T.Couch Addition,an
addition to the City of Fort Worth,Tarrant County,Texas according to the plat recorded in Volume 388-G,Page 3, Plat Records,Tarrant County,
Texas at 4809 Miller Avenue,Fort Worth,Texas.The property is located within the Echo Heights neighborhood and Neighborhood Empowerment
Zone Area Six(NEZ).
The Property Owner plans to invest an estimated amount of$457,000.00 for the rehabilitation of a car wash into an approximately 4,300 square
foot shopping center with office,retail and restaurant space(Project).The Neighborhood Services Department reviewed the application and
certified that the Property Owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax Abatement.The NEZ Basic
Incentives include a five-year Municipal Property Tax Abatement on the increased value of improvements to the qualified owner of any new
construction or rehabilitation within the NEZ.
Upon execution of the Agreement,the total assessed value of the improvements used for calculating municipal property tax will be frozen for a
period of five years starting January 2022 at the estimated pre-improvement value,as defined by the Tarrant Appraisal District(TAD)in 2021,as
follows:
Pre-Improvement TAD Value of
Improvements $155,407.00
Pre-Improvement Estimated Value of
Land $21,545.00
Total Pre-Improvement Estimated
Value L$176,952.00
The municipal property tax on the improved value of the Project after completion is estimated to be$3,347.53 per year for a total amount of
$16,737.65 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.
The Tax Abatement Agreement may be assigned to an affiliate of the property owner without the consent of the City Council.If the property is sold
to a new owner,other than an affiliate,the Agreement may be assigned only with City Council approval and provided that the new owner meets all
of the eligibility criteria as stated in the NEZ Tax Abatement Policy and Basic Incentives.
This property is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the Tax Abatement Agreement,a loss of an estimated$16,737.65 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 bv: Fernando Costa 6122
Originating Business unit Head• Victor Turner 8187
Additional Information Contact: Sarah Odle 7316
•• g
—
lot
� o
two
ow m %
�g
w
�a
z�A �
�B
m
i
ai
i
w �
I
a
i a
r a'
o
a —
a �
p� N
O Im