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HomeMy WebLinkAboutContract 28113��°r�r ���'����i�� I � STATE OF TEXAS § �������� � . _.. .. _._ _ . COUNTY �F TARRANT § ., , , �. TAX ABATEMENT AGREEMEI�TT FOR PROPERTY LOCATED TN A NEIGHSORH04D EMPOWERIYj�NT ZONE This TAX ABATEMENT AGREEMENT ("Agreexr�ent") is �ntered into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corgaration organized under the laws of the Staie of Texas and acting by and through , IC5 duly authorized Assistant City Manager, and the Fort Worth Housing Finance Carporatian, a non-profit housing development corporaiion, ("�wner"), acting by and through Jerome Walker, its duly authorized Owners' Representative. The City Co�ncil of the City of Fort Worth ("City Council") hereby finds and tlte City and Owner h�reby agree that the following statements are true and correct and eonstitute t�e �asis upon which the City and Owner have entered into this Agreement: A. Chapter 378 of the Texas Lc�cal Government Code allows a murucipality to create a Neighborhood Empowerment Zone {NEZ) if the nzunicipality determines that the creation of the �one would promote: 1. The creation of affordable ho�sing, including manufactured hausing in the zone; . � 2. An increase in ecanamic development in the zone; 3. An incr�ase in the quality of social services, education, or public safety provided to residents af the zone; or 4. The rehabilitation of affordable kio�sing in the zone. • B. Chapter 378 of the Texas Local Government Code pzovides that a municipa]ity that creates a NEZ, may enter into agreements abating municipal property taxes on property in the zone. � C. On July 31, 20D1, the Ciky adopted basic incenti�es for property owners who own propezky lacated in a NEZ, stating tk�at the City elects to be eligible to participate in tax aba�ement and incl�ding guidelines and criteria governing tax abatement agreements entered inta between the City and variaus third parties, titied "NEZ Basic Inceniives" ("NEZ Ineentives"), which is attached hexeto as Exhibit "A" and hereby made a part of this Agreement for a11 purposes. D, The NEZ Incenti�es cantains a�propriate �uidelines and crit�ria governing tax abatement agreements to be entered into by the City as cantemplated by Chapter 312 af the Texas Tax Code, as amended (the "Code"}. . . . : �ryi�����°�� G°����'.:;,;,� ' � �����r��_� �; . i r� ��� . � E. On September 11, 2001, tl�e Fort Worth City Council adopted C}rdinance No. 14767 (the "Ordznance"} esta�lishing "Neighborhood Empowezment Reinvestment Zone No. 1," City o� Fort Worth, Texas (the "Zone"). F. Owner owns certain real property Iocated entirely within the Zone and that is more particuiarly described in Exhibit "B", attached hereto and hexeby made a part of this Agraement for a11 purposes (the "Premises"}. G. Owner or its assigns plan to construct �he Requiz'ed irnprovesnents, as defned in Section 1.1 of this Agreement and as descr�bed in Exhibit "C", on the Premises to be used for as a s�ngle-family r�sidenc� t�at will be owzier accupied. (the "Project"). H, Dn September 28, 2001, Owner subrr�tted an applscatxon for NEZ incenti�es a�d tax abatement to the City cancerning the contemplated use of the Premises {the `sA�piication"), attached hereto as Exhibit "D" and hereby made a part of this Agreement for all p�rposes. I. The City Council finds that the contemplated use of the Premises, .the Required Tmprovements, as defned in 5ection 1.1, and the terms of this Agreement are consistent with encouraging development of the Z4z�e in accordance with the purpases for its creation and are in compliance with the NEZ Incentives, the ' Resolution and other applicable iaws, ordinances, rules and regulations. ,�. The City Couricil fir�ds that the terms of this Agreement, and the Premises and Required Improvernents, satisfy Che eligibility criteria of the NEZ Incentives. K. Written notice that the City intends to ezater into this Agreement, alang with a copy of this Agreemen�, has been furnished in the mann�r prescribed by the Code to the presiding officers of the governing bodies of each of the taxing �nits in which the Premise5 is located. NOW, TIiEREFORE, the City and Owner, for and in considera�ion of the terms and conditians set forth herein, do hereby cantract, co�enant and agz'ee as follaws: 1. OWNER'S C�VENAI�TTS. 1.1. Real Proaertv I�9vements. Owner shall construct, or cause to be constructed, on and within the Premises certain improvements consisting of a single farnily residence, {i) of at Ieast 1,200 square feet in size, and (ii) har�ing a construction cast upon completion of $ b0,000 including site deveiopment eosts �ut such rninimum constructian costs shall be reduced by any construction cost savings (collectively, the "Requir�d Improvements"). �wner shall pro�ide a survey of the cornpleted home shawing Required Irnprovements befor� the hflme is sold. The parties agree tk�at the finaI survey sha11 be a part_�f t�„��.A�ePm�nt a��. � �,' ��i�' ._ ' -1�i � ' � ,�r i � f shall be labeled Exhibit E. Minor variations, and more s�bstantial variations if approved in writing by both af the parties to tl�is Agreament, in t�e Requir•ed Improvements from the description provided in the Application far Tax Abatement shall not constitute an Event of DefauIt, as defined in Section 4.1, provided that the conditians in the first sen�ence of this Section 1.1 are met and the Required Impro�ements are used far the purpas�s and in ihe manner described in Exhibit "D". 1.�. Comnletion Date of Re�uired Imurovements. Owner covenants io substantially complete construction of all af the Required TmprQvements within iwo y�ars from the issuance and receipt of the building permit, unless delayed because of farce majeure, in which case the twa years shall be extended by the number of days comprising ti�e specific force majeure. For purposes of this Agreement, iarce majeur� shall mean an event beyond Owner's r�asonable control, it�ciuding, without limitation, delays caused by adverse weather, delays in receipt of any required permits or appro�als irom any �overnrnental authority, or acts of God, fires, strikes, national disasters, wars, riots and rnaterial or labor restrictions and shortages as deteimined by the City of Fort Worth in its sole discretian, which sha11 no[ be unreasonably w'sthheld, but sha11 not include construction delays caused due ta purely. financial matters, such as, withaut limitation, delays in th� abtaining of adequate financing. 1.3. Use of Premis�s. Owner covenants that the Required Improvements shall be constructed and the Premises st�all be sold so that it is continuously used as the prianary residence of the Hanne Suyer in accordance with the description of the Project set forth in Exhibit "D". In addition, Owner correnants that throughaut the Term, the Required Impravements shall be operated and maintaitned for the purposes set forth in this Agreement and in a manner that is consistent with the general purposes of encouraging development or rede�elopment a� the Zane. 2. �iBATEMENT AMOUNTS, TERM� AND CO�iDI ONS, Subject ta and in accordance with this Agreement, the City hereby gz'ants to Owner a real property tax abatement on the Premises; the Required Improvements, as�specifically pro�ided in . this Section 2("Abatement"). "Abat�ment" oi real property taxes only includes �ity of Fort Worth-imposed taxes and not t�es fram other taacing entities. 21. Amount of Abatement. The actual amount af the Abatement granted under �his Agreement sha11 b� based upon the increase in value of the Premises and the Required Impro�e�nents over their values on January 1, 2002 and according to the Tan'ant Apprajsal i�;strict :this amount is $1,000 the year in which this Agreement was entered inio: � k� 3 ��� ��� • �`',� One Hundred pe;rcent (1Q0%} Qf tl�e increase in value from the construction of the Required Impravements. If the total canstruction costs of the Required Impxovements are less t1�an as provided in Sec�ion 1.1 af this Agreement, except that such minimum construction costs shall be raduced by canstruction cost savings, Owner will not be eligible to receive any Abatement under this Agre�ment. 2.� '�erm of Abatement. The term of the Abaternent (the "Terrn") shall b�egin on JanUary 1 of the year following the caiendar year in which the Required Improvement is sald ta a Home Buyer to be used as its primary residence (`Beginning Date"}_and, unless sooner ternunated as herein provided, shall e�d an iDecember 31 immediately preceding t�e fiith (S`h) anni�ersary of the Beginning Date. Upon the sale to a Home Buyer, City shall certify that the Required Irnprovements have been campleted in satisfaction of the terms of khis Agreement. However, the Compliance Auditing Term will begin on the date this agreerrient is executed and will end on Che expiration date of the Term. 2.3. Proiests Over An�raisals or Assessments. Owner shall have the right to pratest and contest any ar aI1 appraisais or assassments of the Prernises andlor improvements therean. �.4. Abatement Apnlication Fee. The City acknowledges receigt fram Owner of the required Abatement application fee of twenty-fi�ve dollars {$25.OQ}. 3. RECORDS. �,�RTIFICATION AND EVALUATION�F PRO.TECT. 3.1. Inspection of Premises. Betwe�n the execution date of this Agreement and the last day of ti�e Term, at any time during construction of the Required Improvements and following reasanable notice ta Owner, the City 5ha11 have and Owner shall provide access to the Premises in order for the City to inspect the Prernises and evaluate the Required Improvements to ensur� compIiance with the �ierms and conditions o� �his Agreement. . Owner shall cooperate fully with the City during any such inspection andlor evaluat�on. 3.2. Certif�c�,tion . . 4 .;�:'� � �v { � , ���� Property Owner, and Home Buyer once the property is sold, shall certify annually to the Ciiy that it is in complia�ce with eaeh applicable term of this agreement. The City shall have the right to audit at the City's expense the financial and business records of Owner that relate ta trie Construction of the Project and Abatement terms and conditians (collectively, the "Reeards") at any time during the Cornpliance Auditing Term in order tv determine cornpliance with this Agreement and ta calculate the correct percentage of Abatement a�va�ilable to 4wner. Owner shail make all applicable Records available to the City on the Preariises or at anather location in the City following reasonable advance notice by th� City and shall atherwise cooperate fully with the City during any audit. 3.3. P�ovisxon of Informat�ion. On or beforc February 1 foilowing the end af every year during the Compliance Auditing Term and if requested by the City, Owner sha11 provi.de inf�rnaation and dacumentation far the previous year that addresses Owner's compliance with each of the �arms and conditions of this Agreement for that calendar year. , Failure to pravide all informution wr'thfn the cor�tral af 4wraer required hy this Section 3.3 shall canstitute an Event af Default, as defirted in Section 41. 3.4. Determina��pn of Comaliance. On or befQre August 1 af each year during the Compliance Auditing Term, the City sliall make a decisian a�d rule on the actual annual percenta�e of Abatement availab�e ta Owner for the follawing year af the Tezxn and shall notify Owner of such decision and ruling. The actual percentage af tk�e Abatement granted f�r a given year of khe Terin is therefar� based upan Owner's compliance with the terms and canditions af this Agreernent during the previous year of the Compliance Auditing Terlri. 4. EVENTS O�' DEFAULT. 4.1. Deimed. Unless otherwise specified herein, Owner shall be in default of this Agreement if (i) Owner fails to construct the Required Improvem�nts as defined in Sectian 1.1; (ii} ad �alorem real property taxes with respect to the Premises or �he Project, or its ad valorem ta�ces with respeet to the tangible personal property located on the Premises, hecome delinquent and Owner does not timely and properly fallow the legal procedures for protest and/or cantest of any such ad valorem real property ar tangible �ersonai property taxes or (iii) Home Buyer does not use the Premises as primary residence once the abatement begins (collectively, each an "Event of Default"). 4.2. Nc�tice to Cu�e. „ !':;���uU ; �''; �+�f .� 6 �;u. � :r Subject to Section 5, if the City determincs that an Event af Defauit has occurred, the City shalI pro�ide a written notice to Owr�er that describes t�e nature of the Event of Defa�lt. Owner shall have ninety (90} caiendar days fr�m the date af z'eceipt of this � written notice ta fully cure or have cured the Event of Default, If Owner reasonably beiieves that �wner will require additional time to cure the E�ent of Default, Owner shall promptly notify the City in writing, in which case (i) after advising the City Cauncil in an open meeting of Owner's efforts and intent to cure, Qw�er shall have one hundred eighty {180) calendar days from the original date af receipt oi the written notice, or (ii) if Owner reasonably believes that �wner will require rnore than one hundred eighty (180) days to cure the Event of Default, after advising the City Council in an apen rneeting of Owner's efforts and i�tent to cure, such additional time, if ar��r, as may be offered by the City Council in its sole discretian. �.3. Terminatian �or E�ent of Default and Pavment of Lia,u�dated Damaz�es. If an Event of Deiault which is defined in Section 4.1 has nat been �ured within the time frame spacifically allowed under Section 4.2, the City shall have the right to ter�ninate t�is Agreement immecliateiy. Owner acknowledges and agrees that an uneured Event af Default will {i) harm the City's econornic development and redevelopment efforts on the Pre�nises and in �i�e vicinity af the Premises; (ii} require unplanned and expensive additional administrative oversight and invalvement 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 ar impossible to ascertain. Therefare, upon termination of this Agreernent for any Event of Default, �wner shall not be eligible for the Abatement for the remaining Term and Owner shall pay the City, as liquidated darnages, all taxes that were abated in accordance with this Agreem�nt for each year when an Event of Default existed and which otherwisa would have been paid to the City in the absence of this Agreement. The. City and Owner agx'ee that this arnount is a reasonable approx.imation of actuaI darnages that the Ciiy will incur as a result of an uncurcd Event of Defaulk and �hat this Section 4.3 is intended to provide the City with compensation for actuai damages and is not a penalty. This amount may be recovered by the City through adjustrnents made to Owner's ad �alorem property tax apgraisal by the appraisal district that has jurisdiction aver �he Premises. Otherwise, this amount shall be due, awing and paid to the City within sixty (60) days follawing the effecti�� date af terminativn of Chis Agreement. In the e�rent that all or any portion af this amount is not paid to the City wiChin sixty (60) days following the effectivr; date of termination of this Agreement, �wner shali also be liable for all penalties and interest on any outstanding amount at the statutory rate for delinquent taxes, as determined by th� Code at thc� time of the paym�nt of such penalties anc� interest (curren�ly, Section 33.01 �f the Code). 4.4. TerminatKon at Will. If the City and Owner mutually determine that the development or use of the Premises or the anticipated Required rnnprovements are no longer appropriat� or feasible, or thai a higher or batter use is preferable, the City and �wner may termina�e this Agreement in a written farmat that is signed by both parties. In this event, (i) if the Term „uu��u � 6 ll_�� i ��. ; .w� has commenced, the Term shall expire as of the effective date of the termination of this Agreement; (ii) there shall be no reeapture of any taxes previously abated; and (iii} neither party shall have any further rights ar obIigatians hereunder. �. 6: Ci�y: EFFECT OF SALE OF PREMISES. notice from the City to Owner. The Ai�atement granted h�reunder shall vest only in Owner and cannat be assigned. to a new owner of all ar any portion of the Prernises and/or Required Improvements without the prior written consent of the City Council, whicl� consent �shall not be unreasanably withheld provided that (i) the City Council finds that the proposed assignee is financially capable of ine�ting the terms and canciitions of this Agreement and (ii) the proposed purchaser agrees in writing to assume all terms and conditions of Owner under this Agreeme�t. Owner may not o�herwise assign, lease or convey any of its rights under this Agreement. Any attempted assignmenfi without the City Council's prior written cor�sent shall constitute gzaunds for termination of this Agreemern and the Abatement granted hez'eunder fallowing ten {�0) calendar days of receipt of written Yn no event shall the abatement ter�n be extended in the event oi a subsequent sale or a�signment. NOTICES. All written notices called for or required by this Agreement shall be addre�sed to the following, or such other party ar address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: ' Owner: Caty of Fort Warth Attr►: City Manager 1000 Throckmorton Fart Worth, TX 7b102 7. NIISCELL_A_•lyEOUS. i.1. Bonds. Fort Warth Housing Finance Corporation 1000 Tiu�oclm�orton . Fort Worth, Texas 7b102 The Required Tmprovements will not be financed by ta�c increment bonds. This Agreement is subjcct to rights of holders of outsianding bonds of the City. ?.2. Conf�icts of Interest. �,; �� � � !� 7 Neither the Premises nor any of the Required Tmpra�ernents co�ered by this Agreement are owned or leased by any rrrember of the City Council, any rnember of the City Planning or Zoning Commission or any nzember of the governing body of any taxing units in the Zone. 7.3. ContXicts Between Documents. In the event of any conflick between the Ci�y's zoning Qrdinances, or other Ciiy ordinances or regulations, and this Agreem�nt, such ordinances or regu3ations shall cantrol. Tn the e�ent of any conflict between the body of �his Agreernent and Exhibit "D", the bady of this Agreement shall control. 7.4. �ture Application. A po�rtion ar all of the Premises andlor Required Improvements may be eligible for complete or partial exemption from ad valorem taxes as a resuli of existing law or fuiure legislation. This Agreernent shall not be construed as evidenca that such exemptions do not apply to the Premis�s and/or Required Improvements. 7.5. Citv Councii Aathorization. This Agreement was authorized by the City Counci� throu�h approval of Mayor and Council Communication Na. on , which, asnang oiher things, authorized the City Manager ta execute this Agreement on hehalf of the City. 7.6. Estonnel Certi�icate. Any party hereto may request an estoppel certificate from another party here�o so long as the certificate is requested in connection with a bona fide business puxpos�. The certificate, which if requested w�ll be addressed ta the Owner, shall include, but not necessarily be limited to, statements that this Agreement i� in full force and effect without default {or if an EvenC oi D�fault exists, the nat�re of the Event of Default and curati�e action taken andlor necessary ta effe�t a cure), the remaini�g term of this Agreement, the levels and r�maining term af the Abatement in effect, and such other matters reasonably requested by the party or �arties to receive the certificates. 7.7. Owner Standiq�, Ownez' shall be deemed a proper and necessary party in any litigativn q�estioning ar challenging ihe va�idity of this Agreernent ar any of the underlying iar�vs, ordinances, r�solutions or C'sty Cauncil actions authorizing this Agreernent, and Owner shail be entitled to intervene in any such litigation. '�.�. Venue and Jurisdictian. s �� � I� This Agreement shall be canstzued in aceordance with the laws of the State of Texas and applicable ordinances, rules, regulations or palicies of �the City. V�nue for any action under this Agreement shail lie in the State District Court af Tarrant Caunty, Texas. This Agreement is performable in Tarrant County, Texas 7.9. Record�tion. A certifiad copy of this Agreement in recordable fortn sl�all be recorded in the Deed Records of Tarrant County, Texas. 7.10. Severabilit�. If any provision of this Agreement is held to be in�a�id, illegal or unenfarceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. � 711. Headin�s Not Controllin�,. Headings and titles us�d in this Agreement are for reference purposes only ar�d shall not be d�emed a part of this Agreement. 7.12. Entirety of Agreem,��t. This Agreement, including any exlubits attached hereta and any documents i�carparat�d herein by reference, contains the entire understanding and agreement between the City and Owner, their assigns and successors in interest, as to the matters conta�ned herein. Any prior or contemparaneous oraI or written a�reement is hereby declared r�ull 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 appraved by the City Council. This Agraement may be executed i n m�Itiple counterparts, each of which shall be considered an original, but all of �vhich shall eonst�tute ane instrument. _ ; . .... _ , � . �11hi � � 2 b the Cit of Fort Worih EXECUTED this day of �, 200 , y y , Texas. EXECUTED this �day of �e_� 7�H +�•-, �' � �- Finance Corporation. , 2002, by Fart '�Vorth Housing CYTY OF FORT WORTH: FORT WORTH HOi1STNG FINANCE By: i . _ ��� � , Assistant City Manager A'I"�'ES'�: . �' `` � By: � - � - - x r • --- - �ity Secretary . C4RPORATION: � B � � l.�L Jer e C. Walker ATTEST: : .APPROVEI TO FORM AND LEGALITY: By: � Cynthia arcia �-� Assistant City At�orney M&C: � ' ,,, ,�� � lo � �; � ., STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally agpeared �r`� '�2,�7U� , Assistant City� Manager af the CITY OF FORT WORTH, a rnunicipal cor�aoration, krzown to rne to be the person and a�E�icer whose name is subscribed to the foregoing instrument, and acknowledged to me that the sarne was the act af ihe said CITY OF FQRT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perfarm the same by apprapriate Mayor and Council Communication of th� City Gauncil o� the City of Fort Worth and that he executed Che sarne as the act of the said City far the purposes and cansideration thercin expressed and in ti�e capacity therein stated. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE this �day of ����a--fi�-+��v _ _., 2002. ��.e��. =� Notary Public in and for the State af Texas ��'+(Q.S��//.� I�%��N�?S Notary's Printed Narrte a��.�:�R ROS�L�.A BAp�VES � _� �yn i NOTARY PUB�IC ���j� � State of Texas : ����'�Comm. �xp. 03-31-2D05 - . .-_ . ,. .. .-. � ..,. �:� � �. �.� W-. � �v�a� 11 STATE OF TEXAS § COUNTY OF TARRANT ' § BEFORE ME, the und�rsigned authority, on this day personally appeared�e�v�.� �• �i��e�.- � P�,.-� of the Fort Worth Housing Finance Corporation, a Texas non- profit cozpora�ion, kn�wn to me C� be the person whose name is subscribed to the faregoing insirument, and acknowled�ed to me that he executed the sarne for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of the Fort Worth Housi�g Finance CorporaCion. ��x� GNEN LTNDER MY �TAND AND SEAL �F OFFICE this of ����e�•r. ��� , 2002. �.,�.��` Notary Public in and for the 5tate of Texas Notary's Printed Name � -; : , - _�4_�_���.�..-s��� .;., ,. - _ "r� ,• WIL.LIAM F1�Wili' :� �: �- _ MY COMMl5S14N �XPINE5- -,�. ,�; January 27, 2U� „ '�� .. . . . '��'Y: i� �.. , rq � , day , 12 . , Exhibit A: NEZ Incentives Exhibit B: Exhibit C: Exhibit D: Exhibit E: Property Description Praject description including kind, number and iocation of the proposed improvements. Applicakion: (NEZ} Tncentives and Tax Af�atement Final S�rvey ��;,+� �� ��sui� , � {` � ' . � , . ,,, ( 13 .�JC�l3j ! /� CI�'Y O� FORT WORTb N�IGHBOR�IOOD EMPDW�RflR�NT ZON� (N�Z) �ASIC tNC�AITIV�S Adopted by the Fort Worfh Cify Counci! on July 31, 200� (M&C G�93208 RJ Amended by the Fart Warth Cify Gouncil on April 2, 2002 {M&C G-93580�, July 23, 2002 (M&C G-93682} f. C�W��►� PURPOS� API9 OBJECTIV@5 Chapte�' 378 af the Texas Local Government Cflde alfaws a municipality to creat� a Neighborhood Empowermertt Zone (NEZ) when a"...municipality determines that tihe creatian of the zone woufd pTomo#e: {1} the creatior� of affor�able housing, including manufactured housing, in the zone; {2) an i�crease in ecanomic development in the zone; (3) an increase in tne quality of social services, educafion, or pubiic safety provided f� resicfents of the zone; or (4) fhe rehabilitation of afFordable housing in the zone." The City, by adapting the fallowing inc�nti�es, will promote affordable housing and ecanamic development ir� the NEZ. NEZ incentives will not b� granted after the NEZ expires as defined in the resoluiion designating the IVEZ, For each NEZ, the Ci#y Council may approve additianal terms an� inc�ntives as �ermit�ed by Chapter 378 of the Texas Local Gaverr�ment Code or by City Co�ncil resol�tion. However, any tax abatem�nt awarcfed before the expiration afi a NEZ sha[I carry its full term according to its tax abatement agre�ment appraved by fhe Ciiy Co�r�cil. . As mandated by sfate law, the property �ax abatemenfi under �his policy appfies to fhe owr�ers of rea� praperty. Plo#hing in t�e palicy shall be cons�rued as art obl�gation by fihe City of For� ll�orfh fio apprave any tax abatement appt'[catEon. Il. ��F�lNITiONS "Abafement°' means the fufl or partial exemption from City of Fort Worth ad valorem taxes qn eligible properties for a p�riod of u� fo 10 years and ar� amour�t of up ta 100% af t�e increase in appraised value (as reflected oR the ceriified tax ra1l of the appropriate courtty a�praisal district) resulting from improvemen#s. Eligib�e �rop�rties must be loeated in the NEZ. "Base Value" is the vafue af the property, excluding land, as det�rrnined by the Tarrani County A{�praisal District, during the year reF�abilitatian accurs. "Building Standards Commission" is the commissio� created under Sec. 7-77, Ar�icle IV. Minimum Buiiding 5tandards�Code of the Fort Warth City Code. � "Capital Investmenf' includes only rea! property improvemen�s such as new facilities and sfructures, site improvements, tacifity expansion, ar�d facility mocfernization. Capital In�esfinent does N�T include land acquisition casts andlor ar�y existing improvements, or personal proper�y {such as machinery, equipment, andlor supplies and in��niory). "C�ty of Fort Worth Tax Abafem�enf Palicy 5tatement" means the poiicy ado�ted by City Council on February 29, 2040. "Commercial/Industrial Development Prajacf" is a devefapmenf project which propos�s to construct or rehabilitate commerciall9nd�strial facilities on property that is (or me�is fhe requirements to be) zoned commercial, industrial or mixed use as defned by fh� Ci�y of Fort Workh Zaning Ordinance. "Comrnunity Facrlity Development Project" is a devel�pment pro3�ct whicn pro}�oses to construct or r�F�abilitate community facilities on property that ailaws suc� use as defined by the City af Fart Warth Zoning Ordinanc�. "Eligible Rehabilitafion" includes only physical improvem�nts ta real property. Eligible Rehabilifatian does N�T include personal property (such as furniture, appliances, eq�ipment, andlor supplies}. "Gross Floor Area" is measured by faking ihe autside dimensions of the builtfing at each ffo�r level, excepf that portion Qf the basement used only for uiilities or storage, and any areas wifihin th� building used for aff-street par4�ing. "Minimum Building Startdards Code" is Article �V of the Fort Worth City Code adopted pursuanf ta Texas Local Government Code, Chapfers 54 and 214, "Minority Business Errt�rprise (MBE)" and "Wamen Business En��rprise (WBE)" is a minority or woman owned business that has received certification as either a certi�ed MBE ar certified WBE by either the North Texas Regianal Certificafion Agency (NTRCA) or the Texas Department af Transportation (TxDot), Highway Division. "Mixed-Use Developm�nf Projecf" is a develapmenf project which prapases io construct or rehabilitate mixed-use faciiities in which residential uses car�stitute 20 percent or more af the total grass floor area, and office, eating and ertter�ainmer�t, andlor retail sa�es and service uses constitute 1 Q�ercent or more of the total gross flaor area and is on property ii�at is (or meets the req�iremenfs to be) zoned mixed-us� as describad by the City of FQrt Worth Zoning Qrdir�ance. "Mul�i-family Development Projecf" is a development project which propases to construct or rehabilitate m€alti-family residential livir�g units on property that is (or meets the requirements to be) zoned multi-family or mixed use as defined by the Gity of Fart Warth Zoning Ordinance. "Reinvesiment Zone" is an area designated as such by tf�e City af Fort Worth in accordance with the Property Redevelopmeni and Tax Abatement Act codified in Chapfer 312 of the Texas Tax Code, ar an area designated as an enterprise zone pursuanf to the T�xas Ente�prise Zo�e Act, codified in Chapt�r 2303 of the Texas Gavernment Code. � � A. IVIU[�!lCfPAoL PRB�'€FtiY TAX A�AYEIU��NiS R�SIDEiVTfAL PRO����'I�S L�CAT�� 1N A iVEZ: FULL ABAT�IVi�1VT FOR 5 Y�r4RS 1. For residential property purchased before NEZ designation, a homeowner shall be eligible to apply far a tax abatement by meeting ihe folfowing: a. Prope�ty �s owner-occupied and the primary residEnce of the homeowne�' prior ta the final NEZ designation. Homeowner sha[I provide proof of owner'ship by a warranty deed, a�fida�it at F�eirship, or a probated wi[I, and si�all sF�ow proafi af primary residence by homestead exem�tion; and b. Hameowner m�st perform E[igible Rehabili#ation on the praper�y after NEZ designatio� eqUa[ tn or in excess of 30°/a of �he Base Value of the property; and c. Property is not in a tax-delinquenf status when the abatement applicatifln is submitted. 2. For resid�ntial property purchased after NEZ designaiion, a homeawner shall be eligible tn appfy for a tax abatement by meeting tf�e follawing: a. Property is newiy constructed or reha�ilitated after the date of final NEZ � d�signation; and b. Property is owner-occupied and is the primary residence of the homeowner. Homeowner shall provide proof o� owr�ership by a warranty deed, affidavit of heirship, ar a probated will, and sha[I show proof of primary residence by homastead exemption; and c. For rehabilita#ed proper�y, Eligible Rehabilitation costs on tF�e property sha![ be equal ta or in exc�ss af 30% of the Base Val�e of the property. The s�ller or owner shall pravide the City information to suppn�i rehabilitatian cosis; ancf d. Proper�y is not in a tax-definquer�t status w�en the abatement applicatior� is submitted.; and e. Prop�r�y is in conformance with the City o# Fort Worth Zoning Ordinanee. • 3. For investor owned single �amily property, an investor shali be sligible ta ap�ly for a fax abatemenf by me�ting tF�e following: �. b. c. d. Property is newly constructed or rehabilitated by the inves#or after NEZ designation; and �or rehabilitated �roperty, E[igible Rehabilitation costs on the property shalf b� equal ta ar in excess of 30% of the Base Value of t�te praperty; and P-roperty is not in a tax-delinquent status when the abatement application is s�bmitted; a�d Property is in conformance wit� t�e City of Fort Worth Zaning Ordinance. �. IUIUL�I��/�iVIi�Y ��VC�OPf�I��lT PROJ�CiS �OCAi�� [N A [d�� 1. Full Abatemer�t for � years. In order ta be eligib[e for a property tax abatement, upon completian, a newfy co�structed or rehabilitated multi-family deveiapment pi-oject in a iVEZ must satisfy the foliawing: At least twenfiy perc�nt (20°fa) of fhe total units cor�structed or rehabi[itat�d shall be affordat�ie (as cfefine� by the U. S. Department of Housing and Urban De�elopment) #o persons with incomes ai or below eighty percent �80%} of area median income based on fam9ly size and such units shall be set asid� for persons at or belaw 80% of the median income as defined by fhe U.S. 3 Depar�ment of Housing and Urban D�velopment. City Co�ncil may waiv� or reduce the 2Q% affordability requirement on a case-by-case hasis; and (a) For a multi-family de�elopment prajecf construcier� after NEZ designatian, the project must pra�ide at least five {5) residential li�ing units �R have a minimum Capita! Investment o� $200,OOQ; or {b) For a rehabilitatian projecf, the property must be rehabilitated after NEZ d�signation. Eligible Rehabilitaffon costs on the property shaf! be at least 30% of the Base Valu� of the prvperty. S�ch Eiigible Rehal�ifitation costs musf came from fFte rehabilitation of at leasf fi�e (5) residential I�ving u�iis. or a minimum Capital Investmer�t of $200,000. 2. 'f %-1 �Q% Abatement af City Ad Valor�rn taxes u� fa 10 years If an app�icant appiies for a tax abafemen# agreement with a term of more than five years, ihis sect�on shall apply. Abatements for multi-fami�y d�veEoprr�ent projects for up to �0 years are subject to City Cauncil appra�a[. The applicanf may apply witl� the Housing Depar�ment for such abatement. Years '! throuqh � of fihe Yax Aba�em�nt /�areemen� Multi-famify prajects shal[ be eligib�e for 'i00°10 abatement of City ad valorem taxes for years one thraugh five ofi the Tax Abatement Agreement upon the satisfaction a# t�te following: At feasfi tweniy percent (20%) of the total units constr�cted or rehabilitated sha[I be af�orcfabfe (as defined by the U. 5. Department of Housing and Urban Development) to persons wi�h i�cames a# or below e�ghty percent {80°/Q) of area m�dian income based on famiiy size ancf such units shall be set aside for persons at ar below 80% a�F the median income as defined by the [J.S. Department of Ho�tsing ar�d Urban De�elopment. Gity Council may waive or reduce the 20°fo affordability requirem�nt on a case-by-case basis; and a. �or a mufti-family dev�lopment project consfructed after NEZ cfesign�tion, the project must pravide at least five �5) residential living units OR have a minimum Gapital fnv�stment of $200,000; or � b. For a rehabilitation project, the property must be rehabilitated after NEZ designatian. Eligf�fe Rehabilifation costs ar� the property shall be at least 30% of the Base.Value of the properEy. Such Eligible Rehabi�itation cflsts must cflme from the rehabilitafion of at feast �ve (5} residential living units or a mir�imum Capitaf Investment of $200,000, Years 6 fhrouah 1 Q af the iax Abatemenf Aareement Multi-family projects shalf �� eligible for a 1-�00% abatement of City ad �alorem taxes far years six through fen of the Tax Abatement Agreement upo� the satisfaction af the follawing: a. At least twenty percent (20%} of the total units canstructed or rehabi[itated shall �e affordable (as defir�ed by the U. S. Department of Housing and Urhan Develapmenf) tn persons with incomes at or below eighty percent (80%) af area 4 median ir�come based on famiiy size and such units shall be set aside fior persons ai or below 80% of the m�dian income as defined by the U.S. Department of Hausing and Urban Development. City Council may waive or �educe the 20°/a affordability requirement on a case-by-case �asis; and 1. For a mulfi-family develapme�i project constructed after NEZ designation, the project musi provide at least five (5) residential living units OR �ave a minimum Capifal Investment of $20�,000; or 2. For a rehabilitation project, the property must be reha�ilitaied after NEZ designation. Eligible Rehabilitation costs on the prflp�rty shall be at feast � 30% af the Base Valt�e of the property. Such Eligible Rehabilitatian C05t5 must come from the rehabilitatian af at I�ast fiWe {�) residential Eiving unifs or a minimum Capital lnvestment of $200,000. b. Any ofher #erms as City Council of the City of �orf Worth deems appropriate, including, but not limited to: '[. utilizatian of Fort Warth companies for an agre�d upon percentage of t1�e tofal costs for constructian cantracts; 2. uti�izaiEon of certified minority ar�d women ov►rned b�sine�s �nterprises far an agreed upon percentage of fhe tota! cosis for canstruction contracts; 3. property inspection; � 4. commit ia hire an agreed upon percentage of Fort Worth residents 5. cammit to� hire an agreed upon percentage af Central City residents 6. landscaping; 7. tenant sal�ction plans; and 8. management plans. C. COMi�i�RCiAL, I�1DUS�RIAL AN� CO1V�iV�UNITY �AC�LI�'E�S ��V���PAIIFNT ��OJ�CYS �OCAi�D Ih! A N�� 1. Full Abatement for 5 years. In order to be eligible for a proper�y tax abatemer�#, a newly constructed or reha�ilitated cflmmerciailindustrial and 'communiijr facilities development project in a NEZ m�st satisfy fF�e following: a. A commercial, industrial or a community �acilities development praject � construci�d afiter NEZ designation must have a minim�m Capital Investment of $i5,000; or b. �or a rehabilitafion project, it musf be re�abilitateti after NEZ designation. Eligible Rehabilitaiion cQsts on the property shall be at least 30% of ff�e Base Value af t�e property, or $75,000, whichever is great�r. 2. 1°/a-100% Abatement of City Ad Valarem taxes up to 1 Q years If an applicant applias �or a fax abatement agreement with a term of more than five years, this section shall apply. Abatement agreemenis for a Commercial, Ind�strial and Community �acifiiies Development projects f�r up to 10 years are subject to City Ca�ncil approval. The � applicant may apply w�th the Ecanomic and Cammunity Developmenf Departmenfi for such abatement. Years 1 throuah � of �he Ta�t Aha�rement Aqreemenf Commercial, Ind�strial and Community Facilities Developmer�t prajecis shall be eligibie for �00% abatement of City ad �alorem taxes for the firsi five years of tF�e Tax Abaiement Agr�emeni upan the satisfacfion o� the following: , a. A commercial, industria! or a community facilities development project constructe� af�er NEZ designation must ha�e a minimurri Capital lnvestmer�t of $75,000; or b. For a rehabilitation �roject, it must be rehabilitaied after NEZ designation. Efigible Reha�ifitatio� costs on the prap�rty s�all be at least 30% of tFte Base Va�ue of t�e property, or $75,000, whicF�ever is greater. Years G thrvuqh 10 of the Tax /�baiement /�areement Commercial, Industriai ar�d Communify Facilifies De�elopment prajeets sha�l be eligible for 1%-'f DO% abatement of Cify ad valorem taxes_ far years six through ten of �he Tax Abatemenf Agreement upan the satisfaction af ff�e foElowing: a. A camrnercial, industriaf or a community facilities development project construeted after NEZ designation must ha�e a minimum Capital fnvestment of $75,000 an� must meet the requirements of subsection {c) �elow ; or b. For a rehabilitatio� project, it must be rehabilitated after NEZ desigr�ation. Eligib�e R�halailitation costs an the property s�al[ be at least 3�% of �he Base Vafue of the property, or $75,000, whichever is greater and meet the requirements af subsection {c} bel�w, � c. Any ofher terms as City Council of the City of Fort Warth deems apprvpriate, inciuding, but no# limited to: 1. �tilization of Fort Worth companies for an agreed upon percentage af the total casts for constructEan contracts; 2. utifization of certified minority and women owned business enterpris�s for an agreed u�ar� pereentage of fh� tota[ costs for consfruc#ion contracts; 3. commit to hire an agree� �pon percentage of Fart Worth res[dents; 4. commit to hire an agreed upon� percentage of Central CEty residents; and 5. landseaping. D. iV�IXED-LJSE D�VELOPMEWi �RO.�EGTS LOC���� �iV A hl�Z �. FuEI Abatement for 5 years, In arder to ba eligible far a prflperty tax abatement, upon comple#ion, a newly constructed or reha6ilitated mixed-use develapment project in a NEZ must satisfy the folfowing: a. Residenfia� �ses in the project constitute 20 percent or more of the tatal Gross Floar Area t�f the project; and b. Office, eating and enter#ainment, and/or retaiE sales and s�rvice uses in the pro�ecf canstifute 10 percent or more of the totaf Gross Floor Area of the project; and C {'[} A mix�d-use development projecf constructed after N�Z designation must �ave a minimum Capital Investment of $200,000; or (2) For a rehabilitation project, it must be rehabiEitated. after NEZ designation. Eligiiale Rehabilitation costs o� the praper�y shall be .af least 30% of the Base Value af th� property, or $2D4,000, w�icheve[ is greater. 2. 1%-100% Abatement of Gity Ad Vaforem taxes up �0 1 d years If an applicant applies far a tax abatement agreement with a term of more than five years, this section shall apply. Abafements agreements for a Mixed Use De�elopment prajects for up to 90 years are �ubject to City Gouncil a�proval. Tf�e applicant may apply with the Economic and Community De�elopment Departmeni for such abatement. Years 9 ihrouqh 5 afi the Tax ,�6atemenf Aqreemen� Mix�d Use D��efopmenf }�raj�cts shall be eligible for 100% abatement af City ad valoram taxes for the first five years af the Tax Abatement Agreem�nf upon tt�e satisfacfiion of �he following: a. Residential uses �n the }�roject constit�te 2D percent or more of the tatal Gross Fioor Area of the project; and b. Oifice, eating and en#�rtainment, andlor retail sales and service uses m the project constitute 10 percent or mare of the total Gross Floor Area of the project; and c. A nevd mix�d-use dE�elopment project constructed after NEZ designation must have a minimum Capital invesfinent o� $20�,a00; or for a rehabilitatior� praject, it must be rehabilitated after NEZ des9gr�at�on. Eligibfe Rehabilitation costs on the property shall be af (east 30% of the Base Value of the property, or $200,000, whichever is greater. Years 6 ihrouah 10 of the iax Abafement Acrreemen4 Mixed Use Development projecis sha�l be efigible for 1-100% abatemer�t of City ad valorem iaxes for years six through fen of the Tax Abatement Agreement upon th� safisfaction of t�e follawing: a. Residenfial uses in the project constifute 20 �ercent or more of the to�al Grass Floor Area of t�e pro�ect; and b. Office, eating and enterkainment, andbr retail sales and service uses in the proj�ct canstitute 1 Q percent or more of ihe totai Gross Fioor Area of the projec�; c. A new mixed-use develapment �raject construc�ed after N�Z designation must �ave a minimum Capital lnvestment of $200,000; or for a rehabiiitation praject, it must be ref�abilitafed after NEZ designation. Eligible Rehabilitation cosis or� tF�e property shall be a# least 30% of the Base Value ofi the property, or $200,OD0, whichev�r is greater; and d. Any other terms as City Counci! af the City of Fart Worth deems appro�riate, including, but not limited to: 1. utilizaiion ot Fa�t Worth companies for an agreed upon percentage of the totai costs for construction cantracts; rl 2. utilization of certified minarity and wornen owned business enter�rises for an agreed upon percentage of fhe #otal costs far construction con#racts; 3. property ir�sp�ction; 4. commit to hire an agreed upon percentage of Fort War�h residents �. cammit �o i�ire an agreed u�on percenfage of Cen#raf City residents 6. landscaping; 7. f�nant selection plans; and 8. maRag�men# �Ians. �. A�r4T�M�Ni GUID�LlfV�S 'I , ff a NEZ is lacated in a Tax incremenf Financing District, City Council wiif determine on a case-by-case basis if the tax abaiement incentives in Section fli wil� be offered to eligib�e projects, Eligib�e projects must m��t all eligibility requiremenfs specifiied in -Sectian III. 2. ln order to be efigible to apply for a tax abatement, the property ownerldeveloper must: a. Not be delinquent in paying praper�y #axes for any property owned by the awner/developer ; and b. Not have any Ci#y af Fort Wort� iiens filed againsf any property owned by the applicant properiy ownerldevefoper. "Liens" include, �ut are nof �imifed to, weed liens, demolition liens, board-�plapen structtare liens and paving liens. 3. Praperties under a contract for deed are nat eligible tor tax abatement�. 4. Once a NEZ prop�rty owner af a resid�ntial property (including multi-farnily} in the NEZ safisfies the crit�ria se� for�h in Sections III.A, E,�. ant! �.2. and applEes for an abatemenf, a property owner must enter inta a tax abatement agreement with the City ot Fort Worth. Ti�e tax abatemen# agreeme�t shail automatically terminate if the property subjeci to the iax abatement agreem�nt is irt Wiolation o� fhe City of Fort Warih's Minimum Builtling 5tandards Cade and the owr�er is convicted of such violation. 5. A tax abatement granted under the criteria set for�h in Sectior� III. can anly be granted once �For a properfiy in a NE� for a maximum ierm of as specified in the agreement, !f a praperty o� which tax is being a�ated is sofd, fhe City will assign the tax abatement agreemer�t for the remaining #erm once the new owner submits an application. 6. A proper�y awnerldeveloper of a mtaltifamily develapment, cammerciai, ind�strial, cammunity facilities and mixed-use development project in the NEZ who desires a tax abatement under Secfions IILB, C or D must: - a. 5atisfy fihe criteria set for�h in Sections Ill.B, C or D, as applicable, and S�ciions IIf.E.1 E.2; and E3, and �. File an applicafian with the Housing De�arfinent or tF�e Economic and Comm�ni#y Development Depa�tmant, as applicable, and c. The proper�y owner must enter into a fax abat�ment agreemenf with the City of Fort Warfh. In additian to fhe ather terms of agreement, tne tax abateme�t agreerr�ent shal! provide that fihe agreement shall automatically terminate if the awner recei�es one cor�viction of a vio�atian o� th� CEty of Fort Worth's Minimum Building Standards Code regardfng the property subject to the abatement agreement during tF�e term of the tax abatement agreement; ar�d d. If a pro�erty in the NEZ on which tax is being abated is sold, the new owner may enter in�a a tax abat�m�nt agreement on the prbperty for the remaining term, �. AF���l1G/�TION ��� 1. The applicatian fee far residentia! tax abatements governed under 5ection III.A is $2�. 2. The appl�cation fee for multi-family, commercial, �ndustrial, comm�riity facilities ar�d mixed-use de�elopmenf projects gov�rr�ed under Sectians ffl.B, C.1 and D,�, is ane� half of one percent (0.5°/a} of the �aropased project's Ca�ital In�esfinent, not to �xeeed $1,�Q0, The application fee will be refunded upon issUance af certificate of final accupancy and once the properky owner enters inta a tax abatemenf agreemenf with the City. Otherwise, the Application Fee sf�all nat be cr�dited or refuncfed io any party for any reason. 11l. FE� l�IANFRS A. ��ICI�L� R��l4�l�A[YSIPRO�ER�IES 1. In order to be eligib�e ta apply fior fee waivers, the property ownerlde�eioper must a. Nof be delinquent in �aying praperty taxes for any property owned by the owrterldeveloper flr applicanf; and b. Nof have any City liens filed against any property owned by the applicant property awner/developer, i�cluding but nflt limit�d to, weed liens, demalition liens, board- up/open structure liens and paving liens. 2. Properties under a cantract for deed are noi eligible for �evelopm�nt fee waiv�rs. 3. ln arder for Development Fees andlor Impact Fees to �e waived for new consfruction or rehabilitafion projects located in fF�e NEZ, a proper�y own�r must sub�nit an application to ihe Ci#y. Apqrowal of the apalication and waiver o� �he �e�s shall' not be deemed �o be apnroval o� anv aspect af ihe nroiect. Befare consiruci�on. fihe analicani musfi ensure that the praiect is located in fhe correct zonina distric�. � B. DEVE�.�Pti��Ni Fl��S Ortce tF�e Applica#ion for N�Z lnc�ntives F�as been appraved by the City, the following fees for services performed by fhe Ciiy of Fort Worth for projects in the NEZ are waived for new construction projects or rehabilifatian projects that expend a# least 30% af the Base Value of the praperty on Eligibfe Rehabiliiatior� costs: �l �. All building permit related fees (including Plans Review and Inspectians) 2. P�at applica#ion fee {9ncluding cancept plan, preliminary plat, fina[ plat, sho�t form replat) 3. Bnard of Adjustmeni application fee ' 4. Demolitian fee 5. Sfructure rnaving fee 6. Community Facilities Agreement (CFA) ap�licatior� fee 7. Zaning appfication fe� 8. Stree# and utility easement vacafion application fee Other development related �ees not specified above will be considered far approval by City Council on a case-by-case basis. C. IflIPP�►CT �'�E 1. Sing�e family and multi-family residential development prajects �n fhe NEZ. Automafic 100°/a waiver o� water and wastewater impact fees will �e applied. 2. Cammercial, industrial, mixed-use, or community facility development projects in the N EZ. a. Autamatic � OQ% wai�er of water and wastewater impact fees up to $55,000 or equi�alen# to two S-inch meters for each commercial, industrial, mixed-use ar commur�ity facility develapment project. b. �f the project requests an impact fee waiver exceeding $55,000 or requesting a waiver for larger and/ar more than two 6-inch meter, then City Council approval is required. Applieant may request the additional amount of impaci fee waiver thrv�gh the Housing Departmer�t. V. R�L�AS� O� C�iY E�i�NS The fo[lowing Ciiy liens may be released for eligible properties or �rajects in a NEZ: �. WEFD LI�NS The following are eligible to apply for release af weed iiens: 1. Single unit owners perfarming rehabilitation an their proper�ies. 2. Build�rs or developers constructing new hames on vacanf lots. � 3. Owners performing rehabilitafion an mul#i-family, commercial, industrial, mixed-use, or community facility properties. � . 4. Developers construc#ing new multi-family, com�nerciai, industrial, mixed-use or cammunity facilify c�evelopment projects, - � B. D�MOLI`�fOfV �I�NS 90 Builders or develapers develo�ing ar rehabilitafing a proper�y are �ligibfe to apply for release of demolitio� liar�s for u� to $30,000. Release of demolitian fiens in excess of $30,000 is subject to Ciiy Council approval. C. BOA�C�dUP1�P�A� S��UC`�UR� LIFf�S The following a�e �ligible io apply for release of board-uplopen structure liens: 9. Single unit own�rs parforming rehabiiitation on their properties. 2. -� Builders or developers constructing new single family homes on vacant lots. 3. Owners performing rehabiiitation on m�lti-family, cnmmercial, industrial, mixed-use, or community facility pro�erties. 4. Developers constr�cting muiti-family, cammercial, industrial, mixed-use, or commur�ity facility projects. D. PAV[NG l.I�NS i'he 'Follawing are eligible to apply for relsase af pa�ing [ierts: �. 5ingle unit awners perFarming rehabikitation on their properties. 2. Builders or develapers canstructing new homes on vacant lots. 3. � Owners performing rehabilita#iQn on mu�ti-famiiy, commercial, industrEal, mixed-use, ar community faci[ify proper�ies. 4. � Developers consfruc#ing multi-famiiy, commercial, indusfriaf, mixed-use, or comrnunity facifity prajects. �. ��ICI�L� R�CfPI]�f�TS1PF70F�ERil�S 1. In arder to be eligible ta apply far release of City liens, the property ownerlde�eloper: a. must not be de�inq�aent in paying property taxes for any pro�erty owned by the owner/developer b. must not f�a�e b�en subject ta a Building 5tandards Commission's �rder of Demolifion wf�ere ihe prop�rty was demofished within the �ast five (5) years; and c. must not have any City of For� Wo�th li�ns fiied against any ather property ownec! by the applicanf property ownerldeveloper. "Liens" incl�d�s, bu� is not limited to, weed liens, demolition [iens, board-�a�loper� structure liens and paving liens. 2. Properties under a cont�act for deed are not �ligible for release of Ci#y liens. VI, PROC�C}IJRAL STEPS A. �I�PL1GAilOfV SU�IuiIS510N 1. The applicant for N�Z ince�tives under Sections II1.A, B, C. D., fV, and V must compiete and submit a City of Fort Worth "Application for NEZ Incenti�es" and pay the appropriat� appficatior� fee to the Housing Department or the Econamic and Community Development Department, as applicable. 1� 2. The applieant for incentives under Sections [II.C.2 and D.2 must alsa campl�fe and s�bmit a City of Fort Worth "App�ication for Tax Abatemeni" and pay the appropriate application fee to fhe Ecanomic and Communify Devefo�ment Department. The application fee, review, �valuatian and approval will be gavemed by City af Fort Worth Tax Abatemen# Policy Statement for QUalify�ng Development Projects, �. C�RYI�ICAiIONS �OF� A�P�,ICATIONS UN��R S�CiIOWS III.A, �, C.1, D.1, 11/, A►Pl D V 1. The Housing Department will review the applicafion for accuracy and compl�tene�s. Once complate, Housing Depa�ment will certify eligibiEiiy of the app�ication based on the criteria set forth in Sectifln Ilf. A, B, C.�, D.1, IV, and V of this poEicy, as applicable. Onc� an applicafian is cer�ified, the Hausing Department will infiarm appropriate depar�ments administerir�g the incentives about the certified application. An orientation meefing wifh City departments and the applicant may be scheduied. The departmenfs inclucie: a. Housing Departmen�: property tax abatemer�t'for residential prop�rties and mufti- family development projects, release of City liens. b. Economic and Communiiy Development Departfnent: property tax abatement for commercia[, industrial, community facilities or mixec�-use developm�nt �rojects. � c. Development Departrnertt: develapment fes wai�ers. d. Water Department: impact fee waivers. e. Other appropriate depariments, if app�icable. 2. Once De�elopmen� Department, Water Department, Economic and Comm�nity De�elapment Department, andlar other appropriate dapartment receive a c�r�ified applicatian from the Housing Department, sach d�partmentloffice shall fiil oui a "Verification ofi NEZ Irtcentives for Cer�ified NEZ lnceniives Application" and return it fo the Housing Department for record keeping and tracking. C. A��LICA�IOh! REV[�W AE�D �1lALUl��IOA[ �'OR APPLlCA�10[VS 1. Property Tax Abatement for Residential Properties and Multi-fami�y Development Projects � � a. For a complet�d and certified application for no more than fve years of tax abatement, with Council approva�, tF�e City Manager shall execufe a fax abatement agreement wi�h the applicant. b. F�r a compfefed and cer�ified multi-family t{evelopment project application for more than five years of tax abatement: (1 } The Housing Department wi�l evaluate a campleted and cer�ified application based fln: (a) The project's increas� in tl�e value of the tax base� (b) Costs ta the Ci#y (such as infras#ructure participafion, etc.). (c} Percent of construction canfracts commiited to: {i} For� Worth based firms, and {ii) Minarity and Wamen Owned Business Enterprises (M/WBEs}. (d) Other items whieh may be negotiated by tF�e City anci the appGcanf. �2 {2) Consideration by Cauncil Committee, Based upon fhe outcome of the evaluatifln, Housing Department may present fhe application to the City Co�ncil's Economic Devefopment Committee. Shoufd the Housing �epartment pres�nf t�e application to the Econornic Development Cammittee, the Commiftee will consider the application af an o�aen meeting. The Commi#tee may: (a) Apprave the applica�ion. S�aff wil! then incor�aorate the applicaiion into a tax abafement agreement which will be sent fo the City Council with the Cornmii�ee's recommendation to appro�e ihe agreement; or (b} Request modificatio�s to t�ie application. Housing Department staff will discuss the su�gested modiffcations with the app�icant and then, if the requested modifications are made, resubmit the modified application to the Committee for cansideration; or (c) Deny the app�icatior�. The appficant may appeal the Committee's finding by requesting the City Council ta: {a} disragard the Commit�ee's finding and (b) instruct city staff to incorporate the ap�lication into a tax � aba#ement agreement for future consideration by the Cify Co�ncil. (3) Consideration by the City Council Tf�e City Council retains sole authority to a�pro�e or der�y any tax abatement agreement and is under nv obiigation to approve any tax abatement application or tax abafement agreement. The City of Fort Worth is under na a�ligafion ta pro�id� tax abatement in any amount or �alue to any app[icar�t. c. Effec��ve Date for Approved Agreemenfs AlE tax abatemen#s approved by �he City Cauncil will become effecti�e an January 1 of the year following the year in which a Certificate of Occupancy (CQ) is issued for the qualifying de�elopment project (�nless otherwise speciffed in the tax abafemenf agreement}. Uniess otherwise speci#ied in the agreement, taxes levied during fF�e construction of the prflj�ct shall be due and payable. 2. Property Tax Abatement for Commerciaf, Industrial, Community Faciiities, and Mixed-�se Development Projecfs a. �or a completed and ceriified ap#�lication for no more than five years of tax abatement, wit� Counci! appro�al, the City Manager shali execute a tax abatemen# agr�ement wEfh the applicant. b. For a completed and certi�ed applicatiart for �nore than five y�ars of iax a�atement: (1) The Economic and Commun�ty Develapment Department will evaluate a complefed and certifred appiicatian based on: . (a} The project's increase in fihe value of the tax }�ase. (b) Costs to the City (such as infrastructure parkicipation, etc.). (c) Percent of construction confracis commifted �o: (i) Fort Worth based f�rms, and (ii) Minority and Women own�d Business Enterprises (MIWBEs). (d) Other items which may be negotiated by the Ci#y and th� appficant. 13 (2) Consideration by Council Cammittee Based upon the outcome of the evaluation, tne Economic and Cammunity De�elo�ment Department may present fihe applicafion fo the City Council's Eeonomic Develapment Cammittee. Should the Economic and Community Development Departmen# prese�t the appficatian to the Economic Develapment Committee, the Cammitt�e will consider the a�p�ication at an open mesting. T�e Committe� may: (a) Approve the applicaiEon. 5taff wll thar� incarparate the application ir�to a tax abatement agreement which wi[I be senf to the City Council r�vith the Committee's recommendation to approve the agreement; or (b) Req�es# modifications to the ap�lication. Ecanomic and Community Develapment Departm�nt staff wi!! discuss the suggested modifications with �he applica�t and then, [f the requested modificatior�s are made, resubmit t�e madified appiicafion to the Committee for considera#ion; or (c) Deny the applicatian. The applicant may appeal the Committee's �nding by requesti�g the Cify C�uncil to: (a) �isregard the Cammittee's f[nding and {b} instruct city staff to incorporat� the application inta a tax abatement agreement far future cansideration by the City Council. (3) Cor�sideration by the City Cauncii The Ci�y Council retains sole autharity to approve or deny any tax abatement agreement and is under no � obligat�on to appro�e any fax abatement application or tax abatement agreement. The City of Fori Worth is under r�a o6iigation to provide tax abatement in any amount or value to any appiicant. EfFective Date for Appraved Agreements All tax abaiements appro�ed by the City Council will become efFective on January � af the year following the year in w�ich a C�r�ificate of Occupancy (C�) is issued for the qualifying da�elopment project (unless atherwise specified in th� iax abatement agr��menf}. Unfess otherwise specified in the agreem�nt, taxes levied during fF�e construction of the project shall be due ar�d payable. 3. Development Fee Waivers a. For cert�fied applications of d�velopment fee waivers that do not require Cauncil appro�al, tF�e Devefapment Department will review the certified applicant's applicatian and grant appropriate incentives. b. For certified applications of development fee waivers #hat require Council approval, City staff will review the certifed applicant's appEicatitin and make a�propriate recammendatians to the Gity Councii. 4. [mpact Fee Waiver a. For certif�d applicafions of impact fee waivers that do not require Council app�ova[, the Water Department will revie�nr the certified applicant's applicatian and grant ap�ropriate incentives. 14 b. For certified applications of impact fee waivers that require Counc�f approval, fhe Water Department wiil review the cartified applicant`s application and make ap�ropriate recammendations fa fhe City Cauncil. 5, Release of City Liens For certified applica#ions of refease of Ci�ty liens, the Hausing Department will release ihe appropriate fiens, VII. OibFR RU�.ES ��RiI�I�IIN� TO �FtOPGRTY iAX A�,4i��I�f�T A. i��,G�4F'TUR� If the terms of the #ax abaiement agreement are not me#, the City Councii has th� right to cancel or amend the abatement agr�ement. In the event of cancella#ion, the recapt�tre af abated taxes �hall be fimited to the year{s} in which the default occurred or continued. �. IFJSP�C'fION AP�� �IN/�PICIAL VERI�ICATIOIV �OR lVIUL�Id�Alglfl�Y, C�NYM�I�CIALI I�IDUSTRlAL, COMMUNITY FACIL[iIES AND MIXED-lIS€� AI�V�LOPii��iVi ��OJ�C�S The terms of the agreement shalE include ihe City of Fort Warth's right to: (1) review and verify �he applfcant's finar�cial statements in each year during fhe life of the agre�merti prior to granting a fax abatement in any given year, (2) cflnduct an on site inspection of t�te project in_each year during the life of the ahaiement ta verify compliance with the terms of the tax abatement agreement. C. �VALUATI�N I�OR MCJL'ilo�'p►MI�Y, C019yiifVi�RCIA�1 fA19lJSiRIA�, GAIV�IV�UP![iY �/�CILI�I�S AM� iVIIX�D-USE D�1�ELOPiw�Wi �ROJECTS Upon. completian of construction of the facilitie�, the City shaf[ no less t�an annually e�aluate eac�t praject receiving abatement to insure compliance with the terms af the agre�m�nt. Any incidents of non-compliance wilf be r�ported to t�e City Counci[. On or before hebruary '�st af every year during the life of the agreemen�, any individual or en�ity receiving a tax aba�emen� from fhe Ci�y ofi �or� 1N�rth shall provide �nformafion and documenfiat�on which eEetails �he proper�y awner's co�npliance with fhe terms of the respective agreement and s�all certify that the owner is in compiiance wit� each applicable fierrr� of �h� agr��m�n�. �ailure io report this infarmation and to pravide the required certification by the a�ove deadline shall resulfi ir� cancella#io�n vf agreement and any faues abated �n fhe prior year being due and payable. , 9. ��'�ECi OF Sr4LE, ASSiGNII�f�NT OR �,�AS� 0� �ROp��TY If a prop�rty in the NEZ on which fax is being abated is sold, the new owner may enter into a tax abatement agreement on the properfy for the remaining term. Any sale, assignment or I�ase af the property which is not permitted in t�e tax abafement agreement resuits in cancellation of the agreement and recapture ofi any iaxes abated after the date on which an uns�ecified assignment occurred. 1� VII1. OTHE� 1NC�iVTiV�S A. Plan f�Vl@W5 of proposed develapment projec#s in tF�e NEZ will be expedited by the Development Department. • B. T�e City Counci] may add the folEowing ineentivas to a NEZ in fF�e Resoiution ado�ting the NEZ: 'f. Municipal sales tax refund 2. Homebuyers assistance 3. Gap finar�cing 4. Land assembly 5. Conveyance of tax foreclosure properties fi. Infrastructure impro�ements 7. 5uppor� for Low Income Housing Tax Credit (LIHTC) applications 8. Land use incenti�es and zoning/buildEng code exemptions, e.g., mixed-use, densi#y bon�s, parking exemption 9. Tax ]ncrement Financing (TIF) �0. Public Improvement Distric# (PID) 11. Tax-exempf band financing 12. New Model Blocks 13. Loan guaranfiees 1�4. �quity inv�stments 15. Other incenfives that will �ffectuate fhe intent and purpases afi NEZ. 1� �xhibit B 3116 Eastcrest Court Lot 6, Blocl� 1 �astcrest Addition ExhKbit C Praject Description Single �amily Residence 90% Bricic Veneer 15�0-1900 square feet 3 Bedrooms/2 Baths Two car garages Arched Wi�dows at Front of House . Front Yard Landaca�ed Microwave with built-in Vent-A-Hood Wood Burning Fire Place Built-in Security System � Computer Area with CPU & Printer with a dedicated te�ephone line Va�alted Ceiling in Master Bedroom and Living Room French Doors S�parate Tub/Show�er in Master Bathroam Garden Tub in Mater Bathroom �.��+ � 6�� '� �ORT �ORTH � �� Appl.icatian No. �� � � E � 1 � CITY' QF F4�i.T WQR'TH - 7°�TE�G7�SOR�QCtD ENXP�'VY��vJ[ENT Z4NE (NEZ) P�tOGRAM — — — — — — — -- — — �--- — —• — — --� — — PROJECT CERTIFICATrON APPLICATION �'�RM B F4R �NYESTdR OWNE�tS {SIlVGL� F�MIL''�` ONLi'} I. APPL�CATYON CHECK LI3T -.P�ease submit �he_ fol�a�Tin.g dncumentation wi� eac� prapez�ty requ�s�ed: � . r... 4 .�; �5���: �,_' ' A co�pleted �applica�o�ryfo�i = _ • E a � ,� �:_[]_. ...; A Iist af_�ll�p�;np�rt�ie� dvvnedbythe applicant in Fort Wortki • [� Applicatio� fee af $25.�Q �f�or� �ax abatement applicafians �anIy) ❑ Proof of ownexship, such as a vvarranty deed, a�£'idavit of heirship, dr a proba�ed will OR ev�dence of site�eontrol, sueh� as option to b�y - - .. Q � Tit1e abstract�af the-property �(�ptio:na�}� � � � • ' " For Rehabilitation P'roiects �n1�: � �❑ For a proj ect in th� planning stage, please submit a com�aleted set of Rehabii�tatian ' - ��°{�.ez�odel) Plan and: a�isi csf eli�ble rehab�iitatian��osis'�:�{��r a�plica�.ons o#'ta� �•- abaiements apd development fee waiver� for rel�ab prajects only) ❑ Qnce a prQjec� is completed, pieas� submit proof of �t.�e eligible zehabilitaiion cosis'� such as i.nvoices, contrae�s, ox-receipts, (�or applieatians of t�zc abatemezzts only} � Elzgible rek�abilitation includes onl� physical improveznents to real property. It does NOT inolude person� property such as furflitUre, appliar�ces, equipmen� andlor su,pp�es. 'Total elib�ble rehabilitatian casts s�Zall. eqt�al to or exceed 3Q°to of �e Tarrant Caunty Appraasal Distri�t (TAD), appraised value of the structure duri�tg the � . .Year rehabilitadon acc3ars. . , � _. ,�,� _:- _ T — — — � — — — —• -- — — — , lI. Applicant 1 AG:] sCNT IN�'�7RIVIATX�� ' � � . �� � - 1. Applicant: ���.����� sd �€�ti��r.� ��F�����tact P�z-son: ���� C��6'� 3. Address: t�� "�Q,�.t�l1�D'� ��" ��`" � � . "7"�.�Cz �treet �--' � City � TStatie _ Zip � � 4. �hori� no.: �1 � -� �7/-T�i� . S. Fax No.: �f���� �� - - 6. Email: . ��,�,g �i� f �. -i�o�'�. �"Y. US - - i. Agent (if any) S: Address: . - - - . - Street �„ 9. Phone nv.: . ' . 1Z. Email: Ci�y State � Zip �(}. Fa� No.: � � ���f ya�r naed furiher infarYnafion or cla�ifica�i��, piease confact Cizun-� Lu at (81.7) 8'�1-73SI or Bea Cura at (81� 871-8d35. � . .� 1 R � �ORT �QRTH III. PRfJPERTY ELZGI�ILITY i- + - — — —• 1. Please lis� dawn �he addresses and Iegal descrxptions a� the prop�rty where yon are appIyizi.g f�r NEZ incenfives and o�ie�- praper�es you own in Fart Wartiii. At#ach mefes and bounds descrip�ion if no address or legal ciesc�zptian is avaiiable. Ta6ie 1 Prt�pe�-f,y� Owz�.ership Adr�ress {Project Locatian) . Zip � Legal Descript�on _ C�d� f Subdivision I Lot N o. Slock No. f I I . - - . ��% �fJG�' i' 7 . ' � ,E�. I - . � . �. . � J- -��"� �� ��� ��� I I .. . -- -- � . .- � _- - . -- - - -I :- - - - -_ � - - + - . --- . -- � {Please aitact� additional sheets of paper as �eeded.) � . � � . .. � �.� � � - I L I -. . . 2. Far �each pro}�erties listed in Tab��� l;•pleas� ch•eck t�e bozes beltiw �o imiiicate if: . � there are faxes due; or jV� � � there are City liens; or �,J� - a yan hav,e been subj�ect to a B�tilding Stan�ards Commi�sian's (�rder of Deznolition where �he . property was deznolished �cvithin tbe last five years. �j p Tai�le 2 .Praperty Taxes xnd City Liens � .� . Adc�ress Property Cxty Liens an Properiy � I '� - - _: _ _<.;.. a, " ;�-�: �. _ TaXes �--=�aVeed i Ba��rc�-uplOpen :; ..�emolii�on• � Paving -- Or.deir bf •. - `-- .,. " , , .. � �: � , - „ -: Due • �iens ''S�uctt�-e Liens � •� Liens K :-� Liens �+ Demo�Ztion� � � � . I ❑ - -- .� — , ❑ - ❑ ❑ 0 y,r ._`.�'.'�wv.,, '�'.. _ ` _ I ' `��:�>.'<h.;:�.5�:.�1�-;.�'� -[� �. . . ..�. ` , ❑ � _-__ �❑ L_ .. ��. .. . � �.:o,. �� a�: -:- o:- :, -. ❑- � ❑ - ❑�� _ , . . . .r_ _ - -- . - - - � . . �:�:- ❑- ` ❑ � � o o ��� ❑ ❑ � .. .. .p �o- --❑ �- �o .. .❑ .� o 0 � . , . o - �-- o . . r-� - _.�, .� .-- ,: � � � . � � � , l � - .; .: � s � c...'�� � � ; _ �y ` � � . � �. � _—❑ � � � I - . I - ❑— --❑ � - � I - �� -� � - ❑ -- I .(2'lease attach a�lditionat sheeEs vf paper as needed.) �. Dn you own ofhe�- properi�es �nder ather names? ❑ Yes �,�Vo � �€ Yes, ple�se specify � 4. Does fhe proposed developmettt canfar� �c�.th City of �ort Worth Zoning? �[� Yes �� �. Is�fhis property under a contract for deed? [� Yes �No 1 . . � E ❑ No . .�,. � Fo�.T�aRTx n 6, Has the cansiructinn an t�e progerty been completed or is it Yn f)�e plan�ing s�age? What type of const�ructian7 : • ❑ Cozzstr�ciaon Camnleted �1 Under Cozastruction �C Xx� P�anni��� Sta�e ❑ Naw Coi�st�uction [� Rehab ❑ New Cansix�action �[] Rehab � New Cansbruction � Rehab 7. Tf the construciion on the praperiy has been campleted when this application is submU.iied, wlaen vvas the work done? �. . If it is a rehab property, does (or wi�) the rehabitita�on work* done on �he prapert� equal fo at least 30% Qf the Tarz-ant County Appxaisal District (TAD) assessed �value of the sixuctuare during the year reIiabiIitation (remod�leci) occuarred7 ❑ Yes ❑ No *Oz�ly physical iznpravements to rea� property is eligible. DO NOT inclnde pErsonal property such as furniture, appliances, equipmeztt; and/or supplies. . �.p ,.�.�.INCENTi'VES — — — — —�� � — � _...��, ':.-. , .. . . ,_ . .�, �..`V�hat°zncenfives axe yon appl.yi�g �or?; � , � _ � . j� Munici.�af Prouertv Ta� Abatements �° '• '� � Develonmenf Fee Waivers - � . �" AIi building pernait related fees (i�cluding Plans Revi�w aiid Inspections) " � How much is your total dev�lopm�ni cos�s7 $:.�r �5`'��� � _ � Hovcr much is t]ae total square footage af �+our praJeet? �� squai�e feei � -•� �� F�at application fee {in�lnr�g co�cept pla�, preliminary p�at, final p1at, shart form�rep�at) � Boarc� of Adjusiment a}�p�ica�on fee ❑ Deznolition fee � . � [] Strvcture movi�g fae � .: . . � Gamrz�unit��Faci�ities:Agreement.{�FA) a�plicatian:�ee... � . -.. . , -. �. . - ' � �oning application f��e � � � � . � , , � � � . � Street and uti�ity easement � , Yin�act F�e Wai�vers . ' . � Impact fee waiver �� . � Meter Si�ze ��� How znany meiers? �� _- Release of Cii�v Liens � ❑ Wead �iens [] � Board. up/open s�lructure liens= - ' ' � � Derriolition Iiens . � : � � ,❑ Paving �iens 0 3 r s �d�T �ORTH � V. ACKNOWLEDGMENT� ' � —' — — — _�- — — — —� T hereby certify that the z�.f'orznation provided is true and accurate to the b�st of my knowiedge. x hex��y a��owledge that Z have received a co�y of NEZ Basic Inceniives, which gQvern,s the granting of �ax abaterzxenis, fe� waivers azzd release af City lie�s, az�d that any VIOLATTON of the terms of the NEZ Ba�zc Inc�ntives or MISRE�RE�ENTAT��ON shaIl constitute grounds for reject�on of an appIieation or iez�nination of incentives.af ihe discretion of the City. � � I understand that the appraval af f�e waivers and other incentives shal� nat be deemed to be approval af any aspect of the p.roj ect. I understand tha� I a.m� responsible in obtaining required pe�� �d in&pec�ions from the City and in ensuring th� project is locatecl in t�e correcf zoning district. I agree to provide any additionai infozmat�ian for det�ining eligibi2ity as requested by the Ciiy. � ��i]�e� �`° � ► �%���',� �,�� , (��t' GC , (TYPED NAME) (A � ORIZED S�GNATUlZE) - � ��t _ ) �'.,: _.--- =. �_Y, �' .� ,�,,�:-.. -.__ - .� . . _' . -. _ _r.� .�. '' '� _ =�=J . - -�'�..::��t' [37�lAt:.�,�� l,!'.�nlaiFf }��r�J!" .�F�k�jC,{ �- � -. _ - ' _ _ - �.� . ' r.. . ` a �II%11 �1}. _ _ . _ ='F_;�:.�:'. -- -- : —=j�.. ' ��lt�' ia� F{t!'t ��l!1'��I:��{1 2 ' - .. ' _ 'l'- � � _' _�._.�- `" ��::_* Y� - l'��ii"a�CF]5X'1"�f]lN�lrt J __�_..n-_� .� _,� �..lz� ' I" �; -s�_ � � �i'i'��� � �2!'{i{'. � � t' _ � r � Ikr��r:�-La.�rt���[r•t����, 1{ �, - �"r,- ',`� _ _ ,. ��-' . . � �,i•t ������! ai. '!'��:t� 7#��i [�.: � � _ - -- . �=`.r= _ ___ - -{. -;�- -- :�:`• ��;." _ . . � � ..��1.i.} �571-�7�?fi � . . ._. . --- -- . � . � � • � _ -. �- ,_.�. _���-._. -.- ='=L=-°':,-�:: _ -LuC"�ct:#'orr-�r�������r..��x.��s�� .. � .� �;= - � -- ; �=�=1,,�- � � — � - - -�-�=�` -- .. - _-���_.�Y'�i' � E�ectronic version ofthis form is available byrequesfi. Please calZ 8�7�87Z-7381 ta xequest a co . • - - --- _ . PY -- Fnr Office CJse Only- - -- -- - -.� _. __ ---. -- —_ , -.Apg�ication Na, .- . ���' ��� In which I�T�Z? t '� Conform with Zonin � �� § TAD lI7 • ' �• "�•Yes ONo � { Contract for deed? •� ❑ Yes �� No Type'? �.New cons'triiction ❑.rRei��b Constructian carrfpl�t�on date? ❑ Before NEZ - [� �A�er NEZ �wnership �� Yes' � No Rehab at ar hig�Zer tbau 3D%? ❑ Yes ❑ Na Consistent with ihe NEZ piau? �] Yes Tax current on this. rn e? . * 0 No` R��Y � Yes ❑ No Tax ciir�rent on other propet-ki�s? Yes � G`ity Ziens on ihis p�operty? - �; � .. . � ` [j No . . Caiy liens'on other properties? � Weed liens ❑ Yes � Na a i�eed Iiens • ❑ Yes � No � Board.-up/open �cture lians ❑ Yes � N'a � � Board-up/apen structure liens 0 Yes � Nn � .� Demo�itian Iiens ❑ Yes X[� No o DeznoIitian Iiens � ❑ Yes �/] No � Paving Iien� ❑ Yes � Na . Paving lzens ❑ Yes � No � Order of deznoIition ❑ Yes � No .� Order af demolition � Cerii�ed? ' . ❑ Yes � No ❑�'�s ❑ No Certifiea by . Date certification issned? �Q ��� T If not certzfied, reason � � � � Referred to: DEconomic DeveIopment []Housing ; Develo ment • — • — — — — — — — — — — -- p — _�Wat�r ❑Code �TPW . � Revised August 23, 26p1 . � ' 4 City of �o. rt �Yo�th, �''exas M�yor and �ounci� �or�mun�catior� aATE REFERENCE NIJMBER LOG NAME PAGE ' 9/� 0102 Cd19�3�1_ . _ 05NEZ 1 of 3 SUBJECT AUTHORIZATiON TO ENTER INTD TAX ABATEMENT AGREEMENTS WfTH THE � �ORT WORTH HOUSING FINAN�CE CORPORATION FOR THE �EVELOPMENT OF SIXTEEN SINGLE-FAMILY HOMES FOR THE EASTCREST Sl7BDIV1510N i.00ATED fN THE STOP SIX NEIGHBORH04D EMPOWER.MENT ZONE ,� RECOMMENDATION: � ft is recommended that tne City Council: 1. Approve the For# Worth Housing Finance Corporatian {FWHFC) application for Municipai Prop�rty Tax Abafemer�t tor the Eastcrest Subdivisian; and 2. Find ihat the statements set for�h in the recitals of the attached Tax Abatement Ag�eements (#he I Agreements) with FWHFC are true and correct; and � 3. Authorize the City Manag�r to enter into tax abatemenf agreements with FWHFC �or the development of sixteen single-family homes i� the Eastcrest 5ubdivision located in .the Stop 5ix Neigh�orhood Empowermeni Zane (NEZ}, in accordance witn the NEZ Basic Incentives. D15CUSS10N: Th� �WHFC is the deve{operlowner of the Eastcrest 5u�bdivisian in the 4700 Blocic af East Berry Street and Eastcresfi Gaurt focated in NEZ No. 1: The FWHFC app�ied for municipa! propef-#y tax a�atement under #he NE�. Basic Incentives �M&C G- 13208R dated June 5, 20D2, M&C G-1358Q dated April 2, 20D2, as amenc�ed, and M&C G-136fi2R dated ,�uly 23, 2002, as amended). The Housing Departme�t has r�Wiewed the application and certified that the property meets t�e eligibility criieria ta recei�e NEZ municipal prap�rty tax abatement. The NEZ Basic lncentives offers a five-year munici�al praperty tax a�ate�nent of the increas�d value of improvements to a deVeloperlawner flf any new home canstructed�withir� a NEZ. Upon execution af the Agreements, the total assessad �alue ofi each home in the Eastcrest 5ubdi�ision ussd for cafcuiating municipal property tax will be frozen for a five-year p�ri�d, starting on January 1, of the year folfowing the year in which th� home is sold, at the pre-impravement vaiue of each iot as defined by the_Tarrant Ap�raisal District (TAD) �n January �, 20p2, as follows: � Pre-lmprn�ement TAD Value of lrn�ravements $ -a- o. Pra-lm��ovement TAD Vafue af Land $1,QOO�per lot . • Total Pre-kmprovement TAD Value $1,OQ4 per lot �'ity of .F'ort yYorth, Texas Mayor �nd Cou�cil Commur��cat�o� �ATE REF�RENCEfVUMBE}�. LOU NAM� PAGE 9110102 � . Ca'� 9235 y-- �SNEZ I 2 of 3 sU���c� AUTHORIZATION TO ENTER 1NT0 TAX ABATEMENT AGRE�MENTS WITH THE _ � �ORT WOR�H HOUSII�G FINANCE CORP4RATION F4R THE DEVELOPfV�ENT OF SIXTEEN SINGLE-FAM11�Y H4MES �OR THE EASTCREST SUBDIVISIQN �.�CATED 1�1 THE STDP SIX NEIGHBORN(�QD EMP�WERMEI�T ZONE � Addr�ss 3140 Eastcrast Cou�t 3101 Eastcrest Court 3�04 Eastcrest Courk 3105 Eastcrest Court 3108 Eastcrest Court 39 p9 Eastcrest Cour# 3112 Eastcr�st Court 3� � 3 Eastcrest Co�rt 31'16 Easfcrest Court 3120 Eastcrest Court 3124 Eastcrest C�urk 3128 Eastcr�st Court 3'i 32. Eastcrest Ca�r� 3133 Eastcrest Cotark 3136 Eastcrest Court 3137 Eastcrest Court Leqa! Description Lot �0, Block '!, Eastcrest Addition L.ot 6, Block 2, Eastcrest Addition' Lot 9, Bfock 1, Eastcrest Addifion �at 5, Block 2, Eastcrest At�ditior� Lot 8, Block 1, Eastcrest Addition �.ot 4, Block 2, Eastcrest Addition Lot 7, Bfock 1, Eastcrest Addition Lot 3, Block 2, Eastcrest Addition Lot B, Block 1, Eastcrest Addition Lot 5, Block '{, Eastcrast Acidition Loi 4, B1ock 1, Eastcrest Add�tion Lot 3, Block 9, Eastcrest Addition Lot 2, Blvck 1, Easfcrest Addition tot 2, Blc�ck 2, Eas#crest Addiiia� Lot 1, Block 1, EastcrestAddition Lat 1, B1ock 2, Eastcrest Addifion FWHFC exp�cts ta complete�canstruction on or before June 30, 2ao�, and sell the sixteen homes to new owners. llpon the sale of each home �y FWHFC, the Housing Department staff will present the proposed assessment af the tax a�atement agreements to th� City Cauncil for appro�al if tF�e new owner meets all eligible criteria as �stated �in'the NEZ Basic lncentives. FWHFC will invest $1,6DD,�OQ to construct sixteen single-family homes in the Eastcrest Subdivision.. The focation of the praposed development,.typical elevation, and projecf ciescription are attached to this Mayor and Council Commun�cation. The municipal property tax a� the impraved� val'ue is estimated at $558 per house �er year or a total of $�44,640 over the �ive-year �eriod. � On August 13, 2002,� ti�e above proposa� was endorsed by th� Econom9c and Cammuniiy ❑evelopment Cammittee for Ci#y Council apprc��al. � Tne Easfcrest Subdivision is located in COUNCIL �1STRlGT 5. 6 �'ity af `.�'ori �o�th, ?`exas Mayor a�d Couhcii Gamrr�u�ic��ion C}A7E RE�'�R�IVCE fViJl41[�EE� WV f�AlVl� PAGE ' 91101D2 � ��'19�3a _� - -- � - -- 05NEZ �- 3 of 3 su��Ec�r AUTHOR1ZFs;T1DN TO ENTER INTfl TAX ABATEMENT AGREEMENTS W1TH THE �t�RT WORTH HOUSlNG FINANCE CORP4RATlON FOR THE DEVELOPMENT C}F ' SiXTEEN SINGLE-�AM{LY HOMES FOR TH� EASTCREST 5UB�IVISION LC�CATED , iN THE STOP 51X NEiGHBORHQ�D EMPOWERMENT ZONE FISCAL-{NFaRMAT10NlCERTIF{CRTIDN: � , The Finance Director c�rtifies that this action wil{ hav� no mate�iai effect on City funds. s � � 3u6mitted for Gity Manager's Office by: . 614Q �u�vn � .�ccovivT j {to) 4 C.ENTER � AMOYJNT � I � CIT�' S�CRETARY Reid Reator Qriginating Dep�rkment iiead: 3erome Wailccr Additionul Informat'ran Coutact: � l 7537 � (fram} derame Walker • 7537 � � I APP1tOVED 09/10/42 �