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HomeMy WebLinkAboutContract 28121C!`fY ���R�T��°� � U � �oNi'�A��r � � - -- - . . STATE OF TEKAS § "�' COUNTY QF TARRANT § � � � � I � �.� TAX ABATEMENT AGREEMEI�IT FOR PROPERTY L�CATED IN A 1�IEIGHBORHOOD EMPO�VERMENT ZONE This TAX ABATEIVIENT AGREEMEIlCT ("Agreement") is entered znto by and bc�tween the CYTY OF FORT WURTH, TEXAS (the "City"}, a home ra�e municipal carporation orga�ized under the laws of the State af Texas and acting by and t�rough , its duly authorized Assistant City Manager, and the Fort Worth Housing Finance Co:rporation, a non-profit housing develapment corporation, ("Owner"), acting by and through Jeroz�ne Walker, xts duly authorized Owners' Representa�ive. , � The City Council af the City af Fort Warth ("City Counci�") hereby finds and the City and �wner hereby agree that t�e iallowing statements are true and correct and constitute the basis upon which the City and �wner have entered into this Agre�ment: A. Chapter 378 of �he Texas Local Government Code allows a municipality to create a Neighborhood Empawerment Zone (NEZ) if the municipality determines that the creation of the zane would prornote: 1. The creati�n of affordable hausing, including manufactured housing in the zane; 2. An increa�e in economic development in the zone; 3. An increase in the quality of social services, education, or public safety � provided to residents of the zone; or 4. The reliabilitation of affordable housing in the zane. B. Chapter 378 of the Texas Local Government Code provides that a municigality that creates a NEZ, rnay enter into agreements abating municipa.l property taxes on property in the zone. C. On July 31, 2001, the City adopted basic incenti�es far property ownars wha own property located in a NEZ, stating that tl�e City elects to be eligible to participate in tax abatement and includirtg guidefines and criteria governing tax abatement agreements entered inta between the City and various third parties, titled "NEZ Basic •Incen�aves" ("NEZ Yncentives"}, which is attached hereto as Exhibit "A" and hereby made a part o� th.is Agreement for all purposes. D. The NEZ Incentives contains appropriate guidelines and criteria governing tax abatement agreements �ta be entered into t�y the City as conternplated by Chapter 312 of the Texas Tax Code, as amended (the `�Code"). . � � . , � E. On September 11, 2001, the Fort Wortfi City Council adopted Ordinance No. 14767 (the "Ordinance") eskablishing "Neighbarhood Empowerment Reinvestment Zone No. 1," City of Fort Worth, Texas (the "Zone"). F. Owner owns certain real praperty locatad entirely within the Zone and that is more particularly d�scrih�d in Exhibit "B", attached hereto and hereby made a part of this Agreement for all putposes (the `�Prernises"). G. Owner ar its assigns plan to construct the Required Impro�ements, as defined in �ection 1.1 of this Agreement and as described in Exhibit "C", on the Premises to be used for as a singie-family residence that will be owner occupied. (the "Project"). � H. Or� September 2$, 20d1, Owner submitted an applicarion for NEZ ineentivas and tax abatement tn the City conceming the contemplated use of th� Premises (the "Apptication"), attached hereta as Exhibit "D" and hereby made a part of Ehis Agreement for all purpases. T. The City Council finds that the contemplated use of the Premises, the Required Improvement�, as defined in Sectian 1.1, and the terms of this �greement are consistant with encouraging development of the Zone in aceardance with the purposes �or its creat�an and are in compliance with the NEZ Incentives, the Resolution and other applicable laws, ordinances, rules and regulations. J. The City Cvuneil finds that the terms of Chis Agreement, and th� Premises and Required Improvements, satisfy the eligibility criteria af the NEZ Incentives. K. Written notice that the City intends ta enter into this Agreement, alang with a copy of this Agreement, has been furnished in the manner prescribed by the Cade ta the presid�ng afficers af the governing bodies of each of the taxing units in which the Premises is located. NOW, THEREFORE, the City and Owner, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: 1. OWN��'S CO'�'E1�ANTS. 1.1. Real Prouertv Imnravements. Owner shall consiruct, or cause to be constructed, on and within the Premises certain improvements consisting of a single family residence, (x) af at least 1,200 square feet in size, and (ii) having a constructian cost upan completion af $ 6a,0a0 including site development costs but such minimum cons�ruction costs shall be reduced by any constructian cast sa�ings (callectively, the "Required Tmprovecnents"}. Owner cha11 pro�ide a survey of the completad horne showing Required Impr�.v�m�nts �,��re �i�e I home is sold. The parties agree that the final surv�y shall be a part ;�� fitt�5 �1������nt. ��d '� � a� � 2 . - -� sha]I be labeled Exhibit E. Minor variatians, and more substantial variations if approved in writing by b�t1z of the parties to this Agreement, in the Requir•ed Impro��ments from th� description pravided in the Ap�lication for Tax Abatement shall not constitute an Event of Default, as defined in Section 41, provided that the conditions in the first sentence of this Seckion 1.1 are met and the Required Improvements are used for the purposes and 'zn tk�e manner described in Exhibit "D". 1.�. Campletion Da�e af Required Imnravements. Owner co.�enants to substantia�ly complete construction of all of the Required Improvements within two years from the issuance and �eceipt of the building gernut, unless delayed because of force maje�re, in which case the two years shall be extended by the number of days comprising th.e specific %xce majeure. For purposes of this Agreement, force majeure shall mean an event beyond Owner's reasonable control, including, without limitatian, delays caused by adverse weather, delays in reeeipt of any required permits or approvals from any gavernmental authority, or acts of God, fires, strikes, national disasters, wars, riots and material oz` labo:r reskrictions and shortages as determined by the Ciiy of Fort Worth in its sole discretion, w�ich sha�l not be unr�asanably withheld, but shall not include construction delays caused due to purely �inancial matters, such as, without lim'itation, deiays in the obtaining of adequate financing. 1.3. Use of Premise� �wner cavenants that the Required Improv�m�r�ts shall be constructed and the Premises shall be sold so that it is contin�ously used as the primary rc;sidence af the Home Buyer in accardance with thc description of the Project set forth in Exhibit "D". In addition, Owner cavenants that througk�aut the Term, the Required Impro�ements shall be operated and maintainec� for the purposes set forth in this Agreement and in a manner that is consistent with the general purposes of encouraging developinent or redevelopment of the Zone. �. ABATEMENT AMOU1�iTS, TERMS AIiTD CO�DITIONS. Sub�ect to and in accardance with this Agreement, the City hereby grants to �wner a real praperty tax abatement on the Premises, the Required Itnpravements, as�specifically provided in this Section 2("Abatement"). "Abatement" of real progerty taxes only includes City af Fort Warth-imposed taxes and nat taxes from flther taxing entities. �.1. Amflunt of Abatement. The actual amount af the Abatement grantad nnder th�is Agreem�nt shall be based upon the increase in value oi the Premises and the Required Impravements over their values nn ranuary 1, 2002 and according ta tlte Tarrant �ppraisal District, this arnount is $1,000 the year i� which this Agreement was entered ir�t�: � -�8�� �.,. :. � - ' One Hundred percent {�OQ%) of the increase in value from the constructian o� the Required Impravements. If the tota� construction costs of the Required Improvements are less than as prr�vided in Section 1,1 of this Agreement, except that such minimu�n constructian costs shall be reduced by construction cost savings, Owz�er will not b� eligible. to receive any Abatement under this Agreement. �.� Terrn of Abaternent. The term of �he Abatement (Che �"Term") shall begin on January 1 of the year fallowing the calendar year in which the Required Iznprovement is sold to a Hame Buyer ta be used as its primary r�sidence ("Beginning Date")_a�td, unless sooner terminated as herein provided, shall end on Decernber 31 ianmediately preceding the fifth (5�h) anniversary of the Beginning Date. Upon the sale to a Home Buyer, City shall certify that the Required Impro�ements have been completed in satisfaction of the tez�ms of this Agre�ment. However, the Compiiance Auditing Term will begin c�r� the dat� this agreerrient is executed and wil� end on the expiration date of the Term. 2.3. Protests Ov�er Anprais�,�or Assessments. Owner shall have the right to protest and contest any or all appxaaisals or assessments of the Premises andlor improvements thereon. �,4. Abatement Ata�lication Fee. The City acknawledges receipt from Owner of the required Abatement application fee af twenty-five dollars ($25.OQ). 3. RECORDS. CERTIFIGATIQN AND EVALUATION OF PRO,IECT. 3.1. I�pe�tiqn af Premises. Between the executian date of this Agreernent and the last day of the Term, at any time during construction oi the Required Improvements and following r�;asonahle notice to Owner, the City shall have and Owner sha11 provide aceess to the Premises in order for the City to inspect the Premises and evaluate the Required Improvemenks to ensure compliance wi�h the -terms and conditions of this Agreement, . Owner shall coaperate fully with the City during any such inspection andlor e�aluatian. 3.2. Certif eatian � � -- 4 � . ��r Property Owner, and Home Buyer once the property is sold, shall �ertify annua�ly ta the City that it is in compliance with each applieable term of this agreement. The City shall have the right to auclit at the City's expense the financial and business recards af Owner that z'elate to Che Construction of the Project and Abatemer�t terms and conditions (collectively, the "Records") at any tirt�e during the Co�npliance Aurliting Term in order to determine compliance with this Agreement and to calculat� �the correct percentage af Abatemant available to �wner. Owner shall make aIl applicable Records available to the City on the Premises or at anather locatian in the City following reasonable advance notice by the City and shall otherwise coop�rate fully with the City d�ring any audit. 3.3. Provision of Information. On or before Fe�aruary 1 following the end of every year during the Compliance A,uditing Te�rn and �f requested by the City, Owner shall pro�ide infortnation and documentation for the previaus year that addresses Owner's compiiance with each of the terms and conditions of this Agrecment for that caiendar year. Failure ta provide all info�-matian within the control of Owner required hy thi� Section 3.3 shald eonstitute an Event af Default, as defined in Sectian 4.Y. 3.4. Det��mi�tion af Comnliance. On or before August 1 of each year during the Compliance Auditing Term, the City shall make a decision and rule on tha actual annual percentag� of Abatement available to Owner far the �ollowsng year of the Term and shall notify Owner of such decision and ruling. The actual percentage oi the Ahatement grainted for a given year vf the T�rm is therefar� based upon Owner's cflmpliance with the terms and conditions of tf�is Agreement during the previous year of the Comp�iance Auditing Term. 4. EVENTS OF DEFAULT. 4.1�, De�ned. Unless otherwise �pecified herein, �wner shall be in d�fault of this Agreement if (i} Owner fails ta canstruct the Required Improvements as defined in Sectian 1.1; {�i) ad valorem real property ta�ces with respect to thc Premises or �he Project, or its ad valorem taxes with respect to the tangible personal property locat�:d on the Premises, become delinqu�nt and Owner does not timely and �roperly follow the legal groceduzes for pratest and/or contest o� any such ad �alorem real property or tangible personaZ property taxes or {iii} Home Buyer does not use the Prernises as primary residence once the abatement begins (collectiveiy, each an "Event of Default"). 4.2. l�otice to Cure. IriF` 1�1:�1k':L'� � � t ' -,r 'qr�Er�r S � _ I 1. Subject ta Section 5, if the City deternunes that an Event of Default has occurred, Che City shall provide a written notice to Owner that descri�es the nature of the E�ent of Default. Owner shall have ninety (90} calendar days from the date of receipt of this written notice to ft�lly cure or have cured the Event of Default. Tf Owner rea5anably belie�es that Owner will require additional time to cure the Event�of Default, Owner shall promptly notify the City in writing, in wY�ich case (i) after advising Che City Counci� in an open meeting of Owner's effarts and intent to cure, Owner shall have one hundred eig�ty (180) caIendar days from the original date of receipt of the written notice, or (ii) if Owner reasanably believes that Owner will require more than one hundred eighty (180) days to cure the E�ent of Default, after advising the City Council in an open meeting of Owt�er's effarts and intent to cure, such additional time, if any., as may be o�fered by the City Council in its sole discretion, 4.3. Termination for Event of Default and Pavme�� af Lipuidated Dama�. If an Event of Defa�lt which is defined in Sectian 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 acknawledges and agrees that an uneured Event of De�ault wil� (x) harm the City's economic dev'elapment and redevelopment efforts on the Premise5 and in the vicinity af the Premises; (ii) require unplanned and expensive additional administrative �versight and in�olv�ment by the City; and (iii) athez'wise harm the Ciky, and Owner agrees that the ano.ounts of actual damages therefrom are speculati�e in nature and will be difficuIt or impossible to ascertain, Therefore, upon termination of this Agreement for any Event of Default, Owner shall not be eligibl� for the AbaCement %r the rema'ining 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 pa.id to the City in the absence of this Agreem�nt. The City and Ownex agree that thi� amount is � a reasonable approximaEion of actual damages that the City will zncur as a result af an uncured Event of Default and that this Section 4.3 is intended to pro�ide the City with campensation for actual damages and is not a penalty. This amount may be recovered by the City through adjustmen�s made to Owner's ad vaIarem property tax appraisal by the appraisal district that has jurisdiction over the Premises. Otherwise, this amaunt shall be due, owing and paid to the City within sixty (ba) days fallawing the effecti�e date of termination of this Agreement. In the event that all ar any partion of this amount is not paid to the City within sixty (60) days foilowing the effective date af termination of this Agreement, Owner shall also bc liable for all penalties and interest on any outstanding amount at the statutory rate far delinq��nt taxes, as determined by the Code at the time of the payment of such penalties and interest (currently, Section 33.01 of the Code). 4.�. Termination at Wiil. If the City and Owner m�atually determine that the developrnent or use af the Premises or the anticipated Req�ired Improvements are no longer appropriat� or feasible, or that a higher or better use is pref�rable, the City and Owner may Cerminate khis Agreement in a written format that is signed by both parties. In this event, (i) if the Tenrn . .. � 6 , + �I , , _1 � has commenced, the Term shall expire as of the effective date of the tezmination of this Agreement; (ii) there shall be no recapture of any iaxes previflusly abated; and (iii} neither party shall have any further rights ar abligations hereunder. 5. 6. City: EFFECT OF SALE� OF PRF�SES.. The Abatement granted hereunder shall vest only in Owner and cannot be assigned to a new owner af al] or any portion of thc Premises and/ar Required Unprovements without the prior written consent of the City Council, which consent shall not be unr�asonabjy withheld pro�idec� that (i) the City Council finds that the praposed assignee is financially capable af ineeting the terms and conditions of this Agreement and (ii) the praposed p�archaser agrees in writing to assume all terms and conclitions of Owner under this Agreement. Owner may not otherwise assign, lease ar convey any af its rights under this Agreement. Any attempted assignment without the City Council's prior written consent shall canstitute grounds for termination of this Agreement and the Abatement granted hareunder folIowing ten (10) calendar days of receipt of written natice fram the City ta Owner, In no event shall the a�iatement term be extended in the event ai a subsequent saie or assignment. I�OTICES. 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: ' Owner: City of Fort Worth Attn: City Manager 1000 Throckrnorton Fort Worth, TX 76102 i. NIISCELLAI�TEOUS. i1. Bands. Fort Worth Housing Finance Corporation 100Q Throckmorton Fort Worth, Texas 76i02 The Required Improvements wilI not be financed by tax increment bonds. This Agreement is subject to rights of holders of outstanding bonds of the City. 7.�. ContTiets of Interest. � l , 7 Neither the Premises npr any af the •Required Improvements covered by this Agreemem are owned or leased by any member of the City Council, any membeX af the City Planning or Zoning Commission or any member o� the governing body of any taxing units in the Zane. 7.3. Conflicts Between Documents. In the event of any conflict between the City's zoning ordinanees, or other City ordinanc�s or regulations, a�d this Agreement, such ordinances or regulations shall control. In the event of any conflict betw�en the body of this A�eement and Exhibit "D", the body of this Agreement shall control. 7.4. Future Annlication. A portion or all of the Premises andlor Required Improvements may be eligible for complete oc partiat exemption from ad �alorem taaces as a result of existing law ar future legislation. This Agreement shall not be � canstrued as evidence that such exemptions da not apply to ttze Premises anc�lar Requirad Improvements. i.�. Citv Cc�uncil Authorization. This Agreement was authorized by the City Council thraugh approval of Mayor and Council Communication No. an , which, among other things, authorized th� City Manager to execute this Agre�rnent on behalf of the City, '�.b. Estoppel Certificate. Any party hereto rnay request an estoppel certiiicate from another party hereto so Iong as the certificate is requeste�i in connection with a bona fide business purpose. The certificate, which if requested will be addressed to th� Owner, s�all include, hut not necessariiy be limited to, statements that this Agreement is in full force and effect without default (or if an Event of DefaulC exists, the nature of the Ev�nt of Defauit and eurative actian taicen andlor necessary to effect a cure), the remaining term of this Agreement, the le�els a�d remaining term of the Abatemenk in effeet, and such other mattcrs reasonably requested by the party or parti�s to receive the certificates. 7.7. Owner Standin�. Owner shall �e deemed a proper and necessary party in any litigation questianing or challenging the validity of this Agreement ar any of the underlying laws, ordinances, resoIutions or City Council actions a�thorizing this Agreement, and Owner shall b�; entitled to intervene in any such litigation. �.$. Ven�e and .Turisdiction. � ;, � This Agreement shall be �construed in accordance with the laws of the State of Texas and applicable ordinances, rules, regulations ar policies of �the City. Venue for any action under this Agreement shall lie in the State District Caurt of Tarrant County, Texas. This Agreement is performable in Tarrant County, Texas 7.9. Recardation. A certified copy of this Agreement in recordable form shall be recorded 'm the Deed Records of Tarrant County, Texas. . 7.10. Severabilitv. If any provision af this Agreement is held to be invalid, illegal or unenforceable; kk�e r!alidity, legality and enforceability of the remaining provisio�s shaIl nat in any way be affected or impaired. 7,11. Headings Not Controllin�. Headings and titl�s used in this Agreement are for reference purposes only and shall nat be, deemed a part of this Agreement. '�.12. Entiretv of A�reeme��. This Ageeement, including any exhibits attached hereto and any documents incorparated herein by reference, cantains t�.e entire understanding and agreernent between the City and Owner, their assigns and successors in int�rest, as to the matters cantained herein. Any prior or conternporaneous oral or written agrcernent is hereby declared null and void to the extent in conflict with any provision oF this Agreement. This Agreement shalI not be amer�ded unless executed in writing by both parties and appraved by the City Council. This Agreem�nt may be executed in multiple counterparts, each of which si�all be considered an original, but alI af which shall ca�stitute one instrument. � ,� : „ E. G� I.G.J EXECUTED thi�� da of � �� 2002 b the Cit af Fort Warth Y > Y Y � Texas. EXECi7TED -this �day of �,�� ���,.., b� � , 2002, by Fart Worth Hausing Finance Cozporatian. CITY OF FORT WORTH: � � By. / � �l � Assistant City Manager FORT WORTH HOUSING FINAl�TCE CORPORATI01�: �/. � r �"��`� J Je �ne C. Waiker ATTES'�: � �� B ���` '_ � -� �, ' _ y. �ity Secretary ' - -. - - - - -�- AT"I'EST: : APPRQVED AS FORM AND LEGALITY: By: : -=- — Cynthia Garcia � Assistarit City Attarney : - I M&C: ti , �. � r . l0 STATE OF TEXAS § COUNTY OF TARRANT § ,�J BEFORE ME, the undersigned authority, on this day personally appeared /[�fr� .�e[°'7c��, Assistant City' Manager of the CITY OF F�RT WORTH, a municipal carpora�ion, known to me to be the persan and of�cer whose name is subscribed to the foregoing instrurnent, and acknowl�dged to me that the same was the act of the said CITY �F FORT WORTH, TEXAS, a municipal carporation, that he was duly authorized to perform tY�e same by apprapriate Mayor and Cauncii Comrnunication of the �Gity Cauncil of Che City of Fort Worth and that he executed the same as the act of the said City for the puaposes and cflnsideration therein expressed and in the capacity therein stated. ' GIVEN UNDER MY HAND AND SEA-L OF OFFIC`E this f�day of ���-l�� , Zaoa. . ��,��.. ..t3�-- Natary Pubiic i� and for the State of Texas �'o �P �r� �A�Ne� Natary's Printed Name �.�� �p�� ROSEL�►A BARiVE5 �_° ��� NOTARY PUBLIG ����w �t�te�of Texas "��,`oF�,.�Comm, Exp. 03-31-2005 „. "" „ , �, �.,�.,.,:.„,.. ,„m,, , ,.� , . �' j'�'�� ���r��r J� u '�?' , ,,. :i il STATE OF TEXAS § COUNTY OF TARRANT � § BEFORE�, the undersigned authprity, on this day personally appeared� wG�.-, � C F t-�-�I �teY ��� of the Fort Worth Housing Finance Cozporation, a Texas non- prafii corporation, � 5 n ro me to be the person whose narne is subscribed to the foregoing instr�inent, and acknawledged ta me that he executed the same far the purposes and considera�ion therein expressed, in the capacity therein stated and as the act and deed af the Fart� Worth Housing Finance Corporation. • GIVE UNDER MY HAND AND SEAL QF OFFICE this ���4 day of .� �� �..-�� � � , 2002. � �� a� . , Natary Public in and for _ �..,.,-: -,,,,:,,-_�� the 5tate of Texas ,�-� --_:._.:_....-�_ _��_ � � ,�s��e�; WILI.IAMHE1MiT : . NfY COMMI55ipN EXPIHES � - ~'' �= Jarnla�y,z7� 20�3 „ Notar 's Printed Naxne ���`"�'��'�`'��"��� � �� . Y 12 Exhibit A: NEZ Incentives Exhii�it B: Property Description Exhibit C: Projact description including kind, number and location af the propased improvements. Exhibit D: Apglication: (NEZ) Incentives and Tax Abateinent Exhibit E: Final Survey . � I, 13 �f�/,�� f � � CITY a� �'ORT INORT}� fVEIGH�ORHOOD EMP4WERM�Ni' ZON� (NE�} BAS1C INCENYIVES Adopfed 6y the Fart Worfh City Council on July 39, 2009 (M&C G93208 R) Amended by the Fort Worfh City Council an Apri! 2, 2D02 (M&C G-93580), July ,23, 2002 (M&C G-13682) f. G���RA� PURP05� AAID O�J�CT1V�5 Chapte� 378 of fhe Texas Locai Go�ernmenfi Code aflows a m�nicipality to create � Neighborhood Empowerment Zone (NEZ) when a"...municipality determines tl�at the creation of the zone would prornofe: (� ) the creation of afFordable housing, inc[udEng manufactureci housing, in fhe zone; .(2) an increase in eeonamic de�elopment in ihe zane; {3) an increase En fhe quality of social services, education, or public safiety provided to residents of the zone; or ' (4) fhe rehabiiitation of affordable housing in the zar�e." Tne City, by adopting the follawing incentives, wili promote afFordable F�ousing and economic c�evelopment in the NEZ. NEZ incerttives will not t�e granted after the NEZ expires as d�fined in the resolutio� designating the NEZ. �'or each NEZ, the Cify Council may appra�e additional terrns a�d incentives as permitt�d by Chapter 378 of #he Texas Local Gavernment Code or by City Council resolution. However, any tax abatement awarded before the expiration of a NEZ shall carry its ful[ term according to its tax abatemenf agreement a}�proved by the City CoUncil. . As mandated by state law, �he property tax abatement under fhis policy app�ies to fhe owners o� real propErty. Nothing in the pol�cy shall be consirued as an ob�igaiion hy �he Ci�y of I�ort laVor�h to approve any tax abatement application. II. ���If�iTIOf�S "Abafemertt" means the �ull or partial exemption from Cfty �f Fort Worth ad �alorem taxes on eiigible pro}a�rties for a period of up to 10 y�ars and an amount af up to 900°/fl of the increase in appraised value (as reflected on the certified tax roll of the appropriate counfiy appraisa! district} resulting frorn improveme�ts. Eligib�e properties m�[st be located in the N�Z. "Base Ualue" is the vaf�e of the pro�erky, excluding fand, as determined by the Tarrant County Appraisal D�strict, during the year r�habilifation occurs. "Building Standards Comm_ission" is the commission created under Sec. 7-77, Arficle fV. Minimum Buiiding Standards Code ot the Fo� Worth City Code. "Capifal Inuestmenf" includes only real properiy impravements such as new faci[ifies and structures, sife improvements, facility expansion, and facilify mod�rnization. Capitaf fnvestment does NOT include land acquisition costs ancE/or any existing improvemenfs, or personaE praperty (such as machinery, eq�ipmenf, antllor sUpplies and inventory). "City of Forf Wotth Tax Abatement Policy Statement" means the poliey adop�ed by City Council on �ebruary 29, 2000. "CommerciaUlndusfrial Development Project" is a developmertf project which propases fo construct or rehabilitate commerciallind�strial �acilities on property fhat is (or m��ts the requirements to be) zoned cornm�rcial, industrial or mixed use as defined by the City of Fork Worth Zoning Ordinance. "Communrfy Facilify Developmenf Project" is a development project whic� prQpasEs to construct or rehabilitate community �facilifies on praperty that allows such use as defined by the Cify of Fnr� Worth Zoning Ordinance. "Elig�ble Rehabilifatian" includes only physical improvements to real property. E[igible Rehabilitation does NOT ir�clude p�rsonaf property {such as fum[ture, appliances, equipment, andlar supplies). � "Gross Flaar Area" is measured by taking i�e outside dimensions of fihe building at each floor le�el, except that portion of the basement used onfy for utilities or storage, and any areas within the building used far off-street parking, "Minimum Bullrling Standards Code"�is Article IV of th� Fort Wor�h City Code aaopted pursuant to Texas Local Governmenf Code, Ghapters 54 and 214. "Minorify Business Enferprise (MBE)" and "Women Business Enferprise {WBE)" is a minority or woman owned business tha# has received certi�Fcation as either a ee�tified MBE or cer�ifiec� WBE by eifiher the North Texas Regional Certification Agency (NTRGA) or the Texas Department of Transportatian (TxDot), Highway Di�isi4n. "Mixed-Use Develapment Projecf" is a devef�pment project whicF� �ro��ses to construct or rehabilitate mixed-use �acilities in which residentiaE uses constitute 20 perceni or mare of the tatal gross floar area, and ofFice, eating and entertainment, andlar r�tail sales and service uses cons#ituf� 10 p�rcent or more of the total gross floor area and is on property thai is (or meets the requiremen#s tn be) zaned mixed-use as dascribed by the Cif�r of Fort War�h Zoning Ordinar�ce. "Multi-family Development Project" is a development project which proposes ta canstrucf or rehabiiitate mu[ti-family residentiaf living units on �roperty fhat is {or meets the requiremer�ts to Eae) zaned muiti-family or mixed use as defned by the City of Fort Wor�h Zoning Ordinance. "Reinvesfinent Zone" is an ares designated as such by the City of Fort 1Nor�h in aceordance with fhe Property Redevelopment and Tax Abatement Acf codified in Chapter 312 of the Texas Tax Code, or an area designated as an enterprise zone �ursuant to the Texas Enterprise Zone Act, codified in Chapt�r 2303 af the Texas Government Cade. � !�. MUNICIPAL PF�OP€RTY TAX A�AiEIV[�Rl7S ��SID�N�[A►L PRO��R�I�S L�Cr4TED IM A NEZ. FU�� ABATENi�N� �OR 5 Y�AI�S 2 �. For residential praperty purchased before N�Z designatian, a hom�owner shall be efigible ta apply for a tax abatement by meeting the following: �. a. Property is owner-occupEed and fhe prim�ry resic[ence af the homeawr�er prior fo the fina[ NEZ designation. Homeowner shall �rovide proof of awnersF�ip by a warranty deed, affdavit of heirship, or a probated will, and sha[I show proaf of primary residence by homestead exempfion; and b, Homeowner musf perfarm Eligible Rehabilitation on the prop�rty after NEZ designation equal to or in excess of 30% of fhe Base Value of the prop�rfy; and c. Property is not in a tax-d�linquent status when the abatement a��lication is submifted. 2. For residential pro}�erty purchased af#er NEZ designation, a homeowner s�all be eligible to apply far a tax abatement by meetir�g the following: a. Property is newly construeted or rehabilifated aft�r tY�e date of final NEZ � designation; and � b. Prnper#y is owner-occupied and is the primary residence ofi th� F�omeowner. Homeowner shall p�-ovide proof of ownership by a warran#y deed, affidavit ofi Y�eirsl�ip, ar a probated wil�, and shall show proof of primary residence by hamestead e�emp�ion; and c. For reha�ilitated propsrty, Eligible Rehabilifation costs o� the praperky shall be equal ifl or in excess af 30°/n of �he Base Value of the proper�y. Th� seller or owner shall provide the City information to suppart rehabilitatian costs; and d. Property is not in a tax-delinquent stat�s when t�e abatement applicaiior� is submitted; and . e. Praper[y is in confiarmance with the City of Fort Warth Zaning Ordi�a�ce. � 3. �or ir�vestor owr�ed singla famify prop�rty, an invesfar shall be eligible to apply for a tax abatem�nt by meeting the foliowing: a. b. e. d. Properky is newly construct�d or rehabilitated by the investor after NEZ designatian; and For rehabifi�ated praperty, Eligibl� R�habilitation costs an the property shall equal to or in excess of 30% of the Base Value of the properly; and Property is not in a tax-delinqueni status when fhe abatement application submitted; and � Property is in conformance with the Ciiy of Fnrt Worth Zaning Ordinance. be is fwUl�iI�F�4M1�.Y A�V��OPIV��R�T PROJECT'S LOCAi�� IA� �► N�� 'i . Full Abafement fior 5 years. En arder to �e eiigible for a property tax aba�ement, upon campletion, a newly cans#ructed or rehabili#ated multi-farnily de�eiopment project in a NEZ musf satisfy th� fiollowing: , At least fwenty percent {20%) of the total �nits constructed or rehebilitated shall be affordable (as defEned by the U. S. Department of Ha�sing a�d Urban De�efopment} to persons with incames at or below eigE�fy percent (SO%) of area median income based on family size and such units shall be set aside for persons at or below 80°/n of the median income as defined by the U.S. 3 Department of Housing and Urban Development. City Council may waive or reduce th� 20% afFardability requirement on a case-by-case basis, and (a} For a multi-�amily deve�opment project constructed after NEZ designation, the projecf must pravide a# feast fi�e (5) residential iiving units OR hav� a minimum Capital Investmenf of $2Qp,00Q; or (b} Far a rehabilitation projecf, tF�e property must be reF�abilitated after NEZ d�signation. Eligible Rehabilitation costs on the property shal! be at least 3D% of the Base Va�u� of the proper�y_ Such Eligible Rehabifitation costs must come from fhe rehabi�itation of af least five (5) resider�tial IEving units or a minimum Capita] lnvestment af $2DO,D00. 2. 1%-100% Abatement of City Ad Valorem taxes up to 10 years Ifi an applicant applies for a tax abafem�nt a�re�ment with a terrxz ot more fhan five years, this s�ction s�all apply. Abatements for multi-�family deveiopment projects far up ta 10 years are subject ta City Council appraval. The applicant may apply witf� the Ho�sing Depar�ment for such abafement. Years 1�hrouah 5 0# the Tax Aba�ement Aareemen� Multi-family prajects shall be eligible for 1 a0% abaiement of City ad valorem taxes far y�ars one #hrough five of fhe Tax Abaf�ment Agreemenf upon tne satisfaction af the following: Ai least twenty percent (20%) of the fotal u�its construct'�d or rehabiiitated shali be affordabie (as defined by the U. S. Department nf Hou�ing an� Urban Development) to persons wit� incomes at or below eighiy percent (84%) of area median income bas�d on fiamily size and such units shall be set aside for persons at or belaw 8a% of the median income as defined by the U.S. Department of Housing and Urban Development. City Council may waive or reduce the 20% affordability requirement on a case-�y-case basis; and a. For a multi-family de�efopment p�o�ec# constructed after NEZ designation, the }�roj�ct must pro�ide at feast fi�e (5) residential [iving units OR hav� a minimum Cap[tal In�estm�nf of $20D,Oflq; ar b. For a rehabilitation project, the property musf be rehabilitated aftar NEZ designatian. Eligible Rehab[litatian cas�s fln the property sha�! be at �east 30% of the Base.Value of the praperty. Such Eligible Rehabi[itation casfs must come from the rehabilitation of at least fi�e (5) residential living units ar a minimum Capifal In�estment of $200,000. � Years 6�F�rouah 10 of the Ta�c Abatemen# �4qreeme�t Mul#i-fiamily projects shail be eligible for a 1-10�% abatemenfi of City ad valorem taxes for y�ars six through ten of the Tax . Abaterrrent Agreement upon the satisfaction af the following: a. At feast twenty percent (20%) of the total units constructed or rehabilitated shall be affordable (as ��efineci by the [J. S. Depar�ment of Housing and Urban �evelopment) to persons with incomes at or b�low eighty percent {8Q%) of area 4 median income based on family size and such units shall be set aside for persons at or below 8a°!o of the median income as defined by the �.S. Department afi Housing and Urban DEvelapment. Cify Ca�ncil may waive or reduce the 20% affordability requirement an a case-by-case basis; and 1. For a multi-family development projecf constructed �fter NEZ designation, the project must provide at least five (5) res�tiential li�ing units OR have a minimum Capitaf lnvestment of $240,000; or 2. For a rehabllitation }�roject, the properiy must be rehabilitated after NEZ designafian. Eligible Rehabilitation costs on the property shall be at leasf 30% of fhe Base Va�ue of fhe property. Such �figible Rehabiiftation costs r�usi come from the rehabilitation of at least five (�) residenfial fiving units or a minimum Capital Invesfinent of $200,000. b. Any other terms as City Cauncil o# the City of Fort Worth deems appropriate, inclu�ing, but no# limi#ed to: 9. utilizatian of For# Worth companies for an agreed upfln �ercentage of the tatal costs for constructian contracts; 2. utilization of certified rninority and women owned �usiness enferprises for an agread upart percentage of the tota! costs for construciion ean�racts; 3. proper�y inspectior�; 4. commit to hire an agreed upon �ercentage of Fort Wor�i� resi�ents 5. commit ta hire an agreed upon percentage of Central City resid�nts 6. landscaping; . 7. tenant se[action plans; and 8. management plans. C. �CAIVIM�RCIA�, IN9USYRi,�o� kiV� COM![�lIUNIYY �ACILITI�S DEVELOPM�RlY PROJECTS LOCAT�A IN A Al�� 1. Ft�li Abatement for � years. In order to b� eligible for a property tax abat�ment, a newly constructed or rei�abilitated commerciallindustrial and commur�i#y facilities development project in a NEZ must satis#y the folfowing: a. A commerciaf, industrial or a community facilities development project constructed after NEZ designation must �ave a minimum Capital Investment of $75,OQ0; or h. For a rehabififatifln project, if must be rehabilitafed after NEZ designation_ Eligible Rehabififation cosfs on #he property shall be af least 30% of th� Base Value ofi the praperty, or $75,000, whichever is greater. 2_ 1%-100% Abatement of City Ad Valarem taxes up ta 1 Q years If an applicar�t applies for a tax abatemeri# agreemenfi with a term of more fhan fi�e years, this section shall appFy. Abatement agr��ments for a Commercial, Indusfrial and Community �acilities Devalopment projects far up to 10 years are subject to City Councii approval. Th� � applicar�t may apply with the Economic and Community Development Department for such abatement. Years 1 throuah 5 of the Tax Abatement �4qreemeni Commercial, lndustriaf and Community Facilities Development projects shafl be eiigible for �00% abatement nf City ad �aiorem taxes for �h� frst five years of the Ta�c Abatement Agreement upon the satisfactian of the follawing: a. A commercial, irrdustriaf or a commur�iiy facilities cfevelopment project canstructed after NEZ designatio� must have a minimum Capitaf Investment of $75,0�0; ar b. �ar a rehabilitation project, it must be rehabilitated after NEZ desEgnation. �Iigible Rehabilitation costs on the praperiy shall be at leasf 30% af the Base Value of the properly, or $75,000, whichever is gr�ater, Years 6 thro�qh 10 of ff�e Tax Abatement Aqreement Commercial, Industrial and Community Faciiifies Develapment prajects shall be eligible for 9%-100% abat�menfi of Gity ad valorem taxes for y�ars six through ten of fhs Tax Abatement Agreemenf upon the satisfactian af the fallowing: a. A commercial, i�dustria! or a community facilities development projecf constructed after NEZ d�signation musfi have a minimum Capital In'vesfinent of $75,DQ0 and must maet the requiremenfs of subsection (c) below ; or �. For a reha�ilitatiart p�oject, it must be rehabilitated af#er NEZ designation. Eligible Rehabilifatian costs on th� property s�all be at least 30% of the Base Value of the praperiy, ar $7�,OOD, whichever is greater and me�t the requirements of subsection {c) below. � c. Any at�er terms as City Councii of the City o�F Fort Wor�h deems appropriate, including, but nat limitet! to: - 1. utilization of �ort Worth campanies. for an agreed upon percentage of fhe tofai casts fior construction cantracts; 2. �filization ofi certified minority and women owned busin�ss enterprises fior an agreed upon percentage of the total. casts for construction can�racts; 3. commit to hire an agreed upon percentag� of Fart War�l� residents; 4. comrnii #o hire an agreed upan percentage of Central City residents; and 5. iandscaping.. D. IVllX�b-US� �EVE�OPM�Ni PROJECTS �OC�i�D [IV A N�� 1. Full Abatement for 5 years. !n order to he efigibfe for a property tax abatement, �pon campletion, a�ewly canstructed or rehabilitated mixed-�se development project in a NEZ must satisfy the folfowing: a. Residential uses i� the �roject constifute 20 percenf or more ofi tF�e tota! Gross Floor Area of the proj�ct; and b. Office, eating and enteriainment, andlor retail sales and service uses in the }araject constitute 10 percent or more of t�e to#al Gross Floor Area of the pro1ect; and 0 {1} A mixed-use development project canstructed after NEZ designation must have a mir�imum Capi#a[ Investmer�t af $200,OQ0; or (2) �or a rehabiiitation project, it must 6e rehabilifafed. after NEZ designatior�. Eli�i�le ReF�abiliiation costs on the property shaN be.at least 3fl% of the Base Value of fhe property, ar $200,000, whichever is greater. 2. 1%-100% Abatem�r�t of City Ad Valorem taxes up to 10 years If an applicant applies for a tax abatement agreement with a term of more than fi�e years, this sec#ior� shall apply. Abateme��s agreements far a Mixe� Use Developme�t projects for up fo 10 years are subjecf to City Council approval, Tne appficant may apply with fhe Economic and Communi#y Develapmer�t Department foT s�eh abatement. Years 1 fhrouqh � o�i the iax E#batement Aqreemen� Mixed Use Develapmenf }�rojec�s �haq be �ligible far 10Q% abaiement of Ci�y ad valorem faxes for fhe first five years of the Tax A�ateme�t Agreemet�t upon the satisfacfion of the folfawing: a. Residential uses in the proj�ct canstifute 2Q percent or more of the total Gross Floar Area of the project; and b. Office, eating and enterfiair�men#, and/or retail sales and service uses in fhe praject constitute 10 perc�nf or more of the total Gross Fiaor Area of the project; and - c. A nerry mixed-use de�elopment pro3ect constructed after NEZ designafion must have a minimum Capital In�estment of $200,0(}0; or for a rehabilitaiion project, it must be rehabilitated affer NEZ c��signation. EEigible Rehal�ilitation casts an the property shall �e at least 30% of the Base Value of fhe praperty, or $200,000, whici�ever is greater. Years 6 throuah 1Q of the Yax,�ba�Eement Aqreement Mixed Use DeveEopment projects shaU be eligible fior 1-900% abatement of City ad valorem taxes for years six tFtt'ough fen of the Tax Abat�m�nt Agreemenf upon th� safisfactian af the following: a. Resfdentiai uses in the project constitute 20 percent or more of the total Gross Floor Area of the project; and b. Office, eafing - and enter#ainment, andlor retai! sales and . service uses in the prc�ject constitute � 0 percenf or more of #he total Gross Floor Area of fhe projecf; c. A new mixed-use d�veEopment prajaci cans#ructed af#er NEZ designation must have a minimum Capital Investment of $200,000; or for a rehabilitation project, it must be rehabilita#ed after NEZ designation. Eligible Rehabilifation cnsts on the property sF�all be af leasf 30% af the Base Value of the praperty, or $200,QOQ, whichever is greater; and d. Any other ferms as City Council of the City af Fort Worth deems appro�ria#e, incl�dmg, but not limited to: 1. utiiizatian of Fort Warth companies for an agreed upor� percentage nf the total costs far canstruction�contracts; 7 2. utilization of certified minority and women awned business enferprises for an agreed upon percenfage of the tofal costs far construction contraefs; 3. praper�y inspection; �4. cammit to hire an agreed upor� percentage of Fort Worth residents 5. cammit ffl hire an agreed upon perceniage af Central City residents 6. landsca�ing; 7. tenant selection plans; and ' 8. management plans. �. ABAT�iVIEfdT GUID�LIAI�S �. �f a NEZ is located in a Tax Incr�ment Financing Districf, City Council will determine on a case-by-case basis �f fhe tax abatement incentives En Section I!i wil� be offefed to eligible projects. Eligibl� projeets must meet ai! eligibility requirements specified in S�ction III. � 2. !n order to be eligible to apply for a tax abatement, the property ownerldeveloper must: a. Not be de[inque�t in paying property taxes for any �raperty owned by ff�e owner/developer ; and b. Not have any City afi �ort Worth liens filed agai�st any property awned by tha appficant property ownerlde�eloper. "Liens" include, but are not limite� #o, weed liens, demolition liens, 6oard-uplapen sfructure li�ns and pa�ing liens. 3, Praperties under a contract for deed are not eligibie for tax abatemenf. 4. Once a NEZ property owner of a residential property (including mu[fi-farnily} in the NEZ satisfies i�he criteria set for�h in Sectians III.A, E.1. and E.2. and appl'[es for ar� abatement, a pra�erty owner must enter into a tax abafem�nt agreemenf with the Cify of Fort Wort]�. Ti�e tax abatement agreement shafl at�tomatically termina�e if the property subjec# to the fax abatem�nt agreement is in violation of the City of �ort Worth's Minimum Buil�ing Standards Cade and the owner is convict�d of suctt violation. 5. A tax abatement granted under the criteria set forth in Section II�. can onfy be granted once for a prap�rty in a NEZ for a maximum term of as specffied in the agresment. If a property on which tax is being abat�d is said, the City wil[ assi�n the tax abatem�nt agreement for the remaining term once the new owner submits an application. � fi. A property ownerlclevefoper of a multifami�y development, cammercial, industrial, community facilities and mixed-use deve�opment prajact in the NEZ who desires a tax aba#emen# under Secfians III.B, C or D must: a. Satisfy the criteria set torth in Sections IEI,B, G ar D, as a�plicable, and Sections fII.E.1 �.2; and �3. and b. File an ap�licatian wi�h the Housing Depar#ment or the Economic and Community De�elapmenf Department, as applicable; ar�d 0 c. The praperty owner must enter inta a tax abatement agreement with the Cify of Fort WorEh. In addifion to the other t�rms of agreement, the tax abatement agreement shall provide that the agraement shall automaticaliy terminafe if the flwner recei�es ane con�iction of a violation of the City of Fort War�h's Minimum Building Standards Code regarding fhe proper�y subject to the abatement agreement during fhe term of the tax abatem�nf agrEement; and d. If a prope�y in the NEZ on which tax is being abated is sold, the new owner may er�fer i�to a tax abatement agreemenf on ti�e pro�erty for fF�e remaining term. F. A�P�IC�TIQPII��E 1. The application fee for residentia� tax abatements go�erned under Section iILA is $2�. 2. The application fee for multi-famify, commercial, industrial, community facilities and rr�ixed-use development proj�cts governed under Sections III.B, C:1 and D.1, is one- haff af one percent (�.�%) af the proposed prajecf`s Capital investment, not #o exceed $1,000. The application fee wiif be refunded upon iss�aance of certificate of frnal occupancy and or�ce the property owner enters into a tax abatement agreement with the City, Otherwise, ff�e Applicat�vn Fee shal� not be credited or refunded to any party fot' any reason. IV. FF� WA[V�FtS A. ��ICIBL� f��C1PI�,NTSIPRO��RTIES 1. !n order to be eligible ta apply fior fee waivers, fhe property ownerldeveloper must a. Nat be delinquent in paying prope�ty taxes for� any prop�rty awned by the owner/developer or applicant; and b. Not have any City fiens filed against any property owned by the applicant praperty own�rldeve�aper, including but not limited to, weed lie�s, demolition fiens, baard- up/open structure liens and paving [iens. 2. Properties under a contract for desd are nat eligible for development fee waivers. 3. In o�der far De�elopment Fees andlor Impact F'ees to be waivad for new cons�ruction or rehabilitation projects �ocated in fhe NEZ, a praperiy awner musf submit an appfication to th� City. � Approval of the applieation and waiver of fhe fees shall� naf be deemed �o be appraval af anv asaect of the proiect. �efare constructiort, the at�plican� musf ensure tha� the proEect is locaied in �he correct zonina dis�ricf. �, D�VELO�IV��NT F'EE5 Once tne Application for NEZ Ir�centives has been approved by fhe City, the follawing fees for services perFormed by the C�ty of �ort Wo�h for �rojects in the NEZ are waived for new construction prajects or rehabilifafion �rojecfs that expend at least 30% of the Base Val�e of fhe proper-ty on �figible Rehabilitafion costs: �7 1. AI� buiiding permit reiaied fees (including Plans Review and Insp�ctians) 2. Plat application fee (including concept plan, prefiminary pla#, tinal p�at, shor� form repfat} 3. Board of Adjus�ment application fee 4. Demolitinn fee 5. Structure mo�ing fee 6. Community Faciiities Agreement �CFA) application fee 7. Zoning application fee S. Street and utility easement vacation applicatiort fee Ot�ter de�elopmenf relafsd fees not specifiiecf abo�e will be cansid�red for approval by City Council on a case-by-case basis. C, 1 ilA PACT I��� 1. Single family and multi-family residential development projecfis in the NEZ. Automatic 100% waiver of wafer and wastewater impaci fees will be applied. 2. Commercial, industriaf, mixed-use, or cammunity faciii#y de�eio�ment p�ojects in the N EZ. a. Au�omatic 100% waiver of wafer and wastewat�r impact fees up io $55,000 or eq�ivalent �o two 6-�nch meters far each commercial, industrial, mixed-use or community facility d�vefopmertt project. b. If the project requests an im�act fee waiver exceeding $5�,000 or requesting a waiver for (arger and/or more than iwa 6�inch meter, then City Counc[I appro�al is required. Ap�licanf may request the addi#ianal amaunt of impact fee waiver thro�gh the Hausing Department. V. �t�LEAS� �� CITY I�[�NS The following City liens may be released for eiigible praperties or projects in a NEZ: A►. W��� 1�I�IVS Tf�� fallawing are eligibfe to apply �or release of weed liens: 1. Single unit owners perfarming re�abiEitation on th�ir properti�s. 2. Builders or developers construc#ing new hornes on vacani lots. 3. Owners pertorming rehabilitatEan on multi�family, commerciaE, industrial, mixed-use, or community faciEity properties. • 4. Dev�lop�rs canstructing new muEti-family, comme�-cial, industrial, mixed-�se ar communiiy facility devefopment projects. �. pEMQLIi�QI� !�l�NS '[ D Builders ar developers dev�loping or rehabifitafing a properfiy are eligilafe to apply for release of d�molitian lier�s for up #a $30,000. Re[ease of demalition lie�s in excess ofi $30,000 is subject to City Council approval. C. BOA�i�QUP10PEN STRUGTLIRE L1ENS The following are eligible to apply for release of board-uplopen structure liens: �. Single �nii owners performing rehabilitatian on their properties. 2. � Builders or deve�opers constructing new singfe family homes on vacant Iats. 3. Owners performing rehabilifafion on multi-family, commercial, ind�stria[, mixed-use, ar community facility properties. 4. Devefopers cansfr�cting mu[ti-famiiy, commercial, industria[, mixed-use, or cammunity facility projects. D. ��►VING LIEf�S The following are eligibl� to apply for release of paving liens: 1. Single unit o.wners perfarming rehabilita#ion on #heir �roperties. 2. Builders or developers cor�structing new homes on �acant lots. 3. � �wners performing r�habilitation on multi-family, commercial, ir�d�s�rial� Rl[XP.Cj-US�r or community facili#y praperties. 4. � De�elopers canstructing mufti-famiiy, commercial, industrial, mixed-use, or comm�nity facility projEcts_ �. �LI('sfB�E RECIP[�NiSlPRQP�FiTf �S 1. ln orrler to be eligible to a�aply for release af City liens, the pra�erty awner/�eveloper: a. mus� not be delinquent in paying property taxes for any pro�erty owned by the ownerlde�eloper , b_ musi nat have been subject to a Building Standards Commission's Order nf Demalifion where the property was demolished within the last �ve (�} years; and c. musf not ha�e any City af �ort Worth fiens filed against any other properEy owned by the appiicanf praperiy ownerld�velaper. "�iens" includes, but is nnt iimi#ed #o, weed Eiens, demolitiart liens, baard-upbpen structur� lier�s and paving liens. 2. Properties under a contracf fior deed are r�ot eligible for release of City liens. 1l1. PROCEDUI�L SYE�S A. A�PLICAT'IOi� SU�fVi[S51�f� 1. The applicant for NEZ incentives �nder Sectians fII.A, B, C. D., IV, ar�d V musf complet� and s�bmit a City of Fort Worth "App[ication for NEZ Incentives" and pay tf�e appropriafe appfication fee to the Ho�sEng Department or tha Econorrzic and Community Developmen# Depar�ment, as applicable. 19 2. The applicant for ineenti�es under Sections III.C.2 and D.2 must afso complete and submit a City of Fort Vllorth "Appfication far Tax Abatement" and pay the appropriate application fee to fhe Economic and Community Development Depar�ment. The appfication fee, review, e�aluafion and approval w�ll be go�erned by City of FQr� Wor�h Tax Abatement Palicy Statement for Qualifyi�g DeveloprrEent Projects. �. C�RTIFiCATIO�IS �OR A�P�.1C�4�iOMS UN��� S�CiIOPIS E11.A, �, C.1, �.1, 11l', �IVC] V �. The Housing Departmentwifl review the appficafion for accuracy and completeness. Once com�lefie, Ho�s�ng Departm�nt will cer�ify eligibility of the application based an the criteria set forth ir� 5ection IIL A, B, C.1, D.1, IV, and V af fhis �oficy, as applicable. Once ar� applicatian is certified, the Housing Departmen# will inform appropriaf� departments administ�ring ff�e incentives af�aut the certified appfication. An orieniaiion meeting with City departments and the appficant may be scheduled. The departments include: a. Hausing Department: property tax aba�ement for resider�tial properties and muEti- family develapment projects, refease of City fiens. b. Economic and Community De�elopment DeparEment: property tax abatemer�t �ar cammercial, industrial, community facifities or mixed-use develaprnenf projects. c. �evelopment Department: d�velaprnent fee wai�ers. d. Water Department: impact �Fee waivers. e. Other appropriate departments, if applicable. 2. Once Development �epartment, Water Department, Econom[c and Community De�elopment Depar�ment, andlor other appropr�ate department receive a cer#ified app[ication from the Housing Departrrtent, eacF� ciepartmen�loffice shall fill out a "Verification of NEZ Incentives for Certifiied NEZ Incenti�es Applicatian" and reiurn it to the Hausing Department for record kesping and tracking. C. �lPPL.ICATiOf� REVI�W AR�D �VALUATI�IS �OR APPLICA�'10[VS 1. Property Tax Abatement for Residential Propert�es and Multi-family Developmenf Projects � a. For a completed and certified application for no more than fi�e years of �ax abatement, wifF� Council ap�rovai, the City Manager shall execute a tax abatement agreement with fh� applicant. b. Far a cflmpleted and cerkified multi-family development project application for more than five years of fax abat�ment: {1 } The Housing Depar�ment will evaluate a campletec� and ce�tified application based on: (a) The project's increas� ir� the vafue of the tax base. (b) Costs ta the City (such as infrastructure participatian, eic.}. (c) Percent of canstruction contracts committed fo: (i) For� Worth based tirms, and (ii) Minarity and Women Owned Business Enterprises {MIWBEs). (d) Oth�r it�ms which may be negatiated �y the City and the applicant. '12 (2} Consideration by Cauncil Committee. Based upon the oufcome of ihe e�aluation, Hausing Depar�ment may preser�t the appfication ta fhe City CounciPs Ecor�amic Development Committee. Should fhe Housing Department present the appiication to the Economic Development Commiftee, the Commiftee wil! consider the applicatian at an open meeting. The Committee may: (a) Ap�rave the ap�lication. Staff will then incorporaf� the application into a tax abatement agreement which will 6e sent to the City Council with the Committee's recommendation to approve the agreement; or (b} Request modifications to tFie application. Housing Departrr�ent staff wili discuss the suggested madifica#ions with the applicant and then, if ihe requested madificafians are made, resubmit the madifi�d application ta the Committee for cor�s�derafior�; ar (c) peny the application. The applicant may appea! the Cammittee's finding by requesting tY�e City Council to: (a) disregard the Committee's finding and (b) instruct city staff to incorporate the application into a tax abaiement agreement for future consideration by the City Counci[. (3) Consideratian by the City Cauncil The City Counci[ retains sole autnority to approve or deny any tax abatement agreem�nt and is under no obligatian to approve any tax abatement application ar tax abatemenf agreement. The City of Fo�t Worih is under nQ obligation to provide tax abatement in any.amo�nt or value to any applicant. c. E�'ective Date for Approved Agreeme�is All tax abafements appraved by the City Council will became efFective on January 1�f the year following the year in which a Certificate of Occupancy (C�) is issued for the qualifying development project {unless atherw�se specified in the tax abatement agreement). Unless otherwise specified in the agreement, taxes levied during the cflnstruction of t�te proj�ct shalf be due and payable. 2. Property Tax Abatement for Cammercial, fndustrial, Community Faciliti�s, and Mixet�-�se Developmenf Projects a. For a compEeted and cer�ified applicatian for no more than fi�e years af tax abatement, with Counci] approval, the City Manager shafl execute a tax abatement agreement with the applicant. b. �'or a completed and certified application for more fhan five years of tax abateme�t: (�} The �conamic and Community ❑evelopment Department wili evaluate a eompleted and eeriified application based on: � (a) The project's ir�crease in the value o# the tax base. (b) Costs to the City (such as intrastructur� particFpation, etc.). {c) Percent of consfruction contracts comrr�itted to: (i) Fort Warth based firms, and (ii) Minority and Women owned B�siness Enterprises (MIWBEs}. (d) Ofher items whic� may be negotiated by the City and the applicant. 13 (2} Consideration by Council Committee � Based upon the outcame of the evaluation, the �conamic and Comrr�t�nity Development Departm�nt may present the applicafion to the City Council's Econamic De�elopment Committee. SF�auld the Economic and Community De�elopment Depar�ment present the applicaiivn to the Ecanomic Development Committee, the Committ�e w911 consider the application at an open meeting. The Committee may: (a} Approve the application. Siaff will then incorporat� the application into a tax abatement agreement wf�ich will be sent to the City Council with the Committ�e's recommendatio� to approve the agreement; or (b) Request madificatians ta the application. Ecanomic and Community Development Department staff w�ll d�scuss the suggested modificatians with the appficant and then, if fhe reauested modifications are rr�ade, resubmit the modifie� application to #he Committee for consideration; ar (c) Deny the app�icatinn. The applicant may appeal the Committee's finding by requesting the City Council to: �a} disregard the Committee's finding and (b) instruct city stafF to incorporate the appficafian inta a tax abatement agreement for future consideration by the City Council. (3) Consideration by the Cify Council The City Council retains sale authorify to approve or deny any tax abatement agreement anc! is under no obligatiran ta appro�e any #ax abatemeni applica#ion nr tax abatemen� agreement. Tf�e City of Fart Vllorth is under no � obligatian to provide tax abafement in any amounf or value fio any applicanf. c. Effective Date for Approved Agreements All tax abatements appraved by fihe City Council will become effective on January 1 of the year.following th� year in which a Ceriificate of Occupancy (CO} is issued for the qualifying devela�mer�t praject (uniess otherwise specified i� #ne ta� abatement agreement). Unless otherwise specified in the agreement, ta�ees I�vied during the construcfian of the project shall be due and payable. 3. Developm�nt Fee Waiv�rs a. For certified applications of development fee waivers that do not require Cauncil apprava�, the De�elopmeni Departrnent will review t}�e c�rtified applicant's appGcatio� and gran# apprapriate incen�ives. b. For certified applications of development f�� waivErs that require Council a�provai, Gify stafF will review the certified applicant's appfication and maice appropriate r�commendations ta tne City Council. 4. Impact Fee Waiver a. For certified applicatians of impact fee waivers that do not require Council appro�al, the Water Departmenf wili review the certified applicant's application and grant appropriate incenfi�es. 14 b. For cer�ified app�icafions of impact fee waiWers t�at reguire Councif appraval, th� Waier D��artment wil� review the certified appNcant's application and make appr'opriate recommendations ta the Gity Council. 5. Release of City Liens For certified applications of release af Cify fiens, the Hausing Department will release the appropriate li�ns. 1I11. OYHER R[JLFS PERiAfNIAIG TO �ROP�RTY f�4X /��AT�IV��iV�' �. RFCAPTUR� If tF�e terms of fF�e fax abatement agreement are not met, the City Cour�cil has the right to cancel or amend ihe abatement agreement. In the e�ent of cancellafion, the recapfur� af abated taxes shall be limifed to tF�e year(s) in wF�ich the defaulf occurred or continued. �. INSPECiION AND �IIVAA[C�AL V�RIFICATI0�1 �QR MULTI��AlV�1LY, COfMIfE���iCIALI lfV�US�R1�L, COMIV�UNfTY �ACILI'�'l�5 AND IVIIX€�oUS� ��V��.QF��VI�IVi �ROJ�C�S The terms of t�e agreement s�aN inc[ude the Ciiy of Fort Worth's right to: (1) re�iew and verify tl�e applican#'s financial statements €n eacY� year during the life of the agreement prior fo granting a tax abatement in any given year, (2} conduct an on site inspection ot the project in� each year duri�g the lEfe of fhe abatem�nt to �erify camp[iance wifh ii�e terrrts of the tax abatement agreement. C. EVALUAiI�fV 1��Ft NlllLila�AMC�Y, COM�Ii�RCIALI IAI�USiRII��, �OIVffl�UNlil( F/�CI�E fl�S �#N� MIKED-[JSE R�VI�LOPMI�Rli PROJECTS Upon. complefion of c�nstrucfion of th� facilities, �he City shall no less �han annualfy e�aluate each project receiving abafement #o insure compliance with the terms o# the agreement. Ar�y incidents of nan-compliance wifl be reported to the Cify Cauncil. Dn or before Fe�ruary '�st of every year during fihe life of �he agreemeni, any individual or enfi�y receiving a tax a6afement frorr� ihe Ciiy o� Fort lfilorth shall provide informafian and doeumentatior� which de#ails fF�e property owr�er's cornpliance with fhe terms af the respective agreement and s�all certify that the owr�er is in cnmpliance wit� each applicab�e �erm of �he agreement. �ailure fo repori this fnformation and #o provicte the requir�d cer�i�ication by tlte above deadline shall resu�t in cancellation of agreement and any ta�ces abated in fhe prior year being due and paya6le. D. �FF�C� O� SA��, ASS�GNii��NT OR ���5� O� ��OP�RTY If a property in the NEZ on w�ich tax is being abated is sold, th� new owner may enter into a tax abatement agreement on the �roperty tor the remaining term. Any safe, assignmenf or lease of the prope�ty which is naf permi#ted in the tax abatement agreement results in cancel3afion of the agreeme�t and recapture of ar�y taxes abated after the date on which an unspacified assignment occurred. 1� VIIL � fH�� 1MC�I�TIV�S A. Plan re�iews of proposed de��lopm�nt �rojects in the NEZ will be expedited by the Develapment Departme�t. �. The Cify Council may add the following incentives to a NEZ in the Resol�tion adopting the NEZ: � . Municipal sales #ax refund 2. Homebuyers assistance 3. Gap financing 4. Land assem�ly 5_ Con�eyance of iax foreclosure properties 6. Infrasfruct�re improvements 7. Su}�por�for Law Incame Housing Tax Credit (LlHTC} app[ications 8. Land use incentives and zoning/bufldi�g code exemptions, e.g,, mixed-use, density bonus, par�cing �xemptian 9. Tax Increment Financing (TIF) 10. Pub[ic lrnpro�em�nt District (P1D) 11. Tax-exempt bond financing 12. New Model Bfacks 'i3. Loan guarantees 1�. Equifiy irtvestments � 5. Other incentives that will efFectuate th� intent and purpases of NEZ. 16 Exhibit B 3� 32 Eastcresi Court Lot 2, Block 1 Eastcrest Addition Exhibit e Project Descriptinn Sing[e Family Residence 90% �rick Veneer 1500-1900 square feet 3 Bedroamsl2 Baths Two car garages Arched 11Vindows at Fror�t o# House Front Yard Landscaped . Microwave with built-in Vent-A-Hood Wood Burning Fire Place Buil�-in Security System Computer Area with CPU & Printer with a dedicated tefephone line Vauf#ed Ceiling in Master Bedroom and Li�ing Roam Frer�ch Doors Separate Tub/Shower in Master Bathroom Garden Tub in Mater Bathroom 4 , �QRT�ORTH � ���� � Application Na. �� [� � � � � erzy oF Fa�.x wo�Tx � �iEIGHBflR�3�QD �NIPOWERM�NT ZONE (N�Z) FROGRAM PROJECT CERTI�`�CATION APPLxCATION �'O�tM B FOR �VESTQR OWNERS (SINGLE F�Y ONLY) x. A,PPLTCATTON CHECK LTST � _Please submit ihe_ follawving dr��umentation wit� each prapefiy request-ed: '' ' �� �] A completed"app�icati.o���o�n � �'� �`9�>t= �-', Y • � �. ::� - �,.� ;,,�,;[�_, ; 1� Iis� a�:�11.pr�perGieS�a�ed..by the applic�t in Fort W'or�ii � � Application fee of ��5.�0 (for ta� abatement agplicatians �anly) � ❑ Proof Q� avcrners�i�, such as � tivazxanfy deed} afficiavit af heirship, dr a pra�aied will -�R . evidence of site�con#xol, sueh•as option to b�y - � -� � ❑ Title absiract�a�t�e�propertsr.�4ptio7nal�� = � � � ' ' For 12ehabilitati4n P'r`oiecfs Oniv: . . ;❑ �or a pra�eci im the plannzng stage, please s�bmzt a coz�ar�leted set of Re�abi�itaiion � ' .. .��(Remodel� Plan and a Iis.t o£ eti�ible.r�Iaab�itaiio�i_.c.osts'�: �(for applications o£ ta� ..-. abatexnents and development fee r�vaivexs for rehab projecis orily) ❑ 4nce a project is complet�d, please submit prao� o���ie eligzble rehabilita#ion co�ts* such � as invoices, cont�aots, or receipts. (fax applications o�' ta� abatemen�s an��) � �; . . * Eligihls zehabilitafion includes anly pl�ysica� improverrxents to real property. It daes N`OT include persona� property such as furniture, apgliances, equzpmeni, and/ar su,ppiies. Total e�igible rehabiaitat�on costs shaII eq�al . to or exceed 3�°fo of the T,axrant Go�rn.ty Appzai�at Disirict (TAD}.ap�raised value of the stiucture during ths yeaz rehabi�ita.tion occurs. _ . - ��. n, App�icattt / AGIENT T.�I'Fi�RMATI�N ! — , — — —• — — — — �— • — —� - 1. Applicani: � 2. Con�act Per�on: . ��c�r���}��h��1l�a�+���u . � ��,�1� ��'� 3. � Adc[ress: � �.�,��.�t�--�� � .�d�Sf" �7� � � T iDZ ' . Street r ` C�ify. Sta�e_ Zip � . 4. Phane no.: F�/7 - �71�-�3%3° _ � _ 5. Fax �+To.: ;�/7��� -i�1� �. ��: ����� D�c�.�����-�� 7-Y: vs - - � - � 7. Ageut {if anY) . " $: Adc�ress: - :- - -- � - - - . - -.. .. - - -- -. . . . . - Sfireet - - -. City - State - Zfp- - � r. 9: Plxone no.. .�_ �. � 10. Fa� No.: � � 1 �. �+ m�il: � .. = Tf y�� nEed fu��er info�-mati�n or ciar'ifiicaf�on, piease contact Chun-Y Lu at ($�'T} �'�Z-73�Z � or� . Sea Cuxa at (817} 871-Sd3b. , ' � � ,.�, 1 � �`o�.T �oRTx �� iTI. PR�PERTY ELIGIB�I,IT'Y 1. Plea.se lisf down the addresses and legaI descriptions af the propert� wherc you are app�yi�ag f�r NEZ i�ncentives and other proper�ies �ou own in Fort Worth. At�ac3� metes and baunds desc�ripfion xf no address or legal descripiio.zx is avaiiable. Tahle 1 . Property� Or�nershi.p �.ddress . I (Proj�ct Locaiion) � ' � _ Zip Legal DescripT�on -- - Cade ��bdxvision Lat Na rBXock No. - -- �� - - - - , - � � ���,% � . �� -- ,�; _ _ � - � - ..�_ - . ' �'�� � ��►►�r��� - �. � �� � + � . . . - I . - - - - - j.- -. .-.- - - -- - I - - �- � -� -- - - - _ -- r- - - - �,- . - -- . - _ - - --+ (�lease att�cE� additaonal sheets of paper as needed.) � � - � ��. �ar e�.ch properties listed iri Tab1� 1;•please ch�e+ck fhs baxes below to incticaie if: . o there are taxes du�; or j� �� ' . � th�re are Cxty Iiens; or �� � o yau have been subjec� to a Building S�ndards Camrnission's �rder of D�molition whare the property vvas d�molisheci within the �ast five years. �¢ � T�ble 2 Property 'I'a�es and CYty Lieus � .' , A�ddress i Frdperfy �i#y Liens on Proper�y -� . .:.,xr•�- -_ � ;y:.: �. Ta.��S •,��Weed Soa�d-up/Open:;..Demolition•� Paving Or.derof•. . , ," .. , . ` . �� �'�.. ; , - :; -:Due •� �ieas "Stucture Liens -- I,�iens ��_ -�+ Liens � . Der�olitior�� � . � - � �� . �- � � � I � . F�=.k "`7' . '�''. . ' - ' ' �[g ,'+`S':'� �,�f���:,..1_�:f t -�:Sa .' —�-",�" i� — � ,_.� �_ _ . �� - � � _��- _.��»- -_ ���� o-�. � -- . . o, ..� _� . . -a : _��� ❑_ � __o � . � . . -- - �� o .-��- ��_� .: � -=o � -- � +�� �-� o = o - � - _ � . . � , _ i - - - - - - _ - � _ � _ o� �-o-�� o.�.o � o. f o . . _, o - o , - o -. . � ., .,__ , � . _� � o , � , . � o -.�._�� <<__..to._.=- . o_ __ �_ _o � _ -- � -o__ __o � o _ o _ o � - o �� 1 � �. .(Please attach add'z�ionai sheets of paper as needecl.} •� _ _i �. Dn you own other �roperties u�ader other nazzies? ❑ Yes,�,�Yo � If Yes, p�.ease speci� 4. Dnes the proposed develapment co�foxm �th Ciiy of Fart'Worth Zonizzg? +0 �'es S. Is��his propertiy� u.nder a contract for r�eed? 0 Yes �l�To 2 ❑ No .. o ~�•. � F � �`aRT �1V4RT`H 6. Ha.s the cansirueti�n on �he praperty been cornplei�d or is it 4n �he pla�ning s�Eage? Wk�at type of consiruction? ❑ Canstr�ction Cambleted i� Under Construc�ion �In Pla.nni.n� Sta�e ❑ New Coz�struction 0 Rehab ❑ New Construction �� Rehal� � New Cc�nstruciian [] Rehab 7. Tf the construc�ion on the praperty has been campleted when ihis applicaiion is submitted, �han rvas the work done? � 8. . Sf it is a rehab propext�, does (or wi�l) fhe rehabilitataon wark� done o� the proparty ec�uai to at least 30°!o af the Tarraa�t County AppXaisal TJistric# (T.AD) assessed value af the sixuciure during �e yeax xehabiIitation (remod��ed} occurred? ❑ Yes ❑ Na *Only p�Zysical impxoveznents to real property is eligible. DO NQT include personal pxvperty such as furniturea a.pp�ia.�ces, equiprnez�t; andlor supplies. ;�.� �h� IN�NTiVES — — — — — � ; � ; .. . . . . ` ,. � � � } . _ �. _ A. _1..'GVhat•inceniives are yau apPl�ing far?; � _ �� . - . . � N,��iticipaI P]roUertY Tax Aba.ie�et�t5 �F'� ' � � � � Dev�i�opment �ee Waivea�s � f� All buil�ing permit related'fees (including P�ans Review aind Ins�ections) . � Haw much is yo�ti total developmei�t costs? $; j� ���� �� � Hov�r xnuch is the tatal square foatage of �our proj ect? �,����„ 5qu�'� ��et ' �. .� .� Plat applicatiom fce (i��Iu�ing concept plan, preliminary p1at, final plat, short farm�replat) � Board ofA.dj�stment a$plica#iort fee [] Demolitio� fee . µ [] Structure mnving fee � � .� . � C`omm.unit�, Facilities:Agr'eeznent-{�FA:} appliEa�ion:%�.. , • .� . _ -• b. . � � � �oning a.pplication fe�e � � � � - � � . . .: � . . . � Street aizd utility easemez�t � � ZiaAact Fee Wa�vers . � �. �xnpact fee waiver �t � , . �Vletez Si�e ,�� How ma.ny m�ters? �� . . . ReIease of Citv �iens ❑ ��Veed �iens . . � ❑ � Board up/open siar�ictuxe liens . . .' [] � Derriolitiaz� liens . ' . ; � � _ ❑ Pavang Iiens ._, _. _ _ _, —., _. _, — , — -- - —, u r 3 F�aRT �ORTH i V. ACKNOWLEDGMENT� i � — — —" — —� — — -- — _ I hereby certify thaf t�� �'o�atian pxovided is true and accurate to the best ofmy knowledge. I hexeby aclaiowledge that T have received a copy of NE� Basic Iz�centives, which overz�s ihe abaternents, f�e��,�y�r� �� ���ease of City lien:s, and ihat az�y VZOLATION af the tem o�the I�Z Basic Inc�nti�es or MI�R.EpRESE�ATIi3N shall aoz�stitute ground� for reje�tion af an app�icaiion or t�rmination of zn.centives.a� the disc�etion of the �ity, � I understand that the apprav�� of fae waivers and ather incentives shalI not ba de�rned to be approva] of any aspect af the projact. I understand �hat I ari� r�sponsible in obtainirig rec�uired pe�nYts and imspeciions frpzxi t.�e C�fiy and i� ��5�g .�� pxo�ect is located � the correct zoni.ng district. I a�ee to provide any addit�onal infnrmation for deter�xiining eIigibi�ity as requested by the City. �~��t � C. ����;�' . . . ,: � - - � - - ��'�_�f��� � �. (T ED N�) {ALTT ORIZED S�GNATURE) � _ ' ` � ���� - ) - ��-- - �� - � - - — - _ . . - ,. - . . ' � _' x' = ' ' ��4�;�6t 17C:11� �:f'k. ilp' ' - . -- ;'_.� _ F . . , c:��a�� }-our:Ef��riic�at�no.t,�:- � . - . . . k''�'.- I--- _ r�x�'--, �'i .. .{:.'1L5` lF�.���l�i'i ����.1�!"it;.J�-i�f�ll�Sllf�.L�C�)rl#'IiTi�i1� . . -� . -'.._ .'��_i - . . - _ -- . I�li��t}. I'f�r-ot•lc���;,x•Eui� �ir•rr�. f i�r•� �'k'�br.lF�; '�'�.s:tc.�#;i��? . _. _ =:�:1_-_= - .. � .. {.R�.?}#�;1-7i�#; .� � . � . . _-" � . �: -�:�. — _ . _,,. �� - -_-- - .`� . __ � _ I:u�'�`��:���i.�'�r�t�-��crrzf�.���.�s�� � � � :�=y L���, ` ' ' • � � - �� = — � --.--�� . ��--�=�-.�. . E�ectronic version ofthis form is available byrer�uest, pleas� oall 817-87�_7381 to request,a copq, .-- -- Fox Office lrlse Only __ .__ -- --- — -- -- — , ��ppli�a#ion Nn, �'j�(,''�` � 6 � � vcrhiah NE�? � TAD ID - � �i� Coizform witkh Zoning? "Q.Y�s � �No � � Contract �'or deed7 . ❑ Yas - � �• - .[]� No T�e? � �f .New constr�ction ❑ �eh�.b Can,str�ctian completion date? ❑ Before NEZ .�� �Z � O�vnershig � � Yes�� �] Na Rehab at or hi gh e r t h a n 3 0%? ❑ Yes ❑ No Consistent with fi,��e I�TEZ pZan? � Yes Tax c�.iirent on this. ro e? � � N� p P�' � Yes ❑ No Tax cur.rent o� other properties`? � Yes`' [] No .• . City iiens on ihis properiy? City lie�s`on�otherproperties? � Weed liens ❑ Yes � Na � Weed Ziens . � Board-ug/apen str�ctttre lien� . ❑ �'es � No � Ye� � No � Board-u /o en structure Iiens .• Demalition Iien� �� 0 I'e� � No • ❑ Yes X[� No � Deii�oli�an liens ❑ Yes �/] No � Paving Iiens ❑ Yes � No � Paving lzens ❑ Yes � No o Order of demo�ition ❑ Yes Q No � Order of demolition Certified? ❑ Yes , ❑ ��s � Na ❑ Na Gertzfied by . Date certi�cation iss�.ed? ���� �� 7ino� certi�ed, reason r � Refexred to: [�Economzo Developrr�ent �Housin — _ _ . g �Development �,Water ❑Cade rp�r — — — — — -- — — �- _, ; Revised August 23, zoUl • ' � 0 � �'ity of ' 1�'0. Yt �Yo�th, Texas Mayor a�d Counc�l Communica-tion �A7E REF�R�NCE NIJMBER LOG NAME PAGE � 91� 01�2 Ca19235 I . 05NEZ�- 1 of 3 suB��cr AUTH�RIZATION TO ENTER INTO TAX ABATEMENT AGREEMENTS WITH THE � FORT W�RTH H�USING FiNANCE C4RPORATION FOR THE DEVELOf'MENT O� SiXTEEN SiNGLE-�'AMILY HOMES �OR TH� EASTCREST SUBDlV1SI�N LOGATED 1N THE STOP SfX NEIGHB�RHOOD EMPOWERMENT ZONE � RECOMMENDATION: lt is recommended that the City Councif: Approve the Fort 11Vorth Housing Fina�ce Carporation (FWHFC) applicatior� for Municipal Property Tax Abatement for the Eastcrest Subdi�is�on; and . 2. Find tF�at the statemenfs set forth in tY�e recitals of the atiached Tax Abatement Agreements (the Agreements) with �WHFC are true and correct, and • 3. Authorize t�e City Manager ia ente� into iax abatement agreements wiih �WH�C far the develapment of sixteen sir�gle-family homes in the Eastcrest 5ubdivision located in ihe Stop Six Neig��orhood Empowerment Zone (NEZ), in acc�rdance with the NEZ Basic incentives. D15CU5510N: The FWHFC is #he developerlowner of iF�e Eastcrest Su�bdivision in the 4700 Black of Eas# Berry Street and Eastcrest Caurt lacated in NEZ Na. 1: � � I The FWNF'C a�plied for municipal property tax abatement �tr�der the NEZ. Basic Inceniiv�s (M&G G- i32a8R dated ,lune 5, 2Q02, M&C G-'l3580 dated April 2, 2002, as amended, and M&C G�136fi2R dated July 23, 2002, as amended). The Housing Department has r�viewed the application and certified that the proper�y mee�s the eligihility criteria to recei�e NEZ municipa! p�-operty tax abaterr�ent, The NEZ Basic Incentives offers a fiva-year municipal praperty tax abatement af the increased value of improvements t� a developerlowner af any r�ew hom� constructed�within a NEZ. � LJpon executian of the Agreements, the total assessed vali�e af each F�ame in the Eastcrest Subdivision used for calculating municipal �rop�rty tax will be froz�n far a fv�-year periad, stariing on January 1, of � the year falfowing the year in wh�ch the hame is sald, at the pre-improvemen# �alue of eact� �o� as c�efned by the Tar�ant A�praisal Districi �TADj on .�anuary 1, 2002, as follows: � Pre-lmprovement TAD Value of lmproveme�ts $ -D- �. Pre-im�rovement TAD Value af Land $�,OOO�per iot .. � Total Pre-lmprovement TAD Value $1,DQ� per lat City of .�'o�t l�Vo�th, �'exas M��or �nd Cou�c�1 Communica-tio�n l7ATE REFERENCE NUMBER. LOG NAME PAGE 91101a2 . C�� 9235 �_ fl�NEZ � 2 of 3 SUBJEGT AUTHORIZATION TO ENTER INTO TAX ABATEMENT AGREEMENTS WITH THE ' FORT WORTH H�USING FINANCE GORP4RAT10N FOR THE DEVELOPMENT OF SIXTEEN 51NGLE-FAMILY H4ME5 �OR THE EASTCREST SUBDIVISION L4CATED lN THE ST�P SIX NEfGHB4RHOOD EMPOWERMENT �ONE �__ Address 31 a0 Eastcrest Court 310� Eastcrest Court 3� 0�4 Eastcrest Court 3105 Eastcrest Court 31 �8 Eastcresi Caurt 31 p9 Eastcr�st Cpuri 3112 Eastcrest Court 3113 Eastcresf Court 31 � 6 Eastcrest Court 33 2Q Eastcrest Court 3124 Eastcrest Court 3128 Eastcrest Court 3132 Eastcrest Court 3'! 33 Eastcrest Court 313fi Eastcrest Court 3137 Eastcrest Caurt Leqal Description �.o� 10, Black 1, Easicrest Addition Lot 6, Bloclt 2, Eastcrest addition Lot 9, B1ack 1, Eastcrest Additian Lot 5, Block 2, Eastcrest Addition Lat 8, Blaclt 1, Eastcrest Additio� �ot 4, Block 2, Eastcrest A�dition Lot 7, Block �, Eastcrest Addition Lat 3, Blocf� 2, Eastcrest Addition Lat 6, B1ock 1, Easfcrest Atldition Lot 5, Block �, Eastcrest Addition Lot� 4, Bloc�C 1, Eastcrest Addition Lot 3, B1ack 1, Eastcrest Addition �ot �, Block 1, Eastcrest Additio� Lot 2, Black 2, Eastcrest Addifion Lot 1, Black �, Eastcrest Addition Lot 1, Block 2, Eastcrest Additian FWH�C expects to compl�te consfiruc#ion on or before .lune 30, 2003, and sefl tY�e sixteen hames ta new owners. Upon tt�e sale of each home by FWHFC; the Ho�sing Depariment staff wil� p�esent th� proposed assessment of tha tax abatement agreements to th� City Cauncil far agpro�al if the new owner meets all eligible criteria as �stated �in �the NEZ Basic Incenti�es. �WHFC will invest $�,600,004 ta canstruct sixteen single-family hames in the Eastcrest Subdi�ision.. The locatian of the proQosed develapment, .typical elevatio�, and project d�scription are attached to tt�is Mayor and Council Cflmmunicatian. The municipal properly tax on the improved value is esfimated at $558 per house per year or a total of $44,64� a�er the five-year period. � On August � 3, 2002, the abo�e proposal was endorsed by th� Econamic and Community Development Committee for City Council appraval. Tne Eastcrest SubdEvision is loca�ed in COUNC�L D15TRICT 5. City o. f'�'o�t l�orih, Texas Ma or ar�d Cour�c�[ Gor�rr�unicatior� y � -- - - DATE " REFER�NCE NUMBEl� LOG NAME �AGE � � 9i� aroz C�� 9235 �SNE� � � 3 of 3 SIJB.]ECi' AUTHORIZATiON TO EN ER lNTO TAX ABATEMENT ACREEMENTS W1TH THE FORT WORTH HOUSfNG FINANCE C�RPORAT��N FOR THE DEVEL�PMENT OF ' SfXTEEN SINGLE-FAM11�Y HOMES FOR THE EASTCREST SUB�IVISION LDCATED iN THE ST�P SiX NEIGHB�RHOOD EMPOWERMENT ZONE _ FISCAL INFORMaT10N/CERTlFiGAT{ON: The �inance �irector certifies that t�is actio� will have no material effect on City funds. I�:i�i Submitted for City Manager's Ofiice by: Reid Rector Origin�ting Department Hesid 7erome Walker AdditionAl Infarmation Cantuct: Jerbme Walker I �UND � ACCOUNT ' , (to) 614D � � I I 1 � l � 7537 � (from) i �s�� � � CENTEIt � AMUiJN'X' I CITY SECRETARY � ApPA�VLD 09/101Q2 � - � 1