HomeMy WebLinkAboutContract 44715 CITY°SECRET „ �
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TAX ABATEMENT AGR-EEMEN FOR PROPERTY LOCH
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EMPOWERMENT ZONE
1809 Alston Avenue
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into b y and between the
CITY OF FORT WORTH, TEXAS (the "City"), a borne rule municipal corporation organized under
the laws of the State of Texas and acting by and through T.M. Higgins, its duly authorized Assistant City
Manager, and Shawn Fite ("Owner"'), owner of property located at 1809 Alston Avenue, Block K Lot 12
Bellevue Hill .,addition an Addition to the City of Fort Worth., Tarrant County, Texas, according to the
pilat recorded in Volume 1 6, Page e 3 , of the Plat Records, of Tarrant County, Texas..
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and Owner
hereby agree that the following statements are true and correct and constitute the basis upon which the
City and Owner have entered into this Agreement:
A, Chapter 378 of the Texas :focal Government Code allows a municipality to create a
Neighborhood mpowen-ent Zone NEZ if the municipality determines that the creation of'
'the zone would promote:
(1) e creation of affordable housing, includin Manufactured housing in the gone
T
(2) An increase in economic development in the zone;
(3) An increase in the quality of social services, education, or public safety provided to
residents of the gone; or
(4), The rehabilitation of affordable housing in the zone.
B. Chapter 378 of the Texas Local Goveniment Code provides that a municipality that creates a
NEZ, may enter into agreements abating municipal property taxes on property in the zone.
Ce, on July 31, 2001, the City adopted basic incentives for property owners who own property
located in a NEZ,, stating that the City elects to be eligible to participate in tax abatement and
including guidelines and criteria governing tax abatement agreements entered into between
the City and various third parties, titled "NEE Basic Incentives", these were readopted on
May 21, 2013 Resolution No. 4209).
The NEZ Incentives contain appropriate guidelines and criteria governing tai abatement
agreements to be entered into by the City as contemplated by Chapter 312 o f the Teas Tax
"ode, as amended ("Code").
On December
, 2010, the City Council adopted ordinance No. 1 9463 "Ord n.ce"'�
establishing"Neighborhood Empowerment Reinvestment Zone No. 5R," City of Fort Worth,
Texas ("Zone").
F. Owner owns certain real property located entirely within the Magnolia Village NEZ and that
is more particularly described in Exhibit "I", attached thereto and hereby made a part of this
Agreement for all purposes (the "Premises").
0 OFFICIAL RECORD
FF I C I AR]ER D,
L CO
RECEIVED A[JG
CITY SECRETARY
'NEZ Tax Abatement with Shawn Fite for 1809 Alston,FT
Page , of
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Go U,wner or its assigns plan to construct the Required Improvements, as defined in Section 1.1
of tNs Agreement, on the Premises, to be used as a single-family residence that will be
Owner occupied.
H, On June 20, 2013, Owner submitted a complete application for NEZ incentives and for tax
abatement to the City concerning the contemplated use of the Premises the "Application"'),
attached hereto as Exhibit"2"and hereby made a part of Us Agreement for all purposes.
11 The City Council finds that the contemplated use of the Premises, the Required
Improvements, as defined in Section 1.1, and the terms of this Agreement are consistent with
encouraging development of the Zone in accordance with the purposes for its creation and
are in compliance with the NEZ Incentives, the Ordinance and other applicable laws,
ordinance,,.;, rules and regulations.
jo The terms of this Agreement, and the Premises and Required Improvements, satisfy the
eligibility criteria of the NEZ Incentives.
K. Written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement, has been furnished in the manner prescribed by the Code to the presiding
officers of the governing bodies of each of the taxing units in which the Premises,is located.
NO THEREFORE, the City and Owner, for and in consideration of the terms and conditions set
forth herein, do hereby contract, covenant and agree as follows.-
1. OWNER'S COVENAN'TS,
1.1. Real ro ver Mp grove ments.
Owner shall co�ns,truct, or cause to be constructed, on and within the Premises certain
improvements consisting of a single-family residence, of at least 2489 square feet in size and built
to the specifications listed in Exhibit "Y (collectively the "Required Improvements"). Tarrant
Appraisal District must appraise the property (improvements and land) within 1.0% of
$:126,500.00. Owner shall provide a survey of the home upon completion of -the Required
Improvements., The parties agree that the final, survey shall be a part of'this Agreement and shall
be labeled Exhibit "4"'. Minor variations and more substantial variations if approved in writing by
both parties to this Agreement -before construction is undertaken in the Required Improvements
from the description provided in the Application for Tax Abatement shall not constitute an Event
of Default, as defined in Section 4.1, provided that the conditions in the first sentence of this
Section 1.1 are met and the Required fmprovernents are used for the purposes and in the manner
described in Exhibit "Y'.
NEZ Tax Abatement with Shawn site for 18,019 Alston Avenue
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Ilk"Al
Co eon Date of Required Improvements*
Owner certifies that the Required Improvements will be completed within two years from the
issuance and receipt of the building permit, unless delayed because of force majeure, in which case
the two years shall be extended by the number of days comprising the specific force majeure. For
purposes of this Agreement, force majeure shall mean an event beyond Owner's reasonable control
as determined by the City of Fort Worth in its sole discretion, which shall not be unreasonably
withheld, including, without limitation, delays caused by adverse weather, delays in receipt of any
required permits,or apipirolvals from any governmental authority,, acts of God, or fires. Force ma cure
shall not include construction delays caused due to purely financial matters, such as without
limitation, delays, in the obtaining of adequate financing.
1.3. Use of Pre •se,s.
Owner covenants that the Required Improvements shall be constructed and the Premises
shall be sold so that it is continuously used as the primary residence of the Home Buyer in
accordance with the description of the Project set forth in the 'Exhibit "Y'. In addition, Owner
covenants that throughout the 'ens, the Required Improvements shall be operated and maintained
for the plurp s,es set forth in this Agreement and in a manner that is consistent with the general
purposes, of encouraging development or redevelopment of the Zone.
2, ABATEMENT AMOUNTS,TERMS AND CONDITIONS,
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing
entities.
2,1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value of the Premises due to the Required Improvements, over its value on January 1,
2013,, the year in which both parties, executed this Agreement.
If the square footage requirement and the appraised value of the Required Improvements
are less than as provided in Section 1.l of'this Agreement, Olwner shall not be eligible to receive
any Abatement under this Agreement.
2,2 Increase in Value.
The Abatement shall be 100% of the increase in value from the construction of the
Required Improvements and shall apply only to taxes on the increase in value of the Premises due
to construction of the Required Improvements. The Abatement shall not apply to taxes on the
land, nor shall the abatement apply to mineral interests.
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2.3. 'Term of Abatement,
The tern of the Abatement ("Term") shall begin on January I of the year following the
calendar year in which the Required Improvement is sold to a Home Buyer ("Beginning Date")
and, unless sooner terminated as herein provided, shall end on December 31 immediately
Preceding the fifth (5 th) anniversary of the Beginning Date.
2A krotests Over Ap,praisals or Assessments,
Owner shall have the right to protest and contest any or all appraisals or assessments of the
1i I
Premises and I t/or improvements thereon.
2.5. Abatement Application Fee.,
The City ac,kno�wledges receipt from Owner of the required Application fee of $100.00.
The application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORDS,AUDITS AND EVALUATION OF'REQUIRED IMPROVEMENTS.
JO
3.1. Inipection of Pre nukes.
Between the execution date of this Agreement and the last day of the Term, at any time
during normal office hours: throughout the Ten-n and the year following the Term and following
reasonable notice to Owner, the City shall have and Owner shall provide access to the Premises in
order for the City to inspect the Premises and evaluate the Required Improvements to ensure
compliance with the terms and conditions of this Agreement. Owner shall co�oplerate fully with the
City during any such inspection and/or evaluation.
3.2. Certiffication.,
Owner shall certify annually to the City that it is in compliance with each applicable term of'
this Agreement. The City shall have the right to audit at the City's expense the! Required
Improvement with respects to the specifications listed in Exhibit "Y'. Owner must provide
documentation that Owner is using the Required Improvements as its primary residence
(collectively, the "Records") at any time during the Compliance Auditing Term in order to determine
compliance with this Agreement. Owner shall make all applicable Records, available to the City on
the Premises or at another location 'in the City following reasonable advance notice by the City and
shall otherwise cooperate fully with the City during any audit.
33 Provl*sl*on of Information.
On or before March I following the end of every year during the Compliance Auditing"Term
and at any other time if requested by the City, Owner shall provide information and documentation
for the previous year that addresses Oiwner's compliance with each of the terms and conditions of
this Agreement for that calendar year.,
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Failure to provide all "information within the control of Owner required by this Section
3.,3 shall constitute an Event of Default, as defined In Section 4.1.
16, A*
3A Deternunati on of Compliance,
On or before August I of each, year during the Compliance Auditing Term, the City shall
make a decision and rule on the actual annual percentage of Abatement available to Owner for the
following year of the Tenn and shall notify Owner of such decision and ruling. The actual
percentage of the Abatement granted for a given year of the Tenn is therefore based upon Owner's
compliance with the to and conditions of this Agreement during the previous year of the
Compliance Auditing Term.
46 EVENTS OF DEFAULT.
4.1, Defined..
"Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner
fails to construct the Required Improvements, as defined in Section 1.1.- (ii) ad valorem real property
taxes with respect to the Premises or the Required Improvements, or its ad valorem taxes with
respect to the tangible personal property located on the Premises, become delinquent and Owner
does not timely and properly f6llow the legal procedures for protest and/or contest of any such ad
valorem real property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE
PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS- or (iv)
OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF' THE CODE
OF ORDINANCES OF' THE CITY OF' FORT WORTH (collectively, each an "Event of
Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the City
shall provide a written notice to Owner that describes the nature of the Event of Default. Owner
shall have sixty (601) calendar days from the date of receipt of this written notice to fully cure or
have cured the Event of Default. If Owner reasonably believes that Owner will require additional
time to cure the Event of Default, Owner shall promptly notify the City in writing, in which case
(i) after advising the City Council in an open meeting of Owner's efforts and intent to cure, Owner
shall have ninety (90) calendar days from the on'ginal date of receipt of the written notice, Or (ii) if
Owner reasonably believes that Owner will require more than ninety (90) days to cure the Event of
Default, after advising the City Council in an open meeting of Owner's efforts and intent to cure,,
such additional time, if any as may be offered by the City Council in its sole discretion.
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4.3. Ter ration for Event of Default and Payment of'LLCJuidated Damages,,
If an Event of Default which is defined in Section 4.1 has not been cured within the time
frame specifically allowed under Section 4.2, the City shall have the right to terminate this
Agreement immediately. Owner acknowledges and agrees that an uncured Event of Default will
(1) harm the City's economic development and redevelopment efforts on the Premises and in the
vicinity of the Premises, (ii) require unplanned and expensive additional administrative oversignt
and involvement by the City; and (iii) otherwise harm the City, and Owner agrees that the amounts
of actual damages, there from are speculative in 'nature and will be difficult or impossible to
ascertain. Therefore, upon termination of this Agreement for any Event of Default, Owner shall
pay the City, as liquidated damages; all taxes that were abated in accordance with this Agreement
for each year when an Event of Default existed and which otherwise would have been paid to the
City in the absence of this Agreement. The City and Owner agree that this amount is a reasonable
approximation of actual damages that the City will 'incur as a result of an uncured Event of Default
and that this Section 4.3 is it to provide the City with compensation for actual damages and
is not a penalty. This amount may be recovered by the City through adjustments made to Owner's
ad valorem property tax appraisal by the appraisal district that has jurisdiction over the Premises.
Otherwise, this amount shall be due, owing and paid to the City within sixty (60) days following
the effective date of termination of this Agreement. In the event that all or any portion of this
amount is not paid to the City within sixty(601) days following the effective date of termination of
this Agreement, Owner shall also be liable for all penalties and interest on any outstanding amount
at the statutory rate for delinquent taxes, as deten-nined by the Code at the time of the payment of
such penalties and interest (currently, Section 331.0:1 of the Code).
4.4. Termm* ationi at Wes.
If the City and Owner mutually determine that the development or use of the Premises or the
anticipated Required Improvements are no longer appropriate or feasible, or that a higher or better
use is preferable, the City and Owner may terminate this Agreement in a written fonnat that is
signed by both parties. In this event, (i), if the Tenn has commenced, the Term shall expire as of the
effective date of the termination of this Agreement; (ii) there shall be no recapture of any taxes,
previously abated; and(111) neither party shall have any further rights or obligations hereunder.
4.5 'Sexual y oriented business & LL*gUor Stores or Package Stores.
a. Owner understands and agrees that the City has the right to terminate this
agreement if'the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined in City's sole discretion if the Required Improvements, contains or will
contain a liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an ass -rent to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee which City Council hereby agrees to,
the Abatement granted hereunder shall vest only in Owner; however if Owner sells the Premises and
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Required Improvements, this Abatement cannot be assigned to a new owner of all or any portion of the
Premises and/or Required Improvements without the prior consent of the City Council, which consent shall
not be unreasonably withheld provided that (1) the City Council finds that the proposed assignee is financially
capable of meeting, the terms and conditions of this Agreement and (11) the proposed purchaser agrees in
writing to assume all ten-ns and conditions of Owner under this Agreement. Owner may not o�therwis,e
assign, lease or convey any of its rights under this Agreement. Any attempted assignment without the City
Council's prior consent shall constitute grounds, for termination of this Agreement and the Abatement granted
hereunder following ten(10) calendar days of receipt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee, Owner shall have no further
obligations err duties uties under this Agreement. In addition, upon assignment to any other entity with the
w "tten u
consent of City Council, Owner shall have no further duty or obligation under this
rl
Agreement.
IN NO EVENT SHALL THE TERM OF' THIS AGREEMENT BE EXTENDED IN THE EVENT
OF A SALE OR ASSIGNMENT.
THE FAILURE OF OWNER T01 SEND THE CITY NOTIFICATION OF THE SALE OF' THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 3 DAYS OF THE TRANSFER OF
OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC
TERMINATION OF THIS AGREEMENT, THE NOTICE AND EXECUTED ASSIGNMENT
MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY,
6. NOTICES,
All written notices called for or required by this Agreement shall be addressed to the following, or
such other party or address as either party designates in writing, by certified mail, postage prepaid, or by
hand delivery:
City: and Olw,ner:
City of Fort Worth Housing& Economic Development Dept. Shawn Fite
Attn: City Manager's Office Attn: Jay Chapa, Director 2828 River Forest Dr.
1000 Throckmorton I O00 Throckmorton Fort Worth, Texas 76116
Fort Worth,Texas 76102 Fort Worth,Texas 76102
7. MISCELLANEOUS.
7.1. Bonds,
The Required Improvements will not be financed by tax increment bonds. This Agreement
is subject to the rights of holders of outstanding bonds of the City.
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7.2. Conflicts, of Interest.
Neither the Premises, nor any of the Required Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning or Zoning
Commission or any member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents,.
In the event of any conflict between the City's zoning ordinances, or other City ordinances or
regulations, and this Agreement, such ordinances or regulations shall control. In the event of any
A
conflict between the body of this Agreement and ExWbit "2", the body of this Agreement shall
control.
7.4. Future Appiwation.
A portion or all of the Premises and/or ,Kequirea improvements may be eligible for
complete or partial exemption ftom ad valorem taxes as a result of existing law or future
legislation. This Agreement shall not be construed as evidence that such exemptions nit apply
to the Premises and/or Required Improvements.
1.q Council Author ization.
This Agreement, was authorized by the City Council through approval of Mayor and
Council Communication Nol. C-263 33 on July 16, 2013, which., among other things authorized the
City Manager to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in com-iection with a bona fide business purpose. The certificate, if requested,
will be addressed to the Owner, and shall include,, but not necessarily be limited to, statements that
A
this Agreement is in full force and effect without default (air if an 'Event of Default exists, the nature
of the Event of Default and curative action taken and/o�r necessary to effect a cure),, the remaining
to of this Agreement, the levels, and remaining term of'the Abatement in effect, and such other
matters reasonably requested by the party or parties to receive the certificates.
7.7. Owner Saner 0
Owner shall be deemed a propler and necessary party in any litigation questioning, or
challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions or
City Council actions, authorizing this Agreement and Owner shall be entitled to intervene in any
such litigation.,
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7-8. Venue and Jurisdiktion.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable oIrdina,nces, rules, regulations or policies of the City., Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
perfom-iable in.Tarrant County, Texas.
7.9. Severabifity.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
7.101 Headm* gs Not Contro
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.11. Entire q of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by re "eirence, contains the entire understanding,and agreement between the City and Owner,
their assigns and successors in interest, as to the matters, contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement. Thi's Agreement shall not be amended unless
executed in writing by both parties and approved by the City Council. This Agreement may be
executed in multiple counterparts, each of'which shall be considered an original, but all of which
shall constitute one instrument.
CITY OF FORT WORTH: OIWN'ER.
XM
By: A
By:
Fernando Costa Shawn Fite, Owner
Assistant City Manager
V
ATTES w r IN,
ell,
B yo.
Kay r"' %
City Seer ry 00
rOFFICIAL RECORD
F I C I
:A
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CITY SECRETARY
F pr
ro WORTH,TX
NEZ Tax Abatement with Shawn Fite for 1809 Alston Avenue
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APPROVED AS TO FORM AND LEGALITY:
By:
Melinda, Ramos,
Assistant City Attorney
M & C*. C-26333
STATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant
City Manager of the CITY OF' FORT WORTH, a municipal corporation, known to me to be the person and
officer whose name is subscribed to the foregoing instniment, and acknowledged to me that the same was
the act of the said CITY OF FORT WORTH!, TEXAS, a municipal corporation, that he was, duly authorized
to perforin the same by appropriate resolution of the City Council of the City of Fort Worth and, that he
executed the same ais,the act of the said City for the purposes and consideration therein expressed and in the
capacity therein stated.
'00on l
GIV E "DER MY' HAND AND SEAL OF OFFICE this ay of
12013.
otary Public 'in and for
E'V
the State of Texas No y p
Corrifn as on rixpires
�,Ilju I Y 10 1 2 Ol 7,
Noltary's,Printed Name
NEZ Tax Abatement with Shawn Fite for 1809 Alston Avenue
Page 1 0 of 12
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authon'ty, on this day personally appeared Shawn Fite kn wn to me to
be 'the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same for the purposes and consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7� day of
4 j 114
2013.
-U
Notary Public tn,and 01 KATWDAVEWO,
the State of Texas WCONW)OW
A*M2512ON
7'
Notary's Pfintid Name
KATW DAVEN:POK
t MY COMMISSION EXPIRES
A*st 25j 2015
NE Z Tax Abatement with Shawn Fite for 18,09 Alston Avenue
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Exhibit i Property Description
Exhibit 2: Application.- (NEZ) Incentives and Tax Abatement
Kira,I
Exhibit 3.- Required Improvements description including Kina, number and location of the proposed
improvements.
Exhibit 4: Final Survey
NEZ Tax Abatement with Shawn Fite for 1809 Alston Avenue
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Exhibit"I"
Property Description
1809 Alston Avenue, Block H. Lot 12,1 Bellevue Hill Addition,an Addition to the City of
Fort Worth, Tarrant, County, Texas, according to the plat recorded in Volume 106, Page,
of the Plat Records of Tarrant County, Texas
Exhibit 2
FoRT WORTH Application No.
2 1
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION
I. APPLICATION CHECK LIST Please submit the following documentation*,
El A completed application 1'orrn
A list of all properties owned by the applicant, owner, developer, associates, principals, partners, and agents
in the City Fort Worth
Non Refundable Application fee—For all Basic tncentives applications excluding Tax Abatement the
application fee is$25.00. For multifamily,commercial, industrial, commercial facilities,and mixed-use tax
abatement applications: 01.5%,of the total Capital Investment of the project, with a$200.00 minimum and
not to exceed$2,,00,0.0 1 For residential tax abatement applications: $100.00 per house.
I
Proof of ownership, such as a warranty deed, all-idavit of heirship, or a probated will OR evidence of site
control,such as option to buy (A registered warranty deed is required for tax abatement application.)
Title abstract of the property (only,if applying for release of City liens)
A reduced I I x 1,7 floor plan, site plan, and site elevation with
a written detailed project description that 'Includes a construction tirne, line
A detailed line item budget showing the cost breakdown for the project
❑ Copy of Incorporation Papers noting all principals,partners,and agents 'if applicable
0 Reguired- Meet with the Councilmernber and Neighborhood& other Organizations representing the NEZ
as outlined in the Public Notice requirement of the FEZ Policy and Guidelines revised April 61 2004 or
followed guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
Support letter from! Woodhaven Neighborhood Association and Woodhaven Comniunity Development
Corporation For projects located in Woodhaven NEZ only)
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL, ALL REQUIRED,
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS AFTER THE
APPLICATION IS RECEIVED.
'YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 6,0 TO 90
BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE
ISSUANCE, OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS
APPROVED, OR WITHIN THE 12 MONTH PERIOD TI-IAT THE TAX ABATEMENT WAS APPROVED,OR YOU
WILL BE REQUIRED TO RE,-,AP'PLY FOR NEZ INCENTIVES.
11. APPLICANT AGENT INFORMATION
1. Applicant: I A_�F 2. ContactPerson:
3. Address: f, F'a r!�,d� 'I
'�d L I q _r W 0 Ilk
Street City State Zip
"I
5. FNo.:
4., Phone no.: "I
6 1 1_9� �
1139 ax
6. Email: amo�
7. Agent(if any) J
8. Address:
City I oty
State Zip
9. Phone no.,: 10. Fax No.,-
11. Email-,
Revised July 12,2011 t
DT
"01XIL WORTH Application No. .....
PROJECT ELIGIBILITY
L Please list down the addresses and legal descriptions of the project and other properties your
41 1 description 1
organization owns in, Fort Worth. Attach metes and bounds description If no address or legal
description is available. Attach a map showing the location of the project.
Table I Property Ow.nership
Address Zip Code Acrinlian__
(Project Location) Subdivision Name Lot No�. Block No.
1`7
D
Other properties owned In the City of Fort Worth continue on a separate sheet and attach if necessary.
2. For each property listed in Table 1, please check the boxes below to 'Indicate If
there are taxes past due; or
there are City liens; or
You (meaning the applicant, developer, associates, agents, principals) have been subject to a Building
Standards Cornmission's, Order of Detnolition where the property was demolished within the last five
years.
Table 2 Property Taxes and City Liens
Property Ciq Liens,on Property
Address, Taxes Weed Demolition.
emolition—FPaving _Oirder of
Due Liens Stucture Uens Liens Miens Demolition
Li
El
El
E
El
0 EJ El
(Please attach additional sheets of paper as needed.)
If there are taxes due or liens against any property in the City of Fort 'Worth you may not be eligible
for N'EZ *Incentives
Revised July 12,201 1 1
4W
F RT O RTH Application No.
3. Do you own other properties, under other names Yes No
If Yes,please specify
4. Does the proposed project conform with City of Fort Worth Zoning? Yes NO
If 110, what steps are being taken to insure compliance?
5. Project
Type: Single Family N/Iulti-Family Commercial Industrial Community Facilities Mixed-Use
ElOwner Occupied,
1:1 Rentail Property
6. Please describe the proposed residential or commercial project.- M060 ry
(A -Cft ef\
If your project is a c mer liall, industrial,or mixed-use project, please,describe the types of
businesses that are being proposed.-
8. Is this a new construction or rehab projec N�!N:ew Construction Rehab
9. How much is,the total development cost of your pro*ect9
Will the eligible rehabilitation work* equal to at least 30% of the T'ar�rant Appraisal District (TAD)
assessed value of'the str" cture during the year rehabilitation occurs 9' [] Yes E No
*Eligible rehabilitation includes only physical improvements to real property. It does NOT' include:
Front yard fencing consisting of chain-link or sapid material construction; personal property such as furniture,
appliances,equipment, and/or supplies.Total eligible rehabilitation costs shall equal to or exceed 30%of the
'FAD appraised value of the structure during the year rehabilitation occurs.
-111
11. How much is the total square footage of your pro"eet9 0 square feet
If'applying for a tax abatement please answer questions 12— 1 . If not skip to part III Incenti'ves,
For a sin gle-fanlLfly homeownership, mixed-use,.or multi-familv development pro'ect, please rill out
the number of residential units based on income,range of owners,or renters in the following table.
Table 3 Number of Residential Units and Income Range of'Owners or Renters
Number of Units Percentage
Income Range
>
% o MFI**
At or below 80%of AMF1
Total Units
**A,MFi: Area Median Family Income. Please see attachment for income and housing payment guidelines.
)ri For a multifarni'l ro"eet to be qualified for tax abatement, at least 20% of total units shall be
affordable to families at or below 80% of ANIFL Check the box if you are requesting a waiver of this
requirement. D
14; For a commercial industrial or coinmunity facilities pr 'ec
I I -- -ol t,, indicate square footage of non-
residential space.
Commercial Industrial Community Facilities
square feet square feet square feet
Revised July 12,20111 3
ooA .
FORTWORTH Application No,.
s.
r
a.
How much will be your Capital Investment*** n the pro ect�' s provide
the tail t
e details and amoi urat of your Capital Investment(Attached additional she is if necessary),
Table 4 Itemized Bu et o Project
oject
Items Amount Note
r
Total
***Capital Investment includ�es . � � ��� e rv�r���nt ,
facility
only rn
expansion, and facility modernization. Capital Investment DOES NOT linclude l °�
and acquisition costs and/or any existing
irnpr vernents or personal property(such as rnac iner ,equipment,and/or supplies or inventory),
'For a, commercial i rr l�ustria c� � i `�ci t or ����- r°� ect, h w many employees w the
project generate,.
7. For a mixed-use,s r sect, please indicate the percentage of all vase *in, the project Ira the following table.
a le 5 Percentage of Uses in a xc -Use Project,
Type S uaare Footage Percentage
Residential
Eri c
Fadµ
Entertainment
Rcta i l, sales
Service
Total
HL INCENTIVES What incentives are you applying'ewer?
Muni clu Proper Tax Abatements
Must provide Final Plat C a /mat and Slide for Tax Abatement Cabinet .,m. Slide
5 years 0, Moire than 5 years
E)Residential owner occupied OResidential Rental t "ra.p t A artrne is 5 plus units) Corn erc a
DeveloRment Fie Wai,vers,
All building err nit relate fees(including flans Review and inspections')
Plat application fee Including concept flan, preliminary pleat,, final plat, short f r n reel, t
Zoning application fee 0 B olard of Adjustment application foe
Demolition fee Structure nioving fee
Community Facilities,Agree,me at CFA application fee
Street and utility easement vacation application fee
Impact Fee a veris -The maximum water/wastewater impact tee waiver amount for a commercial,ercial, industrial, ix -
use, or community facility development projects equivalent to the water/wastewater impact fee of two,6-inch meters
w
Ater (Meter Size oa e f meter .. E'fransportation
Release+f C it Liens
Weed liens 0 Paving liens Beard up/open structure lions Demolition liens
Revised July 12,2011
a.
FORTWORTH Application No.
Ill. ACKNOWLEDGMENTS
I hereby certify that the information provided is true and accurate to the best of my knowledge. I hereby
ackn,owledge that I have received a copy ot'NEZ Basic Incentives,which governs the granting of tax abatements ice
waivers and release of Ci:ty liens, and that any VIOLATION of the ten-ns of the NEZ Basic Incentives or
MISREPRESENTATION shall constitute grounds for rejection of an application or termination of'Incentives at the
discretion of the City.
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of ally aspect of
the project. I understand that I am responsible in obtaining required permits and inspections from the C:ity and in
ensuring the project is located in the correct zoning district.
I understand that my application will not be processed if it is incomplete. I agree to provide any additional
information for determining eligibility as requested by the City.
(1001
(PRINTED OR TYPED NAME), (AUTHORIZED SIGNATURE) (DA/FE)
Please mail or fax your appili cation to
C of Fort Worth P'lan,ning and Development Department
1000 Throckmorton Street,Fort,Worth,Texas 76102
Tel (817)392-2222 Fax (817)392-8116
Electronic version of this form is available on our website. For more information on the NEZ Program, please visit
our web site at www.fortworthgov.org/plann*lnganddevelopment
"0 ce NO y
Application NO. Wwhich NEZ? Council District
Appilicati Completed"'Date(Received Date): Confonn with,Zoning? [:1 kes E],No
,peg SF Multifamily Commercial Industrial Community facilities 1 ixed-Use A%Vol
Constr ction completion date? Ere NEZ Ownership/Site Control Yes No
TAD Account No. Consistent with the NEZ pla Yes No
Meet afl'brdability test? es No Minimum Capital Investment? s No
01 0 1
Y IN o
.Aorfrce y
N,
r Ctio
Rehab at or higher than 3 %9. ;des No Meet mixed-use definition"' s E] No
Y
Tax current on this property"? Yes E] No Tax current on other properties? es E]No
9
City liens,on this property? City liens on other properties.
• Weed liens El Y es o * Weed liens El Yes N
• Board-up/open structure liens El Yes 0 # Board-up/open structure liens El Yes
• Demolition liens El Yes 10 * Demolition liens El Yes
• Paving,liens, L 'Yes 0 1 * Paving liens Yes '10
• Order of of ition Yes, * Order of demolition Ye
0
Certified Yes No Certified by Date certification issued?
If not ceir-ti lied, reason U
Referred to EEconornic Development DHOLIsing Dl evelopment EWater D "ode [:]TPW
Revised July 12,2011 5
ATTACHMENT INCOME AND HOUSING PAYMENT GUIDELINES
Family size 80% cif'Median Income* Maximum Housing Payment Affordable for
Individuals or Famllle:s
at 80% of Median Income
1 $38,3 o:o $957.50
2 $43,750 $1 9093.75
3 $491200 $]1230.00
4 $54,650 $1 366.25
5 $59,050 s 1 1,4 76.2 5
6 $63,400 S 1 585.00
7 $67,800 $105.00
8 $72,150 $19803.75
*Source.- 2010 Fort Worth-Arlington PMSA IJUD Income G'Llidelines
/0
Exhibbit"Y'
Project Descri*pfion
Single Family Residence
4 Bedrooms
3 V2Batluooms
Fireplace
Dining Room
Living Room
Study
Front Covered Porch
Rear Covered Patio
Approximately 2489 square feet
Detached Garage
i
alp►
aw►. �. «N7,. r�.,. � � � aar ws a � � ar rw aM � �, � ro .a
r ,r ,mow •w �w
4b w r 0 i
ar rr
*I A .Y
dw sill
Am W AL got 40 i
r
Ill 40
da ■M Ak aM 4h as x111 III >• ° �' aM M
w, As 0 0^ - �. a� .M, i .AM AIM db 01
I�
owner's first mortgagee or a new homeowner as their primary residence. All other assignments must
be approved by the City Council.
This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATIONMERTIFICATION:
The Financial Management Services Director certifies that this action, will not increase the total
pr nations of City funds.
TO, Fund/Account/Centers FROM Fund/Account/Centers
Subm'Ifted for Cky Managees Office Fernando Costa (6 122)
Originating Del2artment Head: Cynthia Garcia (8187)
Robert Sturns (8003)
Addiftloonal Information Contact: Sarah Odle (7'316)
ATTACHMENTS
180191 Alston Ave Map.. df
1809 Alston Avenue Elevatioln.pdf
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