HomeMy WebLinkAboutContract 44980 cffy -
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TAX ABATEMENT AGREEMENT FOR PROPERTY
NEIGHBORHOOD EMPOWERMENT ZONE
2823 AVE E
This TAX ABATEMENT AGREEMENT "Agreement") is entered 'into by and between the
CITY OF FORT WORTH, TEXAS (the "City") a hole rule municipal corporation organized under the
laws of the State of'Texas and acting by and through T.M. Higgins, its duly authorized City Manager, and
Milque Seil.ler, "Owner"), owner of property located at 2823 Ave E, Lot 13, Block 8, Boaz and Dillow
Addition, an Addition to the City of Fort worth, Tarrant County, Texas, according to the Deed recorded in
Volume 204, Page 32, of the plat Records of ant 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 Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone NEZ) if the 'clpality dlete, .nles that the creation of
the zone would promote
(1) The creation of affordable ousin , inelud' g manufactured housing in the zone,-
(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 zone" or
(4) The rehabilitation of aff rdrable housing in the:zone.
B, Chapter 3 of the Texas Local Government Code provides that a municipality that creates a
Z, may enter into agreements abating municipal property taxes on propel in the zone.
C. On July 31, 2001, the ICity adopted basic incentives for property owners who own property
located in a I TEZ, stating that the City elects to be eligible to participate in tai: abatement and
. N Y
including guidelines d criteria governing tax abatement agreements entered into between
the City and various third parties, titled. "N Z Basic Incentives", these were readopted on
May 21, 2013 (Resolution No. 4209)1.
D. The NEZ Incentives contain appropriate guidelines and criteria governing tax abatement
agreements to be entered into by the City as contemplated by Chapter 312 of the Texas Tax
Code, as amended ("Code").
E On November 6, 2012, the City Council adopted Ordinance No. 20488 ("Ordinance")
establishing "Neighborhood Empowerment reinvestment Lone No. ," City of fort worth,
Texas ""Zon+e")Y
F. Owner owns certain real property located entirely within the Polytechnic/Wesleyan NEZ and
that is more particularly described in Exhibit "l", attached hereto and hereby made a part of
this Agreement for all purposes(the "Premises").
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G Owner or its as,s,igns plan to remodel Owner's hone, a triplex, Required Improvements, as
defined in Section.. 1.1 of this Agreement, on the Premises to be used as an owner occupied
single-family residence and rental property. (the"Project").
H. On ,tune 30, 2013, Owner submitted an application for NEZ incentives and an application
for tax abatement to the City concerning ing the contemplated use of the premises (the
"Aprp► icaflon"), attached hereto as Exhibit "2" and hereb made a art of this Agreement
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for all purposes.
1. The City Council feuds 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 t e p �u oses for its creation
and are in compliance with.. the NEZ Incentives, the resolution and ether applicable laws,
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ordinances, rules and regulations.
J. The City Council finds that the terms of this Agreement, and the Premises and required
Improvements, satisfy the eligibility criteria of the NEZ Incentives.
Written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement, has been furnished in the manner prescribed by the Code to the presiding
officers of the governing bodies of each of the taxing units in which the Premises is
located,
NOW, THEREFO,RE, the City and Owner, for and in consideration of the terms and conditions
set forth herein, do hereby contract, covenant and agree as follows:
11 OWNER'S COVENANTS.
.. .. Real "ro er Improvements.
Owner shall repair/remodel Owner"s home, a Triplex, (collectively, the "Required
type p hi
Improvements"), the bind and t e o remodel are ore particularly described in Exhibit "3".
Minor variations 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
Required Improvements are in the manner described in Exhibit `Y"w Tarrant Appraisal District must
appraise the property(improvements and land) within 10% of$69,350.00.
1.2. Completion Date of Required Improvements.
rovements.
Owner certifies that the Required Improvements will be cornpileted within two, years from the
date of Council approval. The abatement will automatically ten-ninate two years after Council
approval if the project is not complete, 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 b y adverse weather, delays i.n receipt of any
required permits or approvals from any governmental authority, acts of God, or fires. Force majeure
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shall not include construction delays caused due to purely financial matters, such as without
limitation, delays in the obtaining of adequate financing.
1.3. Use of Premises.
Owner covenants that one unit of the Required Improvements, shall be used as owner's
primary residence and the remaining units shall be used as rental ro ert y in accordance with the
NEZ Incentives. In addition, owner covenants that throughout the Term, the Required
Improvements shall be maintained for the purposes set forth in this Agreement.
2. ABATEMENT AMOUNTS2 TERMS AND, CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to owner a real property
tax abatement on the Premises, the Required Improvements, as specifically provided in this Section
("Abatement"). "Abatement"t" of real property taxes only includes City of Fort worth-imposed taxes and
not taxes' from other taxing entities.
2.1. Amount of Abatement.
Th.e actual amount of the Abatement granted under this Agreement shall be based upon
the increase in value of the Premises and the Required Improvements over their values on ,July
23, 2013, the year in which both parties executed this Agreement.
One Hundred percent (1 010%) of the increase in value from the construction.
of the Required Improvements.
If the Required Improvements are less than as provided in Section 1.1, of this Agreement,
Owner shall not be eligible to receive any Abatement under this Agreement.
2.2. Increase in value.
The abatement shall apply only to taxes on the increase in value of the Premises due to
construction of'the Required Improvements and shall not apply to tapes on the land, nor shall the
abatement apply to mineral interests.
2.3. Term of Abatement.
The term of the Abatement ("Term") shall begin on January I of the year following the
calendar year in which the Required Improvement is complete and occupied by the owner as
Owners primary residence "Beginning mate") and, unless sooner terminated as herein provided,
shall end on December 31 immediately preceding the fifth 51 anniversary of the Beginning`ng Date.
"Upon completion of the Required Improvement, City shall certify that the Required Improvements
have been completed in satisfaction of the tenns of the agreement. However, the Compliance
Auditing Term will begin on the date this agreement is executed and will end on the expiration
fate of the Tenn.
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2.4. Protests Over Appraisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises, and/or improvements thereon.
2.50 Abatement Application Fee.,
The City acknowledges receipt from Owner of the required Abatement application fee of
$300.00., The application fee shall not be credited or refunded to any party for any reason.
310, "CORD$, CERTIFICATION AND EVALUATION OF PROJECT.
Ile Ins pect,0 of'Pre mises,
ion.
Between the execution date of this Agreement and the last day of the Terrn, at any time
during construction of the Required Improvements and following reasonable notice to Owner, the
City shall have and Owner shall provide access to the Premises in order for the City to inspect the
Premises and evaluate the Required Improvements to ensure compliance with the terms and
conditions of this Agreement. Owner shall cooperate fully with the City during any such
inspection and/or,evaluation.
3.2. Certification"
Owner shall certify annually to the City that it is in compliance with each applicable to 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 4. 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 applicabile Records available to
the City on the Premises or at another location in the City following reasonable advance notice by
the City and shall otherwise cooperate fully with the City during any audit.
3.3. Provision of Information.
On or before March I following the end of every year during the Compliance Auditing Term
and if requested by the City, Owner shall provide information and documentation for the previous
year that addresses Owner's compliance with each of the terms and conditions of this Agreement for
that calendar year.
Failure to provide all *information with" the control of Owner requ]*Lred by this Section
3.31 shall constitute an Event of'Default as defined M` Section 4.1.
3.4. Deter `nation of Com fiance.
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
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following year of the Term and shall notify Owner of such decision and ruling. The actual
percentage of the Abatement granted for a given year of the Term is therefore based upon Owner's
compliance with the terms and conditions of this Agreement during the previous year of the
Compliance Auditing Term.
4. EVENTS of DEFAULT,
Defused,
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 valor.em real property
taxes with respect to the Premises or the Required Irnprovernients, or its ad valorem taxes with
respect to the tangible personal property located on the Premises, become delinquent and owner
does not timely and properly follow the legal procedures for protest and/or contest of any such ad
valorem real
property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE
PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT MENT BEGINS; or iv
OWNER DOES NOT COMPLY WITH ER fi AND APPENDIX B of THE CODE
OF ORDINANCES OF THE C' TY of FORT WORTH (collectively, each an "Event cif
Default").
4.2. Notfce 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 thirty o calendar days from the date of receipt of this written notice to fully cure or
have cured the Event of Default. If Owner reasonably believes that Owner will require additional
time to cure the Event of Default, Owner shall promptly notify the City in writing, in which case
(i) after advising the City Council in an open meeting of Owner's efforts and intent to cure, Owner
shall have ninety 90) calendar days from the original date of receipt of the written notice, or ii if
Owner reasonably believes that Owner will require more than ninety ) 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 ti e, if any, as may be offered by the "ity Council in its sole discretion.
3. Ternuonation for Event of Default and fa �eut +�� 1�1 uidated Da a e
if an Event of Default which is defined in Section 4.1 has not been cured within the time
frame specifically allowed under Section 4.2, the City shall have the right to terminate this
Agreement immediately. Owner acknowledges and agrees that an uncured Event of Default will
(i) harm the City's economic development and redevelopment efforts on the Premises and in the
vicinity of the Premises; (ii) require unplanned and expensive additional administrative oversi t
and involvement by the City; and (ill) otherwise harm the City, and {owner agrees that the amounts
of actual damages there ftom are speculative in nature and will be difficult or impossible to
ascertain. Therefore, upon termination of this Agreement for any Event of Default, Owner shall
not be eligible for the Abatement for the remaining Term and Owner shall pay the City, as
liquidated damages, all taxes that were abated in accordance with this Agreement for each year,
when an Evert of Default existed and which otherwise would have been paid to the City in the
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NEZ Tax Abatement with Monique Seiller
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absence of this Agreement. The City and Owner agree that this amount is a reasonable
approximation of actual damages that the City will incur as a result of an uncured Event of Default
and that this Section 4.3 is intended to provide the City with compensation for actual damages and
is not a penalty. This amount may be recovered by the City through adjustments made to Owner's
ad valorem property tax appraisal by the appraisal district that has jurisdiction over the Premises.
Otherwise, this amount shall be due, owing and paid to the City within sixty (60) days following
the effective date of termination of this Agreement. In the event that all or any portion of this
amount is, not paid to the City within sixty (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 determined by the Code at the time of the payment of
such penalties and interest (currently, Section 33.011 of the Code).
4.4. Ternu"nation at 'cif,.
If the City and Owner mutually determine that the development or use of the Premises or
the anticipated Required Improvements are no longer appropriate or feasible, or that a higher or,
better use is preferable, the City and Owner may terminate this Agreement in a written format that
is signed by both parties. In this event, (i) if the Term has commenced, the Term shall expire as of
the effective date of the termination of this Agreement; (ii) there, shall be no recapture of any taxes
previously abated; and (iii) neither party shall have any further rights or obligations hereunder.
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4.5. iSlexuagy oriented Business & LIgUOr Stores or Package Stores.
a. Owner understands and agrees, the City has the right to terminate this agreement if
the Project contains,or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined, in City's sole discretion if the Project contains or will contain a liquor
store or package store.
5. EFFECT' OF SALE OF PREMISES,
Except for an assignment to Owner's first mortgagee or to a homebuyer who, will use one
unit of the Required Improvements, as its primary residence and the remaining units as rental
property or the homeowner's mortgagee which City Council hereby agrees to, this Abatement
cannot be assigned without the prior consent of the City Council, which consent shall not be
unreasonably withheld provided that (i) the City Council finds that the proposed assignee is
financially capable of meeting the terms and conditions of this Agreement and iii) the proposed
purchaser agrees in writing to assume all terms and conditions of Owner under this Agreement.
Owner may not otherwise assign, 'lease or convey any of its rights under this Agreement. Any
attempted assignment without the City Council's prior consent shall constitute grounds for
termination of this Agreement and the Abatement granted hereunder following ten (1 01) calendar
days of'recelpt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who w use on unit of the
1
Required Improvements as its pr10 imary resin ience and the remaining units as rental property
or the homeowner's mortgagee, Owner shad have no further obtigations or duties under this
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agreement. In addition,, upon assignment to any other entity with the written consent of City
Council,Owner shall have no further duty or obfigation under this agreement,
IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE,
EVENT OF A SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND 'THE CITY NOTIFICATION OF' THE SALE OF
THE REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF
THIS AGREEMENT WITH THE NEW OWNER WITHIN 301 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 designat es .ting:, by certified mail, postage prepaid,, or by
hand delivery-,
coty
I. Owner.
City of For Worth Hous,ing & Economic Development Dept. Monique Seiller
Attn-, City Manager's Office to Jay Chapa, Director 2823 Ave E
1000 Throckmorton 1000 Throickmoirton Fort Worth, Texas
Fort Worth,Texas, 76102 Fort Worth,Texas 76 102 761015
7, MISCELLANEOUS,
7.1. Bonds.
The Required Improvements will not be financed by tax increment bonds. 'This Agreement
is subject to rights of holders, of outstanding,bonds of the City.
7.2, Confli"cts 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. Cones Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances
or re s, and this Agreement, such ordinances or regulations all control. In the event of
"I
any conflict between the body of this Agreement and Exhibit "Y", the body of this Agreement
shall control.
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7.4. fuum Apon,cati
A portion or all of the Premises and/or Required Improvements may be eligible for
complete or partial exemption from ad valorem taxes as a result of existing law or future
legislation. This Agreement shall not be construed as evidence that such exemptions do not apply
to the Premises and or Required Improvements.
7.5. Cily Couneff Authorization.
This Agreement was authorized by the City Council through approval of Mayor and
Council Communication No.C-263651 on July 23, 2013, which, among other things,, authorized the
City Manager to execute this Agreement on behalf of the City.
7.6. Est2ppel Certiri Bate.
,
Any party hereto may request an estoppel certificate from another party hereto so long as
the certificate is requested in connection with a bona fide business purpose. The certificate, which
if requested will be addressed to the Owner, shall include, but not necessarily be limited to,
statements that this Agreement is in full force and effect without default or if an Event of Default
exists, the nature of the Event of Default and curative action taken andJor necessary to effect a
cure), the remaining to of this Agreement, the levels and remaining to of the Abatement in
effect,, and such other matters reasonably requested by the party or parties to receive the
certificates.
7.71. Owner Sta
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of'the underlying laws, ordinances, resolutions
or City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any
such litigation.
7.8. 'Venue and Jurisdieff'on.
This Agreement shall be construed in accordance with the laws of'the State of Texas and
,applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall He in the State District Court of Tarrant County, Texas. This Agreement is
plerfon,nable in Tarrant County,Texas.
7.09. SeverabW .
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.
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7.10. Head,ings Not Contro is
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed, a part of this Agreement.
7.11. Enfi'r�e of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City, and Owner,
their assigns and successors in interest, as to the matters contained herein. Ay prior or
contemporaneous oral or written, agreement is hereby declared null and void to the extent 'in
conflict with any provision of this Agreement. This Agreement shall not be amended unless
executed in writing by both parties and, approved by the City Council. This Agreement may be
executed in multiple counterparts, each of which shall be considered an onginal, but all of which
shall constitute one instrument.
R.
CITY OiF FORT WORTH: OWNER.,
By: By:
Femandol Costa Monique Seiller
Ass,istant City Manager Owner
4
ATTEST-
CIA
0
By:
Mary Kayser 0* Ay
��100 Ci ty Secretary 00000,0 .0
APPROVED AS TO FORM AND LEGALITY:
IL
B y",
L
Melinda Ramos
Sr. Assistant City Attorney,
M & C: C-26365
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NEZ, Tax Abatement with Monique Seiller
CITY SECRETAW) Y"
Approved by M&C C-26365, July 23, 2013 1
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Frt W ORT'Ho T
...................
STATE OF TEXAS
COUNTY OF TARRANT
BEFOUL: ME, the undersized authority, on the days personally appeared Fernando Costa,
ssistant City Manager of the C OF FORT WORTH, a municipal corporation,, known to me to he the
person and officer whose name is subscribed to the foregoing, instrument, and acknowledged to me that
the same was the acct of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was
duly authorized to perform the same by appropriate Mayor and Council Communication of the City
Council of the City of Fort 'berth and that he executed the same as the act of the said City for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER M
HAND AND SEAL OF OFFICE this dad of
2013.
Notary Public in and for
the State off`Texas
Notary's Printed Name
STATE OF TEXAS
COUNTY OF TARRANT
BEF01RE ME, the undersigned authority, on this days personally appeared Monique ,Scillerr known to me
to he the p erson whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the p urposes and consideration therein expressed, and in the capacity therein stated.
IVES UNDER MY HAND AND SEAL OF OFFICE this clay o
2013..
Notary Public in an for
the State of Texas
Notary's Printed Name
SARAH J.ODLE
MY COMMISSION EXPIRES
=, ... r 5,,2015
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txhibit Property Description
Exhibit 2 Application for (NEZ) Incentives and Tax Abatement
Exhibit 3 Required Improvements description including kind and number of the propose
imp�rovements.
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Exhl*bl*t "I"
Property Description
2823 Ave E, Lot , Block 8,, Boaz and Dillow Addition, an Addition to the City of Fort
Worth, Tarrant County, Texas, according to the Deed recorded in Volume 204, Page 32,
of the Plat Records of Tarrant County, Texas.
dPy
xhi,bit,2 I
FORT WORTH a
-\ppkation No.
C 1TV OF FORT WORTH
NEIGHB01MOOD, EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION
1. APPUCA,riON CHECK LIST - Please submit the following documentation,:
A completed application form
LJ A list of all properties owned the applicant,owner,developer,associates, p rind pals, partners, and agents
in tile City Fort 'Wort 11
Non Refundable Application fee—For all Basic Incentives applications excluding Tax Abatement the
applic.-ation t'ce is S25.00. For multifamily,commercial, industrial,commercial facilities,and mixed-use tax.
abatement appil 1cafions:0.50,10 ofthe total Cap iLil, Investment of the project,with a,$200.00 minimum and
not to exceed$2,000. f 00- For residential tax abatement applications: $100-00 per hOLISe,
P roof of ownership,such as a warranty deed, affidavit of heirship,or a,probated will OR evidence of'site
control. such as option to buy(A registered warranty deed is required ror tax ablatement application.)
Title.,ibsiract cif`the properiv only if applying for release of City liens)
A reduced lix]7 floor plan,site plan,and site cl'evation with
a,written detailed, project description that ilICILides a construction time line
A detailed line item budget showing the cost breakdown for the project
Ll Copy offneorporation Papers noting all principals,partners,and agents if applicable
11equired- Meet with 01C COL1,11C11 member and Neighborhood&other Organizations representing the NEZ
3S 01.10ined, in the PUblic Notice reqUirement of the NEZ Policy and Guidelines revised April 6, 2004 or
1'0110%,VCd guidelines of'NEZ Strategic Plan if a Stratcgic Plan is In place for the specific NEZ.,
:Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation For projects located in Woodhaven NEZ oraly)
INC010PLETE APP1,1CATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAVE AFTER THE
,01PLICATION' IS RECEIVED.
'YOU MUST APPLY FOR TAX ARAT00ENT BEFORE ANY BUII,DIN(; PERMITS ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPRO'VEiNTENTS ARE MADE TO VOUR PROPERTY'. IT TAKES 60 TO 910
BUSINESS DAYS TO CO.N?IPLETE TIIE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE
ISSUANCE OF NEZ CERTIFICATION DEPENDING ON TIIE COMPLEXITV OF VOUR PRO.IECT. ALL
BUILDING PERMITS MUST RE PULLED WITHIN THE 12 MONTH PERIOD TTIAT CERTIFICATION WAS
.-kPPROVED,OR NVITHIN'THE 12 ,MON111 PERIOD T'IIAr TIIE TAX ABATENIENT WAS APPROVED, OR YOU
WILL BE REQUIRED TO RE-AP"PLY FOR NEZ INCENTIVES.
I. APPLICANT/AG ENT INFO ISM ATION
1, Applicant: 2. Contact Person.-
,3. Address:
Lle 1--t-�rLILCL141
Street City State Zip
6. Ernall.-
7, A ge n t(i f;I n Y)
8. Addresslo
r7
Street JJ - city State zip
9. Phone no..- 10. Fax NO.,;
11. Email.-
Pxt-vis-ed July 12,201 l
r
Fo RT WORTH
Application No.
PROJECT ELIGIBILITY
1. Please list dow n the addresses and legal descriptions of the project and other
properties -your
organization owns in Fort Worth. Attach metes and bounds description,
description is available. Attach a map showing the location of the project.
' ae p rrwewY Ownership
.,.�_..
Address Zip Code
�Subdivision Name Lot No. Block Nn.
Ic
o
Other propertics owned in the City o,f Fort Worth -continue on a separate sheet and attach, if necessarv.
.m�
i
For each property listed in 'Fable 1 Tease cheek the boxes below to indicate f
*� there are taxes past due,or
0 there are C itN � ens or
0 You (meaning the applictant, developer, associates, agents, rInci al's have been subject to a Building
Standards Commission's r er of Demolition where the property was demotished within the last Five
°ears,.
Tlable 2 Propertv Taxes and City Liens
�.
AL
Property city .dens on Property
Address Taxes _" � lion rdi-up/Open Demolition Paving
�..�.��..��...
Order of
Due Lieu,s Stucture Liens Liens Liens Demolition
Li
C El
a
(Please attach additional sheets,of paper as needed.) _
If there are taxes due or liens against any property in the City of port Worth you may not he eligible
for NEE incentives
Revised July 12,210 1[
FORT WORTH Application No.
3. Do you own other properties under other names,,;, Yes f�j,Nu
If Yes, please specify
4. Does the proposed project conform with Cliily of Fort Worth Zoning? Yes No
If 110, what steps are being taken to insure compliance'.)
7 Project El El
"rype; Single Family N,Iulti- Family Commercial 1n st rial Coniniiinity Facififics
Mixed-Use
Owner Occup,led
Rental'Prop,erty
6. Please describe the pr 7 used residential or,commercial project:,.-.. Le-
I �
(
7. If your project is a commercial,industrial,or mLxetl-use project, please describe the types of
businesses that are being proposed:
8. Is This a new construction or rehab project? New Construction &Rehab
-1 -)
9. How much is the total development cost of your project?
10. Will, the eligible rehabilitation Nvork* equal to at least 30% of the Tarrant Appraisal District strict (TAD)
,.-Issessed, value of the structure during the vtsar rehabilitation occurs? Yes No
W
'Lligible rehabilitation includes only physical improvements tO Teal property. It does NOT include:
1'7ront yard fencing consisting of chain-link or solid material construction; personal property such as fumiture,
appliances,CqUipment, and/or supplies.Total,eligible rehabilitation costs shall equal to or exceed 30%of the
17A D appraised value of the structure during the year rehabilitation occurs.
1�3
1 L How,much is the total square footage of your project.' 0 square feet
_h ip to part III'In
If ap�ply-ing-for a tax,abAte,m,ent pll�ase answer questions 1 16. If", otl.iki
12.For a, sin gle-family hr meownerstij real -rise He
. or multi-r4aiii. please fill out
123 1 . y developmegjpro' ct:,
the number of residential units based on income range of owners or renters in, the following table.
Ta b le 3 Number of Residential Units,and Income Range of Owners or Renters
Number-of''Un*ts, Pericentag6'
Income Range ..i.NO
> 80x,16 of AMFI**
At or below 80%of AM F 1 3
Total,Units
*#,1NN1F1-Arca Median Family Income. Please see attachment for in me and housing payment guidelines.
13. For a multifami!y roject to be qualified for tax abatement, at least 2,0% of total units shall, be
affordiable to families at or below 80%of ANIF1. Check the box if you are requesting a waiver of this
requirement. E
14. For a commercial i dustrial or communily facilities xr ect, indicate square footage of non-
in
residential space.
Commercial Jndustrial Com munity Facilities
square feet square feet square feet
Revised July 12.2.01 1 3
Fo RT WORTH Appfication No.N Z 13-00 21-1z
15. Her much, will be your Capital Investment"* on the proJect? Please use the following table to provide
the details and amount of your Capital Investment(Attached additional sheets if necessary
)�
Table 4 Itemized Budget of the ro
-Items Amount lNo t es
L I
e-
E72,
"rot.,
*Capital Investment includes only real property improvements such as,now facilities and suvcturr-s,site improvements, facility'
expansion, and facility modernization. Capital Investment DOES NOT include land acquisition its and/or any existing
impmvernents,or personal property(such as machinery,equipment,and/or sup plies or*inventory).
16. For a commerciaL indus, commun facifit or ' ed-use pr2ite how many employees will the
Y 11111
project generate?A�
17. for a mixed-use vroitq,please indicate the percentage of all usesin the project in the following table.,
Table 5 Percentage of Uses In a NHxed-Use Project
Type Square Footag,e Percentage
Residential
Office
Eating
Entcrtainment
Retail sales
Service
Total
111. IN'CE,NTIWS What line'entives are you applying,for
Municipal-PMOM Tax Abatements
Must Provide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide—,--
N 5 years El More than 5 years
EIResidential.owner occupied, OResidential Rental Property [:]Apartments(5 plus units) [I Commercial
Develoliment Fee Wa
N All b�uilding permit related fees(including Plans,Review and Inspections)
12 Plat,application fee(including concept plan,preliminary plat, final plat,short form re ►lat)
E] Zoning application fee Board of Adjustment application fee
El Demolition fee Structure moving fee
Community Facilities Agreement(CFA)application fee
Street and utility easement vacation application f„ e
I Mpact Fee Waivers -The maximum,watertwastewater impact fee waiver amount for a commercial.industrW,mi -
use,or community facility development project is equivalent to the waterMastew-ater impact fee of two 6-inch awters
Water (Meter Size e I'wk - -Z� ) El Transportation
(No.of meters
Release of C'i!y Liens
El Weed liens Paving liens Board uplopen structure liens ED Demolition liens
Revised July 12,2201 1 4
,w
FORTWORTH Application No.N-,z
Ill. ACKNOWLEDGMENTS
1 hereby certify hat the 'Inform provided is true and accurate to the best of rny� knowledge. I hereby
�Y at�ou�
acknowledge that I have received a copy ofNEZ Basic Incentives,which ovems the granting oft tax abatements,fee
waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or
MISREPRESENTATTON 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 any aspect of
the ro ect. L understand obtaining required permits and inspections from the City and in
d fat � ar�n responsible in obta
ensuring the project is located in the coffto zoning district.
understand
that my p ap licatcon will not be processed if i e t is incomplete. I sat to provide any additional
information for determining eli ibility as requested by the City.
ZZ12A i 4Z Ue I&-e-/-- -.11 6;2 I 7
(PRINTft OR TYPED NAME) (AUTHO�-RfZ—ED SIGNATURE) (DATF,)
will
Please mail or fax your application to:
Cite of Fort Worth Planning and Development De0artment
tOO,O Th rockmorton Street, nor Womb, 7610 2
'`el. (817)392-2222, `awx (8.7)392- . .
Electronic version of this form is available on our website. For more information,rmati on the NEZ Prograrri, please visit
our web site at www.fortworthgoy.org/'plannl*nganddevelopmen
For Of1ke Use Only
Applicat-ion No. In which Nom? Council District
Application Completed Date(Deceived Cate): Conform with Zoning? 0 Yep DNo
p`e? El SF Multifamily El Commercial 0 Industrial Community facilities Mixed-Use
Construction completion date" Before NEZ El After NEZ Ownership/Site Control Yes[]No
TAD Account No. Consistent with the NEZ plank' Yes [:]No
Meet aft"ordal ility test`: 0 Yew E'No. Minimum Capital Investment? Yes No
Rehab at or higher than o%? Yes No Meet mixed-use definition? Yes No
Tax current on this proper? Yes No Tax current on other properties? Yes, No
City liens on this property? City liens on other properties?
• Weed liens Y No * 'weed liens Yes No
* Boar,d-up/open structure liens, Yes No board-uplopen structuTe liens Yep No
* Demolition liens "es No * Demolition liens Yew No
* paving liens Yes No * Paving dens Yew No
* Order of de volition [] Yes No * Order of demolition Yes No
4 erti ed? El,Yes 0 No Certified by bate certification issued"
If no,t certified,rewon
Referred to: 'Fcononic Development Hoin Development OWatet OCode DT'
Revised Ju ly l 2,20 11
E x-hib 19+4 25
Project Description
Rehabilitation of a tn*plex as follows.-
Replace Doors and Windows
Moving walls to enlarge total layout by approximately 2010 square feet
Update Electrical, Plumbing and Floon"ng
Remodeling Kitchens, and Bathrooms
Foundation repair
Heating/Air Conditioning Repair
Painting
rlFq)YI' H.
¢y
,:oR /6 i
0 WORTH
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14 NOWOMMUMMI WlilluYD
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a IIII uNIIIUIUIIIIIIfIIIIIIIIIIIIIIIII R9 I g 1 �tl«IplfllplllUll N9 VUNII V bhp 4 IOI NNNNEW=
!ATE. 7/23/2013 REFERENCE No.. C-263615 LOG NAME: 17NEZ28123AVEE
coDTN NI c TYPE: NON,- PUBLIC NO
CONSENT ICIEAI ING.
SUBJECT: Authorize Execution of a Five-,Year Tux Abatement Agreement with Monique Seidler for the
Rehabilitation of a Triplex at 2823 Ave E in, the Polytechnic/Wesleyan Neighborhood
Empowerment Zone COUNCIL DISTRICT
8),
NMI N ��iK�� tiNN �iin�nuoouuiuiuNNY uu��mmuouN� �A�uupomNNNN
RECOMMENDATION:
It is recommended that the City council authorize the execution of a five-year Tax Abatement
Agreement with Monique seiller for the rehabilitation of a triplex at 223 Ave E in the
Polytechnic/Wesleyan Neighborhood Empowerment Zone, in accordance with the Neighborhood
Empowerment Tone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Moni!uge seiller(Property owner), is the owner of the property described as Lot 13, Block 8, Boaz an� ,
Dillow Addition, an addition to, the city of Fort Worth,1 Tarrant county, Texas, according to the Creed
recorded in Volume 204, Page 32, of the Deed records of Tarrant county, Texas, at 2,328 Ave E,
Port Worth, Texas. The property is located within the Polytechnic/Wesleyan Neighborhood
Empowerment Zone (NEZ).
The Property owner plans to invest an estimated amount of$69,:350.00 to reha,bilitatell an
approximately 1,680 square foot triplex (Project). one unit of the Project will be used as the owners
primary res,idence and the other two units, as rental property.
The Housing and Economic Development Department reviewed the application and certified that the
propel owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives includes a five-year Municipal Property Tax Abatement on the
increased value of improvements to the qualified owner of'any new construction or rehabilitation
within the NEZ.
1poin execution of the Agreement, 100 percent of the assessed value of the improvements used for
calculating municipal property tax will be frozen for a period of five years starting January 2014 at the
estimated pre improvement value, as defined by the Tarrant Appraisal District (TAD), for the property
as follows:
lire-Improvement TACK, value of Improvements $1311,500-00
Pre-Improvement Estimated Value of Land 1000.00
Total Pre-Improvement Estimated Value $16,500.00,
The municipal property tax on the improved value of Project after construction its estimated in the
amount of$592.94 per year for a total amount of$2,964.71 over the five-year period. However, this
estimate may differ from the actual tax abatement value, which will be calculated based on the
Tarrant Appraisal district appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new
Page I of 2
owner's first mortgagee or a new owner as their pri'ma,ry residence and rental property. All other
assignments, must be approved by the City Council.
This property is located in COUNCIL DISTRICT 8.
FISCAL INFORMATIONXIERTIFICATION:
The F'inancial Management Services Director certifies that this action will not increase the total
appropriations of City funds.,
TO IF u nd/Accolu,nt/C enters FROM Fund/Account/Centers
................... ......... ............. ............. ...... ..............."I--"",".."",-"",,---,-",-,,-","",,,-,,-,,,,..........
Submitted for Cit y Manager's Office by: Fernando Costa (6122)
Or*g'natinc Cynthia Garcia (81 87)
1 1 -1 Dqpartment Head: Robert sterns (800�3,)
41
Additional Information Contact.1 Sarah Odle (7316)
.......................... ............--.-........... ........
ATTACHMENTS
2823 Ave E Mgp.pdf
Propertv Photos.pdf
Page 2 of 2