Loading...
HomeMy WebLinkAboutContract 64037�RT �RTH�� �,5��� � o��- Contract No NEIGHBORHOOD EMPOWERMENT ZONE TAX ABATEMENT AGREEMENT Netiv const��i�ction single f�cmily-otivnet• 4208 Freshiield Road This TAX ABATEMENT AGREEMENT ("Agreement") is entei•ed into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule muiucipal corporation organized undei• the laws of the State of Texas and acting by and through David Coolce, its duly authorized City Manager, in accordance with the authority granted under Chapter 378 of the Texas Local Government Code, and Paulina Silva and Ricardo Silva, owner of property located 4208 Freshfield Road, Lot 26A, Block 2, Home Acres Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof Recorded in Volume 388-4, Page 315, Plat Records, Tarrant County, Texas. The City Council of the City of Fort Worth ("City Council") hereby iinds and the City and Owner hereby agree that the following statements are true and correct and constitute the basis upon which the City and Owner have entered into this Agreement: A. On June 11, 2024, the Fort Worth City Council adopted Ordinance No. 26961 (the "Ordinance") establishing "Neighborhood Empowerment Reinvestment Zones No.1R through 8R" City of Fort Worth, Texas (the "Zones") and adopted Resolution No. 5968 establishing "Designation of the Neighborhood Empowerment Zone Areas One tluough Eight" (the "NEZ"). B. Owner owns certain real propei-ty located entirely within Zone 6R and that is more particularly described in Exhibit "1 ", attached hereto and hereby made a part of this Agreement for all purposes (the "Premises"). C. Owner or its assigns plan to construct the Required Improvements, as defined in Section 1.1 of this Agreement, on the Premises (the "Project"). D. On July 14, 2025, Owner submitted an application for tax abatement to the City concerning the Premises (the "Application"), attached hereto as Exhibit "2" and hereby made a part of this Agreement for all puiposes. E. The contemplated use of the Premises, the Required Improvements and the terms of this Agreement are consistent with encouraging development of the Zone in accordance with the puiposes for its creation and are in compliance with the NEZ Incentives, the Ordinance and other applicable laws, ordinances, rules and regulations. F. Written notice that the City intends to enter into this Agreement, along with a copy of this Agreement, has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located. Page 1 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Anni•oved: Aueust 26. 2025 a���6�;��,� Vit��K�[�1� �t:aA� �����'��;R�( �7o E'M�7�II�n AAq � 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. OWNER'S COVENANTS. 1.1. Real Property Improvements. Owner shall construct, or cause to be constructed, on and within the Premises certain improvements consisting of a sing�e-family r•esidence, of approximately 2,4451iving space square feet in size and built to the specifications listed in Exhibit "3", (collectively the "Required Improvements"). Minor variations and more substantial variations if approved in writing by both parties to this A�eement before construction is undertaken in the Required Improvements from the description provided in the Application for Tax Abatement shali not constitute an Event of Default, as defined in Section 4.1, provided that the conditions in the first sentence of this Section l.l are met and the Required Improvements are used for the purposes and in the manner described in Section 1.3. 1.2. Completion Date of Required Improvements. Owner certifies that the Required Improvements will be completed within two years from the date of Council approval. The abatement will automatically terminate two years after Council approval if a building permit has not been pulled and a foundation has not been poured, 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 urueasonably withheld, including, without limitation, delays caused by adverse weather, delays in receipt of any required permits or approvals fiom any governmental authority, acts of God, or fires. Force maj eure shall not include constiuction 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 the Required Improvements shall be constiucted and continuously used as the primary residence of the Home Owner in accordance with the NEZ Incentives. Home Owner shall file for a Homestead Exemption with Tanant County Appraisal District January 1 of the year following the calendar year in which the Requii•ed Improvement is completed. In addition, Owner covenants that tluoughout the Term, the Required Improvements shall be maintained for the purposes set forth in this Agreement. 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 Foi�t 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 as determined by Tarrant Appraisal District in July 2025, and this amount is $0.00. Page 2 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Aueust 26. 2025 If the square footage requirement of the Required Improvements are less than as provided in Section 1.1 of this A�reement, Owner shall not be eligible to receive any Abatement under this Agreement. 3 2.2 Increase in Value. The Abatement shall be 100% of the incr•ease in value from the construction of the Required Impi•ovements up to a maximum of $380,220.00 and shall apply only to taxes on the increase in value of the Premises due to construction of the Required Improvements. In other words, by way of example only, if the increase in value of the Required Improvements over its value in October 2024, in a given year is $381,000.00, Owner's Abatement for that tax year shall be capped and calculated as if the appi•aised value of the Required Improvements for that year had only been $380,220.00. The Abatement shall not apply to taxes 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 Januaiy 1 calendar year in which the Required Improvement is completed an ("Beginning Date") and, unless sooner terminated as herein provided, immediately preceding the fifth (St�') anniversaiy of the Beginning Date. 2.4 Protests Over A�nraisals or Assessments. of the year following the d sold to a Home Owner shall end on December 31 Owner shall have the right to protest and contest any or all appz•aisals or assessments of the Premises and/or impi•ovements thereon. 2.5. Abatement Application Fee. The City acknowledges 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. RECORDS AUDITS AND EVALUATION OF REOUIRED IMPROVEMENTS. 3.1. Inspection of Premises. Between the execution date of this Agreement and the last day of the Term, at any time during normal office hours throughout the Term and the year following the Term and following reasonable notice to Owner, the City shall have and Owner shall provide access to the Premises in order for the City to inspect the Premises and evaluate the Required Improvements to ensure compliance with the terms and conditions of this Agreement. Owner shall cooperate fully with the City during any such inspection and/or evaluation. 3.2. Certiiication. 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 "3". 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 or•der to deteimine compliance with this Page 3 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Aueust 26. 2025 Agreement. Owner shall malce all applicable Records availabie 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 the last business day in April following the end of eveiy year during the Compliance Auditing Term and at any other time if requested by the City, Owner shail 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. Owner must also provide documentation of compliance to Tarrant Appraisal District (TAD) each year of the abatement by filling out and returning Tax Abatement Form 50-116 from the TAD website to TAD, no later than the last business day in April for each year Owner is requesting tax abatement. Failure to provide all information within the control of Owner required by this Section 3.3 shall constitute an Event of Default, as defined in Section 4.1. 3.4 Determination of Compliance. On or before August 1 of each year during the Compliance Auditing Term, the City shall malce a decision and rule on the actual annual percentage of Abatement available to Owner for the following year of the Term and shall notify Owner of such decision and iuling. The actual percentage of the Abatement granted for a given year of the Term is therefore based upon Owner's compliance with the terms and conditions of this Agreement during the previous year of the Compliance Auditing Term. 4. EVENTS OF DEFAULT. 4.1. De�ned. 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 follow the legal procedures for protest and/or contest of any such ad valorem real prope��ty or tangible personal property taxes; (iii) OWNER DOES NOT USE THE PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; oi• (iv) OWNER DOES NOT COMPLY WITH CI�APTER 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 wi-itten notice to Owner that describes the nature of the Event of Default. Owner shall have sixty (60) calendar days from the date of receipt of this written notice to fully cur�e 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 Page 4 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Anm�oved: Aueust 26. 2025 believes that Owner will require more than ninety (90) days to cure the Event of Defalilt, after advising the City Council in an open meeting of Owner's efforts and intent to cure, such additional time, if any, as may be offered by the City Council in its sole discretion. 4.3. Termination for Event of Default and Pavment of Liquidated Dama�es. If an Event of Default which is defined in Section 4.1 has not been cured within the time fi•ame specifically allowed under Section 4.2, the City shall ha�e the i•ight to terminate this Agreement immediately. Owner acicnowledges and agrees that an uncured Event of Default will (i) harm the City's economic development and redevelopment efforts on the Premises and in the vicinity of the Premises; (ii) require unplanned and expensive additional administrative oversight and involvement by the City; and (iii) other•wise harm the City, and Owner agrees that the amounts of actual damages therefrom 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; ail taxes that were abated in accordance with this Agreement for each year when an Event of Default existed and which otherwise would have been paid to the City in the absence of this Agreement. The City and Owner agree that this amount is a reasonable approximation of actual damages that the City will incur as a result of an uncured Event of Default and that this Section 4.3 is intended to provide the City with compensation for actual damages and is not a penalty. This amount may be recovered by the City through adjustments made to Owner's ad valorem propei-ty 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 ternlination of this Agreement. In the event that all or any portion of this amount is not paid to the City within sixty (60) days following the effective date of ter•mination of this Agreement, Owner shall also be liable for all penalties and intei•est on any outstanding amount at the statutoiy rate for delinquent taxes, as determined by the Code at the time of the payment of such penalties and interest (currently, Section 33.01 of the Code). 4.4. Termination at Will. If the City and Owner mutually determine that the development or use of the Premises or the anticipated Required Improvements are no longer• appropriate or feasible, or that a higher or better use is preferable, the City and Owner may terminate this Agreement in a v�nitten format that is signed by both parties. In this event, (i) if the Te��rn has commenced, the Term shall expire as of the effective date of the termination of this Agreement; (ii) thei•e shall be no recapture of any taxes previously abated; and (iii) neither party shall have any further rights or obligations hereunder. 4.5 Sexuallv oriented business & Liquor Stores or Packa�e 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 assignment to Owner's first mortgagee or to a homebuyer who will use the Required Improvements as its primaiy residence or the homeowner's mortgagee which City Council hereby agr•ees to, the Abatement granted hereunder shali vest only in Owner; however if Owner sells the Premises and Required Page 5 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Anni•oved: Auaust 26. 2025 Improvements, this Abatement cannot be assigned to a new owner of ail or any portion of the Premises and/or Required Improvements without the prior consent of the City Council, which consent shall not be uiueasonably withheld pi•ovided that (i) tl�e City Council finds that the proposed assignee is financially capable of ineeting the terms and conditions of this Agreement and (ii) 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 (10) calendar days of receipt of written notice fiom the City to Owner. Upon assignment to Owner's �rst 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 or duties under this Agreement. In addition, upon assignment to any other entity with the written consent of City Council, Owner shall have no further duty or obligation 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 60 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 pai-ty designates in wi-iting, by certified mail, postage prepaid, or by hand delivery: City: City of Fort Worth Attn: City Manager 100 Fort Worth Trail Fort Worth, Texas 76102 and Neighborhood Seivices Department Attn: Director 100 Fort Worth Trail Fort Worth, Texas 76102 7. MISCELLANEOUS. 7.1. Bonds Owner: Paulina Silva and Ricardo Silva 1020 Brenner Ct. Arlington, Texas 76017 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. Page 6 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Aueust 26. 2025 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 P1aruling or Zoning Conunission 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. I�z the event of any conflict between the body of this Agreement and Exhibit "3", the body of this Agreement shall control. 7.4. Future Application. A portion or all of the Premises and/or Required Iinprovements 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. Citv Council Authorization. This Agreement was author•ized by the City Council tluough approval of Mayor and Council Communication No. 25-0781 on August 26, 2025, which, among other things, authorized the City Manager to execute this Agreement on behalf of the City. 7.6. Estoppel Certificate. Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, if requested, will be addressed to the Owner•, and shall include, but not necessarily be limited to, statements that this Agreement is in fuli force and effect without default (or if an Event of Default exists, the nature of the Event of Default and curative action taken and/or necessary to effect a cure), the remaining term of this Agreement, the levels and remaining term of the Abatement in effect, and such other matters reasonably requested by the party or parties to receive the certificates. 7.7. Owner Standin�. 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 Agi•eement and Owner shall be entitled to intervene in any such litigation. 7.8. Venue and Jurisdiction. This Agreement shall be construed in accordance applicable ordinances, rules, regulations or policies of th Agreement shall lie in the State District Court of Tarr pei•formable in Tarrant County, Texas. with the laws of the State of Texas and e City. Venue for any action under this ant County, Texas. This Agreement is Page 7 NEZ Tax Abatement Agreement — Pauiina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Au�ust 26. 2025 79. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 7.10 Headings Not Controllin�. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 7.11. Entiretv of Agre,_ement. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Owner, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless executed in writing by both parties and approved by the City Council. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Page 8 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Aonroved: Auaust 26. 2025 CITY OF FORT WORTH: By: � Dana Burghdof Assistant City Manager ATTEST: B. . a ette Goodall i y Secretary OWNER: By. aulina Silva By: Ricardo Silva APPROVED AS TO FO AND LEGALITY: By: Christopher Austria Sr. Assistant City Attorney M & C: 25-0781 Date Approved: August 26, 2025 OF�IGf��, �E�CD�tI� , �CITli SE�RErA�Y ' !��,1A�f�R�'!�, ��f. Page 9 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Au�ust 26. 2025 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authoi•ity, on this day personally appeared Dana Burghdoff, Assistant City Manager• of the CITY OF FORT WORTH, a municipal corporation, laiown to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a inunicipal corporation, that she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that she executed the same as the act of the said City foi• the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �C __day of �Pp},Pn(1 jpeX , 2025. Victorie ESqulvel � # My Co5�1212028 xP�ros o y Public m and for Notary ID135515177 the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeat•ed Paulina Silva, known to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged to me that she executed the same for the puiposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z�S day of G , 2025. ,,,,���,, \�o�PavP�m�� VIRGINIA R. VIILALOeOS NO Ty P lri ari for _z, •,�nNotary Public, State of Texas the Sta e of Texas �N'�'�•�P� Comm. Expires iz-is-zozs �9��..'t� \` ��ii�°�����` Notary ID 134109141 Page 10 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Aueust 26. 2025 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Ricardo Silva, known to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this Z��ay of ��,,e ,�� , 2025. �`"""''� VIRGINIA R. VILlALO60S L `�lpft,••P 6�i N tary U C lri ari 01' :2;' �= Notary Public, State of Texas the 2t0 Of TeXaS -'"; ��'+�; Comm. Expires 12-16-2026 ��'��0;,;��� Notary ID 134109141 Page 11 NEZ Tax Abatement Agreement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Aueust 26. 2025 Exl�ibit 1: Property Description Exhibit 2: Application: (NEZ) Incentives and Tax Abatement Exhibit 3: Required Improvements description Page 12 NEZ Tax Abatement Agceement — Paulina Silva and Ricardo Silva 4208 Freshfield Road M&C 25-0781 Annroved: Aueust 26. 2025 Exhibit 1 Prot�erty Description 4208 Freshfield Road, Lot 26A, Block 2, Home Acres Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof Recorded in Volume 388-4, Page 315, Plat Records, Tarrant County, Texas. FORT WORTH�> Deeded Property Owner/Developer Mailing Address: Phone: Contact: (If different) Phone: Application# Exhibit 2 City of Fort Worth Neighborhood Empowerment Zone (NEZ) Application for Incentives Silva Last 1020 Bc•enner Ct Street Address 817-845-3643 Last Paulina First Arlington �lry Fi�st M.I. TX 76017 State Zip Email: Avilap90�gmaiLcom Email: M.I. NEZ certifications are project and owner speciiic. Please describe your project: Single tan space. Project Type X❑ ❑ ❑ ❑ ❑ Single Family Multi- Family Commercial Industrial Community Facilities ❑ Mixed-Use rPlense be advised if t/re project nddress is zoned ns n desigirnted Iristoricnl properry (HC) or is located in t/te Neai• Sorrtlrside, Cnmp Bowie or Stoclryards Urbnn Design Districf, npproval of yotn� p��oject is reqrrired prior to NEZ application strbmittnL An npproved Cert[Fcate ofAppropriateiaess and st[pportin,2 docnmentation for fhe pi�oiect trurst be attaclred to tlre NEZ npplicnfion. * Project Address: 4208 Freshfield Rd Street Add��ess Legal Description: 26-A 2 Home Acres Addition Lot Block Addztion YES NO YES NO New Construction / Addition: � ❑ Remodel / Rehab: ❑ 0 Total New Sq. Ft. 3,390 Total Development Cost: $468,100 Total ($382,600 to build + $85,500 Lot cost) For a single family project, will the NEZ certified property be occupied by YES NO the property owner as a primary residence? X❑ ❑ If you selected No, please specify if this property will be sold to a homeowner as a primary residence or used as rental property. If your project is a Commercial or Mixed Use project, please list all speci�c uses that are being proposed: YES NO Do you wish to apply for a Municipal Property Tax abatement for this project? ❑X ❑ If the above answer is yes, please contact the City of Fort Worth Neighborhood Services Department at (817) 392-7316 or visit http://fortworthtexas.�ov/neighborhoods/NEZ/ for additional information. Tax Abatements are processed after NEZ project certification and must go before the City Council for a vote. House Bi113143 toolc effect on September 1, 2019, which requires at least 30 days advance notice be given of the tax abatement. Due to compliance with HB 3143, the minimum time to process a tax abatement to be on tlie City Council agenda for vote is 12 to 14 �veelcs after the date of certification. Applica�tts reqrresti�t� tnx abatente�tt f�tay �rot srrbnrit for a btrildirt� perntit u�rtil tlre �rbateme�it /ras been approved by t/te City Cou�rcil «frd t/re applicaftt Irns siQned a co�rtract. home with 2,445 sq ft living Revised 2/5/25 SO FORT WORTH�, Application# City of Fort Worth Neighborhood Empowerment Zone (NEZ) Application for Incentives YES NO Do you wish to apply for a release of NEZ Policy eligible City liens? ❑ 0 Weed, Paving, Demolition and Board Up / Open Structure liens may be released for qualifying projects. . . .• -• �. . YES NO Will a Zoning Change application be necessary for tl�is project? ❑ �] Current Zoning: _A-5 - Single Family Proposed Use: _Single Family_ NO Does project meet applicable zoning parlcing requirements? YES�X � Signature of Zoning Staff: _R�a-Le� 1�Zi,v�e�va� Date: _07/18/82025 LEASE INITIAL NEXT TO EACH STATEMENT P.S 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. If the additional infoi•mation is not submitted within 30 days, the application will be denied and application fees paid will not be reimbursed. P•S I hereby certify that the information provided is ti•ue and accui•ate. If I have misrepresented the facts in ordei• to circumvent the NEZ policy, I hereby understand that I will be responsible for repaying the City of Fort Worth all fees and taxes waived through my NEZ certification and I will no lon�er be eligible to applv for any NEZ incentives in the future. In addition, fees not repaid will result in a lien being placed on the property. P.S I hereby certify that all documents and infoi•mation required by the Application Submittal Checklist is attached. P.S I hereby acknowledge that I have read the NEZ Basic Incentives and Tax Abatement Policy, which governs the granting of tax abatements, fee waivers and release of City liens, and that any VIOLATION of the terms 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. P.S I understand that the approval of fee waivei•s and other incentives shall not be deemed to be approval of any aspect of the project. I understand that I am responsible for obtaining required permits and inspections fi•om the City and in ensuring the project is located in the correct zoning district. P.S I understand that if there are back taxes due or liens against any property I own under any name in Tarrant County, I will not be eligible for NEZ incentives. P_S I hereby certify that the project plans submitted with this application meet the NEZ design guideline requirements as listed below or meet Strate�ic Plan �arideli�zes for tl�e Berrvhill/Maso�a Heights, Oakland Corne�s and Stop Six a��eas as ozrtlined on tlze NEZ tiveb�aQe. I understand that if the project plans do not meet these design requirements, all permits will be put on hold pending correction. If I choose to relinquish my NEZ certification instead of ineeting the design requirements, payment for all fees waived by the City up to that point will be due immediately and the building permit will not be issued until payment is made. a.No metal buildings except for industrial projects on property zoned for industrial use. b.All new construction projects must contain 70% masoni•y product c. Exceptions to the masonry product requirement will be made for approved plans within all Local Historic Districts and the Near Southside, Camp Bowie and Stockyards Urban Design Districts. Applicants must provide a Certificate of Appropriateness and Supporting documentation foi• the project with their completed NEZ application. This exemption applies only to the masomy product requirement. All other design guidelines will not be waived. d.Compliance with NEZ design guidelines for Council adopted NEZ Strategic Plans (BerryhilUMason Heights, Oakland Corneis and Stop Six) is t•equired for certification. e. Attached garages for new single-family homes may not extend more than 4 feet past the fi•ont building wall. Revised 2/5/25 SO FORT WORTH� Application# City of Fort Worth Neighborhood Empowerment Zone (NEZ) Application for Incentives P.S I understand that if I have not submitted a NEZ application and do not have NEZ certification, I must pay all associated fees at the time of project application and/or permit submittal. This includes setting up an esci•ow account with the City. I understand that some permits may not be issued while NEZ eligibility is being established. Example: Applications that are requesting Tax Abatement. P.S I understand that if I have submitted an opt out form and have had a building permit issued, I am not eligible to apply for a� incentives fi•om the NEZ program. Paulina Silva Printed Name of Property Owner/Developer �G?�;�'�,�.iZtL ��rr� Signature of Property Owner/Developer 07/14/2025 Date Please submit your completed application online to: http://fort�vorthtexas.ao��/neiahborhoods/NEZ/a pAlv For more information on the NEZ Pi•ogram Incentives, please visit our web site at http://fortworthtexas. 70� v/neighborhoods/NEZ/ or contact our office at (817) 392-7540 or nez NS�fortworthte�as. o�v For more information on Tax Abatements, see the above website or contact Sarah Odle with the Neighborhood Services Department at (817) 392-7316. Revised 2/5/25 SO Exhibit 3 Proiect Description New Construction of a single family residence • 3,390 Total square feet with 2,445 square feet of living space • 1 Story • 4 Bedroom, 3 %2 Bath • Kitchen/Dining Room combination � Pantry • Laundry Room • Mud Room • Great Room • Front and Bacic Covered Porch • 2 Car Attached Garage w/extra work area • Bricic Veneer and Board & Batten Exterior CITY COUNCIL AGENDA Of(icial site of lhe Ciry of Fort Worth, lexas �flRT�'ORTII _�.�. Create New From This M8�C DATE: CODE 8/26/2025 REFERENCE NO.. C TYPE: **M&C 25- LOG NAME: 19NEZ4208FRESHFIELD 0781 PUBLIC CONSENT HEARING: NO SUBJECT: (CD 11) Authorize Execution of a Five-Year Tax Abatement Agreement with Paulina Silva and Richard Silva for the Construction of a Single-Family Dwelling of Approximately 2,445 Square Feet and Having a Cost of at Least $382,600.00 on Property Located at 4208 Freshfield Road in the Fairhaven Neighborhood and within Neighborhood Empowerment Zone Area Six and Neighborhood Empowerment Reinvestment Zone No. 6R RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a five-year Tax Abatement Agreement with Paulina Silva and Richard Silva for the construction of a single-family dwelling of approximately 2,445 square feet and having a cost of at least $382,600.00 on property located at 4208 Freshfield Road, in the Fairhaven neighborhood and within Neighborhood Empowerment Zone Area Six and Neighborhood Empowerment Reinvestment Zone No. 6R; and 2. Find that the terms of, and the property subject to, the Tax Abatement Agreement meet the criteria and guidelines set forth in the Neighborhood Empowerment Zone Program Basic Incentives and Tax Abatement Policy. DISCUSSION: Paulina Silva and Richard Silva, (Property Owners), are the owners of the property described as Lot 26-A, Block 2, Home Acres Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat Thereof Record recorded in Volume 388-4, Page 315, Plat Records, Tarrant County, Texas, located at 4208 Freshfield Road, Fort Worth, Texas, (the Property). The Property is located in the Fairhaven neighborhood and within Neighborhood Empowerment Zone, (NEZ) Area Six. The Property Owners plan to invest an estimated amount of $382,600.00 to construct a single-family residence of approximately 2,445 square feet (Project) on the Property. The Project will be used as the homeowner's primary residence. The Neighborhood Services Department reviewed the application and certified that the Property Owners and Project meet the eligibility criteria to receive a NEZ Municipal Property Tax Abatement. The NEZ Basic Incentives include a five-year Municipal Property Tax Abatement on the increased value of improvements to the qualified owner of any new construction or rehabilitation within the NEZ. Residential owner-occupied tax abatements are capped at the annual median home value as reported by the National Association of Realtors for Tarrant County. This value is updated annually and is currently $380,220.00. Upon execution of the Tax Abatement Agreement (Agreement), the total assessed value of the improvements used for calculating municipal property tax will be frozen for a period of five years starting January 2026 at the estimated pre-improvement value as defined by the Tarrant Appraisal District, (TAD) in July 2025 for the property as follows: Pre-Improvement TAD Value of Improvements $0.00 f Pre-Improvement Estimated Value of Land �$37,500.00 � r Total Pre-Improvement Estimated Value $37,500.00 The estimated municipal property tax to be abated on the improved value of the Project after construction is estimated in the amount of $2,556.98 per year, for a total amount of $12,784.90 over the five-year period, not counting increases from reappraisals. However, this estimate may differ from the actual tax abatement value, which will be calculated based on the TAD appraised value of the property up to the capped value. In the event of a sale of the Property, the Agreement may be assigned to a new owner's first mortgage or a new owner as a primary residence. All other assignments must be approved by the City Council. This property is located in COUNCIL DISTRICT 11 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon final approval of the Tax Abatement Agreement, a loss of an estimated $12,784.90 in property tax revenue may occur over the five-year period. This reduction in revenue will be incorporated into the long term financial forecast upon the Tax Abatement being officially granted. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Dana Burghdoff (8018) Kacey Bess (8187) Sarah Odle (7316) Chad LaRoque (2661) 4208 Freshfield NEZ Map.pdf (Public) NZ25-00500 - Plans Final.pdf (Public) Tax Abatement Calculation Sheet.pdf (CFW Internal)