HomeMy WebLinkAboutContract 45427 ary
Not
ffDW' A NEIGHBORHOOD T A E NT ( R� T I T T
EMPOWERMENT ZONE
3408 Cockrell Avenue
This TAX ABATEMENT' AGREEMENT ("Agreement") is entered into by and between the
CITY OF, FORT WORTH, TEXAS (the "Clky" , a home rule Municipal corporation organized ruder
the laws of the State of Texas and acting by and through T.M. iii. gins, its duly authorized City Manager,
and Raymond Brown and Janet M. Brown, ("Owners"), owners of property located at 3408 Cockrell
Avenue, Bloch 201 Lot 1 , Bluebionnet Hills, an addition to the City of Fort berth, Tare-apt County,
Texas, according to the Plat recorded ill Volume 388, Page 74, of the Plat Records of Tarrant County,
Texas.
The City Council of the City of l ort Worth ("City Co unciil") hereby Bids and the City and Owner
hereby agree that the follolwing 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
N'e ; hborhood Empower-nent Zone (NEZ) if the municipality determines that the creation of
the zone would promote:
(1) The creation of alffiordable housing, including ma a-fact :r d.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) rehabilitation of affordable housing in the zone.
B Chapter 378 of the Texas Local Delve _ -ent Code provides that a municipality that creates a
NEZ, may eater into agreements abating municipal property tares on property in the zone.
C On July 31, x,001, the City adopted "basic incentives for property owners who own property
located in.a NEE, stating that the City elects to be eligible to participate in tai: abatement and
including guiclennes and criteria governing tax abatement agreements entered into between
the City and various third parties, titled "NEZ Basic Incentives", -these were readopted on
May 21, 20113 (Resolution No. 4209).
D. The NEZ Incentives contain appropirtate guidelines and criteria governing ing 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 February 3, 20,09, the City Council adopted Ordinance N'o. 1,5815 ("Ordi*nance")
establishing "Neighborhood Empowerment Reinvestment Zone No. 1.3," City of Fort Worth,
Texas "Zone"),
F. Owner owns certain real property located entirely within the Berry/University NEZ and that
is more particularly described in Exhibit `17, attached :hereto and hereby made a part of this
Agreement for all purposes (the remises")
i OFFICIAL RF-CORD
NEZ Tax Abatement with Raymond and Janet M. Brown rjory SF.CRETARY
Approved by &C C-26673, February 18, 2014 FTwi WORTHo
L to it i v r.u ku'l il, Page I of 12
Uwner or its assigns plan to construct, the Required Improvements,, as defined in Section 1.l
of this Agreement, on the Premises to be used as, a single-framfly residence that will be
Owner occupied.
H. On December 31, 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 Exfitibit "'2" and hereby rnade a part of this Agreement for
all purposes.
I. 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,
ordmances, rules and regulations,.
J. The terms of this Agreement, and the Premises and Required Improvements, satisfy the
eligibility criteria of the NEZ Incentives.
K. Written notice that th.e 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
of of the governing bodies of each of the taxing its in which the Premises 'is located.
NOW, THEREFORE, the City and Owner, for and in consideration of the terms and conditions set
,orth,heren, do hereby contract, covenant and agree as follows:
- i
L. OWNER'S COVIENAN'TS,
.1.1. Real Property Improvements.
Owner shall repair/remodel Owner's home, a Single-Family Dwelling,, (collectively, the
"Requl"red Improvements"), -the kind and type of remodel are more particularly described in
Exhibit "Y'. Minor variations in the Required Improvernents 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 ' "
m (improvements Exhibit Y'. Tarrant
' . .
Appraisal District ust appraise the property and land) with*n 10%, of$92,,
1.2. Completion Date of Reguired Improvements.
1.f�
Owner certifies that the Required Improvements will be completed within two, years, from the
date of' Council approval. J'he abatement will automatically terminate two years after Council
approval if'the project is not complete, unless delayed. because of force majeurel in which case the
two years shall be extended by the number of days conk'sink, the specific force ma,
j eure. For
purposes of this Agreement, force majeure shall mean an event beyond Owner's reasonable control
as deten-nined by the City of Fort Worth in its sole discretion, which shall not be useasonably
NEZ Tax Abatement with Raymond and Janet M. Brown
Approved by M&C C-26673, February 18, 2014
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withheld., including, without limitation, delays caused by adverse weather, delays in receipt of any
required pen-nits or approvals ftom any governmental authority, acts of God, or fires. Force majeure
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 the Required Improvements shall be rehabilitated and the Premises
shall be used as the primary residence of the Owner in accordance with the description of the
Project set forth in the Exhl*b,l*t "Y'. In addition,, Owner covenants that throughout the "I'erm, the
Required Improvements shall be operated, and maintained for the purposes set forth in this
Agreement and in a manner that is consistent with the general purposes of encouraging
development or redevelopment of the Zone.,
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
s if
pec ically 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 lased upon the
increase in value of the Premises due to the Required Improvements, over its value on July 18,
'2013, the year in which both parties executed this Agreement.
If the appraised, value of the Required Improvements are less than as provided in Section
1.1 of th1s, Agreement, Owner shall not be eligible to receive any Abatement under this
Agreement.
2.2 Inereasein 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 Pyre lees due
to construction of the Required Improveinents. 't"he Abatement shall not apply to taxes on the
land, nor shall the abatement apply to mineral. Interests.
2.3. Ter f Abatement.
ffie to of the Abatement (�jrf'erm") shall begin on January 1 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' )i anniversary of the Beginning Date.
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2A Protests Over Appraisals or Assessments.
Owner shall have the night to protest and contest any or all appraisals or assessments, of the
Premises and/or improvements thereon.
2.5 'Ab,at t Application 'Fee,
The City acknowledges receipt trom 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 REOUIRED IMPROVEMENTS,
3A. 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 Tern 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. Lertification.
Owner shall cerfify annually to the City that it is in comph'ance w:th each applicable terms 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 rental property (collectively, the
"Records") at any time during the Compliance Auditing,'["erm in,order to determine compliance wi
this Agreement. Owner shall make all applicable Records available to"the City on the Premises or at
another location in the City following reasona I we advance notice by the City and shall otherwise
cooperate fully with the City during any, audit.
n
3.3 Provision of i Rfortnation.
On or before March I following the end of every year during the Compliance Auditing Ten-n
and at any other time if requested by -the City, Owner, shall provide infiori-nation and documentation
4 ner's compliance with each of the terms, and conditions of
for the previous year that addresses Ow
this Agreement for that calendar year.
Failure to Provide all information within the control of Owner require this Section
3.3 shall, constitute an Event of Default, as defined in Section 4.1.
.FEZ, Tax Abatement with Raymond and Janet M. Brown
Approved by M&C C-26673, February 18, 2014
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3.4 Determination of Comp iiance,
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 over for the
following year of the Term and shall notify Owner of such decision and ruling. 'I",lie actual
percentage of the Abatement granted for a given year of the Term is therefore based upon owner's
compliance with the to and conditions of this Agreement during the previous year of the
Compliance Auditing Tern-i.
4. EVENTS OF DEFAULT.
4.1. 'Defined,.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(1) Owner
Iails 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 property or tangible personal property taxes; (x.11) OWNER DOES NOT USE TIC E
PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS-, or (1v)
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 (60) 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 pron-iptly, notify the City in writing, In which case
(1) after i advising the City Council in an open meeting of Owner's efforts and 'Intent to cure, Owner
shall have ninety (910) 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 (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 so,le discretion.
4#
4.3. Terminati on for Event of Default and Payment of Liquidated Dana esof
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 tem-nnate 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 oversight
NEZ Tax Abatement with, Raymond and Janet M. Brown
Approved by M.&C C-26673, February 18, 2014
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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 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 ) 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 (60') 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 33.01 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 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.
4.5 Sexually oriented business & Liquor Stores or Packne 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 PR-EMISES'.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as a primary residence or the homeowner's, mortgagee which City Council hereby agrees to,
A
the Abatement 9 ranted hereunder shall vest onl if in Owner; however f Owner sells the Premises anal
Required Improvements, this Abatement cannot be assigned to a new owner of all or any portion of the
Premises and/o�r Required Improvements 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 (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. Amy attempted assignment without the City
Council's prior consent shall constitute grounds for termination of this Agreement and the Abatement granted.
NEZ Tax Abatement with Raymond and Janet M. Brown
Approved by M&C C-266731, February 18, 2014
Page 6 olf 12
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 ho�mebuyer who will use the Required
Improvements, as, a 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 clo�nsent 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 SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF' THE SALE OF THE
REQUIRED IMPROVEMENT'S AND EXECUTION OF' THE ASSIGNMENT OF THIS
AGREEMENT WITH THE, NEW OWNER WITHIN 30 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.
64, 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 Owner:
City of Fort Worth Housing &Economic Development Dept. Raymond & Janet Brown
Attn: City Manager's Office Attn: Jay Chapa, Director 3408 Cockrell Ave.
1000 Tbrockmorton I 00O Throckmorton Fort Worth,, Texas, 76,109
Fort Worth,, Texas 761 Fort Worth, Texas, 76,102
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.
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
Conunission or any member of the governing body of any taxing units in the Zone.
NEZ Tax Abatement with Raymond and Janet, M. Brown
Approved by M&C C-261673, February 18, 2014
Page 7 of 12
7.3. Confl icts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances or
regulati , and this A men
gree t, such ordinances oeg
r regulations shall. control. In. the event of any
ons A
conflict between the body of this Agreement and Exhibit "Y', the body of` -[his Agreement shall
control.
Future Application.
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 riot be construed as evidence that such exemptions do not apply
to the Premises and/or Required Improvements.
7.5. C16W ouncil Authorization.
This Agreement was authorized by the City Council through approval of Mayor and
Council Communication No. C-26673 on February 18, 2014, which, among other things
authorized the City Manager to execute this Agreement on behalf of the City.
7.6. Estolpeel 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 full '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 remainsng
term of this Agreement, the levels and remaining term of the Abatement in effect, mid such other
matters reasonably requested by the party or parties to receive the certificates.
7.7. Qcaner Stan, 6
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 an Jurisdiction.
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 lie in the State District Court of Tarrant County, Texas. 'rhis Agreement is
performable in Tarrant County,Texas.
NEZ'I"ax Abatement with Raymond and Janet M. Brown
Approved by M&C C-26673, February 18, 2 4
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7.9. Severabill-
If any provision of this Agreement is beld to 'be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisioins shall not in any way be affected or
impaired.
7.10 Headings Not Controlli
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7JI.. Entirety of Agreementil,
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 i's 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 art original, but al.l of which
shall constitute one instrument.
CITY OF FORT WORTH: OWNER,
ByBy: LCAftfts
Fernando Costa o d Brown
Assistant City Manager
AES, OWNER.
°.v
JOIN
it
By*
7 111 ;00000 0 an M. Brown
Mary Kayser
City Secretary
0
-got%
APPROVED AS TO FORM AN
E�/x,
B y )Ir
Melinda Ramos
Assistant City Attorney
M & C-A C-26673
OFFICIAL RECORID
LFFICIA ORD
L'
CITY SECRETARY
NEZ Tax Abatement with Raymond and Janet M. Brown n W 10 TX
a WORTNo TX
Approved, by M&C C-2667'3, 1,1"ebruary 18, 2014 FT
Page 9 opt`12
1 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 WORTIJ, a, municipal corporation, knowntoi me to be the person and
officer whose name is subscribed to the foregoing instrument, and aclaiowl edged to me that the same was
the act of the said CITY OF FORT WORTH, "F' S, a,municipal corporation, that he was duly authorized,
to perform the same by appropriate resolution of the City Council of the City of Fort Worth 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 MY HAND AN SEAL OF OFFICE this jL( ..—day of
2014.
Kota y Public in and for
LJNDA M.H FILNGER
the State of Texas My COMMISSION EXPIRES
F"WyZ 2018
i--UN0 ICY
Notary's Printed Name
STATE, OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Raymond Brown, known to
me to be the Pierson whose name is subscribe�d 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.
TVEN UND MY HAND AND SEAL OF OFFICE this day of
I I 1 1 2014.
A G C� day
CIA L
1c
Notes is in and for
the State of Texas
SAW j,OALE
My COMMISSION EXPIRES
November 5,2oi 6
Notary's Printed Name
NEZ Tax Abatement with Raymond and Janet M. Brown
Approved by M&C 0.26673, February 18, 2014
Page 10 of 12
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Janet A Brow ti, known to
me to be the person whose name is subscribed to the foregoing instrunient, and acknowledged to me that she
executed the same for the purposesand c r ideratio�n therein expressed,, ii.i, the capacity therel*n stated.
GIVEN UND MY' HAND AND SEAL OF 01.4'FICE this ay of
2 14
10 101�
a y
SARAH J.ODLE
I N
1 MY COMMISSION EXPIRES
Nota Y�ublic in and -for
November 51,2015
the State of Texas
Notary's Printed Na .e
N Tax, Abatement with Raymond and Janet M. Brown
Approved by M&C C-261673, February 18, 20 14
Page I I of 12
Exhibit I Property Description
Exh'ibit I Application: (NEZ Incentives and "Fax Abatement,
Exhibit 3: Required Improvements description including kind, nuniber and location of the proposed
improvements.
NEB,Tax Abatement with Raymond and Janet M. Brown
Approved by M&C C-26673, February 18, 20�14
Page 12 of 12
Exhibit "I"
Property Description
3408 Cockrell Avenue, Block 20, Lot 10, Bluebonnet Hills, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the Plat recorded in Volume 388, Page 74, of the Plat Records, of Tarrant
County, Texas.
Exhibit 2
FT WORTH Application N"o,
CITY OF FO.'RT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICA"J."TON
11 APPLICATION CHECK LIST - Please submit the following documentatt"oW
A completed application for
E A list of all properties owned by the applicant, owner,developer, associ,ates, principals, partners,and agents
in the City Fort Worth
540000" Non Refundable Application fee—For all Basic Incentives applications excluding"I"ax Abatement the
application fee is$25.00. For multifamily,cor'nTnercial, industrial., commercial facilities, and mixed-use tax
abatement applications: O.S%of the total Capital Investment of the project, with a$200.00 minimum and
not to exceed$2,0001.00; For residential tax abatement applications: $100.00 per house.
Proof 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,for tax abatement application,)
Title abstract of the property (only if applying for release of City liens)
A reduced I I x17 floor plan,site plan, and site elevation with
a written detailed project description that includes a construction tityle'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
Required - Meet with the Couticilmember and Neighborhood&other Organizations representing the NEZ
as outlined in the PUblic Notice requirement of the N Policy and Guidelines revised April 6, 2004 or
followed guidetine�s of NEZ Strategic Plan if a Strategic Plan,is in place for the specific NEZ.
Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation(For projects located in Woodhaven NEE only)
INCOMPLETE APPLICATJONS WILI.,, NOT BE PROCESSED FOR CERTIFICA,rION 1JN Tit., ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS AFTER THE
APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENTREFORE ANY BUILDING PERMITS ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 6o To go
BUSINESS DAYS TO COMPIJETE THE TAX ABATEMENT AGREEMENTAPPROVAL PROCESS AFTER THE
ISSUANCE 01F NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL
BUILDING PERMITS MUST BE PULI-JED WITHIN THE 12 MONTH PERIOD TIIAT CERTIFICATION WAS
APPROVED, OR WITHIN THE 12, NION"111PERIOD THAT THE TAX ABATEMENT WAS APPROVED.,OR YOU
WI1A,.-,BE REQUIRED TO RE-APPLY FOR NE Z INCENTIVES.
11. APPIACANT AGENT INFORMATION
it
1. Applicant: 2. ContactPerson,
3. Address:
Street ("Ity State Zip
4. Pbone no.: (2,b 5. Fax No..- L
q) t0i 7b 72)
tot (Pil
6, Email 1: vili Al"411 V."4
7. Agent if any) .................
8�. Address:'
e CAq
Stret State Zip
9. Phone no., -10. Fax No.
................ .......
11, Email:
Revised July 1,2,2 011
VORT WORTH
'144V Application No.
PROJECT ELIGIBILITY
1. Please list down the addresses and legal descriptions of the project and other properties your
organization owns in Fort Worth. Attach metes and bounds description if no address or lega,l
0
description is available. Attach a map showing the location of the project.
Table I IP Ownership
....................
Address Zip Code -Uga,(L. tion ------------------
(PK2j'5�q Location) Subdivision Name Lot No. Block No.
................................
17(
0�1�09
8L twA157 ...........................1- 10
........................................
Other,properties owned in the City of Fort Worth continue on a separate sheet and attach if necessary.
.........................
.............. . ............
.........................................................
2. For each property listed lin Table I.,please check the boxes below toindic ate l'if:
0 there are taxes past diie;or
0 there are City liens, or
0 You (meaning the applicant, developer, associates, agents, principals) have been subject to a Bluilding
Standards Commission's Order of Demolition where the proper�ty was dernolished within the last five
years.
i
Table 2 Prope J ens
rty Taxes and qtt-yJ
Property city Liens on Property
Address Taxes Weed Boa rd-up/Open Demolition Paving Order of
1)ue LIMS Stuettire Liens Liens Liens Demolition
Eil 1:1
3" coc
L m 1:1 1:1 F-1
..................... ... .................... .....................
0 w
._ ! 0
.............................................
1:1 L ] El
El
L . El El
. .........
C�1ea -t-a'ch addit onal shuts of Ip aperas ed.)
If there are taxes due or liens against any property in the City of Fort Worth you inay not be eligibJe
for NEB "Incentives
Revised July 12,2011 2
FORT WORTH Ap p heatio n N o,
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 no., what steps are being taken to inSUre compliance?
Project
,rype. Single Family Muld-Family Commercial Industrial Comm ni ty Facilities Mixed-Use
Owner Occupied
Rental Property
6. Please describe the proposed residential'or commercial project:,-,
T17L-r
JX111111;;;��_ 11
7. If your project is a commercial,industrial, or mixed-use project,please describe the types of
businesses that are being proposed:
NI
8. Is this a new construction or rehab project? X New Construction Rehab
9. How much is the total development cost of your pro"ect?
t
10. Will the eligible rehabilitation work* equal to at least 30% of the Tarrant Appraisal District (TAD)
assessed value of the structure during the year rehabilitation occurs.9
X Yes EJ No
*Eligible.rehabilitation includes ly physical improvements to real property. It does:NOT include:
Fro it yard fencing consisting of chain-fink or solid material construction; personal property such as furniture,
appliances, equipment, and/or supplies.1'otal eligible rehabilitation costs shall equal to or exceed, 30%o:f the
TAD appraised value of the structure during the year rehabilitation occurs.
11. How much is the total square footage of your projec 321 zpb square/fe
Happlying for a tax abatement please answer questions 12 16.If not skip to part III Incentives"eet,12.For a sin g!,e-family homeownership mixed-use, or multi-famfly,!lie vFlu pqiept pro please r out HI
the number of residential units based on 'income range of owners or renters in the following table.
04
Table 3: Number of'Residential Units and Income Ran: e of Owners or Renters
F Number of"Units Percentage
Mcome Range
At or below 80% of'AMFI
Total'Units,
**AWI: Area Median Family Income. Please see,attaclitnent for income and Dousing payment guidelines.
13. For a multifamily pro* ct
le to be qualified for tax abatement, at least 20:% of total units sball be
affordable to faniffies: at or below 80% of'AMFI. Chech the box if you are requesting a, vale of this
requirement.
14. For a commercial, industrial or commun,ity cilities 12r9ject. indicate square footage, of non-
residential space.
Conimbrcia.l Indus trial Co:mmunit�Facilities
square feet
square feet square feet
Revised July 12,2011 3
.......... ...........
FORT WORTH App lie ationNo.
t5. How 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 Bu et of the Pro'ect
J— .............
Items Amount Notes
m.
SEE
Total
***Capital Investment includes only real property improvements such as new facilities and structures,site improvements, facility
expansion, and facility modernization. Capital Investment DOES NOT include land' acquisition costs and/or any' existing
improvements,or personal property(such as machinery,equipment,and/or supplies or inventory).
16. For a commercial, industrial, commu, facility or mixed use pLo 0
ject how many cunpioyees will the
project generate
17. For a mixed-,use pro'ect, please 'Indicate the percentage of all uses in the project in the following table.
Table 5 Percentage of Uses in a Mixed-Use Project
Type Square Footage Percentage,
Residential
Office
Entertainment
Retail sales
Service
Total
Ill. INCENTIVES What incentives are you applying for?
Municipal Property Tax Abatements
Must provide Final Plat Cabinet and Slide for Tax Abatement C ab in et Slide
D 5 years L More than 5 years
Mresidential owner occupied []Residential Rental Property ElApartments (5 plus units) [:1 Commercial
Deyelopment Fee Waivers
X All building permit related fees (including Plans Review and Inspections)
Plat application fee(including concept plan, preliminary plat, 171nal plat, short form rep tat)
Zoning application fee El Board of Adjustment application fee
Demolition fee E] Structure rnovingfee
Community Facilities Agreement(CFA) application fee
Street and utility easement,vacation application fee
IgIpact Fee Waivers -The maximum water/wastewater imp�act fee waiver amount for a commercial, industrial, mixed-
use, or communit facility devefopment project is equivalent to thew ater/w astew titer impact fee of two 6-inch meters
Water (Meter S,ize (No. of meters
Transportation
Release of Cl!1 Liens
F-1 Weed liens
..i Paving liens Board up/open structure liens, E] Demolition liens
Revised Rily 12,2011 4
FoRTWORTH
If
App,fication No
0 ON—
ACKNOWLEDGMENTS
I hereby certify that the information provided is true and accurate to 'the best of' my knowledge. I hereb,y
acknolwlecige that I have received a copy of'NEZ Basic Incentives, which governs the granting of tax abatements, fee
waivers and release of City Irene, and', that any VIOLA1710N of the terms of the NEZ Basic Incentives or
MISRE,4PRESENTATION shall constitute grounds for rqjecttion of an application or tent nination of incentives at the
discretion of the City.
I understand that the approlval if fee waivers and other-incentives shall not,be deemed tobe approvall of any aspect of
the project. I understand that I am resplonsible in obtaining requireld pert-nits and inspections from the City 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 deten-nining eligibility as-, pested b the City.
(P fNTED OR TYPED NAME) U HORIZED,SIGINA11JR-E) (DATE)
Please mail or fax your app Ilicatlion to.,
R
City offort Wortlit Planning and Development Department
1000,Throckmorton Street,Fort Worth,Texas 7611012
1 Tel*- (817)31,92-22,22 Fax-, ( 7)392-81t6
oil
Electronic,versionof this fair mls available on our, ski s. For more information on the NEZ Program, please visit
rear web site at www.,fortworthgov.org/plannl*nganddevelol ent
For Offi ce'Use Only
Application Nol. In wliich N L-29. Council,District
Application Completed Date(Received Date)l.- Conform with Zoning? El Yes No
Yp:e SF Multifamily F
-1 Coon iercial Ll Industrial El Corr irriunity facill. i es E] Mixed-Use
Constr=tiOrl completion date? F I Before NEZ EJ After NEZ Ownership/Site Control E] Yes E]No
"f AD Accot,int No. Consistent with the NEZ plan? Ell Yes EI'No
Meet affordability test? El Yes No Minirnum Capital Investment? Yes No
Rehab at or higher than 30%9. El Yes Ej No Meet n,iixed-LlSe,definition? Yes No
$', 1 -1 No, X 'No
I ax current on this,property? Yes T<,,i current on other properties? Yes
City liens on this property. Clity liens on other properties',.)'
Wgeld liens, Yes No Weed liens m. Yes, No
Bolard-up/opeta structure liens, yes E] No Board-up/open strUcture liens Yes No
Demolition liens El Yes El No Demolition heiis Y es "No,
Paving liens Yes No 111aving lieris Yes No,
Order of dernolitfor El yes E No Order of demolition Yes No,
Certified? Yes No Certified by Date certification issued.9
If not certified,reason
Referred to: EEcoriornic Development 1JI-1ousing F-]Dev ell opnient EWtiter L]Code T.
Revised July 1,2,,2011 5
Exhibit "Y"
Project Description
Single Family Residence Remodel
585 Square foot addition consisting of a,greenhouse, walk In closet, sewing room and laundry room with
stone veneer and gabled roof. Approximately 380 square feet of the addition shall have heat and air.
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COUNCIL ACTION,' Approved on 2' 8 20 � 1
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uATE 2 812014 N 026673 Lu" NAME, 7NEZ3 COCr,MEL_LAVENUE
CONSENT
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Raymond andJanet M.
Biro n for the Construction of an Addition to Single Family Dwelling on Property Located
at 34,08 Cockrell v nlu in the Berry/University Nei labor o o r ant Zone
(COUNCIL DISTRICT 91)
RECOMMENDATION*-
It is recommended than the City Council authorize the execu�ti In o�t'a livell�-yeIar Tax AbateImeInt
Agreement with Raymond and Janet M. Brown for the construction of an addition t a single-family
�house on property located at 3408 Cockrell Avenue ins the Berry/University Neighborhood
Empowerment done, In accordance with the Neighborhood Empowerment Zone Tax Abatement
Policy and Basic Incentives.
DISCUSSION:
Raymond and Janet M. Brown (Property perty Owners) are the owners t e property described as 'Lot 10,
Block 20, luebI n�net H ills, any add�iti In t o the City of F Irt Worth,I Tarrant Counter, Texas, according to
the Plat recorded in Volume 388, Page 74, of the Plat Records of Tarrant County, Texas, at 3408
Cockrell Avenue, Fort Worth, texas, The property is located within the Berry/University
Neighborhood Eirnpowermient Zone NEZ and is a designated 'Historic Site.. On April 8, 2013, the
Historic and Cultural Landmara s C,ommm�issioln approved a, Certificate of Appropriateness, for the
construction o�t the addition.
The property owner plans to invest an estimated ,amount of$92,000..010 to construct an approximately
585 square toot add'iti on to a singlIe-ta�rnily residence (Project). The Project is the owners primary
residence.
Thy Housing and Economic Development Department reviewed the application and ertified that the
property owner and r i ct met the eligibillity alit ri, to recants a NEZ Municipal Property Tax
Abatement. The N'EZ N'S Busk 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
ithin t ut FEZ.
Upon execution of the re
improvements, used for calculating
municipal property
tax
pre-improvement'value, as defined by the Tarrant Appraisal District TA on February 5, 2014, for
the pIroplerty as follows-
Pre-Improvement Value of Improvements 77'�,
Pre-Improvement Estimated Value of L n
Total Pre-improvement Estimated Value $ 2291800,00
The municipal property tax on the improved value of 'rJ �t after construction us sti
ut un the amount of$786.60 per year foir a total amount of$3,9!33.00 over the five-year period. Hower r, tai
i n the TAD
estimate r�u��y differ from the a1ctuI tax d�uterr�lent aN�ue, wl�ucl� wuNI be calculated based
appraised value of the property.
Plage t of
I'n the e� it of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new
owner's first mortgagee or a new owner as their primary residence. All other assignments must be
approved by the City Council.
This property is located in COUNCIL DISTRICT 9, Maps co 90A.
FISCAL INFORMATI'ON/CERI"I'FI'CAT'110,,""N-m
The Financial Management Services Director certifies, that this action will not increase the total
,appro�priations of City funds.
10 Fun d/Act ou nt/C enters FROM Fund/AGCOunt/Ceniters
...........................
S,ubmitte�d for City Manager 1,S of c Fernando Costa (6112,2)
Orl*g,.Mating-Department Head,,-,- Cynthia Garcia (8187)
Jay Ch pa (5804)
Additional Information Contact: Sarah Odle (7316)
................. ....... ..................
ATTACHMENTS
34018 Cockrell Avenue Map. df
Elevations and Floor PI df
HCLC AP roval Letter
Page 2 ot z,