HomeMy WebLinkAboutContract 46561 CITY SECRETARY
NWRACT NO,
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
EMPOWERMENT ZONE
1116 Fairview Street
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between
the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized
under the laws of the State of Texas and acting by and through David Cooke, its duly authorized City
Manager, and Cong Mai Tran, owner of property located 1116 Fairview Street, Block C, Lot E,
Sylvania Park Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to
the Plat recorded in Volume 388D,Page 225,of the Plat Records of Tarrant County,Texas.
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and
Owner hereby agree that the following statements are true and correct and constitute the basis upon
which the City and Owner have entered into this Agreement:
A. Chapter 378 of the Texas Local Government Code allows a municipality to create a
neighborhood empowerment zone if the municipality determines that the creation of the zone would
promote:
(1) the creation of affordable housing,including 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 affordable housing in the zone.
B. Chapter 378 of the Texas Local Government Code provides that a municipality that
creates a neighborhood empowerment zone may enter into agreements abating municipal property
taxes on property in the zone.
C. On July 31, 2001, the City Council adopted basic incentives for property owners who
own property located in a Neighborhood Empowerment Zone, stating that the City elects to be
eligible to participate in tax abatement and including guidelines and criteria governing tax: abatement
agreements entered into between the City and various third parties, titled "Neighborhood
Empowerment Zone "NEZ Basic Incentives" ("NEZ Incentives"),these were readopted on May 6,
LIM 2014(Resolution No. 4319).
0
N
o D. The NEZ Incentives contains 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(the"Code").
0
E. On April 5, 2011, the Fort Worth City Council adopted Ordinance No. 19641 (the
M "Ordinance") establishing "Neighborhood Empowerment Reinvestment Zone No.38" City of Fort
C-) Worth, Texas (the "Zone") and adopted Resolution No. 3981 establishing "Designation of the Six
Points Area as a Neighborhood Empowerment Zone"(the "NEZ").
F. Owner owns certain real property located entirely within the Zone and that is more
particularly described in Exhibit"1", attached hereto and hereby made apart of this Agreementforall
purposes(the"Premises").
OFFICIAL RECORD
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NEZ Tax Abatement with Cong Mai Tran FT.WORTH,TX
Approved by M&C C-26967, September 9, 2014
G. Owner or its assigns plan to redevelop/remodel an existing building, Required
Improvements, as defined in Section 1.1 of this Agreement,on the Premises(the"Project").
H. On July 17, 2014, 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 purposes.
I. 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, ordinances,rules and regulations.
J. The terms of this Agreement, and the Premises and Required Improvements, satisfy
the eligibility criteria of the NEZ Incentives.
1C 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, 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 single-family residence, of at least 3,362 square feet in size and
built to the specifications listed in Exhibit "3", (collectively the "Required Improvements").
Tarrant Appraisal District must appraise the property (improvements and land) within 10% of
$180,000.00. Owner shall provide a survey of the home upon completion of the Required
Improvements. The parties agree that the final survey shall be a part of this Agreement and
shall be labeled Exhibit "4". Minor variations and more substantial variations if approved in
writing by both parties to this Agreement before construction is undertaken in the Required
Improvements from the description provided in the Application for Tax Abatement shall not
constitute an Event of Default, as defined in Section 4.1, provided that the conditions in the
first sentence of this Section 1.1 are met and the Required Improvements are used for the
purposes and in the manner described in Exhibit"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
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determined by the City of Fort Worth in its sole discretion, which shall not be unreasonably
withheld, including, without limitation, delays caused by adverse weather,delays in receipt of
any required permits or approvals from 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 used as rental property 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 AMOUNTS, TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real
property tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required
Improvements, as specifically provided in this Section 2 ("Abatement"). Abatement does not include
taxes from other taxing entities.
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based
upon the increase in value of the Premises due to the Required Improvements, over its value
on September 9, 2014, after the demolition of an existing structure. The pre improved value
for tax abatement purposes is 0.00.
If the square footage requirement and the appraised value of 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 be 100% of the increase in value from the construction
of the Required Improvements and shall apply only to taxes on the increase in value of the
Premises due to construction of the Required Improvements. The Abatement shall not apply
to taxes on the land, nor shall the abatement apply to mineral interests.
23. Term of Abatement.
The term of the Abatement ( "Terra") shall begin on January I of the year following
the calendar year in which the Required Improvement is completed ('Beginning Date") and,
unless sooner terminated as herein provided, shall end on December 31 immediately
preceding the fifth(5h)anniversary of the Beginning Date.
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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.
2.5. 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.
3. RECORDS,AUDITS AND EVALUATION OF REQUIRED 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. Certification.
Owner shall certify annually to the City that it is in compliance with each applicable
term of this Agreement. The City shall have the right to audit at the City's expense the
Required Improvement with respects to the specifications listed in Exhibit "Y'. Owner must
provide documentation that Owner is using the Required Improvements as its primary
residence (collectively, the "Records") at any time during the Compliance Auditing Term in
order to determine compliance with this Agreement. Owner shall make all applicable Records
available to the City on the Premises or at another location in the City following reasonable
advance notice by the City and shall otherwise cooperate fully with the City during any audit.
3.3 Provision of Information.
On or before March 1 following the end of every year during the Compliance Auditing
Term and at any other time if requested by the City, Owner shall provide information and
documentation for the previous year that addresses Owner's compliance with each of the
terms and conditions of this Agreement for that calendar year.
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 make 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 ruling.
The actual percentage of the Abatement granted for a given year of the Term is therefore
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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. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i)
Owner fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem
real property taxes with respect to the Premises or the Required Improvements, or its ad
valorem taxes with respect to the tangible personal property located on the Premises, become
delinquent and Owner does not timely and properly 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 BEGINS; or (iv) OWNER DOES NOT COMPLY WITH CHAPTER 7
AND APPENDIX B OF THE CODE OF ORDINANCES OF THE CITY OF FORT
WORTH(collectively, each an "Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the
City shall provide a written notice to Owner that describes the nature of the Event of Default.
Owner shall have sixty (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 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 (90) days to cure the Event of Default, after advising the City Council in an open
meeting of Owner's efforts and intent to cure, such additional time, if any, as may be offered
by the City Council in its sole discretion.
4.3. Termination for Event of Default and Payment of Liquidated Damages.
If an Event of Default which is defined in Section 4.1 has not been cured within the
time frame specifically allowed under Section 4.2, the City shall have the right to terminate
this Agreement immediately. Owner acknowledges and agrees that an uncured Event of
Default will (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) otherwise 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; 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
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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, (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 Package Stores.
a. Owner understands and agrees that the City has the right to terminate this
agreement if the Required Improvements contains or will contain a sexually oriented
business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined in City's sole discretion if the Required Improvements contains or
will contain a liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the
Required Improvements as rental property or the homeowner's mortgagee which City Council hereby
agrees to, the Abatement granted hereunder shall vest only in Owner; however if Owner sells the
Premises and Required Improvements, this Abatement cannot be assigned to a new owner of all or
any portion of the Premises and/or Required Improvements without the prior consent of the City
Council, which consent shall not be unreasonably withheld provided that (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. Any attempted assignment without the City Council's prior consent shall
constitute grounds for termination of this Agreement and the Abatement granted hereunder following
ten(10)calendar days of receipt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as rental property 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.
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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 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.
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery:
City: and Owner:
City of Fort Worth Housing&Economic Development Dept. Cong Mai Tran
Attn: City Manager's Office Attn: Jay Chapa,Director 1526 Phoenician Dr.
1000 Throckmorton 1000 Throckmorton Katy, Texas 77494
Fort Worth, Texas 76102 Fort Worth, Texas 76102
7. MISCELLANEOUS.
7.1. Bonds
The Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to the rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this
Agreement are owned or leased by any member of the City Council, any member of the City
Planning or Zoning Commission or any member of the governing body of any taxing units in
the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City
ordinances or regulations, and this Agreement, such ordinances or regulations shall control. In
the event of any conflict between the body of this Agreement and Exhibit "3", the body of this
Agreement shall control.
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7.4. 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 not be construed as evidence that such exemptions do not
apply to the Premises and/or Required Improvements.
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor and
Council Communication No. C-26967 on September 9, 2014, 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 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 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 Standing.
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 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. This
Agreement is performable in Tarrant County, Texas.
7.9. Severability.
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 Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
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7.11. Entirety 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. 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.
CITY OF FORT WORTH: OWNER:
By: By:
Fernando Costa Co Mai Tran
Assistant City Manager O, r
ATTEST:
-- Q p0�
-V%0
By: _8 o70
ary Kaye V$ $Z
°
City Secretary ° "°0
Divx
APPROVED AS TO FORM AND LEGALITY:
By:�l � 1�Q�' u��titi���
Melinda Ramos
Sr. Assistant City Attorney
M & C: C-26967
EOFFICIALECORD
ETARY
Page 9 of 11 H,TX
NEZ Tax Abatement with Cong Mai Tran
Approved by M&C C-26967, September 9, 2014
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be
the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation,
that he was duly authorized to perform the same by appropriate resolution of the City Council of the
City of Fort Worth and that he executed the same as the act of the said City for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26ay of
maxrj, "n 2015.
Notary blicin for
the Staff Tex
II "Y'P TRIKINVA L. JOHNSON
ar;�a...�e,.,
f:° = Noloty PUb1iC.state 01 T9XQ$
Notary's Printed Aame ^: ?;, My Commission Expires
April 17, 2018
~I111111
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Cong Mai Tran,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein expressed,
in the capacity therein stated.
GIVEN UNDER V11Y HAND AND SEAL OF OFFICE this = day of
32015.
Notary in and
the State of Texas
l� •
Notary's Printoyame
Wgj NEy H LKENINtl
(lei
Notary Pu EX srA>� of TDIAiS ®FFICIAI.RECORD
My Carton FxO.Dec.1T,2016
CITY SECRETARY
FT.WORTH,TX
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Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Required Improvements description
Exhibit 4: Final Survey
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Exhibit
Property Description
1116 Fairview Street, Block C, Lot E, Sylvania Park Addition, an Addition to the City of
Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388D, Page
225, of the Plat Records of Tarrant County, Texas
Exhibit 2
I'
0RTWORTH Application No.
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CER T IFICATION APPLICATION
!. APPLICATION CHECKLIST - Please submit the following documentation: ` ;
jr] A completed application form
`i A list of all properlies owned by the applicant,owner.developer, associates,principals•partners.and agrntr.
in the Cit%'Fort Worth
Non Refundable Application fee—For all Basic htcenlives applications excluding'Fax Abaienteni the
application fee is$25.00.For mulliNtnily,commercial,industrial,commercial facilities.ani mixed-use Ws
abatement applications:0.5%of the total Capital Inveshnem of the project, with a 5200.00 minimum ival
not to exceed$2.000.00;For residential tax abatement applications:S100 00 per house.
�j Proof of ownership.such as a warranty deed,affidavit of heirship.or probated will OR evidence oC;ite
control.Such as option to buy(A registered warranty deed is required for tax abatement applie.tion.)
—i Title ahstracl of the property (only if applying for release of City liens) l'
A reduced l Ix17 floor plan,site plan,and site elevation with i
a writien detailed project description that includes a construction time line
A detailed line item budget showing the cost breakdown for the prnjccl
Copy of Incorporation Papers noting all principals,partners,and agents if appliatble
Required-Meet with the Councilmcmber and Neighborhood&other Organizations representing,the NF-17.
aS outlined in the Public Notice requirement of the NEZ Policy and Guidelines mviscd April 6.2004 or.
followed guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
!i {{
Support IeUer froth Woodhaven Neighborhom!Association and Woodhaven Community I)evelopmer!
Corporation(For projects located in Woodhaven NF.Z only)
;NCOMPLETE APPLICATION'S WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ,%I.L REQL'IFIEU
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED M ITHLV 30 DAN'S AFTER 'i Ill:
I PPLICATIONIS RECEIVED.
I'01' MUST APPLY FOR TAX ABATENIENT BEFORE ANY BUILD[\G PERMITS ARE ISSUED FOR )011%
PROPERT\' AND BEFORE. ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. 1-C -i-AkES 6o f0 4(1
!WSINESS DAPS TO CO.NIPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER 1l11•:
ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJI•:C'['. AI.I. "r
BUILDING PER-NUTS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION W.11: 'i'�'•
APPROVED,OR WITHIN THE 12 MON-1-11 PERIOD THAT-rnE'TAN ABATE.11FNT WA5 APt'RO1'ED,OR 1.Ot
WILL,BE REQUIRED TO RE-APPLI'FOR NEZ INCENTIVES.
d5�.1 •
]I. APPLICANT/A//GENT INFORMATION
1. Applicant: t.Wlq �Ir01 n Z. Contact Perso } g .-
3_ Address _.n.,..n ... t
Street Cit• slaW Zip
---•---- -� r•+
4. Phone no.: =7(ro$ _$?2 L 5. Fat No..
t . Frnail:
Agent(if any) t�lr
4. Address: A
W.
SV9W 7-
Strect �1City1\0el Stale Zip
n -- - -
9. Phone o: 10. Fax
: ..
b4�
R_Osed JuIv 12.'_011
;r
sjj°ii
NEZ PROJECT BUDGET SIMET
FOR HOMEOWNER or INVESTOR/OIMER REHAB
Property Address: H16 Fktryl w Sf, Ir ( • aft-h 1 K 7 V II
Applicant(Printed Namc): ceY It
**1�4 basic floor plan,elevation,building sketch,arelrltectural drrnving,or or/rer graphicul representation of )1'
the stnrcrure to be re aired and die work to be performed should he aUuched Li srr ort a this bud et.
Work item (please add further description if possible) Cost
Roof Repair/Replacement ( `'
Plumbing Repair/Upgrade r
�.._, --.—__— . . ,:.�Y'moi'•
i Electrical Repair/Upgrade
Flooring Upgrade(Carpel,Tile,etc.)
Kitchen Remodeling
Bathroom Remodeling ---^-- ----—� '+r;;�:•
' added Room(s)--Total Square Feet Added:
J.-
.added Garage
Interior Walls(Paint,etc.)
Foundation or Porch Repair/Upgrade
I testing/Air Conditioning —�'--
Exterior:Paint,Siding,etc.
Landscaping ---------- l`
W0 ---- -- op
*Irv»rs,Nat Allowed per Planning and Development Dept: Carporls,Solid or Chaiud ink-I - r
Fru,rr Fences
Ij lonreuivner Labor nlj=: Total umber of Hours: X—per hour
—� Total Estimated Costs
Chi-tier Cert ylcrdion of Cost Estimate: —^
1. YA ,
hereby certify that the ve est' hosts for the proposedMAMA ;'•�;
rchabili&dR of my property at--��/1r�l�+I yl •[,0�[ICt n�f corrsct. "i.:
•y•,l l
i4'1N
- • 'is
FORT WORTH
Applicatior No.
4,
PROJECT ELIGIBILITY
t. 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 1q,113;
description is available. Attach a map showing the location of the project. !'}
Ihblc ! Pro erty Ownershi
—
Address Zip Code _Ile�c•reph,�__.r_ ____.
(Project Location) Subdivision Name ' Lot No. Block No.
Other properties owned in the City of Fort Worth.-continue an a separate sheet and attach if neccssan. t
a �r
For each property listed in Table 1,please check the boxes below to indicate if:
a t lore arc talesast due;or
p
e there are City liens;or
e You (meaning the applicant, developer, associates, agents, principals) have hccn subject to :1
Standards Commission's Order of Demolition %%here the propert% %vas demolished stithin the h.>t 1;•
years. ,
'fable 2 Property Takes and Cit}Liens {
Property City Liens un property 1.'.6
Address Taxes Weed Guard-up/Open Demolition i Puving r Order of iI; Sj i
Due Liens Stucture Liens Liens Lieu, f Dernuli!iou
CT
F1 L
E3 r
--- El
El LlLi;
i
❑ ❑ —�--❑ c _n ._._..
(Please attach additional sheets of paper as needed.)
If there are tares due or liens against any property in the Cite of Furt Worth you may not be eligihii. l:
for NEZ incentives
-e 101} 12,2011 - "'
FORT_ WORTH ApplicalionNo.
li, How much will be your Cnpitnl Investment'** on the project? Please use the following table to provide
the details and amount of your Capital Investment(Attuched additional sheets if necessary).
Table 4 Itemized Budget of the Project
items Amoutit Notes
AJ E�l
Total
—Capital lnvestmenl includes only real prop"'improvements such as new facilities and structures,site improvements,facility
ecpansion, and facility modernization, Capital Invesuneni DOFS NOT include land acquisition costs andlor any existing
improvements,or personal property(such as machinery,equipment,andlor supplies or inventory).
16. For a cont.mercialt industrial,community facility or mired-use project, how ninny employees Will the
project generate?
17. For a mixed-use project, please indicate the percentage of all uses in the project in the following table.
Tnble 5 Percentage of Uses in a Mixed-Use Project
r— TypeSquare Footage ;Percentage
Residential
�OCSiue
Eating
1_-'ntertalnment
Retail sales
Service
Total
111. INCENTIVES - What incentives are you applying for?
i♦lunicipal Pronerh'Tax Abatements
Must provide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide
❑ 5 years More than 5 years
Residential owner occupied []Residential Rental Property ❑Apartments(5 plus units) ❑Commercial
Development fee Waivers
All building permit related Cees(including Plans Review and Inspections)
Plat application fee(including concept plan, preliminary plat,Final plat,short form replat)
"Zoning application fee � Baurd of Adjustment application fee
[ Demolition Cee Structure moving Cee
Community Facilities Agreement(CFA)applicarion fee
Street and utility easement vacation application fee
Imn 'ceWaivers -The •��•+•A•^-+^yygte,YTfTT�}aCt-fCE�y3t4Er-B I tela,In us ria,mlxe
use, or community facility development project is equidalent to the water/wastewater impact fee of two 6-inch meters
Water (Meter Size ) (No,of mctcrs Transportation
Re X..of Cih�Liens
[] Weed liens ❑ Paving liens ❑Board up/open structure liens ❑ Demolition liens
Revised July 12,201 1 4
FORTWORTHn kation No.
pr
PRO.]ECT ELIGIBILITY
1. Please list the addresses and legal descriptions of the project and other propertir, your organiraiiun
owns in Fort Worth. Attach metes and bounds description if no address or legal description is
available. Attach a map showing the location of the project.
Table 1 Property Ownership
Address Zip Code _ crintinn —
(Project Location) Subdivision Name Lot No. Block No.
jAc
Other properties owned in the City of Fort Worth -continue on a separate sheet and attach if necessary. '
2. For each property listed in Table 1,please check the boxes below to indicate if:
• there are taxes past due: or
• there are City liens;or
• You (meaning the applicant, developer, associates, agents, principals) have been subject to a Budding
Standards Commission's Order of Demolition where the property was demolished within the Last live
years,
I_able 2 Property Taxes and City Liens —
Property City Liens on Property —
Address Taxes Weed Board-up/Open Demolition Paving Order of
fDue Liens Stucture Liens Liens Liens Dernoiition
❑ ❑- a oa -
❑ O �— [:1 ❑
- - - -� o ❑ o ❑E3 M
❑ -
FT Ej
El L1
-- - - -
(Please attach addilional sheets of paper as needed.)
If there are taxes due or liens against any property in the City of Fort Worth you may not be eligible
for NEZ incentives
Revised July 23,2014 2
i
rORTWORTH Application No.
Ill. ACKNOWLEDGMENTS I,
I hereby certify that the information provided is true and accurate to the best of my knowled-e- I perch'• ;
;Ic1:no��ledge that I have received a copy of NEZ Basic Incentives,which governs the granting of tax abatements,
NVaivers and release of City liens, and that any VIOLATION of the terns of the NEZ. Basic h11L1111Veti ,'r
v I ISREI'RESENI-ATION shall constitute grounds for rejection of an application or termination of incenti4',�s a-,
of the City.
I widerstand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect 01
J'w llroiect. 1 understand that I am responsible in obtaining required permits snd inspections from the City and u:
.:r., rii:g the project is located in the correct zoning district.
I understand that my application will not be processed if it is incomplete. 1 agree to provide any addition•11
for determining eligibility as requested by the City.
h fa �l N ( L
l T\TED OR TYPED NAME) (A ZED SIGNATURE)EIRE) (Dr TL)
(,�
t^ Please mail or fax your application to: I -
City of Fort Worth Planning and Development Department
1000 Throckmorton Street,Fort Worth,Texas 76102
Tel:(817)392-2222 Fax:(817)393-8116
iactronic version of this form is available on our website. For more in Formation on the NEZ Program,please v i;il 'E
our web site at www,fortworthgov.nrg/planniuganddevelopment
For Office Use Only r
icaiion No. In which NFZ? Council District I'
:Application Completed Date(Received pate): _ Conform with Zoning? ❑Yes ONO
❑ SF ❑Multifamily ❑Commercial ❑Industria(
❑Comrnunity Ehcililies ❑ tilixcd-l.`sc
atruction completion date? ❑Before NEZ[IAfter NEZ O%vnership/Site Control ❑Yes❑No = r
I'',D Account No. Consistent with the NEZ plan? [,Yes ❑No q
±cot affordability test? ❑Yes ❑No Minimum Capital Investment'. FE Ycs ❑No
i Rehab at or higher than 300/o? ❑Yes ❑No Meet mixed-use definition? ❑Yes ❑No
7'ax current on this property? El Yes ❑No -fax current on other properties?lerties? Yes t
P { ❑ ❑ No 1:
Cin liens on this property? City liens on other properties?
• Weed liens ❑Yes ❑No Weed liens ❑Yes []No Y
mrd-up/openstrueWreiicns ❑'Yes—❑1`to--- --o Cioard-up open structure Hens es No
')amotiliun liens ❑Yes ❑No • Denlolitlun liens ❑Yes ❑No
' ing liens [-]Yes ❑No • Paving(lens ❑Yes ❑No
t_!rder of dernolition ❑Yes ❑No o Order of demolition ❑Yes El No a
j '. c:Eified:' ❑ Yes ❑No Certified by Date certification issued?
;i certified.reason
RLIerred to: ❑Economic Development ❑Housing ❑Development []Wafer ❑Code ❑TPW 1
Voiced July 12,2011 5
', t
Exhibit 3
Proiect Description
Single Family Residence
Approximately 3,362 total square feet
3 Bedrooms
2 '/2 Bathrooms
Dining Room
Living Room
Great Room
Utility Room
2 Car Garage
Rear Covered Patio
Exhibit 4
Final Survey
Will be provided to City after construction is complete and final Inspection is passed.
Official
CITY COUNCIL AGENDA FURTWORTH
COUNCIL ACTION: Approved on 9/9/2014
DATE: 9/9/2014 REFERENCE C-26967 LOG NAME: 17NEZ1116FAIRVIEW
NO.:
NOW PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Cong Mai Tran for the
Construction of a Single-Family Dwelling at 1116 Fairview Street in the Six Points
Neighborhood Empowerment Zone (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Cong Mai Tran for the construction of a single-family dwelling at 1116 Fairview Street
in the Six Points Neighborhood Empowerment Zone, in accordance with the Neighborhood
Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Cong Mai Tran (Property Owner), is the owner of the property described as Block C, Lot E, Sylvania
Park Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat
recorded in Volume 388-D, Page 225, of the Plat Records of Tarrant County, Texas, at 1116 Street,
Fort Worth, Texas. The property is located within the Six Points Neighborhood Empowerment Zone
(NEZ).
The Property Owner plans to invest an estimated amount of$180,000.00 to construct an
approximately 3,362 square foot single-family residence (Project). The Project will be used as the
primary residence of the owner's parents.
The Housing and Economic Development Department reviewed the application and certified that the
Property Owner and Project met 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.
Upon execution of the 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 2015. At this time,
Tarrant Appraisal District has the improvements on the property valued at $47,550.00. The owner
has demolished the existing building on the property so the pre-improved value for tax abatement
purposes will be $0.00.
The municipal property tax on the improved value of the Project after construction is estimated in the
amount of$1,539.00 per year for a total amount of$7,695.00 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
owner's first mortgagee or a new owner as rental property. All other assignments must be approved
by the City Council.
This property is located in COUNCIL DISTRICT 4, Mapsco 64J.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will not increase the total
Page 1 of 2
appropriations of City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Jay Chapa (5804)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
Elevations-Floor and Site Plan-3.pdf
Map 1116 Fairview St.pdf
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