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2022-004 - Approving and Authorizing an Economic Development Agreement and Tax Abatement Agreement with Essential Housing Corporation, LLCRESOLUTION NO. 2022-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT AND TAX ABATEMENT AGREEMENT WITH ESSENTIAL HOUSING CORPORATION, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas has been presented a proposed agreement by and between the City and Essential Housing Corporation, LLC providing for a an Economic Development Agreement and Tax Abatement Agreement (the "Agreement") under the 5 in 5 Housing In -fill Development Program (the "Program") adopted by the City Council on January 10, 2022, a copy of which Agreement is attached hereto as ExhLibit A and incorporated herein by reference; and, WHEREAS, on February 10, 2020, the City Council passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits eligible for the Residential Tax Abatement Program; and WHEREAS, the property defined in the Agreement and improvements to be made under the Agreement is situated within Reinvestment Zone 2020-1 and within the Program Area described in the Program; and WHEREAS, the contemplated use of the property, and the improvements to be installed thereon in the amounts set forth in the Agreement and the other terms therein are consistent with encouraging development of said reinvestment zone in accordance with the purposes for which it was created and are in compliance with the City's policy of tax abatement incentives adopted by the City adopted on January 10, 2022 and all applicable laws; WHEREAS, the City Council also wishes to offer the additional development incentives set forth in the Agreement pursuant to Chapter 380 of the Texas Local Government Code, and WHEREAS, the City Council finds that the incentives offered in the Agreement will encourage development in the Program Area described in Resolution 2022-bothrough the provision of much needed housing stock for the growing labor force in the City; and WHEREAS, upon review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions therein meet the Guidelines and Criteria for Tax Abatement set forth in the Program and should be approved, and that the City Manager should be authorized to execute it on behalf of the City of Paris, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the terms of the Economic Development Agreement and Tax Abatement Agreement and the property the subject thereof meet the City's Guidelines and Criteria for Tax Abatement adopted by the City of Paris by Resolution No. 2022-_ and will lead to the economic development of the Program Area described in said Resolution No. 2022 - Section 3. That the terms and conditions of the proposed Agreement attached hereto as Exhibit A, having been reviewed by the City Council of the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris substantially according to the terms and conditions set forth in the Agreement attached hereto as Exhibit A. Section 5. That the planned use of the property the subject of the tax abatement will not constitute a hazard to public safety, health, or morals. Section 6. That this approval and execution of the agreement on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreement by any other taxing entity. PASSED AND APPROVED this 10th day of January, 2022. Paula Portugal, g , Mayor APPROVED ASTO FORM: . Ste*pDhaieo Harris, CityAttorney- THE STATE OF TEXAS COUNTY OF LAMAR ECONOMIC DEVELOPMENT AND RESIDENTIAL TAX ABATEMENT AGREEMENT This Economic Development and Residential Tax Abatement Agreement (hereinafter the "Agreement) is entered into by and between the CITY OF PARIS, TEXAS, a home rule municipality, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY"), and ESSENTIAL HOUSING CORPORATION LLC (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, on February 10, 2020, the City Council passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits to be eligible for the Residential Tax Abatement Program; and WHEREAS, after a public hearing on January 10, 2022, the City Council of the City of Paris, Texas passed Resolution No. 2022-003 stating its intent to establish 5 In 5 Housing In -Fill Development Program (hereinafter "the Program") including a low cost land sale and residential tax abatements and adopting guidelines and criteria for the Program; and WHEREAS, Resolution 2022-003, City Council designated an area within Reinvestment Zone 2020-1 as being eligible for the Program; and WHEREAS, on April 22, 2019, the City Council approved resolution 2019-013 re- authorizing the City to become eligible to participate in residential tax abatements and approving guidelines and criteria for the residential tax abatement program; and WHEREAS, the Program has additional criteria and guidelines for participation in said Program, including criteria and guidelines for eligibility for residential tax abatements; and WHEREAS, Owner has submitted an application for a 5 In 5 Housing In -Fill Development project to construct seven (7) new single-family residential structures to be completed at the above described properties in Paris, Texas (hereinafter "Improvements"); and WHEREAS, city staff has reviewed the application and the location of the above described new single family residential housing improvements (hereinafter "Improvements") and has determined that the property is located within the boundaries of the defined geographic area and meets the requirements for Improvements set forth in the Guidelines and Criteria for the 5 In 5 Housing In -Fill Development Program as set forth in City Resolution No. 2022-003. NOW, THEREFORE, in consideration of the terms and conditions referenced herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City, and Owner, (collectively referred to as "Parties") hereby mutually agree as follows: Component Parts This Agreement comprises two component parts, including an economic development agreement pursuant to Texas Government Code Chapter 380 and a residential tax abatement agreement pursuant to Texas Tax Code Section 312. Terms Applicable to both the Economic Development Agreement and the Residential Tax Abatement Agreement: I. The Properties—Areas to be Improved 1.1 The Improvements defined in paragraph III below and made the subject of this Agreement shall be located on the Properties located in Paris, Lamar County, Texas more fully described in Exhibit 1 attached hereto and incorporated herein by reference, which Property is within Reinvestment Zone No. 2020-1 and within the area set forth in the Program: • Unknown No. NE 10a' St., Block P, Lot 19, East Park Addition, LCAD #11176 • 1360 NE 10t` St., Block P, Lot 23, East Park Addition, LCAD #11180 • 1420 Fitzhugh, Block Q, Lot 17, East Park Addition, LCAD #11198 • 1421 NE 10th St., Block Q, Lot 18, East Park Addition, LCAD #11199 • 1410 Fitzhugh, Block Q, Lot 19, East Park Addition, LCAD #11200 • 1399 NE 10th St., Block Q, Lot 22, East Park Addition, LCAD #11203 • Unknown No. Fitzhugh, Block Q, Lot 23, East Park Addition, LCAD #11204 II. Consideration --Improvements 2.1 The Improvements to be completed consist of constructing seven (7) new single- family residential structures upon the above described parcels and as more fully described in the application for the Program attached hereto and incorporated herein as Exhibit 1 and incorporated herein by reference. Said Improvements must be completed within the term of the Economic Development Agreement, set herein to expire on m m m� ..........., 2027. 2.2 The total estimated value of the Improvements to be constructed on the above - referenced parcels is NINE HUNDRED AND ONE THOUSAND, SEVEN HUNDRED AND THIRTY-NINE DOLLARS AND NO/100 ($901,739.00). 2.3 Owner shall obtain City approval for all necessary platting (if required) and plans, building permits, green tags and a Certificate of Completion from the City of Paris. 2.4 Owner shall allow city inspectors' access to the Property and Improvements throughout construction and completion of Improvements. OA 2.5 Owner agrees and covenants that it will diligently and faithfully construct the Improvements referenced herein in a good and workmanlike manner within 12 months of obtaining building permits from City for each structure. Owner further covenants and agrees that construction of the Improvements will be in accordance with all applicable state and local laws, codes and regulations or Owner will procure a valid waiver or variance thereof. 2.6 Owner shall contact City Building Official for final inspection once Improvements are completed and obtain a Certificate of Completion for the new residential dwellings as completed. 2.7 Owner shall notify the Lamar County Appraisal District upon completion of Improvements and request an updated appraisal of the Improvements. 2.8 Owner shall provide City with appraised value of Improvements upon receipt of same from Lamar County Appraisal District. 2.9 Owner may not use the parcels described in Section 1.1 and conveyed to Owner pursuant to the terms of this Agreement for any other purpose other than to construct the Improvements set forth in this Article. Use of any parcel for any other purpose shall constitute a separate act of default of the Agreement and will trigger the default provisions and remedies set forth hereunder. III. Terms Specific to the Economic Development Agreement— Texas greementTexas Local Government Code Chapter 380 A. Term 3.1 The term of this Economic Development Agreement shall commence on . 2022 and shall continue for a period of five (5) years ending on ..........M , 2027. B. Land Conveyance 3.2 In consideration for Owner's construction and completion of the above -referenced Improvements, City agrees, subject to the approval of Lamar County, Paris Independent School District, and Paris Junior College, to convey the above -referenced parcels to Owner in exchange for payment in the amount of City's proportionate share of $1.00 per parcel. The ultimate cost of the parcels to Owner will depend on the approval of the aforementioned taxing entities. 3.3 The conveyance of the property by the City to the Builder shall be tax sale deed without warranty with right of reversion. 3.4 City hereby transfers property in an "as is" condition and does not warrant or provide clear title with respect to the aforementioned Tax Foreclosure City Trustee status of the property. Owner assumes full responsibility for title insurance for the property and all new residential improvements thereto by Owner under the terms of this Agreement. 3 C. Reduced Fees for Building Plan Review and Permitting 3.5 In further consideration for Owner's construction and completion of the above - referenced Improvements, City agrees to reduce rates for building plan review by one hundred percent (100%) and permit fees by fifty percent (50%) for each dwelling unit constructed pursuant to this Agreement. D. Reduced Fees for Water and Sewer Tap Labor 3.6 In further consideration for Owner's construction and completion of the above - referenced Improvements, City agrees to reduce rates for water and sewer tap labor fees by fifty percent (50%) where required by the City's Public Works Department. E. Local Purchasing 3.7 As further consideration for the incentives granted herein, where possible, Owner shall purchase building materials and fixtures from vendors located within the City of Paris. F. Default 3.7 It shall be an act of default of the Economic Development Agreement should Owner fail to construct and compete all of the Improvements specified herein within the five (5) year term set forth herein. In such case, City will exercise its right of reversion to each parcel on which a residential development has not been constructed and completed, and Owner agrees to divest itself of any ownership interest in any and all such parcels conveyed to Owner under this Agreement. IV. Terms Specific to the Residential Tax Abatement Agreement— Texas greementTexas Tax Code Chapter 312 A. Term 4.1 The term of this Tax Abatement Agreement shall commence on _ ..m , 2022. It is the intention of this Tax Abatement Agreement that Owner receive an abatement of taxes on each dwelling unit constructed as it is completed and issued a Certificate of Completion by City. Consequently, each dwelling unit constructed and completed shall have its own five (5) year abatement period. The abatement period for each constructed and completed dwelling unit shall commence on January 1 of the year following City's issuance of a Certificate of Completion on said dwelling unit and end on the fifth (5t') anniversary of the commencement of the abatement period. This Tax Abatement Agreement shall terminate upon the expiration of the final abatement period granted herein unless otherwise terminated by default or agreement of the Parties. n B. Abatement 4.2 Subject to the terms and conditions of this Economic Development Agreement and Tax Abatement Agreement, in further consideration for the construction and completion of the Improvements required herein and subject to the rights and holders of any outstanding bonds of the City, a portion of the ad valorem property taxes assessed upon each Improvement and otherwise owed to the City shall be abated for a period of five (5) years in an amount equal to 100% per year of the taxes assessed upon the increased value of the Improvements made by Owner to the Properties described in Section 1.1 of this Agreement, over the value in the year by which this agreement is executed (the "Base Value"), in accordance with the terms of this Agreement and all applicable state and local regulations or valid waivers thereof; provided that the Owner shall have the right to protest or contest any assessment of the Properties and said abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest or contest. For the purposes of this Agreement, the Base Value of the existing real property shall be deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as of January 1, 2022. 4.3 This abatement is granted in accordance with the City's Guidelines and Criteria for the Program, a copy of which is attached hereto as Exhibit 2 provided, however, in the event of any conflict between this Agreement and the Guidelines and Criteria for the Program attached hereto as Exhibit 2, this Agreement shall control. 4.4 Upon receipt of the documentation set forth in Article II and in Section 5.6 herein as to each constructed and completed dwelling unit, City will notify the Lamar County Appraisal District to begin the tax abatement as to said unit. C. Default 4.5 If (a) the Improvements (all seven units) for which an abatement has been granted are not completed in accordance with this Agreement (within five (5) years of the effective date hereof); or (b) Owner allows its taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest or contest of any such; or (c) Owner materially breaches any of the other terms, provisions or conditions of this Economic Development Agreement and Tax Abatement Agreement, then owner shall be considered in default of this Agreement. In the event Owner defaults in its performance of either (a), (b), or (c) above, then City shall give Owner written notice of such default and if Owner has not cured such default within sixty (60) days of said written notice, this Tax Abatement Agreement may be terminated by the City. Notice of default shall be given in accordance with Article V of this Agreement. 4.6 As damages in the event of default, and in accordance with the requirements of Section 312.205(a)(4) of the Tax Code of the State of Texas, all taxes which otherwise would have been paid to the City without the benefit of abatement, including taxes on those dwelling units constructed and completed according to the terms of this Agreement, together with interest to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties permitted by the Property Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall be recaptured and will become a debt to the City and shall be due, owing, and paid to the City 5 within sixty (60) days of the expiration of the above-mentioned applicable cure period as the sole remedy of the City, subject to any and all lawful offsets, settlements, deductions, or credits to which Owner may be entitled. V. Additional Terms applicable to both the Economic Development Agreement and the Tax Abatement Agreement A. No Conflict of Interest. 5.1 The Owner represents and warrants that neither the Properties nor the Improvements include any real or personal property that is owned or leased by a member of the Paris City Council or the Planning and Zoning Commission or any member thereof having responsibility for approval of this Agreement. B. Conditions. 5.2 The terms and conditions of this Agreement are binding upon the parties hereto and their successors and assigns. 5.3 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently, and the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to release, indemnify and hold the City its elected officials, officers, employees and attorneys harmless from any claims, lawsuits, damages, costs or attorney's fees related to this Agreement. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently, and the Owner assumes no responsibility or liability in connection therewith to third parties and, to the extent permissible by law, the City agrees to indemnify and hold harmless the Owner therefrom. C. Compliance Provisions 5.4 The Owner agrees that the City, its agents and employees, shall have reasonable right of access to any and all records concerning Owner's investment in the Improvements for the purpose of conducting an audit of the Residential Improvements. Any such audit shall be made only after giving the Owner notice at least fourteen (14) days in advance and will be conducted in such a manner as to not unreasonably interfere with Owner's property. Upon request, the Owner will provide the City with a detailed list of all Improvements, including a list of materials used and cost thereof. 5.5 The Owner further agrees that the City, its agents and employees, shall have reasonable right of access to the Property to inspect the Improvements in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations or valid waiver thereof. After completion of the Improvements, the City shall have the right to enter the Property and conduct an inspection of the completed Improvements. no D. Initial and Annual Reporting. 5.6 The Owner further agrees that it will, within thirty (30) days of completion of each dwelling unit as it issued a Certificate of Completion by the City, provide the CITY with a sworn report, written on Owner's letterhead and signed by a designated representative of Owner, which contains the following information: (a) A copy of the printout from the Lamar County Appraisal District showing the market value of the Property prior to the construction of the Improvements; (b) Detailed description of the Improvements; (c) A copy of or identification of plans and specifications of constructed improvements and the location of the same for inspection by City's Building Official; (d) The actual cost of the specific capital Improvements; and, (e) The date of substantial completion of the specific Improvements as defined in paragraph 2.1 hereof, and (f) Receipts showing that the purchase of building materials and fixtures from for the construction were made from vendors within the City of Paris, when possible. 5.7 Owner further agrees that it will provide City with an annual, sworn report which shall certify, in writing, that it is in compliance with each applicable term of this Agreement. Such annual report shall be furnished on the forms provided by the City. E. Authority to Contract. 5.8. This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 10th day of January 2022, authorizing the City Manager to execute the Agreement on behalf of the City. 5.9 This Agreement was entered into by Owner pursuant to the authority granted to the authorized official whose signature appears below. 5.10. This Agreement shall constitute a valid and binding Agreement between the City and Owner when executed in accordance herewith, regardless of whether any other taxing unit executes a similar agreement for tax abatement. F. Legal. 5.11 No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 7 5.12 This Agreement, except by operation of law, shall not be assigned or transferred by Builder, without the prior written consent of City, which consent shall be at the sole discretion of the City. 5.13 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: BUILDER: Essential Housing Corporation, LLC. Attn- Mark McKinney P.O. Box 6717 McKinney, Texas 75071 CITY: my OF PARIS, TEXAS Attn: City Manager P. 0. Box 9037 Paris, TX 75461-9037 With a copy to: City Clerk, City of Paris, Texas (Address same as above) 5.14 If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of this Agreement are declared to be severable. 5.15 This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof, None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement, The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Owner, and their respective successors, and permitted assigns, if any. 5.16 Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas, for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. R, WITNESS our hands this day of , 2022. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE CITY OF PARIS, TEXAS Grayson Path, City Manager ESSENTIAL HOUSING C CORPORATION, LLC LIN Mark McKinney, Builder Title: BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City Manager of the City of Paris, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of January, 2022. Notary Public, State of Texas 0 BEFORE, ME, the undersigned authority, on this day personally appeared Mark McKinney, ­­ ........... ­­­­­ __ ------ . . . ................. . . . ..................... —(title) of Essential Housing Corporation LLC, known to erne 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 and in the capacity therein stated. GIVEN UNDER MY 11FIAND AND SEAL OF OFFICE this 10th day ofd uary, 2022. Notary Public, State of Texas 10 LIST OF EXHIBITS TO THIS AGREEMENT: 1= Owner's Program Application for low cost sale of property and 5 year tax abatement 2 = City's Guidelines and Criteria for 5 In 5 Housing In -Fill Affordable Development Program 11 LIST OF EXHIBITS TO THIS AGREEMENT: 1 = Owner's Program Application for low cost sale of property and 5 year tax abatement 2 = Deed without Warranty for Conveyance of Property from City to Owner 3 = City's Guidelines and Criteria for 5 In 5 Housing In -Fill Affordable Development Program 11 IMMI'MI CITY OF PARIS, TEXAS 40 MAIIIAT-VI 0 .1 .3 014*01-11-1 lam 4 kolil 4R1141 - fli I Property Owner: Name Current: Civ of Paris Trustee Name Planned; Essential Housin C Tpr;0qpLLC Ma.iling Address: -P.Q,,J30X Telephone Number, 972.369.2400 email: more 2—mc kignpydevelo 111entz o MR - com Builder or Contact (if different than current1planned owner): Name: Robert Staples Mailing Address: 1005 42 "d SE, Paris. TX 75462 State GC License No: N/A Telephone Number-, 903.517.4762 email; robertsAft-lescontrac-bims Property Parcel(s) For No Cost Land Sale and Tax Abatement: Street Addresses- See AdendumuA attached LCA D #'s See Addendum A attached Summary Legal Description Lot:..-...... Block: Addition- See Addendum A . attached -p -Itxr�e7q" 5jtUgoA-AmKq"tion,%ith metes and bounds and a copy of the deed, if available. See Addendum A attached Improvements: Type improvements for new Construction. SFX 2F—MF—No. of Dwelling Units: Esdmted Value of Improvements by type: See Addendum attached Estimated Start Date of Construction: Fe4 u1,2022 Description of Project Seven 7) ..homes .6 Date: I )ecember 12021 Applicant(s) Sigmture: Marc E. McKinneyJ;rWqiiA- Date: Addendum A Tax Abatement Application Essential Housing Corporation LLC LCAD# Number Street Summary Legal Description_ lot Block Addition 11176 Unknown NE 10TH ST 19 P EAST PARK ADDITION 11180 1360 NE 10TH ST 23 P EAST PARK ADDITION 11198 1420 Fitzhugh 17 Q EAST PARK ADDITION 11199 1421 NE 10TH ST 18 Q EAST PARK ADDITION 11200 1410 Fitzhugh 19 Q EAST PARK ADDITION 11203 1399 NE 10TH ST 22 Q EAST PARK ADDITION 11204 Unknown Fitzhugh 23 Q EAST PARK ADDITION Total Leal„ Descri�t%an EAST PARK ADDITION, BLOCK P, LOT 19 EAST PARK ADDITION, BLOCK P, LOT 23, 1360 10TH NP CAUSE #61108 EAST PARK ADDITION, BLOCK Q, LOT 17,1420 FITZHUGH EAST PARK ADDITION, BLOCK CL LOT 18, 142110TH NE CAUSE #58194 EAST PARK ADDITION, BLOCK Q, LOT 19,1410 FITZHUGH EAST PARK ADDITION, BLOCK Q, LOT 22,1399 10TH NE EAST PARK ADDITION, BLOCK Q LOT 23 Est. wValue wof Imrovemer $ 126,809 $ 131,501 $ 126,809 $ 126,809 $ 131,501 $ 131,501 $ 126,809 $ 901,739 A1' ROOF PLAN 2 au.%•slr_rx I'll- "I'll" ..... .... ...... 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