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07 - 5 In 5 Tax Abatement Agreement with Cultiv8CommunitiesItem No. 7 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Discuss and Act Upon a 5 In 5 Tax Abatement Agreement with Cultiv8 Communities DATE: June 12, 2023 BACKGROUND & DISCUSSION Attached please find the draft resolution and agreement between the City and Cultiv8community for the construction of 5 new single-family homes. These are all City Trustee parcels which did not sell at the tax sale. They are available for the $1 purchase as tax deeds under the Inter -Local Agreement with all taxing entities. This agreement will be through the 5 In 5 Infill Housing Program Area for the following parcels: House No. LOAD # Address 2 of the homes are planned for construction this year, with the remaining lots to be constructed in the near future. Attached are site plans, floor plans and elevation drawings of the new homes proposed to be constructed on all the properties. Robert Staples Construction is planned to be the General Contractor for the projects. The agreement spells out all the requirements under the 5 In 5 Infill Development Program Guidelines. Mr. Robert Osborne plans to attend the meeting on Monday night since Mr. Rob Spencer, President will be out of town, to present their building plans under the agreement to the City Council. The tax abatement agreement will then move on to the county board for further consideration on the tax abatement. Recommendation Approval of the 5 In 5 Infill Development Agreement with Cultiv8community for the construction of a 5 new single family homes in the 5 In 5 Area is recommended. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT AND TAX ABATEMENT AGREEMENT WITH CULTIV8COMMUNITY PURSUANT TO THE 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM; 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 Cultiv8Community ("Owner") providing for an Economic Development Agreement and Tax Abatement Agreement (the "Agreement") under the 5 in 5 Housing Infill Development Program (the "Program") adopted by the City Council on January 10, 2022 and amended by Resolution 2022-055 on July 25, 2022, a copy of which Agreement is attached hereto as Exhibit 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 properties the subject of the Agreement and the improvements to be made thereon are situated within Reinvestment Zone 2020-1 and lie within the Program Area described in the guidelines and criteria for 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 July 25, 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 2022-003 through 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 finds that the terms and conditions therein meet the guidelines and criteria for tax abatement and other incentives set forth in the Program and should be approved, and that the Mayor 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 and incorporated herein for all purposes. Section 2. That the properties the subject of the Economic Development Agreement and Tax Abatement Agreement between the City and Cultiv8Community ("Owner"), attached hereto as Exhibit A and incorporated herein by reference, lie within Reinvestment Zone 2020-1 and the Program Area described in Resolution 2022-055, to wit: • LCAD- 17745, 1221 NW 15th St., City of Paris Lot 12, Block 233 • LCAD- 18376, 1351 NE 12th St., City of Paris Lot 12, Block 269 • LCAD- 13870,133 NE 14th St., City of Paris Lot 9, Block 33-A • LCAD- 13832, 116 NE 10th St., City of Paris Lot 9, Block 32-B • LCAD- 13830, 1025 E Houston St., City of Paris Lot 7, Block 32-B Section 3. That the terms of the Agreement meet the City's guidelines and criteria for tax abatement and other incentives adopted by the City of Paris by Resolution No. 2022- 055 and will lead to the economic development of the Reinvestment Zone 2020-1 and Program Area. Section 4. 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 5. That the Mayor 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 6. 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 7. 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 12th day of June, 2023. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 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 CULTIV8COMMUNITY (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 a 5 In 5 Housing In - Fill Development Program (hereinafter "the Program") including low cost land sales and residential tax abatements and adopting guidelines and criteria for the Program; and WHEREAS, by Resolution 2022-003, City Council designated an area within Reinvestment Zone 2020-1 as being eligible for the Program; and WHEREAS, on July 25, 2022, City Council, by Resolution 2022-055, revised the guidelines and criteria for the Program; WHEREAS, on April 10, 2023, the City Council approved resolution 2023-018 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 therein, including criteria and guidelines for eligibility for residential tax abatements; and WHEREAS, Owner has submitted an application for a 5 In 5 Housing Infill Development project to construct five (5) single family homes at the properties described herein below in Paris, Texas (hereinafter "Improvements"); and WHEREAS, city staff has reviewed the application and the location of the above described residential Improvements and has determined that the properties are located within the boundaries of the defined geographic area and Reinvestment Zone 2020-1 and meet the requirements for Improvements set forth in the guidelines and criteria for the Program as set forth in City Resolution No. 2022-055. 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: I. Recitals 1.1 The Recitals set forth hereinabove are incorporated into this Agreement for all purposes. II. Component Parts 2.2 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. III. Terms Applicable to both the Economic Development Agreement and the Residential Tax Abatement Agreement: A. The Properties—Areas to be Improved 3.1 The Improvements defined in section III B 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 Properties are within Reinvestment Zone No. 2020-1 and within the area set forth in the Program: • LCAD- 17745, 1221 NW 15th St., City of Paris Lot 12, Block 233 • LCAD- 18376, 1351 NE 12t' St., City of Paris Lot 12, Block 269 • LCAD- 13870, 133 NE 14a` St., City of Paris Lot 9, Block 33-A • LCAD- 13832, 116 NE 10' St., City of Paris Lot 9, Block 32-B • LCAD- 13830, 1025 E Houston St., City of Paris Lot 7, Block 32-B B. Consideration --Improvements 3.2 The Improvements to be completed consist of constructing five (5) single family homes on the above described Properties as more fully described in the application for the Program attached hereto and incorporated herein as Exhibit 1. Said Improvements must be completed within the term of the Economic Development Agreement, set herein to expire on June 11, 2028. 3.3 The total estimated value of the Improvements to be constructed on the above - referenced parcels is NINE HUNDRED THOUSAND AND NO/100 ($900,000.00). 2 3.4 Owner shall obtain City approval for all necessary platting (if required) and plans, building permits, green tags, and Certificates of Completion from the City of Paris. 3.5 Owner shall allow city inspectors access to the Properties and Improvements throughout construction and completion of Improvements. 3.6 Owner agrees and covenants that it will diligently and faithfully construct each Improvement/dwelling 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. Owner shall complete all Improvements required herein by June 11, 2028. 3.7 Owner shall contact City Building Official for final inspection as Improvements are completed and obtain a Certificate of Completion for each new residential dwelling as it is completed. 3.8 Owner shall notify the Lamar County Appraisal District upon completion of each Improvement and request an updated appraisal of the Improvement. 3.9 Owner shall provide City with appraised value of each Improvement upon receipt of same from Lamar County Appraisal District. 3.10 Owner may not use the parcels described in Section 3.1 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. IV. Terms Specific to the Economic Development Agreement— Texas Local Government Code Chapter 380 A. Term 4.1 The term of this Economic Development Agreement shall commence on June 12, 2023 and shall continue for a period of five (5) years ending on June 10, 2028. B. Land Conveyance 4.2 In consideration for Owner's construction and completion of the above -referenced Improvements, City agrees 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 in accordance with the Interlocal Agreement for establishing alternate manner of sale of land acquired by the City of Paris, Texas pursuant to Section 34.051 of the Texas Tax Code executed on or about January 14, 2022 by and between the City of Paris, Texas, Lamar County, Texas, Paris Independent School District, and Paris Junior College. 4.3 The conveyance of the property by the City to the Builder shall be tax sale deed without warranty with right of reversion. 4.4 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. C. Reduced Fees for Building Plan Review and Permitting 4.5 In 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 4.6 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 4.7 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 4.8 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. Ownership of any single Property conveyed by this Agreement shall revert to the City of Paris, at its sole option without compensation to the Grantee, should any of the following events occur during the period in which the Grantee has an ownership interest in the Property and during the term of the `5 in 5' Program agreement between the City of Paris and Grantee or Grantee's successors (said agreement is hereby incorporated into this deed by reference as if written word-for-word herein): (1) failure to maintain the property as required by law, evidenced by any affidavit of violation being filed against the Property by the City of Paris (or any other governmental unit) in the deed records of Lamar County, Texas; (2) failure to comply with the requirements of the City of Paris' `5 in 5' Program as evidenced by any affidavit supporting said failure to comply being filed against the Property by the City of Paris in the deed records of Lamar County, Texas; (3) allowing any ad valorem tax on a Property to become delinquent as evidenced by an affidavit of such fact supported by a delinquent tax statement issued by the Lamar County Appraisal District or other tax assessor -collector for the Grantors, and filed in the deed records of Lamar County, Texas; and (4) failure to pay any fee required to be paid by law, evidenced by an affidavit of such fact being filed in the deed records of Lamar County, 4 Texas; before any affidavit relating to contingencies 1-4 above shall be filed in the deed records of Lamar County, Texas, the Grantee shall be given notice of the event causing the reverter and 10 business days to cure (the first day shall be the date the notice is presented to Grantee if hand delivered to the Grantee, otherwise the second business day after the notice is turned over to the United States Postal Service or other delivery service for delivery to the Grantee). V. Terms Specific to the Residential Tax Abatement Agreement—Texas Tax Code Chapter 312 A. Term 5.1 The term of this Tax Abatement Agreement shall commence on June 12, 2023. 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. B. Abatement 5.2 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 maintenance and operations (M & O) 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 3.1 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, 2023. 5 5.3 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, that in the event of any conflict between this Agreement Exhibit 2, this Agreement shall control. 5.4 Upon receipt of the documentation set forth in Article III and in Section 6.6 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 5.5 If (a) the Improvements (all five residential 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, including but not limited to the Mandatory Anti -Discrimination Provisions set forth herein, 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 VI of this Agreement. 5.6 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 and attorney's fees 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 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. VI. Additional Terms applicable to both the Economic Development Agreement and the Tax Abatement Agreement A. No Conflict of Interest. 6.1 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. T B. Conditions. 6.2 The terms and conditions of this Agreement are binding upon the parties hereto and their successors and assigns. 6.3 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. C. Compliance Provisions 6.4 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 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. 6.5 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. D. Initial and Annual Reporting. 6.6 The Owner further agrees that it will, within thirty (30) days of completion of each dwelling unit and issuance of 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; 7 (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 for the construction were made from vendors within the City of Paris, when possible. 6.7 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. 6.8. This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 12th day of June 2023, authorizing the Mayor to execute the Agreement on behalf of the City. 6.9 This Agreement was entered into by Owner pursuant to the authority granted to the authorized official whose signature appears below. 6.10. 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. 6.11 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. 6.12 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent shall be at the sole discretion of the City. 6.13 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: OWNER: CULTN8COMMUNITY Attn: Rob Spencer 22524 FM 79 Direct, Texas 75486 CITY: CITY OF PARIS, TEXAS Attn: City Manager P. O. Box 9037 Paris, TX 75461-9037 With a coL to• City Clerk, City of Paris, Texas (Address same as above) 6.14 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. 6.15 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. 6.16 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. 6.17 MANDATORY ANTI -BOYCOTT AND OTHER PROVISIONS. Owner, by executing this agreement, certifies the following: i. Pursuant to Section 2271.002 of the Texas Government Code, Owner certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Owner certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, Owner certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as 9 defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Owner certifies Consultant (1) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Signature page to follow: 10 WITNESS our hands this 12' day of June, 2023. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE CITY OF PARIS, TEXAS IUn Reginald B. Hughes, Mayor CULTIVBCOMMUNITY BY�....�......... Rob Spencer Title: 11 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Reginald B. Hughes, Mayor, 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. y .. ........ _, day of June, 2023. Given under m hand and seal of office this Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Rob Spencer, of Culitiv8Community, 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 . m m m _ day of June, 2023. Notary Public, State of Texas 12 Exhibit 1 CITY OF PARIS, TEXAS APPLICATION FOR RESIDENTIAL TAX ABATEMENT --5 In 5 Infill Housing Program Property Owner: Name Current: c ..r�-' A n -Cr 19,44 ame Planned*: C est N V 6 - r - a u px'1 y (*Do you plan to re -assign to a buyer upon completion?Yes_No Mailing Address. 27.5'2.-1 >`M11 'DlftEV-5 ..� -tWA-5 7SY.Z _-.--- Telephone Number:. T'b a 73 (a 3 oo FI email W04,CuLT1v� to,%,4uxtt -9Q4r �_. Builder or Contact (if different than current/planned owner): Name: R o i3 C!a'r s _. _ _......... _ � w ..,,..., ..�.. _ Mailing Address;r DOL'Z.. s1 �>4Ri.. ........,.State GC License No: Z1 _o66 r-rX Telephone Number: 01 .V 17 f-17 VZ, email', rfi er?.�s � fT7° SfcadfJ4 "r3�r• aewe Property Parcel(s) Proposed For 5 In 5 Agreement: (Please submit an attached list of addresses and/or LCAD #'s on Excel Spreadsheet, if possible) No. LCAD Address Lot Blk. Addition 1 171 qr 11-21 d w 2. 7-33 e-[ TY dt= P.�s eal 2. le 3-7k /1-5-t oelz.z ' I L9 ,t ....... 3. 13-37D 1,4 4 13 rd3 '*t- //4 VF 10-r'- 7 37- 6 •c ; ly 5.13930 jp2S Z PousroN *7 3Z 0 1 1 et " rr Full Legal Description: Include as an attachment a full legal description with metes and bounds or a copy of the deed, if available. Improvements: Type improvements for new Construction: SF'X 2F_3F_Quad MF® Total Number of Dwelling Units: I'llr d� Estimated Value of Improvements by type. G� m__„w 4-Dp© Estimated Start Date of Construction: � 14&< 1 -F'.- Estimated lam Estimated Date of J Completion of Projects � 10 �y rlRST 2. Z o2 7 4,,+,1T 3 P_...... �....�� _... _ Description of Project (attach site plan, floor plan, etc.: g” y IPate T 5 _.... ..... e. _ _ ... ' Signature: �f`' `4 Z v Z75 Owner's Si a RbCi -- �1�+C?- Date T �.... Applicant(s) Signature: , k a Date: l'�OItS/NL pLjG/CST �fC6vL�i✓�.. 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SpyyJ C1UMN5,18, (rn��,, W\ {/'j"_�g RIGHT SIDE ELEVATION 561 , Fal ,ta/"�_LLLL}}����I 1��.•.1 it i +q�,{ �, // -•4]�� O 1 0117 1` DATE AML 231019 r e., a u � ... RA mea ym�w rnmwm &: , irsSli'fi flll ✓yvl�rzSJMIM; m f/�/Np, 1/aunvwam-' oAVNrtavAm (palFw. rslr' COLWA6, nY. IMN, .: SkAY Yk.IrR•. r j`` FRONT ELEVATION a, STORAGE 8'•d" c3' -pi' CARPORT MASTER BEDROOM II' -8" x 13'-8" CLOSET COA BEDROOM #2 4'•!0" x IT -O" BEDROOM #3 9'�0" x 11.-6" PANTRY m. 1 KITCHEN LIVING 1 Ig'•10" x IS' -0" DINING._ ... PORCH 101.11 01 IWI 0 Lai 01 1411 as 0 a 0 0 1 U Do tk� DEED WITHOUT WARRANTY (TAX FORECLOSED PROPERTY — PRIVATE RESALE — 5 -IN -5 PROGRAM) Date: ,2023 Grantor: THE CITY OF PARIS, as Trustee for itself, Paris Junior College, Lamar County and Paris Independent School District Grantor's Mailing Address (including county): 135 SE Is' Street Paris TX 75460 Grantee: Cultiv8Community, a Texas NonProfit Corporation Grantee's Mailing Address (including county): 22524 FM 79 Direct TX 75486 - Consideration: FIVE AND NO/100 DOLLARS ($5.00) and other good and valuable consideration. Property (including any improvements): • Tract 1: "CITY OF PARIS, BLOCK 233, LOT 12", commonly known as 1221 NW 15TH, Paris, Lamar County, Texas [Lamar CAD 417745, $ 1.00] • Tract 2: "CITY OF PARIS, BLOCK 269, LOT 12", commonly known as 1351 NE 12th, Paris, Lamar County, Texas [Lamar CAD #18376, $1.00] TH • Tract 3: "CITY OF PARIS, BLOCK 33-A, LOT 9", commonly known as 133 NE 14 Paris, Lamar County, Texas (Lamar CAD #13870, $1.00] 1 OTH, • Tract 4: "CITY OF PARIS, BLOCK 32-B, LOT 9", commonly known as 116 NE Paris, Lamar County, Texas [Lamar • #13832,$1.00] • Tract 5: "CITY OF PARIS, BLOCK 32-13, LOT 7", commonly known as 1025 E Houston, Paris, Lamar County, Texas [Lamar CAD # 13 83 0, $ 1. 00] 4 o-tvevwtce and Warranty: 1. Rights of the public to any portion of the above described property lying within the boundaries of dedicated or existing roadways or which may be used for road or street purposes. I AX FORECLOSED PROPERTY -- PRIVATE RESALE — 5 -IN -5 PROGRAM), Page I of 4 ,T 2. Visible and apparent easements over or across subject property. 3. Rights of parties in possession. 4. Any and all easements, restrictions, covenants, conditions and reservations of record, if any, applicable to the herein conveyed property or any part hereof. 5. Any right of redemption as specified in Chapter 34, Subchapter B, Texas Property Tax Code. 6. All oil, gas, and other minerals reserved by prior grantors. By acceptance of this Deed, Grantee acknowledges and agrees that the Property is being purchased and conveyed "AS IS" with all faults and defects whether patent or latent as of the closing. Grantorson behalf of themselves andtheother taxing entities on whose behalf it holds title to mthe . Pro ql:! s�aecifioall „wne at and disclaims ante ....... rel resentations warranties or pa anties,of anP kind or character, whether express or implied, oral or written, l2ast„present future or otherwise of as to.,,conceriung or with resoect to,,the Prope! ,....mcludinp,.without limitation J) the nature and „condition of the Proert and the suitabilitythereof for any and all activities and uses which Grantee may elect to conduct thereon, �ii�.,the nature and ,extent, of any „rift -of wad, leaserossession„ lien,_encum6ranceaiicense, reservation condition or another matter relating in an_way_to the Pro ert iii the „compliance of the Prope�°t or its o,oeration with any laws, ordinances or re ulations of am, _gpyernment_or other_author authority or bode iv) the existence of ani„ toxic or hazardous substance or waste ins oo,,under the surface, of or aboutmthe Proper ivy geolapical conditions including without limitation, subsidence subsurface conditions, water table underground water reservoirs limitations regarding. _,the withdrawal of water and faulting whether or not and to the extent to which the Propertmmor ani^ oortion thereof is affected bin qp�, stream (surfaceor underground bod�m of mwater mfloodwr�rane area, floodplain fJoodwa or 511ecial flood hazard ivii wdraina a �viii� tonin g_or land „use restrictions rules and re plations to which the Pro ,ert „µora portion thereof may be subiect fix" IT the availabilityof ani utilities to ft.,ftperlyor ani .onion thereof includin roelectricw without imitation water sews a as and and including,...._thew utilir. ava�ylabilitr _capacities_ allocated to the�Proe„µ bwwwW,the relevant overnmental.or re a latoL mauthorit . x' use: yes -of ad oimn � ro a (xis access, to the Pro _cert or an i onion thereof xii' the value compliance with the ans and specifications, size, location, age, use„,dlign cos, descr l tion, durabih , al mte ,it operation leasin title to,wwor atructur Dh �si� cal or financial condition of the Pro or an w Lprtion thereof,. or an�� income, expenses,, char re� s liens. encumbrances _rights or claims on or affecting or pertarung to the Proem orm ani Dart thereof, xiii .... the _potential forfurther „development of the Pro ertr µµµo(.xiv)µ the merchantability of the, Prol yea � or_ fitnessµ, of the Prp� ,Jor ani m� icular mpau� dose 'Grantee affirming, that Grantee has not relied on Grantors°,skill or jud meat to selector furnish the Prop ” �rerty for.,an agicular purpose and that Grantor makes no warran that the Pros e¢ y, is fit for an particular pu_pr ose). Ownership of any single Property conveyed by this deed shall revert to the City of Paris, at its sole option without compensation to the Grantee, should any of the following events occur during the period in which the Grantee has an ownership interest in the Property and during the term of the `5 in 5' Program agreement between the City of Paris and Grantee or Grantee's successors (said agreement is hereby incorporated into this deed by reference as if written word-for-word herein): (1) failure to maintain the property as required by law, evidenced by any affidavit of violation being filed against the Property by the City of Paris (or any other governmental unit) in the deed records of Lamar County, (TAX FORECLOSED PROPERTY — PRIVATE RESALE — 5 -IN -5 PROGRAM), Page 2 of 4 Texas; (2) failure to comply with the requirements of the City of Paris' '5 in 5' Program as tax on a Property to become delinquent as evidenced by an affidavit of such fact supported by a delinquent tax statement issued by the Lamar County Appraisal District or other tax -%-rd filed in the deed records of Lamar County, Texas; a fill la=1 1 ;..1 1 Mllm fact being tilea in We uleu recuirus 77 i -Mum contingencies 1-4 above shall be riled in the deed records of Lamar County, Texas, the Grantee shall be given notice of the event causing the reverter and 10 business days to cure (the first day shall be the date the notice is presented to Grantee if hand delivered to the Grantee, otherwise the second business day after the notice is turned over to the United States Postal Service or other delivery service for delivery to the Grantee). All of the taxing units entitled to receive proceeds from the sale of the Property have all of faris (approved 6y:• Junior College, Regents' agenda of January 24, 2022, item #6; Lamar County, Commissioners Court agenda of January 24, 2022, item #2; and the Paris Independent School District, Trustees' agenda of January 24, 2022, item #4). Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and RP)P hold it to Grantee, Grantee's successors, or assigns forever WITHOUT WARRANTY. The intent of this Deed Without Warranty is to transfer the property and interests foreclosed �TqITIWRMW xa Xff*MM1W -fl. �ict C�ourts � �CoungA Te s, Cause No. 89915, City of Paris v. Unknown Owners of 75 Tract, and no more. IN TESTIMONY WHEREOF, and executed this _ _ day of M - (TAX FORECLOSED PROPERTY - PRIVATE RESALE 5 -IN -5 PROGRAM), Page 3 of 4 STATE OF TEXAS LAMAR COUNTY BEFORE ME the undersigned authority, on this day personally appeared PAULA PORTUGAL, as MAYOR, 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, consideration, and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE - DAY OF Ka After recording return to: rol M T F-1 Wir- L TLI TL M-7 22524 FM 79 Direct TX 75486 Notary Public Commission Expires: 11 10 ','111111 5 ZMENMUNUM Exhibit 2 RESOLUTION NO. gngg - nss A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING THE GUIDELINES AND CRITERIA OF THE 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM TO ALLOW PROPERTIES IMMEDIATELY ADJACENT TO THE PROGRAM AREA TO BE ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND TO REVISE APPLICATION FORM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 10, 2020, the City Council of the City of Paris, Texas 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 passed Resolution No. 2022-003 stating its intent to establish the 5 In 5 Housing Infill 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 (the "Program Area'o as being eligible for the Program; and WHEREAS, on April 12, 2021, the City Council approved resolution 2021-012 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, the Program guidelines require that for a property to be eligible to participate in the Program, the property must be within the defined Program Area, with an exception for property transferred via a tax foreclosure process; and WHEREAS, the City Council wishes to amend the Program guidelines to allow properties immediately adjacent to the Program Area to be eligible to participate in the Program, and WHEREAS, staff has identified changes to the Program's application form that will make the form more user-friendly, 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. The City hereby amends the guidelines and criteria of the 5 in 5 Residential Infill Development Program in conformance with Exhibit attached hereto and incorporated herein by reference to allow properties immediately adjacent to the Program Area eligible to participate in the Program and to revise the Program's application form.. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 25th day of July, 2022. Paula Portugal, Mayo w ATT "ST: kAE Cj?�t =CIO lar er, Deputy Cid. ;1erk yp`'� APPROVED AS TO FORM: *Stie,anHarris, City Attorney 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM GUIDELINES, CRITERIA & APPLICATION FORM CITY OF PARIS, TEXAS Revised July 25, 2022 I. GENERAL PURPOSE AND OBJECTIVES The City of Paris, working with our local government partners, is seeking to provide a series of builder incentives designed to encourage new home construction for the purpose of neighborhood revitalization and the provision of work force housing. New home construction within the existing interior of the community can have a positive effect towards reinvestment in our neighborhoods by providing stability and enhanced character, as well as a means to expand our community's local labor force. Focusing on the existing interior of the City allows the builder to utilize existing infrastructure rather than the extension of costly streets and utilities in undeveloped lands at or beyond the urban fringe. To achieve this purpose, the City will offer a series of incentives: 1. Where applicable, the City will provide low cost residential lots in the Program Area in tax foreclosure city receivership. If a builder obtains properties through other traditional means within the Program Area, other incentives within this policy may apply. 2. The City will offer a five (5) year 100% residential tax abatement of City property taxes. 3. The City will offer reduced rates on building plan review and permit fees. 4. The City will offer reduced rates on labor charges on water and sewer tap fees. The city staff will work with interested builders to identify parcels from a pool of tax sale lots in trustee status to develop a list of properties that will be suitable for the construction of new dwelling units. This may consist of single-family, two-family, medium density, or high density residences. Prior to any construction occurring from which the builder is seeking incentives, the builder will enter into an Agreement to be approved by the City Council for the construction of a minimum of five (5) or more dwelling units on one (1) or more parcels. Each of the dwelling units subject to the Agreement must be constructed under the terms of the agreement within five (5) years from the date of the Agreement, unless such deadline is extended by subsequent approval of the City Council. All parcels under the Agreement must be built upon within five (5) years to satisfy the terms of the Agreement. Failure to achieve this goal will result in certain claw backs as provided in the Agreement. All applications shall be considered on a first come, first serve basis. There will be no income guidelines under this program for occupants of the dwelling units, whether owner or renter occupied. in the event the applicant constructs a new dwelling unit and sells said unit, the tax abatement shall lapse and be terminated as to that parcel unless the City Council approves an assignment of the tax abatement agreement to the new owner. Page 1 of 7 r=XHISIT K In order to further encourage local development, employment, and enhancement of our economy, to be eligible for incentives in this policy, building materials and fixtures used in the construction of new dwelling units, where possible, must be purchased locally within the City of Paris. II. DEFINITION OF TERMS Act - The Property Redevelopment and Tax Abatement Act, Texas Tax Code Ann. 312.001 et. seq., as amended from time to time. Agreement - A contractual agreement between an applicant and the City of Paris for the purposes of a 5 In 5 Housing Infill Development Program to include an economic development agreement pursuant to Chapter 380 of the Texas Local Government Code and a residential tax abatement agreement pursuant to the Act. Applicant - An owner, proposed owner, builder or authorized agent of the owner of eligible property seeldng an agreement under this policy. Base Year Value — The assessed value of eligible property on January 1, preceding the date of execution. Eligible Property - Property located in the defined Program Area_. and_ Immediately Adiacent thereto, whether foreclosed on due to taxes or not. Also, property located outside the Program Area if foreclosed on due to taxes. _ L which ..._ _ is next to the bounda�. ,w' of the date �A_ scent gra �erh Prolies immediately ....e�..__..��_._ _..�,.._ a�... Prow-am Area. inCludin; property across a street or intersection or located Glia �o� nall� .therefrom. New Structure - Residential improvements made to a property previously undeveloped or a vacant parcel which is placed into use by means other than by expansion or modernization without full demolition of an existing substandard or condemned structure. Program Area - An area depicted in "Exhibit B" of the approved resolution for the 5 In 5 Housing Infill Development Program, which area is wholly within the boundaries of Reinvestment Zone 2020-1 for the purpose of residential tax abatements. Residential Improvements - The construction of new residential structures and all the appurtenances thereto. This term includes single family, duplexes and multi -family structures. Value of Improvements — The appraised value of the Residential Improvements as determined by the Lamar County Appraisal District and as described in the Agreement. III. ELIGIBILITY AND GUIDELINES Real property is determined eligible under this policy as provided in the Definitions. If property is eligible, an Applicant may apply for an Agreement to receive incentives provided for in this Page 2 of 7 WM policy. For tax foreclosed properties, all taxing jurisdictions shall be required to sign off on the low cost land sale according to the provisions of State Law prior to transfer of the property to the applicant. Minimum Investment — To be eligible for residential tax abatement, an Applicant must construct a new structure or structures on the property parcels) identified in an Agreement between the applicant and the City. Incentives Low Cost Sale of Foreclosed Pro ernes — As part of their agreement, an applicant may choose to purchase eligible properties that are in a state of tax foreclosure. These properties are strictly first come, first serve and the City makes no warranty on having available properties for this incentive. The City will work with the Lamar County, Paris independent School District, and Paris Junior College to seek a low cost sale of the foreclosed property, but the City can only guarantee a low cost of its share. Tax Abatement - An Applicant who has satisfied all the criteria and guidelines for the low cost property sale and residential tax abatement as set out herein, will be eligible for a 100% five (5) year tax abatement on each parcel on which a dwelling unit or units are constructed and completed. The abatement will become effective on January 11 ofthe year following issuance of a Certificate of Completion following final construction inspection. As provided in the Act, a tax abatement may only be granted for the value of the Residential Improvements which exceed the base year value of the property and which are listed in an Agreement between the City of Paris and the applicant, subject to such limitations as the City of Paris may require. The base value will be set as of January 1'` of the year in which the Agreement is executed. Upon completion of construction, the Applicant shall provide a copy of all material and fixture purchase invoices to prove that those materials and fixtures were purchased locally within the City of Paris when possible. The tax abatement is available only for improvements made after the execution of the Agreement. The Agreement may not be approved by the City Council until at least thirty (30) days after notice of the consideration and possible action on the Agreement has been posted. Reduced Fees for Buildine Plan Review and P MAttin —The Applicant will be entitled to reduced rates for building plan review and permit fees on a cumulative basis for all new dwelling units under agreement with the City according to the following schedule: Total Dwelling Units Plan Review Fee Discount Building Permit Fee Discount 5-9 1000/0 50% 10-19 10011/0 75% 20+ 1009/0 100% Reduced Fees for Water & Sewer Tap Labor — The Applicant will be entitled to reduced rates for water and sewer tap labor fees, where required by the Public Works Department, on a cumulative basis for all new dwelling units under agreement with the City according to the following schedule: Page 3 of 7 Total Dwelling Units Water Tap Labor Sewer Tap Labor Fee Discount Fee Discount 5-9 50% 50% 10-19 75% 75% I 20+ 100% 100% Claw Back Provision — The Applicant who enters into an Agreement with the City of Paris shall construct at least five (5) or more new housing dwelling units on one (1) or more parcels within five (5) years from the effective date of the Agreement, or the City shall have the right to automatically take back any undeveloped parcel under the terms of the agreement and transfer of the property by all taxing entities. This shall be recorded with or as a part of the deed as a right of reversion for all uncompleted construction lots deeded under this agreement against the properly. The Applicant may request approval of an extension for such failure to construct a new residential dwelling unit(s), based upon reasonable circumstances, as may be approved by the City Council under a subsequent revised agreement. Parcels under the agreement cannot be sold or assigned to another individual except by prior approval and re-assignment of the parcel(s) and approval of a new agreement by the City Council. Failure to meet the requirements of constructing a minimum of five (5) dwellings within the five (5) year period will result in a reversion of all parcels upon which Residential Improvements have not been constructed and completed to the City and will result in the Applicant being ineligible to participate in this program in the future. As a further claw back provision, and in accordance with Texas Tax Code Sec. 312.205, the Agreement shall provide for recapturing property tax revenue lost as a result of the agreement if the owner of the property fails to make all the Residential Improvements as provided in the Agreement regardless of how many dwelling units applicant builds. Com liance with all other Ci Re uireme U — The Applicant shall be fully responsible for compliance with all zoning, subdivision platting, and building code requirements as may specifically pertain to the subject parcel(s) under the approved Agreement. The applicant shall be fully responsible for all such costs which may include, but not be limited to: Zoning Changes, Special Use Permits, Variances, Platting and Surveying Costs, Pian Preparation, and Building Permit Fees. V. APPLICATION PROCEDURES Applications for an Agreement with the City shall be reviewed for completeness. City Staff shall determine whether the application satisfies guidelines and criteria and Staff may request additional information or documents from Applicant. City Staff will make final recommendations on each application to the City Council. Any Applicant desiring approval of an Agreement shall comply with the following procedural guidelines. All applications shall be evaluated on their own merits within the parameters of these Guidelines and Criteria. 1. Preliminary Application Steps Page 4 of 7 A. Applicant shall work with City Staff to identify eligible tax foreclosure City Trustee or other parcels within the defined geographic area. City Staff will provide a list and corresponding map from which tax foreclosure City receivership parcels may be reviewed. The Applicant may submit an application for this program at the same time with an application for a building permit(s). If the Applicant for the building permit is not the owner of the real estate and does not make application for an agreement on behalf of the owner, the City Staff shall notify the owner (according to the most current records of the Lamar County Appraisal District records) by certified mail, return receipt requested, that the application must be signed and filed with the City within ten (10) business days of receipt of the affidavit of ownership notice. B. A pre -approval letter must be attached to the application from Applicant's financial institution stating that the Applicant will have financial capital available to complete all new dwelling unit construction under the five (5) year Agreement with the City. Verification of such financial capability may be reviewed over the course of the Agreement. C. If the building permit applicant does not to apply for an Agreement prior to the time that the building permit is issued, or if the owner fails to respond to the written notice of availability for the agreement, this policy shall be considered waived by the applicant and/or owner. City staff shall make arecord to reflect owner's election not to participate in the programa or to document that owner did not respond to City's notice of opportunity to participate in the program. The refusal or waiver to participate in the program by the building permit applicant or owner shall be binding on subsequent owners of the real property. D. A complete legal description shall be provided with a copy of the current deed of the land, unless the parcel(s) are being transferred by deed without warranty by the City of Paris. E. Applicant shall complete all forms and information detailed above and submit all forms to the City of Paris Director of Planning and Community Development. 2. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. If necessary, applicant will meet with City staff to discuss details of the application and to prepare presentation of the application to the City Council. 3. The application shall designate whether the dwellings) to be constructed are to be retained for ownership, or sold to another owner upon completion of construction. The applicant shall also provide an estimate of the value of improvements as required for building permit application. Page 5 of 7 4. If an application for the 5 In 5 Housing Infill Development Agreement is to be recommended for approval by staff; then an Agreement as defined herein with the City of Maris will be prepared by the City Attorney for approval by the City Council. 5. If the Applicant's property is not found to be eligible, the application will be rejected and returned to Applicant. 6. The City Council reserves the right to amend these policies and guidelines as needed. VI. LEGAL DOCUMENTATION PREPARATION The Director of Planning and Community Development and the City Attorney will be responsible for drafting the required Agreement in accordance with state law and this Policy. The legal document will include the following: Estimated value of new structure or residential improvements to be constructed. 2. Total amount of value to be abated over five (5) years. 3. Effective date and the termination date of abatement. 4. Description of the Residential Improvements, schedule of completion, property description, all required City approval requirements and a platted lot site plan or sketch of the parcel(s) to be platted and developed. 5. Applicant agrees to make the new structure or residential improvements available for inspection by City of Paris, or its authorized representatives, and Lamar County Appraisal District (LCAD) during construction and upon completion of the project. 6. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture and administration. 7. A signed and notarized statement as an attachment to the application agreeing to construct five (5) dwelling units on one (1) or more parcels within five (5) years from the date of City Council approval of an Agreement, unless extended by the City Council, or consenting to allow the City to automatically take back the parcel(s) under the initial terms of an approved agreement. Page 6 of 7 CITY OF PARIS, TEXAS APPLICATION FOR RESIDENTIAL TAX ABATEMENT (5 in 5) Property Owner: Name Current: Name Planned* (*Do you plan to re -assign to a buyer upon completion? Yes No Mailing Address: Telephone Number: email: - Builder or Contact (if different than current/planned owner): Name: Mailing Address: State OC License No: Telephone Number: _ email Property Parcel(s) Proposed For 5 In 5 Agreement: (Please submit an attached list of addresses and/or LCAD Va on Excel Spreadsheet, if possible) No. LCAD Address Lot Blk. Addition ,2. 3. 4. 5. Add additional sheets if necessary. Full Legal Description: Include as an attachment a full legal description with metes and bounds or a copy of the deed, if available. Improvements: Type improvements for new Construction: SF_ 2F 3F Quad MF Total Number of Dwelling Units: Estimated Value of improvements by type: Estimated Start Date of Construction: Estimated Date of Completion ofProject(s) Description of Project (attach site plan, floor plan, etc.: Owner's Signature: Date. Applicant(s) Signature: Date: Page 7 of 7