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HomeMy WebLinkAboutA 20070801000091 . • AFTER RECORDING, MAIL TO: City Clerk's Office IMUNINKI City of Renton 1055 S Grady Way 070801000091 Renton, WA 98055 C1ri OF RENO 1 OLDMISC32 42.00 PAGE001 OF KINGICOUNTY09UA DOCUMENT TITLE: MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR THE SANCTUARY REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A GRANTOR: FAIRFIELD SANCTUARY L.P. GRANTEE: CITY OF RENTON LEGAL DESCRIPTION: LOT 2 OF CITY OF RENTON LLA 06-004 LOT 2A SHORT SUBDIVISION, RECORDED UNDER KING COUNTY RECORDING NO. 20060822900013. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER(S): 0886600020 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR THE SANCTUARY THIS AGREEMENT is entered into this / day of 200 7 by and between FAIRFIELD SANCTUARY L.P. (her naft r collectively referred to as the "Applicant"), and the CITY OF RENTON, a municipal corporation (hereinafter referred to as the "City"). Recitals. 1. Applicant has applied to the City for a limited property tax exemption as provided for in Chapter 84.14 RCW and RMC 4-1-220 for multi-family housing residential for-sale housing located in the Urban Center North District 1 (UC- N1) zone as part of the South Lake Washington residential targeted area and the Economic Development, Neighborhoods and Strategic Planning Department Administrator has approved the application; and 2. Applicant has submitted to the City preliminary site plans, floor plans and elevations for The Sanctuary with four hundred forty (440) new multi-family housing units (hereinafter referred to as the `Project") on property situated near the intersection of North 10th Street and Park Avenue North, Renton, Washington, and more fully described in Exhibit A attached hereto, (hereinafter referred to as the "Property"); and 3. Applicant is the owner of the Property; and 4. The City has determined that the Project will, if developed as proposed, satisfy the requirements for a Final Certificate of Tax Exemption. NOW, THEREFORE, the City and Applicant do mutually agree as follows: 1. Conditional Certificate of Acceptance of Tax Exemption City agrees, upon execution of this Agreement following approval by the City Council, to issue a Conditional Certificate of Acceptance of Tax Exemption, which conditional certificate shall expire three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator of the Economic Development, Neighborhoods and Strategic Planning Department (or any other City office, department or agency that shall succeed to its functions), or his or her designee, (hereafter referred to as "Administrator") as provided in RMC 4-1-2201. Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 1 2. Agreement to Construct Multi-Family Housing. a. Applicant agrees to construct the Project on the Property substantially as described in the site plans, floor plans, and elevations on file with the City's Economic Development, Neighborhoods and Strategic Planning Department or its functional successor (hereafter referred to as "Department") as of the date of the City Council's approval of this Agreement, subject to such modifications thereto as may be required to comply with applicable codes and ordinances; provided, that in no event shall such construction provide fewer than thirty (30) new multi-family housing dwelling units designed for permanent residential occupancy. b. Applicant agrees to construct the Project on the Property to comply with all applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the City's development regulations in Title IV of the RMC and the City's applicable design standards and guidelines. The Applicant further agrees that approval of this Agreement by the City Council, its execution by the Mayor, or issuance of a Conditional Certificate of Acceptance of Tax Exemption by the City pursuant to RMC 4-1-220F3 in no way constitutes approval of proposed improvements on the Property with respect to applicable provisions of the City's development regulations included in Title IV of the RMC or any other applicable regulation or obligates the City to approve proposed improvements to the Property. c. Applicant agrees that the Project will be completed within three years from the date of approval of this Agreement by the Council, unless extended by the Administrator for cause as provided in RMC 4-1-2201. 3. Requirements for Final Certificate of Tax Exemption. Applicant may, upon completion of the Project and upon issuance by the City of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, request a Final Certificate of Tax Exemption. The request shall be in writing directed to the Administrator and be accompanied by the following: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire Project and Property; b. A description of the completed work and a statement of qualification for the multi-family housing property tax exemption; Multi-Family Housing Property Tax Exemption Agreement The Sanctuary- p. 2 c. A statement that the Project was completed within the required three- year period or any authorized extension and documentation that the Project was completed in compliance with the terms of this Agreement; and d. Any such further information that the Administrator deems necessary or useful to evaluate the Project's eligibility for the Final Certificate of Tax Exemption. 4. Agreement to Issue Final Certificate of Tax Exemption. The City agrees to file a Final Certificate of Tax Exemption with the King County Assessor within forty (40) days of submission by the Applicant of all materials required by paragraph 3 above, if Applicant has: a. Successfully completed the Project in accordance with the terms of this Agreement and RMC 4-1-220; b. Filed a request with the City for a Final Certificate of Tax Exemption with the Administrator and submitted the materials described in Paragraph 3 above ; c. Paid the City a fee in the amount of two hundred and fifty dollars ($250.00); and d. Met all other requirements provided in RMC 4-1-220 for issuance of the Final Certificate of Tax Exemption. 5. Annual Certification. Within thirty (30) days after the first anniversary of the date the City filed the Final Certificate of Tax Exemption and each year thereafter for a period of ten (10) years, Applicant agrees to file a certification or declaration with the Administrator, verified upon oath or affirmation, with respect to the accuracy of the information provided therein, containing the following: a. A statement of the occupancy and vacancy of the multi-family housing units during the previous year; b. A certification that the multi-family housing units, Project and Property have not changed use since the date of filing of the Final Certificate of Tax Exemption, Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 3 • c. A statement that the multi-family housing units, Project and Property continue to be in compliance with this Agreement and the requirements of RMC 4-1- 220; d. A description of any improvements or changes to the Project made after the filing of the Final Certificate or the most recent certification; and e. Any such further information that the Administrator deems necessary or useful to evaluate eligibility for the Final Certificate of Tax Exemption. 6. No Violations for Duration of Exemption. For the duration of the property tax exemption granted under RMC 4-1-220, Applicant agrees that the Project and the Property will have no violations of applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the development regulations in Title IV of the RMC, for which the Planning, Building and Public Works Department or its functional successor shall have issued a notice of violation, citation or other notification that is not resolved by a certificate of compliance, certificate of release, withdrawal or otherwise, within the time period for compliance, if any, provided in such notice of violation, citation or other notification or any extension of the time period for compliance granted by the Planning, Building and Public Works Department. 7. Notification of Transfer of Interest or Change in Use. Applicant agrees to notify the Administrator within thirty (30) days of any transfer of Applicant's ownership interest in the Project, the Property or any improvements made to the Property. Applicant further agrees to notify the Administrator and the King County Assessor within sixty (60) days of any change of use of any or all of the multi-family housing units on the Property to another use. Applicant acknowledges that such a change in use may result in cancellation of the property tax exemption and imposition of additional taxes, interest and penalty pursuant to State law. 8. Cancellation of Exemption -Appeal. a. The City reserves the right to cancel the Final Certificate of Tax Exemption if at any time the multi-family housing units, the Project or the Property no longer complies with the terms of this Agreement or with the requirements of RMC 4- 1-220, or for any other reason no longer qualifies for a property tax exemption. Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p.4 b. If the property tax exemption is canceled for non-compliance, Applicant acknowledges that state law requires that an additional real property tax is to be imposed in the amount of: [a} the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements, dated back to the date that the improvements became nonqualifying; [b] a penalty of 20% of the difference calculated under paragraph (a) of this paragraph 8; [c] interest at the statutory rate on delinquent property taxes and penalties, calculated from the date the tax would have been due without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.14 RCW and RMC 4-1-220. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, become a lien on the Property and attach at the time the Property or portion of the Property is removed from multi-family housing use, and that the lien has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the Property may become charged or liable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. - -c. Upon determining that a tax exemption is to be canceled, the Administrator shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination in accordance with RMC 4-1-220L2. 9. Amendments. No modification of this Agreement shall be made unless mutually agreed upon by the parties in writing and unless in compliance with the provisions of RMC 4-1- 220H, including but not limited to the Applicant's payment of a two hundred and fifty dollars ($250.00) contract amendment fee. 10. Binding Effect. The provisions, covenants, and conditions contained in this Agreement are binding upon the parties hereto and their legal heirs, representatives, successors, assigns, and subsidiaries. Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 5 • 11. Recording of Agreement. The Administrator shall cause to be recorded at the Applicant's expense, or require Applicant to record, in the real property records of the King County Department of Records and Elections, this Agreement and any other documents as will identify such terms and conditions of eligibility for exemption as the Administrator deems appropriate for recording. 12. Audits and Inspection of Records. Applicant understands and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and RMC 4-1-220 and to perform evaluations of the effectiveness of the multi-family housing property tax exemption program. Applicant agrees to make appropriate records available for review or audit upon seven days' written notice by the City. 13. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within normal business hours, when actually received by facsimile transmission, or two business days after having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. APPLICANT: Fairfield Sanctuary L.P. 19401 40th Avenue West Suite 280 Lynnwood, WA 98036 Phone: 425-640-9242; Fax: 425-640-9240 Attention: Mark E. Faulkner CITY: City of Renton Economic Development, Neighborhoods and Strategic Planning 1055 South Grady Way Renton, Washington 98055 Phone: (425) 430-6592 Fax: (425)430-7300 Attention: Administrator Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 6 • 14. Severability. In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting terms or clause, and to this end, the terms of the Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY OF RENTON Kathy K ker, Mayor APP VED AS TO FORM: ATTEST: 974; Cdattero City Attorney Lawrence J. Warren Bonnie I. Walton, City Clerk FAIRFIELD SANCTUARY L.P. A Delaware Limited Partnership . * By: FF SANCTUARY LLC, its General Partnerrt*1• Q By: FF P' • ' 01'l ES„NC., Its Manager 1 'r '• •. �-:;fit• a►.1By: �it ,Ito* M k E. F..ulkner, Vice President Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 7 'L • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 54k day of 0- , 200 07 , before the undersigned, a Notary Public in and for the stat of Washington, duly commissioned and sworn, personally appeared before me Kathy Keolker, to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath stated that she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. N`nn:!!!il, 16eite4ilte.CIA7L14 . NOTARY PUBLIC Printed Name:/id?taiGit / ? W i tarn - air'�o�+°T AR�434' Residing at R&in�'l ' - (' My commission expires 9//9P-00 9 iN; .o p % 0 .9�g,9,�9-09 AZ)::: [notary seal] Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 8 • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this '(:2i1'` day of , 200 .4- , before the undersigned, a Notary Public in and for`the state of Washington, duly commissioned and sworn, personally appeared before me Mark E. Faulkner, to me known to be the Vice President of FF Properties, Inc., that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC iui uuunuiuuwuiuunma Printed Name: ; !s� 1�l\� •\ Notary PublicResiding at ,.A.c.14, �� State of Washington SUSAN TALLEY My commission expires r \ - My Appointment Expires Oct 31. 2009 s5uui umauuuuiunx.1 [notary seal] Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 9 MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION LOT 2 OF CITY OF RENTON LLA 06-004 LOT 2A SHORT SUBDIVISION, RECORDED UNDER KING COUNTY RECORDING NO. 20060822900013. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Multi-Family Housing Property Tax Exemption Agreement Exhibit A—Legal Description The Sanctuary-p. i