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RES3753CITY OF RENTON,WASIDNGTON RESOLUTION NO.3753 A RESOLUTION OF THE CITY OF RENTON,WASHINGTON, APPROVING A MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT FOR THE PARKSIDE AT 95 BURNETT PROJECT. WHEREAS,the City has an interest in stimulating new construction ofmulti-family housing in selected residential targeted areas to increase housing opportunities,assist in achieving the goals ofthe City's Comprehensive Plan,and reduce development pressures on single-family residential neighborhoods;and WHEREAS,the City,pursuant to Chapter 84.14 RCW,has designated several residential targeted areas for the allowance of a limited property tax exemption for new multi-family residential housing;and WHEREAS,the City,through Ordinance No.5061,has enacted RMC 4-1-220 whereby property owners in residential targeted areas may qualify for a limited property tax exemption for new multi,;.family residential housing;and WHEREAS,the Parkside at 95 Burnett LLC (referred to hereafter as the "Owner")has submitted a complete application for a multi-family housing tax exemption;and WHEREAS,the Owner proposes to construct the Parkside at 95 Burnett project with one hundred six (106)new units of multi-family housing at 77 and 95 Burnett Avenue South, Renton,Washington,in the Center Downtown (CD)zone residential targeted area (referred to hereafter as the "Project");and 1 RESOLUTION NO.3753 WHEREAS,the City's Economic Development,Neighborhoods and Strategic Planning Department Administrator has determined that the Project,ifdeveloped as proposed,will satisfy the requirements for the multi-family housing property tax exemption;and WHEREAS,the Project will expand the housing opportunities available in Downtown Renton;and WHEREAS,the City's multi-family housing property tax exemption program requires the Owner to enter into a contract with the City regarding the terms and conditions ofthe Project; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASIDNGTON,DOES RESOLVE AS FOLLOWS: SECTIONL SECTIONll. The above findings are true and correct in all respects. The Multi-Family Housing Property Tax Exemption Agreement, attached as Exhibit A.,is hereby approved. SECTIONm The Mayor and City Clerk of the City ofRenton are hereby authorized to execute the Multi-Family Housing Property Tax Exemption Agreement for the Project in substantially the form attached as Exhibit A with the Owner or its heirs,successors and assigns that own the Project,which agreement shall assure the development ofthe Project in accord with certain terms and conditions to allow the Owner to secure a limited property tax exemption for the Project's qualifying improvements. PASSED BY THE CITY COUNCIL this 9 th day Of __---'M"""a:>..ly~---..:>,2005. Bonnie I.Walton,City Clerk 2 RESOLUTION NO.3753 APPROVED BY THE MAYOR this 9 th day of__.....-::..:M:.::a:.Ly ---:,2005. Approved as to form: ~~ RES.IIlO:4/22/05:ma 3 RESOLUTION NO.3753 EXHIBIT A MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR PARKSIDE AT 95 BURNETT THIS AGREEMENT is entered into this __day of ,200_ by and between PARKSIDE AT BURNETT,llC (hereinafter referred to as the "Applicanf'),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 rental housing in the Center Downtown (CD)zone 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 Parkside at 95 Burnett with one hundred six (106)new multi-family housing units (hereinafter referred to as the "Project")on property situated at 77 and 95 Burnett Avenue South,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 RESOLUTION NO.3753 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. 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 wiH 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; Multi-Family Housing Property Tax Exemption Agreement Parkside at 95 Burnett -p.2 RESOLUTION NO.3753 b.A description of the completed work and a statement of qualification for the multi-family housing property tax exemption; 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 Parkside at 95 Burnett -p.3 RESOLUTION NO.3753 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 Parkside at 95 Burnett -p.4 RESOLUTION NO.3753 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. 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 Multi-Family Housing Property Tax Exemption Agreement Parkside at 95 Burnett -p.5 RESOLUTION NO.3753 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: Parkside at 95 Burnett,lLC 2256 38th Place East Seattle,WA 98112 Phone:206-322-1381 Fax:206-568-8589 Attention:Judith C.Nielsen,Manager CllY:City of Renton Economic Development,Neighborhoods and Strategic Planning 1055 South Grady Way Renton,Washington 98055 Phone:(425)4~92 Fax:(425)430-7300 Attention:Administrator 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. Multi-Family Housing Property Tax Exemption Agreement Parkside at 95 Burnett -p.6 RESOLUTION NO.3753 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year written above. PARKSIDE AT 95 BURNETT,LLC Judith C.Nielsen,Manager APPROVED AS TO FORM: City Attorney CITY OF RENTON f I Kathy Keolker-Wheeler,Mayor ATTEST: Bonnie I.Walton,City Clerk Multi-Family Housing Property Tax Exemption Agreement Parkside at 95 Burnett -p.7 RESOLUTION NO.3753 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of ,200 ,before the undersigned,a Notary Public in and for the state of Washington,duly commissioned and sworn,personally appeared before me Kathy Keolker-Wheeler,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. NOTARY PUBLIC Printed Name:_ Residing at _ My commission expires _ rnotarv seall Multi-Family Housing Property Tax Exemption Agreement Parkside at 95 Burnett -p.8 RESOLUTION NO.3753 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of ,200 ,before the undersigned,a Notary Public in and for the state of Washington,duly commissioned and sworn,personally appeared before me Judith C.Nielsen,to me known to be the manager of Parkside at 95 Burnett,LLC,the Washington limited liability company 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 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. NOTARY PUBLIC Printed Name:- Residing at _ My commission expires _ [notary seal] Multi-Family Housing Property Tax Exemption Agreement Parkside at 95 Burnett -p.9 RESOLUTION NO.3753 MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION 77 Burnett Avenue South That portion of the Henry H.Tobin donation land claim no.37,Parcel B of Renton Land Use Action #04-Q18-LLA Recording #20040413900018SDLLA Located in S.E.1/4 of the N.E.1/4 section 18,Township 23 North,Range 5 East,Willamette Meridian,in King County,Washington. 95 Burnett Avenue South That portion of the donation land claim of Diana B.Smithers,family of Diana B.Tobin, a widow,and the heirs at law of Henry H.Tobin,deceased,designated as claim no.37 located in parts of sections 17,18 and 20,Township 23 North,Range 5,Willamette Meridian,in King County,Washington,defined as follows: Beginning at a point 60 feet west of the northwest corner of Block 24 of the town of Renton,according to the plat thereof,recorded in volume 1 of plats,page 135 in King County,Washington;thence south 16.5 feet;thence west 109.5 feet to the Northern Pacific Railroad right-of-way;thence north along the east line of said right-of-way 300 feet;thence east 109.5 feet;thence south 283.5 feet to the point of beginning;except the north 62 feet thereof. Multi-Family Housing Property Tax Exemption Agreement Exhibit A -Legal Description Parkside at 95 Burnett -p.i