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HomeMy WebLinkAboutA 20211217000496Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-1 of 14 Record Date: 12/17/20219:57 AM Electronically Recorded King County, WA AFTER RECORDING, MAIL its: CAG-21-284 City Clerk's Office City of Renton 1 055 S Grady Way Renton, WA 98055 DOCUMENT, AGREEMENT c Washington,SOLERA BLOCK B LEGAL DESCRIPTION: Real property in the County of King, State of follows: THAT PORTION OF BLOCK 39, CORRECTED *, HIGHLANDS THROUGH2, ACCORDING TO THE PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 w A di; Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-2 of 14 Record Date: 12/17/20219:57 AM King County, WA THIS AGREEMENT is entered into this 14th day of December -1 2021 by and between SOLERA MANAGER LLC Wereinafter referred to as the "AgWicant"), and 2. Applicant has submitted to the City preliminary site plans, floor plans, and elevations for Solera Block A and Block B with five hundred and ninety (590) new multi -family housing units to be constructed as part of a mixed -use project (hereinafter referred to as the "Project") on property located at 2842 Sunset Blvd, Renton, Washington, and more fully described in Exhibit A attached hereto, (hereinafter referred to as 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. 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 Department of Community and Economic Development (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 4-1-220L Multi -Family Housing Property Tax Exemption Agreement SOLERA Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-3 of 14 Record Date: 12/17/20219:57 AM King County, WA 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 Department of Community and Economic Development 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, nor shall permanent residential housing comprise less than fifty percent (50%) of the gross floor area of the mixed -use project constructe#_� pursuant to this Agreement. MEM C. Applicant agrees that the Project will be completed within three (3) 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. 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 .iousing unit and the total expenditures made with respect to the entire Project 8A* 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 SOLE2 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-4 of 14 Record Date: 12/17/20219:57 AM King County, WA Multi -Family Housing Property Tax Exemption Agreement SOLER1 3 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-5 of 14 Record Date: 12/17/20219:57 AM King County, WA SIM _W --- WON __ ------------- The Applicant may use any combination of studio, one (I) -bedroom, two (2)- bedroom, and/or three (3)-bedroom units to comply with the minimum twenty percent requirement above. If the Project includes more than one (1) building with multi -family housing units, 2,11 of the affordable housing units required above shall not be located in the same — building. b. "Household" means a single person, family, or unrelated persons living together. c"Low income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty percent (80%) of the median income. Within thirty (30) days after the first anniversary of the date the City issued the Final Certificate of Tax Exemption and each year thereafter for the duration of the tax exemption period noted in paragraph 5 above, Applicant agrees to file an annual Ilh with the Administrator. The report shall contain such information as required by RC 84.14 and as the Administrator may deem necessary or useful, and shall at a minimu include the following: Multi -Family Housing Property Tax Exemption Agreement SOLE1A 4 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-6 of 14 Record Date: 12/17/20219:57 AM King County, WA a. A statement of the occupancy and vacancy of the multi -family housing units during the twelve months ending with the anniversary date; b. A certification that the multi -family housing units, Project, and Property have not changed use since the date the City issued the Final Certificate of Tax Exemption, C. A statement that the multi -family housing units, Project, and Property 11caile Nning req#.1rernorits, 1�m* x5tl lega Multi -Family Housing Property'Tax Exemption Agreement SOLERA 5 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-7 of 14 Record Date: 12/17/20219:57 AM King County, WA d housing code requirements, including but not limited to the development regulatio"l, in Title IV of the RMC, for which the Department of Community and Economic Development or its functional successor shall have issued a notice of violation, citation *r 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 Department of Community and Economic Development. M7913RUM 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 mads to the Property. Applicant further agrees to notify the Administrator and the King Count� 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. Multi -Family Housing Property Tax Exemption Agreement SOLERA 6 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-8 of 14 Record Date: 12/17/20219:57 AM King County, WA 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 4-1-2201-2. 10. 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 five hundred dollars ($500) co The provisions, covenants, and conditions contained in this Agreement are binding upon the parties hereto and their legal heirs, representatives, successors, assigns, and subsidiaries. 12. Recordina of Aareement. lip NOW � "1, 1111011,104 ot Recoras ano tziecflon5, MIS Xgree(77ra ant, any OWIrlef VIOGIMCHLb terms and conditions of eligibility for exemption as the Administrator deems appropriate for recording. Applicant agrees to maintain, retain, and make available for inspection upon seven days' written request from the City, any records pertaining to this contract. Applicant understands and agrees that the City has the right to audit or review a;ti, to, perform evaluations of the effectiveness of the multi -family housing property tax exemption program. 14. Notices. Multi -Family Housing Property Tax Exemption Agreement SOLERA 7 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-9 of 14 Record Date: 12/17/20219:57 AM King County, WA 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. APPLICART Solera Manager, LLC 10900 NE 8th St, Suite 1200 Bellevue, WA 98004 Phone: 425-278-9023 Attention: David B Ratliff, Manager CITY: City of Renton Department of Equity, Housing, and Human Services 1055 South Grady Way Renton, Washington 98055 Phone: (425) 430-7394 Attention: Administrator 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. CAA SOLERA Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-10 of 14 Record Date: 12/17/20219:57 AM King County, WA the parties g; and year written above. C _ 12/14/2021 (approved via email from Patrice Kent) Sham oloney, C4 Attorney Jason Seth, City Clerk 0 0\\WtlItI1111, ��� 4g�rrtitrorPE'fA ��� Al m W \4a^� Multi -Family Housing Property Tax Exemption Agreement Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-11 of 14 Record Date: 12/17/20219:57 AM King County, WA STATE OF WASHINGTON )ss. COUNTY OF KING On this J r—td' dav 202 ( , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me DAVID TLIFF, to me known to be the Manager of SOLERA MANAGER ILILC, that exe( ilte 'the within and foregoing 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 iay and year first above written. NOTARY PUBLIC,,/ Printed Name: " re', 01 r_6 //, 'IS Residing ate c. My commission expiresEZ2 / 2- --A .Multi -Family Housing Property Tax Exemption Agreement SOLERA 10 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-12 of 14 Record Date: 12/17/20.21 9.57. AM King County, WA 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 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 PUBLI Printed Name: Sandra J. Weir Residing at Kent My commission expires 6/19/2023 Multi -Family Housing Property Tax Exemption Agreement SOLERA 11 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-13 of 14 Record Date: 12/17/20219:57 AM King County, WA III, IF 11,14 W y SOLERA BLOCK A LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as follows: THAT PORTION OF BLOCKS 39 AND 4, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 93, INCLUSIVE, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 39; THENCE NORTH 35046'47" EAST 65.73 FEET" THENCE NORTH 54016'02" WEST 36.6 FEET TO THE POINT OFBEGINNING; THENCE CONTINUING NORTH 54016'02" WEST 161.99 FEET TO A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9000'00", AN ARC DISTANCE OF 23.6 FEET, THENCE NORTH 3041'56" EAST 160.59 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 124.50 FEET, THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 341D40'01 ", AN ARC DISTANCE OF 75.33 FEET; THENCE NORTH 01001'57" EAST 176.16 FEET TO A CURVETO THE RIGHT, HAVING A RADIUS OF 1.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", A ARC DISTANCE OF 23.6 FEET THENCE SOUTH 66056'03" EAST 171.02 FEET TO A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 67049'37", AN ARC DISTANCE OF 22.99 FEET TO A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 361.64 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32024' 15", AN ARC DISTANCE..OF-2 63 FEET TO . ,. V S O .RVE-LO TH.E I T&, AVING, A , , . RADIUS OF 1.00 Instrument Number: 20211217000496 Document:AG Rec: $216.50 Page-14 of 14 Record Date: 12/17/20219:57 AM King County, WA FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENRAL ANGLE OF 69019'27", AN ARC DISTANCE OF 16.15 FEET; THENCE SOUTH 35046'47" WEST 357.40 FEET TO A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 69055' 12", AN ARC DISTANCE OF 23.54 FEET TO THE POINT OF BEGINNING.