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HomeMy WebLinkAboutContractAFTER RECORDING, MAIL TO: City Clerk's Office City of Renton 1055 S Grady Way Renton,WA 98055 DOCUMENT TITLE: EXTENDED MULT I-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR LIBERTY SQUARE APARTMENTS REFERENCE NUMBER(S) OF DOCUMENTS RELATED DOCUMENT: 20090622001667 GRANTOR: RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP GRANTEE: CITY OF RENTON LEGAL DESCRIPTION: LOTS 11 THROUGH 17, INCLUSIVE, BLOCK 27, TOWN OF RENTON, ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 5FEET OF SAID LOTS FOR ALLEY PURPOSES; (ALSO KNOWN AS ADJUSTED PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-00-168-LLA, RECORDED UNDER RECORDING NUMBER 20020502900015, IN KING COUNTY.WASHINGTON.} ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER(S): 723150-2430 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. Extended Multi-Family Housing Property Tax Exemption Agreement Recording Cover Sheet Liberty Square Apartments EXTENDED MUL TI-FAMIL V HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR LIBERTY SQUARE APARTMENTS THIS AGREEMENT is entered into this __ day of ______ , 2022 by and between RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP, a Washington limited partnership (hereinafter referred to as the "Applicant'), and the CITY OF RENTON, a Washington municipal corporation (hereinafter referred to as the "City"). Recitals. 1.WHEREAS, in January 2009, the Applicant applied to the City for a limited property tax exemption (the "Original Exemption") as provided for in Chapter 84.14 RCW and RMC 4-1-220 for multi-family housing residential rental housing located in the Center Downtown (CD) zone as part of the Downtown designated residential target area and the Department of Community and Economic Development Administrator approved the application; and 2.WHEREAS, the Parties entered into a Multi-Family Housing Property Tax Exemption Agreement for Liberty Square Apartments on May 28th , 2009, and recorded at King County Recorder's File No. 20090622001667(" Original Exemption"); and 3.WHEREAS, the Applicant has completed construction of the Liberty Square Apartments with ninety-two (92) housing units (hereinafter referred to as the "Project') on property located at 415 and 417 Williams Ave S, Renton, Washington, and more fully described in Exhibit A attached hereto, (hereinafter referred to as the "Property"); and 4.WHEREAS, the Applicant successfully completed the requirements of the twelve (12)-year Multi-Family Housing Property Tax Exemption for the Original Exemption; and 5.WHEREAS, in 2021, the Washington State Legislature adopted Engrossed Second Substitute Senate Bill (ESSSB) 5287, amending Chapter 84.14 RCW, which authorizes multifamily property tax exemptions under certain conditions; and 6.WHEREAS, Chapter 84.14 RCW, as amended, authorizes local jurisdictions to extend multi-family property tax exemptions for an additional twelve (12) years if, at a minimum, the owner agrees to meet the locally adopted requirements for new projects receiving a property tax exemption, as applicable at the time of application for an extension, and commits to renting or selling at least twenty percent (20%) of the multi-family housing units as affordable housing units for low-income households; and Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 1 CAG-22-205 15th June 7.WHEREAS, on December 13, 2021, the Renton City Council adopted Ordinance No. 6050, amending the Renton Municipal Code to allow for extended multi-family property tax exemptions for an additional twelve ( 12) years if the owner agrees to provide at least twenty percent (20%) of the multi-family housing units as affordable housing for low-income households making at or below sixty percent (60%) of Area Median Income as provided for in RMC 4-1-220.C.1.c.ii(a); and 8.WHEREAS, the Applicant's last year of exempted property tax for the Original Exemption was 2021 ; and 9.WHEREAS, the Applicant applied to the City for an extended limited property tax exemption on January 20, 2021; and 10.WHEREAS, the City has determined that the Project will, if operated and maintained as proposed, satisfy the requirements for an Extended Certificate of Tax Exemption. NOW, THEREFORE, the City and Applicant do mutually agree as follows: 1.Agreement to Issue Extended Certificate of Tax Exemption. The City agrees to file an Extended Certificate of Tax Exemption with the King County Assessor within forty ( 40) days of receipt of evidence of recording of this Agreement, if Applicant has: a.Continued to successfully operate and maintain the Project in accordance with the terms of this Agreement and RMC 4-1-220; b.Filed a request with the City for an Extended Certificate of Tax Exemption with the Department of Community and Economic Development Administrator ("Administrator"); c.Paid the City a fee in the amount of one thousand dollars ($1,000.00); and d.Met all other requirements provided in RMC 4-1-220 for issuance of the Extended Certificate of Tax Exemption. 2.Duration of the Property Tax Exemption Subject to the terms of this Agreement and the requirements of RMC 4-1-220, the value of improvements qualifying under RMC 4-1-220 is exempt from ad valorem property taxation for twelve ( 12) successive years beginning January 1st of the year Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 2 immediately following the calendar year of the final year of the Original Exemption, subject to approval by the King County Department of Assessments. For the duration of the twelve (12)-year exemption period, the Applicant agrees to rent at least twenty percent (20%) of the Project's new multi-family housing units (i.e., a minimum of eighteen (18) new multi-family housing units) as affordable housing to low income households at sixty percent (60%) or less of median income. The Applicant may use any combination of studio, one (1)-bedroom, two (2)­ bedroom, and/or three (3)-bedroom units to comply with the minimum twenty percent (20%) requirement above. If the Project includes more than one ( 1) building with multi-family housing units, all of the affordable housing units required above shall not be located in the same building. The following definitions apply to the requirements in this Section 2: a."Affordable housing" means residential housing that is rented by a low income household whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty percent (30%) of the household's monthly income. 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 sixty percent (60%) of the median income. d."Median income" means the median family income adjusted for family size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. 3.Annual Certification and Report. Within thirty (30) days after the first anniversary of the date the City issued the Extended Certificate of Tax Exemption and each year thereafter for the duration of the tax exemption period noted in Section 2 above, Applicant agrees to file an annual report with the Administrator. The report shall contain such information as required by RCW 84.14 and as the Administrator may deem necessary or useful, and shall at a minimum include the following: Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 3 a.A statement of the occupancy and vacancy of the multi-family housing units during the twelve (12) 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 Extended Certificate of Tax Exemption, c.A statement that the multi-family housing units, Project, and Property continue to be in compliance with this Agreement and the requirements of RCW 84.14 and RMC 4-1-220; d.A description of any improvements or changes to the Project made after the City issued the Extended Certificate of Tax Exemption; e.The total monthly rent of each multi-family housing unit rented or the total sale amount of each multi-family housing unit sold to an initial purchaser during the twelve months ending with the anniversary date; f.The income of each renter household at the time of initial occupar:icy and the income of each initial purchaser of owner-occupied multi-family housing units at the time of purchase during the twelve (12) months ending with the anniversary date; g.A certification that the Project has been and continues to be in compliance with the affordable housing requirements included in Section 2 above since the date the City issued the Extended Certificate of Tax Exemption; h.A breakdown of the number, type, and specific multi-family housing units rented or sold during the twelve (12) months ending with the anniversary date to meet the affordable housing requirements included in Section 2 above; i.Any additional information requested by the City pursuant to meeting any reporting requirements under RCW 84.14; and j.Any such further information that the Administrator deems necessary or useful to evaluate the Applicant's compliance with this Agreement and the requirements of RCW 84.14 and RMC 4-1-220. 4.No Violations for Duration of Exemption. For the duration of the property tax exemption granted under RMC 4-1-220 and noted in Section 2 above, 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 Department of Community and Economic Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 4 Development 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 Department of Community and Economic Development. 5.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 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. 6.Cancellation of Exemption -Appeal. a.The City reserves the right to cancel the Extended 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. 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 twenty percent (20%) of the difference calculated under paragraph (a) of this Section 6; and [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. Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 5 c.Upon detennining 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 detennination in accordance with RMC 4-1-220.L.2. 7.Amendments. No modffication of this Agreement shall be made unless mutually agreed upon by the parties in writing and unless in compliance with the provisions of RMC 4-1-220.H, including but not limited to the Applicant's payment of a five hundred dollars ($500) contract amendment fee. 8.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. 9.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 Recorder's Office, this Agreement and any other documents as will identify such tenns and conditions of eligibility for exemption as the Administrator deems appropriate for recording. 10.Audits and Inspection of Records. Applicant agrees to maintain, retain, and make available for inspection upon seven (7) days' written request from the City, any records pertaining to this Agreement. 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 perfonn evaluations of the effectiveness of the multi-family housing property tax exemption program. 11.Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within nonnal business hours, when actually received by facsimile transmission, or two (2) 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. Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 6 15.Severability. APPLICANT: Kim Loveall Price Downtown Action to Save Housing 11018 NE 11th St., Bellevue WA 98004 Phone:425-646-9053 CITY: City of Renton Department of Community and Economic Development 1055 South Grady Way Renton, Washington 98055 Phone: (425) 430-6592 Fax: (425) 430-7300 Attention: Adm inistrator 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. [Signatures and notary acknowledgements appear on the following pages.] Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP A Washington Limited Partnership �: Renton Fifth and Williams, LP, a Washington Limited Partnership �: DASH Development, LLC, a Washington Corporation, its general partner. �: Downtown Action to Save Housing, a Washington non­ profit corporation, its sole member and manager CITY OF RENTON §y: Kim oveall Price Executiv Director Downtown Action to Save Housing Armando Pavone, Mayor ATTEST: Jason Seth, City Clerk APP ROVED AS TO LEGAL FORM: Shane Moloney, City Attorney (SM/MPK -Legal Ref #1866) Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 8 (approved via email from Patrice Kent on 3/17/2022) 06/15/2022 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 6 \'sl!= day of fl/\� , 202 2-. , before the undersigned, a Notary Public in and for state of Washington, duly commissioned and sworn, personally appeared before me KIM LOVEALL PRICE, to me known to be the EXECUTIVE DIRECTOR of DOWNTOWN ACTION TO SAVE HOUSING 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. My commission expires� Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 9 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 15th day of June , 2022 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Armondo Pavone, 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 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. `—' Lat-t-r: [notary seal] `\\‘••‘"" Ilit, NOTARY PUBLIC) h,� J Ij// Printed Name: Sandra J. Weir N /i ozARs. ',,'�% Residing at Kent o u 17$T67 �, , .e�e��� My commission expires 06/19/2023 OF W AO\ Extended Multi-Family Housing Property Tax Exemption Agreement Liberty Square Apartments 10 MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION LOTS 11 THROUGH 17, INCLUSIVE, BLOCK 27, TOWN OF RENTON, ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 5 FEET OF SAID LOTS FOR ALLEY PURPOSES; (ALSO KNOWN AS ADJUSTED PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-00-168-LLA, RECORDED UNDER RECORDING NUMBER 20020502900015, IN KING COUNTY.WASHINGTON.)