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Home My WebLink AboutMerrill Gardens at Auburn, LLC CITY OF Y AWASHINGTON MULTI-FAMILY HOUSING TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this.A day of fezeutgAi , 20 by and between uU- &* -A5* M Au -4d,14-C (hereinafter referred to as the"Owner"),and the CITY OF AUBURN,a municipal corporation of the State of Washington(hereinafter referred to as the"City"). WITNESSETH: WHEREAS the City has an interest in stimulating new construction or rehabilitation of multi-family housing in Residential Target Areas in order to reduce development pressure on single-family residential neighborhoods,to increase and improve housing opportunities, and to encourage development densities supportive of transit use, and WHEREAS the City has, pursuant to the authority granted to it by Chapter 84.14 RCW, designated various Residential Target Areas for the provision of a limited property tax exemption for new multi-family residential housing,and WHEREAS the City has,through Chapter 3.94 Auburn Municipal Code(ACC),enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the King County Assessor that the owner is eligible to receive a limited property tax exemption,and WHEREAS,The Owner is interested in receiving the multiple family property tax exemption for new/rehabilitated multiple family residential housing units in a residential targeted area;and WHEREAS,The Owner has submitted to the City a complete application form for no fewer than fifty (50) units of new/rehabilitated multifamily housing within a residential structure or as part of an urban development. WHEREAS the Owner has submitted to the City preliminary site plans and floor plans for multi-family residential housing to be constructed on said property legally described as: SEE EXHIBIT A , in the City of Auburn, King County. Assessor's Parcel Number(s) ,commonly known as , hereinafter referred to as the"Site," and WHEREAS the City has determined that the improvements will, if completed as proposed,satisfy the requirements for a Final Certificate of Tax Exemption; NOW,THEREFORE,the City and the Owner do mutually agree as follows: 1. The City agrees to issue the Owner a Conditional Certificate of Acceptance of Tax Exemption. 2. The Owner agrees to construct on the Site multi-family residential housing substantially as described in the most recent site plans,floor plans,and elevations on file with the City as of the date of administrative approval of this Agreement. 3. The project must comply with all applicable zoning requirements, land use requirements, design review requirements and all building,fire,and housing code requirements contained in the Auburn Municipal Code(herein referred to as the"ACC")at the time a complete application for a building permit is received. 4. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable State or City building codes. 5. The new,converted,or rehabilitated multiple-unit housing must provide for a minimum of fifty(50) percent of the space for permanent residential occupancy.The project,whether new,converted,or rehabilitated multiple-unit housing, must include at least fifty(50)units of multifamily housing within a residential structure or as part of an urban development. 6. The Owner agrees to complete construction of the agreed upon improvements within three years from the date the City issues the Conditional Certificate of Acceptance of Tax Exemption,or within any extension thereof granted by the City. 7. The Owner is requesting an X EIGHT or a TWELVE year(check one)limited property tax exemption.(If a twelve year exemption,the Owner commits to renting or selling at least twenty percent (20%) of the multifamily housing units constructed on the site as housing units affordable for low-income households as defined by Section 3.94.030 ACC). 8. The Owner agrees, upon completion of the improvements and upon issuance by the City of a temporary or permanent certificate of occupancy,to file with the City's Department of Community Development 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 property; b. A description of the completed work and a statement of qualification for the exemption; and c. A statement that the work was completed within the required three(3)year period or any authorized extension. d. If applicable,that the project meets the affordable housing requirements as described in RCW 84.14.020. 9. The City agrees, conditioned on the Owner's successful completion of the improvements in accordance with the terms of this Agreement and on the Owner's filing of the materials described in Paragraph 8 above,to file an eight or twelve year, as applicable, Final Certificate of Tax Exemption with the King County Assessor. 10. The Owner agrees, within 30 days following the first anniversary of the City's filing of the Final Certificate of Tax Exemption and each year thereafter for a period of eight or twelve years,as applicable,to file a notarized declaration with the City's Department of Community Development indicating the following: a. A statement of occupancy and vacancy of the multi-family units during the previous twelve(12) months; b. A certification that the property continues to be in compliance with this Agreement; and, c. A description of changes or improvements constructed after issuance of the certificate of tax exemption. d. A statement of the income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption and a summary of these figures. e. Any information needed by the City to file its annual report pursuant to Auburn Municipal Code (ACC)3.94.110 and any additional information requested by the City in regards to the units receiving a tax exemption. 11. The parties acknowledge that the units are to be used and occupied for multifamily residential use.The parties further acknowledge that the certificate of occupancy issued by the City is for multifamily residential units.The Owner acknowledges and agrees that the units shall be used primarily for residential occupancy and any business activities shall only be incidental and ancillary to the residential occupancy. 12. If the Owner converts to another use any of the new multi-family residential housing units constructed under this Agreement,the Owner shall notify the King County Assessor and the City's Department of Community Development within 60 days of such change in use. 13. The Owner agrees to notify the City promptly of any transfer of Owner's ownership interest in the Site or in the improvements made to the Site under this Agreement. 14. For purposes of this agreement,"Owner"shall mean the Owners Association of a condominium complex once such association is established which shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units. 15. The City reserves the right to cancel the Final Certificate of Tax Exemption should the Owner, its successors and assigns,fail to comply with any of the terms and conditions of this Agreement. 16. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this agreement.Such liability may include additional real property tax, penalties and interest imposed pursuant to RCW 84.14.110. 17. Nothing in this Agreement shall permit or be interpreted to permit either party to violate any provision of Chapter 84.14 RCW or ACC Chapter 3.94. 18. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 19. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this agreement.Such liability may include additional real property tax,penalties and interest imposed pursuant to RCW 84.14.110.The Owner further acknowledges its awareness and understanding of the process implemented by the King County Assessor's Office for the appraisal and assessment of property taxes.The Owner agrees that the City is not responsible for the property value assessment imposed by King County at any time during the exemption period. 20. 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 term or clause,and to this end,the terms of this Agreement are declared to be severable. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. City of Auburn Property Owner • _ Byt Nancy Backus, y.• Its. /Il 11/)�l'./6r. Merrill Gardens at Auburn, LLC Kevin ny.4F,ectorrit ommunity By: RDM Housing Strategies IV, LP, a Development&P lic ork • Delaware limited partnership Shelley Coleman, Fijnce Director Its: Managing Member Appr•- ed .-;to , ' By: R.D. Merrill Real Estate Holdings, LLC, a �.\ Washington limited liability company treid,City Attorney Its: General •.rtner Name: �/.l6a.., ' 72-17924 Its: ,S0: EXHIBIT A Merrill Gardens Auburn—Tax parcel numbers 781570 0280 781570 0290 781570 0295 781570 0300 781570 0305 781570 0310 781570 0327 781570 0325 781570 0326 781570 0285 Addresses: ATTACHMENT TO CLOSING STATEMENT#13000200633A Property Address 9 Second Street SE Auburn, Washington 98002 Property Address 15 Second Street SE Auburn,Washington 98002 Property Address 123 A Street SE Auburn,Washington 98002 Property Address 117 A Street SE Auburn, Washington 98002 Property Address 115 A Street SE Auburn, Washington 98002 Property Address 55 A Street SE Auburn, Washington 98002 Property Address 109 A Street SE Auburn, Washington 98002 A new address of 18 15' Street Auburn, WA 98001 was assigned to the entire site recently, but the above addresses were the addresses that were in effect at the time we purchased the land. Please note that not all the parcels had an address. EXHIBIT A LEGAL DESCRIPTION LOTS 1 THROUGH 8, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON AND ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID LOT 8 CONVEYED TO THE CITY OF AUBURN BY DEEDS RECORDED UNDER RECORDING NUMBERS 7701270580 THROUGH 7701270583, INCLUSIVE, RECORDS OF KING COUNTY WASHINGTON; AND EXCEPT THAT PORTION OF SAID LOT 5 CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY UNDER RECORDING NUMBER 20070619000373, RECORDS OF KING COUNTY WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO's. 20150807001087, 20150807001088, 20150807001089, 20150807001090, 20150807001091, 20150807001092 AND 20150807001093. SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. (LEGAL DESCRIPTION PER CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA15- 0007, DECLARATION OF LOT COMBINATION RECORDED NOVEMBER 25, 2015 UNDER RECORDING NUMBER 20151125001018, RECORDS OF KING COUNTY, WASHINGTON.) 20151125001018 001 H11111111111111111 WHEN RECORDED RETURN TO: 20151125001018 FIDELITY NATIO DISC 78.00 Owen B. Hille,P.L.S., Surveyor Project S PAGE-001 OF 006 J y 11/28/2015 14:40 Bargbausen Consulting Engineers, Inc. KING COUNTY, ILA 18215 72nd Avenue South Kent,WA 98032 DOCUMENT TITLE(S) Declaration of Lot Combination REFERENCE NUMBER(S)OF DOCUMENTS ASSIGNED OR RELEASED: N/A GRANTOR(S): 111W Holdings Auburn SE Block LLC,a Washington limited liability company GRANTEE(S): MW Holdings Auburn SE Block LLC,a Washington limited liability company ABBREVIATED LEGAL DESCRIPTION: Lots 1-8,BLK 6,Town of Slaughter,Vol 2, PG 56 TAX PARCEL NUMBER(S): 781570 0280,781570 0290, 781570 0295,781570 0300,781570 0305,781570 0310, 781570 0327,781570 0325& 781570 0326 Recorded at the request of FIDELITY NATIONAL TITLE MAJOR ACCOUNTS Order n Zo371Z97 Z7/ 1.2C, LPB OI-05 20151125001018 004 (CITY OF AUBURN BLA15-0007) DECLARATION OF LOT COMBINATION ORIGINAL LEGAL DESCRIPTIONS PARCEL A: PARCEL B, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0003-95, RECORDED UNDER RECORDING NUMBER 9502160960, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO, 20150807001091. PARCEL B: LOT 3, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY,WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. PARCEL C: LOT 4, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 20150807001093. PARCEL D: LOT 5, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY,WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. EXCEPT THAT PORTION OF SAID LOT 5 CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY UNDER RECORDING NUMBER 20070619000373, RECORDS OF KING COUNTY, WASHINGTON. Project 16840 Merrill Gardens BLE 16840exh04-LLE.dwg 16840L.012.doc OBH November 13, 2015 20151125001018.005 ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 20150807001090. PARCEL E: • LOT 6, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 20150807001087. PARCEL F: LOT 7, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. PARCEL G: THE SOUTH 60 FEET OF LOT 8, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID LOT 8 CONVEYED TO THE CITY OF AUBURN BY DEEDS RECORDED UNDER RECORDING NUMBERS 7701270580 THROUGH 7701270583, INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON. ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 20150807001088. PARCEL H: THE NORTH 29.80 FEET OF LOT 8, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY, WASHINGTON WHICH ATTACHED THERETO BY OPERATION OF LAW. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 20150807001092. Project: 16840 Merrill Gardens BLE 16840exh04-LLE.dwg 16840L.012.doc OBH November 13, 2015 20151125001018.006 PARCEL I: THE SOUTH 30.2 FEET OF THE NORTH 60 FEET OF LOT 8, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY,WASHINGTON. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 20150807001089. PARCEL J: PARCEL A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0003-95, RECORDED UNDER RECORDING NUMBER 9502160960, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. NEW LEGAL DESCRIPTION: Xth PO r i A _ LOTS 1 THROUGH 8, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON AND ALLEY VACATED BY CITY OF AUBURN ORDINANCE 6511 RECORDED UNDER RECORDING NUMBER 20140811000527, RECORDS OF KING COUNTY,WASHINGTON; —EXCEPT THAT PORTION OF SAID LOT 8 CONVEYED TO THE CITY OF AUBURN BY DEEDS RECORDED UNDER RECORDING NUMBERS 7701270580 THROUGH 7701270583, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; --AND EXCEPT THAT PORTION OF SAID LOT 5 CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY UNDER RECORDING NUMBER 20070619000373, RECORDS OF KING COUNTY, WASHINGTON; —AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO's. 20150807001087, 20150807001088, 20150807001089, 20150807001090, 20150807001091, 20150807001092 AND 20150807001093. c *S11- 6125C4at PrZe- ,°a.. co-A 6v, Ic-c*o7- o��,� B Fi . �• • go *:� A , pi mne 41 RR',rys7fy,� AL LAP Project: 16840 Merrill Gardens BLE 16840exh04-LLE.dwg 16840L.012.doc OBH November 13, 2015 20151125001018.002 I ` S89•08'20"E 299.96' .- - 0 1ST STREET SE b il S89'08'20"E 213.12' y- 7 I L2 32.30' I 30 a15 aµ0295 i 1g\"03°-.0290 I 1815 a402ar J I 4 I 3 I 2 I 1 32.22' B F LpGK 6 k-LOT LINES-#/-1 I TO BE w L4 WW I REMOVED I gL0 1AVf' ER S 0-w-- C VAR. I 76 An to (TYPICAL)T0W� 2, 4J 56 C 4- x O Z H 51.19' n Q CA4 N ALLEY VACATED PER I- Li 5 t 4 REC. NO. 20140811000527 F L5 w N p N I I "1 CC0 0 io k,.:15.2.9 . a I-- N 0 I i u7 LOT LINES TO I . 5 to co N Z > b BE REMOVED I- — — — 0' IQ b y Z (TYPICAL) 3 Np N o N c 5 6I 25' 161510 p32' 32.40'' 30' I I- — — —— e 0140300 PP140307 APIA' 10 I VAR. I. Ta15"j0- TgiS"j0I 7St520 03 156 aP N' L6 vpL 2' PG I Ta15�o_o3zT 32.45' a N43•42'09°W L10 L9 I _IL8 L7 a CS W 26.61' 25' PSE EASEMENT N89'08'12"W 131.080 a • 1 REC. ND TO11C8T5000426 ro 0 ` 2ND STREET SE " 1. N89'08'12"W 300.02' —b 6 / (BASIS OF BEARINGS) Z • #�� S(fE AREA: o�_. o ' 59,728 S0. FT. e 1.37 ACRES � ' t , ys s gE40016�o e�� SEE SHEET 2 OF 2 FOR LINE AND CURVE TABLES § 1 Jib B 151 C0. 5° f y4C EANO 1+m60' q { gam . PTN. NE1/4, SE1/4_SEC. 13, 121N, R4E, W.M. SCALE: For: JOB NUMBER HORIZONTAL 1'=60' VERTICAL N/A 16840 GHAL 18215 72ND AVENUE SOUTH CITY OF AUBURN Q` �4 KENT, WA 98032 BLA15-0007 16840L012.000 _..' 'lli, (425)251-6222 ■ `'�', (425)251-8782 FAX Title: SHEET a� �` o PLANNING, SURVEYINC.NO LOT COMBINATION 1 2 14tENOr ENVIRONMENTAL SERVICES __of 2 (DRAWN AMA— I I (DATE 10/5/15 • 20151125001018.003 CURVE TABLE: C1: d=51'13'57' UNE TABLE: R=19.50' L1=N53'38'56"E 12.60' L=17.44' ,,, L2=S57 32'07"E 17.05' L3=S0'51'03"W 60.80' 02: 6=51'39'23" = L4=S1'15'47'W 6.08' R=30.25' L5=50'59'15"W 35.98' L=27.27' ° L6=50'59105"1V 57.52' L7=N89'13'37'W 32.14' C3: A=51'37'16" 0 L8=S0'53'001V 9.40' R=30.25' ;; L9=S0'51'48'W 4.83' L=27.25' N L10=S89'08'12"E 13.67' N L11=N0'51'48'E 4.83' C4: 6=51'36'41" o L12=N89108112"W 38.20' R=19.50' L=17.57 E 05: A=89.47'17" S R=3.80' S L=5.95' o, V V 'A a I or-, —.gum dt; :: 14. I° . Vil% -;.; z 4 0 ` 0 • --1 q ';:'� ,A 40016 p J`� ? � ® °o 'r'1i fe)5ILO" ' S; *')1 LAd0 S 1+-60' beam t1 1.0 ,.,...,,) PTN. NE1/4, SE1/4 SEC. 13, T21N, R4E, W.M. L- SCALE: For: JOB NUMBER HORIZONTAL 1"=60' VERTICAL N/A 16840 GHA(, 15215 72ND AVENUE SOUTH CITY OF AUBURN Q (i1 KENT, WA 98032 BLA15-0007 16640L.012.DOC tot A./, (425)251-6222 _ 07�I _ 425)251-8782 FAX Title: SHEET S .0 �.$ 5 CIVIL ENGINEERING, LAND DECLARATION OF '7AC E'' " PLANNING, SURVEYING,S NC, LOT COMBINATION 2 oT 2 WOW KMA— 1 I IDATE 10/5/15