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HomeMy WebLinkAboutCAG2020-397 - Original - The Back Nine at Ethos LLC - Multifamily Housing Property Tax Exemption - 12/10/2020FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Dir Asst: Dir/Dep: Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cheny colored paper)WASHtNGToN ? oL CL CL Originator: Jason Garnham Department: Parks, Recreation & Community Services Date Sent: L2/07 /2020 Date Required: Authorized to Sign: ! Director or Deslgnee I Mayor Date of Council Approval: 7r/L7 /2O2O Budget Account Number: Budoet? l-lYes lTlNo Grant? EYes E No Type: N/A tro IPo Et-orF E IPg o E atol- ctl Vendor Name: Back Nine at Ethos LLC Category: Contract Vendor Number Sub-Category: Original projectName: Phase II of Marquee on Meeker/ Ethos mixed-use development Multifamily Tax Exemption contract projectDetaits:Ad valorem tax exemption for construction of 210 apartment units and 6,000 SF retail space at 22OO W Meeker St Agreement Amount: Start Date: Basis for Selection of Contractor: Othef Termination Date: N/A Local Businessz D Yes L No* *lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace Notice required prior to disclosure? nYes n ruo Contract Number: trlc ih, \.o =E.E; o=Ei o =.9ut Comments: Mayor's signature authorized by Committee of the Whole on 11/10/2020 and on the Council consent calendar II/L7/2O2O Date Received by City Attorney: L2/7 /20 Date Routed to the Mayor's Office: Date Routed to the City Clerks Office adc.W2237l_l_20 Visit Documents.KentwA.gov to obtain copies of all agreements rev.200821 CAG2020-397 CORRECTION - THIS IS AN ECD CONTRACT 1 2 MULTIFAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT THIS MULTIFAMILY HOUSING PROPERry TAX AGREEMENT (hereinafter "Agreement") is entered into on the last date signed below, by and between The Back Nine at Ethos LLC (hereinafter "Applicant"), and the CITY OF KENT, a municipal corporation (hereinafter "City"). Recitals. Applicant has applied to City for a limited property tax exemption as provided for in Chapter 84.L4 RCW and Chapter 3.25, Kent City Code ("KCC") for multifamily residential housing located in the residential targeted area, as defined in KCC Section 3.25.020, and the Director of Economic and Community Development (hereinafter "Director") has approved the application; and Applicant has submitted to City preliminary site plans and floor plans for new multifamily housing units to be constructed as part of a mixed-use project known as Ethos -Phase II aka Marquee on Meeker(hereinafter "Project") on property located at 22O0 West Meeker Street, Kent, Washington, and more fully described in Exhibit 1 attached hereto, (hereinafter "Property"); and Applicant is the owner of the Property; and city has determined that the Project will, if developed as proposed, satisfy the requirements for a final certificate of tax exemption. NOW, THEREFORE, in consideration of the mutual promises herein, City and Applicant do mutually agree as follows: 1. Conditional Certificate of Acceptance of Tax Exemption City agrees/ upon execution of this Agreement, and subject to approval by the City Council, to issue a conditional certificate of acceptance of tax exemption (hereinafter "Conditional Certificate"), which shall expire three (3) years from the date of approval of this Agreernent by the City Council, unless extended by the Director, or his or her designee, as provided in KCC Section 3.25.070. 2. Agreement to Construct Multifamily Housing. a. Applicant agrees to construct the Project on the Property substantially as described in the site plans and floor plans on file with the City's Economic and Community Development Department as of the date of the City Council's approval of this Agreement, subject to such modifications thereto as may be required to Multifamily Housing Property Tax Exemption Agreement 3 4 I Page 1 of 10 comply with applicable codes and ordinances; provided, that in no event shall such construction provide fewer than thirty (30) new multifamily housing dwelling units designed for permanent residential occupancy and at least fifty percent (50o/o) of the space within the Project shall be intended for permanent residential occupancy . b. Applicant agrees to comply with all applicable zoning requirements, ly'nd use regulations, and building and housing code requirements, including but not Iimited to the city's comprehensive plan, building, fire, housing, and zoning codes, downtown design review guidelines, multifamily design review, and mixed use design review if applicable (hereinafter, collectively, "Development Regulations"). The project must be LEED@ certifiable as confirmed by a LEED@ certified independent third party reviewer or must be Built Greent' certified, and must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. Applicant further agrees that approval of this Agreement by the City Council, its execution by the Mayor, or issuance of a Conditional Certificate by the City pursuant to KCC Section 3,25.060.C in no way constitutes approval of proposed improvements on the Property with respect to applicable provisions of the City's Development Regulations or obligates the City to approve proposed improvements to the Property. c, Applicant agrees that the Project will be completed within three (3) years frorn the date of approval of this Agreement by the Council, unless extended by the Director for cause as provided in KCC Section 3.25.070. 3. Requirements for Final Certificate of Tax Exemption. Applicant may, upon completion of the Project and upon issuance by City of a temporary or permanent certificate of occupancy, request a final certificate of tax exemption (hereinafter"Final Certificate"). The request shall be made in writing to the Director, and be accompanied by the following: a. A statement of expenditures made with respect to each multifamily 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 multifamily housing property tax exemption; c. The total monthly rent, or total sale amount of each multifamily housing unit rented or sold to date; Multifarnily Housing Property Tax Exemption Agreement i I I I I 1 Page 2 of 10 d. A statement that the Project was completed within the required three- (3) year period or any authorized extension, and documentation that the Project was completed in compliance with the terms of this Agreement; e. Any further information that the Director deems necessary or useful, pursuant to Chapter 84.L4 RCW or KCC Chapter 3.25, to evaluate the Project's eligibility for the Final Certificate. 4. Agreement to Issue Final Certificate of Tax Exemptis0. City agrees to file a Final Certificate with the King County Assessor within fofty (a0) days of submission by the Applicant of all rnaterials required by paragraph 3 above, if Applicant has: a. Successfully completed the Project in accordance with the terms of this Agreement and KCC Chapter 3,25; b. Filed a request for a Final Certificate with the Director and submitted the materials described in paragraph 3 above; c Paid to City a fee in the amount of one thousand dollars (91,000); and d. Met all other requirements provided in KCC Chapter 3.25 for issuance of the Final Certificate. 5. Annual Certification and Report. Within thirty (30) days after the first anniversary of the date City issued the Final Certificate and each year thereafter for a period of eight (8) years, Applicant agrees to file a notarized declaration and annual report with the Director. The report shall contain such information as required by RCW 84.14 and as the Director may deem necessary or useful, and shall at a minimum include the following: a. A statement of the occupancy and vacancy of the multifamily housing units during the twelve (12) months ending with the anniversary date; b. A certification that the multifamily housing units, Project, and Property have not changed use since the date the City issued the Final Certificate' c. A statement that the multifamily housing units, Project, and Property continue to be in compliance with this Agreement and the requirements of RCW 84.14 and KCC Chapter 3.25; Multifamily Housing Property Tax Exemption Agreement Page 3 of 10 d. A description of any improvements or changes to the Project made after the City issued the Final Certificate; e. The total monthly rent of each multifarnily housing unit rented or the total sale amount of each multifamily housing unit sold to an initial purchaser during the twelve (12) months ending with the anniversary date; f. A breakdown of the number, type, and specific multifamily housing units rented or sold during the twelve (12) months ending with the anniversary date; and g. Any additional information requested by the Director pursuant to meeting any reporting requirements under RCW 84.14. 6. No Violations for Duration of Exemption, For the duration of the property tax exemption granted under KCC Chapter 3.52, Applicant agrees thatthe Project and the Property will have no violations of applicable zoning requirements, land use regulations, building code requirements or fire code requirements, for which the applicable code enforcement officer, pursuant to KCC Chapter L.04, shall have issued a correction notice, a notice of violation, or other notification that is not resolved by a voluntary correction agreement, certificate of compliance, certificate of release, withdrawal or other method that proves either compliance or that no violatlon existed, 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 code enforcement officer. 7 l\lnlifiarFinn af Trsn-F^. ^F Tnfaracf nr fhrnaa in I lca Applicant agrees to notify the Director 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 Director and the King County Assessor in writing within sixty (60) days of any change of use of any or all of the multifamily 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 tax exemption and revoke the Final Certificate if at any time the Director determines that the multifamily housing units, the Project, or the Property no longer complies with the terms of this Multifamily Housing Property Tax Exemption Agreement Page 4of 10 Agreement or with the requirements of KCC Chapter 3.52, 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: [1] 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; [2] a penalty of twenty percent (2A%{ of the difference calculated under (1) of this subsection b; and [3] interest at the statutory rate charged on delinquent property taxes, calculated from the last date the tax could have been paid without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.L4 RCW and KCC Chapter 3.52. Applicant acknowledges that, pursuant to RCW 84.t4.110, any additional tax owed, together with interest and penalty, shall become a lien on the Property and attach at the time the Property or portion of the Property is removed from multifamily 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 the tax exemption is to be canceled, the Director shall notify the Applicant, along with any other owner of record, by ceftified mail, return receipt requested. The Applicant may appeal the determination in accordance with RCW 84.14,110 and KCC Section 3.25.110.8. 9. Amendrnents.. 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 KCC section 3.25.060.E, including but not limited to Applicant's payment of a five hundred dollars ($500) contract amendment fee. 10. Bindinq 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, and are intended to run with the land. 11. Recordi0o of Agreem.ent. Multifamily Housing Property Tax Exemption Agreement Page 5 of 10 The Director shall cause this Agreement to be recorded, at Applicant's expense, in the real property records of the King County Department of Records and Elections, along with any other documents as will identify such terms and conditions of eligibility for exemption as the Director deerns appropriate for recording. L2. Audits and Inspection of Records. Applicant understands and agrees that City has the right to audit or review appropriate records to assure compliance with this Agreement and KCC Chapter 3.52 and to perform evaluations of the effectiveness of the multifamily housing property tax exemption program. Applicant agrees to make appropriate records available for review or audit upon seven (7) days'written notice by 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 pafty may from time to time designate in writing, APPLICANT: Brett Jacobsen The Back Nine at Ethos LLC 2711 West Valley Highway N, #200 Auburn, WA 98001 Phone: 253.333.7007 Fax: 253.333.7707 CITY: City of Kent Economic and Community Development 220 Fourth Avenue South Kent, WA 98032 Phone: (253) 856-5454 Fax: (253) 856-6454 Attention: Director 74. 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 that can be given effect without the conflicting terms or clause, and to this end, the terms of the Agreement are declared to be severable. Multifamily Housing Property Tax Exemption Agreement Page 6 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below. CITY OF KENT By:By Its acobsenIts: Mayor r Date: 1211012020 APPROVED AS TO FORM: City Attorne Multifamily Housing Property Tax Exemption Agreement Date Page 7 ol 10 STATE OF WASHINGTON ) )ss couNw oF KrNG ) I certify that i know or have satisfactory evidence that Dana Ralphs is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: DTetmD,bv- l0 , 2oL0 Multifamily Housing Property Tax Exemption Agreement IN WITNESS WHEREOF, I have hereunto set my hand and official seal halAn V,rl/\^,)Lt4 L ?. ItH a '?Brrg 06.w ttt at,9. It -Notary Seal Must Appear Within This Box' the day and r first above written (Sigfiatu16) - NOTARY PUBLIC, in and for the State of Washington, residing My appointment expires Page B of 10 STATE OF WASHINGTON COUNTY OF KING I ceftify that I know or have satisfactory evidence that Brett Jacobsen is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (hislher) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Plclvil\Files\Opsn Flles\0648-EconomiccD-General 201 l\Multi-Family Housing Prcporty Tax Exemptlon Agreement Temptate-doc Multifamily Housing Property Tax Exemption Agreement ) ) ) ss IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written, N gn BLIC,in and for the -Notary Seal Must Appear Within This Box- of Washington, residing My appointment exp Page I of 10 MULTIFAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT EXHIBIT 1 LEGAL DESCRIPTION LOTS 3, 4 AND 5 OF CITY OF KENT SHORT PLAT NO. Sp-2017-1, RECORDED UNDER RECORDING NO. 20180321900004, IN KING COUNTY, WASHINGTON. Multifamily Housing Property Tax Exemption Agreement Page 10 of 10