RES 19-007RESOLUTION NO . 19-007
A RESOLUTION approving a Multi-Family Housing Limited
Property Tax Exemption Agreement with Camas PDX LLC pursuant to
Camas Municipal Code Chapter 3.86
WHEREAS , Under Chapter 3 .86 of the Camas Municipal Code the City enacted a program
whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the
Clark County Assessor that the owner is eligible to receive a limited property tax exemption; and
WHEREAS , Camas PDX LLC has submitted a complete application requesting qualification for
the limited property tax exemption ; and
WHEREAS , the City and Camas PDX LLC have negotiated the terms of a Multi-Family Housing
Tax Exemption Agreement as set forth in the attached E x hibit "A";
NOW, THEREFORE, BE rT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS AS
FOLLOWS:
SECTION I
The Multi-Family Housing Property Tax Exemption Agreement between the City of Camas and
Ca mas PDX LLC attached hereto as Exhibit "A " is hereby approved and the Mayor is hereby authorized
to sign the same on the behalf of the City of Camas .
i:J
ADOPTED at a regular Council meeting this £ day of ~ l.111.k , 2019.
A~-:--
City Attorney
SIGNE ~ ~l\...-~ZI>'\... ~ ~~
Mayor
Exhibit "A" CittdiS
CITY OF CAMAS
MULTI-FAMILY HOUSING LIMITED
PROPERTY TAX EXEMPTION AGREEMENT
WASHINGTON
THIS AGREEMENT is entered into this_day of Jrme, 2019, by and between
CAMAS POX LLC (hereinafter referred to as the "Owner"), and the CITY OF
CAMAS, a mrmicipal corporation of the State of Washington (hereinafter referred to
as the "City").
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 opportrmities, 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 Camas Municipal Code (hereinafter referred
to as "CMC") Chapter 3.86, enacted a program whereby property owners may
qualify for a Final Certificate of Tax Exemption which certifies to the Clark 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 multiple family residential housing units in the Downtown District,
a residential targeted area; and
WHEREAS, The Owner has submitted to the City a complete application form
for no fewer than thirty (30) units of new multifamily housing within a structure that
includes commercial uses on the grormd floor.
WHEREAS, The Owner has declared that twenty (20%) percent of the units (six
units) will qualify as affordable to moderate-income households, which is 80-115% of
the median family income adjusted for family size for Clark County.
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:
608 NE Birch Street, in the City of Camas, Clark County. Assessor's Parcel Numbers
79865-000; 79870-000; 79900-000; and 79910-000, commonly known as Sixth & Birch Mixed
Use, 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. The
affordable units will be substantially similar in amenities and construction to other units
within the development. The Owner will make reasonable efforts to ensure that three of
each of the unit types are available throughout the Site (e.g., one bedroom and two
bedroom) for moderate income households.
3. The project shall comply with all applicable zoning requirements, land use
requirements, design review requirements and all building, fire, and housing code
requirements contained in the Camas Municipal Code (herein referred to as the
"CMC") at the time a complete application for a building permit is received.
4. The new multiple-unit housing shall provide for a minimum of fifty (50)
percent of the space for permanent residential occupancy.
MUL TIF AMIL Y HOUSING LIMITED PROPERTY TAX
EXEMPTION CONDITIONAL AGREEMENT -2
5. The Owner shall 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.
6. The Owner is requesting a twelve year limited property tax 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 or moderate-
income households as defined by CMC Section 3.86.020. The Owner shall, 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;
c) A statement that the work was completed within the required
three (3) year period or any authorized extension; and
d) A statement that the project meets the affordable housing
requirements as described in RCW 84.14.020.
7. 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 6 above, to file a twelve year Final
Certificate of Tax Exemption with the Clark County Assessor.
8. The Owner, as a continuing condition of receipt of the limited tax exemption
set forth herein, 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 twelve years to
file a notarized declaration with the City's Department of Community Development
indicating the following:
MULTIFAMILY HOUSING LIMITED PROPERTY TAX
EXEMPTION CONDITIONAL AGREEMENT -3
a) A statement identifying the total number of occupied and vacant
multifamily units receiving a property tax exemption;
b) A certification that the property continues to be in compliance with the
contract with the city including any provisions related to affordable
housing;
c) A description of any improvements or changes to the property
constructed after the issuance of the certificate of tax exemption;
d) The total monthly rent or total sale amount for each unit;
e) For exemptions granted under the affordable housing provisions of
this chapter, 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; and
f) For exemptions granted under the affordable housing provisions of
this chapter, documentation showing that twenty percent of the units
were rented or sold as affordable housing to low or moderate income
households.
9. The Owner shall maintain records to support the declarations made in
Paragraph 8 above. The records and the multifamily units are subject to inspection by
the City. Failure to submit the annual declaration, maintain adequate records, or deny
access to the City for inspection of the units may result in tax exemption being canceled.
10. The parties acknowledge that a minimum of 30 units are to be used and
occupied for residential use. The parties further acknowledge that the certificate of
occupancy issued by the City is for multifamily residential units.
11. If the Owner intends to convert to another use any of the multi-family
residential housing units constructed under this Agreement, the Owner shall notify the
City's Department of Community Development in writing within 30 days prior to such
change in use. The Owner shall notify Clark County upon conversion to a non-
residential use.
MUL TIP AMIL Y HOUSING LIMITED PROPERTY TAX
EXEMPTION CONDITIONAL AGREEMENT -4
12. The Owner agrees to notify the City within 15 days prior to any transfer of
Owner's ownership interest in the Site or in the improvements made to the Site under
this Agreement. The new owner shall sign and provide to the City an acknowledgment
of continuing compliance with the terms of this Agreement.
13. For purposes of this agreement, "Owner" shall mean the Owners
Association of a condominium complex in the event that such association is
established which shall be responsible for all reporting requirements required herein
on behalf of the owners of individual condominium units.
14. Subject to the provisions of CMC 3.86.040L, the City, in its sole discretion,
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.
15. 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.
16. Nothing in this Agreement shall permit or be interpreted to permit either
party to violate any provision of Chapter 84.14 RCW or CMC Chapter 3.86.
17. No modifications of this Agreement shall be made unless mutually agreed
upon by the parties in writing.
18. 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
Clark 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 Clark County at any time during the exemption period.
MUL TIF AMIL Y HOUSING LIMlTED PROPERTY TAX
EXEMPTION CONDITIONAL AGREEMENT -5
19. 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 CAMAS
Shannon Turk, Mayor
Phil Bourquin, Director
Dept. of Community Development
Approved as to Form:
Shawn MacPherson, City Attorney
MUL TIF AMIL Y HOUSING LIMITED PROPERTY TAX
EXEMPTION CONDITIONAL AGREEMENT -6
Property Owners:
By:
19. 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 CAMAS
Ph:ii Bumquhc, Director
Dept. of Community Development
Approved as to Form:
Shawn MacPherson, City Attorney
MUL TIF AMIL Y HOUSING LIMITED PROPERTY TAX
EXEMPTION CONDITIONAL AGREEMENT -6
Property Owners:
By: