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01/20/2023 - PacketPort Orchard Council Finance Committee January 20, 2023 9:0o am Zoom Link https:Hus02web.zoom. us/j/86724216499 US: +12532158782„86724216499# or +12532050468„86724216499# 1) City Council Compensation HR Director, Debbie Lund 2) Dept Community Dev. DCD Director, Nick Bond a. Approval of a Multi -family Tax Exemption Agreement for Blueberry Apt b. Approval of a Multi -family Tax Exemption Agreement for Salmonberry Apt c. Approval of a Multi -family Tax Exemption Agreement for Sedgwick Rd Apt Ph d. Approval of a Fee -in -lieu of Construction Agreement for Hidden Hills Apt e. Impact Fee Credit 3) Finance Department Finance Director, Noah Crocker a. Sales Tax & REET Revenue Report b. Preliminary Treasurers Report — Funds, accounts c. AP Check Register Discussion d. Low Income Discounted Utilities Program e. City Hall Finance Plan f. Downtown Parking Other Items to come before the Committee Schedule Next Meeting Date Role of the Finance Committee The finance committee provides oversight of city budgeting, financial planning, and financial reporting. The committee recommends long-range financial goals along with funding strategies for the operating and capital budgets. Human resource issues requiring policy direction are brought before the committee. The committee serves as the advisory forum for transportation and street maintenance funding, and funding relating to the transportation benefit district. CITY OF PORT ORCHARD Human Resources 216 Prospect Street, Port Orchard, WA 98366 Voice: (360) 876-7014 • Fax: (36o) 895-9029 humanresources@portorchardwa.gov www.portorchardwa. gov MEMORANDUM To: Finance Committee Members From: Debbie Lund, Human Resources Director Date: January 6, 2023 RE: Councilmember Pay Research At the request of the City Council late last year, I have conducted salary research on councilmember pay. This memo is the result of that research and is intended to show a variety of data points for your consideration. Using the same methodology as used in the 2020 Salary Study by an independent consultant, the average pay from surrounding jurisdictions would be considered for comparison purposes: Jurisdiction 2023 Monthly Salairy Bainbridge Island 3,000.00 Bremerton 1,422.62 Gig Harbor 775.00 Poulsbo 1,000.00 Kitsap County n/a Average $1,549.41 Port Orchard 1,000.00 Based on comments/requests from some councilmembers, the following is also provided for your information. Option is Exclude Bainbridge Island, the highest monthly salary: Jurisdiction 2023 Monthly Salary Bainbfidge island 0 Bremerton 1,422.62 Gig Harbor 775.00 Poulsbo 1,000.00 Kitsap Count n/a Average excl. Bainbridge $1,065.87 Port Orchard 1,000.00 Page 2 Option 2: Exclude both high and low from the data points, in this case, Bainbridge Island and Gig Harbor respectively. This results in just two data points for comparison. Jurisdiction 2023 Monthly Salary Bainkidge island 0 Bremerton 1,422.62 Gig Har-bef e0 Poulsbo 1,000.00 Kitsap County n/a Average excl. Bainbridge and GigHarbor, $1,211.31 Port Orchard 1 1,000.00 Due to the small sample, I expanded my review of Cities with populations nearest to Port Orchard. For this review, I excluded cities in King County as well as cities in Eastern Washington. The information below shows those six cities with populations nearest Port Orchard. 3 smaller and 3 larger. Jurisdiction Population* Population compared to PO County 2023 Monthly Salary Ridgefield 13,640 (2,760) Clark 650.00 Ferndale 15,970 (430) Whatcom 715.00 L nden 16,150 (250) Whatcom 737.92 Aberdeen 17,040 640 Gras Harbor 465.00 Washougal 17,390 990 Clark 587.00+ Anacortes 17,880 1,48o Skagit 1,200.00 Average 725.82 Port Orchard 16,400 1,000.00 * Per MRSC 2022 Washington City and Town Profiles + Unable to obtain 2023 salary. Using AWC salary survey 2022. The following represents other data points that could be considered. It should be noted that with such a small sample size, I cannot recommend a particular data point for use. Jurisdiction Population* Pay per capita Meetings per month* Pay Per meeting Bainbridge Island 25,060 0.1197 4 750.00 Bremerton 45,220 0.0315 Weekly 328.30 Gig Harbor 12,540 0.0618 2 387.50 Poulsbo 12,180 0.0821 3 333.33 Average o.0738 449.78 Avg excl. Bainbridge 0.0585 349.71 Avg excl. BI and GH o.0568 330.82 Port Orchard 16,400 o.o610 3 333.33 * Per MRSC 2022 Washington City and Town Profiles Page 3 The City Council also referenced salary commissions. Of our core comparable cities, here is what I found. Jurisdiction Salary Commission Bainbridge Island Yes Bremerton Yes Gig Harbor Yes Poulsbo No Port Orchard No Other topics that may be of interest: PERS Membership Criteria In order to be eligible for membership in PERS, an elected official must earn at least go times the state minimum wage each month. The 2023 state minimum wage is $15.74• go x $15.74 = $1,416.60. The Washington minimum wage is adjusted annually based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W). Increasing/Deceasing Councilmember Salaries Article 11, section 8 of the Washington state constitution prohibits the increase or decrease of an elected official's salary after his or her election or during his or her term of office. This prohibition, however, applies only to officials who set their own salary, as is the case with the City of Port Orchard councilmembers. Consequently, any increase or decrease in the salaries of those elected officials who set their own compensation may not take effect until their next term of office. According to MRSC this means the City Council must complete action related to councilmember pay prior to the next November general election in which council positions are elected. Option for a Salary Commission. The City Attorney was asked to provide information on a salary commission. Cost of Living Increase (COLA) Port Orchard City Councilmember salaries have not changed since 2013, when they were increased from $771.24 to $1,00o per month. MRSC (Municipal Research and Services Center) provides examples of municipal codes providing for an automatic annual salary increases for elected officials. The information on the next page is provided for illustrative purposes. Page 4 Year COLA Calculated Pay Effective Date 2014 2.0% 1,020.00 10 1 2014 2015 1.6% 1,036.32 10 4 2015 2016 o.6% 1,042.54 4 17 2o16 2017 2.0% 1,063.39 1 1 2017 2018 2.5% 1,089•97 1 1 2018 2019 2.25% 1,114.50 1/1/2019 2019 1.05% 1,126.20 3 17 2019 2020 2.3% 1,140.13 1 1 2020 2021 2.0% 1,162.93 1 1 2021 2022 4.0% 1,209.45 1 1 2022 2023 4.0% 1,257.83 1 1 2023 Please note that COLAs at the City of Port Orchard are generally tied to the Seattle - Tacoma -Bellevue CPI-U, which can differ from the federal CPI-W that is used for purposes of escalating the Washington state minimum wage. CPI related approaches Legal counsel would need to advise as to whether the council could elect to increase future councilmember pay using an annual or term -based COLA adjustment. If the council was interested in such an approach, one possible solution might be to tie any COLA increases to a fixed number or the COLA used for Washington's minimum wage, therefore avoiding a COLA amount over which the council has control. For example, the City of Lynden applies a fixed percentage of increase each year (3% per year from 2019 to 2025 under their current Ordinance). The City of Aberdeen tracks a specific CPI and applies the cumulative total at the beginning of a councilmember's elected term. In other words, CPI is tracked but not applied until a new term is started. INSLEE ®BEST MEMORANDUM TO: City of Port Orchard City Council Finance Committee FROM: Charlotte Archer, City Attorney DATE: For January 2023 Finance Committee RE: Procedures for Modifying Council Compensation QUESTION AND SHORT ANSWER The Port Orchard City Council has requested a legal analysis regarding the mechanisms that may be used to adjust compensation for elected officials, including but not limited to the establishment of an independent salary. Port Orchard, as an optional code city, has the lawful authority to set salaries for city council members one of two ways: 1. Adjustment of salary through the passage of an ordinance, provided said legislation may not take immediate effect; or 2. Establishment of an independent salary commission. While city council members are constitutionally barred from raising their own salaries for a current term, a decision of a salary commissions could take effect immediately. Either method may provide for annual increases to counter inflation. AUTHORITY AND ANALYSIS The Washington State Constitution provides sideboards for the methodology used to set compensation, either through independent ordinances or a salary commission. Article XI, Sec. 8 provides that the salary of any county, city, town, or municipal officers shall NOT be increased or diminished after his/her/their election, nor during the term of office. In essence, this provision means that no sitting city legislative body may pass an ordinance or provision which would either increase or decrease the compensation of its own members, because the change would not take place until the following subsequent legislative term. The portion regarding elections also makes it so that a sitting municipal legislative body cannot pass a lame -duck ordinance affecting the salaries of incoming, elected officials. Article XI, Sec. 8's language effectively requires a city council or similar body to pass an ordinance affecting their own compensation before an election if they wish for it to take effect the following term, at the earliest. However, Article XXX, Sec. 1 of the Washington State Constitution impacts the ability of local officials to adjust salaries. Here, the section provides that "[t]he compensation of all elective and Ilnslee Best Doezle & Ryder P.S. Main: 425.455.1234 Fax: 425.635.7720 insleebest.com Page 2 of 2 appointive state, county, and municipal officers who do not fix their own compensation ... may be increased during their terms of office to the end that such officers and judges shall each severally receive compensation for their services in accordance with the law in effect at the time the services are being rendered" (emphasis added). In short, this addition to the state constitution allows the salaries of local officials to be raised so long as that determination comes from a separate source. Examples would be the city council approving a raise for a city clerk, or an independent salary commission approving additional compensation for city council members themselves (so long as the council had no influence on the raise). As a mayor -council city, Port Orchard's city council has the power to pass an ordinance amending the salaries of its mayor and city commission under RCW 35A.12.070. Any adjustment to the city council's salary via this method would not take effect until the following subsequent legislative term, regardless of whether it is an increase or decrease. Alternatively, under RCW 35.21.015 the City may establish an independent salary commission via an ordinance. The members of the commission: • Are selected by the mayor, with the confirmation of the city council; • Serve for appointments not longer than two terms; • May be removed during their terms of office for incapacity, incompetence, neglect of duty, malfeasance, or a disqualifying change of residence; and • May not be an officer, official, or employee of the city or town, or any of their immediate family members. Commission members may file any change in salary with the city clerk after membership is decided, and the change shall be incorporated into the city budget without further action, provided a salary decrease shall only take effect as to incumbent city elected officials at the beginning of their next subsequent term of office. Finally, the City may also institute an automatic annual pay increase for councilmembers to combat inflation or economic factors. Generally, there is nothing that prohibits such a provision so long as it complies with the statutory and constitutional requirements above. If passed by an action of the city council themselves, it could take effect as early as the following subsequent terms of the members, and a salary commission could institute it immediately (potentially subject to a referendum by the people). An example of this approach is the City of Bellingham: "A. Effective January 1, 2013, the annual salary for members of the city council shall be calculated as follows: 1. January 1, 2013, $1,893 per month; 2. The annual salary for council members shall increase annually by three percent, beginning January 1, 2014." City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No.: Business Item ** Meeting Date: January 24, 2023 Subject: Resolution to Approve a Multifamily Property Tax Exemption Agreement for the Blueberry Apartments Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Atty Review Date: 12/27/2022 Issue: Since 2016, Port Orchard has offered a property tax exemption program to encourage the creation of multi -family housing pursuant to RCW 84.14. The Multifamily Property Tax Exemption program exempts certain new, converted or rehabilitated multifamily developments from ad valorem property taxation (i.e. improvements to vacant land, or to existing buildings) for either 8 or 12 years from issuance of the certification of exemption, depending on whether a project will include at least 20% of housing units to be available below market rents. The City has received a multifamily property tax exemption application from Blueberry Apartments QOZB, LLC., for construction of 108 new apartment units in five buildings on approximately 4.21 acres, located in a designated tax exemption target area adjacent near SE Blueberry Rd and Bethel Rd SE. The Developer is seeking an eight -year tax exemption. The project meets the criteria for an 8-year tax exemption and as such, a multifamily housing limited property tax exemption agreement has been prepared for approval. Recommendation: Staff recommends that the City Council approve a resolution authorizing the Mayor to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Blueberry Apartments QOZB, LLC, as presented. Motion for consideration: "I move to approve a resolution authorizing the Mayor to execute a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Blueberry Apartments QOZB, LLC, as presented." Fiscal Impact: The tax exemption will reduce property tax revenue to the city for a period of eight years for the proposed project. The construction of this apartment project will generate other revenue that may not otherwise be generated in the absence of this incentive. Alternatives: Revise the Blueberry Apartments Multifamily Housing Limited Property Tax Exemption Agreement; do not enter into a Multifamily Property Tax Exemption agreement for the project. Attachments: Resolution; Agreement; Exhibit A - site plans and floor plans for multi -family residential housing RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE THE ACCEPTANCE OF A MULTIFAMILY PROPERTY TAX EXEMPTION AGREEMENT BETWEEN BLUEBERRY APARTMENTS QOZB, LLC AND THE CITY RELATING TO THE TERMS AND CONDITIONS OF THE SUBJECT MULTIFAMILY HOUSING PROJECT AND ITS ELIGIBILITY FOR THE 8-YEAR PROPERTY TAX EXEMPTION AS PROVIDED BY CHAPTER 3.48 OF THE PORT ORCHARD MUNICIPAL CODE. WHEREAS, the Port Orchard Municipal Code (POMC), Chapter 3.48, provides a multifamily property tax exemption pursuant to the requirements of that chapter; and WHEREAS, POMC 3.48.060 provides that, to be eligible for the multifamily property tax exemption, the subject project must meet the following requirements: (1) the project must be located within a residential targeted area as defined in POMC 3.48.040; (2) the project must not displace existing tenants; (3) existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes; (4) the new, converted, or rehabilitated multiple -unit housing must provide for a minimum of 50 percent of the space for permanent residential occupancy and must include at least 10 units of multifamily housing; (5) new construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application; and (6) the project must be designed to comply with the city's comprehensive plan, building, housing, and zoning codes, and any other applicable regulations, standards or guidelines; and WHEREAS, POMC 3.48.080 requires that, if the Director of the Department of Community Development approves an application for the multifamily property tax exemption, the applicant must enter into an agreement with the City regarding the terms and conditions of the implementation of the project; and WHEREAS, the multifamily property tax exemption agreement must be approved by the Port Orchard City Council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the City received an application for multifamily property tax exemption from Blueberry Apartments QOZB, LLC, pertaining to a project titled Blueberry Apartments (the "subject project") under the "Type 2: Redevelopment Areas' residential targeted area; and WHEREAS, the Director of the Department of Community Development has determined that the subject project meets the eligibility requirements set forth in POMC 3.48.060; has approved 1752135.2 - 366922 -0021 Resolution No. o**-16 Page 2 of 12 the application for the 8-year Type 2 tax exemption; and recommends approval of the attached Multifamily Housing Limited Property Tax Exemption Agreement as accurately setting forth the terms and conditions of the subject project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the Port Orchard City Council has determined to approve the attached Multifamily Housing Limited Property Tax Exemption Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Recitals. The recitals set forth above are hereby incorporated by reference as if set forth in full herein. THAT: Authorization for Signature. The City of Port Orchard hereby authorizes the Mayorto accept and sign the Multifamily Housing Limited Property Tax Exemption Agreement in substantially the form as is attached to this Resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this _ day of January 2023. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, CIVIC, City Clerk 1752135.2 - 366922 -0021 CITY OF PORT ORCHARD MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this _ day of , 20 , by and between Blueberry Apartments QOZB, LLC, a Washington limited liability company (hereinafter referred to as the "Owner"), and the City of Port Orchard, 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 3.48 Port Orchard Municipal code (POMC), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the Kitsap 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 multifamily 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 ten (10) units of new multifamily housing within a residential structure or as part of an urban development; and WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for multi -family residential housing more particularly described in Exhibit A which is attached hereto and incorporated by reference herein (the "Project") to be constructed on said property (the "Site") legally described as: PARCEL 1: LOT B, SHORT SUBDIVISION NO. 2586, RECORDED UNDER AUDITOR'S FILE NO. 8103110065, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER AUDITOR'S FILE NO. 200904300075 PARCEL 2: LOT A, SHORT SUBDIVISION NO. 2586, RECORDED UNDER AUDITOR'S FILE NO. 8103110065, BEING A PORTION OF THE NORTHEAST QUARTER OF THE Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 1 1752135.2 - 366922 -0021 SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER AUDITOR'S FILE NO. 200904300075 PARCEL 3: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 990 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 2, THENCE SOUTH 330 FEET; THENCE WEST 660 FEET; THENCE NORTH 330 FEET; THENCE EAST 660 FEET TO THE POINT OF BEGINNING; EXCEPT RAMSEY ROAD SE; AND EXCEPT THAT PORTION LYING WITHIN SHORT SUBDIVISION NO. 2586, RECORDED UNDER AUDITOR'S FILE NO. 8103110065; AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER AUDITOR'S FILE NO. 200904300075; AND EXCEPT THE EAST 30 FEET FOR BETHEL ROAD. Kitsap County Tax Assessor Parcel No(s). 022301-4-026-2008, 022301-4-012-2004 and 022301-4-043-2007 located at 4336 Bethel Road SE in the City of Port Orchard WHEREAS, the City has determined that the improvements will, if completed as proposed, satisfy the requirements of 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 generally as described in the site plans, floor plans, and elevations on file (22-671, 22-672, 22-673, 22-674 and 22-675) with the City as of the date of administrative approval of this Agreement. Provided however, that the building permits (22-671, 22-672, 22-673, 22-674 and 22-675) as approved by the City will establish the final configuration of the development which may differ from the site plan and other earlier submittals. 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 Port Orchard municipal Code (herein referred to as the "POMC") at the time a fully complete application for a building permit is submitted to the City. 4. The new multiple -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The Project must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 2 1752135.2 - 366922 -0021 5. 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. 6. The Owner is requesting an eight -year limited property tax exemption. 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 request to the entire site; 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. 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 the preceding paragraph, to file an eight or twelve year (as applicable) Final Certificate of Tax Exemption with the Kitsap County Assessor. 8. The Owner agrees, within thirty (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 years to file a notarized and sworn declaration with the City's Department of Community Development stating all of 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 has not changed use and continues to be in compliance with this Agreement and with Chapter 3.48 POMC; and C. A description of changes or improvements constructed after issuance of the certificate of tax exemption; d. The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; e. A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 3 1752135.2 - 366922 -0021 The value of the tax exemption for the project; g. Any information needed by the City to file its annual report pursuant to Port Orchard Municipal Code (POMC) 3.48.120 and any additional information requested by the City in regards to the units receiving a tax exemption.; and Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. 9. The Parties acknowledge that the units are to be used an occupied for multifamily residential use. The Parties further acknowledge that the certificate of occupancy issued by the City is for multi -family 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. 10. 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 Kitsap County Assessor and the City's Department of Community Development within sixty (60) days of such change in use. 11. 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. 12. For purposes of this Agreement, "Owner" shall mean the Property Owner if the development is comprised of rental units or shall mean the Owners Association of a condominium complex (if the development contains any ownership units) once such association is established. The Owner shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units, if applicable. 13. If the Project includes any owner -occupied units, the Owner is required to form an Owner's Association to be organized under RCW 64.34.300 for all owner -occupied units within the development. Such organization shall remain operational and in effect until at least the length of the exemption period has expired and the final report is filed with the City. This Owner's Association shall assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the City pursuant to Section 8 of this Agreement and Chapter 3.48 POMC. 14. 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. If the exemption is cancelled for non-compliance, Owner acknowledges that state law requires that an additional real property tax is imposed in the amount of (A) the difference between the tax paid and the tax that would have been paid if it had included the value of the non -qualifying Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 4 1752135.2 - 366922 -0021 improvements, dated back to the date that the improvements became non -qualifying; (B) a penalty of 20% of the difference calculated under paragraph (A) of this paragraph; 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 POMC Chapter 3.48 POMC. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, becomes a lien on that portion of the Property on which the Project is constructed and attaches at the time the portion of the Property is removed from multifamily use or the amenities no longer meet applicable requirements, 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. 15. Nothing in this Agreement shall permit or be interpreted to permit either Party to violate any provision of Chapter 84.14 RCW or POMC Chapter 3.48. 16. Modification. No modifications of this Agreement shall be made unless mutually agreed upon by the Parties in writing. 17. Acknowledgement of Tax Liability. 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 Kitsap 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 Kitsap County at any time during the exemption period. 18. City's Right to Audit. The Owner acknowledges and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and POMC Chapter 3.48 and to perform evaluations of the effectiveness of the Multifamily Tax Exemption program. The Owner agrees to make appropriate records available for review or audit upon seven days' written notice by the City. 19. Notice. 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, on the day of delivery when sent via overnight delivery with a common carrier, 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. Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 5 1752135.2 - 366922 -0021 CITY: Department of Community Development City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Director OWNER: Blueberry Apartments QOZB, LLC Attn: Steve Novotny 7809 Pacific Ave Tacoma, WA 98408 20. 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 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. 21. Recording. This Agreement shall be recorded at the Owner's expense and shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the Owner. 22. Applicable Law, Resolution of Disputes, and Attorneys' Fees. Jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PORT ORCHARD PROPERTY OWNERS Robert Putaansuu, Mayor By: Its: Nick Bond, Director By: Dept. of Community Development Its: Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 6 1752135.2 - 366922 -0021 Noah Crocker Finance Director Attest: Brandy Wallace, CIVIC, City Clerk Approved as to Form: Charlotte A. Archer, City Attorney Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 7 1752135.2 - 366922 -0021 NOTARY BLOCK BLUEBERRY APARTMENTS QOZB, LLC STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of Blueberry Apartments QOZB, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 8 1752135.2 - 366922 -0021 NOTARY BLOCK FOR CITY OF PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Multifamily Housing Limited Property Tax Exemption Agreement Blueberry Apartments QOZB, LLC Page 9 1752135.2 - 366922 -0021 11'-9 1/4" W U) Lu I I ,. w _ w w _ - - - - _ - - - - 22'_ - c i'. 14ac26OMPACrTO_ 59 LF OF PERIMETER WALLgiE-STALLS ---` `- .... � o .LL_-_-_LL_-.-_ y o . y�y._.y._._.y._.y. �93.S��s Tt�.LL_-_-_-_-W-`-W-"�'-W-`-'-�'-"=`-W-"-'-"=`-W-"-'-W=`-W="�. 60 LF OF PERIMETER �wu _ FIRE SEPARATION 20-FT 6 fLL___LL_.___LL_.____. _ - - - - : = - - FIRE SEPARATION . .. ..I N � LLyLLyLLy y+LLLLyLLyLLyWy. '}'_`_�_` I 4 5.7. f3 KE.SIA�l1 . -`-`-' L4 11`-4"IREF- BLD'G #5 FRONTAGE CALCULATION -.-.LL N _ USE - ROOF AREA �' 311-LF OF PERIMETER WALL �STORAG� 5 (TYPE VB W/ NFPA 13R SPRINKLERS) =-597 -=-=-i r[ 6,533 sq ft 'LL -,FIRE SEPARATION 30 FT ft -- - l' Fe AS AA 1I L - - �J 6'-8" 62 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 BLD'G #3 FRONTAGE CALCULATION (TYPE VB W/ NFPA 13R SPRINKLERS) L° EQUATION #54: MINIMUM FRONTAGE DISTANCE (59x20+311 x30)/370=28 0 EQUATION #5-5: AMOUNT OF INCREASE BLD'G #3 (370 / 370 - 0.25) x 28 / 30 = 0.7 TYPE 3` 3-STORY EQUATION #5 2: SINGLE -OCCUPANCY, MULTISTORY -�1: 24-UNIT --- [7,000 + (7,000 x 0.7)] x 3 �' 1 BEDRMS el -` [7,000 + 4,900] x 3 = 35,700-SF c 2g NO STORY SHALL EXCEED _On _ r 7 + 7 x .7 x1=11 - ° 000 000 0 900 SF - - - -_-< c o - I -0 6� �� Lo `moo_`-' r r TOTAL BUILDING PERIMETER = 370-LF „I rl „ .. U) .. � x -1 w a_ ic? �IT...C7 CCCCC��86 85 84 83 82 0 FIRE SEPARATION LINE o q 0 ch o in N 0 00 o �I 89 90 91 0 92 93 9 I o I BLD'G #4 FRONTAGE CALCULATION (TYPE VB W/ NFPA 13R SPRINKLERS) EQUATION #54: MINIMUM FRONTAGE DISTANCE (489 x 30) / 489 = 30 EQUATION #5-5: AMOUNT OF INCREASE (489 / 489 - 0.25) x 30 / 30 = 0.75 109'-6" 102'-0 EQUATION #54: MINIMUM FRONTAGE DISTANCE ------ 8'-2 1/4" (429 x 30 + 60 x 21) / 489 = 29 ROOF AREA: _ `� I - LLI L- to 10,368 sq ft EQUATION #5-5: AMOUNT OF INCREASE 0 (489 / 489 - 0.25) x 29 / 30 = 0.73 to o ° I O .+ 162 161 160 159 158 157 �156-1-55 1sa 1s3 152 _ EQUATION #5-2: SINGLE -OCCUPANCY, MULTISTORY CARPORT #7 v� LL [7,000 + (7,000 x 0.73)] x 3 ;T a I (11 STALLS) I W°: [7,000 + 5,110] x 3 = 36,330-SF �� 2 - � b H L- N ..� NO STORY SHALL EXCEED - - �.-� ' �`- -I [7,000 + (7,000 x 0.73)] x 1 = 12,110-SF O,i a- INFRASTRUCTURE FOR (6) FUTURE, LL M BLD'G #5 ° -LL C CHARGING STATIONS - - -1 I ELECTRIC ±� 0 429-LF OF PERIMETER WALL (TYPE 5) (� 136'-7 1/4" 20' 0" 22'-0" 20'-0" YARD SP, 3-STORY-------------- -' - 1,809 sc FIRE SEPARATION > 30-FT ° 24-UNIT �I ww � � 2 BEDRMS ` :YARD SPACE - ` 5,297sgft M I -1 -",.'.',."-'..'."-- _ -`-`-'-`-'-`-`-' ` '-' `_:-`---`- ° i° sgfty.- N TOTAL BUILDING �E�XTERK )R-----��_-�- } L AAA±LB XES-`-LL-'-?��4sp �DDDDD I a :} PERIMETER =489-LF �'.r4 - 6owk I N 6'-01, I op . . l.'-0" 0 20'-0" ° �$ RISER ' o ROOM BLD'G #2 FRONTAGE CALCULATION D'G #1 FRONTAGE CALCULATION (TYPE VB W/ NFPA 13R SPRINKLERS) '_YPE VB W/ NFPA 13R SPRINKLERS) �. EQUATION #5-4: MINIMUM FRONTAGE DISTANCE EQUATION #54: MINIMUM FRONTAGE DISTANCE N N `' D (355x30)/414=24 (225x30)/284=24 N��LLZ`. 121 12� �� EQUATION #5-5: AMOUNT OF INCREASE EQUATION #5-5: AMOUNT OF INCREASE (355 / 414 - 0.25) x 24 / 30 = 0.49 (225 / 284 - 0.25) x 24 / 30 = 0.43 ° �' FOOTPRINT AREA: ° y _ W N 8,952 sq ft I EQUATION #5-2: SINGLE -OCCUPANCY, MULTISTORY EQUATION #5-2: SINGLE -OCCUPANCY, MULTISTORY EQUATION #5-2: SINGLE -OCCUPANCY, MULTISTORY [7,000 + (7,000 x 0.49)] x 3 [7,000 + (7,000 x 0.43)] x 3Lu f '` [7,000 + (7,000 x 0.75)] x 3 [7,000 + 3,430] x 3 = 31,290-SF [7,000 + 3,010] x 3 = 30,030-SF [7,000 + 5,250] x 3 = 36,750-SF (6)-L.T 13110E-STALLS-`�'-`�'-`---:�. Q NO STORY SHALL EXCEED 7 7 7 1-122 SF ° ° -- - -- - - L°T BIKE ST [ ,000 + ( ,000 x 0. 5)] x - 50- (6) - - 4sgLL``''`'LL'W'- -5�,�s .ft. W� 489-LF OF PERIMETER WALL L- - FIRE SEPARATION > 30-FT `-'--1 RISER ° ° - ��----L JV J I Lr UP TO THE ROOM -�- WEST_I _ BLD'G #4LLW TOTAL BUILDING (TYPE 4) -�-. PERIMETER = 489-LF 3-STORY FOOTPRINT --- --=--� RV, 24-UNIT 8,988 sq ft 2 BEDRMS -�-- ° _ L 198sq H 7A 96 s[ft' N + �I- ° ° ° a a ° a a ° ......... FIRE SEPARATION LINE FRONTAGE CALCULATIONS 1" = 30' NO STORY SHALL EXCEED NO STORY SHALL EXCEED = w a LL 8D4�q U [7,000 + (7,000 x 0.49)] x 1 = 10,430-SF [7,000 + (7,000 x 0.43)] x 1 = 10,010-SF w° - ° - - - - - - - - - - - - - - - - - - ° - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - _�_ .. .. .. .. ° a . a ° C� I I- -YARD SPACE - - 4,741 sq f' - LL 355-LF OF PERIMETER WALL WW � I I 30" STEP UPTOTHE FIRE SEPARATION > 30-FT TOTAL BUILDING225-LF OF PERIMETER WALL co-[ r r ° WEST W PERIMETER = 284-LF W r FIRE SEPARATION > 30-FT 4,.-.-.-.-._ ° BLD'G #2 -.-. . (TYPE 2) �OOFAREA mo w`' BLD'G #1 - - = - - - - - = - - -747'q Q - .a.y..y.y.a.y..y.y.a.y. . )'-5" I 30'-5"- 3-STORY 7 QOQ - f+ :uaiNLL ROOF AREA (TYPE 1) TOTAL BUILDING _I------------- y% 24-UNIT p ------------=---=-=---=---=-==-==-----=--- 4 453 s ft 3 STORY =1 FOOTPRINTsq + (12) 2 BEDRMS PERIMETER = 414-LF -Q 12-UNIT i r :W - -- -- : `-- ` :1 6,638 sq ft FOOTPRINT - -�- - (12) 1 BEDRMS �} 3,788 sq ft 2 BED - I -� 81/2, a _ `�-_- 01s f 3s q - S s' q o -�8.1� Et�.LL. 3 g 4C-. - g C 2,14 -sq 0IBkf1 - 0 I .Q. - a V- FIRE SEPARATION LINE y sLLt q a ° . EXIT DIAGRAM - 3 TYPICAL BLUEBERRY RD co CD CD N J Q C�_ G m D U) w w U z w CD Q SYNTHESIS 9 LLC T. 523 N. D SI TACOMA, WA98403 REUSE OF DOCUMENTS THIS DOCUMENT AND THE IDEAS AND DESIGNS INCORPORATED HERIN, AS INSTRUMENTS OF PROFESSIONAL SERVICE, ARE THE PROPERTY OF SYNTHESIS 9, LLC AND ARE NOTTO BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUTTHE WRITTEN AUTHORIZATION OF SYNTHESIS 9, LLC. LLI U N O LY F- zz L _ x w a 0 Of Lu Q J LL ¢o it F CV i41 cf) 0 Q Z = L.L] C-) p N�N � Q O Q 0 Z NLLJ J LU m m 00 LI W J � m J 06 ao 0 w J LLI W m REVISIONS REVISIONS DRAWN BY: BL / CM CHECKED BY: BL DATE: 22.07.08 TITLE: CODE DIAGRAMS PROJECT#: 2020 SHEET: AG1.2 0 LEVEL 1 WALL AREA: 1,773 sq ft GLAZING: (2x8) + (8x14) + (4x17) + (6x28) = 364 -- PERCENT TRANSPARENT: 364 / 1773 = 21 % LEVEL 2 WALL AREA: 1,773 sq ft GLAZING: (4x34) + (8x28) = 360 sq ft -- — PERCENT TRANSPARENT: 360 / 1773 = 20% LEVEL 3 WALL AREA: 1,583 sq ft GLAZING: (2x8) + (4x34) + (6x28) = 320 sq ft PERCENT TRANSPARENT: 320 / 1583 = 20% 6 R� 5 L3(� • 2g 3� s4 ft 28 q 2g sQ 34 s4 {t 1 4 L2, • rn rn S 8 5 TF9 M 3L$ - BUILDING REFERENCE NOTES 01 `WINDOW OR DOOR ASSEMBLY; PROVIDE FIRE -RATED ASSEMBLIES WHERE REQUIRED. 02 NOT USED 03 EXTERIOR CLADDING; NOTE ALL EXTERIOR WALL ASSEMBLIES INCORPORATE A'RAINSCREEN' SYSTEM 0 AHARDIE-PLANK WITH 7" EXPOSURE 03-B, HARDIE-PANEL WITH PRIMED -TO -BE -PAINTED ALUMINUM REVEALS (OR APPROVED SUBSTITUTE) COLOR 1 HARDIE-PANEL WITH PRIMED -TO -BE -PAINTED 03-C, ALUMINUM REVEALS (OR APPROVED SUBSTITUTE) COLOR 2 WINDOW TREATMENT - WINDOWS SET IN CEMENT 04 FIBERBOARD CLADDING SHALL HAVE 4" WIDE (MINIMUM) CEMENT BOARD WINDOW AND DOOR TRIM PER T.M.C. C05 42" TALL, PRE -FINISHED ALUMINUM GUARDRAILS W/ FACE -MOUNT CONNECTION TO STRUCTURE CO6 LONG-TERM BICYCLE PARKING STALL; WITH WALL MOUNT BRACKET; SEE PRODUCT INFORMATION DETAILS 6" C.I.P. CONCRETE SLAB; SET ON 6 MIL PLASTIC VAPOR CO BARRIER AND 4" (MIN.) AGGREGATE BASE COARSE; SEE STRUCTURAL FOR RELATED INFORMATION 08 SINGLE -PLY ROOFING MEMBRANE 09 PRIMED, TO BE PAINTED, GUTTER / DOWNSPOUT 10 PEDESTRIAN DECK -COATING SYSTEM 11-A> NOT USED 11-B NOT USED 12 BAFFLED RIDGE VENT OR BAFFLED SIDEWALL VENT M POMC MINIMUM FACING STREET PER STORY = 20% IBC SEPARATION DISTANCE GREATER THAN 30', UP, INS = NO LIMIT 34 sQ � 28 28 34 sQ � � a SOUTH ELEVATION TRANSPARENCY bUALt::3/J2" = 1'-U" ------------- 6% ,j . 28 I'q FJII■II-11■IIF SOUTH ELEVATION C( AI F- 1/R" = 'I' w EAST ELEVATION CrAI F- 4/1F" = 1'_011 I I I I I I I I I I I I I I SYNTHESIS 9, LLC 523 N. D ST. TACOMA, WA 98403 REUSE OF DOCUMENTS THIS DOCUMENTAND THE IDEAS AND DESIGNS INCORPORATED HERIN, AS INSTRUMENTS OF PROFESSIONAL SERVICE, ARE THE PROPERTY OF SYNTHESIS 9, LLC AND ARE NOT TO BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN AUTHORIZATION OF SYNTHESIS 9, LLC. O WJF- C_)Q of wZ Z J 2 5w¢W 0 0 Lu Lu CIO CV >Q n ry Z 2 W O N� I..L ry I..L ry Z I..L J ry N LWL ry w m co co w W J � m J C'6 m p W ry J w W m REVISIONS 00 O ti (0 N N J REVISIONS DRAWN BY: BL / CM CHECKED BY: BL U) DATE: 22.07.08 TITLE: ELEVATIONS W PROJECT#: 2020 W r/ SHEET: z A2.1 �w Q ACCESSIBLE MAILBOX REQUIREMENTS:. 905.1 General. Accessible storage facilities shall comply with ICC A117.1. Section 905. 905.2 Clear Floor Space. A clear floor space complying with ICC A117.1. Section 305 shall be provided. 905.3 Height. Accessible storage elements shall comply with at least one of the reach ranges specified in ICC A117.1. Section 308. 905.4 Operable Parts. Operable parts of storage facilities shall comply with ICC A117.1. Section 309. 309.4 Operation. Operable arts shall be operable with one hand and p p p p shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 5.0 pounds maximum. 308.2 Forward Reach. 308.2.1 Unobstructed. Where a forward reach is unobstructed the high 9 forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches minimum above the floor. 308.3 Side Reach. 308.3.1 Unobstructed. Where a clear a floors ace allows parallel p approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the floor. LAND USE SITE LIGHTING REQUIREMENTS: 1. Light trespass. Light trespass from sites in non-residential zoning districts shall not exceed 3 lux (0.3 foot candles) at parcel boundaries with residential zoning districts. This luminance value shall be measured at the eye in a plane perpendicular to the line -of -sight when looking at the brightest source in the field of view at any point on the property line of any residential parcel. 2. Residential light pollution. To ensure control of and to minimize glare, any lighting within 100 feet of an R District shall use luminaries which meet the Illuminating Engineering Society's cutoff light distribution specification. 3. General light pollution. To control and minimize glare,all other 9 p luminaries for area and/or off-street parking shall meet the Illuminating Engineering Society's semi -cutoff light distribution specification. Lighting shall be directed toward the site, with cutoff shields or other means, to prevent spillover glare to adjacent properties or vehicular traffic. Luminaires with a light source not greater than 1800 lumens (100 watt incandescent) are exempt from this requirement. 14" x 14" METAL SIGN WITH INTERNATIONAL STATE DISpBLE� PARKING SYMBOL OF ACCESS PERMI}} REgUIRED WHEN APPLICABLE PER PLAN iVANi ACCESSIBLE 2" DIA. PAINTED STEEL POST W/CAP. WELD TO BASE PLATE. q 6" x 6" x 1/4" GALV. STEEL PLATE WELDED TO POST W/ (4) 3/8" DIAMETER X 1/2" BOLTS 6" x6" x 1/4" GALV. METAL 1/2" CONSTRUCTION PLATE W/ 2" DIAMETER JOINT WITH PIPE ANCHOR EMBEDDED APPROVED IN CONCRETE; BOLT TO SEALANT SIGN PIPE ASSEMBLY a a a a a 9 G 4 8"° d SITE SIGNAGE I I I I -'o - I - -- 4 &�067}PAG�QR- N - 22'-1 1/2" 4 . � -n- � ad '.rApI S i-�If�E'.S`T1�CL-CS` ` _ I I I I M REFUSE 11'-4" ;�, o I I ROOF AREA ISTORAG� +s4 I I.' 6,533 sq ft 597 sq ft . . 6'-0' — — — —LL' 6'-8" d 70 69 68 67 66 65 64 63 L — — 2 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 41 $�4 - ° 109'-6" 102'-0" 9'-3" I I - W_i .`:` I I ±: 0 8'-2 1/4" IM �. -) ROOF AREA: w- W D o I ° `=' 10,368 sq ft C� - o r �1 N o I IM (n I �. Lu o `W yyW.' _6. W y W. La 166 165 164 163 O 1162 161 160 159 158 r157 7156 7955 154 133 152 151 150 149 148 jM j -- �� '_�`W Z � - i CARPORT #7 I = a i W 0 d 11 STALLS m I I ( ) - CO M N + I I I - I N I..L M BLDG #3 : 4as ' : 22'-0" I o � d LL K- . q I I I NN Do��t � I t4' s` . (TYPE 3) d------- L: W 3-STORY d I ----- - - - - - - - - - a d`-° ��esl ' �IID�e�ll°� M M� .t = 24-UNIT' a 11�11111�10 .� =0 o d ^ I 1 BEDRMS M LL I ^I INFRASTRUCTURE FOR( 6) FUTURE, d Q I I I ° . . ELECTRIC CHARGING STATIONS .� BLDG #5 �':- ' : co:- p d Q N � N TYPE 5 ( ) d _ — 2 2 20'-0" --21'-1a2"�' 2 22' I 136' 7 1/4"-'-'-'-'-`-'-'-`-'-`-'-'-'-'-`-'-'-' 20'-0" 22'- ' 20'-0" -. 0'-0" 6'-0" / 0'-0" ON a 0 YARD SPACE 3-STORY 1,809 sq ft (, M ° - 24-UNIT -:-: I I BLDG #6 I := 2 BEDRMS — y I I :ya- ,-` 1,365 s ft -YARD SPACE - - ♦y♦y a I FOOTPRINT 5,297 S(] ft alp I - . •. N MLO 2 LL1 T v U � I y� - d I ^ 9 PC � � aD q aI] - N I ' S pp U .�-'-'- FOOTPRINT I : ° I 5,513 s ft i i IIIIIIII I i _ ° _-25'-6'-0" 0 20'-0" RISER ' I +Io I ---- = J' ti I O Q I _ - e in = M o - ROOM c') r- -2IX s'ft - rn I :ti W q I I c� ////�� . _ I J _ I U v wl 1 109 J{ 6 Sq � � 14�] W 1y 1 W Q -�. I I dNDCV O Q ; :M:C C C C C C C °, C C C -�- C C C C C C C C C C C C C C C C N �U -t -- a� �✓D +AI. C0 I INLl 88 87 86 85 84 83 82 109 110 111 112 113 114 115 116 117 118 119 120 J121 122 r O co Z o I o I IN N -t �IT `Z ---FIRE SEPARATION LINE o 0 o I [ FOOTPRINTAREA: W vJ(0 T . � ....... � o Cp I IN Z N I ------- =� 8,952 sq ft w o o 9 -. w 89 90 91 0 92 93 -9 .•'�`'•`�`�` o d y t_ LLI 0 I -"�^ J �o � � I .�- � NVA I I -may .t�i {..�. .�5 o CARPORT #5 -� 1 1 I -`m o I 11 STALLS - Q I CARPORT #4 -aa I CARPORT #3 I ' (11 STALLS) - I (9 STALLS I ++} Q _...LL�..y..LL. -------------- —------------------------------ --------------- '`--------------- ------------ d ° n (6)L9T�IKE STALES a ° ��IDD�I� IIIIIII� d. +. .. ° d � v' d d.� .. .� a .. s A. d `. °+d .[ d ° a d ° V d ° °' I' LL sq ' E` *� '`'tit--' --i= ` I -�X I `;: -s62 I -YARD SPACE I C� 137'-11 1 /2" d6s.it : ° I +..� Z_ 5 d 4,741 sq ft I - 30" STEP d i RISER UP TO THE -]- W S J `I STEP RISER -f - 30" S ROOM I WEST ROOM `-�-+�a�`�+�a�+��`�+�a`` UP TO THE I - ] - v- . -w-- WEST M I BLDG #2 :W -I--`'- '= - (TYPE 2) ROOF AREA -a 6.- BLDG #1 -. - ---=-=-=-=-=-=-=-=------9 .�=.-. BLDG #4 :'D_ �.. I -a 30'-5" I 30'-5"-'-'` 3-STORY 7,828 sq ft -cnN-- ROOF AREA (TYPE 1) ` ` ` ` ` ` ` ` ` ` (TYPE 4) `'-'-'-'='='='='-'='=`='-'-'-'-`-'-'-' 24-UNIT --�v-` 4,453 s ft 3-STORY I :% ---------- --------- --------- --------- 3-STORY FOOTPRINT =1 FOOTPRINT �� q k-` 6 638 s ft (12) 2 BEDRMS -a� FOOTPRINT 12-UNIT I' =.-`'`'-'`'`'`'`'''`'`'`'`'`'`'`'`'`'`'`'`=.= I---'- ROOF AREA: 24-UNIT 8,988 sq ft ' q w-.� OO - ---------------------------------------------- -t(tI 10,415 sq ft 2 BEDRMS (12) 1 BEDRMS 3,788 sq ft 2 BEDRMS -I I , �- 8'-1/2" 8'-1/2 — ' ` — d J — `I "r-a�`s� �- ` — — q `s q :o� ytt�' sq I I 33 -X.--� a FIRE SEPARATION LINE d °.ad a. a ° d FIRE SEPARATION LINE BLUEBERRY RD A 7•], A A/ .. — L A I'll A G, 7„ 70, A A A /•1„ 579'-9 1/2" \ BUILDINGS FACADE DIMENSIONS TOTAL 542-ft WHICH IS 78% OF THE FRONTAGE N SITE PLAN 1 SCALE: 1" = 30' 0 SYNTHESIS 9, LLC 523 N. D ST. TACOMA, WA 98403 I REUSE OF DOCUMENTS THIS DOCUMENTAND THE IDEAS AND DESIGNS INCORPORATED HERIN, AS INSTRUMENTS OF PROFESSIONAL SERVICE, ARE THE PROPERTY OF SYNTHESIS 9, LLC AND ARE NOT TO BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN AUTHORIZATION OF SYNTHESIS 9, LLC. I U Q O W o' W� ZZ 2 J U 2 C7 LU W Q �' ¢ LL LU LU Fm I W U) I J W 2 H LU W I I I I I I Q I U � Q Z 2 w 0 I I O I..L r�^UJ J N � IJ m CO W w w J � m C,6 MJ W w ry J UJ UJ 00 I REVISIONS `V 0 ti 0 N N J REVISIONS DRAWN BY: CM BUM CHECKED BY: BL DATE: 22.07.08 TITLE: SITE PLAN w PROJECT#: 2020 w r/ SHEET: z z AS1.0 c� Q City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No.: Business Item ** Meeting Date: January 24, 2023 Subject: Resolution to Approve a Multifamily Property Tax Exemption Agreement for the Salmonberry Apartments Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Atty Review Date: 1/4/23 Issue: Since 2016, Port Orchard has offered a property tax exemption program to encourage the creation of multi -family housing pursuant to RCW 84.14. The Multifamily Property Tax Exemption program exempts certain new, converted or rehabilitated multifamily developments from ad valorem property taxation (i.e. improvements to vacant land, or to existing buildings) for either 8 or 12 years from issuance of the certification of exemption, depending on whether a project will include at least 20% of housing units to be available below market rents. The City received a multifamily property tax exemption application from Family Legacy Development, LLC. for construction of 24 new apartment units in two buildings on a 1.29-acre site, located in a designated tax exemption area adjacent near SE Salmonberry Rd and Bethel Rd SE. The Developer is seeking a 12-year tax exemption and intends to provide 20% of units at below market rents in accordance with POMC 3.28.040 (1) (c). The project meets the criteria for a 12-year tax exemption and as such, a multifamily housing limited property tax exemption agreement for approval. Recommendation: Staff recommends that the City Council approve a resolution authorizing the Mayor to execute a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Family Legacy Development, LLC, Inc., as presented. Motion for consideration: "I move to approve a resolution authorizing the Mayor to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Family Legacy Development, LLC, as presented." Fiscal Impact: The tax exemption will reduce property tax revenue to the city for a period of 12 years for the proposed project. The construction of this apartment project will generate other revenue that may not otherwise be generated in the absence of this incentive. Alternatives: Revise the Salmonberry Apartments Multifamily Housing Limited Property Tax Exemption Agreement; do not enter into a Multifamily Property Tax Exemption agreement for the project. Attachments: Resolution; Agreement; Resolution; Agreement; Exhibit A - site plans and floor plans for multi- family residential housing RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE THE ACCEPTANCE OF A MULTIFAMILY PROPERTY TAX EXEMPTION AGREEMENT BETWEEN FAMILY LEGACY DEVELOPMENT, LLC AND THE CITY RELATING TO THE TERMS AND CONDITIONS OF THE SUBJECT MULTIFAMILY HOUSING PROJECT AND ITS ELIGIBILITY FOR THE 12-YEAR PROPERTY TAX EXEMPTION AS PROVIDED BY CHAPTER 3.48 OF THE PORT ORCHARD MUNICIPAL CODE. WHEREAS, the Port Orchard Municipal Code (POMC), Chapter 3.48, provides a multifamily property tax exemption pursuant to the requirements of that chapter; and WHEREAS, POMC 3.48.060 provides that, to be eligible for the multifamily property tax exemption, the subject project must meet the following requirements: (1) the project must be located within a residential targeted area as defined in POMC 3.48.040; (2) the project must not displace existing tenants; (3) existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes; (4) the new, converted, or rehabilitated multiple -unit housing must provide for a minimum of 50 percent of the space for permanent residential occupancy and must include at least 10 units of multifamily housing; (5) new construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application; and (6) the project must be designed to comply with the city's comprehensive plan, building, housing, and zoning codes, and any other applicable regulations, standards or guidelines; and WHEREAS, POMC 3.48.080 requires that, if the Director of the Department of Community Development approves an application for the multifamily property tax exemption, the applicant must enter into an agreement with the City regarding the terms and conditions of the implementation of the project; and WHEREAS, the multifamily property tax exemption agreement must be approved by the Port Orchard City Council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the City received an application for multifamily property tax exemption from Family Legacy Development, LLC., pertaining to a project titled Salmonberry Apartments (the "subject project") under the "Type 1: Affordable Housing with Transit Access" residential targeted area; and WHEREAS, the Director of the Department of Community Development has determined 1752137.3 - 366922 -0021 Resolution No. o; *-XX Page 2 of 12 that the subject project meets the eligibility requirements set forth in POMC 3.48.060; has approved the application for the 12-year Type 1 tax exemption; and recommends approval of the attached Multifamily Housing Limited Property Tax Exemption Agreement as accurately setting forth the terms and conditions of the subject project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the Port Orchard City Council has determined to approve the attached Multifamily Housing Limited Property Tax Exemption Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Recitals. The recitals set forth above are hereby incorporated by reference as if set forth in full herein. THAT: Authorization for5ignature. The City of Port Orchard hereby authorizes the Mayor to accept and sign the Multifamily Housing Limited Property Tax Exemption Agreement in substantially the form as is attached to this Resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this _ day of January 2023. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, CMC, City Clerk 1752137.3 - 366922 -0021 CITY OF PORT ORCHARD MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this _ day of , 20J by and between Family Legacy Development, LLC, a Washington limited liability company (hereinafter referred to as the "Owner"), and the City of Port Orchard, 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 3.48 Port Orchard Municipal code (POMC), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the Kitsap 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 multifamily 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 ten (10) units of new multifamily housing within a residential structure or as part of an urban development; and WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for multi -family residential housing more particularly described in Exhibit A which is attached hereto and incorporated by reference herein (the "Project") to be constructed on said property (the "Site") legally described as: LOT C OF SHORT PLAT NO. 2384 AS RECORDED UNDER AUDITOR'S FILE NO. 8009020109, RECORDS OF KITSAP COUNTY, WASHINGTON; BEING A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASH INGTON.»—TOGETHER WITH THAT PORTION PER SUPERIOR COURT CAUSE NO. 20-2-01545-18, DESCRIBED AS FOLLOWS: THE SOUTH 10 ACRES OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 271.77 FEET; EXCEPT ANY Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 1 1752137.3 - 366922 -0021 PORTION LYING EAST OF THE WEST 535.77 FEET; EXCEPT SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109. Kitsap County Tax Assessor Parcel No. 012301-2-078-2000 located at 1695 SE Salmonberry Road in the City of Port Orchard WHEREAS, the City has determined that the improvements will, if completed as proposed, satisfy the requirements of 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 generally as described in the site plans, floor plans, and elevations on file (22-980 and 22-981) with the City as of the date of administrative approval of this Agreement. Provided however, that the building permits (22-980 and 22-981) as approved by the City will establish the final configuration of the development which may differ from the site plan and other earlier submittals. 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 Port Orchard Municipal Code (herein referred to as the "POMC") at the time a fully complete application for a building permit is submitted to the City. 4. The new multiple -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The Project must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. 5. 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. 6. The Owner is requesting a twelve-year limited property tax exemption. Therefore, , the Owner by this Agreement 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 Section 3.48.040 (1) (c) POMC as follows: A. A minimum of 20 percent of all residential units in the development shall be rented for at least 10 percent below fair market rent for 12 years, to tenants whose household annual income is: Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 2 1752137.3 - 366922 -0021 At or below 40 percent of median family income, for housing units in congregate residences or small efficiency dwelling units; ii. At or below 65 percent of median family income for one -bedroom units; iii. At or below 75 percent of median family income for two -bedroom units; and iv. At or below 80 percent of median family income for three -bedroom and larger units. B. If calculations for the minimum 20 percent of the residential units required under this section result in a fraction, then the minimum number of residential units required to meet the affordable housing requirement shall be rounded up to the next whole number. C. At the time of this Agreement, the Owner is proposing the following unit mix for this 24-unit project: Building Studio 1-Bedroom 2-Bedroom 3-Bedroom Total Units 1 - - 12 - 12 2 - 12 - - 12 TOTAL UNITS (includes - 12 12 - 24 affordable) Affordability Studio 1-Bedroom 2-Bedroom 3-Bedroom Total Requirements Required (40% MFI) (65%MFI) (75%MFI) (80% MFI) Affordable Units Required Affordable - 3 3 - 6 Units by Type 7. This unit count and mix may change but will still be required to comply with Chapter 3.48 POMC with regard to the percentage, affordability and location of units. The Owner agrees, upon completion of the improvements and upon issuance by the City of a temporary or Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 3 1752137.3 - 366922 -0021 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 request to the entire site; b. A description of the completed work and a statement of qualification for the exemption; and 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. 8. 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 the preceding paragraph, to file an eight or twelve year (as applicable) Final Certificate of Tax Exemption with the Kitsap County Assessor. 9. The Owner agrees, within thirty (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 twelve years to file a notarized and sworn declaration with the City's Department of Community Development stating all of 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 has not changed use and continues to be in compliance with this Agreement and with Chapter 3.48 POMC; and A description of changes or improvements constructed after issuance of the certificate of tax exemption; d. The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; e. A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; f. Information demonstrating the owner's compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter household Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 4 1752137.3 - 366922 -0021 at the time of initial occupancy or the income of each purchaser of owner -occupied units at the time of purchase; g. The value of the tax exemption for the project; h. 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; i. Any information needed by the City to file its annual report pursuant to Port Orchard Municipal Code (POMC) 3.48.120 and any additional information requested by the City in regards to the units receiving a tax exemption.; and Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. 10. The Parties acknowledge that the units are to be used an occupied for multifamily residential use. The Parties further acknowledge that the certificate of occupancy issued by the City is for multi -family 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. 11. 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 Kitsap County Assessor and the City's Department of Community Development within sixty (60) days of such change in use. 12. 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. 13. For purposes of this Agreement, "Owner" shall mean the Property Owner if the development is comprised of rental units or shall mean the Owners Association of a condominium complex (if the development contains any ownership units) once such association is established. The Owner shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units, if applicable. 14. If the Project includes any owner -occupied units, the Owner is required to form an Owner's Association to be organized under RCW 64.34.300 for all owner -occupied units within the development. Such organization shall remain operational and in effect until at least the length of the exemption period has expired and the final report is filed with the City. This Owner's Association shall assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the city pursuant to Section 9 of this Agreement and Chapter 3.48 POMC. Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 5 1752137.3 - 366922 -0021 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. If the exemption is cancelled for non-compliance, Owner acknowledges that state law requires that an additional real property tax is imposed in the amount of (A) the difference between the tax paid and the tax that would have been paid if it had included the value of the non -qualifying improvements, dated back to the date that the improvements became non -qualifying; (B) a penalty of 20% of the difference calculated under paragraph (A) of this paragraph; 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 POMC Chapter 3.48 POMC. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, becomes a lien on that portion of the Property on which the Project is constructed and attaches at the time the portion of the Property is removed from multifamily use or the amenities no longer meet applicable requirements, 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. 16. Nothing in this Agreement shall permit or be interpreted to permit either Party to violate any provision of Chapter 84.14 RCW or POMC Chapter 3.48. 17. Modification. No modifications of this Agreement shall be made unless mutually agreed upon by the Parties in writing. 18. Acknowledgement of Tax Liability. 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 Kitsap 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 Kitsap County at any time during the exemption period. 19. City's Right to Audit. The Owner acknowledges and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and POMC Chapter 3.48 and to perform evaluations of the effectiveness of the Multifamily Tax Exemption program. The Owner agrees to make appropriate records available for review or audit upon seven days' written notice by the City. Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 6 1752137.3 - 366922 -0021 20. 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, on the day of delivery when sent via overnight delivery with a common carrier, 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. CITY: Department of Community Development City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Director OWNER: Family Legacy Development, LLC Attn: Steve Novotny 7809 Pacific Ave Tacoma, WA 98408 21. 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 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. 22. Recording. This Agreement shall be recorded at the Owner's expense and shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the Owner. 23. Applicable Law, Resolution of Disputes, and Attorneys' Fees. Jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PORT ORCHARD PROPERTY OWNERS Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 7 1752137.3 - 366922 -0021 Robert Putaansuu, Mayor By: Its: Nick Bond, Director By: Dept. of Community Development Its: Noah Crocker Finance Director Attest: Brandy Wallace, CIVIC, City Clerk Approved as to Form: Charlotte A. Archer, City Attorney Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 8 1752137.3 - 366922 -0021 NOTARY BLOCK FOR FAMILY LEGACY DEVELOPMENT, LLC STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of Family Legacy Development, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 9 1752137.3 - 366922 -0021 NOTARY BLOCK FOR CITY OF PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Multifamily Housing Limited Property Tax Exemption Agreement Family Legacy Development, LLC Page 10 1752137.3 - 366922 -0021 0 LAND USE SUMMARY P/N:01230120782000 JURISDICTION: PORT ORCHARD TAX DESCRIPTION- LOT C OF SHORT PLAT NO. 2384 AS RECORDED UNDER AUDITOR'S FILE NO. 8009020109, RECORDS OF KITSAP COUNTY, WASHINGTON; BEING A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.> ZONING DESIGNATION: CMU (COMMERCIAL MIXED USE) PARCEL AREA: 56,192 SF (MEASURED PARCEL AREA: 56,913) SURROUNDING PARCELS: CMU TO THE EAST, WEST, AND SOUTH. COMMERCIAL HEAVY TO THE NORTH. USE: MULTIFAMILY (PERMITTED) MINIMUM LOTAREA: 5,000 SF MINIMUM LOT WIDTH: 50 FT MINIMUM SETBACKS: 0 FRONT, 0 SIDE, 20 FT REAR MAXIMUM SETBACK: 10 FT FRONT BUILD -TO ZONE: 70% PRIMARY STREET MAXIMUM HEIGHT: 40 FT (3 1/2 STORIES) PROPOSED BUILDINGS BLD'G NO. 1: (12) 1-BEDROOMS BLD'G NO.2: (12) 1-BEDROOMS TOTAL UNITS = 24 VEHICLE PARKING ANALYSIS STALL DIMENSIONS: 8' x 16' COMPACT, 9' x 20' STANDARD REQUIRED: 1.75 STALLS PER 2 BEDROOM UNIT, PLUS 0.25 PER UNIT IF NO ADJACENT PUBLIC ON -STREET PARKING = 1.5 PER 1 BEDROOM UNIT PLUS 0.25 PER UNIT IF NO ADJACENT PUBLIC ON -STREET PARKING: NO PUBLIC, ON -STREET PARKING AVAILABLE ON -SITE VEHICLE STALLS REQUIRED: (12x2) + (12x1.75) = 24+21 = 45 ON -SITE VEHICLE STALLS PROVIDED: 46 o COMPACT MAX.: 40 /o — — 45 x 0.04 = 18 COMPACT STALLS PROVIDED: 10 ACCESSIBLE STALLS REQ'D: 3 (WITH 1 VAN STALL) ACCESSIBLE STALLS PROVIDED: 3 POMC 20.124.050 ELECTRIC VEHICLE PARKING REQUIRED REQUIRED: 10 PERCENT = 6 (CONFIRM WITH NEW ZONING OR PROPOSE A VARIANCE?) BICYCLE PARKING ANALYSIS STALL SIZE: 75" x 24" SINGLE, 100" x 36" DOUBLE LONG-TERM BICYCLE PARKING: BASE REQUIREMENT: 1 PER UNIT UP TO 24 STALLS TOTAL LONG-TERM BICYCLE STALLS REQUIRED: 24 PROVIDED: 24 OVERALL SITE LANDSCAPING ANALYSIS EXISTING SITE AREA: 56.192 SF MAXIMUM HARD SURFACE: 80 % = 44,954-SF MINIMUM LANDSCAPING REQUIRED: 11,238-SF PROPOSED LANDSCAPE AREA: APPROX. 14,000-SF YARD SPACE REQUIREMENTS ANALYSIS: RESIDENTIAL YARD SPACE REQUIREMENT. 150 SF PER 2-BEDROOM UNIT, 100 SF PER 1-BEDROOM UNIT MINIMUM: (12 x 100) + (12 x 150) = 1200 + 1800 = 3,000-sf PROVIDED: 5,127 sq ft 20'-0" — 7 SETBACK COVERED TRASH (12) BIKE ENCLOSURE o "' STORAGE .......... YARD SPACE a s a a° ° j 1,856 sq ft / 9'-0" a -' i 'v - TRASH /7/ b ///, 527 sq ft 1�,//i /; /i// b ae 37 36 (V 34 33 //,3Z d, //zB / 2E 27 26 1 5 24zo 1212'-0�IN C /�/ i/ ;� c c c c OP'I ENi i 1'-6" /i; i i " 99'-0" 1 6 25'-0" a,-o„ - / ;; , / r D E D I CAT I O N / /� 44--l0" - - - 1 043 s ft i 1' 6" 64' 0" i - q 0 6 2" 6-4 3/4" 102'-2 1 /4" GREEN � � I BLD'G 1 N 3-STORY APT BLD'G 1'-6" 90'-0" 1'-6" 24'-3 3/4"�/ 45'-0" WAL (4) UNITS PER FLR (12) 2-BEDROOMS / OUTLINE OF EVA C Q TURNAROUND /4" O 5'-0" Li a3 as as afi N 4] _ / 4s as so s, sz ,o zo z, z M ° N _ ° / a M a GREEN WALL a°� ° W B a 8 BIKE m M z z -1. -- ° a —,' / STORAGE"" ..... /20'-0" :- a ° o J v - t o'-0" Lo —� Q (4) BIKE , m GREEN WALL; TYPICAL a U) STORAGE III Ln -1/4" s O6 6 h SEE LANDSCAPE PLANS N .�J . 1 FF=330.42 � `? Ili 37'-1" 13'-9 3/4" 4 F_ M I � r 34'-2 1 /4" / 63' 0" 5'-0" / �a I J I / _ I YARD266 s Aft E ' F BLD'G 2 GREEN WALL; TYPICAL /i/„i//� F� FOOTPRINT ii/= %�/i'%� SEE LANDSCAPE PLANS 4,447sgft 3-STORY APT BLD'G Z /q — — �� `� I' (4) UNITS PER FLR �16'-0" 20'-0" °D i////ii�� j/�///' 9T-2 1/4" iiiii/i� �i� �/' 5' 0" ROOF AREA 5,181 sq ft III n'll (12) 1-BEDROOMS RISER �i// Z „ I ; FOOTPRINT . . 5 2T 8 1/2" 13'-11 1/2 1 6 54 0 1 6 I 3,063 sq ft .I. / i / I a i i / 1 a / / I YARD SPACE I / / 1,561 s ft ROOF AREA FF=327.07 3,703 sq ft GREEN WALL 7 " „ ,2 a PARCEL AREA / _ a a a ° a 50,800 f , ° a 21' 11' 13'-9 3/4" 75' 8 3/4" s -- �l a a - m a a .......d .. ° ' 64'-111/2" a W o Q � J M W U co I� i ii i i i i i i i i i Q d I 6-0" SIDEWALK LANE 6'-0" 6-6" BIKE LANDSCAPE :N SITE PLAN N �± SCALE: 1" = 20' yy. '. :: =I= SYNTHESIS 9, LLC 523 N. D ST. TACOMA, WA98403 REUSE OF DOCUMENTS THIS DOCUMENTAND THE IDEASAND DESIGNS INCORPORATED HERIN, AS INSTRUMENTS OF PROFESSIONAL SERVICE, ARE THE PROPERTY OF SYNTHESIS 9, LLC ANDARE NOTTO BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUTTHE WRITTEN AUTHORIZATION OF SYNTHESIS 9, LLC. Q m L Q� z �w ico 0 JO 2i 2 J J Q U) co W Cn Ln REVISIONS CD O REVISIONS N N (V DRAWN BY: BL / CM O (V CHECKED BY: BL DATE: 2022.12.06 TITLE: SITE PLAN L PROJECT#: 2020 L r/ SHEET: z z AS1.0 c� Q BUILDING No.2 MIT Ism EB w- BUILDING No.1 SYNTHESIS 9, LLC 523 N. D ST. TACOMA, WA98403 REUSE OF DOCUMENTS THIS DOCUMENTAND THE IDEAS AND DESIGNS INCORPORATED HERIN, AS INSTRUMENTS OF PROFESSIONAL SERVICE, ARE THE PROPERTY OF SYNTHESIS 9, LLC AND ARE NOT TO BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN AUTHORIZATION OF SYNTHESIS 9, LLC. 00 � o z w oa 2 z U �zo amp W750� Golei w O J Z co o J J Q U) (f) u1 rn REVISIONS 0 N REVISIONS r N (V C) (N DRAWN BY: CHECKED BY: DATE: - W w U TITLE: PROJECT#: SHEET: BL / CM BL 2022.12.06 3D IMAGES 2020 w AS1.1 c� a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No.: Business Item ** Meeting Date: January 24, 2023 Subject: Resolution to Approve a Multifamily Property Tax Exemption Agreement for the 2102 Sedgwick Apartments Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Atty Review Date: 1/4/23 Issue: Since 2016, Port Orchard has offered a property tax exemption program to encourage the creation of multi -family housing pursuant to RCW 84.14. The Multifamily Property Tax Exemption program exempts certain new, converted or rehabilitated multifamily developments from ad valorem property taxation (i.e. improvements to vacant land, or to existing buildings) for either 8 or 12 years from issuance of the certification of exemption, depending on whether a project will include at least 20% of housing units to be available below market rents. The City received a multifamily tax exemption application from 2102 Sedgwick LLC for construction of 192 new apartment units in nine buildings on a 5.7 acre site, located in a designated targeted area on SE Sedgwick Road, adjacent to the recently constructed Pottery Creek apartments, just east of Fred Meyer. The Developer is seeking a 12-year tax exemption and intends to provide 20% of units at below market rents in accordance with POMC 3.28.040 (1) (c). The project meets the criteria for a 12-year tax exemption and as such, a multifamily housing limited property tax exemption agreement for approval. Recommendation: Staff recommends that the City Council approve a resolution authorizing the Mayor to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and 2102 Sedgwick LLC, as presented. Motion for consideration: "I move to approve a resolution authorizing the Mayor to execute a Multifamily Housing Limited Property Tax Exemption Agreement between the City and 2102 Sedgwick, LLC, as presented." Fiscal Impact: The tax exemption will reduce property tax revenue to the city for a period of 12 years for the proposed project. The construction of this apartment project will generate other revenue that may not otherwise be generated in the absence of this incentive. Alternatives: Revise the 2102 Sedgwick Multifamily Housing Limited Property Tax Exemption Agreement; do not enter into a Multifamily Property Tax Exemption agreement for the project. Attachments: Resolution; Agreement; Exhibit A — site plans and floor plans for multi -family residential housing Resolution No. o**-XX Page 1 of 13 :t�Yd�4�[d►�►[�>A A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE THE ACCEPTANCE OF A MULTIFAMILY PROPERTY TAX EXEMPTION AGREEMENT BETWEEN 2102 SEDGWICK, LLC AND THE CITY RELATING TO THE TERMS AND CONDITIONS OF THE SUBJECT MULTIFAMILY HOUSING PROJECT AND ITS ELIGIBILITY FOR THE 12-YEAR PROPERTY TAX EXEMPTION AS PROVIDED BY CHAPTER 3.48 OF THE PORT ORCHARD MUNICIPAL CODE. WHEREAS, the Port Orchard Municipal Code (POMC), Chapter 3.48, provides a multifamily property tax exemption pursuant to the requirements of that chapter; and WHEREAS, POMC 3.48.060 provides that, to be eligible for the multifamily property tax exemption, the subject project must meet the following requirements: (1) the project must be located within a residential targeted area as defined in POMC 3.48.040; (2) the project must not displace existing tenants; (3) existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes; (4) the new, converted, or rehabilitated multiple -unit housing must provide for a minimum of 50 percent of the space for permanent residential occupancy and must include at least 10 units of multifamily housing; (5) new construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application; and (6) the project must be designed to comply with the city's comprehensive plan, building, housing, and zoning codes, and any other applicable regulations, standards or guidelines; and WHEREAS, POMC 3.48.080 requires that, if the Director of the Department of Community Development approves an application for the multifamily property tax exemption, the applicant must enter into an agreement with the City regarding the terms and conditions of the implementation of the project; and WHEREAS, the multifamily property tax exemption agreement must be approved by the Port Orchard City Council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the City received an application for multifamily property tax exemption from 2102 Sedgwick, LLC, pertaining to a project titled 2102 Sedgwick Multifamily (the "subject project") under the "Type 1: Affordable Housing with Transit Access" residential targeted area; and WHEREAS, the Director of the Department of Community Development has determined 1752136.2 - 366922 -0021 Resolution No. o**-XX Page 2 of 13 that the subject project meets the eligibility requirements set forth in POMC 3.48.060; has approved the application for the 12-year Type 1 tax exemption; and recommends approval of the attached Multifamily Housing Limited Property Tax Exemption Agreement as accurately setting forth the terms and conditions of the subject project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the Port Orchard City Council has determined to approve the attached Multifamily Housing Limited Property Tax Exemption Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Recitals. The recitals set forth above are hereby incorporated by reference as if set forth in full herein. THAT: Authorization for Signature. The City of Port Orchard hereby authorizes the Mayor to accept and sign the Multifamily Housing Limited Property Tax Exemption Agreement in substantially the form as is attached to this Resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this _ day of January 2023. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, CIVIC, City Clerk 1752136.2 - 366922 -0021 CITY OF PORT ORCHARD MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this _ day of 20_, by and between 2102 Sedgwick, LLC, a Washington limited liability company (hereinafter referred to as the "Owner"), and the City of Port Orchard, 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 3.48 Port Orchard Municipal code (POMC), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the Kitsap 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 multifamily 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 ten (10) units of new multifamily housing within a residential structure or as part of an urban development; and WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for multi -family residential housing more particularly described in Exhibit A which is attached hereto and incorporated by reference herein (the "Project") to be constructed on said property (the "Site") legally described as: THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 12, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF; TOGETHER WITH THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 1 11752136.2 - 366922 -0021 NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, THENCE NORTH 01 °59'58" EAST ALONG THE WEST LINE OF SAID EAST HALF OF THE WEST HALF 593.97 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 726 FEET OF SAID EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 88°04'42" EAST ALONG SAID SOUTH LINE 5.31 FEET; THENCE SOUTH 01°47'41" WEST 6.40 FEET; THENCE SOUTH 02°02'19" WEST 133.09 FEET; THENCE SOUTH 01°42'01" WEST 177.64 FEET; THENCE SOUTH 02"30'09" WEST 104.17 FEET; THENCE SOUTH 02"21'19" WEST 172.68 FEET TO THE SOUTH LINE OF THE EAST HALF OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE NORTH 88°05'15" WEST ALONG SAID SOUTH LINE 4.18 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR SE SEDGWICK ROAD IN WARRANTY DEED RECORDED UNDER AUDITOR'S FILE NO. 200804290428; AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY IN STATUTORY WARRANTY DEED RECORDED UNDER AUDITOR'S FILE NO. 200805200185. Kitsap County Tax Assessor Parcel No. 122301-2-094-2007, located at 2102 SE Sedgwick Road in the City of Port Orchard WHEREAS, the City has determined that the improvements will, if completed as proposed, satisfy the requirements of for a Final Certificate of Tax Exemption; NOW, THEREFORE, the City and the Owner do mutually agree as follows: 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 general as described in the site Iplans� floor plans, and elevations on file (22-590, 22-591, 22-592, 22-593, 22- 594, 22-595, 22-686, 22-687, 22-688) with the City as of the date of administrative approval of this Agreement. Provided however, that the building permit (22-590, 22-591, 22-592, 22-593, 22-594, 22-595, 22-686, 22-687, 22-688) as approved by the City will establish the final configuration of the development which may differ from the site plan and other earlier submittals. 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 Port Orchard municipal Code (herein referred to as the "POMC") at the time a fully complete application for a building permit is submitted to the City. 4. The new multiple -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The Project must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 2 21752136.2 - 366922 -0021 Commented [JSR1]: We need to incorporate these documents either by attachment as an exhibit or by a very specific description. Exhibit is preferred. Commented [JF2R1]: Perhaps we should only reference the building permit application by permit number as the materials will change over time and we will not have an application in final form by the time the MPTE is passed by Council. Any exhibit attached here would shortly be out of date and inconsistent with approved Building Permit. Commented [JSR31111]: OK, but if you want to include the site plan but leave room for flexibility, how about the language as revised? 5. 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. 6. The Owner is requesting a twelve-year limited property tax exemption. Therefore, the Owner by this Agreement 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 Section 3.48.040 (1) (c) POW as follows: A. A minimum of 20 percent of all residential units in the development shall be rented for at least 10 percent below fair market rent for 12 years, to tenants whose household annual income is: i. At or below 40 percent of median family income, for housing units in congregate residences or small efficiency dwelling units; ii. At or below 65 percent of median family income for one -bedroom units; iii. At or below 75 percent of median family income for two -bedroom units; and iv. At or below 80 percent of median family income for three -bedroom and larger units. B. If calculations for the minimum 20 percent of the residential units required under this section result in a fraction, then the minimum number of residential units required to meet the affordable housing requirement shall be rounded up to the next whole number. C. At the time of this Agreement, the Owner is proposing the following unit mix for this 192-unit project: Building Studio 1-Bedroom 2-Bedroom 3-Bedroom Total Units A 9 9 18 B 6 12 6 24 C 6 12 6 24 D 8 14 6 28 Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 3 31752136.2 - 366922 -0021 E 6 12 6 24 F 6 12 6 24 G 4 8 12 H 6 12 6 24 1 8 6 14 TOTAL UNITS 55 93 32 12 192 (includes affordable) Affordability Studio 1-Bedroom 2-Bedroom 3-Bedroom Total Requirements Required (40% MFI) (65% MFI) (75% MFI) (80% MFI) Affordable Units Required 11 19 7 3 39 Affordable Units by Type 7. This unit count and mix may change but will still be required to comply with Chapter 3.48 POMC with regard to the percentage, affordability, and location of units. 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 request to the entire site; 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. Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 4 41752136.2 - 366922 -0021 S. 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 the preceding paragraph, to file an eight or twelve year (as applicable) Final Certificate of Tax Exemption with the Kitsap County Assessor. 9. The Owner agrees, within thirty (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 twelve years to file a notarized and sworn declaration with the City's Department of Community Development stating all of 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 has not changed use and continues to be in compliance with this Agreement and with Chapter 3.48 POMC; and C. A description of changes or improvements constructed after issuance of the certificate of tax exemption; d. The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; e. A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; f. Information demonstrating the owner's compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter household at the time of initial occupancy or the income of each purchaser of owner -occupied units at the time of purchase; The value of the tax exemption for the project; h. 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; i. Any information needed by the City to file its annual report pursuant to Port Orchard Municipal Code (POMC) 3.48.120 and any additional information requested by the City in regards to the units receiving a tax exemption.; and j. Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 5 51752136.2 - 366922 -0021 10. The Parties acknowledge that the units are to be used an occupied for multifamily residential use. The Parties further acknowledge that the certificate of occupancy issued by the City is for multi -family 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. 11. 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 Kitsap County Assessor and the City's Department of Community Development within sixty (60) days of such change in use. 12. 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. 13. For purposes of this Agreement, "Owner" shall mean the Property Owner if the development is comprised of rental units or shall mean the Owners Association of a condominium complex (if the development contains any ownership units) once such association is established. The Owner shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units, if applicable. 14. If the Project includes any owner -occupied units, the Owner is required to form an Owner's Association to be organized under RCW 64.34.300 for all owner -occupied units within the development. Such organization shall remain operational and in effect until at least the length of the exemption period has expired and the final report is filed with the City. This Owner's Association shall assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the city pursuant to Section 9 of this Agreement and Chapter 3.48 POMC. 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. If the exemption is cancelled for non-compliance, Owner acknowledges that state law requires that an additional real property tax is imposed in the amount of (A) the difference between the tax paid and the tax that would have been paid if it had included the value of the non -qualifying improvements, dated back to the date that the improvements became non -qualifying; (B) a penalty of 20% of the difference calculated under paragraph (A) of this paragraph; 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 POMC Chapter 3.48 POMC. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, becomes a lien on that portion of the Property on which the Project is constructed and attaches at the time the portion of the Property is removed from multifamily use or the amenities Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 6 61752136.2 - 366922 -0021 no longer meet applicable requirements, 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. 16. Nothing in this Agreement shall permit or be interpreted to permit either Party to violate any provision of Chapter 84.14 RCW or POMC Chapter 3.48. 17. Modification. No modifications of this Agreement shall be made unless mutually agreed upon by the Parties in writing. 18. Acknowledgement of Tax Liability. 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 Kitsap 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 Kitsap County at any time during the exemption period. 19. City's Right to Audit. The Owner acknowledges and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and POMC Chapter 3.48 and to perform evaluations of the effectiveness of the Multifamily Tax Exemption program. The Owner agrees to make appropriate records available for review or audit upon seven days' written notice by the City. 20. Notice. 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, on the day of delivery when sent via overnight delivery with a common carrier, 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. CITY: Department of Community Development City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Director OWNER: 2102 Sedgwick, LLC Attn: Steve Yester Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 7 71752136.2 - 366922 -0021 6622 Wollochet Dr. Gig Harbor, WA 98335 21. 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 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. 22. Recording. This Agreement shall be recorded at the Owner's expense and shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the Owner. 23. Applicable Law, Resolution of Disputes, and Attorneys' Fees. Jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PORT ORCHARD PROPERTY OWNERS Robert Putaansuu, Mayor By: Its: Nick Bond, Director By: Dept. of Community Development Its: Noah Crocker Finance Director Attest: Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 8 81752136.2 - 366922 -0021 Brandy Wallace, CIVIC, City Clerk Approved as to Form: Charlotte A. Archer, City Attorney Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 9 91752136.2 - 366922 -0021 NOTARY BLOCK FOR 2012 SEDGWICK, LLC STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of 2102 Sedgwick, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: r� (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 10 101752136.2 - 366922 -0021 NOTARY BLOCK FOR CITY OF PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that (he she) signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Multifamily Housing Limited Property Tax Exemption Agreement 2102 Sedgwick, LLC Page 11 111752136.2 - 366922 -0021 MILBRANDT PW22-032, PW22-033, PW22-034 ------------ 30' O v CU D 000070C/) -�� nOC2 41 N m r*i W co m U N W W W W 00 J O J O 00000000;0U) «« II 2 0000W ____41 N Z(n�MC14 W W W W W W W W N N N N 0) Ui Ut U -F,WOUi ARCHITEC 25 Central Way, Suite 210 Kirkland, WA 98033 • 425.454.7130 • WWW.MILBRANDTARCH.COM Sedgwick Apartments City of Port Orchard, WA The Rush Companies Site Plan Date: 5-6-22 S1 Drawn By: AJC Job No.: 21-35 Sheet No.: "M 0IA F07 91'-8" 27'-11" 26-4 2" 1�4 37'-3y4" 11 r FEI 118 , F 11 20 D3 4 D3 19 Unit B2 11 Unit 1311 Unit 131 3 302 ; �� 303 306 I 10 19 D3 I 2 D3------------- ------------- ® ® - J' 11 D3 D3 D3 o O71 O o — , D --- 7 L� ---- ----cll D3 6 °TYP. 4 ® I 6 ri9 D3 - ®I D1 1 i J D3 J 2 D3 I 1 1 STAIR 1 I I 1 I STAIR 3 1 I I 2 o Unit A22 Unit A21 ® SIM. 1 1 H 1 - Unit A21 1 1 301LEA 304 c , 0 O 1 O I 0 O 305 I I I I 16 1 D4 l 1 _5 18'-72 15'-9" 18'-6" , D3 SIM. 1 18'-6" 12'-8" 6'-22.' 91'-8" BUILDING A 1/8" = V-0" L E G E N D EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 - EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 ® EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 0 w 0 z 0 J m LO THIRD LEVEL PLAN BUILDING TYPE IV m re 91'-8" 27'-11" 26-4 2" 1�4 37'-3y4" El 8 ElC 8 , O ❑ 20 D3 4 D3 19 0 Unit B2 o Unit 1311 2 D3 \ Unit 131 3 �F 203 206 19 D3 2 D3 Cq J 11 19 2 _ D3 D3 D3 0 0 I O o — I _ D3 6Lid ° TYP. ® 4 D1 ® I 6 19 U. D3 F ®I D1 1 J D3 J' 2 I 1 I STAIR 1 I I I I STAIR 3 1 I 1 o2 o Unit A22 ® Unit A21 B D1 El Unit A21 I I SIM. 201 204 I I 0 ofl O O 0 O 205 I I 16 D4 ❑ ❑ ` O ❑ 1 _5 18'-72,� 15'-9" 18'-6" 4 SIM. D3 1 18'-6" 12'-8" 6'-22" 91'-8" BUILDING A 1/8" = V-0" SECOND LEVEL PLAN `v BUILDING TYPE IV 27'-11" 26'-42 1�4 37'-3y4 D3 o N — — — — — — — — 20 D3 4 D3 9 D2 Unit o o ° Unit 19 D3 _ 132-13 "� B11-A Unit 1313-0 9TYPEW D2 103 I 106 I ® 19 D3------------- ------------- -]� ------------- ------------- F M L ® ® JI 19 9 D3 D2_ cl J 11 D3 ° O � LA 7 D3 ❑—� ❑—❑=� 6 ° i--i--, ° 1 I 6 I D3 TYP. � J ® L J4 D3 D1 ® —J i CD J 9 D2 19 ® D1 i� I L—J 1Ej i 1 F- -1 ❑ — — ❑ D3 r- -1 II I L---1 I II STAIR L---1 II I L--JSTAIR 3 o m 1 '—---Ir-Ti rr— __�104 I 1 �22--� D1oUnit I�--�I 1 r=_rl I Unit �Unit--- �--- I --� I�--�I Ir= 1 11 I SIM. A22-B L--�I I A21 BAl 101 Ic — 1 -A Cl) 105 O 1 TYPE 'A' O 16 20 a E3 l `J o �o 1 _5 18'-72 - 18'-6" D3 SIM. 18'-6" 1 6-22" 91'-8" BUILDING A 1/8" = V-0" FIRST LEVEL PLAN BUILDING TYPE IV 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: B12 LEGEND EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 BUILDING B SECOND LEVEL PLAN 1/8" = V-0" BUILDING TYPE I-B BUILDING B FIRST LEVEL PLAN 1/8" = V-0" BUILDING TYPE I-B 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON V 0o N U) M M a O .� p ♦-+ M� W LL _0) W 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: :N] BUILDING B THIRD LEVEL PLAN 1/8" = V-0" BUILDING TYPE I-B L L U L N D EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON V 0o N U) M M a �— _a .� p ♦-0 M� W LL _0) W 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: v N LEGEND EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 135'-3" 4'-1" 37'-2" 26-4Y2" 26-4Y2 37'-2" 4'-1" 1 D3 8 D3 4 D3 2 n Unit C Unit 1312 D3 Unit 1311 Unit C 1 D1 ___ 1 0 rn TYP. 2 D3 2 D3 =--------- ��---� _____------- = MF7417- 8 D3 2 19 ® - ® O — O rl9'\Y 2 8 D3 � _� — c O O o — _ 1 _i -- r-PFE -- `.� -- I ---- ---- TYP. 7 -- `. -- PFE r / ® II 1 4 D3 ® 11 D3 2 D3 I 4 I ®I D3 1 12 D3 D1 J D3 I D1Cq TYP. 7 I I I 19 D3 I STAIR 1 I STAIR 1 1 I o 201 I I I 204 I I 205 I I 208 Unit E Unit A21 Unit A21 Unit E I I L® ° � I I O O I I IL-L-L ------- ❑ ❑ 4 4 ❑ ❑ 16 33'-4Y2" 15'-9" 18'-6" D3 SIM.18'-6" D4 15'-9" 33'-4Y2" 135'-3" BUILDING C SECOND LEVEL PLAN 1/8" = V-0" BUILDING TYPE II v� 135'-3" 4'-1" 37'-2" 26-4Y2" 26-4Y2" 37'-2" 4'-1" / N 1 13 SIM. 4 -------- 8 -------- 4 20 D3 D3 D3 D3 9 102 i i Unit D3 ••_ Unit�Unit C B i i® Unit C-13- �� , ______ 1312-13 B11-A �11 J1,1 ALT o ALT D2 0 r" 9 103 TYPE 'A' BUILDING C 106 TYP. ------------- z 9 _____-------=D2� �� MF 19 8 D3 9 19 ® L ® O D3 — (D 8 19 9 D3 ` ` -- -- r PFE — ❑—� I 11 7 ❑—� II �� —� FE r P 1� \ I� 4 6 I o L_ J ® 0 D3 I D3 ® TYP. ®I L_ J 4 6 LD3�--JI 12 E) D3 D1 I I D1 L__J I TYP. r 1 I1 D2 II I r-- STAIR 1 L--J 19 L__-1 STAIR C? rn 101 IFL �i ---Ir [ __ _ _ rr— -11 __ Unit D3 n _ _ „•Unit �� __� I�--�I I - Ir==�1 Unit 1 I�--�I I Ir==�1 r-- I - I J Unit o L® L , �___�_ - '1---' A21-B I I IL__J_Ell A11-A _�___11 � 1 0 Ell 1 104 ° O I TYPE A' 1 I 1 1 1 BUILDING C ' I I I O I I I OI `� I I I 113 4 16 I I I 113I 33'-4Y2" 15'-9" 18'-6" D3 SIM.18'-6" D4 15'-9" 33'-4Y2" 135'-3" BUILDING C 1/8" = V-0" FIRST LEVEL PLAN BUILDING TYPE II 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: 135'-3" 4'-1" 37'-2" 26-4y2" 26-4Y2 37'-2" 4'-1" 4 D3 8 1 4 20 D3 D3 D3 302 � U n it C n i i ii o �� Unit B 12 D3 19 D3 Unit B 11 I I i i 307 Unit C 1 D1 ii --- ___ 2 D3 2 D3 19------------- D3 �mI _____-------= 19 8 D3 2 19 19 2 D3 � _i — o O _� -- ON r-� PFE -- �/ -- I ---- ---- TYP. 7 , -- / �— ® I 4 D3 ® 11 D3 D3 I 4 D3 2 ®I 12 D3 p61 J D3 D I TYP. cq I I I 19 D3 I STAIR 1 I STAIR 1 I o 301 I I I I I 304 I I 305 308 Unit E �� I I Unit A21 0 ®® o Unit A21 I I J� Unit E I. o , CrIVI I I I o I� IL I I o I I o I I 4 II 33'-4y2" I I 15'-9" O 18'-6" O I I I I D3 SIM. 18'-6" D4 15'-9" ILI ii 33'-4 2„ 135'-3"momi BUILDING C THIRD LEVEL PLAN 1/8" = V-0" BUILDING TYPE II L L U L N D EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: :1 40 LEGEND EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 m m EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 PREFAB WINDOW WELL AS NEEDED 135'-3" 4'-V 37'-2" 26-4Y2" 26-4Y2 37'-2" 4'-1" / SIM. 4 D3 8 D3 4 D3 9 D3 n D2 i i 202 ;; Unit C-B V Unit 19 Unit Unit C-B D1 , --- B12-B Bi1-B ® J" D20 M 203 206 TYP. "' 9 9 D2 D2 19=------------ D3 -1 M _____-------=LJL�� 19 0 D3 12 ® ® (D — ® 12 ° ° 19 9 D7 D2 D3 �_� — o O -- / �I O o — �_� D3 D2 -- / LA _ -- -- ■■■■ ■■■■ ---- r PFE-- r J ---- TYP. -= ■■■■ ■■■■ -- — -- �_ _ 4 ° 11 ■ D3 ® D3 D3 4 ° ® D3 ■ . 12 2 D3 D7 D3 D7 TYP. STAIR 1 19 D3 � STAIR 1 0 201 204 205 208 0 0 Unit E Unit A21 Unit A21 -Ji Unit E I I I O O I I ❑ ❑ ❑ ❑ 4 " 33'-4/2" 15'-9" 18'-6" Sim.16 D318'-6" D4 15'-9" 33'-4y2" 135'-3" BUILDING D FIRST LEVEL PLAN 1/8" = V-0" BUILDING TYPE II-B BUILDING D BASEMENT LEVEL PLAN 1/8" = V-0" BUILDING TYPE II-B PREFAB WINDOW WELL AS NEEDED 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: LO L L U L N U EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 135'-3" 11 4'-1" 37'-2" 26'-4y2" 26'-4y2" 37'-2" 4'-1" / N SIM. 1 20 4 8 D3 4 D3 D3 n D3 1 2 ii n D3 i i 302 i i Unit C �� Unit 1312 19Lu307 D3 o ii • Unit 1311 D1 Unit C 1 --- ___b Li )III 303 306 O D3 2 2 D3 D3 19------------- I 19 F 12 ® — L ® D7 2 19 ® 12 ° 19 2 D7 D3 D3 — O O o — / � D3 D3 - - / -- i _ -� PFE �.� TYP.- NEON NOON -- - ° - - 7 PFE I Q0 4 O ■ D3 O� ° D3 D3 4 I 12 � D3 ■ E)D3 2 0 2 �, D7 2 D3 D7 TYP. 19 D3 STAIR 1 ■ ■ STAIR 1 0 301 304 305 0 rn Unit E ;L Unit A21 �� Unit A21 J; Unit E 0 O O 33'-4Y2" 4 SIM 16 18'-6" D3 18'-6" D4 33'-4Y2" 15'-9" 15' 9" 135'-3" BUILDING D SECOND LEVEL PLAN 1/8" = V-0" BUILDING TYPE II-B v� IN 135'-3" 4'-1" 37'-2" 26-4Y2" 26'-4y2" 37'-2" 4'-1" / N 1 20 4 D3 D3 8 D3 n 4 D3 1 2 n n D3 402 i i Unit C �� Unit 1312 19 i i 407 D3 • o ii • D1 Unit B11 Unit C 1 II 403 406 ® D3 2 2 D3 D3 =______------ ° D3 °® r ------- ®° IF D3 12 ® L ® D7 2 19 (DJ - . 12 19 2 D7 o O D3 D3 _i ---- - - NONE NEON _� -- r-PFE `.� ---- TYP. ONE- NOON 1,- - 7 PFE r I N ® 4 11 D3 D3 ■ O - D3 4 12 D3 D3 2 - O ■ 2 D7 2 D7 TYP. c1c D3 L[ ;:�D STAIR 1 ■ ■ STAIR 1 0 0 401 404 405 408ro 0 Unit E ;L Unit A21 �E] Unit A21 J; Unit E o o ii O I O 33'-4Y2" 15'-9" 18'-6" SIM 3 . 18'-6" D4 15'-9" 33'-4Y2" 135'-3" BUILDING D 1/8" = V-0" THIRD LEVEL PLAN BUILDING TYPE II-B 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 I AJC/RK Sheet No.: B10 LLULINI U EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 135'-3" 4'-1" 37'-2" 26-4Y2" 26-4Y2" 37'-2" 4'-1" 1 4 D3 8 D3 4 D3 n 2 • i i� Unit C �� Unit 1312 D3 �i i • 1 Unit 1311 Unit C D1 , --- �� O 203 -- 206 O D2 TYP. 2 D3 2 D3 JI °D3 I F I F ------------- D3 ° L - 8 ° ° D3 2 19 _ ® 8 E)® 19 2 D3 D3 D3 o O O o ' - ��-- "� -- --- -- �1 -- PFE 1 r 1 ---- - TYP. -- �— --- -- \�_ 7 I PFE O 11 I 4 1 ° D3 D3 10 D3 I 4 1 D3 2 G. I I D3 6 D1 � LL1g 2 6 D3 � D1 TYP. c1c D3 I STAIR 1 1 I 1 STAIR 1 9 0 201 I 1 204 1 205 I I 208 Unit E �L ; Unit A21 BE] Unit A21 ; Unit E o 0 1 1 ii O I I O I I ❑ ❑ ❑ 1633'-4Y2" 15' 9" 18'-6" @SIM. 18'-6" D4 15'-9" 33'-4Y2" 135'-3" BUILDING E SECOND LEVEL PLAN 1/8" = 1'-0" BUILDING TYPE II v� Cv� 135'-3" 4'-1" 37'-2" 26-4Y2" 26-4Y2" 37'-2" 4'-1" 1 SIM. 4 _ _ _ 8 _ 4 20 D3 D3 D3 D3 9 Unit D2 19 Unit ®i • C-13 i i® D3 iUnit Unit C-13- �� , 1312-13 1311-A 1 ALT O ALT D2 0 M 103 9 TYPE 'A' BUILDING C 106 TYP. D2(9 ------- °�� ®° � z 8 D3 9 19 ° L ° ® E) J' ° E)8 ° 19 9 D3 D2 D3 o O O o -- r-� IPFE ® 4 I I�--�D3 J 6 L— J �O D3 D3 0 ® 7 r TYP. ()IL J 4 6 LD3�--_I 12 ® D3 L J D1 I I D1 L--J ES TYP. --I r-I 1' STAIR l I L—J I II I D2 L--J 19 STAIR 1 9 0 101 I 1 rJL-- IT�i I II- 1� �I� — — �I - -- rr— I �I — — - -- UnitUnit D3 I �---ir71--— 105 1 I[ I -- 11 ]I--.„� _-I I��lJn�t ILL 1 --� I�--�I I® I I�--�I r-- I Ji Unit ;; E—B L i — IC--JI ��___�_ A21-B I IL__JI AlA11-A-�___�L — i ;; �, E-B 104 ON O I TYPE 'A' I BUILDING C ' I I I a I I I E3 I I I IN 0 I I I O I 33'-4Y2" 15'-9" 18'-6" SIM D3 .18'-6" D4 15'-9" 33'-4Y2" 135'-3" BUILDING E 1/8" = 1'-0" FIRST LEVEL PLAN BUILDING TYPE II V W V Q S 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com Copyright 2022 MilbrIt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON w M L ■ O 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 I AJC/RK Sheet No.: LO 135'-3" 4'-1" 37'-2" 26-4y2" 26-4Y2 37'-2" 4'-1" 4 D3 8 1 4 20 D3 D3 D3 302 Unit C i i 1F Unit B12 D3 � 19 Unit B11 i i 307 Unit C 1 D1 II ___ D2 o TYP. 2 D3 2 D3 19------------- D3 �� ------------- 19 � �� D3 8 D3 2 19 ® L ® ® — O 19 2 8 D3 D3 D3 L _ — o O O o — L _ D3 D3 _i -- --- -- r- PFE — — ` / — — I ---- ---- TYP. -- --- 7 — — — — PFE r I I / — -- �_ ® I 4 D3 ® 11 D3 D3 I 4 I D3 2 ®I I 12 D3 6 D1 JI' 6 D3 L D1 TYP. Cfl I I I 19 D3 I 1 STAIR 1 I STAIR 1 I o ry)301 I I I I I 304 I I I 305 I I 308 Unit E 1� I I Unit A21 BE] Unit A21 I I J� Unit E �� o ,® , ILEI I �� B o I I HO 33'-4Y2" I 15'-9" O � 18'-6" O I I 4 16 D3 SIM. 18'-6" D4 15' 9" 33'-4 2„ 135'-3" BUILDING E THIRD LEVEL PLAN 1/8" = V-0" BUILDING TYPE II L L U L N D EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: :1 40 LEGEND EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 BUILDING F SECOND LEVEL PLAN 1/8" = V-0" BUILDING TYPE I BUILDING F FIRST LEVEL PLAN BUILDING TYPE I 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON L N L p ■ 0 LL 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: BUILDING F THIRD LEVEL PLAN 1/8" = V-0" BUILDING TYPE I L L U L N U EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON L N L p 0 LL 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: III I 33'-4yz" 15'-9" 33'-4)/2" BUILDING G THIRD LEVEL PLAN 1/8" = 1'-0" BUILDING TYPE V LEGEND EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 BUILDING G SECOND LEVEL PLAN 1/8" = 1'-0" BUILDING TYPE V BUILDING G FIRST LEVEL PLAN 1/8" = 1'-0" BUILDING TYPE V C V W H V Q S 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved \11326 REGISTERED ARCHITECT STAA V N t _M a L 0 ._ 0 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 I AJC/RK Sheet No.: B13 LEGEND EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EM EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 v N 135'-3" 4'-1" 37'-2" 26-4Y2" 26-4Y2 37'-2" 4'-1" /N 1 SIM. 20 4 D3 8 D3 4 D3 D3 II 2 r I 202 Unit C II II II o �� --- Unit B 12 D3 D3 Unit B11 ___ II o II U nit C II� I IL- ® 203 206 ® JI I o rn I I 2 D3 2 D3 D= _®_____ IF _____®IF = 19D1 -71 1 8 D2 D3 2 19 D3 D3 —J — o O 1g 2 TYP. _i -- r-IPFE -- �/ -- 1 4 I ---- 11 � ---- TYP. -= 7 I -- -- PFEI-- D3 I 4 I I 1 1 8 ® D3 E)2 D3 D3 A ® D3 D3 6 D1 J� 6 D3 D1 I TYP. I I I 19 D3 I STAIR 1 I STAIR 1 1 I o 201 I I I 204 I I 205 I I I 208 Unit E 1L Unit A21 0 I ®® o Unit A21 I I J� Unit E II o , I I I o II ;LII I I °1 17rL- I I O O I I Ar 4 16 El 33'-4Y2" 15'-9" 18'-6" D3 SIM. W-6" D4 15'-9" 33'-4Y2" 135'-3" BUILDING H SECOND LEVEL PLAN 1/8" = V-0" BUILDING TYPE II -A v� 135'-3" 4'-1" 37'-2" 26-4Y2" 26-4Y2" 37'-2" 4'-1" / N 1 SIM. 13 20 4 D3 -------- 8 D3 -------- 4 D3 D3 9 102 Unit C-B i i II ® �� Unit D2 19 D3 Unit ®o II 107 Unit C ALT II II , ___ ®� B12-B 1311-B ___ ® _g II JII ALT D2 0 V rn 9 103 106 9 TYP. D2 D2 19------------- D3 �� F _____-------= 19 �� D3 8 ® - L ® O - O 8 D3 9 19 D2 D3 _J U El ri 9'\Y 9 D3 r- PFE ❑ _ / ❑ — ❑ I 11 7 ❑ — ❑ I 1 1 4 1 IL---LD3 J I 6 1 —J ® 9 D3 D3 I 0 ®. L_ 6 4 LD3�--�1 12 ® D3 L__-1 D1 J D2 D1 TYP. li F- -1 II 19 D3 — — � II _ r l STAIR L--J L--L STAIR l o 'Y1 Unit �� -Ir L--JIB — — __ __� I�=_�I rr— — — __ Unit I —7r ---ice I I[ — — 1 __ Unit 1 I�--�1 �I 71 ] — — ��J--JI __ I r-- I 108 �II J Unit o ;; E-B L , I — Ir__�I i — I�__JI JI___1L_ _ A21 B I I Ir__�I A21-B I IL__JI _�___� — i �;I E-B ii I 1 1 I 104 0 O 0 O 1 105 1 I 1 1I I LL I I I I O I I I OI `� I I I 10 4 16 I I I OI 33'-4y2" 15'-9" 18'-6" D3 SIM. 18'-6" D4 15' 9" 33'-4y2" 135'-3" MEMO BUILDING H 1/8" = V-0" FIRST LEVEL PLAN BUILDING TYPE II -A 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: LO 135'-3" 4'-V 37'-2" 26-4Y2" 26-4Y2 37'-2" 4'-1" 1 SIM. 20 4 D3 8 D3 4 D3 D3 2 302 Unit C n �� i i �� Unit B 12 D3 19 D3 Unit B 11 I I II 307 Unit C 1 D1 ii� --- ___ L� JI D2 2 D3 2 D3 19------------- D3 �� _____-------= 19 MF D3 8 D3 2 19 ® ® ® — O 19 2 8 7 "I _ D3 D3 _ — o O O o — _ / / -- I r-PFE -- �/ -- 1 TYP. -� � 7 -- -- PFE r , I \ -- 1 / 1- ® 11 D3 I 4 D3 ® D3 1 4 2 ®I D3 12 D3 D1 J i D3 ii � D1 I TYP. I I I 19 D3 I STAIR 1 I STAIR 1 I o 0 301 I I I I I 304 I I 305 1 308 Unit E �� 1 Unit A21 0 I ®® o Unit A21 I I J� Unit E I I I o ii o 0 1 I 4 33'-4Y2" � I I O I I 15'-9" W-6" O I I D3 SIM. W-6" D4 15'-9" 33'-4 2„ 135'-3" BUILDING H THIRD LEVEL PLAN 1/8" = V-0" BUILDING TYPE II -A L L U L N D EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: 21-35 MURK Sheet No.: r L E G E N D EXTENT OF 1-HR FIRE PARTITION UNIT/UNIT SEPARATION, SEE DETAIL 19/D3 IME ME MIN EXTENT OF 1-HR FIRE PARTITION UNIT/STAIR SEPARATION, SEE DETAIL 6/D1 ® EXTENT OF 2-HR SHAFT WALL UNIT/STAIR SEPARATION, SEE DETAIL 2/D7 PFE PORTABLE FIRE EXTINGUISHER (CLASS 3A:10B:C - U.N.O.), MAXIMUM TRAVEL DISTANCE TO EXTINGUISHER TO BE 75'. SEE DETAIL 20/D1 0 w 0 z 0 J rn LO 0 0 55'-10" 27'-11" 27'-11" 20 16 D3 402 Unit B2 i i 1°J 403 Unit B2 ill -1:i co N 19 D3 2 D3 L) 19 8 D3 J 19 D3 D3 2 2 D3 D3 No ® NONE 4 D3 ® 3 D3 TYP. 7 D3 r 2 D7 TYP. STAIR 2 0 N m 401 404 ° Unit A22 Unit A22 °1 O :_j 18'-7y2„ 15'-9 O 5 55'-10" BUILDING 1/8" = V-0" (2-') A E6 THIRD LEVEL PLAN BUILDING TYPE III 55'-10" 27'-11" 27'-11" i 20 D3 302 i i 303 Unit B2 Unit B2 11F N 19 D3 2 ® D3 19 19 8 D3 PD D3 D3 2 2 D3 D3 NONE NONE 3 D3 4 7 ® � D3 ® TYP D3 2 I TYP. STAIR 2 0 M _ _ 301 304 ° Unit A22 Unit A22 ON O C� :1 '-5 18'-7 2" 15'-9 7-7Y2 5' 55'-10" BUILDING 1/8" = V-0" SECOND LEVEL PLAN BUILDING TYPE III MEN 55-10" 27'-11" 27'-11" 20 D3 202 i i 203 nit B2- EP nit B2- i-- --T co ri 9'� L) ® D3 7 D3 TYP. D3 19 8 D3 D3 MEMO NOON 3 4 123 D3 ® SIM ® r 2 D7 J STAIR 2 N I 201 204 � I I Unit A22 Unit A22 °1 O O I u � 5 18'-7y215' 9 8'-7�2 5' I J 55'-10" N m BUILDING FIRST LEVEL PLAN 1/8" = V-0" BUILDING TYPE III BUILDING) BASEMENT LEVEL PLAN 1/8" = 1'-0" BUILDING TYPE III 25 Central Way, Suite 210 Kirkland, Washington 98033 P:425.454.7130 F:425.658.1208 Web: www.milbrandtarch.com © Copyright 2022 Milbrandt Architects, INC., P.S. All rights reserved 11326 REGISTERED \ ARCHITECT AVID J. VINCENT STATE OF WASHINGTON LL 2102 Sedgwick Apartments Port Orchard, WA The Rush Companies Revisions _ No. Date Description Initial Publish Date: 6-24-22 Date Plotted: 9-29-22 Job No.: Drawn By: A, I AJC/RK Sheet No.: B 11 Sales Tax Collections Population Summary of Budget to Actuals MIL Biennial Budget Actual 6,735,000 5,340,000 12,075,000 6,801,337 7,783,763 14,585,099 Over/Under $ 66,337 $ 2,443,763 1 $ 2,510,099 Actuals ir 2021 2022 Biennial January February March April May June July August September October November December $ 502,448 $ 625,058 481,233 456,673 603,566 590,896 605,455 621,368 603,523 $ 572,116 598,570 540,431 543,145 626,678 524,545 548,118 665,944 682,922 668,890 742,304 707,709 693,521 730,655 649,332 $ 1,045,593 $ 1,251,736 $ 1,005,778 $ 1,004,791 $ 1,269,510 $ 1,273,818 $ 1,274,345 $ 1,363,672 $ 1,311,232 $ 1,265,637 $ 1,329,224 $ 1,189,763 Total $ 6,801,337 $ 7,783,763 $ 14,585,099 Percentage of Biennial Budget Received 121% Actuals Year over Year % Change Change $ 40,697 8.10% $ 1,621 0.26% $ 43,311 9.00% $ 91,445 20.02% $ 62,378 10.33% $ 92,026 15.57% $ 63,435 10.48% $ 120,936 19.46% $ 104,186 17.26% $ 121,406 21.22% $ 132,085 22.07% $ 108,901 20.15% $ 982,426 14.44% Real Estate Excise Tax (REET) Collections Summary of Budget to Actuals 2021 2022 Biennial Budget Actual $ 2,050,000 $ 1,808,000 2,049,121 1,945,903 $ 3,858,000 3,995,023 Over/Under I $ (880) $ 137,903 $ 137,023 100% 108% Actuals 2021 2022 Biennial January February March April May June July August September October November December $ $ $ $ $ $ $ $ $ $ $ $ 73,375 $ 220,864 167,145 178,846 112,705 144,431 505,628 141,915 221,545 89,233 96,061 97,373 82,213 166,226 204,469 126,410 151,824 190,761 249,922 172,743 181,406 151,035 121,635 147,258 $ 155,589 $ 387,090 $ 371,615 $ 305,255 $ 264,529 $ 335,192 $ 755,550 $ 314,658 $ 402,951 $ 240,267 $ 217,696 $ 244,631 Total $ 2,049,121 $ 1,945,903 $ 3,995,023 Percentage of Biennial Budget Received 104% Actuals Year over Year % Change Change $ 8,838 12.05% $ (54,637) -24.74% $ 37,324 22.33% $ (52,436) -29.32% $ 39,119 34.71 % $ 46,329 32.08% $ (255,705) -50.57% $ 30,829 21.72% $ (40,139) -18.12% $ 61,802 69.26% $ 25,574 26.62% $ 49,885 51.23% $ (103,218) -5.04% Budget 2022 estimated Budget vs Actual % based on Syr avg (Over/Under) Over/Under $ 406,968 $ 136,177 33.5% $ 502,112 $ 124,566 24.8% $ 373,269 $ 151,276 40.5% $ 354,303 $ 193,815 54.7% $ 437,214 $ 228,729 52.3% $ 426,421 $ 256,501 60.2% $ 475,696 $ 193,194 40.6% $ 496,582 $ 245,722 49.5% $ 471,982 $ 235,727 49.9% $ 469,230 $ 224,291 47.8% $ 483,873 $ 246,782 51.0% $ 442,349 1 $ 206,9831 46.8% $ 5,340,000 1 $ 2,443,763 1 45.76% Budget 2022 estimated Budget vs Actual % based on Syr avg 16, (Over/Under) Over/Under $ 81,283 $ 931 1.1% $ 119,474 $ 46,752 39.1% $ 190,285 $ 14,184 7.5% $ 131,898 $ (5,489) -4.2% $ 114,470 $ 37,353 32.6% $ 145,344 $ 45,417 31.2% $ 248,433 $ 1,489 0.6% $ 144,487 $ 28,257 19.6% $ 183,543 $ (2,137) -1.2% $ 152,142 $ (1,108) -0.7% $ 110,133 $ 11,502 10.4% $ 186,507 $ (39,249) -21.0% $ 1,808,000 $ 137,903 8% Low Income Discounted Utility Rate Program WHAT IS THE PROGRAM The City of Port Orchard offers reduced base rates for citizens with low income. Base rates for water, sewer, and storm utility services are designated in POMC 13.04 &13.06. DEFINITIONS FOR THE PROGRAM Low Income — A citizen(s) whose total household annual income does not exceed 125% of the U.S. Census Department's poverty threshold. Household Income — Includes all salary, wages, interest, dividends, and other earnings which are reportable for federal income tax purposes, and cash payments such as reimbursement received from pensions, annuities, social security, and public assistance programs. Also, included in income are any contributions received from any family member or other person who is living in the same residence as the applicant applying for reduced utility rates and who is helping defray such applicants living costs. Low Income Discounted Utility Rate Program Residential Utility Rate for Low Income Citizen Poverty Thresholds by size of Family and Number of Related Children Under 18 Years Old: 2021 Size of family unit One person (unrelated individual): Under age 65 Aged 65 and older Two people: Householder under age 65 Householder aged 65 and over Three people Four people Five people Six people Seven people Eight people Nine or more people Source: U.S. Census Bureau. published February of each year Poverty Thresholds: 2021 [<1.0 MB1 125% of 125% of 125% of 125% of 125% of weighted weighted weighted weighted weighted threshold 0 threshold 1 threshold 2 threshold threshold 4 children child children 3 children children $17,621.25 $16,245.00 $23,346.25 $23,257.50 $27,263.75 $27,288.75 $35,507.50 $34,348.75 $34,468.75 $42,743.75 $41,435.00 $40,442.50 $39,803.75 $48,651.25 $47,648.75 $46,687.50 $45,258.75 $561-106.25 $54.1906.25 $54,068.75 $521-511.25 $62,911.25 $61,778.75 $60,786.25 $59,378.75 $75,378.75 $74,376.25 $73,535.00 $72,152.50 Low Income Discounted Utility Rate Program WHAT ARE THE DISCOUNTED RATES: Residential Utility Rate for Low Income Citizen Al I uti I iti e s rate with d i scou nt Reduction 2.5% Current rate Reduction from base Nev,; lova income base rate water base rate .53.50 13.33 5 40.13 surer base rate 163.00 $ 40.75 122-25 storm base rate 28.00 7.00 21.00 1* Water base rate + water consumption will be on billing statements Low Income Discounted Utility Rate Program ESTIMATED FINANCIAL IMPACT (REDUCED REVENUE): (25% DISCOUNT) Utility Billing Cycle Annual Water Base: $13.38 $80.28 Sewer Base: $40.75 $244.50 Storm Base: $7.00 $42 Total Impact: $61.13 $366.78 Example: If 25 citizens are approved for program annual impact would be $9,169.50 City Hall Improvements -$8.5 million: Project is currently in Design Phase (30%-100%) for improving the building exterior including roofing, siding, windows and HVAC system. Categor; Design to Ad (100%) Construction F I Start 10.01.2020 F Completion 03.01.2023 CosI $550, 000 $8, 5501000 It's estimated if project were delayed 1-year costs could increase by as much as 10% or - $800,000 Funding Sources Amount ash/Debt Real Estate Excise Tax 1 $432,985 91Cash $325,000-$400,000 $275,000-$250,000 Budgeted Memorandum of Agreement between the City of Port Orchard and The Port of Bremerton Concerning the Allocation and Control of Parking on Waterfront Property City Contract No. 034-11 This Memorandum of Agreement (MOA ) supersedes and replaces the previous agreement between the Port of Bremerton ("Port")and the City of Port Orchard ("City") (hereafter collectively referred to as "the parties") dated February 13, 1996 (see Exhibit A). Background: The Port currently controls 30 parking spaces adjacent to the Port's Port Orchard Marina Park ("Lot #4"). These parking spaces are located on two property parcels; one parcel is owned by the Port and the other parcel is leased by the Port from the Washington State Department of Natural Resources ("WADNR"). The Port uses these spaces for Port Orchard Marina tenant parking and Marina Park parking. The City of Port Orchard ("City") currently controls 32 spaces in two rows directly in front of the Port's Port Orchard Marina office ("Lot #r") that the Port propose to occupy. These parking spaces (both merchant/paid parking and 4-hour parking) are located on a property parcel leased by the City from WADNR. The City also controls 87 spaces (both merchant/paid and paid) on, or partially on, a Port owned parcel of land on the waterfront accessed off Harrison Avenue (see Exhibit B, which is attached and incorporated by reference). Discussion: Over time, the configuration of the waterfront and the impact of community events and business operations have made it advantageous for the City and the Port to exchange responsibility for the control of Lots #r and #4. The major impacts driving the need to change are: • The Port's Lot #4 spaces are sometimes underutilized due to the inconvenient distance of the lot from the marina gates. As a result, the boaters are more likely to use the 4-hour no -fee City parking in other lots nearer the marina gates, including Lot # r. • When the Farmers Market is in operation adjacent to Lot #4, marina tenants using Lot #4 must drive through parts of the Farmer's Market. This is a safety concern for both the City and the Port. This also causes marina tenants to underutilize this lot and park in the no -fee City parking. • When marina tenants use the no -fee City parking it lowers the number of spaces available for local merchant customers to park. • Very few customers of local businesses use Lot #r. Most of the spaces in Lot #r are used by commuters and merchants who would not be adversely impacted by using Lot #4. • Community events frequently (3 to 5 times a year) require the Port to vacate its Lot #4 spaces and move marina tenant parking to 32 spaces in Lot #r which have been vacated by the City for the event. This causes major disruption to the marina tenants who are the customers of the largest single downtown business in Port Orchard. In addition, this temporary swapping of parking spaces causes significant confusion amongst the public. • The City's recent switch to an electronic paid parking system for the spaces accessed off Harrison Avenue. • Parking needs associated with the Port's future Marina Park Expansion project. Agreement: The Port and the City agree that it is in their best interest, and in the best interest of the public, to modify the current arrangement of parking management effective April 4, 2011 subject to the following: L Attached hereto and incorporated by reference is Exhibit C which depicts the proposed parking as described herein. 2. The City will retain control of the 87 (both merchant/paid and paid) spaces on the Port property accessed off Harrison Avenue. 3. The Port agrees to vacate all 30 parking spaces in Lot #4 and turn over control of those spaces to the City. The rl existing waterfront spaces (Lot#4) will be converted into nine (9) 2-hour Marina Park parking spaces, one (r) ADA stall with ramp and parking enforcement provided by the City. 4. The City agrees to vacate 32 of its merchant/paid parking spaces in the second and third row in Lot # r and turn over control of those spaces to the Port. Port of Bremerton Contract No. 034-11 Page 2 of 3 5. In consideration for a net gain of one parking space the Port agrees to take over from the City the grounds keeping responsibilities of the landscaped areas in the City's Lot #2 in front of the Port Orchard Marina at no cost to the City. 6. The City will maintain and enforce the 11 spaces (to regular plus one ADA stall with ramp) facing the boardwalk in Lot #4 as 2-hour Marina Park parking to support public access to, and use of, the Port Orchard Marina Park and the planned waterfront trail. 7. The Port and the City will be responsible for signage and stripe painting revisions for the new parking spaces each acquired as a result of this agreement. 8. The City and the Port will establish and enforce their own rules for parking for the spaces they control regardless of which entity owns or leases the property where the parking spaces are located. 9. The City will have exclusive control of all other parking spaces in the downtown area, except for those spaces which are on private property and not allocated for City management by the property owner. to. Parking enforcement by the City will be limited to those spaces under the exclusive control of the City. The City Parking Enforcement Person will not enforce Port parking rules. The City police will have parking enforcement authority in the Port parking areas. it. Routine cleaning by the City Public Works Department will include both City and Port parking areas. 12. Closure of either party's parking areas will not be done without express consent of that party. 13. The City and the Port will keep each other informed of their parking regulations for their allocated areas. However, neither party can negate the parking regulations of the other. 14. The term of this agreement shall be ongoing unless terminated by written agreement or with 18o-day written notification. 15. The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of salve, but the salve shall be and remain in full force and effect. 16. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification by any third party. 17. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 18. Each individual executing this Agreement on behalf a party represents and warrants that such individual is duly authorized to execute and deliver the Agreement. i9. All notices and other communications to be given by either party may be given in writing to the appropriate party as follows: City Clerk City of Port Orchard 216 Prospect St. Port Orchard, WA 98366 (360)876-4407 Chief Executive Officer Port of Bremerton 8850 S.W. State HwY.3 Port Orchard, WA 98367 (360) 674-2381 below: Port of Bremerton Contract No. 034-11 Page 3 of 3 IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth Cary Bo eman, Chief Executive Officer Port of :"/� Bremerto�n��,� Dated , , vv t` MEMORANDUM OF UNDERSTANDING DOWNTOWN PARKING This Memorandum of Understanding, MOU, is meant to replace previous arrangements between the Port of Bremerton, hereinafter referred to as the PORT, and the City of Port Orchard, hereinafter referred to as the CITY. The MOU will be effective for one year and then reviewed by both the CITY and PORT. The purpose of the that annual review will be to draft the joint resolution to formally adopt the downtown parking arrangements Effective 1 January 1996, the following parking assignments are made, as shown by Enclosure 1: 1. The PORT will have exclusive control of the north row of parking spaces in front of the Harbor Master's office. 2. The PORT will have exclusive control of the 31 spaces in the vicinity of the Waterfront Park. 3. The CITY will have exclusive control of all other parking spaces in the downtown area, except for those spaces which are on private property and not allocated for CITY management by the property owner. Parking enforcement by the City will be limited to those spaces under the exclusive control by the CITY. The CITY Parking Enforcement Person will not enforce PORT parking rules. The CITY Police will have parking enforcement authority in the PORT parking areas. Routine cleaning by the CITY Public Works will include both CITY and PORT parking areas. Closure of either party's parking areas will not be done without express consent of that party. The CITY and PORT will keep each informed of their parking regulations for their allocated areas. However, neither party can negate the parking regulations of the other. PORT OF BREM4RTON CIT OFOR4 ORCHARD Secretary u 7«.. all Mar Ann Huntingt Commissioner Leslie-J. Weatherill Mayor ATTESTED BY: Patricia Parks City Clerk DATE OF DOCUMENT: 24 SPACES, 4 HR FREE 15 SPACES, CONTROLLED BY PORT 16 SPACES FOR MERCHANT'S PASSES 31 SPACES, CONTROLLED BY PORT 24 SPACES, LANDSCAPING AREA 'Zf 94 SPACES, CITY PAID PARKING HOUR PARKING 1 HR & MERCHANT'S PASSES . 13 SPACES, 4 HOUR, FREE / \ s i///////— / I ° O y ENCLOSURE 1: CITY/P❑RT MOU M ;Mm iN Lh4 JfR Li O° �D oo" �o °° o J c� X