Loading...
HomeMy WebLinkAboutResolution 96-14 04/02/1996 . . . \ \. ATTACHMENT I RESOLUTION NO. 96-14 RESOLUTION OF FINDINGS TO TERMINATE SPRINGWOOD, INC. 'S PROPERTY TAX EXEMPTION THROUGH THE CITY OF SPRINGFIELD'S PROPERTY TAX EXEMPTION FOR NEW lOW-INCOME ELDERLY RENTAL HOUSING PROGRAM WHEREAS, by Ordinance No. 5667, Exhibit A, the City enacted a Property Tax Exemption Program for new low-income elderly rental housing, and WHEREAS, on June 21, 1993, pursuant to such Program, the City granted Springwood, Inc., a 20-year property tax exemption of $100,000 annually for the construction of 429 units of very low-income elderly housing on 29th and Main in Springfield, Oregon, and WHEREAS, on the basis of information provided by staff, the Council finds with respect to said Springw0od, lAC. the following: (a) The Applicarnt has,r:lot complied with the requirements of ORS 307.529, Exhibit 8, aA~fOtairiance No. 5667 by not completing the construction of the housing units within two years after June 21, 1993 and it remains uncompleted to date, and (b) The Applicant has not met criteria set forth in ORS 307.515 or 307.518 which requires the Applicant to create affordable rental housing for low-income individuals by having the rent payments reflect the full value of the property tax exemption, and @ The Applicant has not complied with the provisions of Ordinance No. 5667 and the standards and guidelines adopted by Council Resolution No. 93-15, Exhibit C, which require the beneficiaries of the property tax exemption to be low-income elderly .individuals, who meet the age requirements of the Fair Housing Amendments Act of 1988, as implemented in volume 54, Federal Register No. 13, Sections 100.302, 100.303, and 100.304, and (d) The Applicant has not met the conditions imposed in Resolution No. 93-34, the resolution approving the Springwood application, Exhibit D, by not constructing 429 units of affordable rental housing for elderly individuals within two years of application approval, and WHEREAS, no extensions or exceptions have been provided by the Council to the Applicant from the requirements specified herein above. 2 / . . . . ~ NOW THEREFORE, on the basis of the foregoing recitals which are expressly made findings the Common Council hereby determines as follows: 1. The City Manager is directed to send a notice of proposed termination of the exemption to the owner by mailing a notice to the last known address of the owner and to every known lender by mailing the notice to the last known address of every known lender. 2. The notice will state the City's proposed termination of the exemption. 3. The notice shall stat~ the reasons for the proposed termination as set forth in the whereas clauses preceding and shall require the owner to appear at a City Council meeting on May 6, 1996 which is not less than 20 days after mailing of the notice, to show cause, if any, as to why the exemption should not be terminated. 4. If the owner fails to appear and show cause as to why the exemption should not be terminated, the City shall notify every known lender and shall allow any lender not less than 30 days after the date the notice of the failure to appear and show cause is mailed to cure any noncompliance or to provide assurance adequate to the Council that all noncompliance shall be remedied. . 5. If the owner fails to appear and show cause as to why the exemption should not be terminated and lenders fail to cure or give adequate assurance of the cure of any noncompliance, the Council shall adopt an ordinance or resolution stating its findings and terminating the exempti0n. 6. A copy of the ordinance or resolution terminating the exemption shall be filed with the County Assessor and a copy shall be sent to the owner at the owner's last known address and to any lenders at the last known address of the lenders within ten days after adoption. The foregoing resolution was adopted by the Common Council and approved by the Mayor of the City of Springfield this ~ day of Apri 1 , 1996. ~~J!~4 ayor Attest: _~u~ City Recorder ~. ... ~."-. \. .~' -. ~ ;0. t\.-./k~~<~.3 ~J' ~~~ 3 ,.C<f'G FO;ii"~ ~ ,~~~~ ~- ~ ~J.IE ~":\~'""' 2. \, t'i~~" Of+[(;[: O~= crrv ATIORi\IEV .. ~r~ -.\. .. ~ ,.~,~,~~~.~;~;~ :L~::~_ ,OJ . _..:.:\.~~\\..:':: :,J :,~i.;i :.;~ -J' . . . . . '--:~. -:.") f,XHIBIT A ORDIl~Jl..1;CE :;0. :'667 ~~ ORDINANCE CONCE~~rNG PROPERTY TAX EXEMPTION FOR NEW LOW-INCOHE HOUSING; ADDING ARTICLE XIV "TAX EXEMPTION FOR NEW LOW-INCOME HOUSING", AND SECTIONS 2-14-1 THROUGH 2-14-4 TO THE SPRI1~G:rI:t:LD CODE 1965 x;u J~CL:'_,:i:~G X.~ 2.;:ERGE.JCi. THE CITY OF SPRINGFIELD, OREGON, DOES ORDAIN AS FOLLOWS: section 1: There is hereby added to the Springfield Code 1965 a new Article XIV-and Sections 2-14-1 through 2-14-4 of said Article. and reading as follows:' "Article XIV Tax Exemotion for New Low-Income Housinq 2-14-1 Intent. It is the intent of this Ordinance to give effect to and adopt the provisions ORS 307.515 through ORS 307.537 as amended. 2-14-2 Definitions. For purposes of section 2-14-2 to 2-14-4, the following words and phrases mean: - (1) city Manaaer. The City Manager of the city of Springfield, or the City Manager's designee. (2) Low-Income. Income lower than established for very low-income families as defined by 42 U.S.C. section 1437a(b) (2) as amended before December 1, 1984. 2-14-3 Low-Income Rental Housinq Property Tax Exemption - Application. (1) An Application for exemption from property taxes hereunder for low-income rental housing units constructed after the effective date of Sections 2-14-1 to 2-14-5 of this Code shall be filed with the City Manager, on a form provided by the city Manager, which._sp..all contain the following: (a) A description of the property, or portion thereof, for which the exemption is requested; (b) A description of the purpose of the project and whether all or a portion of the property will be used for that purpose; (c) A certification of the income levels of low-income Occupants; ORDINANCE - Page 1 A-I 'ORDIN~HCE NO.5667 PAGE 3 ( d) The housing units on the property were constructed after the effective date of Sections 2-14-1 to 2-14-5 of this Code; . (e) The-policies set forth in the Standards and Guidelines for Low-Income Rental Housing Tax ~xemption adopted by Council nesolution; (f) The proposed development does not cause displacement of low-income persons unless the City and developer can reach agreement on provisions (to be provided by the developer) that reflect satisfactory mitigation thereof; (g) The proposed ~evelopment does not cause destruction of historic structur'es unless criteria established in Article 30.100 of the Springfield Development Code, 1986, are met, and destruction is granted by the Historical Commission; and (h) The proposed development is otherwise consistent with this Code and adopted City regulations and policies. . (3) As an alternative to an Application considered under subsection (2) of this section, the city Manager shall recommend approval of an Application, and the Council shall grant the exemption upon determining the applicant meets the criteria set forth in subsections (2) (e), (f), (g) and (h) of this section and all the following criteria: (a) If unoccupied, the property is offered for rental solely as a residence for low-income persons; (b) If occupied, the property is occupied solely as a residence for low-income persons; (c) The applicant's Application was filed prior to July I, 2000; (d). -The property is owned or being purchased by a nonprofit corporation organized in a manner that meets the criteria for a public benefit corporation, as desc~ibed under ORS 65.001(31) or for a religious corporation, as described under ORS 65.001(33); and . (e) The property is owned or being purchased by a nonprofit corporation that expends no more than ten percent,of i~s annual income from residential rentals for1purpo$es other than acquisition, maintenance or repair of residential rental property for low-income persons. ORDINANCE - Page 3 A-e{ ORDI ~iA'~C~ ~W. ::57 PAGE 5 . I, 2000, and no extensions or exceptions as proviced in sU2section (4) hereof have been granted; or, ( b) The applicant has failed to comply with the pruvisions of C^S 307.515 to 307.523, the provisions of this Code, any pro~isions of the standards and guidelines adopted by Council resolution; or The applicant has failed to comply with any ccnditions i~pc5ed in the resolution approvin9 the Applicationi the City Manager shall recommend to the Councii, and notify the owner of the property, at the owner's last known address, of the Manager's reco~endaticn that the exemption be terminated. The notice shall clearly state the reasons for the proposed termination, and shall require the owner to appear before the Council, at a time specified in the notice, which shall not be less than 20 days fro~ the date the notice was mailed, to show cause, if any exists, why the exe~ption should not be terminated. (c) . (2) If the owner fails to appear before the Council at the time specified in the notice, or if the owner appears and fails to sho~ cause why the exemption should not be terminated, the Council shall adopt a resolution terminating the exemption, which shall contain its findings in support thereof. Copies of the resolution shall be filed with the County Assessor and mailed to the property owner, at the owner's last address, within 10 days from the date adopted. If a determination is made that the exemption should continue as previously granted, the Council shall adopt a motion rejecting the Manager's recommendation, and notify the property owner of that action within 10 days from the date of the hearing. (3) All reviews of the Council action in denying an Application or terminating an exemption shall be governed by the procedures set forth in ORS 34.010 to 34.100 and correction of assessments and tax rolls and the evaluation of the property shall be in conformity with subsection (2) of ORS 307.533. The Council's action"on an exemption shall not be a land use decision for purposes of administrative review. . (4) Upon receipt of a request from the property owner, the Council may, by resolution, extend the deadline "beyond January 1, 2000 for completion of construction of the low-income rental housing for a period not to exceed 12 consecutive months, i.e. January 1, 2001, if it finds the failure to complete construction by January 1, 2001, was due to circumstances beyond the control of the owner, and that the owner had been and could reasonably be expected to act in good faith and with due diligence. If property granted an exemption hereunder is subsequently destroyed by fire or act of God, or is no longer capable of owner-occupancy due to ORDINP~CE - Page 5 t}-3 , : WK',E NO. 5667 ~~ ~'-1 'Section J. It is ~~creby fct.:"id .3..;"'1d detemiI1ed th3t mtters regarding ~propeTty tax exemption for ne\ol 10\,"- income housing are matters affecting the public health. . safety and ".elfare and that an e:nergenc)' exists and that this ordinance shall therefore take effect mediately upon its passage by the City Council and approval by the Mayor. ....--- ADOPTED by the Common Council of the, City of Springfield, this 1ST day of FEBRUARY , 1993 by a vote of 4 for and 2 against. APPROVED by the Mayor of the City of Springfield this 1ST day of FEBRUARY I 19 93 . . ATTEST: ~iW1J Jtv:L- City Recorder Drr':': - .-; :;." ,-..~,. . - .:-~:; HA:,,;1~.' t;::'~!{~~I'./ , . . ORDH\A.\iCE - 7 A-f PROPERTY SUBJECT TO TAXATION; EXEMPTIONS EXHIBIT B 307.517 . poration submits to the assessor details as to the rentals for the prior year and proof that the payments required by ORS 307.490 have been made. [1973 c.382 ~; 1991 c.459 ~62; 1995 c.278 ~35] 307.500 Assessor transmitting claim to department and other agencies; health code compliance required. (1) Immediately upon receipt of the claim or any subsequent rental statement, the county assessor shall promptly transmit one copy of the claim to the Department of Revenue. The rent subse- quently reported for the eligible child care facility or eligible farm labor camp for which the claim is made is subject to verification and modification by the Department of Re- venue. (2) The county assessor shall promptly transmit one copy of each claim or statement for exemption to the State Fire Marshal for verification of compliance with applicable laws and rules and regulations relating, to safety from fire. If the State Fire Marshal refuses such verification, the county assessor' shall deny the claim and cause the nonprofit corporation to be billed for the real and per- sonal property taxes it would otherwise be liable to pay. (3) The county assessor shall promptly transmit one copy of each claim or statement for exemption of an eligible farm labor camp to the appropriate authority under the Ore- gon Safe Employment Act for verification of compliance with the health code for farm la-. bor camps. That authority shall refuse to verify compliance if the farm labor camp does not comply with the health code appli- cable to.it or if access to the camp for in- spection has been denied the county assessor or the authorized representative of the county assessor. If verification is refused, the county assessor shall deny the claim and cause the nonprofit corporation to be billed for the real and personal property taxes it would otherwise be liable to pay. (4) If the claim or statement or any part thereof applies to property used for an eligi- ble child care facility, the county assessor shall promptly transmit a copy to the Child Care Division for verification of certification. If the division refuses such verification, the county assessor shall deny the claim and cause the nonprofit corporation to be billed for the real and personal property taxes it would otherwise be liable to pay. [1973 c.382 ~5; 1995 c.278 ~36] 307.505 Inspection of farm labor camps; effect of failure to comply with health code. The appropriate authority un- der the Oregon Safe Employment Act shall cause an inspection to be made of any farm labor camp that has filed for an exemption at any time prior to August 15. If the condi- . . Title 29 Page 117 tions of the camp would not justify verifica- tion of compliance with the health code for farm labor camps, even though verification has been made under ORS 307.500, the ap- propriate authority shall notify the county assessor who shall cancel the exemption and cause the owner to be billed for the real and personal property taxes the owner would otherwise be liable to pay. [1973 c.382 ~] 307.510 Appeal to department by tax- payer. Any taxpayer aggrieved by any deci- sion under ORS 307.480 to 307.510 may appeal to the Department of Revenue within the time provided and in the manner speci- fied by ORS 306.520 (1975 Replacement Part). [1973 c.382 ~7] Note: The amendments to 307.510 by section 76, chapter 650, Oregon Laws 1995, become operative Sep- tember I, 1997. See section 116, chapter 650, Oregon Laws 1995. The text that is operative on and after Sep- tember I, 1997, is set forth for the user's convenience. 307.510. Any taxpayer aggrieved by any decision under ORS 307.480 to 307.510 may appeal to the tax court within the time provided and in the manner spec- ified by ORS 305.404 to 305.560. <Low-income Rental Housing) 307.515 Definitions for ORS 307.515 to 307.523. As used in ORS 307.515 to 307.523: (1) "Governing body" means the city or county legislative body having jurisdiction over the property for which an exemption may be applied for under ORS 307.515' to 307.523. (2) "Lender" means the provider of a loan secured by the recorded deed of trust or re- corded mortgage made to finance the pur- chase, . construction or rehabilitation of' a property used for low-income housing under the criteria listed in ORS 307.517 or 307.518. (3) "Low-income" means income at or be- low 60 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Develop- ment. [1989 c.803 ~1; 1991 c.930 ~3; 1993 c.168 ~3] Note: 307.515 to 307.537 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 307 or any series therein by leg- islative action. See Preface to Oregon Revised Statutes for further explanation. 307.517 Criteria for tax exemption. (1) Property or a portion of the property that meets the following criteria shall be exempt from taxation as provided in ORS 307.517 to 307.523: (a) The property is offered for rent. (b) The property is occupied solely by low-income persons. (c) The required rent payment reflects the full value of the property tax exemption. (d) The exemption has been approved as provided in ORS 307.523. (1995 Edition) 6-1 307.518 REVENUE AND TAXATION . (e) The housing units on the property were constructed after the local governing body adopted the provisions of ORS 307.515 to 307.523. (2) For the purposes of subsection (1) of this section, a person that has only a leasehold interest in property is deemed to be a purchaser of that property if: (a) The person is obligated under the terms of the lease to pay the ad valorem taxes on the real and personal property used in this activity on that property; or (b) The rent payable has been established to reflect the savings resulting from the ex- emption from taxation. [1989 c.803 ~2) Note: See note under 307.515. 307.518 Alternative criteria for tax exemption. (1) Property or a portion of property that meets all of the following cri- teria shall be exempt from taxation as pro- vided under ORS 307.519 to 307.523: (a) If unoccupied, the property is offered for rental solely as a residence for low- income persons. (b) If occupied, the property is occupied solely as a residence for low-income persons. (c) An exemption for the property has been approved as provided under ORS 307.523, pursuant to an application filed be-" fore July 1, 2000. (d) The property is owned or being pur- chased by a nonprofit corporation organized in a manner that meets the criteria for a public benefit corporation, as described un- der ORS 65.001 (31) or for a religious corpo- ration, as described under ORS 65.001 (33). (e) The property is owned or being pur- chased by a nonprofit corporation that ex- pends no more than 10 percent of its annual income from residential rentals for purposes other than the acquisition, maintenance or repair of residential rental property for low- income persons or for the provision of on-site child care services for the residents of the rental property. (2) For the purposes of this section, a nonprofit corporation that has only a leasehold interest in property is considered to be a purchaser of that property if: (a) The nonprofit corporation is obligated under the terms of the lease to pay the ad valorem taxes on the real and personal prop- erty used in the rental activity on that prop- erty; or (b) The rent payable has been established to reflect the savings resulting from the ex- emption from taxation. (3) A partnership shall be considered a nonprofit corporation for purposes of this section if: . . Title 29 (a) A nonprofit corporation is a general partner of the partnership; and rb) The nonprofit corporation is responsi- ble for the day-to-day operation of the prop- erty that is the subject of the exemption under ORS 307.519 to 307.523. [1991 c.930 ~2; 1993 c.168 ~; 1995 c.79 ~121; 1995 c.702 ~11 Note: The amendments to 307.518 by section 1, chapter 702, Oregon Laws 1995, apply to tax years be- ginning on or after July 1, 1996. See section 3, chapter 702, Oregon Laws 1995. The text that applies until July 1, 1996, including amendments by section 121, chapter 79, Oregon Laws 1995, is set forth for the user's con- venience. 307.518. (1) Property or a portion of property that meets all of the following criteria shall be exempt from taxation as provided under ORS 307.519 to 307.523: (a) If unoccupied, the property is offered for rental solely as a residence for low-income persons. (b) If occupied, the property is occupied solely as a residence for low-income persons. (c) An exemption for the property has been ap- proved as provided under ORS 307.523, pursuant to an application filed before July I, 2000. (d) The property is owned or being, purchased by, a nonprofit corporation organized in a manner that meets the criteria for a public benefit corporation, as described under ORS 65.001 (31) or for a religious cor- poration, as described under ORS65.001 (33). (e) The property is owned or being purchased by a nonprofit corporation that expends no more than 10 percent of its annual income from residential rentals for purposes other than the acquisition, maintenance or re- pair of residential rental. property for 'low-income per- sons or for the provision of on-site child care services for the residents of the rental property. (2) For the purposes of this section, a nonprofit corporation that has only a leasehold interest in prop- erty is considered to be a purchaser of that property if: (a) The nonprofit corporation is obligated under the terms of the lease to pay the ad valorem taxes on the real and personal property used in the rental activ- ity on that property; or (b) The rent payable has been established to reflect the savings resulting from the exemption from taxation. Note: See note under 307.515. 307.519 Exemption limited to tax levy of governing body that adopts ORS 307.515 to 307.523; exception. (1) Except as provided in subsection (2) of this section, the exemptions provided by ORS 307.515 to 307.523 only apply to the tax levy of a gov- erning body that adopts the provisions of ORS 307.515 to 307.523. (2) The exemptions provided by ORS 307.515 to 307.523 shall apply to the tax levy of all taxing districts in which property cer- tified for exemption is located when, upon request of a governing body that has adopted the provisions of ORS 307.515 to 307.523, the rates of taxation of such taxing districts whose governing boards agree to the policy of exemption under ORS 307.515 to 307.523, when combined with the rate of taxation of the governing body that adopts the pro- visions of ORS 307.515 to 307.523, equal 51 percent or more of the total combined rate Page 118 (1995 Edition) B-;;l. PROPERTY SUBJECT TO TAXATION; EXEMPTIONS 307.527 . of taxation on the property certified for ex- emption. (1989 c.803 ~3; 1991 c.930 ~J Note: See note under 307.515, 307.521 Application for exemption; contents; policIes for approving applica- tion. (1) To qualify for an exemption pro- vided byORS 307.515 to 307.523, the person shall file an application for exemption with the governing body.. The exemption shall be for a period of 20 years. The application shall be filed as set forth in ORS 307.523. The ap- plication shall include the following informa- tion, if applicable: (a) A description of the property or a portion of the property for which the ex- emption is requested; (b) A description of the purpose of the project and whether all or a portion of the property is being used for that purpose; (c) A certification of income levels of low-income occupants; (d) A description of how the tax ex- emption will benefit project residents; and (e) If the exemption is an exemption de- scribed under ORS 307.518, evidence satis- factory to the, governing body that the corporation is nonprofit and meets the crite- ria for a public benefit corporation or a reli- gious corporation. (2) The applicant shall verify the infor- mation in the application by oath or affirma- tion. (3) Prior to accepting an application un- der ORS 307.515 to 307.523, a local jurisdic- tion shall adopt standards and guidelines to be utilized in considering applications and making determinations required by ORS 307.515 to 307.537. The standards and guide~ lines shall establish policy governing basic requirements for approving an application. POlicies considered may include, but are not limited to: (a) Rent regulatory agreements or other enforcement mechanisms to demonstrate that the required rent payment reflects the full value of the property tax exemption. (b) Enforcement mechanisms to insure that housing receiving exemptions under ORS 307.515 to 307.537 are maintained in de- cent, safe and sanitary conditions for the oc- cupants. (c) Methodology and timing for submit- ting evidence of use of rentals received from low-income persons. [1989 c.803 ~; 1991 c.459 ~; 1991 c.930 ~5J Note: See note under 307.515. 307.523 Time for filing application; certification of exemption. (1) Applica,tion shall be made on or before December 1 of the calendar year immediately preceding the first . . Title 29 tax year for which exemption is requested, and shall be accompanied by the application fee required under ORS 307.527. However, if the property is acquired after November 1, the application shall be made within 30 days after the date of acquisition. (2) Within 60 days of the filing of an ap- plication under ORS 307.521, the governing body shall take final action upon the appli- cation as provided under ORS 307.527, and certify the results of the action to the county assessor. (3) Upon receipt of certification under subsection (2) of this section, the county as- sessor shall exempt the property from taxa- tion to the extent certified by the governing body. [1989 c.803 ~5; 1991 c.459 ~; 1991 c.930 ~] Note: See note under 307.515. 307.525 Action against landlord for failure to reduce rent. In addition to any other provision of law, if a landlord violates ORS 307.517 (l)(c), a tenant may recover damages in an amount triple the actual damages sustained as a result of the vio- lation. The court may award reasonable at- torney fees to the prevailing party in an action under this section. (1989 c.803 ~; 1995 c.618 ~2) Note: See note under 307.515. 307.527 Ordinance approving or disap- proving application; application fee. (1) Final action upon an . application by the gov- . erning body shall be in the form of an ordi- nance or resolution that shall contain the owner's name and address, a description of the housing unit, either the legal description of the property or the county assessor's property account number, any specific condi- tions upon which the approval of the appli- cation is based and if only a portion of the property is approved, a description of the portion that is approved. ' (2) On or before April 1 following ap- proval, the governing body shall file with the county assessor and send to the applicant a copy, of the ordinance or resolution approv- ing or disapproving the application. The copy s, hall contain or be accompanied by a notice explaining the grounds for' possible termi- nation of the exemption prior to the end of the exemption period or thereafter, and the effects of termination. In addition, the gov- erning body shall file with the county asses- sor on or before April 1 a document listing the same information otherwise required to be in an ordinance or resolution under sub- section (1) of this section, as to each appli- cation deemed approved under this section. (3) If the application is denied, the gov- erning body shall state in writing the rea- sons for denial and send the notice of denial to the applicant within .10 days after the de- Page 119 (1995 Edition) B-3 . . . 307.529 REVENUE AND TAXATION :> nial. The notice shall inform the applicant of the right to appeal un~er ORS 307.533. (4) The governing body, after consulta- tion with the county assessor, shall establish an application fee in an amount sufficient to cover the cost to be incurred by the govern- ing body and the county asseSSor in adminis- tering ORS 307.515 to 307.523. The application fee shall be paid to the governing body at the time, the application for ex- emption is filed. If the application is ap- proved, the governing body shall pay the application fee to the county assessor for de- posit in the county general fund, after first deducting that portion of the fee attributable to its own administrative costs in processing the application. If the application is denied, the governing body shall retain that portion of the application fee attributable to its own administrative costs and shall refund the balance to the applicant. (1989 c.803 ~7; 1995 c.79 ~122J Note: See note under 307.515. . 307.529 Notice of proposed termination of exemption; grounds; ordinance termi- nating exemption. (1) Except as provided in ORS 307.531, if, after an application for ex- emption under ORS 307.517 has been ap- proved under ORS 307.527; the governing body fmds that construction of the housing unit was not completed within two years af- ter the date the application was approved or on or before July 1, 2000, whichever is ear- lier, or that any provision of ORS 307.515 to 307.523 is not being complied with, or any provision required by the governing body pursuant to ORS 307.515 to 307.523 is not being complied with, the governing body shall give notice of the proposed 'termination of the exemption to the owner, by mailing the notice to the last-known address of the owner, and to every known lender, by mail- ing the notice to the last-known address of every known lender. The notice shall state the reasons for the proposed termination and shall require the owner to appear at a speci- fied time, not less than 20 days after mailing the notice, to show cause, if any, why the exemption should not be terminated. (2) If the owner fails to appear and show cause why the exemption should not be ter- minated, the governing body shall notify ev- ery known lender, and shall allow any lender not less than 30 days after the date the no- tice of the failure to appear and show cause is mailed to cure any noncompliance or to provide assurance adequate to the governing body that all noncompliance shall be reme- died. (3) If the owner fails to appear and show cause why the exemption should not be ter- minated, and the lender fails to cure or give adequate assurance of the cure of any non- Title 29 Page 120 compliance, the governing body shall adopt an ordinance or resolution stating its find- ings terminating the exemption. A copy of the ordinance or resolution shall be filed with the county assessor, and a copy shall be sent to the owner at the owner's last- known address and to the lender at the last- known address of the lender within 10 days after its adoption. (1989 c.803 ~8; 1991 c.459 ~; 1991 c.930 ~7; 1993 c.168 ~51 Note: See note under 307.515. 307.531 Termination of exemption without notice; grounds; additional taxes after termination. (1) If, after application has been approved under ORS 307.527, a declaration as defined in ORS 100.005 with respect to the property is presented to the county assessor or tax collector for approval under ORS 100.110, or if the governing body should file its termination findings with the county assessor pursuant to ORS 307.529: (a) The exemption granted the housing unit or portion under ORS 307.515 to 307.523 shall terminate immediately, without right of notice or appeal; (b) The property or a portion of the property shall be assessed and taxed as other property similarly situated is assessed and taxed; and (c) Notwithstanding ORS 311.220, there shall be added to the general property tax roll for the tax year next following the pres- entation or discovery, to be collected and distributed in the same manner as other real property tax, an amount equal to the differ- ence between the taxes assessed against the property and the taxes that would have been assessed against the property had it not been exempt under ORS 307.515 to 307.523 for each of the years, not to exceed the last 10 years, during which the property was exempt from taxation under ORS 307.515 to 307.523. (2) If, at the time of presentation or dis- covery, the property is no longer exempt, ad- ditional taxes shall be collected as provided in this section, but the number of years for which the additional taxes shall be collected shall be reduced by one year for each year that has elapsed since the year the property was last granted exemption beginning with the oldest year for which additional taxes are due. (3) The assessment and tax rolls shall show potential additional tax liability for each property granted exemption under ORS 307.515 to 307.523. (4) Additional taxes collected under this section shall be deemed to have been im- posed in the year to which the additional taxes relate. [1989 c.803 ~9; 1991 c.459 ~6; 1991 c.930 ~8J Note: See note under 307.515. (1995 Edition) Prt/ PROPERTY SUBJECT TO TAXATION; EXEMPTIONS 307.541 . 307.533 Review; correction of tax rolls; when tax payable after exemption termi- nates. (1) Review of a denial of an arplica- tion under ORS' 307.527, or 0 the termination of an exemption. under ORS 307.529, shall be as provided by ORS 34.010 to 34.100. (2) If no review of the termination of an exemption as provided in subsection (1) of this section is effected, or upon final adjudi- cation, the county officials having possession of the assessment and tax rolls shall correct . the rolls in the manner provided for omitted property under ORS 311.207 to 311.215 to provide for the assessment and taxation of any property for which exemption was ter- minated by the governing body or by a court, in accordance with the finding of the gov- erning body or the court as to the tax year in which the exemption is first to be termi- nated. The county ass~ssor shall make such valuation of the property as shall be neces- sary to permit such correction of the rolls. The owner may appeal any such valuation in the same manner as provided for appeals un- der ORS 311.207 to 311.215. (3) Where there has been a failure to comply with ORS 307.529, the property shall become taxable beginning July 1 of the first tax year following the date on which the noncompliance first occurred. Any additional taxes becoming due, shall be payable without interest if paid in the period prior to the 16th day of the month next following the month of correction. If not paid within such period, the additional taxes shall be delinquent on the date they would normally have become delinquent if timely extended on the roll or rolls in the year or years for which the cor- rection was made. [1989 c.803 uo; 1991 c.459 ~7; 1991 c.930 ~9] Note: See note under 307.515. 307.535 Extension of deadline for completion; exception to imposition of additional taxes., Notwithstanding any pro- vision of ORS 307.515 to 307.523: (1) If the governing body finds that con- struction of the housing unit otherwise enti- tled to exemption under ORS 307.517 was not completed by July 1, 2000, due to circum- stances beyond the control of the owner, and that the owner had been acting and could reasonably be expected to act in good faith and with due diligence, the governing body may extend the deadline for completion of construction for a period not to exceed 12 consecutive months. (2) If property granted exemption under ORS 307.515 to 307.523 is destroyed by fire or act of God, or is otherwise no longer ca- pable of owner-occupancy due to circum- stances beyond the control of the owner, the exemption shall cease but no additional taxes . . Title 29 Page 121 shall be imposed upon the property under ORS 307.531 or 307.533. [1989 c.803 ~1l; 1991 c.459 ~; 1991 c.930 ~10] Note: See note under 307.515. 307.537 Application. (1) ORS 307.517 ap- plies to housing units constructed after J an- uary 1, 1990, in years beginning on or after January 1, 1990. (2) ORS 307.518 applies to housing units occupied by low-income persons on or after July 1, 1992, in tax years beginning on or after July 1, 1992. (3) The amendments to ORS 307.521 (1) by section 5, chapter 930, Oregon Laws 1991, changing the period of the exemption pro- vided under ORS 307.515 to 307.523 from 10 to 20 years apply to property granted ex- emption pursuant to application filed on or after September 29, 1991. [1989 c.803 ~12; 1991 c.459 ~9; 1991 c.930 ~ll] Note: See note under 307.515. (Nonprofit Corporation Low-income Housing) 307.540 Definitions for ORS 307.541 to 307.547. As used in ORS 307.541 to 307.547: (1) "Governing body" means the city or county legislative body, having jurisdiction over the property for which an exemption may be applied for under ORS 307.541 to 307.547. (2) "Low-income" means income at or be- low 60 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Develop- ment. [1985 c.660 ~1; 1993 c.168 ~7] Note: 307.540 to 307.547 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 307 or any series therein by leg- islative action. See Preface to Oregon Revised Statutes for further explanation. Note: Section 6, chapter 660, Oregon Laws 1985 provides: ' Sec. 6. ORS 307.540 to 307.547 apply to assessment years beginning on or after January I, 1985, and before July I, 2004. [1985 c.660 ~; 1993 c.108 ~1] 307.541 Nonprofit corporation low in- come housing; exemption; criteria. (1) Property that meets all of the following cri- teria shall be exempt from taxation as pro- vided in ORS 307.541 to 307.547: (a) The property is owned or being pur- chased by a corporation that is exemft from income taxes under section SOl(c) (3 or (4) of the Internal Revenue Code, as amended before December 1, 1984. (b) Upon liquidation, the assets of the ~orporation are required to be applied first ill payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations ex- (1995 Edition) 8-5" ." f EXHlinT - C" RESOLUTION NO. 93-15 . 1 A RE,$OLUTION ADOPTING STANDARDS AND GUIDELINES FOR PROCESSING APPLICATIONS FOR NEW LOW-INCOME RENTAL HOUSING PROPERTY TAX EXEMPTION. WHEREAS, issues related to local housing needs have been given a high priority by the Mayor and Council; WHEREAS, the Oregon Legislature during its 1989 and 1991 session, adopted and revised House Bill 2060, presently codified at ORS 307.515 through 307.537, to establish a procedure whereby cities that adopt those provisions may implement a program for exempting newly constructed low-income rental housing from ad valorem taxes for a period of twenty years; WHEREAS, as an incentive to encourage construction of new low-income rental housing within the city of Springfield, the Council has adopted those provisions, as codified at Sections 2-14-1 through 2-14-4 of the Springfield Code, 1965; WHEREAS, ORS 307.521 (3) requires that prior to processing any applications for exemptions under the program that the City adopt standards and guidelines, which include policies to be complied. with prior to granting approval of an application; and WHEREAS, standards and guidelines have been promulgated to implement a program for exempting newly constructed low-income rental housing from ad valorem taxes, . WHEREAS, these Standards and Guidelines, attached as Exhibit A and incorporated herein by reference, should be approved and adopted as the process to be followed by the City Manager in reviewing and making recommendations on applications for property tax exemption for new low-income rental housing; and NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: 1. That the Standards and Guidelines for Processing Applications for New Low-Income Renta: Housing Property Tax Exemption, attached as Exhibit A hereto, are approved and adopted as the procedures to be followed in considering applications for exemption, and the policy contained therein is declared to be the policy of the City of Springfield governing the basic requirements for applications. ADOPTED by the Common Council of the City of Springfield by a vote of 4 in favor and 0 opposed this ~ day of April, 1993. - · '-1dcu<~[(7<<. Eileen Stein; City Recorder ~ c' ~~~~\_.~.Ll:~~"o:L_., M P\\l.C\\ L '-\ \ '\ 1'S " ",....,... '.' ..-~_~l-,_.,_...".,,_..._,.. ,-:-"C:-. . ' (!-f ~ . Exhibit A . STANDARDS AND GUIDELINES FOR PROCESSING APPLICATIONS FOR THE NEW LOW-INCOME RENTAL HOUSING LOCAL PROPERTY TAX EXEMPTION UNDER ORS 307.515 TO ORS 307.537 Pursuant to the provisions of Ordinance No. 5667 of the City Council of the City of Springfield, the City Manager shall be governed by the following rules in considering applications and making recommendations for the new low-income rental housing local property tax exemption. These standards and guidelines are adopted pursuant to ORS 307.521 (3). ADMINISTRATIVE PROCESS For purposes of these rules, the following words and phrases mean: City ManaQer. The City Manager of the City of Springfield, or his or her designee. Low Income. Income lower than that established for very low-income families as defined by 42 U.S.C. Section 1437a(b)(2) as amended before December 1, 1984. Low-Income Rental HousinQ. Rental housing constructed after April 5, 1993, which is occupied by low-income persons. . Elderly HousinQ. This tax exemption program is available for elderly housing only. For the purpose of this program, the owner must meet the requirements of the Fair Housing Amendments Act of 1988, and regulations promulgated thereunder, see Volume 54 Federal Register No. 13, Sections 100.302, 100.303 and 100.304. 1. Statement of ProQram Purpose. The purpose of the new low-income rental housing tax exemption program is to provide an incentive that will encourage construction of new rental housing for low-income elderly persons. ' 2. EliQible Property. To be eligible for City property tax exemption hereunder: 2.1 The property must be offered for rent; 2.2 The property, or portion thereof subject to the property tax exemption; must be occupied solely by elderly low-income persons; 2.3 The required rent payment must reflect the full value of the property tax exemption; . 2.4 The housing units on the property must be constructed after April 5, 1993; Standards and Guidelines--' c-~ .. . 2.5 The property owner must agree to comply with the policies set forth in Section 5 of these Standards and Guidelines; 2.6 The proposed development will not cause displacement of low-income persons unless the City and developer can reach agreement on provisions (to be provided by the developer) that reflect satisfactory mitigation thereof; 2.7 The proposed development will not have an adverse effect on historic structures unless criteria established in Article 30 of the Springfield Development Code, 1986 are met and recommendations are made by the Historical Commission and granted by the Planning Commission; 2.8 The proposed development will be otherwise consistent with provisions of the Springfield Code, 1965 and adopted City regulations and policies; and 2.9 As an alternative to the criteria set forth in subsections 2.1, 2.2. 2.3, and 2.4 of this section, an application shall be approved if it meets the criteria in subsections 2.5,2.6,2.7, and 2.8 of this section and all of the following criteria: 2.9.1 If unoccupied, the property is offered for rental solely as a residence for low-income persons; 2.9.2 If occupied, the property is occupied solely as a residence for low-income persons; . 2.9.3 The applicant's application was filed prior to July 1, 2000; 2.9.4 The property is owned or being purchased by a nonprofit corporation organized in a manner that meets the criteria for a public benefit corporation, as described under ORS 65.001 (31 ) or for a religious corporation, as described under ORS 65.001 (33); and 2.9.5 The property is owned or being purchased by a nonproJit corporation that expends no more than ten percent of its annual income from residential rentals for purposes other than acquisition, maintenance or repair of residential rental property for low-income persons. 3. Application for Exemption. Prior to December 1 of the calendar year immediately preceding the first tax year for which the exemption is requested, or, if the property is acquired after November 1, within 30 days of the date of acquisition, the applicant shall submit to the City Manager, on a form provided by the City Manager, an application for exemption, containing the following information: . 3.1 A description of the property or portion thereof, for which the exemption is requested; Standards and Guidelines--2 t-3 I 3.2 A description of the purpose of the project and whether all or a portion of the property will be used for that purpose; . 3.3 A certification of the income levels of low-income occupants; 3.4 A description of how the tax exemption will benefit project occupants; 3.5 Evidence that, if unoccupied, the property is offered for rental solely as a residence for elderly low-income persons; 3.6 Evidence that, if occupied, the property is occupied solely as a residence for elderly low-income persons; 3.7 Evidence that the property is owned or being purchased by a nonprofit corporation which meets the criteria for a public benefit corporation as described in ORS 65.001 (31), or a religious corporation, as described in ORS 65.001 (33); 3.8 Evidence that the nonprofit corporation expends no more than ten percent of its annual income from residential rentals for purposes other than acquisition, maintenance or repair of residential rental property for low-income persons; and 3.9 Any other information required by the City Manager. . The application shall be verified by oath or affirmation of the applicant and submitted with an application and processing fee to be determined by the City Council, which shall include therein the fee to be paid to the County Assessor by the City as the County's agreed processing fee for those applications receiving Council approval. The amount of the basic fee shall be prominently displayed on the application, together with a statement that the applicant may be required to pay other reasonable costs, including appraisal costs, if any are incurred by the City or the County in processing the application. Any additional costs shall be paid to the City by the applicant prior to the granting of any final approval. In the event an application is denied, the portion of the fee reserved for the County Assessor will be refunded to the applicant by the City. An application which does not contain all the required information and is not accompanied by the required fee shall be' returned to the applicant. Any application returned for these reasons shall be deemed not to have been filed. 4. Duration of Tax Exemption. Exemption from ad valorem taxes, excluding taxes on land or any improvements not a part of the newly-constructed low-income rental housing, shall be granted for no more than twenty successive years. 5. Policies. In addition to the criteria set forth in Section 2-14-4 (2) and (3) of the Springfield Code, 1965, and Section 2 above, the applicant must demonstrate compliance with the following policies in order to be eligible for a property tax exemption hereunder: . 5.1 Rent ReQulatorv AQreement. The owner must agree to execute and maintain Standards and Guidelines--3 r!-tf . 5.2 5.3 5.4 . in effect for the duration of the tax exemption period'i.a Rent Regulatory Agreement in a form approved by the City, and which contains, but is not limited to, provisions establishing regular reporting requirements and periodic inspection periods, and demonstrates that the required rent payment reflects the full value of the property tax exemption. Inspection of Premises. The owner must consent in writing that for the duration of the tax exemption period the City may inspect the property for which the exemption is granted at reasonable times, without prior notice, to ensure that the premises are maintained in decent, safe, and sanitary conditions for the occupants. Elderlv HousinQ. This tax exemption program is available for elderly housing only. For the purpose of this program, the owner must meet the requirements of the Fair Housing Amendments Act of 1988, and regulations promulgated thereunder, see Volume 54 Federal Register No. 13. Sections 100.302, 100.303 and 100.304. Limitation of Tax Exemption. This tax exemption program will no longer be available once an annual maximum cap of $100,000 in lost tax revenues is reached as a result of this program, based upon the estimated real market value of the property being exempted multiplied by the current tax rate of the City. This is a cumulative total based upon ml owners who are receiving the exemption. The following pertains to all applications received after the first exempted application. At the time an application is received: (a) City will determine the remaining exemption available to the program by subtracting from $100,000 the estimated real market value of the exempted property multiplied by the City's tax rate for the application year. (b) If the City determines it is able to exempt only a portion of a housing project due to the limitation of the exemption program, the owner may create two taxlots, one of which would be equivalent to the remaining value of the exemption. In such an event, the owner will be required to record a deed restriction stating the portion of j)roperty exempted has two taxlot numbers for tax purposes only and that it does not constitute a land division. 6. Recommendations on Apolications. Upon receipt of an application for property tax exemption hereunder. the City Manager shall: 6.1 Review the application to verify that the applicant has provided the information required and paid the required fee. The City Manager shall promptly notify the applicant of any omissions. 6.2 . Make a written recommendation to Council in sufficient time to allow the Council to act within 60 days from the date the Application is filed. The recommendation shall be based upon and contain findings of compliance or non-compliance with these Standards and Guidelines, Sections 2-14-1 Standards and Guidelines--4 ~-~ I .^ through 2-14-4 of the Springfield Code, 1965, Council resolutions, ordinances, and adopted policies, and applicable State statutes, that support his or her recommendation. 7. Amendments to Guidelines. The City Manager may, from time to time, propose such revisions, deletions, or amendments to these Standards and Guidelines as he or she may deem necessary or desirable for the efficient implementation of the low- income rental housing local property tax exemption program, but no such revision, deletion, or amendment shall be effective until approved by Council Resolution. The foregoing Standards and Guidelines recommended to the City Council the 5th day of Apri 1 , 1993. . APPROVED by Resolution No. 93-15 the Springfield City Council on the 5th day of Apri 1 , 1993. of ~d~~ Eileen Stei City Recorder ~()~~~~~.~ ~~ _.,..." ',"::~~"-=""_ .::,___'~-c_n_';~:'~~=""_""'~ -",,~......-=~..~;!7"'-:"','-' ",: )-;\~C\-\ ?_l.\ \~}3. L. ,'..,.. ...-- .....~"'......._..,.,_.,..._-,-'-'-....~-,. , ' ,. . Standards and Guidelines--5 e-{p . . . ..:" EXHIBIT D RESOLUTION NO. 93-34 A RESOLUTION APPROVING THE SPRINGWOOD, INC. APPLICATION AND GRANTING A PROPERTY TAX EXEMPTION THROUGH THE CITY OF SPRINGFIELD'S PROPERTY TAX EXEMPTION FOR NEW LOW-INCOME ELDERLY RENTAL HOUSING PROGRAM (SECTIONS 2-14-1 THROUGH 2-14-4 OF THE SPRINGFIELD CODE, 1965) WHEREAS, Springwood, Inc. proposes to construct 429 units of low-income elderly rental housing units on property located at 29th and Main Street in Springfield; WHEREAS, Springwood, Inc. has submitted an application to the City of Springfield's Property Tax Exemption for New Low-InCome Elderly Rental Housing Program; and WHEREAS, the City Manager has reviewed the application and completed a Report and Recommendation, which is attached hereto as Exhibit A~tj WHEREAS, the City Manager finds that the Springwood, Inc. application, which is attached hereto as Exhibit B, satisfactorily meets the criteria as set forth in ORS 307.515 through 307.537, Sections 2-14-1 through 2-14-4 of the Springfield Code. 1965, and Standards and Guidelines adopted by Resolution No. 93-15 for the City's Property Tax Exemption for New Low- Income Elderly Rental Housing Program; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: 1. That the Springwood, Inc. application for 429 units of low-income elderly rental housing units to be located at 29th and Main Street in Springfield be approved; 2. That in the event the Applicant fails to comply with the criteria and requirements as set forth in ORS 307.515 through 3,07.537, Sections 2-14-1 through 2-14-4 of the Springfield Code, 1965, Standards and Guidelines adopted by Resolution No. 93-15 for the City's Property Tax Exemption for New Low-Income Elderly Rental Housing Program, and Report and Recommendation of the City Manager (Exhibit A')'. the City Manager shall terminate the exemption, following procedures esta blished in Section 2-14-5 of the Springfield Code, 1965 and appropriate GRS requirements; 3. That as a special condition imposed by the City Manager, the Applicant shall, within ten days from the adoption of this resolution. sign a Statement in Support of the Application, which is attached hereto as Exhibit C~I j Springwood, Inc. Application Attachment I - Page 1 D-/ . . . PAGE 2 . 4. ,That this resolution serves as the certification that the portion of property described in Exhibit D: which is necessary for the low-income housing units, is exempt from ad valorem taxation at the earliest possible date of July 1, 1994. ADOPTED by the Common Council of the City of Springfield by a vote of A:.... in favor and ..Q.. opposed this --'-ltl day ot June , 1993. ~~~ . rrisette, Mayor Q/c cf ~ Springwood, Inc. Application Attachment I - Page 2 r.~:\r:E\'.T]) &. APPROVED ~~S:_:~~\ j L~~ !_I.TE: ""- \..Jt-<"- 2'1 . ''\'1~ OFfICE OF CITY ATTOR~JEY C~;l"\.1 c~~. E:P~:'t(i\JGFI[LD D-~ EXHIBIT A-I . REPORT AND RECOMMENDATION of the City Manager Springwood, Inc. Application For Property Tax Exemption for New Low-Income Elderly Rental Housing '(Sections 2-14-1 through 2-14-4 of the Springfield Code, 1965) The City Manager of the City of Springfield finds that: 1. Springwood. Inc. is a contract purchaser of real property located on 29th and Main streets (tax lot numbers 17-02-31-00300 and 17-02-31-00700) in Springfield, Oregon, as more particularly described in its application submitted pursuant to Subsection 2-14- 3( 1) of the Springfield Code, 1965 for an exemption from ad valorem taxes under the City's Property Tax Exemption For New Low-Income Elderly Rental Housing Program (Sections 2-14-1 through 2-14-4 of the Springfield Code. 1965) which is attached hereto as Exhibit B. 2. The Applicant has submitted all materials, documents and fees required by the City, including, but not limited to: 2.1 Documentation that the property is being purchased by the Applicant (see Schedule 2) ; . 2.2 Documentation that the required rent reflects the full value of the property tax exemption (see Schedule 6); and 2.3 Documentation that the property will be offered to or occupied solely by low-income elderly persons (see Schedule 7); 3. The Applicant is in compliance with the policies set forth in the Standards and Guidelines adopted by Resolution 93-15 of the City Council and has executed the required Consent to Inspection of Premises (see Schedule 4), Rent Regulatory Agreement (see Schedule 3), and Certification of Income Levels of Low-Income Elder1y Occupants (see Schedule 5); 4. The proposed development will not cause displacement of low-income persons (see application form); 5. The proposed development will not cause destruction of historic properties (see application form); 6. The proposed development. for the purposes of this tax exemption program, is otherwise consistent with provisions of the Springfield Code, 1965. and other adopted City policies and regulations (see application form); and . Springwood. Inc. Application Attachment I - Page 3 b-3 . e.," .'.... ., -~. . As required by the property tax exemption program, the proposed housing units will be constructed after April 5, 1993, which is the date this program was implemented by the City Council. 7. Therefore, based upon the above findings, the proposed project is in conformance with most criteria and requirements set forth in ORS 307.515 through 307.537, Sections 2-14-1 through 2- 14-4 of the Springfield Code, 1965, and Standards and Guidelines adopted by Resolution No. 93- 15 for the City's Property Tax Exemption for New Low-Income Elderly Rental Housing Program, and I recommend: 1. That the Springwood, Inc. application be approved; and That a property tax exemption be granted to Springwood, Inc. for a maximum period of twenty successive years, as long as the Applicant continues to meet the criteria and requirements set forth in ORS 307.515 through 307.537, Sections 2-14-1 through 2- 14-4 of the Springfield Code, 1965, and Standards and Guidelines adopted by Resolution No. 93-15 for the City's Property Tax Exemption for New Low-Income Elderly Rental Housing Program. Dated this ~ day of June, 1993. 2. Springwood, Inc. Application Attachment I - Page 4 ~~it~ City of Springfield 7:>-<f APPLICATION .- Re. -s L\t.o\1Us~ r~f,~~C City Application Fee of $_. Includes Lane County Assessor processing fee of$ which will be refunded to the applicant if this application is not approved... Property Tax Exemption for New Low-Income Elderly Rental Housing (Sections.2-14-1 through 2-14-4 of the Springfield Code, 1965) -- Notice: You may be subject toather reasonable costs. including appraisal costs if such costa are incurred by the City or County in processing this application, which must be paid prior to final approval being granted. INSTRUCTIONS: All applicants must complete SectionA. Public benefit or religious corporations must alsO attach Schedule 1 . All applicants other than a public benefit or religious corporation must complete parts 1 to 11 of Section B and the Schedules required therein. A public benefit or religious corporation must complete parts 1 to land parts 12to 13 of Section B and the Schedules required therein. The application must be signed before a Notary Public. . If you do not supply all the required information and schedules and submit the required fees this application shall be returned to you and deemed not to have been filed. ' ========================================== Section A--Applicant Information 1. Name Spri nQWood Inc. ' Address: 382 South 58th Street Springfield, OR 97478 Telephone: 747-3373 Contact Person: Daniel J. Desler . Low-Income Rental Housing Property Tax Exemption Program Application . Page 1 1-5 p--~ . . . . . ", 2. Is the applicant: a) Yes XX A public benefit corporation; or No b)-_ Yes XX - A religious corporation? No - - (Ctt onc CS.001 (31) end 65.001(33) Definitions €In E)(hil:lit .^.) If "No;' was checked in both 2.a) and 2.b) above. complete parts 1 to 11 in Section B.and appropriate Schedules. You may skip parts 12 to 13 of SectionB. - If "Yes" was checked in either 2.a) or 2.b) above. complete parts 1 to 7 and parts 12 to 13 in Section B. You may skip parts 8 to ] 1 of Section B. Section' B--Property 1. Property Owner.: Sprinqwood, Inc. Property Address: 29th and Main Street Springfield, OR 97477 Assessor's Number: 17023] -300 170231-700 Attach as Schedule 2 applicant's proof of ownership, or if not owner, proof of applicant's interest under a purchase contract. 2. Portion of Property for which exemption is sought: All XX The following described portion: Approximately 35 acres of medium density residential land rezoned, but not vet partitioned or sub-divided. Legal de~cription enclosed. Low-Income Rental Housing Property Tax Exemption Program Application Page 2 1-6 'P-fp . . . 3. Description of purpose of project: Rental Housing and support services for low income elderly. All of the property for which exemption is sought will be used for this purPose, or xxx The following described portion of the property will be used for this purpose: Approximately 35 acres. Legal Description enclosed. - -, Project Construc.tion Dates: , Commencement of Construction: 1993 Anticipated Completion: 1996 4. xx Yes No. The Rent Regulation Agreement attached as Schedule 3 and Consent to Inspection of Premises attached at Schedule 4 have been executed and applicant agrees to maintain the same in effect throughout the duration of the tax exemption period. 5. Yes --XX. No. Will the development cause displacement of low-income persons? If "yes," explain mitigating circumstances that should be considered by the City. 6. Yes XX No. Will the development have an effect on historic properties? If "yes", explain mitigating circumstances that should be considered by the City . 7. Yes XX No. Will the development have an effect on historic properties? If "yes," provide information as to any permit therefore or exception granted by the Springfield Planning Commission. Low-Income Rental Housing Property Tax Exemption Program Application 1-7 Page 3 0-'7 . ' . , Public benefit or religious corporations skip parts 8 to 11, complete parts 12 to 13. The portion of the property for which exemption is sought is or will be offered for rent., xx No. Yes 8. . xx No. The portion of the property'for which exemption is sought - is or will be occupied solely by low-income persons, who also meet the age req'uirement of the Fair Housing Act of 1988. If "yes," attach a Certification of Income Levels of Low-Income OccupantS as Schedule 5. 9. Yes No. The required rent payment reflects, or will reflect the full value of the property tax exemption. Attach documentation as Schedule 6. Yes 10. xx 11. Describe how the tax exemption will benefit project occupants:- The entire net amount of the tax exemption will be passed on to reduce the rents, making them more affordable to very low income residents. Applicants not applying as a public benefit or religious corporation skip parts 12 to 14. The property is unoccupied, and the attached Schedule 7 documents that it will be offered for rental solely as a residence for low-income residents. nla Yes 12. No. . n/a The property is occupied, and the attached Schedule 7 documents that it is occupied solely as a residence for low-income residents. Yes No. nla Attached as Schedule 8 is documentation that the applicant expends no more than ten percent (10%) of its annual income from residential rentals for purposes other than the acquisition, maintenance, or repair of residential rental property for low-income persons. Yes No. The foregoing application, together with the application fee set forth above, is hereby submitted requesting an exemption from ad valorem taxes for the property described herein for a period of 20 successive years, commencing with the tax year 192L. . Low-Income Rental Housing Property Tax Exemption Program Application Page 4 1-8 D-~ . . . . . , ~.."'. If this application is submitted on behalf of a corporation, association, or pa~rfership; the individual signing this application specifically representsrthat heor she is authorized to act on behalf of the corporation, association, or partnership. ... ) //1 - Dated this LJf.. day of ;/ ~ , 19.1.3 ~ U 0p,c/N C CvocJD JAJG J (Name of Applicant) By: /7 . y ?~ (Atit-norized Representative of Applicant) -- STATE OF O~~A \~ COUNTY OF . f\/a./VL.-( ss. On the 1 cd/J0ay of ,JZf.,l'f/! r ./ -,J..F. I named !:/t?./JUiU; (/~F voluntary act and deed. . , 19 ~~ personally appeared befo.rem,.e the within- , and affirmed the foregoing to be . r'l// f ,,// // I ~I;!///:/-<, / 91 ~~ Y'! ,/" Notary Public for ~.t;;h II d~A'~""'--:-- !/ \\ I' flue( / q j I . I My Commission Expires: CITY OF SPRINGFIELD 225 Fifth Street Springfield. Oregon 97477 Accepted this \6-lV\dayof ~- Received By: D~ , 19i.2. (Siqnature) Print Name: ~. NC\ka.VVt~ ~~~ ~/;+- Title: Low-Income Rental Housing Property Tax Exemption Program Application Page 5 1-9 D-Cf I1V ' lif' .' / .... 'lO ',,:' " . '.' ./ I}P' 91.3:1277' ~V~9 ' 15' 12-\tt3 ' SCHEDULE 2 . ASSIGNMENT AND CONVEYANCE BY OWNER OF VENDEE'S INTEREST .IN LAND SALE CONTRACT DATE: July 1, 1991. PARTIES: 3S91JUL.03 '91n07REC 2D.Q 3891JLl.03'91ff07PFUNo lD..Q ~B91JUL.D3'91If07MT FlH> Zl..Q Good Neighbor Care Centers, Inc., an Oregon corporation ("ASSIGNOR") and Springwood, Inc. ("ASSIGNEE") RECITALS: . A. Assignor is the owner of the Vendee's interest in a Land Sale Contract dated July I, 1991, between Burkland, Inc., as Seller ("Contract Seller"), and Assignor as purchaser, a notice of which .....as recorded on July3., 1991, Reel No. J'70~~ , Reception No. 9131276 , official records of Lane County, Oregon ("Contract"). The property which is the subject of the Contract is described in Exhibi t A ("Property"). B. Assignor desires to assign and convey its interest in the Contract and the Property to Assignee and Assignee desires to acquire such interests on the terms and conditions set forth below. AGREEMENT: 1. Assiqnment and Conveyance. Assignor hereby assigns its interest in the Contract and conveys its interest in the ~roperty to Assignee. 2. Covenants. Assignor covenants as follows: 2.1 It is the owner of the vendee's interest in the Contract; 2.2 It is not in default under the terms of the Contract; 2.3 The vendee's interest in the Contract is free of all liens and encumbrances; and 2.4 The unpaid balance of the purchase price due under the Contract is $285,000.00, with interest paid tc July 1, 1991. . 1-10 PAGE 1 - ASSIGNMENT AND COlfVEYANCE BY OWNER OF VENDEE'S INTEREST IN LAND SALE CONTRACT D-/O ," . 91.,3:1277 . 3. Assiqnee's Assumption. Assignee hereby assumes the. obligat.ions of the vendee und~r The Contract and agrees to defen~, indemnify and hold Assignor harmless therefrom. 4. Consideration. The consideration paid for this assignment is $335,000.00, receipt of which is acknowledged by Assignor. 5.' Attorney Fees. In,the ev.ent any 'suit, action, or any other proceeding, is instituted to enforce any term of this a.ssignment and conveyance, the prevailing party shall recover frOJ:l the losing party reasonable attorney fees incurred in such action as set by the trial court, including any bankruptc'y court, and, in the event of an appeal, asset by any appellate court. 6. Consent. ,This assignment has been consented to by the Contract Seller. 7, Representations. This instrument will not allow use of the property described i,n this instrument in. violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses. . ASSIGNOR: ASSIGNEE: By: INC. SPRING\^lOOD, INC. Its: /'/'~ BY:~~'" ' ,~_(Nam~' . Its: /- (Title) County of LANE ) ) ss. ) STATE OF OREGON The foregoing instrument was acknowledged before me this -1Z1h day of June , 1991, by _ Daniel J. Desler , who did sa'. that he/she is the President (Ti tIe) of Good Neighbor Care C7nters, Inc., an Oreg~n corporat~on, an~at. said instrument Was slgned on behalf of sald corporatlon by'a~t~orlty of its board of directors and acknowledged said instru ent to b its voluntary act and deed. for Oregon . e OFFICIAL SEAL ~, O. COFFMAN ~j NOTARY PUBlIC.QREGON COMMISSION NO. 005999 MY COMMISSION EXPIRES APR. 11. 1995 PAGE 2 - ASSIGNMENT AND CONVEYANCE BY OWNER OF VENDEE'S INTEREST 1-11 IN LAND SALE CONTRACT D-tI . . . . 91.31.277 . . ," STATE OF OREGON ) ) ) County of LANE My Commission Expire,s: 4-11-95 The foregoing instrument was acknowledged before me this ~ day of June. , 1991, by Daniel J. DesJer , wh9 did say that he/she is the President (Title) of Springwood, Inc.,. and that said instrument was signed on behalf of 1d rporation by authority of its board of directors owl edged said instrument to be its voluntary act and deed. (f) . OFFICIAL SEAL " D. COFFMAN ~! tlOTA?Y PUBLlC-OREGON '. -' C;OMMISSION Nq.OO5999 5 MY COMMISSiO~ EXPIRES APR. 11. 199. CONSENT for Oregon Expires: 4-11-95 The Contract Seller hereby consents to the above assignment of the vendee's interest in the Contract. How~ver; this consent shall not be construed as a release of the Assignor's liability under the Contract. .!1. -IIJ i\\ E.. DATED this~ day of July, 1991. BURKLAND, INC., an Oregon corporation By: .#~~,A/. A -LL -J? DONALD H. BURKLAND, President 1-:-12 PAGE 3 - ASSIGNMENT AND CONVEYANCE BY OWNER OF VENDEE'S INTEREST I N LAND SALE CONTRACT l;)-/~ . ,. . 91.31277 ;,~}'-) .r-:: -. : ). I , .. EXHIBIT "A" .;. PARCEL r:. B~~inning at a point on the North line of the J. C. Carter .. ltion land Claim No. 58, Township 17 South, Range 2 West of the n_.lamette Meridian, 565~62 feet East of the_interseceti~n of said North line'with the Easterly right of way line- of the Southern Pacific Company Mohawk Branch railroad, thence South 820 47' East 512.80 feet to the West line of that tract conveyed to William Sawyer and Flo SawYer, husband and wife, by instrument recorded. Mar~h 4, 1947, Book 342, Page 614, Lane _ County Oregon Deed '.~rec6rds; theI;tce,.South. O.~ :.32.~' 30",. West. 1998.5:2. feet', al.ong said. West .1ine to the Northeast corner of that tract - conveyed to Eastern Lane County Fire Patrol Association by instrument recorded January 14, 1946, Book 308, Page 163, Lane County Oregon Deed Records; thence North 890 44' West 300.0 feet; thence South 00 29' 30ft West 1016.4 feet to the North right of way line of the McKenzie Highway; thence along said North right of way line North 890 44' West 209.92 feet to a point 565.62 feet East of the aforesaid East right of way line of the Southern Pacific Company; thence North to the Point of Beginning, in Lane County, Oregon. Excepting Therefrom that portion Springfield for street purposes. conveyed to - the City of PARCEL II': . Beginning at the intersection of the East line of the railroad riqht of way with the South line of the J. C. Carter Donation Land C' to No. 58, Notif. No. 7485, in Township 17 South of Range 2 W~ , of the Willamette Meridian, and running thence East on the South line of said claim 8.57 chains, thence North parlallel with the line of said railroad'46.70 chains more or less to the North line of the claim; thence West along said North line 8.57 chains to the East line of the railroad right of way; and thence South along said line 46.70 chains to the Place of Beginning, being a part of said Donation L~nd Claim No. 58 in Lane County, Oregon, excepting therefrom a tract of 0.396 acres deeded to Lane County for a road as described in that certain deed from E. K. Wheeler and Sophia H. Wheeler to Lane County, Oregon, recorded Feb. 8, 1929, in Volume 162, Page 130 of La."1e County Oregon Deed Records'; Except therefrom the following: That certain tract of property conveyed to Winlock Handle Co., a co-partnership, by dated July 6, 1945, and recorded August 6, 1945, in the Records of Lane County, Oregon, in Book 293, Page 606; real deed Deed Also except that certain tract Cascade Lumber Terminal Inc., an September 22, 1945, recorded records in Book 297, Page 666; Also except that certain tract of real property Cascade Lumber Terminal Inc., an Oregon corporation, . I?r iber 30, 1946, recorded January 9, 1947, in said 1.1. Jok 339, Page 178. of real property conveyed to Oregon corporation, by deed dated September 25, 1945, in said deed conveyed to by deed dated deed records, 1-13 f)-I :3 l " v,.' - '}O/, . . . . ----.-.. :--- NOTICE OF, CONTRACT FOR SALE OF ~EAL'PR6PER'TY TAKE NOTICE TI-IA T the reai property described in Exhibit A, attached hereto and by this reference made a part hereof as though fully set fonh herein, has been sold subject to the telms and pro';isions of a Land Sale Contract. The consideration for this sale is $335,000. . . ~ t1 DATEDthi~dayof ~/.~')\() .1991.. SELLER: ~JUL.03~91007REC lS.~ 3891JUl.03~91tt07PFOO !O.11I ~Jl.l.03~91tt07M T Ft.lND 2O.lJI BURKLAND. INC.. an Oregon corporation - By: j) ~ ~...e....I # 4- --/ ~ .t.. . DONALD H. BURKLAND, President PURCHASER: GOOD NEIGHBOR CARE CENTERS, INC.. an Oregon corporation By: ItS: AFfER RECORDING, RETURN TO: Good Neighbor Care Centers, Inc. 382-B South 58th St Springfield, OR 97478 SEND TAX STATEMENTS TO: Good Neighbor Care Centers, Inc. 382-B South 58th St. Springfield. OR 97478 STATE OF OREGON ) ) ss. County of ~ 'eM.. ) ." I, . ."t -.. ~ -', . i)h::f;(~)~g'4nstrument was acknowledged before me this z.1:. day of ~ 199r:',b"y I2-QijA~~ BURKLAND. who did say that he is the President of BURKLAND. IN~:,an.Oreg6n \:orpor~on, and that said instrument wa..<; signed on behalf of said corporation by ajlt~ri(y of:.i~ b~:O~directors and acknowledged said instrument to be its voluntary act and cree.d;. '~U~,-\ .:;-. E ~. - , . ~ . ....' ..... .: ~' ,:; i " /1 "-.l.,~ i \" ~",~;J:;;""~"~'~~-::~'/ ",---r 0\/\/'-. ~ J i '^- i \ ...."'.... 0" l~""" Notary Public for Oregon ; .."........ My Commission Expires: II ?'7114 STATE OF OREGON ) . . ) ss. County of ) The foregoing instrument was acknowledged before me this _ day of , 1991, by , who did say that is the of Good Neighbor Care Centers, Inc., an Oregon corporation. and that said instrument was signed on behalf of said corporation by authority of its board of directors arid acknowledged said instrument to be its voluntary act and deed. Notary Public for Oregon My Commission Expires: 06'BURKLAND/GOOD NElGHBOR NOTICE - PAGE 1 of 1 061791944 . @@[PLl 1-14 D-If . . . .' NOTICE OF CONTRACT FOR SALE OF REAL".PROPER~Y SELLER: BURKLAl\TJ), INC., an Oregon corporation PURCHASER: By: DONALD H. BURKL:\t'\TJ), President , \ NCl, By: Its: ,. AFrER RECORDING, RETURN TO: Good Neighbor Care Centers, Inc. 382-B South 58th St. Springfield, OR 97478 SEND TAX ST A TE.\1ENTS TO: Good Nei~hbor Care Centers, Inc. 382-B South 58th S1. Springfield, OR 97478 STATE OF OREGON ) ) ) 5S. County of The foregoing instrument was acknowledged before me this _ day of , 1991, by DONALD H. BURKLANl), who did say that he is the President of BCRKLk'iD, INC., an Oregon corporation, and that said instrument was signed on behalf of said corporation by authority of itS board of directors and acknowledged said instrument to be its voluntary act. and deed. STATE OF OREGON Notary Public for Oregon My Commission Expires: County of LA N E ) ) ) ss. The fore~oin~ instrument was acknowle~efore me this 27thdavof June 1991. by DA-NIE-L J. DESLER (- . who did say that he is th~ President of Good Neighbor Care CIne., . Oregon corporation, and that said instrument was signed on behalf of said corp mion ~u ority of its board of directors and acknowledged said instrument to be itS volunt a~-~dJ'ciee - \ \\f' / " No r Oregon My Commis' Expires: 4-11-95 _OFFICIAL SEAL . D. COFFMAN '. .. NOTARY PUBlIC.QREGON COMMISSION NO. 005999 MY COMMISSION EXPIRES APR. 11. 1995 06!BURKL?u'\TD/GOOD NEIGHBOR NOTICE - PAGE 1 of 1 061791944 1-15 J)-I> . . . PARTIES: and RECIT ALS: " , RENT REGULATORY AGREEMENT City of Springfield, a,Municipal Corporation of the State of .Oregon (City) "Springwood, Inc. C/O GNCC' 382 South" 58th Street (Applicant) Springfield, OR 97478 A. Pursuant to the provisions of Sections 2-14-1 through 2-14-4 of the Springfield Code 1965, and the Standards and Guidelines approved by Resolution No. _ of the City Council, the City administers a program that provides an exemption from ad valorem taxes for new low~income elderly rental housing. B. Applicant has submitted an application for property tax exemption for property located at 29th and Main Street (Subject Property), to which this Agreement is attached as Schedule 3, as required by Section 5.1 of the above referenced Standards and Guidelines. Now, therefore, the parties agree as follows: 1. Report. Applicant agrees that on or before February 1 of the first tax year to which this exemption applies, and on or before February 1 of each year thereafter for the duration of the tax exemption period, it will provide to the City a report that certifies under oath: 1.1 The total number of rental units on the Subject Property which are occupied and unoccupied as of December 31 of the preceding calendar year; 1.2 The income levels of the occupants of the rental units; 1.3 That unoccupied units are being offered for rental solely as a residence for low-income persons; Rent Regulatory Agreement--1 Schedule 3 1-16 D~/~ . . . , . 1.4 That the required rental payinent{s) reflect the full value of the property tax exemption granted to Applicant for the Subject Property; and 1.5 That the occupants of the rental units meet the age requirements of the Fair Housing Amendments Act of 1988. as implemented in Volume 54 Federal Regi~ter. No. 13. Sections 100.302, 100.303 and 100.304. 2. Inspections. Applicant agrees that City may. at its option. inspect the premises at regular intervals to verify the accuracy of the reports required herein and compliance with other provisions of this Agreement. The parties may agree in writing that inspections occur on specific dates. and absent such an agreement, City may perform on specific dates, and absent such an agreement, City may perform inspections upon five (5) days prior written notice to Applicant. 3. Documentation. Applicant agrees to provide to City upon ten (10) days' prior written request. documentation of all facts certified in the report required in Section 1 of this Agreement. 4. Notices. Any notice required under this Agreemer,t shall be in writing, and directed to City in care of Development Services Department. 225 Fifth Street, Springfield, Oregon 97477. and to the Applicant at the address indicated below. 5. Effective Date. This Agreement shall become effective upon approval of the Applicant's application for ad valorem property tax exemption to which this is appended, and shall remain in effect throughout the duration of the tax exemption period. 6. Termination of Aoreement. This Agreement shall terminate. with no further action required by either party upon: 6.1 The expiration of the tax exemption period; 6.2 Termination of the tax exemption by -the City. Council for Applicant's failure to: 6.2.1 Complete construction within the time required, including any extensions granted; 6.2.2 Comply with the provisions of GRS 307.515 to 307.523. the provisions of Sections 2-14-1 through 2-14-4 of the Springfield Code. 1965. or the Standards and Guidelines adopted by Resolution No. . or this Agreement; or 6.2.3 Comply with any conditions imposed in the Resolution approving the tax exemption application. ; Rent Regulatory Agreement--2 Schedule 3 1-17 ))-/7 . . . ,. 6.3 A determination by the County Assessor that a' change of use to other than that allowed has occurred. resulting in an immediate termination of the tax exemption by the 'County Assessor. Dated this .2.2- day of Apr:i 1 , 19,93.. Print Name: Daniel J. Desler Title: President Address: C/O GNCC 382 South 58th Stree Sprlngfleld, OR ~141tl Accepted this z,z,. day of l11 vl\ .19~. CITY OF SPRINGFIELD L.~ By: Print Name: L, ~o.,~~ Title: ~~0- Rent Regulatory Agreement--3 Schedule 3 1-18 D-/fI . . . , . CONSENT TO INSPECTION OF PREMISES The undersigned, as Applicant for an ~xemption from ad valorem taxes for th_e property located at 29th and Main Street , hereby consents that upon approval of. the application to which this is appended and occupancy of the low-income rental units. authorized representatives of the City of Springfield may. for the duration of the tax exemption period, inspect the above premises at reasonable times. and without prior notice. to insure that the premises are', maintained in decent, safe and sanitary condition for the occupants thereof. Applicant acknowledges that this consent and the obligation to maintain the premises in a decent, safe and sanitary condition are material to the City's consideration of Applicant's request for exemption from ad valorem taxes for the described property. Dated this 11- day of A1;)ril . 19.9.3-. By: (Authorized Rep1esentative of Applicant) Print Name: Daniel J. Desler Title: President Address: C/O GNCC 382 South 58th Street Springfield,OR 97478 Accepted this ~Vday of ~V\ \ ,19~. CITY OF SPRINGFIELD By: L. Print Name: 1-. Wa.~lM/7--- Thle: ~~7t- Consent to Inspection of Premises Schedule 4 1-19 D-/7 .: . . " Household Size 1 2 3 4 5 6 7 8 Certification of Income levels of Low-Income. Elderly Occupants 1992 Familv Income Guidelines Springfield,60regon Very Low income elderlv lower Income $ 11,850 13,500 15,200 . 16,900 18,250 19,600 20,950 .22,300 $ 18,950 21,650 24,350 27,050 29,200 31,350 33,550. 35,700 I hereby certify that the rental units for which this exemption is sought are not occupied by, nor will they be offered for rental to persons whose incomes exceed the levels reflected above. for Very Low Income persons. In addition, I hereby certify that the occupants of the rental units meet the age requirements of the Fair Housing Amendments Act of 1988, as implemented in Volume 54 Federal Register No. 13, Sections 100.302, 100.303 and 100.304. Dated this E- day of April , 1993 . · See Definitions. Exhibit A Certification of Income Levels of Low-Income Occupants 1-20 Springwood, Inc. (Name of Applicant) By: [J' (Authorized Representative of Applicant) Print Name: Daniel J. Desler Title: President Sc:hedule 5 . D-~ . . . .... . May 20, 1993 City of Springfield 225 Fifth Street Springfield, OR 97477 C/O Lynn Nakamura RE: Schedule' #6 Dear Lynn ;,;:.,,:. . I appreciated the opportunity to meet with you to discuss the elements of the property tax exemption application. It is unfortunate that we are both plowing new ground with this application and lack examples to follow. We reviewed the ordinance page two, c, d, respectively. I trust that the following addresses our unqualified commitment to "pass through" the full benefit of the property tax exemption. However, as we discussed it is impossible at this point to make absolute dollar commitments given the unknowns such as, the property tax assessed value upon project completion, the dollar amount of credits, the time line in building out the project by phases etc. The following represents a common sense approach to the issue of tax exemption "pass through" given that certain assumptions are made. Assumptions: 1. Total number of units affected is 429. 2. A property tax limitation is established at $100,00 per annum for 20 years. 3. That ill1 units will be one bedroom. (We are considering some 2 bedroom units in Phases I & II) 4. That ill1 units will be occupied by a single qualifying elderly adult at 30% of 50% of medium income. (Very low income) 5. That actual costs of the project will parallel those used for estimating purposes. I hesitate on this issue due to the uncertainty represented by surprises like a $140,000 SDC expense for Willamalane Park _ District, which until a couple of months ago yvas not recognized as a project cost. In addition, we are completing a traffic study and " 1-21 :. '": -....': 747-3373 FAX: 747-0673 7)- ;(/ . . . 6. wetland mitigation which given the outcome, will no doubt substantially impact costs. That income guidelines remain constant as represented on sch_eduJe #5 1992 Family Income Guidelines~ Springfield, Oregon. ,'. Tax exemption pass through (based on assumptions) 1 . Maximum monthly rent * . Very low income @ 11,500 = $355.00 per month. .2. Tax exemption applied * $100,00 divided by 429 = $19.40 < 19.40> per month Total estimated monthly rent $335.60 per month. Note: The full benefit of the tax exemption will be passed through monthly in the form the form of rent reductions on a pro-rata basis among living units. In closing, I trust that this explanation and example meets the intent and our interpretation of the ordinance. It is my understanding that this schedule completes the requirements for our application. .. cc: Joe Leahy AI Johnson Susan Daluddung DJD/gky 1-22 D-tX.~ . . . .. Schedule 6 , (;ooe} 0!e i~lll)or <: ,\ H E { l'.:--; 'I I: H ,.....;, I :--;,(' June 15, 1993 Lynn Nakamura C/O City of Springfield_ 225 Fifth Street- Springfield, OR 97477 RE: Tax Exemption Proforma Budget Dear Lynn I trust that this documenf together with my last letter in which I pointed out significant contingency factors will provide you with a basis in support of our request. You will note that the $100,000 tax exemption is passed directly through to the renter in the form of reduced rents. In addition, please note that even with the cap of $100,000 the project will still be responsible for payment of $110,000 in property taxes at an assumed rate of $15 per $1,000 in assessed valuation. Thank you for your time and patience. Please call if you have any questions. Sincerely ~1f2;2 President, Chairman of the Board cc: AI Johnson DJD/gky ::-_'J. : ....-. "_ -._--.~. ;-~;S' ':::-. :._':.: "-" :..:....,; 1-23 7j7-:~.D3 : FAX: 747-Clb73 D-23 . . . ., .. One Bedroom/One Bath(Net of Utifities) Two Bedroom/One Bath(Net of Utilities) Laundry Income Other Income Scheduled Gross Income 5% Vacancy Rate Effective Gross Income Property Taxes (1 5/t 000 Mileage Rate) Insurance On-Site Management Professional Management Advertising Garbage Common Area Utilities Water and Sewer Repairs and Maintenance Landscaping Replacement Reserves Turnover Costs (net) Other Total Operating Expenses Net Operating Income (Before Debt Service) SPRINGWOOD, INC. Springfield. OR Estimated StabirlZed Operating Budget 1993 Base Year Unit Sq. Ft., Mix per Unit 251 630 146 798 397 Revenues No Tax Abatement Monthly Annual Rent' Total 310 933.720 310 648,240 Oper~ting Expenses Annual Debt Service on 7.500.000 at 9% for 30 years Positive Cash Row 1-24 38.112 1.620.072 (81,004) 1,539.068 No Tax Abatement Annual Per Unit 529 135 151 151 15 80 90 215 335 30 150 13 20 1914 Annual Total 21 ??oo 53595 60000 6??oo 6000 31760 35730 85355 132995 12000 59550 5000 7940 759925 779,143 724160 54.983 Tax Abatement Monthly Annual Rent Tot~ 288 867,456 348 609.696 Tax Abatement 38.112 1.515.264 (75.763) 1 .439.501 Annual Per Unit 277 135 151 151 15 80 90 215 335 30 150 13 20 1662 Annual Tot~ 1 1 ??oo 53595 60000 60000 6000 31760 35730 85355 132995 12000 59550 5000 7940 659925. 779.576 724160 55.416 l),;ttj . . . ... . EXHIBIT C- , STATEMENT IN SUPPORT OF THE APPLICATION I have submitted an application to the City of Springfield's Property Tax Exemption for New Low-Income Elderly Rental Housing Program. I agree to be bound by the criteria and requirements of the program as set forth in ORS 307.515 through 307.537, Sections 2-14-1 through 2-14-4 of the Springfield Code, 1965, Standards and Guidelines adopted by Resolution No. 93-15 for the City's Property Tax Exemption for New Low-Income Elderly Rental Housing Program, the Application for Property Tax Exemption for New Low-Income Elderly Rental Housing ar:1d all Exhibits referenced therein and Report and Recommendations of the City Manager (Exhibit A). In the event a separate tax lot is created or required by the Lane County Department of Assessment and Taxation for the purpose of administering the exemption, I agree to record a notice on the property indicating that such tax lot is solely created for the purpose of this Property Tax Exemption Program, and does not constitute a land division. In the event that I do not meet the criteria and requirements of the program as cited above, I understand that termination of the exemption may occur. As an inducement to the City of Springfield to provide this program benefit, I hereby waive any irregularities or defects in the process by which Resolution No. resulted in the City of Springfield approving this application and granting a property tax exemption. Dated this day of , 1993. (Name of Applicant) By: (Authorized Representative of Applicant) Print Name: Title: Address: Springwood, Inc. Application Attachment I - Page 5 D-;;~ . . . l' '. . ..,. .... 1-26 EXHIBIT 0...1 LEGAL DESCRIPTION OF PRO?~~ (J\fediwl1 Density Residenti:l!) Beginning at a pointlhal is Hortl1 ()" 29' 30" East 430.82 feel and SomII 89" 44' East 775.54 feet .from tlle intersection oftlJe Northerly right-of-way of McKel1zie Highway and t11C Easterly right-of-way ofaw Branch Line ofSoutl1errl Pllcific . Rnilroad; run tllence North 89044' lVest 209.92 feet; tlu:nce North 0033'28" East 889.18 feet; tllence SOUtll 89n 52'20" rVest 310.91 feel.: thence HortllOo07' 40" West 1500.39 feet to tbe center of a drainage WIlY; thence along said drainage way Norell 7r 20' Ellst 41.47 feel; (llence SOUtl1 72045' East 105.85 feet; thence South 63050' East 108.90 feet; tllence South 72030' E7Sl 92.36 feet; thence leaying said drainage way Nortl1 0032'10" East 355.31 feet to Ii point on the Southerly rigl1t-of-lVc7Y of Southern Pe7cific Rev/road; tllence along snidright-of- wliy South 82047' E.'lst 512.80 feet; ellence leaving said rigbt-or-way South 0032' 30" fVeoft 1998.52 feel; lbence Norlb 89044' West 300.00 feet; tbence SOUtl1 0029' 3(J", West 585.58 feet to t11e P1c'lce of Beginning, in Springfield, Lane County, Oregon. Said p.-u-ccl cOlltruns 37.26 acres, more or less. Tj~e ~bove descriptions were prepe7red from existing deed e7nd survey records and may be subjecllO minor vnric7tions disclosed in a survey of the above properties. ~ 1 D-~~