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Report (2) 431-11 10/9^ 003`jam Approved: 9/20/2020 TSDC Exempt: $296,529 Parks Exempt: $ 513,615 City of Tigard Total SDC Exemption: $810,144 a Systems I)evclopment Charge (SI)(;) Exemption Application 11t,Aiila REQUEST FOR REGULATED AFFORDABLE HOUSING SDC EXEMPTION (New Construction—Rental and For Sale. Allowed under TMC 3.24.100.D) Note: Refer to the Systems Development Charge(SDC)Exemptions for Regulated Affordable Housing Guideline for eligibility requirements before completing application. City"Transportation and Park SDCs exemption only. PROPERTY INFORMATION REQUIRED SUBMITTAL Name of Property O«tier: CDP Developers, LLC ELEMENTS 4'00 s 2.2 El Compiitnce Agreement or Contract Property address/location(sI: SW 72nd Ave&SW Baylor St,Tigard,OR 97223 0 Legal Property Description QProof of Ut‘ner'hip / Tax map and tax- lot 4(s): 1S136DC00300, 1S136DC00301, 1S136DC00400 Authotized Represmntative ❑r Plat Map Name of project/Development: SW 72nd Ave&SW Baylor St ❑r Estimated SDC Costs\Vork,het t Q \pplication Antic ipated construction end date: 10/2021 FOR STAFF USE ONLY I it I vpe I r)tal I inns l`nits to Receive I ,xciuptuut 1pplica ton accepted; Single Family Detached l f3i': in-1G Single Family Attached Date ti C-1 I iO Apartment/Condominium i 81 ` 81 \ppltc nol: u completed: lie: Mai Quach APPLICANT INFORMATION Daft': Approved 9/2/2020 Entity Type (check all [—limited Liability Company Corporation t'ommints. V l26 . L'orr-LP)1 oo02, that apply): ['Limited Partnership ❑Individual d_5rZ.eM a' t ci s± D n5• ❑Other(specify): ev`': Cractii k,' 11 11, 1'0t h Nome(s) (Entity or Individual) as b' appears on title of property: CDP Developers LLC Address: 126 NE Alberta St.,Suite 202,Portland,OR 97211 Signatory(s) (authorized to sign on behalf of entity/inditiidual): Eric Paine I Kyle Paine Title with Entity (e.g.,Member,Pre.ident: Individual,if not owned by entity): Manager /Director Phone: 971-533-7466 /949-922-3578 Email: eric@communitydevpartners.com /kyle@communitydevpariners.com Project Contact if other than Applicant: Wendy Klein 1,ontacr ]'hone: 347-218-0242 Contact Email: wendy@communitydevpartners.com City of Tigard • 13125 S Hall Blvd. •Tigard,Oregon 97223 •www:tigard-or.guc •SDC Exemption Application •Page 1 of 3 • THE APPLICANT(S) ACKNOWLEDGE(S) AND AGREE(S) THAT: 1. I (We) understand that by accepting this application and documents for an SDC exemption,the City is in no way committing actual funding or exemptions for my project. Commitment of an exemption will only be made after all documentation is received and city stiff have reviewed and approved my request. 2. In the event the property for which an exemption is granted ceases to be utilized for regulated affordable housing before the minimum 20-year occupancy requirement,the owner of the property will be required to pay to the city the amount of the exempted systems development charges,plus interest. 3. If the application is approved,the applicant must record the executed Compliance Agreement.Declaration of Restrictive Covenants and Equitable Servitude with Washington County prior to the City's issuance of a Certificate of Occupancy. 4. All statements made in this application are true and accurate and are made for the purpose of obtaining the exemption indicated herein. 5. Verification of any information contained in this application may be made at any time by the City of Tigard and the original copy of this application will be retained by the City. 6. The City,its agents,successors and assigns will rely on the information contained in this application and the information IiWe have represented herein;if any information should change prior to obtaining a certificate of occupancy,I (We)will notify the City. THE APPLICANT(S) SHALL CERTIFY THAT: I (We)certify that the information provided in this application is true and correct as of the date set forth opposite my(our) signature(s)on this application. SIGNATURE of owners(s) or authorized representative(s) required Kyle Paine algdC4d*:202lY Waned 021 ;;a,110. Kyle Paine 01/02/2020 Applicant or Authorized Representative Signature Print Name Date Applicant or Authorized Representative Signature Print Name Date Applicant or Authorized Representative Signature Print Name Date City of Tigard • 13125 SW Hall Blvd. •Tigard,Oregon 97223 •wwa:tigard-or.gov •SDC Exemption Application •Page 2 of 3 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements"box. It is the responsibility of the applicant to ensure that the application for the SDC exemption is submitted and approved before the payment of all SDCs are due to the City. SDCs are calculated and due and payable pursuant to Tigard Municipal Code 3.24.080. In accordance with TMC 3.24.080.B, the City may not issue a building permit or allow connection to the City's systems until either all SDCs have been paid in full or an exemption has been granted. It is the applicant's sole responsibility to ensure an exemption application is submitted to the City in a timely manner in order to meet the timelines in TI1IC 3.24.080. SUBMIT COMPLETED APPLICATION TO:SDC Administrator, Finance and Information Services, City of Tigard, 13125 SW Hall Blvd.,Tigard, OR 97223. If dropping the application off in person,drop off at the Utility Billing(UB) front counter located within Tigard City Hall. Questions can be directed to the SDC Administrator at SDC@Tgard-or.gov or 503-718-2460. City of Tigard • 13125 SW Hall Bh d. • Tigard,Oregon 97223•wwwtigard-orgov •SDC Exemption Application •Page 3 of 3 Washington County,Oregon 2020-084480 D-IRUL Stn=16 M LOPEZ 09/02/2020 08:39:11 AM RETURN TO: $45.00$11.00$5.00$60.00 $121.00 City�..r I,Margaret Garza,Director of Assessment and Taxation and Ex. igard Ofhcio County Clerk for Washington County,Oregon,do hereby Finance and Information Services certify that the Within instrument of writing was received and recorded in the book of records of said county. 13125 SW Hall Blvd. Tigard,OR 97223 Margaret Garza,Director of Assessment Attn:SDC Administrator and Taxation,Ex-Officio County Clerk SPACE ABOVE FOR RECORDER'S USE CITY OF TIGARD COMPLIANCE AGREEMENT,DECLARATION OF RESTRICTIVE COVENANTS AND EQUITABLE SERVITUDE SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING THIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COVENANTS AND EQUITABLE SERVITUDE (the"Agreement") is made and entered into this I T ti day of A u q IA S I , Z. Q 2 0 by and between Tigard Triangle Limited Partnership(the"Grantor")and the City of Tigard(the"City"). PURPOSE The City desires to exempt the regulated affordable housing project known as Tigard Triangle Apartments / 72.d&Baylor Apartments,or a portion thereof, (the"Project"),located at 11600 SW 72nd Avenue,Tigard,Oregon, from payment of City of Tigard parks and transportation system development charges ("SDCs") pursuant to Tigard Municipal Code. The legal property description of said Project is set forth in Exhibit A,which also is attached hereto and incorporated herein by reference. The SDCs exempted for eligible Project units are shown on Exhibit B. Grantor desires to receive the exemption, to satisfy the conditions thereof, and to execute and record this Agreement for the purpose,in part,of creating restrictive covenants and an equitable servitude that shall run with the Project land and bind any and all subsequent owners of the Project for the term of this Agreement. AGREEMENT SECTION 1. REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE GRANTOR CONCERNING USE OF THE PROJECT AS REGULATED AFFORDABLE HOUSING. Grantor hereby represents,covenants,warrants and agrees that a. Grantor will maintain the Project or a portion thereof as regulated affordable housing, as defined in Tigard Municipal Code 3.24(adopted March 6,2018),for a period of 20 years (the"Exemption Period") from the date of issuance of occupancy permits or final inspection approval is granted by City ("Exemption Date"). b. Grantor will comply,and will cause its agents,employees,contractors,subgrantees and assigns,if any,to comply with the terms and conditions of this Agreement and all otherwise applicable laws (including,without limitation, all applicable federal, state and local statutes, tules,regulations, ordinances and orders affecting the Project or aactivities related thereto). t I.O. SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page I of 8 SECTION 2. COVENANTS TO RUN WITH THE LAND; EQUITABLE SERVITUDE. The Grantor represents,covenants,warrants and agrees that a. The City is granting the exemption to the Grantor as an inducement to the Grantor to develop and operate the Project in accordance with the terms of this Agreement In consideration of the receipt of the exemption, the Grantor has entered into this Agreement with the City and has agreed to restrict the use of the Project during the Exemption Period as set forth in this Agreement b. The representations,covenants,restrictions,granted by Grantor therein with respect to the Project shall be deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude running with the Project land in favor of and enforceable by City. These restrictive covenants and equitable servitude shall pass to and be binding upon the Grantor's successors in title including any purchaser,grantee or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors, administrators, devisees, successors and assigns of the Grantor or any purchaser,grantee or lessee of any portion of the Project and shall pass to and be binding upon any other person or entity having any right,title or interest in the Project Each and every contract,deed or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein shall contain an express provision making such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that any such contract,deed or instrument shall conclusively be held to have been executed,delivered and accepted subject to such covenants,restrictions and charges regardless of whether or not such covenants,restrictions and charges are set forth or incorporated by reference in such contract,deed or instrument. SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project land by enhancing and increasing the enjoyment and use of the owners and tenants of the development,the intended beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the exemption is granted. SECTION 4. COMPLIANCE REPORTING. The Parties hereby agree that Grantor,if requested by the City,will provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling its obligations under this Agreement The City may inspect the Project,and any part thereof,and may inspect and copy all records of the Project, upon reasonable notice to the Grantor. The Grantor, its agents, employees, and subcontractors will cooperate fully with the City in any requested inspection or compliance monitoring. SECTION 5. TERM OF AGREEMENT. The parties agree that this Agreement and the restrictive covenants and equitable servitude created hereunder shall become effective upon execution of this Agreement and shall remain in full force and effect for a 20-year Exemption Period. Notwithstanding any other provision of this Agreement, this Agreement shall terminate and be of no further force and effect in the event of a completed foreclosure by the primary financing lender or by a lender to whom the City has subordinated this Agreement,or their successors or assigns,or in the event of a delivery by the Grantor of a deed for the Project to the primary financing lender in lieu of foreclosure,or to a lender to whom the City has subordinated this Agreement,or their successors or assigns. SECTION 6. TERMINATION. The City may terminate this Agreement,without further liability,upon 30 days'notice and opportunity to cure. Notwithstanding termination,City may pursue any remedy provided for in Section 7. If the Grantor fails to perform or breaches any of the terms of this Agreement;or immediately and without notice and opportunity to cure if the City loses the authority to grant the exemption,is determined by its counsel or otherwise as lacking the authority to administer the exemption, or fails to receive or loses necessary funding, SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 2of8 appropriations, limitations or other expenditure or position authority sufficient to carry out the terms of this Agreement SECTION 7. REMEDIES. If the Grantor defaults in the performance or observance of any covenant, agreement,or obligation set forth in this Agreement and if such default remains uncured for a period of 30 days after the notice thereof shall have been given by the City to the Grantor,then the City,at its option,may take any one or more of the following steps: a. Have access to and inspect,examine and make copies of all of the books and records of the Grantor pertaining to the Project; b. Terminate the exemption of the Project or a portion thereof,in which case the SDC's exempted herein shall be immediately due and payable to City in the amounts shown on Exhibit B,along with interest accruing from the Exemption Date. City may,in addition to an action to collect SDC's due,withhold issuance of building or development permits until paid in full; c. Take such other action under this Agreement,at law or in equity as may appear necessary or desirable to the City to enforce the covenants,agreements,warranties,and obligations of the Grantor hereunder. No waiver or delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of any person entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. SECTION 8. RECORDING AND FILING. The Grantor shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the real property records of Washington County and in such other places as the City may reasonably request The Grantor shall pay all fees and charges incurred in connection with any recording. The Grantor shall provide either the original recorded document or a certified copy of the recorded document within ten days of the date of this Agreement SECTION 9. GOVERNING LAW;VENUE. This Agiccu,ent shall be governed by the laws of the State of Oregon. The courts of the State of Oregon,or to the degree necessary,the U.S.District Court for the District of Oregon shall have exclusive jurisdiction over any action brought by or against the City under this Agreement The Grantor hereby consents to such exclusive jurisdiction and waives any and all objections it might have thereto. SECTION 10. AUTHORITY. Grantor hereby represents,warrants and certifies that a. It possesses legal authority to apply for and accept the terms and conditions of the exemption and to carry out the proposed Project; b. Its governing body,if any,has duly authorized the filing of the application,induding all understandings and assurances contained therein; c. The person identified as the official representative of the Grantor in the application is duly authorized to act in connection therewith and to provide such additional information as may be required. The Grantor's official representative has sufficient authority to make all certifications on its behalf; d. This Agreement does not and will not violate any provision of any applicable law,rule,regulation or order of any court,regulatory commission,board or administrative agency applicable to the Grantor or any provision of the Grantor's organic laws or documents; SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 3 of 8 e. This Agreement has been duly executed by an official representative of Grantor,delivered by Grantor,and will constitute the legal,valid and binding obligations of the Grantor, enforceable in accordance with their terms. SECTION 11. INDEPENDENT CONTRACTOR Grantor acknowledges and agrees that it is acting in its own independent capacity under this Agreement and not as an agent or subcontractor for the City. Grantor assumes full responsibility for its own actions and shall provide for its own insurance and other compliance responsibilities,including providing for its own workers'compensation and other insurance coverage,as needed. SECTION 12. AMENDMENTS. This Agreement may be amended only by a written instrument executed by the parties hereto or by their successors and duly recorded in the real property records of Washington County. SECTION 13. SEVERABILITY. If any provision of this Agreement shall be invalid, illegal or unenforceable,the validity,legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. SECTION 14. CONSTRUCTION. The parties to this Agreement acknowledge that each party and its counsel have participated in the drafting and revision of this Agreement Accordingly,the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment,modification,supplement or restatement of the foregoing or of any rxhtbit to this Agreement SECTION 15. NO LIMITATIONS ON ACTIONS OF CITY IN EXERCISE OF ITS GOVERNMENTAL POWERS. Nothing in this Agreement is intended,nor shall it be construed, to in any way limit the actions of the City in the exercise of its governmental powers.It is the express intention of the parties hereto that the City shall retain the full right and ability to exercise its governmental powers with respect to the Grantor,the Project,the land,and the transactions contemplated by this Agreement to the same extent as if it were not a party to this Agreement or the transactions contemplated thereby,and in no event shall the City have any liability in contract arising under this Agreement by virtue of any exercise of its governmental powers. SECTION 16. TIME IS OF THE ESSENCE. Time is of the essence in the performance of the obligations of this Agreement. SECTION 17. NOTICES. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery or first class mail,postage prepaid,at the addresses specified below,or at such other addresses as may be specified in writing by the City or the Grantor. To the City: City of Tigard Finance and Information Services 13125 SW Hall Blvd. Tigard,OR 97223 Attn: SDC Administrator SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 4 of 8 To the Grantor. Tigard Triangle Limited Partnership 126 NE Alberta Street,Suite 202 Portland,OR 97211 Attn: With a copy to: R4 TOR Acquisition LLC c/o R4 Capital 1.1r 780 Third Avenue,16th Floor New York,NY 10017 Attn:Mark Schnitzer [Signature Page to Follow] SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 5 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY: CITY OF TIGARD,an Oregon municipal corporation By Marty Wine,City Manager GRANTOR: Grantor Name: Tigard Triangle Limited Partnership By: Its: MAvwyl) jAA 4i Abu' By: Its: By: Name,Title: STATE OF a re0 cog ) ss: COUNTY OF ANi}'WOwsOli The foregoing instrument was acknowledged before me this LD day of ACLA.V.St lip by ,',YCtt- v'2. e,who/7 is a KAM It Yll,� M 0rs�t r of -wet Tfl/tot� .e (.LM.Ii ?dr!►ti{,I lr on behalf of the Grantor. JJ OFFICIAL STAMP of fy Public for the State of Or'ti on JAMES MICHAEL LEE -, - NOTARY PUBLIC-ORE-HON , Z� 7.1)2P \ ;, COMMISSION NO.9840S7 N y commission expires: MV COMMISSION EXPIRES NOVEMBER 25,2023 SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 6 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their doh authorized representauces as of the day and year firm above written. CITY: CTTY Oh'TI(iARll,an Oregon municipal corporation liy: Marty Wine, (:ill Nana}er GRANTOR: Grant:rr Hanle: l i�ard'1'nan le I.imired Partnership By: _ Its: MANI iel) U►itt,►N+ - By: tJJ Its: By: Name,Tide: s'1'A'17;OF 0rG &I i U ;<: COUNTY OF 11.4.1frorAltk The foregoing instrument was acknowledged before me this 1, dI:o of PAhV,S VIP It, v Ee'— Pp:, P# '& _ (,who i-a-_�nUl tt V11t(Jrs2�9L� of Tl4Av4t 1✓Cov-,I. L(yl. i4- I `ar1bta (19 .on behalf of the Grantor. 4- / 1"-'" ' • OFFICIAL STAMP r. Publi 'theStai of Q✓ o't _ JAMES MICHAEL I EE J d NOTARY PUBLIC-OR ON l COMMISSYONNO.884p57 N.V commission expires: ttoV• Z. ZU� MY COMMISSION EXPIRES NOVEMBER 26,2023 SO('EXEMPTION FOR REGI LATEU,\I'IORU.UA,E11O1'SIN(;AGREENIEN1 Iu;.ARD TRIANGLE APARTMENTS Page 6of8 EXHIBIT A i EGA .DESCRIPTION OF THE PROJECT Real property in the City of Tigard, the County of Washington, State of Oregon, described as follows: A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "REPPETO& ASSOC,INC.",MARKING THE NORTHWEST CORNER OF LOT 16, FRUITLAND ACRES,WASHINGTON COUNTY PLAT RECORDS;THENCE,ALONG THE NORTH LINE OF SAID LOT 16, SOUTH 88°41'16" EAST A DISTANCE OF 291.70 FEET TO A 5/8" IRON ROD MARKING THE NORTHEAST CORNER OF THE WEST ONE- HALF OF SAID LOT 16; THENCE,ALONG THE EAST LINE OF SAID WEST ONE-HALF, SOUTH 01°28'34" WEST A DISTANCE OF 75.07 FEET TO A 5/8" IRON ROD MARKING THE SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO. 2007-123049, WASHINGTON COUNTY DEED RECORDS;THENCE,ALONG THE SOUTH LINE OF SAID ALCORN TRACT,NORTH 88°42'13"WEST A DISTANCE OF 139.95 FEET TO A 1/2" IRON PIPE MARKING THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO. 2008-040191,WASHINGTON COUNTY DEED RECORDS; THENCE ALONG THE EAST LINE OF SAID ALCORN TRACT AND THE EAST LINE OF THAT TRACT OF LAND CONVEYED BY DEED TO MELISSA S BUEHLER AS DESCRIBED IN DOCUMENT NO. 94007079,WASHINGTON COUNTY DEED RECORDS,SOUTH 01°31'56" WEST A DISTANCE OF 174.33 FEET TO A 5/8" IRON ROD MARKING A POINT ON THE NORTH RIGHT OF WAY LINE OF SW BAYLOR STREET;THENCE, ALONG SAID NORTH RIGHT OF WAY LINE,NORTH 88°40'38"WEST A DISTANCE OF 152.69 FEET TO A 5/8" IRON ROD WITH AN ALUMINUM CAP STAMPED "REPPETO& ASSOC,INC. MARKING A POINT ON THE EAST RIGHT OF WAY LINE OF SW 72ND AVE.; THENCE,ALONG SAID EAST RIGHT OF WAY LINE,NORTH 01°43'56"EAST A DISTANCE OF 249.42 FEET TO THE POINT OF BEGINNING. SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 7 of 8 l EXHIBIT B ,SC:HEIN ME,OF SDCs EXEMPTED System Exemption Amount City Transportation (TSDC) $ 296,529 Parks $ 513,615 Water NOT EIIGIBLE Sanitary Sewer NOT ELIGIBLE Stormwater NOT ELIGIBLE County Transportation Development Tax NOT ET IGIBLE Total Exemption $ 810,144 This SDC exemption is granted to the units located at the property address(es) listed below: Project Name: Tigard Triangle Apartments /72nd&Baylor Apartments in Tigard,OR 97223 Street Address No. of Units Building Permit# Address 1: 11600 SW 72nd Avenue 81 BUP2019-00343 SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT TIGARD TRIANGLE APARTMENTS Page 8of8 . Intentionally left blank THE APPLICANT(S) ACKNOWLEDGE(S) AND AGREE(S) THAT: 1. I (We) understand that by accepting this application and documents for an SDC exemption, the City is in no way committing actual funding or exemptions for my project. Commitment of an exemption will only be made after all documentation is received and city staff have reviewed and approved my request. 2. In the event the property for which an exemption is granted ceases to be utilized for regulated affordable housing before the minimum 20-year occupancy requirement,the owner of the property will be required to pay to the cite the amount of the exempted systems development charges,plus interest. 3. If the application is approved, the applicant must record the executed Compliance Agreement,Declaration of Restrictive Covenants and Equitable Servitude with Washington County prior to the City's issuance of a Certificate of Occupancy. 4. All statements made in this application are true and accurate and are made for the purpose of obtaining the exemption indicated herein. 5. Verification of any information contained in this application may be made at any time by the City of Tigard and the original copy of this application will be retained by the City. 6. The City,its agents, successors and assigns will rely on the information contained in this application and the information 1/We have represented herein;if any information should change prior to obtaining a certificate of occupancy, I (\Ve)will notify the City. THE APPLICANT(S) SHALL CERTIFY THAT: I (We)certify that the information provided in this application is true and correct as of the date set forth opposite my(our) signature(s)on this application. SIGNATURE of owners(s) or authorized representative(s) required Kyle Paine C ' K ;ab22001021 Kyle Paine 01/02/2020 Applicant or Authorized Representative Signature Print Name Date Appl.ic-att or Authorized Representative.Signature Print Name Date Applicant or Authorized Representative Signature Print Name Date City of Tigard • 13125 SW Hall Blvd. •Tigard,Oregon 97223 •wwwtigard-or.gov •SDC Exemption Application •Page 2 of 3 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements"box. It is the responsibility of the applicant to ensure that the application for the SDC exemption is submitted and approved before the payment of all SDCs are due to the City. SDCs are calculated and due and payable pursuant to Tigard Municipal Code 3.24.080. In accordance with TMC 3.24.080.B,the City may not issue a building permit or allow connection to the Cit}'s systems until either all SDCs have been paid in full or an exemption has been granted. It is the applicant's sole responsibility to ensure an exemption application is submitted to the City in a timely manner in order to meet the timelines in TMC 3.24.080. SUBMIT COMPLETED APPLICATION TO:SDC Administrator, Finance and Information Services, City of Tigard, 13125 SW Hall Blvd.,Tigard, OR 97223. If dropping the application off in person,drop off at the Utility Billing(CB) front counter located within Tigard City Hall. Questions can be directed to the SDC Administrator at SDC@tgard-or.gov or 503-718-2460. City of Tigard • 13125 SW Hall Blvd. •Tigard,Oregon 97223 •wwwiit ard-or.guy•SDC Exemption Application •Page 3 of 3 Washington County,Oregon 2020-055977 D-IPPS Stn=16 M LOPEZ 06/25/2020 11:29:49 AM $115.00$11.00$5.00$60.00 $191.00 I,Margaret Garza,Interim Director of Assessment and Taxation and Ex.Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and After Recording Return to: recorded in the book of records of said county. Margaret Garza,Interim Director of Assessment and Taxation,Ex-Officio Washington County Department of Housing Services Attention: Director 111 NE Lincoln Si..Suite 200-I. Hillsboro,Oregon 97124 Project: Tigard Triangle Apartments REGULATORY AGREEMENT THIS REGULATORY AGREEMENT("Agreement") is entered into as of the 1st day of June, 2020(the "Effective Date"),between Washington County, a political subdivision of the state of Oregon("County" or"Lender"), and Tigard Triangle Limited Partnership, an Oregon limited partnership("Owner"). This Agreement is the"Regulatory Agreement"referred to in the Loan Agreement between the County and Owner, which is developing Tigard Triangle Apartments,and is entitled to the benefits of, and subject to the limitations of,the Loan Agreement. Capitalized terms used herein without definition have the meaning ascribed to them in the Loan Agreement. Recitals A. The Metro Housing Bond (the "Bond") was approved by voters in the Metro Region("Region")in 2018. Metro distributes Bond funds to local governments within the Region. The local governments will then make grants or loans to developers of affordable housing on terms more favorable than those offered by private lenders, in order to encourage the development of affordable housing, B. The County has approved a loan to Owner in the amount of Eleven Million Five Hundred Eighty-Three Thousand Dollars (S11,583,000.00) to construct a multi-family structure to be known as Tigard Triangle Apartments which will contain a total of Eighty-One (8 1) apartment units and Sixty-Four(64)parking spaces(the"Project"). C. The Project will be on property of Owner located at 11600 SW 72°d Avenue, Tigard. Oregon 97223. as more fully described on Exhibit A attached hereto(the"Property"), The Property includes the Project and all additional buildings, structures, fixtures,equipment and other improvements now or later constructed or located upon the Property. Page 1 —Regulatory Agreement(Tigard Triangle Apartments) • D. Owner agrees to the restrictions,covenants and obligations set forth herein on the Project, which will run with and be a burden on the Property and will be binding on any subsequent purchaser,grantee,owner or lessee and any other person or entity having any right, title or interest therein and upon their respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee, owner or lessee of the Property. Agreement NOW, THERFORE, for good and valuable consideration,the receipt and sufficiency for which are hereby acknowledged, and in consideration of the promises and covenants contained herein,the parties hereby agree as follows: Section I. Definitions In addition to other defined terms in this Agreement, the following terms have the meanings set forth below. Affordability Period means a period that begins on the date that a final Certificate of Occupancy is issued by the City of Tigard, Oregon and ends no sooner than sixty (60)years after such date unless such period is extended pursuant to the terms of the Note in which event the period shall end no sooner than ninety (90) years after such date. Allowable Rent means the amount charged for a Dwelling Unit, which amount may not exceed 30%of the imputed income limitation applicable to such unit (as described in Section 2.1 of this Agreement)as determined in accordance with Section 42 (g) (2)of the Internal Revenue Code of 1986,as amended (the "iIRC"), and applicable regulations. If the tenant separately pays utilities, then the maximum Allowable Rent will be adjusted downward by the applicable utility allowance in compliance with Oregon Housing and Community Services ("OHCS") or U.S. Department of Housing and Urban Development("HUD")requirements. For units with PBV or VASH assistance or subsidy, the maximum Allowable Rent will be determined by the formula set by HUD for project-based Section 8. Dwelling Units means all of the multifamily rental housing units in the Project that are occupied or available for occupancy. Fiscal Year means the period beginningthe first day of January of each year and ending on the last day of December. Local Implementation Strategy(LIS) means the County's documented strategy to distribute Bond funds for the development of affordable housing which is attached as Exhibit D. Median Family-Income for the Area or("MFI")means the median gross income for the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area, calculated in a manner consistent with the detertnination of median gross income under Section 8 of the United States Housing Act of 1937,as amended(or, if such a program is terminated, under such program in effect immediately before such termination.) Page 2—Regulatory A -eement(Tigard Triangle Apartments) Partnership Agreement means that certain Amended and Restated Agreement of Limited Partnership of the Owner, dated as of June 25 ,2020, among the Housing Authority of Washington County, as Special Limited Partner,CDP HAWC Tigard,LLC, as the General Partner,and R4 TOR Acquisition LLC, as Investor Limited Partner. Project-Bused Voucher or PBV means a rental subsidy provided to the unit to reduce rent for qualifying tenants through Housing and Urban Development's Housing Choice Voucher program, as administrated by the Housing Authority of Washington County. Public Subsidy means any government sponsored credit,funding or abatement, including but not limited to: loans; property tax or assessment abatements,credits or reductions; taxable or tax-exempt bonds; or grants,including fee waivers. Qualified Tenant means any tenant who meets the MFI requirements at the specified affordability level, as described in Section 4. Screening Criteria means the standards used by Owner or Owner's agent to evaluate prospective tenants in compliance with Section 3 herein. Veterans Affairs Supportive Housing or VASH means a rental subsidy provided to the unit to reduce rent for qualifying homeless veterans through Housing and Urban Development's HUD-Veterans' Affairs supportive housing program, which combines HUD housing vouchers with case management and clinical services provided by the Department of Veterans Affairs. [The remainder of this page intentionally left blank.] Page 3—Regulatory Agreement(Tigard Triangle Apartments) Section 2. Project Requirements, Management 2.1. At all times during the Affordability Period*, Owner will provide the following DweIlin Units for the Project: Unit Size ; No. of Units E D4FI% I PBV I VASH 1-BR, 1-BA 14 30% 5 1-BR, 1-BA 11 60% '• 2-BR, 1-BA 10 30°10 2 ; 3 2-BR,. I-BA 36 60% i 3-BR,2-BA 10 30% 6 Total 81 $ 8 I I t * If the Affordability period is extended pursuant to the Note, MFI for the dwelling units shall increase to 60%MFI for years 61 through 90. 2.1.1. Loss of Subsidy: ,MFI for the Dwelling Units with PBV assistance or VASH assistance will be restricted to 30%for as long as the PBV or VASH subsidy is in place. If the subsidy becomes unavailable. Owner can request the County authorize an increase in MFI up to 60%. Allowable Rents may be increased subject to rent control limitations in state law. 2.1.2. Failure to Perform: If the Project is not performing financially, as demonstrated by a debt-to-coverage ratio less than 1.0. and the County determines that the Project is at risk of falling into disrepair. Owner can request the County to authorize an increase in MFI of Dwelling Units without PBV assistance to up to 60%. subject to the approval of the Equity Investor and Senior Permanent Lender. Allowable Rents may be increased subject to rent control limitations in state law 2.1.3. Extension of Affordability Period: If the Affordability Period is extended pursuant to the terms of the Note, MFI for all of the Dwelling Units shall increase to 60%MFI for years 61 through 90. 2.2. Dwelling Units will not be materially altered in size, floor plan, handicap accessibility, or amenities during the Affordability Period, unless otherwise approved in nriting by the County or as required by applicable law. 2.3. During the Affordability Period, each Dwelling Unit will be rented or available for rental to members of the general public,except during temporary vacancies or periods Page 4-Regulatory Agreement(Tigard Triangle Apartments) necessary for cleaning or rehabilitation. Owner shall not give, or allow to be given, any- preference to any group or class in renting the Dwelling Units,except to Qualified Tenants and except for veterans who qualify to occupy the VASH units. Owners may establish preferences consistent with housing policy governing non-discrimination, as evidenced by rules or regulations of the Department of Housing and Urban Development,24 CFR Subtitle A and Chapters I through XX, HUD Handbook 4350.3. Owner shall not discriminate or allow discrimination in the provision of housing on the basis of race,creed,gender, national origin, religion, marital status, sexual orientation, family status, age,disability or the receipt of public assistance. In addition,the Owner shall neither discriminate nor allow discrimination against any tenant on the basis that the tenant is a parent or legal guardian with whom a child resides or is expected to reside except in the event that the Project is (i)designated for households headed by someone over 62 years of age, or(ii)designated for households headed by someone over 55 years of age, if the Project will conform with Section 807(b)of the Fair Housing Act,Title VII of the Civil Rights Act as amended by the Fair Housing Amendments Act of 1988, and the Housing for Older Persons Act of 1995. 2.4. Rents charged will not be greater than the applicable Allowable Rents, minus any utility allowance for tenant-paid utilities; rents may, however,be higher if the Project receives other forms of rental assistance from public subsidies, including but not limited to PBVs, provided that the tenant's portion is no greater than the Allowable Rent. 2.5. Owner will adjust rents annually to conform to median income statistics published annually by HUD in its approved rent schedule. Any variation from this adjustment requirement must be approved by the County, which approval will not be unreasonably withheld, Additionally, such adjustments and variations must comply with any State andlor local rental laws and requirements including applicable OHCS requirements. 2.6. At no time during,the Affordability Period will Owner evict any tenant without cause. Evictions for cause must comply with the Oregon Residential Landlord and Tenant Act, ORS 90.392-90.398. Tenant files must document each step taken during the eviction process. 2.7. Units will be maintained in a safe, clean, and habitable condition. 2.8. The Project will be managed by Owner or an agent of Owner consistent with an asset management plan approved by the County. Any appointment of an agent of Owner will be subject to approval by the County,which approval shall not be unreasonably withheld. Such asset management plan must include,if applicable, property management and maintenance procurement processes, including major repair projects that make opportunities available to vl/W/DBE/ESBs as reflected in the Local Implementation Strategy. 2.9. Subject to Oregon landlord-tenant law and upon reasonable notice to Owner,the County and its agents and representatives may periodically enter and inspect the Project to confirm compliance with the terms of this Agreement. Page 5—Regulatory Agreement(Tigard Triangle Apartments) 2.10. Before Owner engages in any leasing activities with respect to the Project,Owner will submit to the County an initial rent schedule for the Project that shows the unit number, bedroom count, initial rent, and utility allowance for each Dwelling Unit. Owner must obtain County approval of the initial rent schedule, which approval will not be unreasonably withheld, conditioned or delayed. See Exhibit B for a sample of a rent schedule. Section 3. Screening Criteria 3.1. Owner and the County will collaborate to develop Screening Criteria prior to leasing the Dwelling Units. The Screening Criteria must incorporate"low barrier" standards • that increase the likelihood that a tenancy will succeed, and must include an appeal process pursuant to the County's LIS. 3.2. The Screening Criteria must also seek to minimize barriers that low-income residents, marginalized communities, and people of color have historically experienced when applying for housing, such as low credit scores, criminal histories, and industry standard income-to-rent ratios. When applying the Screening Criteria, the Owner may also consider external evidence favorable to the applicant. Section 4. Qualified Tenants 4.1. Prior to the initial occupancy by a Qualified Tenant in the Project, Owner or Owner's agent will create,complete and maintain files on income certifications for each Qualified Tenant. Owner will use a Tenant income Certification form and obtain additional required documentation, as set forth in Exhibit C. Owner will make a good faith effort to verify that the income stated by an applicant is accurate by obtaining at least one of the following: (1)three consecutive pay stubs for the three most current pay periods: (2) an income verification form from applicant's and other required household members' employer(s); or (3) an income verification from the Social Security Administration or another agency providing pension or assistance payments. If the applicant is unemployed and receives no assistance,pension income, or in-kind income, Owner must obtain another form of independent income verification or an executed written declaration of income from the prospective tenant. 4.2. No less than once each calendar year throughout the Affordability Period, Owner will recertify each Qualified Tenant's income by using a Tenant Income Certification form and various accompanying documents required as a part of the tax credit program set forth in Exhibit C. In the event the recertification demonstrates that any Qualified Tenant's household income exceeds 140%of the income at which such household would qualify,Owner will notify the tenant that they are no longer a Qualified Tenant. Owner may revise the existing lease with tenants who, upon recertification, are no longer Qualified Tenants, to allow such tenants to continue to occupy their unit. Subject to the rent restrictions of the IRC or other regulatory restrictions, such lease may he at market rate rent for comparable units in comparable projects, but may not require cash payments of any additional deposits or fees. In no event may a tenant who is no longer Page 6—Regulatory Agreement(Tigard Triangle Apartments) a Qualified Tenant be evicted or have a duty to pay higher rent.unless Owner complies in bill with Oregon landlord-tenant law and any applicable City or IRC requirements. 4.3. In order to preserve the Dwelling Units for occupancy as originally intended, Owner is encouraged to increase unit rents when tenant income increases above the maximum allowable income,provided that such unit rents comply at all times with the provisions of Section 42 of the IRC and any other applicable restrictions. Section 5. Duration of Affordability Period 5.1. This Agreement will be effective for the duration of the Affordability Period and will terminate at the end of the Affordability Period. Section 6. Reporting 6.1. Throughout the Affordability Period, each year on the first day of March, Owner will deliver(electronically) to the County and to OHCS. as Metro's agent, the following to demonstrate compliance with the terms of this agreement,including but not limited to: 6.1.1. Tenant data from the Tenant Income Certification,including but not limited to the following: i. Current rents charged for all Dwelling Units, showing compliance with the table in Section 2.1; ii. Current tenant incomes; iii. Date of last tenant recertification: iv. Demographic data, such as family size, age of children, race and ethnicity; and v. Summaries of leasing activity, including vacancies and length of turnover. 6.1.2. Financial data reflects the Project's performance over the Fiscal Year and may include, but is not limited to, the following: i. All Project revenues as described in the Note entered into at closing and Project operating expenses; ii. Status of Deferred Developer Fee; iii. Project's audited financial statements (if applicable)or unaudited year-end financial statements; iv. Current year's budget; v. For the Reserve Account, provide year end bank statements with detailed accounting for deposits and withdrawals; and vi. Updated Project pro forma. 6.1.3. Property data documentation, including but not limited to the following: i. Affirmative marketing plan updates; Page 7—Regulatory Agreement(Tigard Triangle Apartments) ii. Project inspection report,with evidence that any physical findings were addressed, which inspection may be conducted by property management, Owner or third party; and iii.. Proof of insurance for the Project, with the County named as an additional insured. Section 7. Affirmative Marketing Owner shall adopt affirmative marketing procedures and requirements for the Project. An affirmative marketing plan must be submitted to the County no later than six (6)months prior to lease-up, together with the rent schedule, and include: 7.1. Methods for informing the public and potential tenants about the Fair Housing Act(i.e., use of the Fair Housing logo or equal housing opportunity language). 7.2. A description of how Owner plans to implement the County's LB for outreach to such persons who are not likely to apply for housing without special outreach. See Exhibit D. 7.3. A requirement to maintain records that document actions taken to affirmatively market the Project. 7.4. A description of how marketing efforts will be evaluated and what actions will be taken in response to the evaluation to increase overall success in marketing. Section 8. Covenants Run with the Land 8.1. Owner acknowledges that the favorable financial terms set forth in the Loan Agreement,Note, and Trust Deed provided by the County are an inducement to Owner to operate the Project in accordance with this Agreement and that Owner has induced the County to make available financial terms it otherwise would not have made available by promising to operate the Project in accordance with this Agreement for the duration of the Affordability Period. Owner covenants, agrees,and acknowledges that the County is the beneficiary of this Agreement and that the County has relied upon the enforceability of this Agreement in determining to provide favorable financial terms to Owner for the Project. 8.2. During the Affordability Period, the covenants,restrictions,charges and easements set forth herein will run with the land and will pass to and be binding upon Owner's successors in title, including any purchaser, grantee,or lessee of any portion of the Property and any other person or entity having any right, title, or interest therein and upon the respective heirs, executors, administrators, devisees, successors, and assigns of any purchaser, grantee, or lessee of any portion of the Property and any other person or entity having any right, title, or interest therein. Each and every contract, deed, or other instrument hereafter executed that conveys the Property or any portion thereof or interest therein(other than a rental agreement or lease for a Dwelling Unit) must contain an express provision making such conveyance subject to the covenants, Page 8—Regulatory Agreement(Tigard Triangle Apartments) restrictions,charges, and casements contained herein; provided,however, that any such contract,deed, or other instrument shall conclusively be held to have been executed, delivered, and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract, deed, or other instrument. Section 9. Sale or Disposition of the Property or Project 9.1. Prior to the sale of the Property or Project or any portion thereof to parties other than non-profit agencies and/or government entities, Owner will require the transferee to provide evidence satisfactory to the County that the transferee has the experience skills and capacity to perform in full all of the Owner's obligations under this Agreement. 9.2. Owner acknowledges that the terms of the County's financing, are a Public Subsidy and are more favorable than the prevailing market rate for similar financing available in the private marketplace. Owner further acknowledges that the more favorable terms of such financing are not intended to benefit Owner or any subsequent owner of the Project in the event of any sale or transfer of the Project or of beneficial interest in Owner(except as otherwise permitted in this Agreement or the other Loan Documents). Accordingly, any sale or transfer(or any attempted sale or transfer)of all or any part of, or any interest in, the Property or the Project, or any beneficial interest in Owner, in violation of this Agreement or the other Loan Documents,without the prior written consent of the County (which the County may grant, condition,or withhold in its sole and absolute discretion) is prohibited, and upon any such prohibited sale or transfer,the Note and all other indebtedness secured by the Trust Deed will become immediately due and payable in full. As used herein, the term "sale or transfer" is used in its broadest sense, and includes, with respect to the Property or Project, a ground lease,roaster lease or other lease not in the ordinary course of business, land sale contract, foreclosure, deed in lieu of foreclosure, or transfer(by operation of law or otherwise)pursuant to any dissolution, liquidation, merger, reorganization or consolidation, and with respect to a beneficial interest in Owner, a sale, gift or other transfer of any partnership, stock, membership or other ownership interest in Owner other than a transfer upon death of the Owner of such interest. However,"sale or transfer" will not include: (i) A transfer to a qualified nonprofit organization or government agency pursuant to a right of first refusal under 11,C Section 42(i)(7) or an exercise by the Owner's general partner of an option to purchase the Project or the Equity Investor's interest in the Owner, as applicable, upon the terms set forth in Owner's Partnership Agreement. (ii) A transfer pursuant to a qualified contract under IRC Section 42(h)(6)(f). (iii)A transfer of the interest of the general partner of Owner resulting from the Equity-Investor's exercise of its removal rights pursuant to Owner's Partnership Agreement. Page 9—Regulatory Agreement(Tigard Triangle Apartments) (iv)A transfer of the interest of the Equity Investor of Owner pursuant of Owner's Partnership Agreement. (v) A transfer of the interest of a member of the general partner of Owner to another member of the general partner of Owner, or an affiliate thereof. (vi) A transfer of an interest to the managing member of the general partner of Owner, or to an affiliate thereof. (vii) A pledge by the general partner of Owner to Owner of its partnership interest in Owner pursuant to Owner's Partnership Agreement (viii) Foreclosure or deed in lieu of foreclosure by the Senior Construction Lender or the Senior Permanent Lender. 9.3. Any transferee under this Section will be bound by the terms of this Agreement. Owner shall notify the County in writing of any such transfer under this Section within thirty (30)days. 9.4. Owner will not change the use of the Property without the County's prior written consent, which consent may be withheld or conditioned in the County's sole and absolute discretion. Section 10. Event of Default It will be an event of default if Owner fails to perform or abide by any covenant. condition, agreement, or obligation in this Agreement,the Note,the Loan Agreement, or the Trust Deed (and their exhibits) and such failure (i) is not cured within thirty (30) days after wmitten notice from the County specifying the failure; or(ii)if such failure cannot with due diligence be cured within thirty (30) days and Owner fails within thirty (30) days to begin a cure of the failure and thereafter diligently pursue such cure; or(iii) if such problem is not cured within sixty (60)days after the default notice, unless the County extends the period at its sole discretion. Section 11. Rights and Remedies on Default Upon the occurrence of an event of default and at any time thereafter, the County may, at its option exercise any one or more of the following rights and remedies. 11.1. Performance of obligations. The County may, by mandamus or other suit,action or proceeding at law or in equity, require Owner to perform its covenants, conditions, agreements, and obligations under this Agreement:or abate,prevent, or enjoin any acts or things which may be unlawful or in violation of the rights of the County under this Agreement, Page 10— Regulator Agreement(Tigard Triangle Apanments) 11.2. Access to Records. The County will have the right to access, inspect, examine • and make copies of all of the books and records of Owner pertaining to the Project. 11.3. Other Rights and Remedies. The County will have any other tights or remedies provided in this Agreement,the Loan Agreement, or any other instrument delivered by Owner in connection with the financing accommodations. 11.4. Money Damages. The County may take any other action available at law or in equity as may appear necessary to enforce the covenants, conditions,agreements, and obligations of Owner in this Agreement, in such order and manner as it may select,to recover monetary damages caused by such violation or attempted violation of an) covenant,condition. agreement, or obligation. Such damages may include but are not limited to all costs, expenses including but not limited to staff and administrative expense, fees including but not limited to reasonable attorneys' fees which may be included by the County or any other party in enforcing or attempting to enforce this Agreement following any Event of Default on the part o:f Owner or its successors. 11,5. Receiver. The County may petition for the appointment of a receiver who will have the right to enter the Project. Owner hereby waives any and all defenses to such an appointment or to the rights of the receiver thereunder. 11..6. Equity Investor Courtesy Notice. If an Event of Default occurs under this Agreement, County is aware of such Event of Default,and County intends to exercise any of its remedies on account of such Event of Default, then County at the same time as it delivers notice to Owner will deliver written notice of such Event of Default to Owner's Equity Investor.Upon receiving the notice of Event of Default pursuant to this subsection, Owner's Equity Investor, general partner (or members of the general partner)will have the right to cure, within the same time periods as provided to Owner in this Agreement. County shall not exercise any rights and remedies under this Agreement until the expiration of the notice and cure period afforded to the Equity Investor. Section 12. Metro Rights As a third-party beneficiary, Metro has all the rights of the County under this Agreement, including without limitation (a)the right to monitoring and reporting information provided in accordance with Section 5; (b) the ability to periodically enter upon the Project for the purpose of inspection in accordance with Section 2; and (c) the right to pursue an action for specific performance or other available remedy at law or in equity to enforce the terms,provisions and restrictions of this Agreement. Metro's enforcement of this Agreement shall be at the discretion of Metro, and any forbearance on behalf of Metro to exercise its rights hereunder in the event of any breath hereof by Owner, shall not be deemed or construed to be a waiver of Metro's rights hereunder. Page 11 —Regulatory Agreement(Tigard Triangle Apartments) Section 13_ Severability The invalidity of any clause, part or provision of this Agreement will not affect the validity of the remaining clauses, parts or provisions hereof. Section 14. Notices Any notice required or permitted under this Agreement will be in writing and will be deemed effective (1) when delivered in person; (2) one business day after deposit with a commercial courier service for"next day"delivery; or(3) three business days after deposit in the United States mail as certified or registered mail with a copy by email., addressed to the parties as follows: To Borrower: Tigard Triangle Limited Partnership clo Community Development Partners 126 N.E.Alberta Street,Suite 202 Portland,Oregon 97211 Attention:Eric Paine Telephone Number:(971) S33-7466 E-Mail Address:ericCcornmunitvdevoartners.com with a copy to: Kantor Taylor PC 1200 Fifth Avenue, Suite 1910 Seattle, Washington 98101 Attention: Mike Decina, Esq. Telephone Number: (206) 812-2506 E-Mail Address: nulecittua.:kantortuvlur.cmmx courtesy notice to: R4 TOR Acquisitions LLC c/o R4 Capital LLC 780 Third Avenue, 16th Floor New York,New York 10017 Attention: Marc Schnitzer Telephone Number: (646) 576-7659 E-Mail Address: to chn/rzer 2 R-Icar.s:oni with a copy to: Frost Brown Todd LLC 400 West Market Street, Suite 3200 Louisville,Kentucky 40202 Attention: Amy Cure, Esq. Telephone Number: (502) 779-8587 F.-Mail Address; acurrya•fhtlenv.com Page 12 --Regulatory Agreement(Tigard Triangle Apartments) If to Lender: Washington County Department of Housing Services Attention: Director 111 NE Lincoln St., Suite 200-L Hillsboro, Oregon 97124 Telephone Number: (503) 846-4755 E-Mail Address:komi kalevar a co.ti�ashin ton.or,us with a copy to: Washington County Counsel 155 N. First Ave.. Suite 340 Hillsboro. Oregon 97124 Telephone Number: (503)846-8605 E-Mail Address: alas rapp1eyealtco.washington.or.us Section 15. Governing Law, Venue This Agreement will be governed by the laws of the State of Oregon without regard to the conflict()Flaw provisions of Oregon law. Venue will be in the Circuit Court of Washington County,Oregon. fThe reminder of this page intentionally left blank. The next page is the signature page.J Page 13 — Regulatory Agreement(Tigard Triangle Apartments) IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective, duly authorized representatives, as of the Effective Date. BORROWER: TIGARD TRIANGLE LIMITED PARTNERSHIP. an Oregon limited partnership By: COP HAWC Tigard LLC, an Oregon limited liability company Its: General Partner By: CDP OZ LLC,an Oregon limited liability company Its: Managing ember By: --� Eric Paine, Managing Member STATE OF OREGON ) )ss: COUNTY OF INbLLAkanniajiz; } The foregoing instrument was acknowledged before me this 22s4 day of June, 2020, by Eric Paine, as Managing Member of CDP OZ LLC., an Oregon limited liability company, the Managing Member of CDP HAWC Tigard LLC. an Oregon limited liability company, the general partner of Tigard Triangle Limited Partnership, an Oregon limited partnership. OFFICIAL STAMP ANGELA LUCiNE GARDNER Notary Public for nr N / NOTARY PUBLIC-OREGON J . ' „}/ COMMISSION NO.955262 MY COMMISSION EXPIRES OCTOBER 12,2020 My commission expires: 101 t 7/20,2Z) Signature Page-Regulatory Agreement(Tigard Triangle Apartments) COUNTY: WASHINGTON COUNTY,OREGON, a political subdivision of the State of Oregon By: th Osuna Deputy County Administrator STATE OF OREGON ) ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this M4day of June, 2020, by Ruth Osuna, in her capacity as Deputy County Administrator of Washington County, Oregon in behalf of the County. OFFICIAL STAMP , ,�✓��/.o KEVIN MOSS gam,' NOTARY PUBLIC-OREGON Notary Public for COMMISSION NO.974167 MY COMMISSION EXPIRES MAY 02,2022 My commission expires: Ma, 0.1, 2-0 22 APPROVED AS TO FORM: vvI Sr. Assistant County Counsel Signature Page—Regulatory Agreement(Tigard Triangle Apartments) EXHIBIT A Legal Description A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP I SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY,OREGON,BEING MORE PARTICULARLY DE:SCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "REPPETO & ASSOC. INC.", MARKING THE NORTHWEST CORNER OF LOT 16, FRUITL4ND ACRES, WASHINGTON COUNTY PLAT RECORDS; THENCE, ALONG THE NORTH LINE OF SAID LOT 16. SOUTH 88°41'16" EAST A DISTANCE OF 291,70 FEET TO A 5;8" IRON ROD MARKING THE NORTHEAST CORNER OF THE WEST ONE-HALF OF SAID LOT 16; THENCE,ALONG THE EAST LINE. OF SAID WEST ONE- HALF, SOUTH 01°28'34" WEST A DISTANCE OF 75.07 FEET TO A 5/8" IRON ROD MARKING THE SOUTHEAST CORNER OF TFLAT TRACT OF LAND CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO. 2007- 123049, WASHINGTON COUNTY DEED RECORDS; THENCE. ALONG THE SOUTH LINE OF SAID ALCORN TRACT, NORTH 88°42'13" WEST A DISTANCE OF 139.95 FEET TO A 1/2" IRON PIPE MARKING THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO,2008-040191,WASHINGTON COUNTY DEED RECORDS;THENCE ALONG THE EAST LINE OF SAID ALCORN TRACT AND THE EAST LINE OF THAT TRACT OF LAND CONVEYED BY DEED TO MELISSA S BUEHI..ER AS DESCRIBED IN DOCUMENT NO. 94007079, WASHINGTON COUNTY DEED RECORDS, SOUTH 01°31'56" WEST A DISTANCE OF 174.33 FEET TO A 5i8" IRON ROD MARKING A POINT ON THE NORTH RIGHT OF WAY LINE OF SW BAYLOR STREET; THENCE, ALONG SAID NORTH RIGHT OF WAY LINE, NORTH 88'40'38" WEST A DISTANCE OF 152.69 FEET TO A 5/8" IRON ROD WITH AN ALUMINUM CAP STAMPED "REPPETO & ASSOC, INC. MARKING A POINT ON THE EAST RIGHT OF WAY LINE OF SW 72ND AVE.; THENCE, ALONG SAID EAST RIGHT OF WAY LINE. NORTH 01°43'56" EAST A DISTANCE OF 249.42 FEET TO THE POINT OF BEGINNING. A- I. EXHIBIT B Sample Rent Schedule Unit Number Unit Type Rent Per Unit Total Rent Including Utility Less Utility Allowance L_ Allowance • • E � i � 1 73i}_ B - 1 EXHIBIT C Tenant Income Certification [The form of the Tenant Income Certification is set forth on the following pages.] c- i j TENANT INCOME CERTIFICATION Move-In Date! — i ElInitial Certification 0 Recertification 0 Other Effective Date: I_ 1 ! PART I. DEVELOPMENT DATA IProperty Name: County: BIN: Address: Unit.. 4 of Bedrooms! .__._. PART II. HOUSEHOLD COMPOSITION III i Retarinn to I i Full Time Last 4 Misr I ! Middle Head of Disabled I Student ( Digits i Last Name , First Nome Initial Household Rate # Ethnicity (Yes•No) I Date ofalrth (Yesiio) I ofSSet I I • N I I I I , 1 i 3 I 1 ! i d i I I • 5 1 6 , I 1 1 i ' I PART III. GROSS ANNUAL INCOME IIIIIMbr I (A) !! (R) (CI I (D) 1 r I Employment or'Pages ; Social Seeutit' f Pen.,'mu I role 4.3e L<taie:: i (1tiwr lir:ontc � i I i - TOTALS I r I Add Calais from above,(A)-(D),to determine total income. TOTAL INCOME(E) 1 i PART IV. INCOME FROM ASSETS fit: (Fl (G) (H) 5 I (I) Mitt r I Tyae of Asset C%I Ceth Value of Asset ; Anneal I7:eoa, from Asset i I ! i i i i 1 • Current Passbook TOTALS i f Enter Column{II) Rate' I Total(If over S5.000) S X =S (I) IMPUTED INCOt1E( )= I Enter the greater of: Tata!of column(I)nr imputed income(J). TOTAL INCOME FROM ASSETS(K) c ---w Add(E)-(K) TOTAL ANN AL HOUSEHOLD INCOME i"ROM ALL SOURCES(L) t HOUSEHOLD CERTIFICATION&SIGNATURES :'n+c have provided for dealt pessuMsl set funk in Part II acceptable vetilealio6,or condor saicisated annual income and assets. d VI c agree to natiIS the tana:lord to teed:atcly if :here are changes to the household composition or if any inerailer breonne a full tilt:,.siv,lent earitv the e_raac of this te•rsnc�. I'+N c tt in report auv cl:anes in incan+c or household cotnpnsition dial.o:et:ts hero een the time this form is signed and the date!t take'effect Under penalties of perjury.I.Me certify that the information presented abuse Is true and correct to the best of my:mtr knmsledge and belief. fine further understand that providing false representations Do include misleading or incomplete information)hereto constitutes an act of fraud and may result in the termination of me/our )ease. Res:tient Si_uatore Signature Date Resident Signature Signature Date Resident Signature Signature Date Resident Signature Signature Dale TCOR002 C-2 UH'I'C Program(ir~`r)2015) Pier I oft Effective Date of Income Certification: Household Size at Certification: i PART V. DETERMINATION OF INCOME ELIGIBILITY - TOTAL ANNUAL HOUSEHOLD RECERTIFICATION ONLY: INCOME PROM ALL SOURCES: ROM 1{Cnt(I_)on pave I S Household Tttcome at Move-i n: S Current Income Limit Household Sile at Move-in: Per Family Size: S Ct.rrcat Income Limit x 140°0: S 1•taausehold Meets Income Restriction et: 0 60% 0 50% 0 40°a 0 30°a 0 'IC }ions:hold income cxcee s 14Geeat recertification: 0 Yes ❑Nu PART VI. RENT Tenant Paid Rent(TP) S Other nun-optional charges: Utility Allowance(L'A) S _ Reny Assistance*: S (*Fur I.fHTCfHOME units only.include as GROSS RENT) GROSS RENT FOR LLNIT: CI?=IIA+Other non-optional charges) S Unit Attue_Rent Reatrietio:7 at: ❑ 60°i ❑50% ❑ 4o% Q 7,o% 0 % Masi:nurn Rent Lim:r for this unit: S PART VII. STUDENT STATES ARE ALL OCCUPANTS FULL TIME STUDENTS? *Slittdcnt r.xei no lions: I TARP assistance 0 Yes' El No If yes.enter student exemption` 2 Job Training Program Eller Ex:: 7ptiGtl 3 Single parent:dependent child 4 Alarricdijoint rctarn 5 Previous Fusur Care Assistance PART VIII. PROGRAM TYPE _ 1 Mark the program(S)listed below(a through c.)forsehich this household's unit will be counted tMysrt:the property 's occupancy requirements. Under each program marked,indicate the household's income status as established by th:s centiticationlr.cartilicetion. a Tax Credit b. HOME 1 C. Risk Sharing E d. HDowrrust Fund e. 1 Tax Exempt Bond/Conduit! OHAP/H+iPSH Ex .`ame ai A;,n.Er:7 Income Status Income Status i Income Status I incemo Stara Income Status Sze Sed ion VAbove <$Ut°.6AMGI i 50°c's11GI i 50°eAMGt ( <_601-o AMCI 60'ia.t MGI 1 60°b AMOI S 80%AMGL I, 809t.•.l.tGI I 80°e Alt1G1 0f" r 01a• 01'• j O1** 1 1 ."Upon recertification.household tas determined over-income(Ott aceordins to eaaibility requirements r'f the proeram(s)marked above. SIGNATURE OF OWNER/REPRESENTATIVE Based on the representations herein and upon the proof and documentation required to be submitted,the indiwiduai(s)named in Part II of this Tenant Income Certification Ware eligible under the pros Mons of Section 42 of the Internal Revenue Code,as amended,and the Land Use Restriction Agreement(if applicable), to the In an inr.ume!rent-restricted unit in this Project. Printed Name of Owner/Representative Signature of Owner.'Representative Signature Date • TCORO92 C-3 1.11 ITC Program.RE41:2:t l ii Page 2:.1 EXHIBIT D Washington County,Oregon Local Implementation Strategy for Affordable Housing A. Jurisdictional and Area Partnerships and Geographic Dispersal.Jurisdictional and area partners involved in increasing the-number of affordable housing units and who can also provide financial assistance(e.g. SDCJfee waivers or exemptions, density bonuses, property tax waivers, and other financial support), will be better positioned to attract developers due to the high cost of land and construction. However,Washington County will also encourage funding to be dispersed throughout the implementation area. B. Housing Needs Data and Census Tract Analysis. As stated above, housing needs data will be used to locate affordable housing developments. Information regarding where affordable housing currently exists (from. the 2017 Metro Regional Affordable Housing Inventory Database) will be used,as well as, GIS identification of language predominantly spoken at home,areas of concentration of low-income households,communities of color and people with disabilities to help identify development opportunities for new affordable housing units. C. Land Availability and Cost. Because the availability of land and the cost of land can be an impediment to the development of affordable housing,potential developments that have site control will be highly evaluated.Appropriately zoned land offered at a fair market price will also be highly evaluated. However, when land is proposed to be donated, has the appropriate zoning and does not have any impediments regarding location (e.g.concentration of affordable housing, not near transportation or potential employment hub),this kind of opportunity will be positively evaluated. 0. Local Development Partners.The County will work in partnership with developers and owners who have prior experience in developing affordable housing including local for-profit and non-profit developers, including organizations designated as Community Development Housing Organizations (CHDOs).They must have a demonstrated track record of successfully developing affordable housing within the Portland metro area or be a local organization which have a proven track record providing resident services and are community-based,In addition,the Housing Authority of Washington County("H.AWC")intends to be a developer or owner of housing funded under the Metro Regional Affordable Housing Bond Program. E. Major Public Transportation and Transit Corridors. Areas within a quarter-mile of MAX or high-frequency bus lines as identified by GIS mapping will be given priority.This also includes areas with sidewalk connections to facilitate accessible use of transit. F. High Opportunity Areas. High Opportunity Areas include sites located near transit (as defined above),jobs, high-performing schools,commercial services, parks and open space, and basic needs services, G. Areas Identified by HUD(U.S.Housing and Urban Development)as Qualified Census Tracts(QCTs)and Small Area Difficult to Develop Areas(SADDAs).QCTs and SADDAs are areas where HUD has incentivized development of affordable housing;they allow for projects built in those areas to receive a 30% 'boost' in Low Income.llousing Tax Credits(LiHTCs)that can be leveraged with Metro Affordable Housing Bond Program funds. These areas will be identified by GIS mapping. D-1 Threshold Project Requirements The implementation of the Metro Affordable Housing Bond Program provides an opportunity to address the needs of historically marginalized communities. To achieve goals of racial equity and to provide economic opportunities for minority-owned,women- owned or emerging and disabled veteran-owned small businesses, Washington County will apply threshold requirements for all developers and owners of Metro Affordable Housing Bond Program funded housing developments. These requirements include: A. M/W/DBE/ESB Contracting. Consistent with prior affordable housing development projects in the county, bond project sponsors will make good faith efforts to achieve 20% subcontracting participation on the development hard and soft costs to entities certified as Minority,Women,Disadvantaged Business Enterprise and/or Emerging Small Businesses (M/W!DBE/ESB). Specific NOFAs or RFFs may have additional goals or requirements. Project sponsors will be required to provide documentation of contracting efforts and results. Currently,Washington County is studying its procurement process as a part of its equity, • diversity and inclusion initiative.This 20$'0 aspirational goal may be adjusted as Washington County completes the development of a corporate plan for purchasing,contracting,and monitoring through its internal equity,diversity and inclusion work.This aspirational goal will be reviewed while the LIS is being reviewed as mentioned in the Implementation Phase section of this document. B. Affirmative Marketing,Tenant Selection and Lease-Up.Consistent with Metro policy, Washington County will work to ensure that Metro Affordable Housing Bond Program-financed housing serves communities of color, families with children and/or multiple generations, people living with disabilities,seniors,veterans,households experiencing or at risk of homelessness.and households at risk of displacement.Washington County will require that project developers and/or owners make best faith efforts to units available to minorities and disadvantaged populations using best practice marketing strategies. In general,this will require: i. Affirmative outreach and marketing to target populations.Developers and/or owners,and their property management companies(if applicable)will be expected to engage in proactive efforts to make disadvantaged populations aware of the availability of units,and the process and timeline for application. Washington County will work with project sponsors to identify specific target populations for each project and will review the proposed outreach and marketing strategy for each project. ii. Washington County will require that project sponsors use low-barrier screening criteria that balances access to target populations, project operations,and community stability.Typical requirements may include less than standard market apartment income-to-rent ratios, reduced credit history requirements,and criminal history requirements that only consider recent convictions that are most directly tied to tenant success.Project sponsors will be required to review appeals to denials of standard screening criteria that take into consideration efforts of applicants that demonstrate stability and potential for resident success. Project sponsors are also required to review appeals if the disqualifying aspects of a denial are related to a disability and make reasonable accommodations as appropriate. iii. IIAWC will use the project-based voucher(PB\')RFP process to leverage D-2 units increasing the score for projects that commit to low-barrier screening. iv. Washington County will, in part, be guided by the County's Housing Choice Voucher Administrative Plan screening criteria guidelines. As stated in the Washington County Department of Housing Services—Housing Choke Voucher Program Administrative Plan(pages 81-82),as examples of some guidelines, HAWC will consider the following facts and circumstances: • The seriousness of the case, especially with respect to how it would affect other residents' safety or property. D-3 Washington County,Oregon 2020-055912 D-DBs 06/25/2020 10:34:48 AM StnMEJIA RECORDING REQUESTED BY: $15.00 N$11.00$ Lawyers Title $15.00 $5.00$60.00$1,700.00 $1,791.00 ( I.. rs Title I,Margaret Garza,Interim Director of Assessment and Taxation and Ex-0fficio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. 1455 SW Broadway,Ste 1400 Margaret Garza,Interim Director of Portland,OR 97201 Assessment and Taxation, Ex-Officio AFTER RECORDING RETURN TO: Eric Paine Tigard Triangle Limited Partnership 125 NE Alberta Street Portland, OR 97211 SEND TAX STATEMENTS TO: Tigard Triangle Limited Partnership 125 NE Alberta Street Portland,OR 97211 R285266 11600 SW 72nd Avenue,Tigard,OR SPACE ABOVE THIS LINE FOR RECORDER'S USE BARGAIN AND SALE DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) CDP Developers, LLC, a California limited liabiity company, Grantor, conveys to Tigard Triangle Limited Partnership, an Oregon limited Partnership, Grantee, the following described real property, situated in the County of Washington, State of Oregon, SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF The true consideration for this conveyance One Million Seven Hundred Thousand And No/100 Dollars (S1,700,000.00). (See ORS 93.030). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Deed(Bargain and Sale-Statutory Form) Printed: 06.05.20 Q 12:13 PM by PN ORI)1281.doc I Updated: 04.26.19 Page 1 OR-LT-FXES-01060.474574-322000068 BARGAIN AND SALE DEED - STATUTORY FORM (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Dated: June 25, 2020 CDP Developer L. , a California li ted liabiity company BY: Eric Paine Manager State of Oregon County of Multnomah This instrument was acknowledged before me on "TU AN-C 2'2, 2020 by Eric Paine as Manager of CDP Developers, LLC. OFFICIAL STAMP :" 4,ANGELA LUCINE GARDNER Notary Pu lic- State 0 Oregon NOTARY PUBLIC-OREGON N,„of COMMISSION NO.955262 My Commission Expires: M112 I?426 MY COMMISSION EXPIRES OCTOBER 12,2020 Deed(Bargain and Sale-Statutory Form) Printed: 06.05.20 12:13 PM by PN ORD1281.doc/Updated: 04.26.19 Page 2 OR-LT-FXEB-01060.474574-322000068 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Tigard, the County of Washington, State of Oregon, described as follows: A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "REPPETO & ASSOC, INC.",MARKING THE NORTHWEST CORNER OF LOT 16, FRUITLAND ACRES,WASHINGTON COUNTY PLAT RECORDS; THENCE,ALONG THE NORTH LINE OF SAID LOT 16, SOUTH 88°41'16" EAST A DISTANCE OF 291.70 FEET TO A 5/8" IRON ROD MARKING THE NORTHEAST CORNER OF THE WEST ONE- HALF OF SAID LOT 16; THENCE,ALONG THE EAST LINE OF SAID WEST ONE-HALF, SOUTH 01°28'34" WEST A DISTANCE OF 75.07 FEET TO A 5/8" IRON ROD MARKING THE SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO. 2007-123049, WASHINGTON COUNTY DEED RECORDS; THENCE,ALONG THE SOUTH LINE OF SAID ALCORN TRACT,NORTH 88°42'13"WEST A DISTANCE OF 139.95 FEET TO A 1/2" IRON PIPE MARKING THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO. 2008-040191,WASHINGTON COUNTY DEED RECORDS; THENCE ALONG THE EAST LINE OF SAID ALCORN TRACT AND THE EAST LINE OF THAT TRACT OF LAND CONVEYED BY DEED TO MELISSA S BUEHLER AS DESCRIBED IN DOCUMENT NO. 94007079,WASHINGTON COUNTY DEED RECORDS, SOUTH 01°31'56" WEST A DISTANCE OF 174.33 FEET TO A 5/8" IRON ROD MARKING A POINT ON THE NORTH RIGHT OF WAY LINE OF SW BAYLOR STREET; THENCE, ALONG SAID NORTH RIGHT OF WAY LINE,NORTH 88°40'38"WEST A DISTANCE OF 152.69 FEET TO A 5/8" IRON ROD WITH AN ALUMINUM CAP STAMPED "REPPETO & ASSOC,INC. MARKING A POINT ON THE EAST RIGHT OF WAY LINE OF SW 72ND AVE.; THENCE, ALONG SAID EAST RIGHT OF WAY LINE,NORTH 01°43'56" EAST A DISTANCE OF 249.42 FEET TO THE POINT OF BEGINNING. VP— . JUL/II7LAJ1 VVAIIT!LIT ur JGI+IIVIY ...rt.', Iv►rlv.anlr I ...Mfg. I f1, lIMITUL. I rr L.AI, Li et- WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON • mk FOR: COMMUNITY DEVELOPMENT PARTNERS oi 3: i Q1"-' 5/8'IR W/YPC SUYPFD DETAIL (NOT 1O SCALE) ��p� �p �7PA/LS 2575'(R2) HELD NARRATIVE 22 EDGE of PAVEMENT THE PURPOSE OF THIS SURVEY IS TO MONUMENT THE BOUNDARY CORNERS OF LAND AS DESCRIBED BY DEED, RECORDED AS DOCUMENT NUMBERS 940+ e POSSIBLE ROAD PAVEMENT 2007-123049 AND 2008-040191 WASHINGTON COUNTY DEED RECORDS. f,.., Q ENCROACHMENT p nQ. P�y� THE BASIS OF BEARINGS FOR THIS SURVEY IS NORTH 01'4356" EAST AWN 41 EDGERIGHT OF WAY UNE OF SW 72ND AVENUE BETWEEN FOUND MONUMENTS G Ip k O &5' PL SURVEY NUMBER 27477, WASHINGTON COUNTY SURVEY RECORDS. THIS RICE ALINGMENT FITS WELL WITH FOUND REPLACEMENT CENTERLINE MONUMENT i 1 G" SW SAYLOR ST G• PERPENDICULAR OFFSET OF 20.00 FEET EASTERLY OF SAID MONUMENT A" 2 CALCULATED POSITION 5/B'ae(Rf)HELD Ar vosRrav SURVEY NUMBER 27477, WASHINGTON COUNTY SURVEY RECORDS AND ALSO a 3/CORNER LOT 16 (CALLED 026'N AS PER R5) FOUND MONUMENT 1C'AT A PERPENDICULAR OFFSET OF 45.00 FEET WEST! /(J/s'P FOUND 9r R2 NOw wssfnc) PLAT TEO CENTERLINE OF SAID SW 72ND AVENUE AS DEPICTED ON PART/7I0i -par' J f 4'WE NE CORMS? S88'41'1!$'E 291.70' WES 1/2f6_\ 1995-013, WASHINGTON COUNTY PLAT RECORDS NORTH UNE LOT 16 _ I !� 751.70' (150.00' M/L D2) " "`�'�' 140.00'HELD (OZR1) I• RE-ESTABUSHED THE NORTH LINE OF SAID DEED DOCUMENT NUMBER 2007 ,` / // WHICH IS ALSO THE NORTH UNE OF LOT 16, FRUITLAND ACRES BY HOLDNNC NW CORNER �'� L.• 2.4•S s'wF Z4'wJ j� POSITION OF THE NW CORNER OF LOT 16 AS PER SATO SURVEY NUMBER 2 ._ BK. 272 PG 703 N OF PL &0.6'N I O AND FOUND MONUMENT G". v al� N RE-ESTAAUSHED THE SOUTH LINE OF SAID DEED DOCUMENT NUMBER 2007 IA. LOT 16 ,foo o LOT 16 O AND ALSO BEING IN COMMON WITH THE NORTH LINE OF SAID DEED DOCUM4 m �:I DOC. NO. 2007-123049 NI` I , LOT 16 2008-040191 TRACT BY HOLDING FOUND MONUMENTS E"AND "F"AND A WESTERLY TO A POINT WHICH IS 75.00 FEET SOUTHERLY ALONG THE EAST . re -� $ h :!h o UNE OF SW 72ND AVENUE FROM PIE NW OF CORNER OF SAID LOT 16 AS W M h I LINE BK. 272. PG. 703 u h I ,N n NUMBER 4776 AND SAID DEED. o CCU T/Z'N OOWM 2+�se-Rt) 4•wF 6•y w O`' RE-ESTABLISHED THE SOUTH LINE OF SAID DEED DOCUMENT NUMBER 2008 It SOUTH LINE LOT 16 HELD Al taSrrroN OF PL C _ AND ALSO BEING IN COMMON WITH THE NORTH LINE OF SAID DEED DOCUM, 94007079 TRACT BY HOLDING A UNE 75.00 FEET SOUTH OF AND PARALLEL 4 7 ^ NBB'JB'431Y 152.08'(150.85' D1,D1) �- UNE AS PER SAID DEED. 4 CLF NSB'42'131W� 139.95'� �A- _ 7 "d 4'CIF 0.8'W 0.3 S (140.00'R1) 4'CIF 0.2'S RE-ESTABLISHED THE NORTHERLY RIGHT OF WAY UNE OF SW BAYLOR STRE N 4 O B NE CORNER 267 FOUND MONUMENT "H"AS PER SAID SURVEY NUMBER 4776 AND ALONG A q, E" WESTERLY ro A POINT WHICH IS 249.42 FEET SOUTH ALONG THE EASTERLY 1 q LOT 17 •-' LOT 17 "•( LINE OF SW 72ND AVENUE FROM POINT G"AS PER SAND SURVEY NUMBER ;n DOC. NO. 2008-040191 @ LOT 17 a g = .. -. RE-ESTABLISHED THE EAST LINE' OF SAID DEED DOCUMENT NUMBERS 9400: 5/8"IR (EIS)DISTURBED 2008-0 4 0 1 9 1 TRACTS BY HOLDING A POINT 140.00 FEET WESTERLY ALONG • MA ' v RIGHT OF WAY LINE OF SAID SW BAYLOR STREET AS PER SAID SURVEY MN O n BEARS N75'f2'Sf' 1.tY N h o FOUND MONUMENT H"AND FROM SAID CALCULATED POSITION NORTHERLY I v MONUMENT E' 2 SOLIDI TINE LOT 77 n ^ �-• N88'38'4316 152.35' • 7/2"M LIP t2'(DISTURBED, Mu) P A (151.03' Of, 03) BEARS 55176'311V 0.10' '; LEGEND ' :"t Q�� o O- 5/11"IRON ROD''REPPETO & ASSOC. /NC`,oW PLASTIC OR AS NOTED,USET PED 17RLAF: N LOT 18 LOT 18 PG In ON APRIL 30, 2019. M h \° 3wi LOT 18 •= MONUMENT FOUND AS NOTED. DOC. NO. 94007079 AL - ALUMINUM CAP •; ,`v V CLF = CHAIN LINK FENCE Sit of J\ 1, FB - FOUND BY En � g: FNC - FENCE RENE SOUTH UNE LOT 18 IP = IRON PIPE D -J. - - OU I ORIGIN RON OUNKNOWN CALCULATED POSITION LIP MOND BY R3 NOW MSSAG) LOT 19 PL = PROPERTY UNE Lor 19 SF = SQUARE FEET GRAPH SET 5/81E30'61 WITH A LOT 19 W/ = WITH 30 1-1/2'ALUMINUM CAP W/PIMICH r CLF WF = WOOD FENCE p ` TA SMPED AEPPETO k ASSOC. INC" erWRF = WIRE FENCE I INCH -Z0. -27.05=.7�J YPC = YELLOW PLAS77C CAP p N88'40 38 W 152.69' + N88'4Q J8'W 140.00' HELD (R),R1) 1 %' () = RECORD INFORMATIONPL - PROPERTY LIRE REPPETO A. o POSSIBLE RO"ENCROACHMENT L5/tr'IR(R3)BEARS, ss753.4o9r am' r}i N P1 - PLAT OF ELNOLA HEIGHTS LAND SI v SW BAYLOR mar (DISTURBED°V CONCRETE WO l I H W FOR o7rroH UNE AVM RI - SN 14189 8 (e5.00" WIDE) m 1 THE EAST AND WEST IVLF OF LOTS R2 = SN 27477 Plaza 12: ,sW C'ORNDP ,� • 17 g r6 ?IOU 19 F1 L6RAAro ACRES R3 = SN 4776 a Lor f9 r SW,,,Law tor 79 R4 >' PARAT70N PUT NO. f995-013 12730 SE Ni -N88710'3819 239.21' (239.33' P1) I^I I SowH LINE LOT r9 R5 = 25722 Portland, I �/ ` 1 70.27'(70.33; Pi) T. 89.98'(90.00'. Pr) it _.. �1 SN s SURVEY NUMBER, WASHINGTON Phnnp• (5T TDT/TSDC Estimate 72nd & Baylor Afford. Housing 7/6/2020 72nd & Baylor Original TDT 12-26-2019 AMS TDT RATES EFFECTIVE 7/1/2019, RESIDENTIAL TSDC RATES EFFECTIVE 7/1/19 NON-RES:TSDC CITYWIDE EFFECTIVE 10/1/19 0 Yes Project is in River Terrace ? QQ No * For TDT and residential formula has been replaced with published rate per unit. Former Use ITE Rate per Rate per TDT/TSDC Rate Type Use# Code PHVT PHVT Unit* # Units Amount Description TDT 1 210 $8,968 3.00 $26,904 3 SFRs TSDC-Imp 1 210 $6,335 3.00 $19,005 TSDC-Reim 1 210 $365 3.00 $1,095 ' TSDC-RT 1 $0 0.00 $0 TDT 2 $0 0.00 $0 TSDC-Imp 2 $0 0.00 $0 TSDC-Reim 2 $0 0.00 $0 TSDC-RT 2 $0 $0 Did total TSDC need to be reduced to 80%of TDT? Use 1 No Use 2 No Total TDT and TSDCs Former Uses $47,004 Proposed Use ITE Rate per Rate per TDT/TSDC Use# Code PHVT PHVT Unit* # Units Amount Description TDT 1 220 $5,867 81.00 $475,227 81 Apartments TSDC-Imp 1 220 $3,696 81.00 $299,376 TSDC-Reim 1 220 $213 81.00 $17,253 TSDC-RT 1 $0 0.00 $0 TDT 2 $0 0.00 $0 TSDC-Imp 2 $0 0.00 $0 TSDC-Reim 2 $0 0.00 $0 TSDC-RT 2 $0 0.00 $0 Did total TSDC need to be reduced to 80%of TDT? Use 1 No Use 2 No Total All TDTs&TSDCs Proposed Uses $791,856 Less: Total All TDTs &TSDCs Former Uses $47,004 Total All TDTs&TSDCs Net Increase $744,852 Total Net County TDT $448,323 If paid at permit ism Total Net TSDC-Imp $280,371 To be exempted if p Total Net TSDC-Reim $16,158 qualifies as recorder Total Net TSDC RT Overlay $0 affordable housing. TDT TSDC Imp + Reim Target Recovery Rate 28.0% 30% Estimated Total Impact $1,601,154 $988,430 Estimated Unmitigated Impact $1,152,831 $691,901 All TDT&TDSC TSDC RT Overlay Target Recovery Rate 29% 30% Estimated Total Impact $2,589,584 $0 Estimated Unmitigated Impact $1,844,732 $0 TDT=County Transportation Development Tax TSDC Citywide=City of Tigard Transportation System Development Tax(TSDC-Imp&TSDC-Reim) TSDC RT=River Terrace Transportation System Development Tax Overlay Extended Combination SDC Calculator-091018-I:\Community Development\Permit Coordinator\SDC Calculators Parks Estimate 72nd & Baylor Afford. Housing 7/6/2020 72nd & Baylor AMS ALL PARKS RATES EFFECTIVE 7/1/19 yes Project is in River Terrace ? No Note: All Neigh-Imp# Units entries= 0 if project is in River Terrace; All Neigh-RT# Units entries=0 if project is elsewhere in the city. Former Use Rate Type Use# ITE Code # Units Rate Parks Amount Description Parks-Imp 1 210 3 $5,523 $16,569 3 SFRs Parks-Reim 1 210 3 $1,530 $4,590 0 Neigh-Imp 1 210 3 $2,048 $6,144 Neigh-RT 1 $0 0 2 $0 Total Parks Former Uses $27,303 Proposed Use Use# ITE Code # Units Rate Parks Amount Description Parks-Imp 1 220 81 $4,159 $336,879 81 Apartments Parks-Reim 1 220 81 $978 $79,218 Neigh-Imp 1 220 81 $1,541 $124,821 Neigh-RT 1 $0 Parks-Imp 2 $0 Parks-Reim 2 $0 0 Neigh-Imp 2 $0 0 Neigh-RT 2 $0 0 Total Parks Outside RT Proposed Uses $540,918 Less: Total Parks Outside RT Former Uses $27,303 Total All Parks Outside RT Net Increase $513,615 Total Parks RT Proposed Uses $0 Less: Total Parks RT Former Uses $0 Total All Parks RT Net Increase $0 Total Parks-Imp $320,310 To be exempted if project Total Parks-Reim $74,628 qualifies as recorded Total Neigh-Imp $118,677 affordable housing. Total Neigh-RT $0 No Neigh-RT For Non-Residential Calculations: Prior Use: =###sf/EE; #####/###=EEs. Proposed Use: xxxx=xxxxsf/EE;xxx/xxx=xxxEEs. Parks-Imp=Parks Improvement,Citywide including River Terrace Parks-Reim=Parks Reimbursement,Citywide including River Terrace Neigh-Imp=Neighborhood Parks Improvement Outside River Terrace Neigh-RT=Neighborhood Parks Improvement Inside River Terrace TDT & TSDC Discounts 7/6/2020 72nd & Baylor Afford. Housing Adjustment for TDT Change-in-Use Discount Building Age: 20 Years (1999) $475,227.00 TDT Proposed Use $26,904.00 TDT Prior Use $448,323.00 TDT Pre-Discount 0 Total Square Feet (Enter) 0 Square Feet Eligible for Discount Enter) #DIV/0! Eligible as% of Total Square Feet #DIV/0! TDT on eligible sq.ft. 0 Age of Building (Enter) 0% Percentage discount (Enter) #DIV/0! Discount: 75%/20 years; 50%/3 years. $448,323.00 Revised TDT Post-Discount Adjustment to TSDC if 80% of TDT or greater $316,629.00 Total TSDC Proposed Use $20,100.00 Total TSDC Prior Use $296,529.00 Total TSDC Pre-Discount No Does 80% maximum TSDC Apply? $296,529.00 Total TSDC Post-Discount RT& 100% RT&80% No RT& 100% No RT& 80% $280,457.13 Revised TSDC-I 251,456.59 201,165.27 280,457.13 224,353.84 $16,071.87 Revised TSDC-R 14,411.31 11,534.98 16,071.87 12,869.36 $0.00 Revised TSDC-RT 30,661.10 24,522.95 0.00 0.00 $296,529.00 Revised Total TSDC 296,529.00 237,223.20 296,529.00 237,223.20 $744,852.00 Revised Total TDT&TSDC FOR OFFICE USE ONLY—SITE ADDRESS: This form is recognized by most building departments in the Tri-County area for transmitting information. Please complete this form when submitting information for plan review responses and revisions. This form and the information it provides helps the review process and response to your project. City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT Transmittal Letter 1 I„;;;,I< r1 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigard-or.gov TO: DiannaOmelas DATE RECEIVED: DEPT: BUILDING DIVISION RECEIVED FROM: Lars Kopman AUG 18 2020 COMPANY: Piper Mechanical CITY OF TIGARSD BUILDING DIVISI PHONE: 360-953-1534 By. EMAIL: lars@pipermechanical.com RE: 11600 SW 72ND Ave Portland,OR 97223 ? / g2©/ (Site Address) (Permit Number) 72nd&Baylor Affordable Housing (Project name or subdivision name and lot number) ATTACHED ARE THE FOLLOWING ITEMS: I • Cam; rDeSerIO ;. ,.,, ° ., ... • _��` , ie�.:. Additional set(s) of plans. Revisions: Cross section(s) and details. Wall bracing and/or lateral analysis. Floor/roof framing. Basement and retaining walls. Beam calculations. Engineer's calculations. 3 Other(explain):Radon plans REMARKS: Radon drawings are to be reviewed and added to the building permit set. FOR OFFICE USE.ONLY Routed to Permit Technician: Date: g — Initials: Fees Duel] Yes ❑ No Fee Description: Amount Due: reAl $ y S $ Special Instructions: Reprint Permit (per PE): ❑ Yes 91,No ❑ Done Applicant Notified: Z- i2$ Date: ./2-5/to Initials: /9-i 1:\Building\Forms\TransmittalLetter-Revisions_073120.doc