Correspondence /95 C( S9✓ g
Albert Shields
From: Albert Shields
Sent: Tuesday, November 15, 2011 3:29 PM
To: Dianna Howse
Cc: Gus Duenas; Susan Hartnett
Subject: Refund Request, Pac Rim Properties, MLP2006- 00002, BUP2006- 00097, MST2010- 00161.
Attachments: Albert Shields.vcf
Dianna, I'm forwarding to you the hardcopy request for refund of TDT, Parks, and Water Quantity and Quality Fees paid
under MST2010 -00161 which are offset by credits due to the developer, Bill Bader, under his MLP2006 -00002 and
BUP2006 -00097 for the demo of the existing house. The total is $10,538.00.
,i 2& 6e/ - ?a,
I've attached to the refund request a copy of a letter of agreement between Mr. Bader and John Jin, the builder under
MST2010- 00161, authorizing the refund payment to Mr. Bader. I've also attached a copy of my 6/28/11 email to Mr.
Bader on the subject, which spells out the background.
The fees were paid on 4/7/11 and Mr. Bader first spoke to me about requesting the refunds on June 6 but had
previously spoken with other city staff. Although I can't document a request within 30 days it seems likely that his first
inquiry about a refund was made within 30 days and his formal request to me was made within 60 days, so I recommend
that we honor his request. I've reviewed this with Gus who is in agreement as to the refund and with Susan who has
signed the request.
Please let me know if you need anything further or if you have any questions.
Albert Shields.
Albert Shields i /
City of Tigard
�
® , "- Program
i --- - �'" Development
Trim fN fnj Specialist
AIbert@tigard- or.gov
(503) 713-2426 Work
(503) 624-3681 Fax
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Albert Shields
From: Albert Shields
Sent: Tuesday, June 28, 2011 4:40 PM
To: 'Bill Bader'
Cc: Gus Duenas
Subject: RE: Inputs & Moving Forward
Attachments: Albert Shields.vcf
OK, Bill, here you are:
1. We are willing to work out a credit assignment /refund arrangement with you as set out below.
2. Under both the TDT and TIF methodologies, a refund request must be made within 30 days of payment of the
TDT or TIF except where a finding is made that a clerical error occurred in the calculation of the tax. TIF of
$3,440 was paid 8/28/07 on MST2007- 00132, too long ago to qualify. TDT of $5227 was paid 4/7/11 on
MST2010- 00161. Over 30 days has passed since TIF or TDT payments were made on either house but in the case
of MST2010 -00161 it is only a little over 60 days.
3. Normally, the developer with the credit and the builder paying the TDT are the same or a related entity so they
are aware of the possibility of offsetting the TDT with the credits. That was not the case in this instance and we
are willing to deem it to have been a clerical error that no credit for the demolished house was sought at the
time the TDT was paid two months ago on MST2010- 00161. Accordingly, we will accept a formal (signed and
notarized) assignment from you to Mr. Jin of your rights to the $5,227 TDT demo credit and a signed letter from
Mr. Jin directing that the refund of that amount be made to you.
4. Yes, there are Water Quality and Water Quantity credits from the demo of $225 and $275, respectively. Those
are the same amounts paid by Mr. Jin on 4/7/11. And, yes, you can assign those credits to the purchaser of one
of your lots and we will accept an assignment of your rights to those credits to Mr. Jin in the same manner as the
TDT credit.
Please let me know if you have any further questions.
Albert Shields
Albert Shields
14 City of Tigard
C Permits /Projects
i"ICARD Coordinator
Albert@tigard- or,gov
(503) 718 -2426 Work
(503) 624 -3681 Fax
13125 SW Hall Blvd
From: Bill Bader [mailto:Bill.Bader @inemi.org]
Sent: Tuesday, June 28, 2011 12:44 PM
To: Albert Shields
Subject: FW: Inputs & Moving Forward
Albert - Hope you are well
Please address the questions below - thanks - Bill
From: Bill Bader
•
Sent: Tuesday, June 21, 2011 5:49 AM
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To: 'Albert Shields'
Subject: RE: Inputs & Moving Forward
A few questions for you:
1. On water there are fees that I think are owed to the developer for water quantity and water quality. Yes I
understand that there was an existing water meter that was taken advantage of by Michal Kazubowski who
bought and built at 14534 SW 82 " However, I do think there were the water fees that are still out there for
credit - please check
2. Can I not assign the credits as you say to either Mr Jin or to Michal Kazubowski. I ask this because I know the
later much better than I know the former.
3. And.... If I work out a deal with one or the other of these two parties, could I simply get from them a memo that
requests that Tigard make the payment to me on their behalf. I would feel a lot better doing it that way than
having the check cut to them and then hoping it comes to me.
Thanks for your help - Bill
From: Albert Shields [mailto:albert@tigard - or.gov]
Sent: Saturday, June 18, 2011 9:52 AM
To: Bill Bader
Subject: RE: Inputs & Moving Forward
OK, Bill, here's what I've been able to put together. Starting with the lot at 8200 SW Bonita and an adjacent vacant lot:
You did a lot line adjustment that set up the lot at 14534 SW 82 and a larger L- shaped parcel that was the subject of
the Pac Rim Partition. You demolished the house at 8200 SW Bonita and received TIF /TDT, Parks, and Water Meter
credits for that one house. The house was not on sewer so there were no sewer credits. The right to the TDT and Parks
credits rests with the owner at the time of the demo unless and until he applies them to a house or houses he is building
or assigns them to someone else, such as a buyer of his lots. The credits have no cash exchange value other than in
offsetting fees.
The 14534 lot was sold and a house built on it. The water meter credit was applied to that house when it was connected
to the water system.
After the partition, the lot at 14568 SW 82 was sold to Mr. Jin, who is building a house on it under our permit
MST2010- 00161. Since the TDT and Parks credits were not issued to Mr. Jin no credits were applied when his building
permit was issued.
TDT replaced TIF in 2009 and the TDT rates change every July 1 The value of your credit is calculated as of when it is
applied to a building permit. I.e., your TDT credit is now $5,227 and it will increase to $6,665 effective 7/1/11 just as the
TDT charges will. Your Parks SDC credit is $4,811 and it will remain at $4,811 for the rest of this year.
We cannot "cash out" a TDT or Parks credit. We can only apply it to the TDT or Parks fees due on issuance of a building
permit or refund the appropriate amount if the TDT and Parks fees have already been paid.
In this case, you hold the TDT and Parks credits and Mr. Jin has paid the corresponding fees. If you assign the credits to
Mr. Jin we can refund the amount of those credits to Mr. Jin. Similarly, you can assign the credits to the purchaser of
another lot. Or, you can use the credits yourself if you yourself build on one of these lots.
I hope this answers your questions. Please call if you have others.
Albert Shields
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