Loading...
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 1 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 1 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 2