PDFWAC 254-20-120
Historic preservation special valuation agreement.
The following historic preservation special valuation agreement shall be used by local review boards as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2):
This Historic Preservation Agreement is entered into on this . . . . day of . . . . . . . . , 19 . . . . , by and between . . . . . . . . (hereinafter referred to as applicant) and . . . . . . . . (hereinafter referred to as local review board).
whereas applicant is the owner of record of the historic property commonly known as . . . . . . . . , located at . . . . . . , State of Washington, as more fully described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as property); and
whereas applicant has requested special valuation of the property pursuant to chapter 84.26 RCW; and
whereas the local review board has determined that the property has been substantially rehabilitated within the two year period preceding the date of application and the actual cost of said rehabilitation equals or exceeds twenty-five percent of the assessed valuation of the property prior to the improvements; and
whereas the local review board has verified that the property is historic property that falls within a class of properties determined eligible for special valuation by local ordinance or administrative rule; and
whereas the local review board finds that the rehabilitation work has not altered the property in any way which adversely affects those elements which qualify it as historically significant;
now therefore, in recognition of the foregoing, the applicant enters into this Agreement with the local review board and agrees to adhere to the following terms and conditions for the ten-year period of the special valuation classification:
| 1. | applicant agrees to comply with the Washington State Advisory Council's Standards for the Maintenance and Rehabilitation of Historic Properties as set forth in Exhibit B, which is attached hereto and by this reference incorporated herein. |
| 2. | applicant agrees the property shall not be altered without the prior written consent of the local review board signed by a duly authorized representative thereof. No construction, alteration or remodelling or any other action shall be undertaken or permitted to be undertaken which would affect the historic character of the property which classifies it as eligible for special valuation, or which would affect the appearance of the property as depicted in the photographs attached hereto and incorporated herein by this reference as Exhibits . . . . . . . . through . . . . . . . . , or which would adversely affect the structural soundness of the property; provided, however, that the reconstruction, repair, repainting, or refinishing of presently existing parts or elements of the property subject to this Agreement, damage to which has resulted from casualty loss, deterioration or wear and tear, shall be permitted without the prior approval of the local review board, provided that such reconstruction, repair, repainting, or refinishing is performed in a manner which will not alter the appearance of those elements of the property subject to this Agreement as they are as of this date. Exterior changes which shall require the consent of the local review board shall include, but not be limited to, any substantial structural change or any change in design, color or materials. |
| 3. | applicant agrees the property shall not be demolished without the prior written consent of the local review board. |
| 4. | applicant agrees to make historic aspects of the property accessible to the public one day each year if the property is not visible from a public right of way. |
| 5. | applicant agrees to monitor the property for its continued qualification for special valuation and notify the appropriate County Assessor within 30 days if the property becomes disqualified because of |
| a. | a loss of historic integrity, |
| b. | sale or transfer to new ownership exempt from taxation, or |
| c. | sale or transfer to new ownership which does not intend to agree to the terms of this Agreement nor file a notice of compliance form with the County Assessor. |
| 6. | The applicant and local review board both agree that there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of this Agreement, during the period of the classification without the approval of all parties to this Agreement. |
Term of the Agreement. This Agreement shall take effect immediately upon signature and remain in effect until the property is no longer eligible for special valuation either through disqualification under RCW 84.26.080 or upon expiration of the ten-year period of special valuation commencing January 1, 19 . . . . , and ending December 31, 19 . . . .
Hold Harmless. The applicant or its successors or assigns shall hold the State and the local review board harmless from any and all liability and claims which may be asserted against the State and the local review board as a result of this Historic Preservation Special Valuation Agreement or the participation by the applicant in the Special Valuation Program.
Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the state of Washington.
[Statutory Authority: RCW 84.26.120. WSR 86-21-103 (Order 86-11), § 254-20-120, filed 10/20/86.]