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C-PACER lien will take precedence over all other liens except for a <br />lien for taxes as described in RCW 36.165.060. <br />(2) Before a capital provider may enter into a financing <br />agreement to provide C-PACER financing of a qualified project to the <br />record owner of any multifamily residential real property with five or <br />more dwelling units, the program administrator must also receive <br />written consent from any and all holders of affordable housing <br />covenants, restrictions, or regulatory agreements in the real property <br />that the property may participate in the program and that the C-PACER <br />lien will take precedence over all other liens except for a lien for <br />taxes as described in RCW 36.165.060. [2020 c 27 s 8.] <br />RCW 36.165.080 Financing —Permitted inclusions. The C-PACER <br />financing through a program established under this chapter may <br />include: <br />(1) The cost of materials and labor necessary for installation or <br />modification of a qualified improvement; <br />(2) Permit fees; <br />(3) Inspection fees; <br />(4) Lender's fees; <br />(5) Program application and administrative fees; <br />(6) Project development and engineering fees; <br />(7) Third -party review fees, including verification review fees; <br />(8) Capitalized interest; <br />(9) Interest reserves; <br />(10) Escrow for prepaid property taxes and insurance; or <br />(11) Any other fees or costs that may be incurred by the property <br />owner incident to the installation, modification, or improvement on a <br />specific or pro rata basis. [2020 c 27 s 9.] <br />RCW 36.165.090 Financing —Property owner authorizations. The <br />proposed C-PACER financing for a qualified project may authorize the <br />property owner to: <br />(1) Purchase directly the related equipment and materials for the <br />installation or modification of a qualified improvement; and <br />(2) Contract directly, including through lease, power purchase <br />agreement, or other service contract, for the installation or <br />modification of a qualified improvement. [2020 c 27 s 10.] <br />RCW 36.165.100 Prohibitions. A county that adopts a program and <br />designates a program region under this chapter may not: <br />(1) Make the issuance of a permit, license, or other <br />authorization from the county to a person who owns property in the <br />region contingent on the person entering into.a written contract to <br />repay the financing of a qualified project under this chapter; or <br />(2) Otherwise compel a person who owns property in the region to <br />enter into a written contract to repay the financing of a qualified <br />project under this chapter. [2020 c 27 s 11.1 <br />RCW 36.165.105 Exemptions from personal liability. The members <br />of the governing body of a county, employees of a county, and board <br />members, executives, and employees under this chapter are not <br />Certified on 8/15/2025 Combined Chapter 36.165 RCW Page 8 <br />