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Home My WebLink AboutPK05-279 - Amendment - #1 - King County Houseing Authority - CDBG Funded Springwood Community Center - 11/25/2008 20090223001608 CHICRGO TITLE AMN0 46.00 02G2302008F.5 KING COUNTY, Wp When recorded return to: City of-Kent Human Services Division ATTN: Dinah Wilson 220 Fourth Avenue South rnnp� t rtt^� inr Kent, WA 98032 '� r .�,. TItIryLt �z 2 s � e4 s� / Grantor: King County Housing Authority, a public body corporate and politic Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: Ptn of NE '/4, NE 1/4, S 33, T 22 N, R 5 E, W.M. Full Legal Description: See Exhibit A of document. Assessor's Property Tax Parcel Account Numbers: 332205-9001-00 Recording Number of Documents Referenced: 20051129002851 Project Name: Springwood Youth Center (AKA the Recreation Center) FIRST AMENDMENT TO COMMUNITY FACILITY COVENANT AGREEMENT This First Amendment to Community Facility Covenant Agreement (the "Amendment") is made and entered into effective as of the j V7 day of IVcdtw�be.r 2008 by and between the Housing Authority of the First Amendment To Community Facility Covenant Agreement Page 1 of 4 Re: Springwood Youth Center County of King, a public body corporate and politic ("Grantor"), and the City of Kent, a Washington municipal corporation ("Grantee"). Grantor executed for the benefit of Grantee that certain Community Facility Covenant Agreement recorded under King County recording number 20051129002851 (the "Covenant"). The Covenant was executed and delivered by the Grantor to ensure that the development and operation of the Youth Center Building constructed in part with funds provided by the Grantee, is operated and maintained in accordance with the terms and conditions of the CDBG Agreement Between City of Kent and King County Housing Authority, Project Number BG0516 (the "Agreement"). Grantor and Grantee have now discovered that the legal description used in the Covenant and the Agreement is in error because it described the entire Springwood Housing Development rather than just the Youth Center Building site. Grantor and Grantee desire to amend the Covenant to correct the legal description to which the Covenant applies and therefore agree as follows: Notwithstanding any other terms and conditions of the Covenant or the Agreement, the Covenant shall apply only to the area described in Exhibit A attached and incorporated hereto and the Covenant is hereby released as to any other real property. By executing this Amendment the parties acknowledge and confirm that the Covenant does not provide Grantee any rights or remedies in connection with any real property of the Grantor other than as described in Exhibit A hereto. Grantee has not assigned, pledged or otherwise transferred any of the rights or benefits accruing to it pursuant to the Covenant and/or the Agreement. The terms of the Covenant, as amended herein, shall be binding upon the Grantor and its successors and assigns, and nothing herein shall limit the ability of Grantee to enforce its rights and remedies with respect to the operation and maintenance of property described in Exhibit A or the repayment of the funds provided under the Contract against Grantor. Each and every instrument hereafter executed conveying property described in Exhibit A shall contain an express provision, enforceable by Grantee, making such conveyance subject to the conditions of this Covenant. Any such instrument shall conclusively be held to have been executed, delivered and accepted subject to the conditions of this Covenant irrespective of whether such conditions are expressly set forth or incorporated by reference in such First Amendment To Community Facility Covenant Agreement Page 2 of 4 Re: Springwood Youth Center instrument. Except as otherwise provided herein, the terms and conditions of the Covenant shall remain in full force and effect. IN WITNESS HEREOF, the undersigned have executed this First Amendment to Community Facility Covenant Agreement as of the dates written below. KING COUNTY HOUSING AUTHORITY CITY OF KENT By: 0196 By: Daniel R. Watson z t Cooke Deputy Executive Director a Date: lot z I ( o r ate: STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this Vday of �� 2008, before me a Notary Public in and for the State of Washington, personally appeared Daniel R. Watson, to me known to be the Deputy Executive Director of the KING COUNTY HOUSING AUTHORIY, a public body corporate and politic that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Sea/ Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written 000 7APjPolnftwt y Public gnature Washington (Printed Name) E E EVEREIT NOTARY PUBLIC, in and for �h�itat o�+ *6vs May 26. 2009 Washington residing at My appointment expires (Additional Notary Acknowledgment on Next Page) First Amendment To Community Facility Covenant Agreement Page 3 of 4 Re: Springwood Youth Center STATE OF WASHINGTON ) ss. COUNTY OF KING ..) On this 6464day of N� , 2008, before me a Notary Public in and for the State of Washington, personally appeared Suzette Cooke, to me known to be the Mayor of the CITY OF KENT, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that she was authorized to - . execute said instrument. i` t -Notary Seal Must Appear Within This Box- f IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ztew a `ip Sign ure "• pTA„ "w (Printed Name) y ..... H NOTARY PUBLIC, in and for the State of pttgdt� Washington residing at My appointment expires 7�p'2 �L r P\Ciwl\Fdes\OpenFiles\0733-2008\FrstAmendmentSpnngwoodYouthCenterAgreement doc First Amendment To Community Facility Covenant Agreement Page 4 of 4 Re: Springwood Youth Center F Exhibit A Legal Description to First Amendment to Community Facility Covenant Agreement (City of Kent) THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 750 FEET OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE WEST MARGIN OF 132ND AVE SOUTHEAST ESTABLISHED BE DEED RECORDED UNDER AUDITOR'S FILE NUMBER 6344630; THENCE SOUTH 01005'44" WEST, 45.28 FEET ALONG SAID WEST MARGIN OF 132ND AVE SOUTHEAST TO THE TRUE POINT OF BEGINNING, THENCE NORTH 89002'32" WEST, 251.96 FEET; THENCE SOUTH O1000'29" WEST, 156.21 FEET; THENCE SOUTH 89005'26" EAST, 94.79 FEET; THENCE NORTH 54016'27" EAST, 74.98 FEET; THENCE SOUTH 88046'44" EAST, 96.91 FEET TO THE WEST MARGIN OF 132ND AVE SOUTHEAST; THENCE NORTH O1005'44" EAST, 111.79 FEET ALONG SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS APPROXIMATELY 33,660 SQ. FT., 0.77 ACRES W REQUEST FOR MAYOR'S SIGNATURE IC�NT Please Fill in All Applicable Boxes Wn 1n .'.N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: DINAH WILSON Phone (Originator): 5076 Date Sent: 11/12/08 Date Required: 11/21/08 _Return Signed Document to: Dinah CONTRACT TERMINATION DATE: 12/31/05 VENDOR NAME: Y r, DATE OF COUNCIL APPROVAL: 11/2/04 Brief Explanation of Document: This is the First Amendment to Community Facility Covenant Agreement between the City of Kent & King County Housing Authority (KCHA). KCHA requested the Amendment to limit the City's covenant solely to the Springwood Youth Center, the property in which the City invested CDBG funds in 2005. The original Covenant Agreement restricted the use of the entire Springwood property. iT RECEIVED All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) (Dit`y' 01 K`eilt �y �{J office of the Mayoi Received: Approval of Law Dept.: Law Dept. Comments: L r Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: j Disposition: //,�,;;7/,�:21 tl�Ls'/off' Date Returned: ws - • � 20051129002851.001 R owaA A ADD" 11 T Aof Kgalev4 --- I - -- = N Se =ce._s �zS�rJ Sao fa%WA A-4e.S ke,�T,�JP, 98o3a f 00511290 I 851 PACIFIC NW TIT AG 35.00 PAGE001 DF 004 KING COUNTY, WA EXHIBIT I A ' COMMUNITY FACILITY COVENANT AGREEMENT QNWT-W23'�$-{off King County Housing Authority Return Address: City of Kent 9akldocx�e�a ��en�lRadir `�- 1 Human Services Division ra by Pacft Nohlwwset 11 to is �Z 220 Fourth Avenue South a000aunpdatlononly.hhu not ban Kent,WA 98032 owdrad#&toPMP°PMOW Or ATTN:Dinah Wilson dotii6wift4panw° Grantor: King County Housing Authority,a Washington non-profit corporation Grantee: The City of Kent, a Washington municipal corporation i Abbreviated NE '/<of NE A Less N 750 FT OF E 725 FT LESS RDS Legal Description Full Legal Description: Page 2 Assessor's Tax Parcel No.: 3322059001 Recording Nos. of Documents Assigned,Released or Referenced:N/A Project Name:Springwood Community Center Document Date:January 1,2005 This Community Facifity Covenant Agreement("Covenant")is made by King County Housing Authority("Grantor"),a Washington non-profit corporation and is part of the consideration for the financial assistance provided by the City of Kent,a Washington 20051129002851.002 1 municipal corporation("the Grantee'l,to Grantor pursuant to CDBG Agreement Between City of Kent and King County Housing Authority,Project Number BG0516 ("Agreement"),for the real property("Property") and improvements thereon located at 273601291h Place SE,Kent, King County, Washington,legally described as follows. THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON, EXCEPT THE NORTH 750 FEET OF THE EAST 725 FEET THEREOF,AND EXCEPT THE NORTH 30 FEET THEREOF DEEDED TO KING COUNTY FOR ROAD UNDER AUDITOR'S FILE NO.2625211 AND EXCEPT THE EAST 50 FEET THEREOF FOR ROAD Situated in the City of Kent, m King County,Washington. _ This Covenant shall-constitute a restriction upon the use of the property described herein,subject to and in accordance with the terms of this Covenant for ten(10)years from January 1,2005 - ("Covenant Term"). The covenants contained herein are to be taken and construed as covenants running with the land and shall pass to and be binding upon the Grantor,its successors and assigns,heirs,grantees,or lessees of the Property. Each and every contract,deed,mortgage or other instrument covering or conveying the Property,or any portion thereof, shall be conclusively held to have been executed, delivered and accepted subject to such covenants,regardless of whether such covenants are set forth in such contract,deed,mortgage or other instruments. NOW THEREFORE,it is hereby covenanted for the Covenant Term: 1. The Grantor agrees to use the Property to provide services specified in the Agreement. 2. The Grantor shall charge facility tenants and/or users who provide Eligible Activities rents and/or fees that are limited to the actual operating costs associated with the tenant's and/or facility user's occupancy. 3. In the event the Property is used at times for other than Eligible Activities,including but not limited to private meetings,private parties,or for activities requiring payment of fees that may be excessive for low-and moderate-income persons,the Grantor shall comply with the following requirements: a. Such uses may not be scheduled so as to displace or conflict with eligible activities; b. Such uses must be given lower priority than eligible uses when scheduling use of the facility; C. Such uses may not comprise more than 30 percent of the facility's regular operating gage 2 of 4 • 20051129002851.003 t hours during any single quarter of the calendar year;and d. The Grantor must charge fair market rents or fees. 4. The Grantor shall maintain records documenting how rents and fees were calculated for all tenants and users of the facility. 5. The Grantor shall keep any records and make any reports relating to compliance with this Covenant that the Grantee may reasonably require. If a violation of any of the foregoing Covenant occurs,the Grantee may,after thirty days notice to the Grantor,institute and prosecute any proceeding at law or in equity to abate, default the Agreement,prevent,or enjoin any such violation or to compel specific performance by the Grantor of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation,shall impair,damage or waive the right of the Grantee to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. The Grantee,in any action to enforce the terms of this Covenant,including any claim or other proceeding in bankruptcy,shall be entitled to recover its reasonable attorney's fees and costs incurred in such action. IN WITNESS HEREOF �Aovw,r> has executed this Covenant on the day BY: King County using Authority Authorized Signature Page 3 of 4 . . 20051129002861.004 NOTARY PUBLIC acknowledgment for the Covenant between King County Housing Authority, a npn-profit corporation and the City of Kent,a Washington municipal corporation,dated \3, aco5 STATE OF WASHINGTON,} County of } On this 1'3�= day of �5,before me,the undersigned,allotary Public in and for the State of Washington,duly commissioned and sworn,personally appeared before me, •-�•C�`•�-,-known to -of King County Housing Authority, that executed the foregoing instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned,and on oath stated that lAz is authorized to execute the said instrument and that the seal affixed(if any)is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State o ashington, residing at`r1'� dIN1451111H71!/!,// Page 4 of 4 .......... �/ //,,, Q 4 = 'q PUBLIC •.off` %��lj ............ �•�: