HomeMy WebLinkAboutPK09-114 - Other - City of Kent - Community Facility Covemant Agreement - CDBG Kiwanis #1 Playground Improvement Project - 01/01/2009 When recorded return to:
City of Kent
Human Services Division
ATTN: Dinah Wilson 20090609001658
220 Fourth Avenue South PACIFIC NW TIT COV 45.00
PAGE001 OF 004
Kent, WA 98032 06/09/2009 15:21
KING COUNTY, WA i
COMMUNITY FACILITY COVENANT AGREEMENT
Grantor: The City of Kent ?O
Grantee: The City of Kent � - ?4t.L Co 6z�'
Abbreviated Legal Description: lots 7, 8, 9, Jeffries' First Addition to Kent, an
unrecorded plat.
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Assessor's Tax Parcel No.: 3686900035 XAJ to xt affect upon*W
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Recording Nos. of Documents Assigned, Released or Referenced: N/A
Project Name: Kiwanis #1 Playground Improvement Project
Document Date: May �, 2009
This Community Facility Covenant Agreement ("Covenant") is made by the City of
Kent, a Washington municipal corporation, ("Grantor"), as the Community
Development Block Grant ("CDBG") recipient for the Kiwanis #1 Playground
Improvement Project, and is part of the consideration for the financial assistance
provided by the City of Kent as CDBG Administrator to Grantor pursuant to CDBG
Agreement Between the City of Kent as CDBG Administrator and, the City of Kent
as CDBG Recipient for the Kiwanis #1 Playground Improvement Project, Project
Number BG0918 ("Agreement"), for the real property ("Property") and
improvements thereon located at First and Crow Street, legally described as
follows:
Beginning at a point which is 50 feet north of the southeast
corner of Tract 39 of Waterman's Acre Tracts to the Town of
Community Facility Covenant Agreement Page 1 of 4
Re. Kiwanis #1 Playground Improvement Project
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Kent; running thence west 195.32 feet; thence north 141.29
feet; thence east 197.09 feet; thence south 141.79 feet to the
point of beginning (Being also know as Lots 7, 8 and 9 of
Jeffries' First Addition to Kent, an unrecorded plat).
This Covenant shall constitute a restriction upon the use of the Property subject to
and in accordance with the terms of this Covenant for ten (10) years from January
1, 2009 ("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 hours during any single quarter of the calendar year;
and
d. The Grantor must charge fair market rents or fees.
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Re: Kiwanis #1 Playground Improvement Project
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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.
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Community Facility Covenant Agreement Page 3 of 4
Re: Kiwanis #1 Playground Improvement Project
IN WITNESS HEREOF, the undersigned has executed this Community Facility
Covenant Agreement as of the date written below.
CITY OF KENT
By:
S zette ooke
Da t M yo 7Z �
STATE OF WASHINGTON )
SS.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this instrument,
on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as
its Mayor, and such execution to be the free and voluntary act of such party for the uses and
purposes mentioned in the foregoing instrument.
-Notary Sea!Must Appear Within This eox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State
'=y" of Washington, residing at
My appointment expires '/ Z-
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Re: Kiwanis #1 Playground Improvement Project