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HomeMy WebLinkAboutCAG2022-404 - Original - City of Seattle - Allowing Community Roots Housing to Pursue Opportunities in Kent - 10/13/2022CAG William Ellis ECD 10/04/2022 10/04/2022 9/20/2022 N/A City of Seattle Interlocal n/a Original ILA to allow Community Roots Housing to pursue opportunities in Kent, Washington Other 10/10/22 CAG2022-404 10/10/22 10/13/22 AGREEMENT THIS AGREEMENT is entered into between The City of Kent , a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as “ Kent ,” and The City of Seattle, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as “Seattle”, each being a unit of general local government of the State of Washington. RECITALS WHEREAS, The City of Seattle chartered Capitol Hill Housing Improvement Program (“CHHIP”) in 1976, which has since renamed Community Roots Housing (“ROOTS”), and its current purpose is to assist homeowners, property owners, residential tenants, and residents of the Capitol Hill Community and such other areas as approved by the ROOTS Board of Directors in preserving, improving, and restoring the quality of their homes, property, and neighborhood, and to provide additional housing, cultural, social, and economic opportunities and facilities; and WHEREAS, ROOTS has a long history of successfully fulfilling its purpose both inside and outside its Capitol Hill boundaries; and WHEREAS, an important component of ROOTS’ mission is to facilitate and provide safe and affordable housing to low-and moderate-income individuals and families; and WHEREAS, ROOTS has identified certain specific mission-driven projects in Kent and anticipates additional projects in the near future; and WHEREAS, ROOTS is a public corporation established under SMC Chapter 3.110; and WHEREAS, Seattle Municipal Code, Section 3.110.170, states in part: “If authorized by its charter to do so, a public corporation may undertake projects and activities or perform acts outside the limits of the City only in those areas of another jurisdiction whose governing body by agreement with the City consent thereto, “and ROOTS Charter so authorizes; and WHEREAS Seattle Municipal Code subsection 3.110.070.B provides that “No public corporation may incur or create any liability that permits recourse by any contracting party or member of the public to or upon any assets, services or credit of the City.”; and WHEREAS, both The City of Kent and The City of Seattle desire to facilitate ROOTS undertaking of projects and activities consistent with its chartered purpose and to provide needed affordable housing; and WHEREAS, by Ordinance 125424 the City Council of Seattle authorized the Director of the Office of Intergovernmental Relations to enter into this Agreement with Kent , to enable ROOTS to perform the activities described herein; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, THE PARTIES AGREE AS FOLLOWS: 1. Consents The City of Kent (“Kent”) and The City of Seattle (“Seattle”) each consent to Community Roots Housing (“ROOTS”), a public corporation chartered by Seattle, developing affordable housing projects located outside Seattle city limits in Kent , which may include, without limitation, participating in the financing, ownership, and operation of such projects. The consent provided in this Agreement is intended to satisfy the conditions of SMC 3.110.170 and the Charter of ROOTS for actions outside Seattle and does not constitute approval of any components of such projects that may be required by any local, state, or federal law or regulations. 2. Powers and Authority Pursuant to RCW 35.21.740, Kent and Seattle agree that with respect to all activities of ROOTS related to such projects and all related property interests now or hereafter held by ROOTS, the powers, authorities, and rights of Seattle to establish, to confer power and authority upon, and to exercise authority over, a public corporation or authority, as expressly or impliedly grant pursuant to RCW 35.21.730 through 35.21.755, shall be operable, applicable, and effective in Kent, so ROOTS shall have the same powers, authority, and rights with respect to such activities as ROOTS has within the corporate limits of Seattle, and shall be subject to the same Seattle ordinances and authority of Seattle. 3. Duration This Agreement and the consents herein shall take effect when both parties have signed this Agreement and shall remain in effect so long as the corporate existence of ROOTS continues, unless and until modified or terminated by written agreement of Kent and Seattle. 4. Miscellaneous This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. Nothing in this Agreement shall impose any obligation, liability, or responsibility on Kent for any liability, action, or omission of ROOTS. The parties agree that any action by ROOTS, or subsequent agreement between ROOTS and Kent , allowed by this agreement will not result in any obligation, liability, or responsibility for Seattle. CITY: CITY: The City of Seattle The City of Kent By: Gael D. Tarleton, Director Office of Intergovernmental Relations 10/4/2022 By: Mayor Dana Ralph Date: Date: