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Home My WebLink About4387 Resolution - Terminating ILA with Housing Authority Related to Pilot TaxRESOLUTION NO.4387 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF PASCO AND FRANKLIN COUNTY TERMINATING THE INTERLOCAL AGREEMENT RELATED TO PILOT FEE IN LIEU OF TAX. WHEREAS, on April 7, 2014, the City of Pasco (City) and the Housing Authority of the City of Pasco and Franklin County (Housing Authority) entered into an Interlocal Cooperation Agreement (ILA), recorded with Franklin County Auditor's Office AFN 1813678 PRAG, for Payment in Lieu of Taxes (PILOT); and WHEREAS, the Housing Authority owned land in the City and it was expected to develop a housing project for purposes of providing to low-income families; and WHEREAS, RCW 35.82.210 exempts a housing authority and its property from all State and local taxes; and WHEREAS, as a condition of providing certain approvals for the housing project, the City requested that the Housing Authority pay, or cause the lessee of the housing project to pay, amounts to the City in lieu of taxes to defray the cost of providing essential local public services; and WHEREAS, the Housing Authority has requested the City to stop the PILOT Fee and dissolve the April 2014 ILA; and. WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an agreement with the Housing Authority terminating the April 2014 ILA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Termination Agreement between the City of Pasco and the Housing Authority of the City of Pasco and Franklin County as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Termination Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution will take effect immediately. Resolution - — Terminate ILA (AFN 1813678 PRAG) for PILOT Fee - 1 PASSED by the City Council of the City of Pasco, Washington, on this 60' day of November, 2023. --�6a�- Blanc a Barajas Mayor ATTEST: �9 &(1, /qfA Debra Bar am, CMC City Clerk APPROVED AS TO FORM: Kerr Fe on Law, PLLC City orneys Resolution - — Terminate ILA (AFN 1813678 PRAG) for PILOT Fee - 2 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: Matt Truman, PHM Executive Director Housing Authority of the City of Pasco and Franklin County 2505 W. Lewis Street Pasco, Washington 99301 AGREEMENT TO TERMINATE INTERLOCAL COOPERATION AGREEMENT Grantor: City of Pasco Grantee: Housing Authority of the City of Pasco and Franklin County Legal Description: W2 NE4 SW4 20-9-30 Official legal description on Exhibit A attached Assessor's Tax Parcel ID#: 113460158 Reference # (If applicable): 1813678 PRAG AGREEMENT TO TERMINATE INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF PASCO AND THE HOUSING AUTHORITY OF THE CITY OF PASCO AND FRANKLIN COUNTY FOR PAYMENT IN LIEU OF TAXES (PILOT) This Agreement to Terminate Interlocal Cooperation Agreement (this "Agreement to Terminate") is made as of this day of , 2022, by and between the City of Pasco, a Washington municipal corporation (the "City") and the Housing Authority of the City of Pasco and Franklin County, a public body corporate and politic of the State of Washington (the "Authority"). 1. PILOT Agreement. The City and the Authority previously entered into an Interlocal Cooperation Agreement dated April 7, 2014 (the "PILOT Agreement") pursuant to which the Authority agreed to pay, or to cause to be paid, amounts to the City in lieu of taxes with respect to certain property owned by the Authority, as further described in Exhibit A hereto. 2. Termination of PILOT Agreement. By mutual agreement, the City and the Authority hereby terminate the PILOT Agreement, effective as of the first date this Agreement to Terminate is filed with the county auditor or, alternatively, is listed by subject on either parry's website or other electronically retrievable public source. Such termination is in recognition that the Property is public property used for essential public and governmental purposes and is exempt from all taxes and special assessments pursuant to RCW 35.82.210. 3. Authorization. Each of the City and the Authority does hereby represent and warrant to the other that it is duly authorized to enter into this Agreement. 4. Counterpart Signature; Filing. This Termination Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement shall be filed with the Franklin County Auditor and listed by the subject on either party's website or other electronically retrievable public source. [Signature Pages to Follow] 1 IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the day and year first set forth above. CITY OF PASCO ATTEST: HOUSING AUTHORITY OF THE CITY OF PASCO AND FRANKLIN COUNTY Bv: Mayor Matt Truman, Executive Director By: City Clerk APPROVED AS TO FORM: City Attorney S-1 STATE OF WASHINGTON ss. COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that is the person who appeared before me and acknowledged that [he/he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal this day of , 2022. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires S-2 STATE OF WASHINGTON ss. C•Z• 1►I I I•III► . I► I certify that I know or have satisfactory evidence that Matt Truman is the person who appeared before me and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of the Housing Authority of the City of Pasco and Franklin County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal this day of , 2022. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires S-3 EXHIBIT A TO AGREEMENT TO TERMINATE INTERLOCAL COOPERATION AGREEMENT The Property is described as follows: THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 20, TOWNSHIP 9 NORTH, RANGE 30, E.W.M., LYING EAST OF STATE HIGHWAY NO. 11 (4TH AVENUE), BEING MORE PARTICULARLY DESC R IB ED AS FOLLOWS: COMMENCING ON THE SOUTH LINE OF SAID SECTION 20 AT A POINT 530 FEET EAST OF THE SOUTHWEST CORNER THEREOF AND ON THE EAST RIGHT-OF- WAY LINE OF STATE HIGHWAY NO. 11; THENCE NORTH 00° 18' 17" WEST ALONG SAID EAST LINE A DISTANCE OF 659.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 00°20' 28" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 4.93 TO THE SOUTHERLY MARGIN OF WEST AGAT E STREET AS CONVEYED TO THE CITY OF PASCO BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FEE No. 323673; THENCE NORTH 00019' 43" WEST A DISTANCE OF 50.84 FEET TO THE NORTHERLY MARGIN OF SAID WEST AGATE STREET AT THE EAST RIGHT-OF-WAY LINE OF SAID HIGHWAY; THENCE NORTH 00°19'01" WEST ALONG SAID EAST LINE A DISTANCE OF 217.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00019'01" WEST ALONG SAID EAST LINE A DISTANCE OF 336.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH EAST HAVING A RADIUS OF 10.00 FEET; THENCE LEAVING SAID EAST LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90012'29" A DISTANCE OF 15.74 FEET TO THE SOUTHERLY MARGIN OF WEST PEARL STREET AS CONVEYED TO THE CITY OF PASCO BY DEDICATION DEED RECORDED UNDER AUDITOR'S FEE No. 1757531; THENCE NORTH 89°53'28" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 344.96 FEET TO THE EAST MARGIN OF SAID CONVEYANCE; THENCE NORTH 00°18'28" WEST A DISTANCE OF 40.00 TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 89°23'57" EAST ALONG SAID NORTH LINE A DISTANCE OF 200.65 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00002'51" EAST A DISTANCE OF 81.64 FEET; THENCE SOUTH 10040'47" WEST A DISTANCE OF 148.88 FEET; THENCE SOUTH 01°21'14" WEST A DISTANCE OF 55.35 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 97.00 FEET FROM WHICH THE CHORD BEARS NORTH 85021'03" WEST A DISTANCE OF 16.52 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9046'11" A DISTANCE OF 16.54 FEET: THENCE SOUTH 89°45' 53" WEST A DISTANCE OF 48.87 FEW FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 194.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1006'38" A DISTANCE OF 3.76 FEET; THENCE NORTH 89007' 33" WEST A DISTANCE OF 30.87 FEET; THENCE SOUTH 89006'29" WEST A DISTANCE OF 77.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 102.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33048'57" A DISTANCE OF 60.20 FEE T; THENCE SOUTH 55017' 29" WEST A DISTANCE OF 115.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 111.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34026'22" A DISTANCE OF 66.72 FEET; THENCE SOUTH 89043'53" WEST A DISTANCE OF 133.29 FEET TO THE TRUE POINT OF BEGINNING. 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