HomeMy WebLinkAbout3543 ResolutionRESOLUTION NO. 3!SL
A RESOLUTION OF THE CITY OF PASCO APPROVING THE INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO & THE
HOUSING AUTHORITY OF THE CITY OF PASCO & FRANKLIN COUNTY FOR
PAYMENT IN LIEU OF TAXES.
WHEREAS, the Housing Authority of the City of Pasco & Franklin County (Authority) owns
land within the City that it expects to develop as a housing project for purposes of providing low - income
housing opportunities: and
WHEREAS, housing projects of the type to be developed by the Authority are exempt fi-om ad
valorem property tax levy, one of the primary sources of local tax revenue essential for the provision of
local public services; and
WHEREAS, the housing project will be of substantial benefit to the community so long as the
project includes payment in lieu of taxes (PILOT) equivalent to the property taxes the low - income
housing project would have made to meet the costs of anticipated increase in needed public services and
facilities; and
WHEREAS, PILOT will be made in accord with the terms and conditions of the Agreement,
which shall be substantially in the form attached and incorporated herein by this reference as Exhibit "A ";
and
WHEREAS, the City desires to insure PILOT obligations will run with the land and be binding
upon any subsequent owners to whom the Authority may transfer the properties referenced herein: and
the City Council having determined said Agreement to be in the best interests of the citizens of Pasco:
NOW THEREFORE,
BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City of Pasco enter- into an Interlocal Cooperation Agreement between the City and
Authority for PILOT according to the terms and conditions of the Agreement, a copy of which is attached
and incorporated herein by this reference as Exhibit "A "; and the Mayor of the City of Pasco is hereby
authorized to sign said Interlocal Cooperation Agreement for and on behalf of the City of Pasco.
Passed by the City Council of the City of Pasco this _:I_ day of (i 2014
Matt Watkins, Mayor
APPRO S TO FORM:
Leland Kerr, City Attorney
EXHIBIT "A"
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
CITY OF PASCO AND THE HOUSING AUTHORITY OF THE CITY OF PASCO
& FRANKLIN COUNTY FOR
PAYMENT IN LIEU OF TAXES (PILOT)
THIS INTER CAL AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into
this -71-4--day of r 1 2014 between the City of Pasco, Washington, a Municipal
Corporation, hereinafteiJ referred to as "City ", and the Housing Authority of the City of Pasco & Franklin
County, a public body corporate and politic of the State of Washington, hereinafter referred to as
``Authority''.
WHEREAS, the Authority owns land in the City that it expects to develop as a housing project
(the "Project ") for purposes of providing housing 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 to providing certain approvals for the Project, the City has requested
that the Authority pay, or cause the lessee of the Project to pay, amounts to the City in lieu of taxes to
defray the cost of providing essential local public services;
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other
valuable consideration the parties agree as follows:
I. Purpose. The purpose of this Interlocal Agreement is to insure that PILOT
payments shall be a continuing obligation and shall run with the land, to be binding upon subsequent
owners or successors in interest which may purchase or otherwise receive the properties described herein
from the Authority.
2. Property. This Agreement establishes obligations and covenants of PILOT
payments as running with the property (the "Property ") more legally described as:
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 DESCRIBED
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 AGATE
STREET AS CONVEYED TO THE CITY OF PASCO BY QUIT CLAIM DEED RECORDED
PILOT INTERLOCAL COOPERATION AGREEMENT - 2
UNDER AUDITOR'S FEE No. 323673; THENCE NORTH 00 °19'43" 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 00 °19'01" WEST ALONG SAID EAST LINE
A DISTANCE OF 336.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 10.00 FEET; THENCE LEAVING SAID EAST LINE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 90 012'29" 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 00 °02'51"
EAST A DISTANCE OF 81.64 FEET; THENCE SOUTH 10 °40'47" 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 8502]'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 89 045'53" WEST A DISTANCE OF 48.87 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
1 006'38" A DISTANCE OF 3.76 FEET; THENCE NORTH 89 °07'33" WEST A DISTANCE OF
30.87 FEET; THENCE SOUTH 89 006' 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 33 048'57" A DISTANCE OF 60.20 FEET; 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 34 026'22" A DISTANCE OF 66.72 FEET; THENCE SOUTH
89 °43'53" WEST A DISTANCE OF 133.29 FEET TO THE TRUE POINT OF BEGINNING.
3. Payments. The Authority agrees to make, or cause to be made, annually by each
October 31, commencing October 31, 2015, a payment in lieu of taxes (a "PILOT ") with respect to the
Property, directly to the City, in the amount of $9,243.76, calculated as follows:
City of Pasco - $1,732.72
Pasco School District #I - $6,059.49
Port of Pasco - $286.40
Franklin County - $1,165.15
PILOT INTERLOCAL COOPERATION AGREEMENT -3)
provided, the PILOT amount to be paid in 2015 shall be prorated based on a ratio, the numerator of which
is the number of days remaining in the year from the date the certificate of occupancy for the Project is
issued by the City and the denominator of which is 365.
4. Adiustments. The amount of the annual PILOT required by Section 3 shall be re-
determined every year from the date of this Agreement, based on relative increases or decreases in the
value of the Project as determined by the Franklin County Assessor multiplied by the sum of the property
tax levy rate of the City, the Port of Pasco, Franklin County current expense and the Pasco School District
# I for the applicable calendar year.
5. Covenant Running With the Land. By this Agreement, the obligation to make
PILOT payments shall constitute a covenant that will run with the land, and shall be binding upon
assigns, successors in interest, or other interest holders in the above described properties so long as the
same is public property as described herein and is transferred to a tax - exempt entity (other than the United
States government), which by the laws of the State of Washington is not required to pay ad valorem tax
on the property.
6. Enforcement. The City retains all other rights and remedies, in law or equity, which
may be necessary, or in any event, available in seeking collection of unpaid and past due PILOT
payments. The Authority expressly waives any of the City's obligations to post any bond which may
otherwise be required by law to enforce the terms of this Agreement.
7. Interlocal Cooperation Act Provisions. No special budget or funds are
anticipated nor shall be created by this Agreement. This Agreement does not require the sharing of
special materials or equipment. It is not the intention of the parties to create a separate legal entity to
conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal
property other than the real property previously acquired by the Authority, and specifically described
herein, anticipated under the terns of this Agreement.
This Agreement shall be filed with the Franklin County Auditor and listed by the subject on either
Parties' website or other electronically retrievable public source.
8. Execution. This Agreement shall become effective when it has been approved by
Resolution of the City Council of the City and the Board of Commissioners of the Authority.
9. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Any modification to this Agreement shall be in writing and signed by both parties.
Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of said
provision. In the event any provision of this Agreement is determined to be illegal, void, or otherwise
unenforceable by a Court of competent jurisdiction, by legislation, or by arbitration award, the other
provisions shall remain in full force and effect.
10. Notices. All notices and demands shall be in writing and sent to the parties hereto
at their address as follows:
City of Pasco Housing Authority
City Manager Executive Director
PO Box 293 2505 W. Lewis St.
Pasco, Washington 99301 Pasco, Washington 99301
PILOT INTERLOCAL COOPERATION AGREEMENT - 4
1 1. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the City
Manager and one designee from the Authority, or any successor, shall first meet in a good faith attempt to
resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration
pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be
placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the
prevailing party shall be entitled to its reasonable attorney fees and costs as an additional judgment.
DATED this -7 day of Apr r 1 12014
CITY OF PASCO
Matt Watkins; Mayor
STATE OF WASHINGTON )
: SS
County of Franklin
HOUSING AUTHORITY OF THE CITY OF
PASCO RAN KLIN COUNTY
F.J. n rson, Executive Director
APPR AS TO FORM:
Leland Kerr, City Attorney
On this day personally appeared before me, Ct,7" !?S G , of the City
of Pasco, to be known to be the individual described in and who executed the wi llin and foregoing
a
Instrument d�zh w,ledged that the signed the same as their free and voluntary act and deed for the
uses andy,urpQses therein mentioned.
�'�'�fiij l�anck and official seal this day of i zi 4.
PUBLIC
� � V
NOTARY PUB in and for the State of Washington
p0 WASN� � Residing at: C
s / /,#ofIWO My Commission Expires: `7
STATE OF WASHINGTON )
SS
County of Franklin
On this day personally appeared before me, F, J. 4�'r''-50h of the
Housing Authority of the City of Pasco & Franklin County, to be known to be the individual described in
and who executed the within and foregoing instrument, and acknowledged that the signed the same as the
free and voluntary act and deed of such entity for the uses and purposes therein mentioned.
'Given under my hand and official seal this day of 2014.
r g r
N TA UB IC in and fpr the State of Washington
Residing at:
My Commission Expires: ZDI
�'. �� �•° ��` ` :`' PILOT INTERLOCAL COOPERATION AGREEMENT -