The URL can be used to link to this page

Home My WebLink About5.661 Original Contract , . Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 mllllllllllllll U H I 2005 1163467 Clallam County Interlocal Agreement City Clerk File No.: 5' (,r, f rIlED fOR RECO,W .~ f TH~ ;,~OUE~IT If P. j). e;f" _..._.._,...-...........................---~-.......... -/.--- (~ccH:;a. 1../ - f..': ~ r,', ','" ,,-;--t... e" .. , "'~ l, .... ...,! V 2005 AUG 24 M'I 8: 48 @, Agreement between the City of Port Angeles and ~.~~~~ 0+ Clw~ C~ purpose:' LtASUlt.::PiL- 6~ -~k~~ ~ fv\~~ klYb~ ~ ~\.Jotl\ J \ S\~ Dated: ~r~i\D<; \L}lIl6 5.ltJw J t' INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION NON-CHARTER CODE CITY AND THE HOUSING AUTHORITY OF THE COUNTY OF CLALLAM, A MUNICIP AL CORPORATION ORGANIZED UNDER RCW 35.82 AND AUTHORIZED TO PARTICIPATE IN HOUSING COOPERATION LAW PROJECTS UNDER RCW 35.83 WHEREAS RCW 35.83.030 authorizes any city to do whatever is necessary or convenient to aid and cooperate with a housing authority in the planning, undertaking, construction, or operation of housing projects, and WHEREAS RCW 35.83.030 specifically authorizes any city to provide a housing authority with assistance related to providing street, sidewalk, and utility infrastructure improvements for housing projects, and WHEREAS RCW 35.34, the Interlocal Cooperation Act, allows municipal corporations such as cities and housing authorities to make such agreements between themselves as are lawful and as benefit each other, and WHEREAS the Housing Authority is undertaking a housing project, in several distinct phases, to provide low income housing with financing from the Rural Community Assistance Corporation, a California non-profit public benefit corporation, with a loan, promissory note and deed of trust all in the amount of$532,875, and WHEREAS the City of Port Angeles, having approved a preliminary subdivision, is seeking guarantees that the required final subdivision improvements regarding infrastructure shall be constructed in accordance with provisions of RCW 58.17 (the Subdivision Act), and WHEREAS RCW 58.17 does provide that, under certain circumstances, the provision of required infrastructure prior to sale or occupancy, or bonding in lieu of such required infrastructure, may be provided for as the City sees fit, and WHEREAS the loan agreement with the Rural Community Assistance Corporation provides in Section 28 for non-assignability of any commitments to third party beneficiaries, and WHEREAS because the project is funded by the Rural Community Assistance Corporation and the Housing Authority is the beneficiary of the loan as well as the debtor on the C \Documents and Settmgs\cknutson\Local Settmgs\Temp\HA mterlocal agreement 10-31 wpd Page 1 loan, and because the housing project provides for a necessary element of the Port Angeles City Comprehensive Plan (affordable housing), the arrangement agreed upon herein does provide for the improvements required in the subdivision in a manner satisfactory to the City; NOW, THEREFORE, THE CITY AGREES that the Housing Authority may provide its assurance and agreement that it will pay for the installation of necessary infrastructure as required by the City for final approval of the subdivision known as Madrona Woods from the proceeds of the loan secured by the promissory note, Loan No. 0384-HACC-02 dated July 24,2003, and THE HOUSING AUTHORITY AGREES that it will pay for the installation of said infrastructure for the Madrona Woods final subdivision from the proceeds of said loan, and THE HOUSING AUTHORITY AGREES that should it not pay for the required infrastructure from such loan proceeds, the Housing Authority will pay from any available funds of the Housing Authority to provide for such required infrastructure as set forth in the approved subdivision, and THE PARTIES AGREE that the attached Exhibit "A" sets forth the required scheduling for installation of the required infrastructure (roads, sidewalks, sewers, water, utilities, landscaping, storm water facilities etc.), and THE HOUSING AUTHORITY AGREES to comply with the terms of Exhibit "A". DATED this (jtL day of 'f't~ ~k..- "flOO?:> ~&.-:, ---M:A YOR, as approved by the City Council UTSON, City Attorney DATED this G f-~ day of JJO\JQVV\ ~Yl..- , 2.003. I?r~- ~ CHAIRNlAN OB/HOUSING AUTHORITY BOARD, as apGoved by the Board C \Documents and Settmgs\cknutson\Local Settmgs\Temp\HA mterlocal agreement IO-31.wpd ~ ':",)1 ~+"\'~.'~. , "t:1' - \ i',-', 'r (, ..,' ; ~'....~ -', ~ 11f~." f ~~, .. .i "4 ~"'1..~J<";; ,\\.\l'j:t~..,. 't., ' ~t\ .,,-\ -..i:l"s ", . '0 ...' ..,; I..:, !..... -', ".:: 'r.."\,e... ........(;.0 <; .....,.#... ~:.:~~.-,..,'\. ~""n '~Qn ~,/..~ .;' .(0;:;"< ~-.a ". ,:-7 r~ ;: "-. ~ -:>. _I'~ vn \:.o.,t ~ ~ - 'Ii ~.')~ ." \., ,_ 0../- ': -.: ~ nt.,\,. ~ -~- : ,;" r "i r<ttse :;;';'"'-.:': '; , -.: u. ~ j-~1 ~ :r- l' .. '~7 $ i::I ..... ~ c... .,....~t'-I "". ~ ..: I' '" V' .. " ~. ...J 1iI'.. .f... Ijt;o '\~.. ....~~ ~;(1;; ....., .' ",'to, ....... "i' ~ 1) .0. ~ . t .... ,"" ~, "1 )~ ,.... "'~, -11-il. \...~~ I lit .", ~/'HHUH~ \" Approved as to Form: Cq~ CRAIG A. RITCHIE Attorney for<Housing Authority .' ~ " EXHIBIT" A" TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION NON-CHARTER CODE CITY AND THE HOUSING AUTHORITY OF THE COUNTY OF CLALLAM, A MUNICIP AL CORPORATION ORGANIZED UNDER RCW 35.82 AND AUTHORIZED TO PARTICIPATE IN HOUSING COOPERATION LAW PROJECTS UNDER RCW 35.83 The project known as Madrona Woods is to be constructeQ in two phases. Phase I includes lots 1 through 8 of the Madrona Woods subdivision and a septic project that is not part of the Madrona Woods subdivision. Phase II includes lots 9 through 19. The Housing Authority understands and will so inform all prospective purchasers that City of Port Angeles regulations prohibit occupancy until all infrastructure associated with the property to be occupied has been constructed to the satisfaction of the City or until all Phase I infrastructure has been completed to the satisfaction of the City and an escrow or blocked account guaranteeing the completion of the entire infrastructure of the subdivision has been provided for as approved by the City. The total estimated cost of the improvements required by the City for the Madrona Woods subdivision is $395,713, as set forth in the attached construction cost estimate. The estimated required infrastructure for Phase I is as follows: Sidewalk along "0" and 18th Streets (adjacent to first phase) with any required curbs and gutters ......... ................................ ........................ $11,980.00 Sewer (including sewer in Arbutus Lane) .......................... $24,060.00 Water . . .. .. . .. . . . .. . .. . . . .. . . . . . .. .. .. .. .. . . .. .. .. .. .. .. .. .. . . . .. .. .. . . . .. .. .. . . . . . . ... $11,725.00 Electrical ............................................................................ $35,600.00 Conduit for future use. ............................................................. $780.00 All of the above improvements will be in place and acceptable to the City not later than October 1,2004. No lots in Phase II shall be sold until the infrastructure in Phase I has been installed and accepted by the City and such lots shall not be occupied until an escrow or blocked account guaranteeing the completion of the entire infrastructure of the subdivision has been provided for as approved by the City.. All of the remaining infrastructure for Phase II shall be installed and acceptable to the City not later than October 1,2005. C \Documents and Settmgs\cknutson\LocaI Settings\Temp\HA mterlocaI agreement 1O-31.wpd Page 3