HomeMy WebLinkAboutPreservation Action Fund Agreement, 2025 Carnegie Library, City of Seattle Att 2 - PAF Agreement
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Attachment 2
PAF AGREEMENT
THIS AGREEMENT is entered into between The City of Auburn, a municipal
corporation and political subdivision of the State of Washington, hereinafter referred to
as "Auburn," and The City of Seattle, a Washington municipal corporation, hereinafter
referred to as "Seattle", each being a unit of general local government of the State of
Washington.
RECITALS
WHEREAS, The City of Seattle ("Seattle") chartered Historic Seattle Public
Development Authority ("HSPDA") in 1974 under Seattle Municipal Code 3.110, and its
current general purposes are to preserve and enhance the historic heritage of the city of
Seattle and its specific purposes are, among other things, restoration of historic
structures, enhancement of cultural aspects and activities of all types, development of
residential and transient housing for all income levels, development of a balanced
pattern of transportation and pedestrian areas, improvement of landscaping and open
spaces in public areas, and creation of residential-commercial neighborhoods with high
standards of environment and quality of life in a diversified urban situation; and
WHEREAS, HSPDA has a long history of successfully fulfilling its purposes; and
WHEREAS, by King County Ordinances 18181 and 18441, King County
authorized the King County Executive to enter into an agreement between King County
and 4Culture that provides direct funding resulting from the issuance and sale of King
County bonds for, among other things, the acquisition, stabilization, or redevelopment of
significant but endangered historic properties located within King County but outside
Seattle city limits ("Preservation Action Fund projects"); and
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WHEREAS, the agreement between King County and 4Culture anticipates that
4Culture and HSPDA will collaborate in the implementation of the Preservation Action
Fund projects, with HSPDA (1) acquiring, (2) executing rehabilitation, and (3) divesting
itself of Preservation Action Fund projects and properties, all as consistent with
HSPDA's chartered purposes and the Preservation Action Fund project parameters; and
WHEREAS, HSPDA has identified certain Preservation Action Fund projects
consistent with HSPDA's chartered purposes in The City of Auburn ("PAF Projects");
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 consents thereto," and
the HSPDA 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 Auburn and The City of Seattle desire to facilitate
HSPDA' s undertaking of PAF Projects; and
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WHEREAS, by Ordinance 125420 the City Council of Seattle authorized the
Director of the Office of Intergovernmental Relations to enter into this agreement with
Auburn to enable HSPDA to perform the activities described herein;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES,
THE PARTIES AGREE AS FOLLOWS:
1. Consents
The City of Auburn and The City of Seattle ("Seattle") each consent to Historic
Seattle Preservation and Development Authority ("HSPDA"), a public corporation
chartered by Seattle, to participate in the PAF Projects located outside Seattle
city limits in Auburn which may include, without limitation, HSPDA(1) acquiring,
(2) executing rehabilitation, and (3) divesting itself of Preservation Action Fund
projects and properties. The consent provided in this Agreement is intended to
satisfy the conditions of Seattle Municipal Code Section 3 .110.170 and the
Charter of HSPDA for actions outside Seattle corporate limits, 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, Auburn and Seattle agree that with respect to all
activities of HSPDA related to such projects and all related property interests now
or hereafter held by HSPDA, 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 granted pursuant to
RCW 35.21.730 through 35.21.755, shall be operable, applicable, and effective
in Auburn , so that HSPDA shall have the same powers, authority, and rights with
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respect to such activities as HSPDA 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 HSPDA continues, unless and until modified or terminated by written
agreement of Auburn 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 Auburn for any liability, action, or omission of HSPDA.
The parties agree that any action by HSPDA, or subsequent agreement between
HSPDA and Auburn, allowed by this agreement will not result in any obligation,
liability, or responsibility for Seattle.
CITY: CITY:
The City of Seattle The City of Auburn
c=4\
By: Mina Hashemi, Director By: Man ancy Backus
Office of Intergovernmental
Relations
01/06/2025 0//22/25
Date: Date:
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