HomeMy WebLinkAbout2025-0570 - - Omnibus Amendment - Burien Miller Creek SKHHP Docusign Envelope ID:85776466-B7D7-4BEE-A906-42C17E0824D4
OMNIBUS AMENDMENT
(Burien Miller Creek)
This Omnibus Amendment (this "Amendment") is dated as of December 5, 2025, and is by and
among the CITY OF AUBURN, as administering agency for the Cities of Auburn, Burien, Des Moines,
Federal Way, Kent,Normandy Park, Renton and Tukwila(each, a"City" and collectively,the "Cities" or
"Lender"), as a subset of the parties to a joint undertaking known as the South King Housing and
Homelessness Partners ("SKHHP"), HABITAT FOR HUMANITY SEATTLE-KING COUNTY, a
Washington nonprofit corporation(the"Habitat")and 511 S 136th ST LLC,a Washington limited liability
company(the"Borrower").
WHEREAS, SKHHP made an award to Habitat in the principal amount of$300,000(the"Grant")
pursuant to a Contract(the "Contract") dated March 13, 2025 and evidenced by a Promissory Note dated
March 13,2025 (the"Note"); and
WHEREAS, Habitat and Borrower entered into an Assignment, Assumption and Consent
Agreement(the"Assignment") recorded on March 17, 2025 for the benefit of SKHHP, pursuant to which
Habitat assigned the Note and Contract to the Borrower; and
WHEREAS, the Borrower executed a Low Income Housing Covenant Agreement (the
"Covenant")and a Deed of Trust,Assignment of Leases and Rents,Security Agreement and Fixture Filing,
each recorded in the King County Auditor's records on March 14,2025(the"Deed of Trust"),and an Indemnity
Agreement Regarding Hazardous Substances and Building Laws,dated on or about February 27,2025,in favor
of SKHHP (the "Indemnity" and collectively, with the Note, Contract, Covenant, Deed of Trust and
Assignment,the"Grant Documents"); and
WHEREAS, the parties intend to amend references to SKHHP to refer to the City of Auburn, as
the Administering Agency for SKHHP, on behalf of the Cities, as the Lender,and to confirm and ratify the
terms of the Grant and the Grant Documents; and
NOW THEREFORE,in consideration of the foregoing and the mutual representations,warranties,
covenants and conditions contained herein,the parties hereto hereby agree as follows:
1. Amendment. All references in the Grant Documents to SKHHP shall be amended to refer
to "the City of Auburn, as administering agency for the Cities of Auburn, Burien, Des Moines, Federal
Way, Kent,Normandy Park,Renton and Tukwila, as a subset of the parties to a joint undertaking through
an interlocal agreement known as the South King Housing and Homelessness Partners."
2. Miscellaneous.
(a) Except as specifically amended by this Amendment or any prior amendment, all
other terms,conditions,and definitions of the Grant Documents shall remain in full force and effect.
(b) This Amendment may be executed in any number of counterparts, each of which,
when executed and delivered, shall be an original, and such counterparts together shall constitute one and
the same instrument. Signature and acknowledgment pages may be detached from the counterparts and
attached to a single copy of this document to physically form one document. Facsimile or electronic
transmissions of executed signature pages are agreed and deemed by all parties to constitute originals fully
enforceable and binding upon the parties.
(c) This Amendment is to be construed in all respects and enforced according to the
laws of the State of Washington.
Docusign Envelope ID:85776466-B7D7-4BEE-A906-42C17E0824D4
Agreed to as of the date first set forth above.
SOUTH KING HOUSING AND 511 S 136TH ST LLC, a Washington limited liability
HOMELESSNESS PARTNERS company
CITIES OF AUBURN,BURIEN,DES By: Habitat for Humanity Seattle-King County,
MOINES,FEDERAL WAY,KENT, a Washington nonprofit corporation, its manager
NORMANDY PARK,RENTON, and
TUKWILA By:
Its:
By: City of Auburn, the Administering Agency
pursuant to that certain Interlocal Agreement for
SKHHP dated January 1, 2019 and RCW Ch By:
39.34. Its:
Signed by:
By: r
�
HABITAT FOR HUMANITY SEATTLE-KING
rtc;gz iit ic;
Nancy ac s,Mayor COUNTY, a Washington nonprofit corporation, its
manager
By:
Approved as to form: Its:
(—Signed by
By: I ► ,1�'1vvu
Paul Byrne,Deputy City Attorney By:
Its:
[Signature Page to Omnibus Amendment]
S-1