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HomeMy WebLinkAbout200706290101 - Kitsap County Consolidated Housing Authority - Contract Housing Covenant AgreementWhen Recorded Return to: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 HOUSING COVENANT AGREEMENT Grantor (Authority): Kitsap County Consolidated llousing Authority Grantee (CitV) City of Port Orchard Assessor's Tax Parcel Numbers: 403 l-008-017-0108 Legal Description (abbreviated): LOT A, CITY OF PORT ORCHARD SHORT PLAT NO.S1114, AUDITOR'S FILE NOS. 2OOO1O13OO18 AND 200010130019 This Housing Covenant Agreement ("Covenant Agreement") is made by Kitsap County Consolidated Housing Authority ("Authority") and is part of the consideration for assistance provided by the City of Port Orchard ("City"), to Kitsap County Consolidated Housing Authority pursuant to the property described in Exhibit A (hereinafter referred to as "Property") to this Covenant Agreement. This assistance, provided through City of Port Orchard Resolution No. 1856, dated April 12, 1999, designated the site as atarget area for the development of affordable housing to serve families and individuals with incomes at 80o/o or less of the Area Median Gross Income and increased the density to allow for construction of a 42-unit building. This Covenant Agreement will be filed and recorded in the official public land records of Kitsap County, Washington and shall constitute a restriction upon the use of the property described herein, subject to and in accordance with the terms of this Covenant Agreement, for 50 years following the Authoritys' acquisition of the Property. l. The residential units to be constructed on the Property will be rented to seniors, aged 55 or older. 2, The Authority will provide safe, decent and sanitary housing, and will comply with all State and local housing codes, licensing requirements, and other requirements regarding the condition of the structure and the operation of the project in the jurisdiction in which the housing is located. 3. DEFAULT: If a violation of any of the foregoing covenant occurs, the City may, after thirty days notice to the Authority, institute and prosecute any proceeding at law or equity to abate, default the loan, prevent or enjoin any such violation or to compel specific performance by the Authority of its obligations hereunder; provided that, the Authority shall not be required PRCIFIC N}I TITLE 2A@1A629OTAL Covenants Rec Fee: $ 35.00 66j1ts-iiaat'11, gi -Ar"r- ase: 2 of 4 Xiren ftYnn, KitsaP Co Auditor iiiiriiiirrlr[[rtlriilliifiiliilltililil lilrilil iilil ililllriil rilltllllllllllllllllll by any provision herein to evict a residential tenant. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage, or waive the right of any party entitled to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. IN WITNESS FIEREOF, Kitsap Covenant Agreement on the Consolidated Ho Authority has executed thist' dayof 2007 on County2q WITNESS: Kitsap County Consolidated Housing Authority BY srATE OF WASHTNGTON ) ) ss. COTINTY OF Kitsap I certify that I know or have satisfactory evidence that drv\a'v\S . rt'l"b eared before me and said person acknowledge this ) l+. person who app stated that b!?<,to4or ($he-was authorized to execute the instrument and acknowledged it as the Kitsap Count y Consolidated Housing Authority, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED on this 2007 By u( of Name NOTARY PUB IC in and the State of Washington, residing at Sae<Uzk My commission expires -2- -2- ->-rcJ )E uilff''ffiil;,iffiffi,;r 3 of 4 EXHIBIT A DESCzuPTION LOT A OF CITY OF PORT ORCHARD SHORT PLAT NO. S-I114 RECORDED I-]NDER AUDITOR'S FILE NOS, 2OOO1O13OO18 AND 2OOOIOl3OOI9, BEING A PORTION OF LOTS 17 THROUGH 30, INCLUSIVE, BLOCK 8 TOM CLINE'S ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 29IN KITSAP COUNTY, WASHINGTON, AND OF A PORTION OF THE SOUTI-IEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PRCIFIC NI.I I ITI-E Covenants Ree Fee: $ 35 00 2.O0J7A6290101 06129120A7 10:31 Al'1 page 4 of 4Karen Flynn, Kitsap Co Auditor i lIlilil lil iliili tiil titiii ilil Iititrt iillil iili itil |lti tliltit iti iltit tlilt ilfi iiti iill