CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the transfer of City property located at 500 30th Avenue South, Seattle, Washington; authorizing the conveyance of the property to the Central Area Senior Center, a Washington non-profit corporation, consistent with the intent of Resolution 31856 and to provide for the continued delivery of social services; making findings of fact about the consideration for the transfer; superseding Resolution 31837 for the purposes of this ordinance; and authorizing the Director of Finance and Administrative Services or designee to execute and deliver documents necessary to carry out the conveyance of such property on the terms and conditions of this ordinance.
body
WHEREAS, in 1975, The City of Seattle (“City”) purchased Sunrise House/Newhaven (formerly Sunrise House, Inc.), an existing building on an approximately 57,600-square-foot site located at 500 30th Avenue South (commonly known as “Central Area Senior Center”), for use as a neighborhood senior center; and
WHEREAS, in 1983 the City entered into a long-term, mutual and offsetting benefit lease (“Central Area Senior Center MOB Lease”) with Senior Services and Centers, Inc., a non-profit corporation, and pursuant to which the tenant paid de minimis cash rent in exchange for the promise to use the Central Area Senior Center to deliver senior services, and which then converted to a month-to-month lease; and
WHEREAS, sometime after 1983, Central Area Senior Center, Inc. (CASC), a newly formed Washington non-profit corporation, took over management of the property from Senior Services and Centers, Inc., with CASC acquiring all of the tenancy right, title, and interest in the Central Area Senior Center MOB Lease; and
WHEREAS, in 2019, CASC ended a long-standing management agreement with Sound Generations to provide contracted social service programs at its property, and CASC continues in possession of the property, out of which it delivers social services; and
WHEREAS, as a month-to-month tenant, CASC uses and occupies the property in exchange for mutual and offsetting benefits in the form of social services to residents of the Central Area, including senior programs, food assistance, group meals, social activities, and celebrations; and
WHEREAS, in Resolution 31856, City Council stated its intention to collaborate with the Executive with the goal of transferring certain properties to non-profit organizations, including CASC, in exchange for commitments to provide services to the community; and
WHEREAS, a portion of the funding for the City’s acquisition of the Central Area Senior Center was provided by Washington State Social and Health Services Facilities 1972 bonds (“1972 Bonds”); and
WHEREAS, RCW 43.83.410 permits public bodies to transfer property and facilities acquired and constructed with the 1972 Bonds to non-profit agencies in exchange for the promise to continuously operate services benefitting the public on the site without further consideration; and
WHEREAS, pursuant to that certain 2019 Memorandum of Agreement Implementing Criteria for Initiating Transfer of Mutually Offsetting Facilities to Tenants, by and amongst six City of Seattle departments and offices (the Department of Finance and Administrative Services, the Office of Planning and Community Development, the Department of Neighborhoods, the Office of Economic Development, the Office of Housing, and the Human Services Department), an interdepartmental team within the City has determined that the proposed new property owner, CASC, in all material respects meets the transfer criteria established by the City for transferring property to tenants who have been operating properties under mutually and offsetting benefit lease agreements; and
WHEREAS, FAS and CASC have entered into an agreement regarding the consideration, terms, and conditions for the City’s conveyance of Central Area Senior Center to CASC, subject to the City Council’s authorization; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. As used in this ordinance, the “Central Area Senior Center” means the real property and all easements, privileges, and appurtenant improvements on a site of approximately 57,600 square feet located at 500 30th Avenue South and legally described as follows:
Lots 1 through 4, inclusive, and Lots 11 through 14, inclusive, Block 21, Burke’s Second Addition to the City of Seattle, as recorded in volume 1 of Plats, page 248,
Records of King County, Washington,
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Section 2. The Director of Finance and Administrative Services (“Director”) or the Director’s designee is authorized to convey the Central Area Senior Center to Central Area Senior Center, Inc. (CASC), a Washington non-profit corporation, for consideration and on the terms and conditions described under the Agreement for the Transfer of Real Property by and between The City of Seattle and CASC (“CASC Transfer Agreement”), included as Attachment 1 to this ordinance. The Director is authorized to convey title by deed substantially in the form of the Quitclaim Deed Conveying Determinable Estate with Covenants that is Exhibit A to the CASC Transfer Agreement (“Deed”).
Section 3. The City Council finds that (i) the environmental and use covenants in the Deed, and (ii) the reversion of the property to the City if it is not used for the purposes required in the Deed, together form sufficient consideration for the transfer of the property to CASC consistent with the terms of RCW 43.83.410.
Section 4. The City Council finds that the property interests in 500 30th Avenue South that are authorized to be conveyed to CASC on the terms of this ordinance are consistent with municipal purposes, and therefore the surplus property procedures of Resolution 31837 are superseded for the purposes of this ordinance.
Section 5. The Director or the Director’s designee is authorized to negotiate, execute, deliver, and record, for and on behalf of the City, any and all documents and agreements necessary or advisable to carry out the conveyance of the Central Area Senior Center consistent with the terms and conditions of the CASC Transfer Agreement.
Section 6. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2020, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2020.
____________________________________
President ____________ of the City Council
Approved by me this ________ day of _________________________, 2020.
____________________________________
Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2020.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Attachment 1 - Agreement for the Transfer of Real Property
Exhibit A - Form of Deed