HomeMy WebLinkAboutYakima Valley Partners Habitat for Humanity - Agreement between COY and Yakima Valley Partners Habitat for Humanity for the Home Investment Partneships Program (CFDA #14.218), a grant awarded to Habitat by the City of Yakima Office of Neighborhood DeveAGREEMENT MODIFICATION, STIPULATED ACCORD AND SATISFACTION,
AND RELEASE OF CLAIMS
This Agreement Modification and Stipulated Accord and Satisfaction and Release of
Claims ("Agreement") is entered into by and between Yakima Valley Partners Habitat
for Humanity ("Habitat") and The City of Yakima ("City") on this 25th day of August,
2025.
This Agreement pertains to the HOME Investment Partnerships Program (CFDA
#14.218), specifically a $150,000 grant awarded to Habitat by the City of Yakima
Office of Neighborhood Development Services (ON DS) under Contract #14.218.
RECITALS
WHEREAS, Habitat and the City entered into Contract #14.218 for the construction of
four (4) single-family residential housing units located on North 2nd Street in Yakima,
Washington, between 2015 and 2016, with ongoing affordability obligations
extending 10-years from the originally occupancy of each home; and
WHEREAS, the contract required all four homes to remain affordable in accordance
with the terms set forth therein; and
WHEREAS, the original homeowner of the property located at 1011 N 2nd. Street has
requested permission to sell the home at fair market value to a buyer who does not
meet the affordability requirements; and
WHEREAS, the City has agreed to permit the sale of the home under the recapture
provision, whereby $37,500 in grant funds will be returned to th,e City at the time of
sale; and
WHEREAS, the City recognizes and appreciates Habitat's ongoing contributions to the
community and its commitment to affordable housing; and.
WHEREAS, both parties desire to resolve any potential claims or disputes regarding
ongoing obligations under the contract in a mutually agreeable manner;
NOW, THEREFORE, the parties agree as follows:
.T E R M S
1. Release of Claims by the City
The City agrees to release Habitat from any claims of breach or non-compliance with
the affordability requirements for the home at 1011 N 2nd Street and under Contract
#14.218 and related grant obligations.
2. Release of Claims by Habitat
Habitat agrees to release any and all claims to the recapture funds associated with
the sale of 1011 N 2nd Street under Contract #14.218.
3. Mutual Settlement
The parties acknowledge and agree that this Agreement constitutes a negotiated
settlement and is intended to serve as a full and final resolution of any and all
claims, obligations, or liabilities arising from or related to the ongoing obligations
for the home at 1011 N 2nd Street and under Contract #14.218.
4. Use of Recapture Funds
The parties agree that any recapture funds received by the City for the home at 1011
N 2nd Street shall remain with the City and be used exclusively for future single-
family housing projects that serve low-income, first-time homebuyers within the
City of Yakima.
5. Legal Release
This Agreement shall serve as a full legal release of any and all monetary claims or
liabilities alleged to be owed by either party under the terms of Contract #14.218
for the home at 1011 N 2nd Street.
6. Covenant Not to Sue
Both parties agree not to pursue any litigation, administrative action, or other
contractual remedies against one another with respect to any alleged non-
performance or breach of the agreements referenced herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
Clarification: While the original contract under HOME CFDA Contract #14.218 covers four
(4) homes, this Agreement pertains solely to the property located at 1011 N 2nd Street. The
obligations and affordability requirements related to the remaining three (3) homes under
the original contract remain unaffected and in full force.
CITY OF YAKIMA
Victoria Baker, City Manager
YAKIMA VALLEY PARTNERS HABITAT FOR HUMANITY
Meloney Rosen, executive Director
ATTEST:
Rd.linda Ibarra, City Clerk
City contract Na