PED 2020-11-16 Item 1D - Briefing - 2021 Tourism Promotion Area Interlocal Agreement

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Legislative Authority to consider the proposed action; provided, the public hearing shall be at least 15 days prior to consideration of the proposed action. (b) Additionally, upon receipt of a petition indicating a desire to revise the boundaries or disestablish the Seattle Southside TPA, with the signatures of the persons who Operate Lodging Businesses in the Seattle Southside TPA who pay 50% or more of the total Special Assessments, the Legislative Authority shall adopt a resolution of intention to revise the boundaries or disestablish the Seattle Southside TPA, and shall state the time and place of a public hearing to be held. by the Legislative Authority to consider the proposed action; provided, the public hearing shall be at least 15 days prior to consideration of the proposed action. (c) After conducting the public hearing to take public comment on the Proposed action as required under Section 9(a) or (b), the Legislative Authority may, by ordinance, revise the boundaries or disestablish the Seattle Southside TPA. Notwithstanding the: foregoing, if at a. hearing held pursuant to Section 9 a) or (b) a petition objecting to the boundary revision or disestablishment is presented, with the signatures of the persons who Operate Lodging Businesses in the Seattle Southside TPA who pay 50% or more of the total Special Assessments, the Seattle Southside TPA shall not be altered or disestablisbed. If such petition Objecting to the boundary revision or disestablishment is not presented at the hearing, the Legislative Authority shall proceed to revise the boundaries or disestablish the Seattle Soutbside TPA. (d) Notwithstanding anything to the contrary in this Agreement, in no case shall the Parties hereto be obligated to satisfy the outstanding obligations of the Seattle Southside TPA or the S'SRTA from Such Party's moneys, funds, or other sources of revenue unless it otherwise agrees to in writing. Section 10. Miscellaneous Provisions. (a) Waiver. No officer, employee, or agent of Sea'Fac, Tukwila or Des Moines has the power, right, or authority to waive any of the conditions or provisions of this Agreement, No waiver of any breach of this Agreement by SeaTac, Tukwila or Des Moines shall be held to be a waiver of any other or subsequent breach. Failure of ScaTac, Tukwila or Des Moines to enforce any ny of the provisions of this Agreement or to require performance of any of the provisions herein, shall in DO way be construed to be a waiver of such conditions, nor, in any way effect the validity of this Agreement or any part hereof, or the light of SeaTac, Tukwila or Des Moines to hereafter enforce each and every such provision. (b) Records. All records Prepared, owned, used or retained by SSR.TA in conjunction with operating or administering the activities and programs of the Seattle Southside TPA as provided for under the terms of this Agreement shall be made available by the SSRTA upon request to SeaTa.c, Tukwila, or Des Moines. (c) Properl.Y a nd.1.-,,q ttipmenf, The SSRTA shall be the owner of all property and equipment purchased in furtherance of this Agreernent from Special Assessment revenue., Provided, however, in the event of the termination of the Operating Agreement with the SSRTA, the SSRTA shall agree to make the property and/or equil,'.)rnent available to the successor. 123