HomeMy WebLinkAbout26-077 - Contract - Low Income Housing Institute (LIHI) - Transfer Agreement: Church by the Side of the Road (CBSR) Tiny Home VillageCity of Tukwila Agreement Number: 26-077
Council Approval 3/23/26
6200 Southcenter Boulevard, Tukwila WA 98188
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TRANSFER AGREEMENT
Between the City of Tukwila and Low Income Housing Institute (LI HI)
This Agreement is entered into by and between the City of Tukwila, Washington, a non -
charter optional municipal code city ("City") and Low Income Housing Institute, a 501(c)3
organization ("LIHI"), whose principal office is located at 1253 S. Jackson St., Suite A, Seattle,
WA 98144.
WHEREAS, on November 2, 2015, King County Executive Dow Constantine issued a
Local Proclamation of Emergency declaring an emergency regarding the growing homelessness
numbers and overall need for housing within King County; and
WHEREAS, in 2024, the City experienced a significant influx of unhoused asylum
seekers, which strained local services, including area shelters for the unhoused; and
WHEREAS, King County awarded the City $2 million in funding through the "South Ding
County Homelessness Fund" to expand shelter for the unhoused in south King.County; and
WHEREAS, the Church by the Side of the Road ("CBSR"), located in the City of Tukwila,
has expressed a desire to site a tiny home village on its property at 14820 Military Road South;
and
WHEREAS, on September 22, 2025, the City and LIHI executed an Award of Grant Funds
Agreement, Contract No. 25-272 ("Grant Agreement"), under which the City awarded a portion
of the grant funds to LIHI for the development of a tiny home village at the CBSR property; and
WHEREAS, pursuant to Exhibit C of the Grant Agreement, the City is to provide LIHI with
the following grant -funded facilities: thirty (30) tiny houses, three (3) staff offices, and one (1)
hygiene trailer, ownership of which remains with the City until formally transferred to LIHI via a
separate agreement; and
WHEREAS, the City desires to transfer ownership of the tiny houses, staff offices,• and
hygiene trailer, subject to the terms and conditions included in this Agreement.
NOW, THEREFORE, the City and LIHI agree as follows:
1. Transfer of City Furnished Materials. The City transfers and conveys title and/or
ownership of thirty (30) tiny houses, three (3) staff offices, and one (1) hygiene trailer ("City
Furnished Materials") to LIHI, as set forth in Exhibit C of the Grant Agreement. The City Furnished
Materials are described in Exhibit A to this Agreement. The City agrees to execute any necessary
title documents to convey and transfer the City Furnished Materials to LIHI.
2. Consideration -- Use of Materials. LIHI agrees to use all City Furnished Materials to
establish the tiny home village on the CBSR property located at 14820 Military Road South, Tukwila,
Washington 98168, as set forth in the Grant Agreement. The City Furnished Materialsshall be used
For this purpose for at least five (5) years, provided that LIHI may move the City Furnished Materials
during the five-year period upon. receipt of written permission from the City, which shall not be
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City of Tukwila Agreement Number:
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6200 Southcenter Boulevard, Tukwila WA 98988
unreasonably withheld. LIHI shall not remove, nor allow removal of, the City Furnished Materials
from the City of Tukwila without the prior written consent of the City.
3. Acceptance of Materials "As Is." LIHI acknowledges and agrees that the City is
transferring ownership of the City Furnished Materials on an "as is, where is" basis,. without any
representations, warranties, or guarantees, either express or implied, by the City: -The City makes
no warranty as to the fitness, condition, suitability, or usability of the City Furnished Materials, and
LIHI agrees to assume all responsibility for any repairs, improvements, or modifications required
following the transfer. The City shall not be liable for any claims, damages, or losses arising from
the condition of the City Furnished Materials after the transfer of ownership.
4. Indemnification. LIHI shall indemnify, defend and hold the City, its officers, agents,
4ti :,l employees, harmless from any and all claims, damages, losses, liabilities, costs, and expenses
itising from LIHI's use of the City Furnished Materials as provided in this Agreement, and shall
i�,rther indemnify, defend and hold the City, its officers, agents, and employees harmless from and
r-tgainst any and all claims, damages, losses, liabilities, costs, and expenses arising from any breach
or default in the performance of any obligation on LIHI's part to be performed under the provisions
of this Agreement or arising from any act, error, or omission of LIHI or any of its agents, contractors,
employees or invitees in exercising the rights granted by this Agreement, and from any and all costs,,
attorneys' fees, expenses and liabilities incurred by the City in the defense of any such claim or any
action or proceeding brought thereon. The indemnity obligations of this subsection shall survive
expiration or termination of this Agreement.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24. 115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the LIHI and the City, its officers,
officials, employees, and volunteers, LIHI's liability hereunder shall be onlyto the extent of the LIHI's
negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the LIHI's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
5. No Third -Party Rights. No third -party beneficiaries or rights are intended or created by
this Agreement.
6. Governing Law & Venue. This Agreement shall be governed by the laws of the State
of Washington. Venue of any action regarding this Agreement shall be in King County Superior
Court.
i. Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or agreements, either
written or oral.
Signatures on following page
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Dated this 2611 day of March ,2026,
CITY OF TUKWILA
FZKA&S
ed by:
k6W
BM , -Thomas McLeod, Mayor
ATTESTIALITHENTICATED:
e—Signed by:
Ahdy Youn-Barnett, City Clerk
. J
APPROVED AS TO FORM:
Signed by:
1--bE4Y
Office 017he Vily'Attbfney
LOW INCOME HOUSING I STITUTE:
By:
Printed
. . ............
Title:
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4904-26595-6678, V. 'I
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Q City of Tukwila
•x;y
6200 Southcenter Boulevard, Tukwila WA 98188
EXHIBIT A
City Furnished Materials
• (30) tiny houses
A (3) staff offices.
• (1) hygiene trailer (VIN 4M9BBGH21SC102177)
s
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