HomeMy WebLinkAboutLegal Miscellaneous 1979-1-1
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COOPERATION AGREEMENT
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This Agreement entered into this day of , 19 79 . by
and between the Lane County Housing Authority and Urban Renewar-Agency,
hereinafter called the "Local Authority" andthe City of Springfield ,
hereinafter called the "Municipality", witnesseth: ,
In consideration of the mutual covenants hereinafter set forth, the
parties hereto do agree as follows;
1. \4henever used in this Agreement:
(al The term "Project" shall mean any low-rent housing hereafter
deve loped or acqui red by the Local Authority with fi nanci a 1 '
assistance of the United State~ of America acting through the
Secretary of Housing and Urban Development (herein called the
"l>overnment"); excluding, however, al'\Y low-rent housing project
covered by any contract for loans and annual contributions entered
into between the Local Authority and the Government, or its pre-'
decessor agencies, prior to the date of this Agreement.
(b) The term "Taxing Body" shall mean the State or any political
subdivision or taxing,unit thereof in which a Project is situat~d
and which would have authority to assess or levy real or personal
property taxes or to certify such taxes to a taxing body or public
officer to be levied .for its use and benefit with respect to a
Project if it were not exenipt from taxati on.
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(c) The term "Shelter Rent" shall mean the total of all charges
to all tenants of a Project for dwelling rents and nondwelling rents
(excluding all other income of such Project), less the cost to the
Local Authority of all dwelling and nondwelling utilities.
~, 2. The Local Authority shall endeavor:
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, (al to secure a contract or contracts with the l>overnment for loans
and annual contributions covering one or more Projects comprising
approximately ~ units of low-rent housing and;
(bl to develop or acquire and administer such Project or Projects.
each of which shall be located within the corporate limits of the
Municipality. The obligations of the parties hereto shall apply to
e'[;asuch Project.
3. (al Under the constitution and statutes of the State of Oregon,
a ,1 Projects are exempt from all real and personal property taxes and
special assessments levied or imposed by any Ta~ing Body. With
respect to any Project, so long as either (il such Project is owned
by a public boqy or governmental agency and is used for low-rent
housing purposes, or (ii) any contract between the Local Authority and
the Government for loans or annual contributions,. or both. in con-
nection with such Project remain unpaid. \~hichever period is the'
longest. the Municipality agrees that it will not levy or impose
any real or personal property taxes or special assessments upon such
Project or upon the LoeB 1 Authori ty with respect thereto. Ouri ng
such period, the Local Authority shall ma~e annual payments (herein
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cal1ed "PaYments in Lieu of Taxes"l in lieu of such taxes and special
assessments and in payment for the Public services and facilities
furnished from time to time without other cost or charge for or with
respect to such Project.
(b) Each such annual Payment in Lieu of Taxes shall be made after
the end of the fiscal year established for such project, and shall be
in an amount equal to either (il ten percent (lO%l of the Shelter
Rent actually collected but in no event to exceed ten percent (10%)
of the Shelter Rent charged by the Local Authority in respect to
such Project during the 12 months period ending June 30th before
such payment is made or (i i) the amount permi tted to be pa i d by
~pplicable state law in effect on the date such payment is made,
whichever amount is the lower.
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(cl The Lane County Assessor shall distribute the Payments in Lieu
of Taxes among the Ta~ing Bodies in the proportion which the real
property taxes which would have been paid to each Taxing Body for
such year if the Project were not exempt from taxation; Provided,
however, that no payment for any year shall be made to any TaXing
Body in excess of the amount of the real property taxes which would
have been paid to such Taxing Body for such year if the Project were
not exempt from taxation.
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(dl 'Upon fail u re of the Local Authority to I make ~ny Payment in
Lieu of Taxes; no lien against any ,Project or"assets elf the Local
Authority shall attach. nor shall any interest or penalties ,accrue
or attach on' account thereof.
4, During the period conmencing with ~he date of the acquisition
of any part of the site or sites of any Project and continuing so long as
either (il such Project is owned by a public body or governmental agency
and is used for low-rent housing purposes, or (ii) any contract between
the Local Authority and the Government for loans or annual contributions,
or both. in cOnnection with such Project remains in force and effect, or
(iiil any bonds issued in connection with such Project or any monies due
to the Government in connection with such Project remuin unpaid, whichever
period is the longest, the Municipality without cost or charge to the
Loca 1 Authori ty or the tenants of such Project (other ,than the Payments in
Lieu of Taxes) shall:
(al Furnish or cause to be furnished to the Local Authority and the
tenants of such Project public services and facilities of the same
character and to the same extent as are furnished from time to time
without cost or charge to other dwellings and inhabitants in the
Municipality;
(b) Vacate such streets, roads. and alleys within the area of such
Project as may'be necessary in the development thereof, and convey
without charge to the Local Authority such interest as the Munici-
pality may have in such vacated areas; and. in so far as it is law-
fully able to do so without cost or expense to the Local Authority or
to the Municipality, cause to be removed from such vacated areas. in
so ,far as it may be necessary, al1 public Or private utility lines
and equi pment j
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(cl In so far as the Municipality may lawfully do so, (i) grant
such deviations from the building code of the Municipality as, are
reasonable and necessary to promote economY and efficiency in the
development and administration of such Project, and at the same
time safeguard health and safety, and (i;l make such changes in any
zoning of the site ~nd surrounding territory of such Project as are
reasonable and necessary for the development and protection of such
Proje(;t and the surroundi ng terri tory;
(dl Accept grants of easements necessary for the development of
such Project; and
(e) Cooperate with the local Authority br such other lawful
action or ways as the Municipality and the Local Authority may find
necessary in connection with the development and administration of
su~h Project. '
5. In respect to any Project the Municipality further agrees that
within' a reasonable 'time, after receipt of a written request therefor
from the local Authority: '
(al It will accept the dedication of an interior streets,
roads. alleys, and adjacent sidewalks within the area of SUCh
Project, together with all storm and sanitary se~er mains in such
dedicated areas, after the local Authority, at its own expense,
has 'completed the grading, improvement, paving, and installation
thereof in accordance with specifications acceptable to the Munici-
pal i ty;
(b) It will accept necessary dedicat.ions of land for, and \~il1
grade, improve, pave, and provide sidewalks for, all streets
bounding such Project or necessary to provide adequate access ther~to,
(in consideration whereof,the Local, Authority shall pay to.,the '",'
Municipality such amount as would be assessed against'tne 'Pi-oject" site
for such work if such site were privately owned); and,...-'
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(cl It will provide, or cause to be provided, water mains, and
storm and sanitary ,sewer mains, leading to such Project anclservjng
the bounding streets thereof (in 'consideration wnereof the,Loca~1
Authbr~tysha1.1 pay to the Municipality 's:uch, 'amO:lJD!::,~;S':~9;urWb:e'(
,assessed against the Project site for such, wo'rk" if such:,site',l'{ere0
'.' 'pri vately ownedl. ' ,,,., -....-,- .~. '.- '.'
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6. if by reason of the Municipality's fai,lure or refusal to furnish
or cause to be furnished any public services, or facilities which it has
\ agreed,hereunder to furnish or to caus~ to b~,tur~~shed to;-:;~,~e,~c;:~,J,:~1'
\, " Author:l ty ,or: to__the . tenants of ~ny p.roJect.~ !h~';:to.c[J,'AU;t~oq,~'y:.:I nc, -.
.,:c., _,:."..a~y' !!,~e,e_ns~'IS,~, op,taJ.n,.such ,se,r.vu:e~, ,?Lfa9Jlh~,l ,s,,:,tlie,n,) e,: " "
-'-,_~:1 :Aqtno~l tY'l a, 'i:leauc.b th~' ~lnt'Of~uch~ ' ..' ~n, s e,~,"
cf~~i. .,., ,.1... ~.....~,~, ~. 1l'_#i ..'IOl" u-
,'....cif,,'!a e's ,"'.. .::' o:'peco~.', "to:,!. e"Mun 'pa' i y n,,\..~, 'N- t!"IH~, e t
,Of an.'(ot e..tlI.QH::..teot ;,hPUSl ng ,pr.QJ'gc;:I:S ..owned or operatetLby..,;,th\=! ,~toca l'
:":~Autho'ri ty'.
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/...~~' :~. ~vw -7 ~~' "~o coo_ati on Agreement heretofore ent!d ; nto between the
Municipality and the Local Authority shall be construed to apply to any
Project covered by this Agreement.
8. No member of the governing body of the t~unicipality or any other
public official of the Municipality who exercises any responsibilities or
functions \~ith respect to any Project during his tenure or for one year
thereafter shall have any interest, direct or indirect, in any Project or
any property included or planned to be included in any project, or any
contracts in connection with such Projects or property. .If any such govern-
ing body member or such other public official of the Municipality involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest.
he shall ill'l11ediately disclose such interest to the Local Authority.
9. So lons as any COil tract be tween the Loca 1 Authority and the Go vern-
ment for loans (including preliminary loans) or annual contributions. or both,
in connection with any Project remains in force and effect, or so long as any
bonds issued in connection with any Project or any monies due to the Government
in connection with any Project remain unpaid, this Agreement shall not be
abrogated, changed, or modified without the consent of the Government. 'The
priviliges and oblig~tions of the MuniCipality herellnder shall remain in full
force and effect with respect to each Project so long as the beneficial title
to such Project is held by the Local Authority or by any other public body or
governmental agency, including the Government, authorized by law to engage in
the development or administration of low-rent ,housing projects. If at any time
the beneficial title to, or possession of, any Project is held by such other
public body or governmental agency, including the PHA, the provisions hereof
shall inure to the benefit of and may be enforced by, such other PUblic body
or governmental agency. incl\Jding the PHA. '
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IN 141TNESS I4HEREDF the Municipality and the Local Authority have res-
pectively signed this Agreement and caused their seals' to be affixed and
attested as of the day and year first above written.
" (Seal)
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Clr't' 0': ['~IhQt:R~
(C~~te Name of Mun~ality)
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Attest: /f _
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Uo' tlpitlel ~H?r= IJ~~,
Housing Authority and Urban Renewal
Aoencv of Lane Countv
\corpJrate Name of Local Authority)
Ily 1I(J~d",,-~~A .-
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Attest;~Jn ~ ~ ~
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