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HomeMy WebLinkAboutLegal Miscellaneous 1979-1-1 . --r~D.J.~.c..\:.J\:.J,;I u....,.......nll . . COOPERATION AGREEMENT .- 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" and the City of Springfield , hereinafter called the "Municipality", witnesseth: I n cons i derati on of the mutual covenants herei nafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter deve loped or acqui red by the Loca 1 Authority wi th fi nanci a 1 ' assistance of the United State~ of America acting through the Secretary of Housing and Urban Development (herein called the "~overnment"); excluding, however, anY 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 "Ta;.;ing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated 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 \iere no't exenipt from tax.ati on. '. (cl The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (ex.c1uding 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: '. ., (a) to secure a contract or contracts with the Government for loans and annual contl'ibutions covering one or more Projects comprising appro;.;imately Ji.. units of low-rent housing and; (b) to develop or acquire and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipal ity. The obI igations of the parties hereto shall apply to e'[:c such Project. 3, (a) 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 (i) 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 con- nection witn 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 Local Authority wi th respect thereto, During such period, the Local Authority shall make annual payments (herein /~ 1" r-~. 4J.r-""''''''...... /....., ..- . called IIpaYl11e! in Lieu of Taxes") in lieu Of~Ch taxes and special assessments and in payment for the Public services and facilities furni shed from ti me to ti me wi thout other cos t or cha rge for or wi th respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fi sca 1 yea r es tab 1 i shed for such project, and sha 11 be in an amount equal to either (i) ten percent (10%) 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 (ii) the amount permitted to be paid by ~pplicable state law in effect on the date such payment is made, whichever amount is the lower, , (c) 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 Taxlng 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. I (d) 'Upon fai 1 u re of the Local Authority to I make ~ny Payment in Lieu of Taxes; nO lien against any Project or)j.ssets pf the Local Authority shall attach, nor shall any interest or penalties accrue or attach on' account thereof, - 4; Duri n9 the peri ad con'l1lenci ng with ilhe date of the acqui si ti on of any part of the site or sites of any Project and'continuing so long as r.ither (i) 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 cDnnection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever pe ri ad is the longest, the Muni ci pa 1 ity wi thout cos t or charge to the Loca 1 Authori ty or the tenants of such Project (other ,than the Payments in Lieu of Taxes) shall: (a) 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, all public or private utility lines and equipment; '- rc...o. 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(c) 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 (iil 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 P~oject and the surroundi ng terri tory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Authority by 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. within' a from the In respect to any Project the Municipality further agrees that reasonable 'time. after receipt of a written request therefor Loca 1 Authori ty:. ' (al it will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of SUCh Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, . has completed the grading, improvenlent, paving, and installation thereof in accordance wi th specHi cati ons acceptabl e to the Muni ci - pal ity; (b) It will accept necessary dedications of land for, and \~ill grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto. (in consideration whereof.the Local. Authority shall pay to..t~e ." ',,.:' Municipality such amount as would be assessed against'tt1e 'Project site for such work if such site were priv?telY owned); and......' , . (c) It will provide, or cause to be provided, water mains, and storm and sani,tary sewer mains, leading to such P.roject aT]t!"..servjng the bounding streets thereof (in 'consideration whereof the .Loca~1 Authbr'i ~sha 1.1 pay to the Muni ci pali ty .s:uch. ',a'l11.o:~rtt..~;s' :~I?:ura ~ ~e' 'r.: .assessed against the Project site for suc~ wor~'. if such:,si:te'.I'!~re?i '.' 'pri vately owned). .,.. -....-.- .~. "-'.' .~ :' . , . . :' 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 furni sh or to cause to b~. furni shed t_oJb~~c::.aJ.~. I, . Authori ty or: tonthe tenants of any ~.roject" the'"';l:-o.ca1.';liUJ:h'ci'h~Y~ n'c' 'tp:'..J .,.... .'...~...any' exp.ense,J,o ob.taJn,..such,ser.vi.~e~,.or ,fac-ilJJ' ,s..tbe.n t. (Lo. .' -.,."=~.qut{(o'H tyr r~i:le"dl.lb the '.' t. of ~ii' <.' "." "...,.. x. , l",r . jJ'~~ .,~.(d:,ta.re!s~'O~~CO~'''~6'~~''M~ . pa' i y n,,\..~, 'N..l~p ~\~ ~Ject .., 01:' an~.?trti5I'.~~eD~ ;.h.pusl ng .pr9J'g~1:S ..owned or operatei:l..by...:.thli!.:,tocal; " . <Autho'f'1 ty'. ..._-..........--i.... /.~u..~.~~w -7~~"'~0 cootlation' Agreement heretofore ent!d into between the Municipality and the Local Authority shall be construed to apply to any . Project covered by this Agreement, B, No member of the govern i ng body of the t~un i ci pa 1 i ty 0 r any other public official of the Municipality who exercises any responsibilities or functions Hith 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 ilfll11ediately disclose such interest to the Local Authority, g, So lons as any con tract be tween the Loca I Authori ty 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 obligations of the Municipality hereunder 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 b~neficial 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 puplic body or governmental agency, including the PH^. ' J IN H lTtlESS HHEREOF the Mun ici pa I ity arid the Lpca 1 Authori ty have res- pectively signed this Agreement and' caused their seals to be affixed and attested as of the day and year first above written. " (Sea 1) ,A-~ ' . ,., ... '>, ) clrr o~ ~P~Qt:R"-O (c~~te Name of' Mun~ality) !ly ~.....%~ ':~_..N- (Trier'. I! I Attest: /'f _, ;}fJ..~{J ~ . U (J}Titl~) ~~.... ~~~ ", . . - (s..,). ~ Attes t;);. A . ~In _ ;';::--7 . ~"n ...'ti:::i;;4 II it Ie) Housing Authority and Urban Renewal Ao~ncv of Lane Countv (corp/rate Name of Local Authority) By II(J.-....!..d--~'A .- Cha;~~ ...