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HomeMy WebLinkAboutLegal Miscellaneous 1979-1-1 . ----r~O..L='.c..t:Ju~ , '- u....,...n-u. . . . I 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" 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. Whenever used in this Agreement: (a) 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 "liovernment"); 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 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 liere no't exenipt from taxati on. ,~ (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: ", ., (a) to secure a contract or contracts with the Government for loans 'and annual contl'ibutions covering one or more Projects comprising approximately ]i.. 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 Municipality. The obligations 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 TaJ(ing Body. With respect to any Project, so long as either (i) 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 wit~ such Project remain unpaid, whichever 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 "... l...&.J, .l.-'.'-l'.)~"" //'; ..- , ., called "paYI1l!s in Lieu of Talies") in lieu O~Ch taxes and special assessments and in payment for the Public services and facilities furn; shed from time to time wi thout other cost or charge 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 fiscal year established for such project, and shall be in an amount equal to either (i) ten percent (10%) of the Shelter Rent actually collected but in no event to eliceed ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such Project Quring the 12 months perioQ ending June 30th before such payment is made or (ii) the amount permitted to be paid by applicable 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:xi ng Bodi es in the proporti on whi ch 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. I , (d) Upon failure of the Local Authority to' make ~ny Payment in Lieu of Taxes; no lien against any Project or ,assets of the Local Authority shall attach, nor shall any interest'or penalties accrue or attach on'account thereof. I I I' I I , 4. Ouri ng the peri od commend ng wi th the date of the acqui 5i ti on of any part of the site or sites of any Project and continuing 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 cCnnection 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 period is the longest, the Municipality without cost or charge to the Local Authority 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 Muni ci pal i ty; (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; '- r~D..L='.c..t::.Jt::.J.:;I U....-'nll /'....: , . . . . r (c) In so far as the Municipality may lawful1y 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 (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project 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 act i on or ways as the Muni ci pa 1 ity and the Local Author; ty may fi nd 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, improvement, paving, and installation thereof in accordance with specifications acceptable to the Munici- pal ity; (b) It will accept necessary dedications of landfor; and will 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 shal1 pay to"the ," '..: Municipa1ity such amount as would be assessed against~t~e Project' site for such work if such site were privately o\'lrJed); an~,,'.,,' , ". (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project aT)~_.servjng the bounding streets thereof (in 'consideration wnereof the .locaJii' Authbr1 tysha 1,1 pay to the Murii ci pali I:y 's:uch ',a'Il\O:l!rt~::,~;s' :~'?:urW~e:-r.: assessed agai ns t the Project site for such work" if such: .si te',w~re ~ '...pr1vatelY 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 furnish or to caus~ to be, tur~~shed t.oJibe,.J:9.c;:~,l.,:-:PJ' ,,\ , Author1ty o!':tonthe tenants of any ~roJect" the';J::o,cal. 'AU):hop,W:.:Inc ,'-. """ ',.~..any' exp,e.nse to ob,ta.i.rJ,,,such,ser.vi.l=e~,,o.r fa,c-il-iht' ,s,"ttje,n t e.; '. .' -~'"'=~""~:Ai:l,t((o'f'itY.ltM"~","Cle.duc,bth~" ~'. t'Of~' ucii~' '. -., ''', ..'~. \ {n s' l.e~' "J(~i. .'" "I..,' ""~~,t',... . 1p~ .f'!'I" I . ''':,oJ",!a e's . ,'.. .::,o:'pecorne:, e ,to':,t e"Mun' pa' i y n",. ,,?, 'N" ".\l'!~1):I , :3e t ,or anX,ot e.J:].Q.kC.teot :,hPUSl I.'\g .pr.9.J'g~1:S ,Jlwned or operateiLby...;,thfi! '.l_oca l' -' :":~Autho.ti ty'. ._-~... /:~~,.~.~vw -7~~"~0 'coolation' Agreement heretofore ent!d into between the , Municipality and the Local Authority shall be construed to Jpply to Jny Project covered by this Agreement. B. No member of the governing body of the Municipality 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 immediately disclose such interest to the Local Authority, 9. So long as any contract between the Loca 1 Authority and the Govern- 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 GOI'ernlOent in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. 'The privi1iges 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~neficia1 title to. or possession of, any Project is held by such other public body or governmental agency, including the PHA, the provisions hereof sha II inure to the penefit of and may be enforced by, such other pub Ii c body or governmental agency, including the PHA. ' J IN WITMESS WHEREOF the"Municipality and the Lpcal 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) ,.A-~ .'j , ... '! ) Clrr of!' s;'''~AJt:R~ (C~~te Name of Munici aiity) By ~,/%~ I " (Ty,e) ~ " ./ Attest: ~~"~ Opitl~) ~n>oc.e. iJ~~, .- Housing Authority and Urban Renewal Aoencv of Lane Countv \~~:ame of Local Authority) By (~~ ", . ,""