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Home My WebLink AboutPermit Correspondence 9-1-1 .;., --:.... ~o. .L ~. ~t::Jt::J~ ___ '." a a . . '- U. -,-..nll ~l " 1)0~ ell. ~71 -:15c: <;,\- COOPERATION AGREEMENT " ......; This Agreement entered into this day of , 19 79 ,. by and between the Lane County Housi ng Authority and Urban Renewal Agency. hereinafter called the Illocal Authority" and the City of Springfield J hereinafter called the "MunicipalityH, 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 "ProjectU shall Olean any low-rent housing hereafter developed or acquired by the Local Authority "'lith financial' . assi stance of the Uni ted state~' of Am~ri ca acti ng through the' . Secretary, of Housing and Urban Development (herein called the "Governmentll); excluding, however. al\Y low-rent housing project covered by any contract for loans and annual contributions entered . into between the Lqcal Authority and the Government, or ; ts pre-' decessor. agencies, prior to the date of this Agreement. (b) The term tlTax;ng BodyJl shall mean tile 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 terti fy such' taxes to a ta;d ng body or publ i c officer to be levied ,for its use and benefit with respect to a ' Project ; fit \'I'ere not exenipt from taxati on. (c) The term "Shelter Rentll sha11 , mean the total of all charges to all tenants ofa Project for dwelling rents and nondwelling rents, (excluding all other income of such Project) ,less the cost to the Local Authority of all dwellins and nondwel,ling utilities. '~.' 2. The Local. Author; ty shall endeavor: '. ; (a). to secure a contract or contracts with the Government for loans 'and annual contributions covering one or more ~rojects comprising approximately 35 units of low-rent housing and; - (b) to develop or acquire and administer such Project or Projects, each of which shall be 10cated within the corporate limits of the ,Municipality. The obligations of the parties hereto shall apply to er;aSUCh Project.. ' 3.. (a)" Under the constitutibn and ~tatutes 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 Taxing Body. With respect to any Project . so long as ei ther (i) such Project ; s owned - by a public boqy or governmental agency and ;s used for low-rent hous i ng purposes J or (1;) any contract bet\>/ccn thr: Local Authority and the Gave rnment fa r loans or annual c:ontri buti ons, 0 r both, in con- nection with 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 with respect thereto. During "such period. the Local Authority shall make annua1 payments (herein ,. ., ;;J-J. _J.. ...I . '-~~-' /;" . .11 ~:.. " caned I\PaYJl1en\.~ 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 wi thout 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 forsl.lch project. and shall be in an amount equa' 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 Quri n9 the 12months peri od endi n9 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) Th~ Lane County Assessor shall distribute the Payments in Lieu of Taxes among the Ta~;ng Bodies in the proportion which the real proJerty taxes which would have been. paid to each Taxing Body for SUC1 year if the Project were not exempt from taxation; Provided, however, that no payment fo,r any year shall be made to anY Taxing . Body in excess of the amount of the real property taxes which wauld have been pai d to such Taxi ng Body for such year; f the Project were not exempt from taxation. . . " ' r (d) Upon failure of the Local Authority to' make ~ny Payment in Lieu of Taxes ~ noli en against any ,Project or.,q.ssets - 9f the Local Authority shall attach$ nor shall any interest or pena'lties ,accrue or attach on' account thereof. '4, Duri ng the peri od commend ng wi th i;l1e date of the acqui si ti on of any part of the site or sites of any Project and continu;ngso long as either (1) such Project is owned by a public body or governmental agency and is used for low-rent housing putposes, or (ii) any contract between the Local Authority and the Government f~r loans or annual contributions, or both, in cbnnection with Such Project remains in force and effect, or (iii) any bonds issued in connection with such Projec~ or any monies due to '-fhe -Government in connect; on wi th such Project remD.i n unpa; d. whi chever . period is the longest, the Municipality without cost or charge to the loca' Author; ty or the tenants of such Project (other ,than the Payments in Lieu of Taxes) shall: (a) Furni sh or cause to be furn; shed 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 Mu n i ci pal i ty ; . (b) Vacate such streets, roads, ~nd alleys within the area of such Project as may' benecessa ry in the de vel opmelit 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 e~pense to the Local Authority or to the Municipality, cause to be removed from such vacated areas. in 50 .far as it may be necessary, all public Or private utility 1ines and equipment; ,. r c....o I J. =' . c.t:J~..:J ~. """-.lMI I . ~" ~.: /~,' . - (cl. In so far as the Municip'ality may lawfully do so. (i) grant such deviations from the bunding code of the Municipality as_ are reasonab,l e and necessary to promote economy and eff; c1 eocyi n the development and administration of such Project. and at the same time safeguard health ano safety, and (ii) make such changes in any zoning of the site land surrounding territory of such Project as are reasonable and necessary for the developrnent and protecti on of such P~oject and the surroundi ng terr; torYi (d) Accept grants of easements necessary for the development of such Project; and . (e) Cooperate with the Local Authority by suchotner lawful action o,r ways as the Municipality and the Local .Authority may find necessary in connection with the development and administration of su~h Project. -' . , 5. Inres,_ect to any Project the Municipality further agrees that within' a reasona,le'time.after receipt of a written request therefor from the Loc:a 1 Author; ty ~ ' (a) it will accept the dedication of an interior streets, roads. alleys, and adjacent sidewalks within the area of such Project. together wi thal' storm and san; tary sewer mal ns ; n such dedicated areas, after the Local Authority, at its own expense, has completed the grad~ng. improvement. paving, and instal1ation thereof in accordance with specifications acceptable to the Munici- pa,l ity; {bY (f will accept netess'ary,.'dedications of land 'for, and \'1i11 grade. improve, pave, and provide sidewalks for, all streets . bound; ng such Project or necessary to provi de adequate access ther~to, (in consideration whereof.the Local. Authority shall pay to..t~e ." '...:" MUriicipaJitysuth amount as would be assessed jlgainst..th'e 'PrOject. site for such work if such site were pr;v~telY OWfled); an~..'.:.' I 0'. te) It wil' provide, or cause to be provided, water mains,and storm and sanitary sewer mains, leading to such Project af!9...servjng the boundi ngstreets thereof (in' co.lis5 de rat; on. wnereof th~ :.Lo~a~1 Authbr1ty'shall pay to the Municipality "s:uch. ',amo:~D['.~;s':~C?,:u'_ii~~e'r: .' _assessed against the Project site for such work"i1~ such:,site-.Vf~re0 ..' 'pri vate'y owned) . .., .. .~._. .-,..- '--... "-',' ..t- :",.. . .' 6. If by reason of the Municipality's fai.lure or refusal to furnish : 'or cause to be furnished any public service?, or facilities which it has \ agreed hereunder to furn; sh 'or to cause to b!= furni shed toJD~'lkq,~~l- '" ..\ ' Author:i ty ?r.. to__the tenants of any ~.roject" th~}.o_cal'A~h:o'r.1/~y;Jl n'c' 't;s~.1 ""', ""';"u.any' ex.p.e,nse..t,o ob.ta.i.r""such,ser.vi.p~~,.or .fa,c-jlJt~ .(,the.n.t e.:J,,9,cal .' -.;...;,.:::~..:t~llcl:t""o'H tY.l~" 'a".":de1!l.Ic,b th~ "a 0 ' t .of uc6' Q.., ,,'-1; ':. . '.. .~.. i_", . s' " e1Jf ">i(~i. ..\t.\~.",.. ~~r-.".tL~".""a~.ij,. 'l'~~"....,.~m , ...... '" :'''::QJ;..'T.a.xe's . .~.. . ., (, 0:' pec~~ue ,t,o' :.th~ '.MunfEpa, ; y ,.', ~~, )'J',f. . Jl , .. . ect . ,or aDy..otn~.r:..~.~en~ :.b.pusl 1:\9 .p.rgJ'g~1:S ..owned Dr opetatecL )y...;.tn~ '.t_oca': , ~"::~Autho.ti 'by'. ". . ~ / ::-" ." ~~- -7 ~~"~o Coop. "t \ on Ag reemen the retofo re en tered ; n to between tho Municipality C\nd the: Local Authority shilll be construed to apply to ~ny Project covered by this Agreement. 8. No membor of the governing body of the t~unicipality or any other pWblicofficial of the'Municipality "tho exercises. any responsibilities or functions \~ith respect to any Project during ~lis tenure or for one year thereafter shall have any interest, dil"'ect or indirect, in any Project or any property -inc.luded or planned to be included in any project, or any con~racts in connection with such Projects or property. If any such govern- ing body member or such other public official of the Municipality involuntc.rily ~cquires or had acquired prior to the beginning of his tenure any such interest, he shall immediate1y diSClose such interest to the Local Authority, '-, , 9. So 10n9 as any contr'ac:tbetwec:n the Loc:a 1 Authority and the Go verl"i~ 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 niodif;ed without the consent of the Government. 'The priviliges and obligations of theMuni~ipa]ity here~nder shall remain in full force and effect with respect to each ~rQj~ct so long as the beneficial title to suchPrqject is held by the Local Authority or by any other public body o,r 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~neficia' title to, or possession of, any Project is held by such ather -public body or governmental, agency, inClUding thePHA, the provisions hereof sha 11 inure to the benefit of and may be enforced by, such other pupl i c body or 'governmenta 1 agency, inc1IJding the PHA.. . - - J . . IN HITMESS WHEREOF the Mun; ci'pa 1 ity arid the Local Authority have res- pecttvely signed this Agreement and caus~d their seals to be affixed and attested as of the day and year first above written. _ .' (S ea 1) -:;.A-~:,--'- . 'i. I \ 'I.... . ) Clr't' o~ ~r'~,f)~R~ (C~~.t e Name of MU,~. ici alit~) I3Y~~/ ~hfA'fl___. ' oJ, -t T~r ' - _0',1 ( Attest: ~.~ .', . . . .. . . (sean", . Attost;..4- A .~>n .4~~...~ (Title) Housing Authority and Urban Renewal Acenr.v of Lane County (:;7::ame of Lo.calAuthorHYJ By ;E--7~"A . - - ,. . ',' Chai~ " .,.1