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HomeMy WebLinkAboutWinnebago County Housing Authority 6/1/1989 Revised HUD 52481 January ,1979 page 1 COOPERATION AGREEMENT This Cooperation Agreement is entered into this 1st day of June 1989 by and between i nCtyHousA„rlc"the Local Authority") andCityofOshknsh ("the Municipality") The parties agree to the following terms and conditions: I. TERMS A. "Project" means any low-rent housing subsequently developed or acquired by the Local Authority with Federal funds from the Department of Housing and Urban Development ("The Government") . This term does not include any low rent housing project covered by any loan and annual contributions contract entered into between the Local Authority and the Government, or its predecessor agencies, prior-to the date of this Agreement. B. "Taxing-Body"--means the state or any political subdivision or taxing unit that would have the authority to: 1. Assess or levy real or personal property taxes against the project or 2. Certify to a taxing body or public officer that such taxes are to be levied for its use or benefit, if the project were not exempt from taxation. C. "Shelter Rent" means the difference between the total rental charges and utility costs of dwelling and non-dwelling space in the project. This sum does not include project income from any source other than rental charges. D. "Slum" means any area predominated by dwellings, that are detrimental to health and safety, because of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combi- nation of these factors. E. "Municipality" means any political subdivision, even though iw some cases it may be a county or other body. II . CONDITIONS A. EXEMPTION FROM TAXATION 1. Under the constitution and statutes of the State of Wisconsin ,2 all projects are exempt from all real or personal property tAYA^ And (special as"ssmen!"'3 levied or imposed by any taxing body. 2. The Municipality agrees, that it will not levy or impose any real or personal property taxes 3upon any project or upon the Local Authority, with respect to any project, so long as any of the following conditions exist: (a) a public body or governmental agency owns any project, that is used for low-rent housing purposes, or lInsert the name of the political subdivision with which the corporation agreement is being entered into, such as "City of Milwaukee, Wisconsin" or "County of Milwaukee" or "State of Wisconsin". 2Insert the name of 'the State, indicating whether it is a State or Commonwealth. HUD-52481 omit the bracketed material if low-rent hbusing owned by the Local revised 1/ Authority is not exempt from special assessments. Milw. A. 0 - 1 - a% • 7 ' Revised HUD 52481 January , 1979 page 2 (b) any binding loan or annual contributions contract, that involves any project and was executed by the Local Authority and the Government, or (c) any unpaid bond issues or other debts, that are connected with any project and are due the Government. B. PAYMENT IN LIEU OF TAXES (PILOT) 1. The Local Authority agrees to make an annual payment in lieu of taxes Sin exchange for the public services and facilities, furnished by the Municipality without cost or charge to the project, during the time period in which any of the conditions in Section 2 of Provision II. A. exist. -- 2. Select the alternative that accurately reflects the arrangement agreed upon by the Local Authority and the Municipality: Alternative A (a) Each annual PILOT will be made after the project's fiscal year has ended. (b) The amount payable will be based on the lower of the following sums: (1) Ten percent (10X) of the shelter rent the Local Authority charged project tenants during such fiscal year,4or the = = of and ending the - (dote) (month) (date) (month) • ES-ever).- C. PILOT LIMITATION No payment for any year shall be made to the Municipality in excess of the amount of real property which would have been paid to the Municipality for such year, if the project were not exempt from taxation. ( The following provision should not only be included in 3C. when more than one taxing body will be receiving PILOT. If no such tax distribution occurs, or each taxing body has entered into separate cooperation agreement with the Local Authority, then delete the provision, as it would not apply. )The Municipality shall distribute the PILOT among taxing bodies in a manner, which is proportionate to the amount of the real property taxes, that would have been paid to each taxing body for such year, if the project were not exempt from taxation. 30mit the bracketed material if low-rent housing owned by the Local Authority is not exempt from special assessments. 40ne of the following modifications would be acceptable in Provision II. B.2 (b) of alternatives A and B (a) A percentage of less than 10% of the shelter rent charged or (b) Ten percent (10%) of the shelter rent actually collected but not exceeding ten percent (10%) of the shelter rent charged. - 2 - - - Revised HUD52481 January, 1979 ' page 3 D. OBLIGATIONS OF THE LOCAL AUTHORITY 1. The Local Authority shall endeavor: (a) to secure loan and annual contributions contracts covering 5 one or more projects comprising app Y units or low rent housing and (b) to develop or acquire and administer such project(s) , located within the corporate limits of the Municipality. 2. The Local Authority, at its own expense, agrees to grade , improve, pave and install all interior streets, roads, alleys and adjacent sidewalks, together with all storm and sanitary sewer mains, within the area of the project, according to the specifications acceptable to the Municipality. 3. The Local Authority agrees to pay the Municipality the amount, that would be assessed against the project site for the following work, if such site were privately owned: - (a) grading, improving, paving and providing sidewalks for all - streets bounding or necessary to provide adequate access to the project and. (b) directly or indirectly providing water, storm and sanitary mains leading to or serving the streets on the boundary of the project. E. OBLIGATIONS OF THE MUNICIPALITY 1. In respect to any project, the Municipality agrees that within a reasonable time after receipt of a written request from the Local Authority: (a) to grade, improve, pave and provide sidewalks for all streets bounding or necessary to provide adequate access to the project (b) to directly or indirectly provide water, storm, and sanitary mains leading to or serving the streets on the boundary of the project ,and (c) to accept the dedication of the following: (1) all interior :streets, roads, alleys, as well as, all storm and sanitary sewer mains within the project area, and (2) all sidewalks adjacent to, bounding or necessary to provide adequate access to the project. 2. 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 , to the extent permitted by state law: (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 dwelling and in- habitants in the Municipality; (b) where necessary for the purpose of project development, vacate streets, roads and-alleys within the area of such project and convey any interest, that the Municipality may have in these vacated areas to the Local Authority; 5lnsert the number of project units of low-rent housing to which this Cooperation Agreement applies. - 3 - Revised HUD 5/481 • • January, 1979 page •4 • (c) where necessary for the purpose of project development, remove or cause to be removed all public or private utility lines and equipment, when such removal can be accomplished without cost or expense to the Municipality; (d) grant such deviations from the municipal building code, as are necessary and reasonable to promote economy and efficiency in the development and administration of the project and concurrently safeguards the health of the public; (e) change the zoning of the site and surrounding territory of such projects when reasonable and necessary for the purposes of its development and protection; (f) accept grants of easements necessary for the development of such project; and (g) 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 such project. 3. The Municipality shall provide the services above during the period commencing with the date of the acquisition of any part of the site of any project and continuing so long as: (a) either such project is owned by a public body or governmental agency and is used for low-rent purposes or (b) 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 (c) any bonds issued in connection with such project or any monies due to the Government in connection with such project remain unpaid. F. BREACH OF AGREEMENT 1. If the Municipality breaches its agreement to furnish the public services or facilities delineated in provision E of this agreement, the Local Authority may take action that will cause said services or facilities to be provided. 2. Any expense, incurred by the -Local Authority in such action may be deducted from any current or future payments in lieu of taxes due the Municipality in respect to any project covered by this Cooperation Agreement or any other low-rent housing projects owned or operated by the Local Authority. G. INTEREST OF MEMBERS No Member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with 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 governing 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. H. DURATION The privileges and obligations of the Municipality shall remain in full force and effect with respect to each 'project, so long as, beneficial title to such project is held by the Local Authority, or by any other public body or governmental agency legally Authorized to engage in the development or administration of low income housing projects. - 4 - • • • Pevised Hud 52481 • J4nuary, 1979 .. 'Pccga 5 I. ALTERATION OR TERMINATION 1. The existence of either of the following conditions prohibits the alteration or termination of this Agreement without the prior consent of the Government: (a) Any binding loan or annual con tributions contract that involves any project, and was executed by the Local Authority and the Government or (b) Any unpaid bond issues or other debts that are connected with any project, and are due the Government , 2. No Cooperation Agreement previously entered into between the Municipality and the Local Authority shall be construed to apply to any project covered by this Agreement. • The Municipality and Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of June 1. 1989_ (SEAL) CITY OF OSHKOSH (Corporate Name of Municipality) By AK/ea—e,•x/.64 (Title) Attest: William D. Frueh, city manager A APPROVED v)-n,y7a) Maiwzd (Title) JUN 2 W( Donna C. Serwas, city clerk (SEAL) OSHKOSH,ATTORNEY OSHKOSH,,WISCONSIN WINNEBAGO COUNTY HOUSTNa ATTTUn?r y (Corporate Name of Local Authority) Lt Attest: (Cho rman) 0');- Job M. Franzen, execut director - 5 - •