Loading...
93-16 Cooperation Agreeement Between Kodiak Island Borough And The Kodiak Island Housing AuthorityCOOPERATION AGREEMENT THIS AGREEMENT, made this 6th day of May, 1993, by and between the KODIAK ISLAND HOUSING AUTHORITY (herein called the "Authority") and the KODIAK ISLAND BOROUGH (herein called the "Borough")• 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 hereinafter developed or acquired by the Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low -rent housing project covered by any contract for loans and annual contributions entered into between the Authority and the Government, or its predecessor 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 were not exempt from taxation; and (C) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non -dwelling rents (excluding all other income of such Project), less the cost to the Authority of all dwelling and non -dwelling utilities. 2. The Authority shall endeavor to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects consisting of forty (40) units. The Authority shall plan, develop or acquire, and administer the Project or Projects, which shall be located within the corporate Page t of 6 limits of the Borough. The Project and the Borough shall have no contractual responsibility with respect to the Project other than as expressly provided in this Agreement. 3. (A) Under the Constitution and laws of the State of Alaska, the Project is exempt from all real and personal property taxes and special assessments levied or imposed on any Taxing Body. So long as either (i) the Project is owned by a public body or governmental agency and is used for low -rent housing purposes; or (ii) any contract between the Authority and the Government for loans or annual contributions, or both, in connection 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 Borough agrees that it will not levy or impose any real or personal property taxes or special assessment upon such Project or upon the Authority with respect thereto. During such period, the Authority shall make annual payments (herein called "Payments in Lieu of Taxes") 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 (i) ten percent [10%1* of the Shelter Rent charged by the Authority in respect to such Project during such fiscal year or Oil 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 Borough shall distribute the Payments in Lieu of Taxes among the taxing 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 bear to the total real property taxes which would have been paid to all of the taxing Bodies 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 for taxation. *Note: A percentage of less than ten [10%] may be inserted if agreed to by the Borough and the Authority. Page 2 of 6 (D) Upon failure of the Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition 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) between the Authority and the Government for loans or annual contributions, or both, in connection 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 Borough, without cost or charge to the 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 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 Borough; (B) Notwithstanding the date of acquisition, the Borough shall 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 Authority, such interest as the Borough may have in such vacated areas; and insofar as the Borough is lawfully able to do so without cost or expense to the Authority or to the Borough, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; (C) Insofar the Borough may lawfully do so, (i) grant such deviation from the building code 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 surrounding territory; (D) Accept grants of easements necessary for the development of such Project; and (E) Cooperate with the Authority by such other lawful action or ways as the Borough and the Authority may find necessary in connection with the development and administration of such Projects. Pegs 3 of 6 5. In respect to any Project, the Borough further agrees that within a reasonable time after receipt of a written request therefor from the Authority: (A) 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 Authority or its Developer has completed the grading, improvements, paving and installation thereof, in accordance with specifications acceptable to the Borough; (B) It will accept necessary dedications of land for, 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 Authority or its Developer shall pay to the Borough such amounts as would be assessed against the Project site for such work if such site were privately owned); and (C) It will provide, or cause to be provided, water mains and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Authority or its Developer shall pay to the City such amounts as would be assessed against the Project site for such work if such site were privately owned). 6. If by reason of the Borough's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or cause to be furnished to the Authority or to the tenants of any Project, the Authority incurs any expense to obtain such services or facilities, then the Authority may deduct the amount of such expenses from any Payment in Lieu of Taxes due or to become due to the Borough in respect to any Project or any other low -rent housing projects owned or operated by the Authority. 7. The Borough agrees to exempt the tenants of the project and the Authority from the payment of Sales Taxes in conjunction with rents. 8. No Cooperation Agreement heretofore entered into between the Borough and the Authority shall be construed to apply to any project covered by this Agreement. 9. No member of the governing body of the Borough or any other public official of the Borough who exercises any responsibilities or functions with respect to any Project during his tenure or for one (1► 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 Page 4 of 6 of the Borough involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Authority. 10. So long as any contract between the Authority and the Government for loans (including preliminary loans) or annual contribution, 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 the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified with the consent of the Government. The privileges and obligations of the Borough 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 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 Government, the provision hereto shall inure to the benefit of and may be enforced by such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Borough and the Authority have respectively signed this Agreement and cause their seals to be affixed and attested as of the day and year first above written. ATTEST: PO%2%2Q �i�7 Yy�A1l� Borough Clerk AUTHORITY ATTEST: 44g� Secret ry- reasurer KODIAK ISLAND BOROUGH KODIAK ISLAND HOUSING E cutive Dire for Page 7 of a CERTIFICATE I, Donna F. Smith, the Borough Clerk of the Kodiak Island Borough, Alaska do hereby certify as follows: ly of the Kodiak island Borough 1 That on May 6, 1993, when the adopted the attached Resolution No. 3 5b it was composed of the following qualified members: Jack L. McFarland, Presiding Suzanne J. Hancock Michael R. Milligan Alan Austerman Gordon J. Gould Betty J. Fitzjearl Mary A. Monroe 2. That the attached Resolution No. 93-15 is a true, correct, and conformed copy of the original resolution on file in the Clerk's Office and was adopted by the following vote of the Borough Assembly: AYES 7 NOES 0 ABSENT-Q- 3. BSENT0 3. That such Resolution No. 93-15 was adopted at a regular meeting of the Assembly of the Kodiak Island Borough, held at Kodiak, Alaska, on the 6th day of May, 1993, at the hour of 7:30 p.m. in accordance with the provisions of KIBC 2.17.070, a true copy of which is also attached hereto. IN WITNESS KodiakWHEREOF, Borough,/ Alaska, this 6th day of Mae unto set my hand and iy, 1993 official seal of the ATTEST: l ,-D, Donna F. Smith Borough Clerk SEAL Pape 6 of 0 Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. 93-15 Mayor Selby KIHA KIHA Mayor Selby 05/06/93 A RESOLUTION ENTERING INTO A "COOPERATION AGREEMENT' WITH THE KODIAK ISLAND HOUSING AUTHORITY WHEREAS, the Kodiak Island Housing Authority (herein called the "Local Authority") is an Indian Housing Authority and will apply to the U.S. Department of Housing and Urban Development for a program reservation in connection with the development of lower income housing; WHEREAS, pursuant to sections 4(e)(2) and Bid) of the United States Housing Act of 1937, as amended, it is necessary that the local governing body of the Kodiak Island Borough, Alaska enter into a Cooperation Agreement with the Local Authority providing for local cooperation in connection with such lower income housing project; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The borough mayor is hereby authorized and directed to execute such Cooperation Agreement in the name and on behalf of the Kodiak Island Borough. Section 2: The borough clerk is hereby authorized and directed to affix or impress the seal of the Kodiak Island Borough hereon and to attest the same. Section 3: Such Cooperation Agreement shall be in substantially the form attached hereto as "Exhibit A" and made a part hereof. Kodiak hlr,d Borough. Alaska Resolution No. 93-15 Page 1 of 8 ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS 6th DAY OF MAY, 1993 KODIAK ISLAND BOROUGH Jer a M. Selby, Bor yor Gohdon J. Gould v Deputy Presiding Officer ATTEST: Donn � h Clerk Kodiak lalend Borough. Alaska Rwokrdon No. 83.15 Page 2 of 8 Exhibit A COOPERATION AGREEMENT THIS AGREEMENT, made this _12� day of !ltt, 19911, by and between the KODIAK ISLAND HOUSING AUTHORITY (herein called the "Authority") and the KODIAK ISLAND BOROUGH (herein called the "Borough"). 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 hereinafter developed or acquired by the Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low -rent housing project covered by any contract for loans and annual contributions entered into between the Authority and the Government, or its predecessor 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 were not exempt from taxation; and (C) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non -dwelling rents (excluding all other income of such Project), less the cost to the Authority of all dwelling and non -dwelling utilities. 2. The Authority shall endeavor to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects consisting of forty (40) units. The Authority shall plan, develop or acquire, and administer the Project or Projects, which shall be located within the corporate Kodiak Island Borough. Alaska Pmaknion No. 93.15 Papa 3 of 8 limits of the Borough. The Project and the Borough shall have no contractual responsibility with respect to the Project other than as expressly provided in this Agreement. 3. (A) Under the Constitution and laws of the State of Alaska, the Project is exempt from all real and personal property taxes and special assessments levied or imposed on any Taxing Body. So long as either (i) the Project is owned by a public body or governmental agency and is used for low -rent housing purposes; or (ii) any contract between the Authority and the Government for loans or annual contributions, or both, in connection 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 Borough agrees that it will not levy or impose any real or personal property taxes or special assessment upon such Project or upon the Authority with respect thereto. During such period, the Authority shall make annual payments (herein called "Payments in Lieu of Taxes") 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 (i) ten percent [10%] • of the Shelter Rent charged by the Authority in respect to such Project during such fiscal year 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 Borough shall distribute the Payments in Lieu of Taxes among the taxing 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 bear to the total real property taxes which would have been paid to all of the taxing Bodies 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 for taxation. 'Note: A percentage of less than ten [10%] may be inserted if agreed to by the Borough and the Authority. Kodiak ylarW dough. Alsske Resolution No. 83-15 Pepe 4 of 8 (D) Upon failure of the Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition 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) between the Authority and the Government for loans or annual contributions, or both, in connection 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 Borough, without cost or charge to the 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 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 Borough; (B) Notwithstanding the date of acquisition, the Borough shall 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 Authority, such interest as the Borough may have in such vacated areas; and insofar as the Borough is lawfully able to do so without cost or expense to the Authority or to the Borough, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; (C) Insofar the Borough may lawfully do so, (i) grant such deviation from the building code 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 surrounding territory; (D) Accept grants of easements necessary for the development of such Project; and (E) Cooperate with the Authority by such other lawful action or ways as the Borough and the Authority may find necessary in connection with the development and administration of such Projects. Kodiak lord Borough Alaska Rwoh,da, No. 93.75 Popo 5 of 8 5. In respect to any Project, the Borough further agrees that within a reasonable time after receipt of a written request therefor from the Authority: (A) 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 Authority or its Developer has completed the grading, improvements, paving and installation thereof, in accordance with specifications acceptable to the Borough; (B) It will accept necessary dedications of land for, 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 Authority or its Developer shall pay to the Borough such amounts as would be assessed against the Project site for such work if such site were privately owned); and (C) It will provide, or cause to be provided, water mains and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Authority or its Developer shall pay to the City such amounts as would be assessed against the Project site for such work if such site were privately owned). 6. If by reason of the Borough's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or cause to be furnished to the Authority or to the tenants of any Project, the Authority incurs any expense to obtain such services or facilities, then the Authority may deduct the amount of such expenses from any Payment in Lieu of Taxes due or to become due to the Borough in respect to any Project or any other low -rent housing projects owned or operated by the Authority. 7. The Borough agrees to exempt the tenants of the project and the Authority from the payment of Sales Taxes in conjunction with rents. 8. No Cooperation Agreement heretofore entered into between the Borough and the Authority shall be construed to apply to any project covered by this Agreement. 9. No member of the governing body of the Borough or any other public official of the Borough who exercises any responsibilities or functions with respect to any Project during his tenure or for one (1) 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 Kodiak Marx! Borough. AWtu Rwoktion No. 93.15 Pogo 9 of 9 of the Borough involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Authority. 10. So long as any contract between the Authority and the Government for loans (including preliminary loans) or annual contribution, 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 the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified with the consent of the Government. The privileges and obligations of the Borough 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 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 Government, the provision hereto shall inure to the benefit of and may be enforced by such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Borough and the Authority have respectively signed this Agreement and cause their seals to be affixed and attested as of the day and year first above written. ATTEST: f�0�✓1+0.:ec' Borough Cierk ATTEST: Secreta y -Treasurer KODIAK ISLAND BOROUGH _ �! MASON 134rough Mayor KODIAK AND HOUSING AUTHORITY Executive Director Kodiak IMInf1 Borough. AIMko Rwalution No. 93-15 Ppo 7 of 8 [�I�f���L•��� I, Donna F. Smith, the Borough Clerk of the Kodiak Island Borough, Alaska do hereby certify as follows: 1. That on May 6, 1993, when the Assembly of the Kodiak Island Borough adopted the attached Resolution No. 93-15, it was composed of the following qualified members: Jack L. McFarland, Presiding Suzanne J. Hancock Michael R. Milligan Alan Austerman Gordon J. Gould Betty J. Fitzjearl Mary A. Monroe 2. That the attached Resolution No. 93-15 is a true, correct, and conformed copy of the original resolution on file in the Clerk's Office and was adopted by the following vote of the Borough Assembly: AYES Z NOES __a ABSENT Q 3. - That such Resolution No. 93-15 was adopted at a regular meeting of the Assembly of the Kodiak Island Borough, held at Kodiak, Alaska, on the 6th day of May, 1993, at the hour of 7:30 p.m. in accordance with the provisions of KIBC 2.17.070, a true copy of which is also attached hereto. IN WITNESS WHEREOF, I have unto set my hand and affixed the official seal of the Kodiak Island Borough, Alaska, this 6th day of May, 1993. ATTEST: �. �YLYta Donna F. Smith Borough Clerk SEAL Kodak Wwld 8oroupk. /J=ka Pl ok,tion No. 93.15 Papa 8 of 9 Kodiak Island Borough AGENDA STATEMENT Meeting of: May 6, 1993 ITEM NO. 12.8.1. RESOLUTION NO. 93-15 ENTERING INTO A "COOPERATION AGREEMENT" WITH THE KODIAK ISLAND HOUSING AUTHORITY The Kodiak Island Housing Authority has an opportunity to compete for funds for housing that would help provide cannery workers with housing and alleviate the current severe shortage of housing for the work force. This resolution and agreement are required by HUD in order for the Kodiak Island Housing Authority to compete for funds. FISCAL NOTES [X] N/A Expenditure Amount Required Budgeted APPROVAL FOR AGENDA: RECOMMENDED ACTION: Move to adopt Resolution No. 93-15. May 10, 1993 Kodiak Island Borough Kodiak Island Housing Authority 2815 Woody Way Kodiak, Alaska 99615 Dear Ms. King: 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 PHONE (907) 486.5736 The Kodiak Island Borough acknowledges that there is a need for lower income housing in the community which is not being met by private enterprise. The Kodiak Island Borough is aware of and supports the Kodiak Island Housing Authority's application for the development of a 40 L/R Housing Project in Kodiak, Alaska and authorizes the Kodiak Island Housing Authority to apply for necessary planning funds for the Indian Housing Development. The Kodiak Island Borough assures there will be available, in the area, public facilities and services adequate to serve the proposed housing. Sincerely, Kodiak Island Borough Jerome M. Selby Borough Mayor