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92-09 Cooperation Agreement with the Kodiak Island Housing Authority for a program transfer in connection with Pacific Terrace, a low-income housing developmentU.S. Department of Housing(`,. .•1 �*� Local Government and Urban Development , r Statement Office of Public and Indian Housing Comprehensive Grant Program (Cut") OMB Approval No. 2577-0157(Exp.ba053) Public Reporting Burden for this collection of information is estimated to average 0.1 hours par response. including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3800 and to the office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addresses. As Chief Executive Officer of the unit of general local govemmenf/Indian tribe Kodiak Island Borough known as In which the (name of Public Housing Agency (PHA) or Indian Housing AuNority (IHA)) Alaska Housing Authority I ccrdfy to the following: 1. The PHAAHA developed the Comprehensive Plan/Annual Statement in consultation with local government officials/Indian tribal offf cia Is and with residents of the developments coveredby the Comprehensive Plan/Annual Statement, in accordance with the requirements of the Comprehensive Grant Program; 2a. For PHAS,the Comprehensive Plan/Annual Statement isconsis- tent with the unit of general local government's assessment of its low-income housing needs (as evidenced by its Comprehensive Housing Affordability Strategy (CHAS) under 24 CFR Pan 91, if applicable), and that the unit of general local government will cooperate in providing resident programs and services; or 2b. For IHAS, the Comprehensive. Plan/Annual Statement is consis- tcnt with the appropriate governing body's assessment of its low- income housing needs and that the appropriate governing body will cooperate in providing resident programs and services; and Note: The Comprehensive Plan includes the Action Plan. Name of Chief Executive officer: Jerome M. Selby, Mayor operates, 3. The PHA's/IHA's proposed drug elimination activities are coor- dinated with and supportive of local drug elimination strategies and neighborhood improvement programs, if applicable. Under the Cooperation Agreement, the IocaUtribal government is pro- viding public services and facilities of the same character and to the same extent to Public and Indian housing as are famished to other dwellings and residents of the locality. Where additional on -duty police are being funded under the Comprehensive Grant Program, such police will only provide additional security and protective services over and above those for which the local/ tribal government is contractually obligated to provide under the Cooperation Agreement. Signature of Chief Execuove officer(a���nddyyyDate: --_.. X - 5?__ ____ - ___ — Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. 08 U.S.C.1001,1010,1012; 31 Ti HUD -52835 (252) ref Hand000k 7485.3 3729,38.2) -U.S. Gr ,~t PMt" Omm: 1892-312-21x160111 Page 1 Introduced by: Mayor Selby Requested by: Kodiak Island Housing Authority Drafted by: Mayor Selby Introduced: 03/19/92 Adopted: 03/19/92 KODIAK ISLAND BOROUGH RESOLUTION NO. 92-12 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 a Housing Authority and will apply to the U.S. Department of Housing and Urban Development for a program transfer in connection with Pacific Terrace, a low-income housing development; and WHEREAS, pursuant to Sections 5(e)(2) and 6(d) of the United States Housing Act of 1937, as amended, it is necessary that the local governing body of Kodiak, Alaska, enter into a Cooperation Agreement with the local authority providing for local cooperation in connection with such lower income house project. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The 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 Kodiak Island 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 thereof. Kodiak Island Borough, Alaska Resolution No. 92-12 Page 1 of 7 PASSED AND APPROVED THIS 19th DAY OF MARCH, 1992. KODIAK ISLAND BOROUGH *Sidl g Officer ATTEST: �0724ga- Borough Clerk Kodiak Island Borough, Alaska Resolution No. 92-12 Page 2 of 7 Exhibit A COOPERATION AGREEMENT THIS AGREEMENT, made this day of , 1992, 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: 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 Resolution No. 92-12 Page 3 of 7 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 Island Borough, Alaska Resolution No. 92-12 Page 4 of 7 (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 island Borough, Alaska Resolution No. 92.12 Page 5 of 7 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 Island Borough, Alaska Resolution No. 92-12 Page 6 of 7 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. KODIAK ISLAND BOROUGH Borough Mayor ATTEST: Borough Clerk KODIAK ISLAND HOUSING AUTHORITY Chairman ATTEST: Secretary -Treasurer Kodiak Island Borough, Alaska Resolution No. 92-12 Page 7 of 7