FY2008-44 Karluk Tribal Council Project "Karluk BK 6LT 2COOPERATION AGREEMENT
This agreement entered into this_ day of , 2CQS, by and between the Karluk
Tribal Council (hereinafter called the "Recipient") and Kodiak Island Borough (hereinafter called the
"Local Governing Body").
In consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as
follows:
Whenever used in this agreement the term "project" shall mean the following described property:
KARLUK BK 6 IT 2
which will be developed by the Recipient with financial assistance of the United States of
America, acting by and through the Secretary of the Department of Housing and Urban Development
(hereinafter called the "Government"), and under the Native American Housing Assistance and Self
Determination Act of 1996 or the United States Housing Act of 1937; and
2. The Recipient shall endeavor to secure funding from the Government for the cost to develop the
subject property as low income housing. The project is located within the jurisdictional limits of the Local
Governing Body. The obligations of the parties hereto shall apply solely to this project and the units
therein and to none other within the jurisdictional limits of the Local Governing Body as those
jurisdictional limits are delineated on the date of this agreement and hereafter may be modified.
3. Pursuant to this agreement, the subject property is exempt from all real and personal property
taxes and special assessments levied or imposed by the Local Governing Body. So long as the project is
owned by the Recipient and is used for low-income rental or lease -purchase homeownership purposes, the
Local Governing Body agrees that it will not levy or impose any real or personal property taxes or special
assessments upon this project or upon the Recipient with respect thereto as required by Section 101(d) of
the Native American Housing and Self Determination Act of 1996, 25 U.S.C. § 4111(d).
During such period in which the project(s) is exempt from all real and personal property taxes and
special assessments levied or imposed by the Local Governing Body, the Recipient shall make annual
payments of either user fees or Payments in Lieu of Taxes (PILOT) instead of taxes or special
assessments in payment for public services and facilities furnished from time to time without other cost or
charge to the project.
5. Each such annual payment of user fees or PILOT shall be made at the time when real property
taxes on the project would be paid if it were subject to taxation and shall in an amount equal to the greater
of $150 per dwelling unit or ten percent (10%) of the difference between the shelter rent and the utility
costs per dwelling unit.
6. Notwithstanding the Recipient's agreement to pay user fees or a PILOT, the Local Governing
Body agrees that no lien against the project or assets of the Recipient shall attach, nor shall any interest or
penalties accrue or attach on account thereof, for the failure to make such payments of user fees or
PILOT.
7. During the period commencing with the date of the acquisition of any part of the site or sites of
any project(s) and continuing so long as such project(s) is owned by the Recipient and used for low-
income rental or lease -purchase homeownership purposes, the Local Governing Body, without cost or
charge to the Recipient or the tenants of the project other than user fees or PILOT described above, shall
furnish or cause to be furnished to the Recipient and the tenants of the project any and all public services,
facilities and infrastructure 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 within the Local Governing Body's
jurisdictional limits.
8. Recipient hereby agrees to comply with the building code of the Local Governing Body and shall
take all reasonable measures to safeguard health and safety.
9. The subject property is currently zoned for residential purposes in accordance with KIBC 17.18,
and no change of use is allowed without first obtaining zoning compliance approval from the Kodiak
Island Borough Community Development Department
10. No cooperation agreement previously entered into between the Local Governing Body and the
Recipient shall be construed to apply to the project covered by this agreement.
11. This agreement shall not be abrogated, changed, or modified without the consent of both the
Local Governing Body and the Recipient. The privileges and obligations of the Local Governing Body
hereunder shall remain in full force and effect with respect to this project so long as the Recipient holds
title to it. However, if at any time the title to, or possession of, this project is held by a public body or
governmental agency, including the Government, the provisions hereto shall inure to the benefit of and
may be enforced by such public body or governmental agency, including the Government.
IN WITNESS WHEREOF, the Local Governing Body and the Recipient have respectively
signed this agreement and caused their seal to be affixed and attested as of the day and year first above
written.
Attest:
4 1 0,
(Title)
K,affu-k--1)ibaI Council
A64
By: (Print Name & Title)
Attest:
Nova M. Javier, CT, Borough Clerk
(SEAL)
Kodiak Island Borough
By: Rick L. Gifford ough Manager
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