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<br />I:t (!., ~1.iS' '1 6' Z <br />r:latJ8 - ~f <br /> <br />COOPERATION AGREEMENT <br /> <br />This agreement entered into this /3 day of YU{\(? , 2<P2, by and between the Karluk <br />Tribal Council (hereinafter called the "Recipient") and Kodiak Island Borough (hereinafter called the <br />"Local Governing Body"). <br /> <br />In consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as <br />follows: <br /> <br />I. Whenever used in this agreement the term "project" shall mean the following described property: <br /> <br />KARLUK BK 6 LT 2 <br /> <br />which will be developed by the Recipient with fmancial assistance of the United States of <br />America, acting by and through the Secretary of the Department of Housing and Urban Development <br />(hereinafter called the "Government"), and under the Native American Housing Assistance and Self <br />Determination Act of 1996 or the United States Housing Act of 1937; and <br /> <br />2. The Recipient shall endeavor to secure funding from the Government for the cost to develop the <br />subject property as low income housing. The project is located within the jurisdictional limits of the Local <br />Governing Body. The obligations of the parties hereto shall apply solely to this project and the units <br />therein and to none other within the jurisdictional limits of the Local Governing Body as those <br />jurisdictional limits are delineated on the date of this agreement and hereafter may be modified. <br /> <br />3. Pursuant to this agreement, the subject property is exempt from all real and personal property <br />taxes and special assessments levied or imposed by the Local Governing Body. So long as the project is <br />owned by the Recipient and is used for low-income rental or lease-purchase homeownership purposes, the <br />Local Governing Body agrees that it will not levy or impose any real or personal property taxes or special <br />assessments upon this project or upon the Recipient with respect thereto as required by Section 10 I (d) of <br />the Native American Housing and Self Determination Act of 1996,25 U.S.c. ~ 4111(d). <br /> <br />During such period in which the project(s) is exempt from all real and personal property taxes and <br />special assessments levied or imposed by the Local Governing Body, the Recipient shall make annual <br />payments of either user fees or Payments in Lieu of Taxes (PILOT) instead of taxes or special <br />assessments in payment for public services and facilities furnished from time to time without other cost or <br />charge to the project. <br /> <br />5. Each such annual payment of user fees or PILOT shall be made at the time when real property <br />taxes on the project would be paid if it were subject to taxation and shall in an amount equal to the greater <br />of $150 per dwelling unit or ten percent (10%) of the difference between the shelter rent and the utility <br />costs per dwelling unit. <br /> <br />6. Notwithstanding the Recipient's agreement to pay user fees or a PILOT, the Local Governing <br />Body agrees that no lien against the project or assets of the Recipient shall attach, nor shall any interest or <br />penalties accrue or attach on account thereof, for the failure to make such payments of user fees or <br />PILOT. <br /> <br />7. During the period commencing with the date of the acquisition of any part of the site or sites of <br />any project(s) and continuing so long as such project(s) is owned by the Recipient and used for low- <br />income rental or lease-purchase homeownership purposes, the Local Governing Body, without cost or <br />charge to the Recipient or the tenants of the project other than user fees or PILOT described above, shall <br />