FY2010-16 Kodiak Island Housing Authority - Cooperation Agreement�Aa4 No-f`I �010-ip
COOPERATION AGREEMENT
This agreement entered into this Yd day of September, 2009, by and between the
Kodiak Island Housing Authority (herein after called the Recipient), and the Kodiak
Island Boroueh (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:
a) The term "project(s)" shall mean any property previously or hereafter
developed or acquired 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
b) The term "shelter rent" shall mean the total of all charges to all tenants of
a project(s) for dwelling rents (excluding all other income of such
project(s)), less the cost to the Recipient of all dwelling and non -dwelling
utilities.
2. The Recipient shall endeavor to secure funding from the Government for the cost
to develop, acquire and/or administer one or more low-income housing project(s),
comprising approximately 4 units, as rental or lease -purchase homeownership units. The
project(s) is/are located within the jurisdictional limits of the Local Governing Body.
The obligations of the parties hereto shall apply to each such project and any future
project(s), and the units therein, 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, all such projects) within the jurisdictional limits of
the Local Governing Body are exempt from all real and personal property taxes and
special assessments levied or imposed by the Local Governing Body. So long as such
project(s) 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 such project(s) 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).
Sample Cooperation Agreement Exemption and PILOT
AKONAP 06/09/05
4. 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 such project(s).
5. Each such annual payment of user fees or PILOT shall be made (at the time when
real property taxes on such project(s) would be paid if it were subject to taxation)(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 any project(s) 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 such
project(s) other than user fees or PILOT described above, shall furnish or cause to be
furnished to the Recipient and the tenants of such project(s) 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. If by reason of the Local Governing Body's failure or refusal to furnish or cause
to be furnished any and all public services, facilities and infrastructure which it has
agreed hereunder to furnish or to cause to be furnished to the Recipient or to the tenants
of any project(s), the Recipient incurs any expense to obtain such services or facilities,
then the Recipient may deduct the amount of such expense from any payment of user fees
or PILOT due or to become due to the Local Governing Body with respect to any low-
income housing project(s) owned by the Recipient.]
9. No cooperation agreement previously entered into between the Local Governing
Body and the Recipient shall be construed to apply to any project(s) covered by this
agreement.
10. 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
each project(s) so long as the Recipient holds title to such project(s). However, if at any
time the title to, or possession of, any project(s) 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.
Sample Cooperation Agreement Exemption and PILOT
AKONAP 06/09/05
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.
(SEAL)
Kodiak Island Borough
By: dl '4
Rick L. Gifford
Attest:
• G
,y�gSKA � 1�y
(SEAL)
Kodiak Island Housing Authority
"OFFICIAL SEAL " By:
REBECCA R. TORSEN
NOTARY PUBLIC, STATE OF ALASKA Marty Shuravloff
Executive Director
Attest:
KI COMMS-moo/;Z-
(Title)
Sample Cooperation Agreement Exemption and PILOT
AKONAP 06/09/05