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Home My WebLink AboutRes1981-035 r I I I i I 8/20/81 RM/s CITY OF SEWARD RESOLUTION 81-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A COOPERATION AGREEMENT BETWEEN THE NORTH PACIFIC RIM HOUSING AUTHORITY AND THE CITY OF SEWARD. WHEREAS, it is the policy of the City of Seward to eliminate substandard and inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens, and WHEREAS, the City Council passed and approved on August 10, 1981, Resolution No. 81- 27 entitled Resolution Approving Appli- cation for Preliminary Loan for Low-Rent Public Housing, which resolution provided that the City of Seward encourages and sup- ports the application of the North Pacific Rim Housing Authority to the United States of America acting through the Secretary of Housing, Urban and Development for a preliminary loan for surveys and planning in connection with the construction of approximately forty (40) low-rent dwelling units, and WHEREAS, the City of Seward has negotiated a Cooperation Agreement with the North Pacific Rim Housing Authority regarding a project comprising of approximately forty (40) units of low-rent housing to be constructed within the City limits within the City of Seward, Alaska, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Alaska, that: Section 1. The Cooperation Agreement between the North Pacific Rim Housing Authority and the City of Seward regarding a project comprising of approximately forty (40) units of low-rent housing to be constructed within the corporate limits of the City of Seward, Alaska, is hereby approved and the Mayor is instructed to execute that certain Cooperation Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of August, 1981. Mayor City of Seward, Alaska Resolution No. 81-35 Page Two AYES: CAMPBELL, CRIPPS. GILLESPIE, HUGLI. SORIANO AND SWARTZ NOES: NONE ABSENT :NONE ABSTAIN: O'BRIEN Approved as to Form: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward c:t:d ~~ Fred B. Arvidson (City Seal) \: \! I r I HUGHES THORSNESS GANTZPOWELLaBRUNOIN ' ATTORNEYS AT LAW 509 WEST THIRD AVENUE ANCHORAGE. AK 99501 (907) 27'07522 ..., !I COOPERATION AGREEMENT This Agreement made this August , 1981, ~s 24th day of , \; i between H " \ ~ :i ;1 ': :1 H q 'I II Ii II II I 'I II Ii n iI Ii 11 Ii 'i " '1 r " 'I !, ii " !; I' ,I J1 " Ii " i' " i; Ii " " <I " ii ii II Ii i! !! q II ii I! ii I' d " ij I, I) q ii " 11 ,; :\ n " " i the North Pacific Rim Housing Authority (the "Local Authority") and the city of Seward (the "city"). 1. Definitions. Whenever used in this Agreement: (a) The term "Project" shall mean the low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the united states of America acting through the Secretary of Housing and Urban Development ("HOD") excluding projects under any contracts entered into between the Local Authority and HOD, or its predecessors. (b) The term "Taxing Body" shall mean the State of Alaska or the Kenai Peninsula Borough, having authority to assess or levy real or personal property taxes with respect to the project. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of the project for dwelling rents and nondwelling rents (excluding all other income of such project), less the cost to the Local Authority of all dwell- ing and nondwelling utilities. 2. The Local Authority shall endeavor; (a) To secure a contract or contracts with HOD for loans and annual contributions for a project comprising approximately fOl1rty (40) units of low-rent housing and; (b) To develop or acqu~re and administer such project located within the corporate limits of the City. 3. (a) Under the constitution and statutes of the State of Alaska and specifically AS 18.55.250 the project is exempt from all real property taxes levied by the City. The City agrees to recognize such state statutory exemptions and for that reason will not levy or impose any real property -1- \" ,,", " . ~ \ taxes upon the project or upon the Local Authority. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such " Ii " ; " " i' \', i' (\ " 1i taxes and payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to the project. (b) Each such annual Payment in Lieu of Taxes shall be made at the time when real property taxes on such project i' would be paid if it were subject to taxation, and shall be " \: ii in an amount equal to ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such project during the twelve-month period before such payment is made. (c) No payment for any year shall be made to the city in excess of the amount of the real property taxes which would have been paid if the project were not exempt from taxation. (d) Upon failure of the Local Authority to make any :, " .- ~ Payment in' Lieu of Taxes, ~no lien against the proj ect or assets of the Local Authority shall attach. 4. During the period commencing with the date of the acquisi,tion of any part of the site of the 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 " i' (ii) any contract between the Local Authority and HUD for loans or annual contributions, or both, in connection with such project remains in force and effect, or (iii) any bonds issued in connec- tion with such proj ect or any monies due to HUD in connection with such project remain unpaid, whichever period is the longest, HUGHES THORSNESS the City, without cost or charge to the Local Authority or the GANTZ PO\...ELl&BRLlrlDlN ATTORNEYS AT LAW ,.'WESTTHIRDAVENUE tenants of such project (other than the Payments in Lieu of ArJCHORAGE. AK 9950t (907) 274-7522 -2- r I I I HUGHES THORSNESS GANTZ POWELL.BRUNOIN ATTORNEYS AT LAW 509 WEST THIRD AVENUE ANCHORAGE,AK 99501 (907) 27407522 - r I I j I , , I I I I I ;: Taxes) shall furnish or cause to be furnished to the 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 City and cooper- , " , ;i ate with the Local Authority by such other lawful action or ways as the City and the Local Authority may find necessary in connec- '" r I: , " ~ i tion with the development and administration of such project. 5. City further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority it 'I I 'Ii Ii " Ii i: Ii 1 !; :' I: lj " , " I " will, in accordance and subject to all provisions of the City Charter and ordinances, accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has com- pleted the installation thereof in accordance with specifications acceptable to the City. 6. If by reason of the City's refusal to furnish any d public services which it has agreed hereunder to furnish the :j Local Authority incurs any expense to obtain such services, then j: I' Ii I' " ii " 'I H :I " " the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the City for the project. 7. No Cooperation Agreement heretofore entered into between j! 1; I; the City and the Local Authority shall be construed to apply to the project covered by this Agreement. 8. So long as any contract between the Local Authority and I BUD for loans (including preliminary loans) or annual contributionsr or both, in connection with the project remains in force and effect, or so long as any bonds issued in connection with the project or any monies due to HUD in connection with the project -3- ' r " I' " I " !, I ! ~ i I: I " 1! I q ti remain unpaid, this Agreement shall not be abrogated, changed, or modified by the Local Authority and the city without the consent of HUD. The privileges and obligations of the City hereunder shall remain in full force and effect with respect to the project so long as the beneficial title to such project is held by the Local Authority or by any other public body or governmental L agency, including HUD, authorized by law to engage in the develop- Ii ment or administration of low-rent housing projects. If at any ; l' time the beneficial title to, or possession of, the project is " l' " I, held by such other public body or governmental agency, including HUD, the provisions hereof shall inure to the benefit of any and may be enforced by, such other public body or governmental agency, including HUD. IN WITNESS WHEREOF the city and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. !i CITY OF SEWARD (SEAL) Attest: city Clerk i! NORTH PACIFIC RIM HOUSING AUTHORITY (SEAL) Attest: HUGHES THORSNESS GANTZ POWELLaBRUNOIN ATTORNEYS AT l.AW '09 WEST THIRD AVENUE ANCHORAGE. AK 99501 (907) 27407522 -4-