HomeMy WebLinkAboutRes1964-407
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Record copy to be attached to and a part
of Council Minutes Page 270, Volurne 11
8/5/1964. S~~l1g~~
Beatrice E. Watts
City Clerk-Treas.
RESOLUTION OF CITY COUNCIL OF SE\\JARD, ALASKA, APPROVING THI;
URBAN RENEWAL PLAN ANfl THE FEASIBILITY OF RELOCATION FOR
PROJECT NO. ALASKA R-21, AND PLEDGINr. COOPERATION NITH RESPECT
TO WORKABLE PROGRAII FOR Cm1HUNITY IMPROVEME1I1T
RESOLUTION NO. t/tJ 7
WHEREAS, under Provisions of Title I of the Housing Act of ICJ49, as amended, the
Housing and Home Finance Administrator is authorized to provide financial assistance
to a Local Public Agency for the undertaking and carrying out of an urban renewal
. project in an urban area which the governing body of the locality certifies and the
Administrator finds is in need of redevelopment or rehabilitation as a result of a
catastrophe which the President has determined to be a major disaster; and
WHEREAS, it is provided in such Act that contr.acts for financial ai~ thereun~er
shall require that the Urban Renewal Plan for the respective project area be approved
by the governing body of the locality in which the project is situated an~ that such
approval include findings by the governing body that: (1) the financial aid to be
provided in the contract is necessary to enable the project to be undertaken in accord-
ance ,o/ith the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum
opportunity, consistent with the sound needs of the locality as a whole, for the
rehabilitation or redevelopment of the urban renewal area by private enterprise; and
(3) the Urban Renewal Plan give due consideration to the provision of adequate park
and recreational areas and facilities, as may be desirable for neighborhood improve-
ment, with special consideration for the health, safety, and welfare of children
residing in the general vicinity of the site covered by the Plan; and
IVHEREAS, the Alaska State Housing Authority (herein called the "Local Pub lic
Agency") has entered into a planning contract for financial assistance under such
Act with the United States of America, acting by and through the HOUSing and Home
Finance Administrator, pursuant to which Federal funds were provided for the urban
renewal project (hereinafter called the "Project") identified as Seward Urban Renewal
Area, Seward, Alaska, and described as follows:
See Exhibit A attached
WHEREAS, the Local Public Agency has applied for additional financial assistance
under such Act and proposes to enter into an additional contract or contracts Idth
the Housing and Home Finance Agency for the undertaking of, and for making available
additional financial assistance for the Project; and
WHEREAS, the Local Public Agency has made detailed studies of the location,
physical condition of structures, land use, environmental influences, and social
cultural, and economic conditions of the Project area and has determined that the
area is a slum, blighted, deteriorated or deteriorating area and that it is detriment~l
and a menace to the safety, health and welfare of the inhabitants and users thereof
and of the Locality at large, because of damaged and destroyed buildings and residences,
c~maged and destroyed public utilities. such damage or destruction caused by actions
of the earthquake of March 27, 1964 and reSUlting seismic waves and submarine slides,
in addition to a predominance of substandard dwellings and defective street layout,
and the members of this Governing Body have been fully apprised by the Local Public
Agency and are aware of these facts and conditions; and
~~HEREAS, the Local Public Agency has caused to be made a competent independent
analysis of the local supply of hotel and other transient housing; and
\~EREAS, there has been prepared and referred to the Governing Body for review
and approval an Urban Renewal Plan for the Project area, dated April 29, 1964, Revised
August, 1964, and consisting of 10 pages and 7 Exhibits, supported by the following
supplementary material, data and recommendations, which material, data and recommenda-
tions are not a part of said Urban Ranelo/al PlaM Final f>1'oject Report and Exhibits;
and
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WHEREAS, said Urban Renewal Plan has heen approved by the Governin~ Body of the
Local Public Agency, as evidenced by the copy of said Body's duly certified resolution
approving said Urban Renewal Plan, which is attached thereto; and
\'lliEREAS, said Urban Renewal Plan for the Project area prescribes certain land
uses for the Project Area and will require, among other things, changes in zoning,
the vacating and removal of streets, alleys, and other public ways, the establishment
of new street patterns, the location and relocation of sewer and water mains an~ ot~er
public facilities, and other public action; and
~~EREAS, the Local Public Agency has prepared and suhmitted proposals for the
encouragement, to the maximum extent feasible, of the provision of dwellin~s suitable
for the needs of families displaced by the catastrophe or by renewal activities in
accordance with said Urban Renewal Plan; and
~njEREAS, there have also been presented to t~e Governing Body inform~tion ann
data respecting the relocation program which has been preparerl by the Local Public
Agency as a result of studies, surveys, and inspections in the Project area and the
assembling and analysis of the data and information obtained from such studies,
surveys and inspections; and
\\~EREAS, the members of the Governing Body have general knowledge of the
conditions prevailing in the Project area and of the availability of proper housing
in the Locality for the relocation of families displaced by the catastrophe or by
renewal activities in the Project area and, in the light of such knowledge of local
housing conditions, have carefully considered and reviewed such relocation program;
and
WHEREAS, every temporary loan and capital grant contract for a Section III Urban
Renewal Project shall obligate the Local Public Agency to meet the workable program
for community improvement requirement of Section 101(c) of Title I by a date deter-
mined by the Administrator to be reasonable; and
WHEREAS, it is necessary that the Governing Body take appropriate official
action respecting the proposals for relocation and said Urban Renewal Plan for the
Project, in conformity with the contract for financial assistance between the
Local Public Agency and the United States of America, acting by and through the
Housing and Horne Finance Administrator; and
l'IHEREAS, the Governing Body is cogni zant of the conditions that are imposed in the
undertaking and carrying out of urban renewal projects with Federal financial assistanr~
under Title I, including those prohibiting discrimination because of race, color, creed,
or national origin with respect to housing, facilities related to residential use,
and all public facilities within a project area; public facilities proposed as non-cash
local grants-in-aid; and employment;
NOl", THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THF. CITY OF SEWARD, ALASKA,
AS FOLLOI'lS:
1. That the city Council of the City of Seward, Alaska, hereby certifies that
the above-described urban renewal project area is in need of redevelopment or
rehabilitation as a result of the earthquake of March 27, 1964, which catastrophe
the President has determined to be a major disaster and which , as a result of the
after effects of, the Governor of the State of Alaska has certified the need for
disaster assistance.
2. That it is hereby found and determined that as a result of the factual
descriptions set forth above, the Project area is a slum, blighted, deteriorated
or deteriorating area and qualifies as an eligible Project area, in need of redevelop-
ment of urban renewal, as defined by Sections 18.55.510, 18.55.530, 18.55.932 and
18.55.950 of Alaska Statutes, Title 18, Chapter 55, and as a result of the foregoing
conditions, the area is in need of redevelopment or renewal.
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3. That it is hereby found that one or more slum or hlighted areas exist in
the City; that the redevelopment of the slum or blighted area described above is
necessary in the interest of the public health, safety, morals or welfare of the
residents of this City; and that the Alaska State Housing Authority is hereby
authorized to exercise all of the powers, functions, and duties in this City, under
Sections 18.55.480 - 18.55.960 of Chapter 55, Title 18, of Alaska Statutes, including
the preparation of the redevelopment plan for this project.
4. That said Urban Renewal Plan for the project aforementioned, having been
duly reviewed and considered, is hereby approved, and the City Clerk be and is hereby
directed to file said copy of said Urban Renewal Plan with the minutes of this
meeting;
5. That it is hereby found and determined that the financial aid provided an~
to be provided pursuant to said contract for Federal financial assistance pertainin~
to the Project is necessary to enable the Project to be undertaken in accordance with
the Urban Renewal Plan for the Project area.
6. That it is hereby found and determined that the above-mentioned Urban Renewal
Plan for the URBAN Renewal Area will afford maximum opportunity, consistent with the
sound needs of the Locality as a whole, for the urban renewal of such areas by private
enterprise.
7. That it is hereby found and determined that the proposals for the encouragement
to the maximum extent feasible, of the provision of dwellings suitable for the needs of
families displaced by the catastrophe or by renewal activities are feasible and can be
reasonably and timely effected to permit the proper prosecution and completion of the
Project.
8. That it is hereby found and determined, as a result of a competent independent
analysis of the local supply of transient housing, that there exists in the area a
need for additional units of such housing.
9. That it is hereby found and determined that the Urban Renewal Plan gives due
consideration to the provision of adequate park and recreational areas and facilities,
as may be desirable for neighborhood improvement, with special consideration for
the health, safety and welfare of children residing in the general vicinity of the site
covered by the Plan.
10. That, in order to implement and facilitate the effectuation of the Urban
Renewal Plan hereby approved, it is found and determined that certain official action
must be taken by this Body with reference, among other things, to changes in zoninp"
the vacating and removal of streets, alleys, and other public ways, the establishment
of new street patterns, the location and relocation of sewer an~ water mains and other
public facilities, and other public ac tion, and, accordingly, this Body hereby
(a) pledges its cooperation in helping to carry out such Urban Renewal Plan; (b)
requests the various officials, departments, boards, and agencies of the Locality having
administrative responsibilities in the premises likewise to cooperate to such end and
to exercise their respective functions and powers in a manner consistent with said
Urban Renewal Plan; and (c) stands ready to consider and take appropriate action
upon proposals and measures designed to effectuate said Urban Renewal Plan.
11. That this Body pledges its cooperation in assisting the Local Public Agency
to meet the workable program for community improvement requirement of Section 101(c)
of Title I by such future date as may be determined by the Housing and Home Finance
Administrator to be reasonable and as may be set forth in the Federal-aid (bntract.
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12. That additional financial assistance under the proVlslons of Title I of the
Housing Act of 1949, as amended, is necessary to enable the land in the Project area
to be renewed in accordance with the Urban Renewal Plan for the Project Area, and
accordingly, the filing by the Local Public Agency of an application or applications
for such financial assistance under said Title I is hereby approved.
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Passed and approved by the City of Seward, Alaska, this
1964.
ATTEST:
~ a2"cc ~~/ >' .)/).'1' tI.~
CITY CLERK
~~a~dJ
YOR
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EXHIBIT A - }~OUUDARY DESCRIPl'ION
Tbe Seward Area Renewal Project is located in the City of Seward,
Borough of Kenai, State of Alaska, and is described as follows:
Beginning at a point at the Northwest corner of Lot 7
Block 11 of Cliff /, :,'.i tion; then easterly along said lot,
a distance of 172.8 feet; then north 31 degrees 27 minutes
east, a distance of 211.2 feet; then north 71 degrees 50
minutes east, a distance of 198 feet; then north 52 degrees
15 minutes east, a distance of 660 feet; then south 37 degrees
45 minutes east to the mean lower low water line of Resurrection
Bay; then in a southerly direction along said mean lower low
water line to the intersection with the east right-of-way line
of First Avenue; then northerly to the intersection of the north
right-of-way line of Washington Street; then easterly to the
east right-of-way line of Third Avenue; then southerly to the
north right-of-way line of Railway Avenue; then in a northeasterly
direction to the west right-of-way line of Seventh Avenue; then
northerly to the south right-of-way line of Monroe Street; then
west to the west right-of-way line of Sixth Street; then north to
the north right-of-way line of "A" Street; then west to the
center line of an alley east of and parallel to Fifth Avenue;
then north, a distance of 200 feet to a point; then west to the
center line of Fifth Avenue; then north to the north right-of-way
line of "B" Street; then west to the center line of Fourth Street;
then north to the center line of "D" Street; then west to the center
line of an alley east of and parallel to Second Street; then north,
a distance of 155 feet to a point, then west to the west right-of-
way line of Second Avenue; then south, a distance of 45 feet to a
point then west to the eDst right-of-way line of First Avenue;
then north to the south right-of-way line of Mill Street; then
easterly along the south right-of-way line of Mill Street to the
east right-of-way line of Govern~ent Road; then northerly along
the easterly right-of-way line of Government Road to the northeast
corner of lot 7 block 11 of Cliff Addition which is the point of
beginning.
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CERTIFICATE OF RECORDING OFFICER
The undersigned hereby certifies that:
I. He Is the duly qualified and acting City Clerk of the City of5euJ<L~
AR=I1:l. .!.f,e, State of Alaska (herein called the "Locality", and the custodian
of the records of the Locality, Including the minutes of the proceedings of
the City Counc 11 (here i nafter ca II ed the "Govern I ng Body"): and Is du 1 y
authorized to execute this certificate. ~1
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2. Attached hereto Is a true and correct copy of a resolution, Including
the ~EREAS clauses, adopted at a meeting of the Governing Body held on the
S '-- day of /I"'<-d"_,r , 1964, (hereinafter called "Resolution of the
Governing Body"). (/
3. Also attached hereto is a true and correct copy of the Urban Renewal
Plan, which has been previously approved by the Alaska State Housing Authority
as evidenced by a duly certified resolution of that body attached to said Plan,
presented at said meeting, and approved by the Resolution of the Governing Body,
4. The Resolution of the Governing Body has been duly recorded in the
minutes of said meeting and Is now in full force and effect.
5. Said meeting was duly convened and held in all respects in accordance
wIth law and the by-laws of the Locality. To the extent required by law or
said by-laws, due and proper notice of saId meeting was given. A legal quorum
of members of the G9verning Body voted in the proper manner for the adoption of
the Resolution of the Governing Body. All other requirements and proceedings
under law, said by-laws, or otherwise, incident to proper adoption of the
Resolution of the Governing Body, including any publication, if required by law,
have been duly fulfilled, carried out and otherwise observed.
6. If the seal appears below, it constitutes the official seal of the
Locality and was duly affixed by the undersigned at the time this certificate
was signed. If no seal appears below, the LocalIty does not have and is not
legally required to have an official seal.
6.dt WITNESS WHEREOF, the undersigned
day of 1-:1-,. J "" /J -j- , 1964.
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has hereunto set his hand this
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CIty Clerk
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URBAN RENEWAL PLAN
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SEWARD AREA URBAN RENEWAL PROJECT
PROJECT NO. ALASKA R-21
SEWARD, ALASKA
APRIL 29, 1964
REVISED AUGUST, 1964
ALASKA STA'IE HOUSING AUTHORITY
BOX 179
ANCHORAGE, ALASKA
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The Urban Renewal Plan for the Seward Area Renewal Project consists of the
following narrative plan and the attached maps as follows:
l. Project Boundary Map Code C-213 Exhibit 1
2. Land Use Plan Map Code C-213 Exhibit 2
3. Land Acquisition Map Code C-213 Exhibit 3
4. Project Area Map Code C-213 Exhibit 4
5. Proposed Zoning Map Code C-213 Exhibit 5
6. Street Improvement Map Code C-213 Exhibit 6
'rITIE PAGE
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1
A. TABLE OF CONTENTS
2
C. LAND USE PLAN
Land Use Provisions and Building RequirellEnts
Land Use Plan Map Code C-213 Exhibit 2 follows page
3
3
3
3
4
4
4
B. DESCRIPTION OF THE PROJECT
Boundaries of the Urban Renewal Area
Types of Proposed Renewal Action
Boundary Map Code C-213 Exhibit 1 follows page
D. PROJECT PROPOSALS 8
Property Acquisition 8
Land Acquisition Maps Code C-213 Exhibit 3 follows page 8
Key for Property Map
Property Map A
Property riJap B
Rehabilitation and Conservation
Redevelopers' Obligations
8
8
E. OTHER PROVISIONS NECESSARY TO MEET STA'lE AND LOCAL REQUIREMENTS 10
Project Area Map Code C-213 Exhibit 4 follows page 10
Proposed Zoning Map Code C-213 Exhibit 5 follows page 10
Street ImprovellEnt Map Code C-213 Exhibit 6 follows page 10
F. PROCEDURE FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN 10
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B.
DESCRIPTION OF THE PROJECT
1. Boundaries of the Urban Renewal Area
a. Boundary Description: The Seward Area Renewal Project is located
in the City of Seward, Borough of Kenai, State of Alaska, and is
described in Exhibit A, attached hereto and made a part of the Urban
Renewal Plan.
b. Boundary Map Code C-213, Exhibit 1 (See following page) . The perirreter
boundary of the project, described in narrative form in Exhibit A,
attached hereto and made a part of the Urban Renewal Plan, is clearly
illustrated and firmly established on the Boundary Map.
2 . Types of Proposed Renewal Action
The Urban Renewal actions to be carried out in the project area pursuant
to this Plan include the following: (a) the acquisition and clearance of
substandard structures and of other existing uses incompatible with the land
use objectives of this plan; (b) the development of waterfront recreational
facilities directly related to and in support of a small boat harbor and
marina; (c) the development of a revised street pattern fully adequate to
meet the needs of the corrmunity and enhancing the waterfront recreational
developrrent; (d) the provision of needed sites for industrial development.
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C.
LAND USE PLAN
1. Land Use Plan Map Code C-213, Exhibit 2 (see following page). Existing and
proposed street rights-of-way and other public uses, any special purpose uses,
and all other planned uses in accordance with categories of uses established
in the zoning ordinance of the City of Seward are shown:
2. Land Use Provisions and Building RequireJrents.
a. Residential Developrrent
In the portions of the area designated for residential and related uses,
uses, develop~Gent shall be Subject to the follOWing controls:
Medium Density Residential
Land Use: The following uses would be pennitted:
Single family dwelling
Two family dwelling
Public schools
Public buildings
fublic parks and playgrounds
Churches
Uses acessory to any of the above
Maximum Building Height: Two stories but not to exceed 30 feet.
Minimum Lot Area: The mininwn lot area shall be 6,000 square feet and
the mininwn lot width shall be 60 feet.
Front Yard: The mininwn front yard shall be 25 feet.
Side Yard: The mininwn side yard shall be 6 feet. On the street
side of a comer lot the side yard shall be a mininwn of 10 feet.
Rear Yard: The minimum rear yard shall be 20 feet.
Off-Street Parking: There shall be one off-street parking space
provided for each dwelling illlit. Each off-street parking space shall
contain not less than 180 square feet exclusive of access drives.
b. Cornrrercial DevelopJrent
In the portions of the area designated for cOllllrercial uses, development
shall be subject to the follOwing controls:
Service Commercial
Land Use: The following uses would be permitted:
Multiple family dwellings
Motels or hotels
Restaurants
Other retail service establishments to serve the needs of tourists
Public buildings
Churches
Uses accessory to Any of the above
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Maximum Building Height: Two stories but not to exceed 30 feet.
Minimum Lot Area: The minimum lot area shall be 6,000 square feet and
the minimum lot width shall be 60 feet.
Yards: No front, side or rear required except for a building designed
or intended for residential uses. Such a residential use shall have
the sarre minimum yards as are required for a two family re:::ldential
use.
Off-Street Parking: There shall be one off-street parking space for
a retail store or business for each 400 square feet of gross floor
area. Each off-street parking space shall contain not less than 180
square feet exclusive of access drives.
Off-Street Loading: For buildings containing 2,000 to 20,000 square
feet of floor area, one off-street loading berth shall be provided.
An additional loading berth shall be provided for each additional
20,000 square feet of floor area or fraction thereof. A required
loading berth shall be at least 15 feet in width and at least 20 feet
in length, exclusive of aisle and maneuvering space, and shall have a
vertical clearance of at least 14 feet.
c. Industrial Developrrent
In the portions of the area designated for industrial uses, developrrent
shall be subject to the following controls:
Land Use: The folloi.,ring uses would be pennitted:
Wholesaling and warehousing
Transportation or trucking tenninal
Road equipment maintenance, repair and storage
Industrial uses of a non-noxious and nonhazardous nature
Uses acessor,y to any of the above
Maximum Building Height: Three stories or 50 feet.
Minimum Lot Area: None required.
Yards: No front, side or rear yards are required.
Off-Street Parking: There shall be one off-street parking space
for each three errployees or for each 400 square feet of gross floor
area, whichever results in the maximum number of parking spaces.
Each off-street parking space shall contain not less than 180 square
feet exclusive of access drives.
Off-Street Loading: For buildings containing 4,000 to 20,000 square
feet of noor area, one off-street loading berth shall be provided. An
additional loading berth shall be provided for each additional 20,000
square feet of floor area or f:r:action thereof. A required loading
berth shall be at least 15 feet in width and at least 20 feet in length,
exclusi ve of aisle and maneuvering space and shall have a verticle
clearance of at least 14 feet.
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d. Public and Semi-Public Ieveloprrent
In the portions of the area designated for public and semi-public
uses, development shall be subject to the following controls:
Land Use: '!he following uses would be permitted:
Goverrurental offices and buildings
Public Schools
Ci vic and cultural buildings
Park and recreation areas including small boat harbor operations
Hospital
Charitable or other semi-public institutions
Uses acessory to the above uses
Maxirrwn Building Height: Three stories or 50 feet.
Minimum Lot Area: None required.
Yards: No front, side or rear yards are required.
Off-Street Parking: The following off-street parking spaces shall
be provided for public and semi-public uses whether located within
a Public Use district or elsewhere in the project area:
Church, general auditorium, high school auditorium,
civic and cultural buildings - one off-street parking
space for each five seats based on maximum seating capacity.
Hospital - one off-street parking space for each four beds
based on maximum capacity.
Goverrurental offices and buildings - One off-street parking space
for each three errployees
Park and recreation areas - Sufficient off-street parking to
prOvide for the needs generated by the park and recreation facility
as determined by the City Plarming and Zoning Ccmission.
Off-Street Loading - The following off-street loading berths
shall be prGvided for public and semi-public uses whether located
within a Public Use district or elsewhere in the project area.
Adequate off-street loading facilities to provide for the receipt and
distribution of materials or rrerchandise shall be provided as
determined by the City Plarming and Zoning Commission.
e. Additional Regulations, Controls and Restrictions to be Irrposed
by the Plan on the Sale, Lease, or Retention of all Real Property
Acquired.
In addition to the controls, and restrictions to be irrposed by the
Plan on all real property acquired which are set forth in the preceding
pages, the following restrictions will also be enforced:
No permanent structures of any type except for toilet facilities
and service facilities shall be constructed within the urban renewal
proj ect in any areas designated on the Urban Renewal Plan map as
High Risk Area. This restriction is applicable to all areas designated
for public or semi-public use as well as areas designated for private
use . '!he boundaries of the areas designated as HigtJ Risk Area are
those boundaries that have been established by the Scientific and
Engineering Task Force of the Federal Reconstruction Commission
for Alaska.
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f. Initiation and Duration of Land Use Provisions and Building
Requirements.
The land use provisions and building; requireID2nts set forth in
Section C 2, above, will be in full force and effect for a period
of forty years from the date they are legally recorded.
g. Applicability of Land Use Provisions and Building Requirements
to Real Property Not to be Acquired.
The land use provisions and building requireID2nts set forth in
Section C 2, above, will be applicable to real property included
within the project area when the owner thereof acquires other
real property in the project area from the Alaska State Housing
Authority, as well as to all publicly owned real property which
is conveyed to the City.
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D. PROJECT PROPOSALS
1. Property Acquisition
a. Real property to be acquired for clearance and redevelopment and
development of vacant land, and also that land to be acquired for
public facilities, is identified on the following Property Acquisition
Plan Maps Code C-213, Exhibit 3. All structures including dwellings
are to be cleared from the areas which it appears would be subject
to recurring disaster.
1) Key for property map and parcel ownership area tabulation
(see following page)
2) Property maps A and B (see following pages)
b. Conditions under which properties not designated for acquisition
may be acquired.
Any property within the project area which is not designated for
acquisition on the Land Acquisition Plan and which does not Ireet
the minirm1m building and housing requirements of the City of
Seward will be subject to acquisition if the owner thereof does
not, within a reasonable period of time, bring the property into
compliance with the applicable codes and ordinances of the City
of Seward.
c . Condi tion under which properties identified to be acquired may be
exempted from acquisition.
Any property which is not located within the area of the project
designated High Risk Area and which property is not needed for
public facilities may be removed from the Land Acquisition Plan
under the following conditions:
'Ihe owner of the property must present to the Alaska State Housing
Authority a feasible plan for bringing the property into compliance
with all applicable codes and ordinances of the City of Seward.
'The owner of the property must agree to carry out the plan as
approved by the Alaska State Housing Authority within a reasonable
period of time. Failure to do so would result in the property
being acquired and cleared.
2. Rehabilitation and Conservation
All property in the project area not to be acquired shall comply or be
made to comply with the building, housing and all other applicable codes
and ordinances of the City of Seward.
3. Redevelopers' Obligations
'Ihe land acquired by the Alaska State Housing Authority will be disposed
of subject to an agreeIrent between the Authority and the Redeveloper.
'!he Redeveloper will be required by the contractual agreement to observe
the Land Use and Building Requirement provisions of this Urban Renewal
Plan and to submit a redevelopment schedule satisfactory to the Alaska
State Housing Authority. '!he Redeveloper will not be pennitted to defer
the start of construction for a period longer than that required for the
preparation of necessary redevelopment plans and the approval of such
plans by the Alaska State Housing Authority.
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In addition, the following provisions will be included in the agreen:ent:
a. That the Redeveloper will submit to the Alaska State Housing
Authority a plan and schedule for the proposed developn:ent.
b. That the purchase of the land is for the purpose of redevelopment
and not for speculation.
c. That the land will be developed in conform1 ty with the provisions
of the Urban Renewal Plan.
d. That the building of irrprovements will be commenced not later than
a specified tirre and corrpleted not later than a specified tirre.
e. That the Redevelopers, their sucessors or assigns, agree that
there will be no discrimination against any person or group of
persons on account of race, creed, color, national origin, or
ancestry, in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enj oyment of the premises therein conveyed or improve-
rrents constructed thereon, nor will the Redeveloper himself, or
any person claiming under or through him, establish or permit any
such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of
tenants, lessees, sublessees, or vendees in the premises therein
conveyed or improvements constructed or to be constructed thereon.
Purchasers of land in the project area, lessees, and owner participants
will be obligated by rreans of appropriate covenants running with the
land to devote the land to the uses specified in the Urban Renewal
Plan; and to refrain from:effecting or executing any agreement,
lease, conveyance or other instrurrent whereby any parcels in
the project area owned by them are restricted upon the basis of
race, religion, color or national origin in the sale, lease, or
occupancy thereof.
The above provisions will be perpetual and will run with the land
disposed of wi thin the urban renewal area by the Alaska State Housing
Authority.
- 9 -
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R-2l
JC, . OTHER PROVISIONS NECESSARY 'TO MEET STA'IE AND LOCAL
REQUIREfiENTS
a. Existing land use and building conditions are identified on the
Project Area Map (see code C-213, Exhibit 4).
b. Proposed zoning changes are identified on the proposed zoning
map (see Code C-213, Exhibit 5).
c. Existing street and proposed changes in streets within the Urban
Renewal Project area are identified on the Street Improvement
Plan (see Code C-213, Exhibit 6).
The level and grCides of streets within the project area will be
established to conform to topographic levels resulting from land
filling and construction work necessitated as a result of the dis-
aster of March 27, 1964.
d. No changes in existing building codes or ordinances are necessary
to carry out the proposals of the Urban Renewal Plan.
e. The Land Use Map (see Code C-213, Exhibit 2) indicates the site
plan for the urban renewal area.
f. The additional public facilities and utilities which will be required
to serve the urban renewal project area are as follows:
Water Improvements
Sanitary Sewers
Storm Drainage
Street Improvements
Recreational Facilities
g. The standards of population density, land coverage and building
density will be the maximum allowed under local, state and federal
and all other applicable rules and regulations pertaining to an
open land space use.
F. PROCEDURE FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN
The provisions of tliis Urban Renewal Plan may be modified or aIrended
or additions made thereto at any time by the Alaska State Housing Authority,
provided that any such changes, arrendIrents, or additions made subsequent
to the sale or lease of land in the project area by the Alaska State Housing
Authority shall be concurred in by the owners or lessees of the land
affected by such changes, arr.endIrents or additions.
i'lhere the proposed modification, amendIrent or addition will substantially
change the Urban Renewal Plan as previously approved by the City Council
of the City of Seward, the modification, arrendment or addition must be
approved by the City Council.
- 10 -
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AGREEMENT
ALASKA R-2l
SEWARD AREA
SEWARD, ALASKA
THIS AGREEMENT, by and between the City of Seward, Alaska, herein
referred to as the City and the Alaska State Housing Authority, a public
corporate authority of the State of Alaska, herein referred to as the Local
Public Agency,
WITNESSETH :
~~, under Title I, Section III of the Housing Act of 1949, as
amended, the Housing and Home Finance Administrator is authorized to
extend urban renewal assistance to local public agencies in disaster areas;
and
WHEREAS, certain urban areas within the City are in need of redevel-
opment or rehabilitation as a result of the earthquake of March 27, 1964,
which the President has declared to be a major disaster; and
WHEREAS, the Local Public Agency has undertaken a project in the
City described as follows:
All area within the Seward Urban Renewal Area.
Project No. Alaska R-21.
and
WHEREAS, the City is required to submit a workable program to the
Local Public Agency within a reasonable time from the date of the Contract
for Loan and Grant;
NOW, THEREFORE, it is agreed by and between the parties that;
The City hereby agrees to submit a workable program on or before
one year after the Contract for Loan and Grant has been executed for the
above described project.
cm OF
Seward, Alaska
ALASKA STATE HOUSING AUTHORITY
BY 0?~~a4/~
Perry n. ~~9~n.
31~.W~_-
City ~~.r C/
Atte.H. :
yZe1~~_~. ~.7L:~r~.
~tr ce ~. datta
:a<:.y .ae:rk..rr.o.~.
By ;bjq~~~-,
~ Tolbert E. Elliott
Executive Director
August 4, 1964
W ~d~J r:~CL..~~'-
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SEWARD URBAN RENEWAL AREA
AGREEMENT FOR STATE GRANT OF FUNDS
PROJECT ALASKA R-21
THIS AGREEMENT. made this 4th day of August. 1964. by and between the State of
Alaska by and through the Governor, hereinafter referred to as the "Statell, the Alaska
State Housing Authoritv. a public corporate authority of the State of Alaska, herein-
"fter referred to as the "Local Public Agency". and the City of Seward, Alaska. here-
'after referred to as the "City".
~J ITNESSETH:
WHEREAS, under Title I of the Housing Act of 1949, as amended, the Housing and
Home Finance Administrator is authorized to extend urban renewal assistance to local pub-
lic agencies in disaster areas; and
WHEREAS, pursuant to the provisions of AS 18.55.480-960 the Local Public Agep(
has undertaken an urban renewal project in the City described as Project No. Alaska R-21,
which project was made necessary by damage caused by the earthquake of March 27, 1964;
, and
WHEREAS. Chapter 105. SLA 1964, enacted by the legislature of the State of
Alaska and approved May 29, 1964. authorized an amount not to exceed $6,500.000.00 to
be expended to provide municipalities damaged by the earthquake of Harch 27. 1964, with
grants of funds to match federal funds under Federal urban renewal programs up to ten
percent (10%) of the aggregate of the net project costs of the urban renewal project;
and
WHEREAS. the State has considered the following standards:
1. The amount of participating money available from the United States Gov-
ernment for urban renewal;
2. The amount and availability of funds from other sources to meet the mun-
icipalities' required contribution of matching funds;
3. Whether or not the urban renewal project was made necessary by the earth-
quake of March 27, 1964;
4. The needs of other municipalities damaged by the earthquake for funds to
match federal funds for urban renewal projects, and the urgency of the
needs of other communities as compared with the community under consider~'
tion;
5. The cost of the urban renewal project;
6. The general welfare of the State and its inhabitants, and;
WHEREAS. the State has determined that the City is eligible for grants of
4'''rrl<; in the amount of ten percent of the aggregate of the net project costs of the
"'.ba.l renewal project made necessary by damage caused by the earthquake and described
above;
NOV, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT:
I. The State hereby agrees to provide the City with a grant of funds in the
amount of ten percent (10%) of the aggregate of the net project costs of
the Urban Renewal Project described above, not to exceed $ ~~U:~
. 159,422 \00
2. The CIty hereby agrees to provide to the Local Public Agency from tnat
State grant of funds referred to In Section I above. an amount which.
taken together with all local grant-in-aid credits for the project. will
enable the Local Public Agency to contribute, in full, the 10% local share
of the net project cost.
IN \oJITNESS HHEREOF the parties hereto set their hand.
STATE OF ALASKA
--
ALASKA STATE HOUSING AUTHORITY
BY~~
'Tolbert E. Elliott
Executive Director
C ITV OF SE\oJARD
By~ii~~
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91,
-
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LOCAL GRANT- IN-AID
AND
~~ COOPERATION AGREEMENT
by and between the
City of Seward, Alaska
( local government )
and the
Project No. Alaska R-21
Project Name Seward Area
Alaska State Housing Authority
( Local Public Agency )
!
'.,
LOCAL GRANT-IN-AID AND COOPERMION AGREEMENT
\
_THIS AGREEMENT, entered into this 7 a day of August, by and
!~
between the City of Seward of the State of Alaska, (herein called the
"Local Government") and the Alaska State Housing Authority, a public
body corporate and politic, duly created and functioning under the
laws of the State of Ala.ska (herein called the "Local Public Agency")
WITNESSETH: that
WHEREAS, the Local Public Agency in accordance with and pursuant
to Alaska Statutes 18.55.480 Et. Seq. is undertaking an urban renewal
project, known as Seward Area (herein called the "Project") located in
that area (herein called the "Urban Renewal Area") of the City of Seward,
State of Alaska, more specifically bounded and described as follows:
Beginning at a point at the Northwest corner of Lot 7 Block 11 of Cliff
Addition; then easterly along said lot, a distance of 172.8 feet; then
north 31 degrees 27 minutes east, a distance of 211.2 feet; then north
71 degrees 50 minutes east, a distance of 198 feet; then north 52 degrees
15 minutes east, a distance of 660 feet; then south 37 degrees 45 minutes
east to the mean lower low water line of Resurrection Bay; then in a
southerly direction along said mean lower low water line to the inter-
section with the east right-of-way line of First Avenue; then northerly
to the intersection of the north right-of-way line of Washington Street;
then easterly to the east right-of-way line of Third Avenue; then south-
erly to the north right-of-way line of Railway Avenue; then in a north-
easterly direction to the west right-of-way line of Seventh Avenue; then
northerly to the south right-of-way line of Monroe Street; then west to
the west right-of-way line of Sixth Street; then north to the north right-
of-way line of "A" Street; then west to the center line of an alley east
of and parallel to Fifth Avenue; then north, a distance of 200 feet to a
point; then west to the center line of Fifth Avenue; then north to the
north right-of-way line of "B" Street; then west to the center line of
Fourth Street; then north to the center line of "D" Street; then ,lest
to the center line of an alley east of and parallel to Second Street;
then north, a distance of 155 feet to a point, then west to the west
right-of-way line of Second Avenue; then south, a distance of 45 feet to
a point then west to the east right-of-way line of First Avenue; then
north to the south right-of-way line of Mill Street; then easterly along
the south right-of-way line of Mill Street to the east right-of-way line
of Government Road; then northerly along the easterly right-of-way line of
Government Road to the northeast corner of lot 7 block 11 of Cliff Addition
which is the point of beginning.
r
-2-
WHEREAS, the Project involves undertakings and activities by the Local
Public Agency in the Urban Renewal Area for the elimination and for the pre-
vention of the development or spread of slums or blight and involves slum
clearance and redevelopment or rehabilitation and conservation, or a combina-
tion or part thereof in accordance with a plan (herein called the "Urban
Renewal Plan") adopted by the Local Public Agency by its resolution dated
the f~ay of August, 1964, and approved by the governing body of the Local
Gover=ent by Resolution ac16pted the -bU day of August, 1964; and
WHEREAS, the slums and conditions of deterioration and blight existing
in the Urban Renewal Area constitute a menace to the community and are detri-
mental to the health, safety, morals and welfare of the residents of the
community; and the elimination of said slums and conditions ,~f deterioration
and blight by the Local Public Agency with Federal financial assistance pro-
vided pursuant to Title I of the Housing Act of 1949, as amended, is necessary
for the protection and preservation of the public health, safety, morals and
welfare; and that the carrying out of the Project is in the public interest;
and
WHEREAS, in order for the Local Public Agency to effectuate the Urban
Renewal Plan and to undertake and carry out the Project, the assistance of
both the United States of America (herein called the "Federal Gover=ent")
and the Local Government is required; namely of the Federal Gover=ent by
lending funds needed to defray a substantial portion of the gross project cost
of the Project and by contributing not more than ninety per cent of the aggre-
gate net project cost of this Project and any other project heretofore under
a Title I contract for grant; and of the Local Gover=ent by
. .
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n:.:lking certain local grants-in-aid (required by Title I of the Housing Act
of 1949, as amended) as hereinafter provided. in a total amount equal to the
balance of the net cost of tho Project; and
IfJHEREAS. upon the basis of reasonable estimates of cost prepared by the
Local Public Agency, it appears that the presently estimated net project
cost of the Project to be incurred by the Local Public Agency in carrying
out the Project. constituting the difference between the gross cost of the
Project and the proceeds derived from the disposition of the land amounts to
One million; six hundred seventy nine thousand,
approximately
cP'Uon hllnrl1"~r1 +"l'.1Al'i+J' f'i1.TP
DOLLARS
($ 1,679,725 ), of which amount the Federal Government is expected to
One million, five hundred eleven
provide an amount estimated to be thnlJ""11l11, ",pvpn hllncJrpcJ f'if'ty thrpp. DOLLARS
($. 1,511,753
), in the form of a capital grant. leaving a balance of
seventy two.
seven thousand, nine hundred DOLLARS ($ 167. q72
)
One hundred sixty
to be provided in the form of local grants-in-aid; and
IfJHEREAS. the Local Public Agency has applied to the Federal Government
for financial assistance under the aforesaid Title I and is desirous of
entering into a contract with the Federal Government for a loan and capital
grant (herein called the "Title I Contract") and it now devolves upon the
Local Government to take certain actions and to make provision for certain
local grants-in-aid as hereinafter specified; and
WHEREAS. it is necessary and in the sound interest of the community and
othenvise beneficial and advantageous for the Local Government to provide for
the local grants-in-aid hereinafter specified and to otherwise cooperate ~ith
the Local Public Agency in carrying out the Project to the end that deleee-
rious conditions in the. Urban RQnewal }.rea be removed and th:l.t the Urban
J
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i,
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Renewal Area be renewed in accordance with sound practical planning objec-
tives, which renewal will result in increases of tax revenues from the
Urban Renewal Area. decrease in expenditures and contribute materially to
the well being, progress and development of the community as a whole;
NOW, THEREFORE. pursuant to the. provisions of a:;S IS, .b-~ ~go
d A-Lr.
and in consideration
of the benefits to accrue-LO the Local Government. the community and the
citizens thereof from said Project, and of the covenants hereinafter set
forth. the Local Government and the Local Public Agency do agree as follows:
SEC. 1. The Local Government and the Local Public Agency agree that
Local Grants-in-Aid. cash and/or non-cash. shall be provi~ed or furnished
for the Project as hereinafter set forth:
(a) Cash Local Grants-in-Aid shall be. or have been. paid or
made available in accordance with the. foll~7ing table:
T.ABLE OF CASH LOCAL GRANTS- IN- AID
,
I
.1
j
1
I
j
1
Ite.m
Amount
1..
Actual amount .of local non-Federal funds already
e^~ended in planning of the Project under Letter
to Proceed issued by Fede.ral Government on
, 19 ---.------------
o
00
2.
Estimated amount of Real Estate Tax, credits under
Section 110(e) of Title I, Housing Act of 1949.
as amended------------------------~-~---------------
3.
Total amount of cash payment by City
of Seward (the providing entity)
to the Local Public Agency for the Project. Said
amount of money to be furnished by the providing
entity from State of Alaska Grant'
and shall be paid in cash when req,.
'}
1 $l59,422
t
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TABLE OF CASH LOCAL GRANTS-IN-AID (Continued)
I
Item
.Amount
4. Cash grant out of the proceeds from the sale
of Local Public Agency tax allocation bonds.
Sale to be held on or before. , lS_ $ n
.
,
5. Other
,...
$ 0
6. TOTAL CASH LOCAL GRAh'TS- IN-AID $ 159,422 I
I I
The Local Government and the Local Public Agency with respect to the
local grants-in-aid for which amounts are set forth in the foregoing
table. hereby agree as follows:
(i) That the Local Government. to the extent of the amount s~t
forth opposite Item 2 (real estate tax credits). will refrain. and
will have all other t~xing bodies refrain. from seeking payments in
lieu of taxes from the Local Pcblic Agency;
(ii) That the amount set forch opposite Item 3 (cash payments)
is subject to later adjustment as provided in subsection (c) of this
Section 1 and that if any part of said amount is actually paid by the
Local Government as herein provided and is subsequently found to be in
excess of that required for the Project under the Local Public Agency's.
~itle I Contract. that such,excess shall. if so provided in the Title I
Contract. be treated as a non-interest-bearing local loan to the
Project. repayable only upon completion of the Project and discharge
of all other indebtedness of the Local Public Agency respecting
the Proje<:t;
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(1ii) That with respect to all or any part of the arr.ount set
forth opposite Item 3 (cash payrecnt~) to be paid pri~~rily by the
Local Goverr~cnt to the Local Public Agency, the Local Government
will promptly pay such amount in cash to the Local Public Agency at
the tirec indicated under Item 3 of the above table without request
therefor by the Local Public Agency;
(iv) That with respect to all or any part of the amount set
",'';;'
forth opposite Item 3 (cash payments) to be paid by entities other
than the Local Government, the Local Government will take all steps
and actions which it may lawfully so do to see that such amount is
t{rn~ly paid by such other entities, and in the event that such
amount or any part thereof is not so paid by such other entities on
or before dates specified under Item 3 of the above table, the Local
Government will itself promptly pay to the Local Public Agency from
wpztever source or sources i~ may lawfully so do, an amount, which
together with the amounts, if any, paid by the other entities, is
not less than the a~~unt set forth opposite Item 3 (cash pa~cments);
(v) That with respect to the amount set forth opposite It~ 4
\
(cash grant out of proceeds from the' sale of tax allocation bon~~)
the Local Government will take all steps and actions to facilit;;.te
the sale of the Local Public Agencyts tax allocation bonds, and in
_tha event that such bonds are not sold on or before the date spe~ifie1
under Item 4 of the above table, or in the event that such amount or
any part thereof is not realizable or available on or before said date
to the Local Public Agency from its sale of tax allocation bonds, the
Local Gover=ent will promptly pay to the Local Public Agency, from
whatever source it may lawfully so do. an amount. which together with
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t~~ amount. if any. 'vhich ~y be' rc~lizcd from any such sale that may
h~vc been held, is not less thun tho amount set forth opposite Item 4
(c~sh grunt out of the proceeds from the sale of tax allocation bonds);
:::.nd
(v~) ,That the Local Public ^gcncy will, within twenty-four hours
:::.rter receipt thereof, deposit all cash grants-i~aid received by it.
fro~ w~tevcr source, in the Project Expenditures Account maintained
by it for the Project<in accordance with its Title I Contract and
the Local Public Agency will expend such monies so deposited only in
accordance with said contract. The parties hereto further specifically
agi:ee that u;,::on completion of the pro'ject if whatever amount, -including
no amount. is set forth opposite Item 5 (total cash grants-in-aid) of
the above table, together with the total creditable cost or value of
~on-cash Loc411 Grants- i~Aid acti.:ally provided for the Project, i.s
lc~s than that required for the Project under the Local Public Agency's
Title I Contr~ct, said amount will be appropriately adjusted upward
or incrcaced pursuant to the provisions of Subsection (c) of this
Section 1 (the ~ount of said upward adjustment or increase being
hereinafter called "Deficiency Cash Local Grant-in-Aid"). and the
Local Government, from whatever funds it may lawfully so do. will
pay such Deficiency Cash Local'Grant-in-Aid in cash to the Local
\ Public Agency upon demand "therefor. The Local Public Agency will
promptly deposit such Deficiency Cash Local Grant-in-Aid in the
appropriate fund required by the Local Public Agency's Title I
Contract and the Public Agency will use such Deficier~y Cash Local
G~~~t-in-Aid for the purpose of paying the obligations and ?ther
indebtedness of the Project and for such other purposes as may b~
proper under the Local Public Agency's Title I Contract.
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(b) The Local Government agrees itself to provide, furnish,
or accomplish or to cause othetsto provide, furnish, or accomplish
i.
iQr the Project, and without cost to the Local Public Agency, certain
lands;ipublic worl<s, improvements, or actions (herein called "Non-cash
I
Local Grants-in-Aid"). as set forth and identified in the Schedules
under Section 9 of this Agreement. having an aggregate total cost or value
of approximately Eight ,thousand. five hundred fifty.....
DOLLARS ($ 8,550.
) of
which aggregate total amount approximately
Eight thousand, five
rmnnT'ed fj ft,y
DOLLARS ($ 8. 'i'iG
) is es tima ted
as being eligible for Non-cash Local Grant~in-Aid credit under the
Local Public Agency's Title I Contract and Title I of the Housing Act
of 1949, as amended. In connection with the providing or furnishing
of No~Cash Grants-in-Aid, the parties agree as follows:
(1) Parcels, lots, or tracts 'of land, if any, as
set forth and identified in Schedule 1 of Section 9 of this
Agreement shall be donated to the Project without cost to the
Local Public Agency. Legal title to said lands shall be
transferred to the Local Public Agency within a reasonable
time after request therefor in fee simple, free and clear
of all encumbrances and restrictions, and shall include
all structures. buildings and other improvements located on
said lands. Non-cash Local Grant-in-Aid credit shall be
the fair market value of such land as of the time of its
. transfer and as determined pursUant to the provisions of the
Local Public Agency's Title I Contract and Title I of the
Housing Act of 1949. as amended. ;
I
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(2) Demolition and removal work. if any, to be
don~ted to the Frojcct sh~ll be sct forth and identified in
Schedule 2 of Section 9 of this Agreement; shall be by the
aw~rd of contract or by force account, aod in accordance with
a time schedule mutually agreeable to the Local Government
and the Local Public Agc~~y aod pursuant to such plans and
requiremen;s of the Project; shall involve the demolition,
removal and .clearance, without cost to the Local P~blic .
Agency, of such buildings. structures, and other improvements
as may be designated by the Local Public Agency; and shall be
in a manner satisfactory to the Local Public Agency. For all
such demolition. removal. and clearance work so accomplished,
Non-cash Local Grant-in-Aid credit shall be the actual cost
of such work as determined pursuant to the provisions of the
Local Public Agency's Title I Contract and the provisions
of Title I of the Housing Act of 1949. as amended.
(3) The installation, construction, or reconstruction
within the Urban Renewal Area of streets, utilities. parks.
playgrounds and other necessary improvements (herein called
"Site Improvementsli), if any. shall be as set forth and
identified in Schedule 3 of Section 9 of this Agreement; shall
be in accordance with a time schedule mutually agreeable to
the Local Public Agency and the providing entity; shall be
pursuant to such plans and specifications as will conform to
the plans and requirements of the Project and othenvise satis-
factory to the Local Public Agency and as required by the
Urban Rene~val Plan; and shall be without cost to the Local
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Public Agency. Non-c~sh local grant-in-aid credit for each
Site Im?rovemcn~ so provided shall be in an amount equal
to the percentage (set forth in Schedule :3 of Section 10 of
this Agreement) of the actual cost to the providing entity
of the Site ImpJ:'ovement:. The words "actual cost" as used
herein mean the actual cost to the providing entity as deter-
mined i~.accordance with the Local Public Agency's Title I
Contract and the provisions of Title I of the Housing Act of
1949, as amended.
(4) The provision, erection, iustallation, construc-
tion, or reconstruction, within or without the Urban Renewal
Area, of public buildin0s or other public facilities necessary
for carrying out urban renewal objectives in accordance with
the Urban Rene,val PLln (herein called "Supporting Facilities").
if any, shall be as set forth and identified in Schedule 4 of
Section lOof this Agrcc~.Bnt; sl~ll be in accordance with a
tice schedule mutually agreeable to the Local Public Agency
and the providing entity; shall be pursuant to such plans and
specifications as will conform to the plans and requirements
of the Project and othc~,vise satisfactory to the Local Public
Agency and as required by the Urban Renewal Plan; and shall be
without cost to the Local Public Agency. Non-cash local grant-
in-aid credit for e~ch Supporting Facility so provided shall
be in an amount equal to the percentage (set forth in Schedule 4
of Section ill of this Agreement) of the actual cost to the
providing entity of the Supporting Facility. The words
I
I
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I
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i
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\l.::lctu:J.l co~t" .as
used herein mean the actu~l cost to the
p~oviding entity as dete=mined in accordance with the Local
Public Agency's Title I Contract and the provisions of Title I
of the Housin3 Act of 1949. as ~mended.
that cash and non-cash 10~
one~1/3)~t;~~ate
~ctual net cos~,of this and all other projects of the Local Public Agency
(c) It is understood cnd agreed
grants-in-aid in an amount not less than
heretofore under a Title I g=ant contract are required to be provided,
and thet the amounts herciuaCcva set.forth are based on estimates. and
that if the actual aggregate net cost of such projects (as determined
by the Local Public Agency in aacordar~e with its Title I Contract with
the Federal Government) is g~eater or less than the estimated ag3regate
roet cost of such projects. the amount of cash payments herein provided
to be =de to the Local Public Agency as s.et forth in this Section 1
above, shall be appropriately adjusted.
(d) The Local Govc~r$cnt represents to the Local Public
Agency th~t the Local G~ants-in-Aid> cash and non-cash, as set forth
in this Agrecmerot, sr~ll be paid for or shall come from the sources of
funds indicated in the res?cctive table or schedules for such Local
Grants-in-Aid and, with res?ect to the sources of funds to be provided
by entities other than the Local Government, the Local Government has
investigated and has reason to believe that such sources are now or may
rcasor~bly be expected in the time needed, adequate to pay for or
provide such Local Grants-in-Aid, and that, where the Local Government
has u.~dertaken by this Agreement to obligate itself to provide or
;;:u=nish Local Grants-in-Aid. cash or nan-.cash. the Local Govcr=ent
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hereby sto~es th~t it has the nccc$$crJ financial capacity and willing-
ness to ~cy or provide such Local G~cnts-in-Aid as indicated and in
~hc event of any of the indicated sources shall be inadequate~ the
Loeal Govc~l~ent hereby agrees to fu~nish the needed funds from what-
ever source it may la~"fully so do. The Local Government further
~g~~~s with r~spect to any and ull non-cash grants-in-aid which is to
be financed 0:= !laid for' in ~'lhole 0-: in pa;:t by the Local Public Agency
o~t of the p=ccccds to co~e from the s~le of the Local Public Agency's
t~~ allocation bonds, that in the event such tax allocation bonds
a;:c not sold so as to produce or, if sold, such sale does not produce
tb.e nccessa~-y finar~ing at the ti~e and in the amount required for
the construction or provision of said non-cash grants-in-aid, the Local
Government will promptly pay to the Local Public Agency from whatever
source it may lawfully so do, an amount, which together with proceeds,
if any, available for non-cash grants-in-~id pu-~oses (exclusive of
amounts required for cash grants-in-aid from ~y such sale that may
hZlVe. been held, is not kss than tha.c necessary to completely finance
or pay for all of the non~cssh grants-in-aid or parts thereof which
we;:e to r~ve originally been fi~~ed by the sale of tax allocation
bor.ds.
sse. 2. The Local Goverl~ent and the Local Public Agency agree
t~t the ca~~Jing out of the Project necessitates, to the extent set
out in tr~ Schedule under Section 11 of this Agreement, the purchase
or sale beuleen the parties hereto or retention by the Local Public
Agcr.cy of lands within the Urban Renewal Area. In any such p=chase,
sale, or retention of Lands within the Project. the partias hereto
agree as follows;
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(a) With respect to those lands, if any. as set forth and
idon~ifiod in Sohedule 1 of See Cion 11 of this Agrcc~ent. ~hc Local
r~blic Agency agrees to buy cnd the Local Goverr~cnt agrees to sell
such lands. together with all hnprovcments. if any. thereon. The
Locel Public Agency agrees to pay to the Local Gover=ent as the
::'tl:;chasc price for said lands the fair market. vulue thereof as con-
curred in by the Federal Government. Immediately upon payment of
. ,
tb:l pu::chase price by j:he Local Public Agency. the Local Gover=ent
will co~vey to the Local Public Age~y full fee title to said lands.
I=ee ~nd cl~or of all cncumbr~~ccs ~nd restrictions. !he Local
Public A3c~y agrees that it will ta~e such actions as are necessary
to prepare such land for its reuse in accordance with the Urban
:;'enewcl PIcn and the Local Public Agency will dispose of such land
only fo~ such reuseso
(b) W~ch respect to those ~nds, if any. as set forth and
~ce~tiZ~cd in Schedule 2 of Section 11 of. this Agreement, the Local
Gove::=e::lt:. ag::ces t.o pay to the Local Public Agency as the purchase
?::ice of scid lands the fair valua thareof as concurred in by the
l'ederal Government for uses in $coord.::.n.::e. with the Urban Rene.wal Plan.
Said purchase price shall be paid in cash and in full not lat.er than
~he date of delivery of the instrument. or instruments of conveyance
by the Local Public Ager:>-cy. .All such land. shall be held by the Local
Ccverr~ent for the period of time specified for the duration of land
uses in t.he Urban Rene"al Plan and the Local Government during such.
period of time will devote said lend t.o. and only to. the uses
specified for s.loh land in the Urban Renewal Plan. If the building
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of any imp~ovexents on such land is required by the Urban Renewal Plau.
the Locol Govc~r~cnC agrees chat it will begin and complete or will
cause othe~s to begin and 'complete all such improvements within the
time indicated in Schedule 2 of Section 11 of this Agreement. The
Local Government agrees that it will accept and abide by all conditions
:lad rest:=ict.ions set fo:ct.h in the Urban Renewal Plan and in the instru-
ments of sale or C9uveyance ~or such land respecting (1) devotion of
,
lc:.,d to the uses specified in the Urban Renewal Plan; and (2) the
b~ginning and completion of improvements on such land as required by
t.he lJrban Re:newal Plan. lvhich shall be as covenants running with the
l..::nd.
(c) With respect co those ~nds. if any, as set forth and
identified in Schedule 3 of Section 1: of this Agreemant. the Local
P~blic Azcncy agr~s that it will ~e~8in such land for uses in accord-
ar~e with the Urban ReDewal Plan. The Local Public Agency agrees that
i~ shzll ~~aQsfer to the Project Tem~orary Loan Repayment Fund to be
~stablished and ~intained by the Local Public Ager~y for the Project
in accordance with its Title I Contract, from appropriate funds
identified in Schedule 3 of Section 11 of this Agreement as compensation
~y it for such lands, an amount in cash not less than the total capital
value i~?uted thereto in confo~~ty with its Title I Contract. The
Local ?ublic Age=y agrees that: wich respect to any such land retair.ed
by it that it will (1) devote such land to, and only to. the uses
specified therefor in the Urban Renewal Plan for the period of time
specified in t~ Urban Renewal Plan; (2) not to sell, lease, or other-
vlise dispose of such land, ey.cept subject to a covenant running with
the land that such land shall b<a dQvote.d 1"-0. and on1.y to. tba US<?o&
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specified in the Urb3u ~cnsw31 llan; ~nd (3) to the extent that it may
la\vfully do so, begin Oor.d co;:',?lc.t:e \]ithin the time indicated in
Schedule 3 of Section 11 of this Ag~ce~ent, tbe building of any improve-
~cnts on such land required by the U=bOon Renewal Plan. The Local
Government agrees that to the. e.xtent that the Local Public Agency cannot
lawfully construct or build such improveoents. or is unable or cannot
obtain funds for financing the construction o~ building of such improve-
ments. thzlt the Local Gover=t will, at no cost to the Local Public
Agency. begin and complete. or cause others to begin and complete.
within the time indicated in Schedule 3 of Section 11 of this Agree-
ment. the building of such improv~nts.
SSC. 3. The Local Government agrees that at no cost or expense to
t...'1e Local Public Agency and upon the Local Public Agency's request. the
Lo~al Goverr~cnt will accomplish or cause to be accomplished the vacating
of all streets. roads, alleys and other public ways, to be eliminated in
preparing the Urban Renewal Area for its new uses. as shown in the Urban
Renew~l Plan. and the Local Governme~t agrees to conveyor cause to be
co~eyed to the Local Public Agency without cost any and all land and
interests in land in the Urban Rene\v.::.l Area owned by the Local Government
which it is contemplated under the U:=ban Renewal Plan to be aC<l.uired by
the Local Public Agency. ,Conveyance of such land shall be made within a
reasonable time after request therefor by the Local Public Agency in order
to facilitate carrying out the Urban Rene,w.l Plan.
SEC. 4. The Local Public Agency agrees, with respect to those lands
in area designated for reuse as streets. roads, alleys. sidewall<s. and
other public ways by the Plan. to dedicat.e such land to street and other
public purposes ar.d the Local Public Agancy further agrees that. if necessary
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or desi=~blc, it will convey to the Loc~l Goverr~ent. if ~o requested.
f~ce of charge, to the extent s~~d sC~eets, roads, alloys, sidewalks and
ocher ~~sys ~rc of full or 100% ~c~eZit to the Project, any land 80
c.~diccCed. To t..'1.e e:,:tcnt. t~-;; c......,y lc.r.d ::':'1. sc.id "laYs a::::c I'.ot of full or
100% ber~fit to the p=ojcct, the Lcc~l Covc::::~^~nt shell pay the Local
Public NJ,c=y fai:: l:CUSC v.:ll;;:o cs co:.:sc:::::cd in by the Federal Govor=ent.
T~~ Local Gcv~r~nt ~gr~es t:~~ i~ will) within u r~sonablG tiroa after
request. therefor by the LOcal Public Agc~cy, accept the dedication thereof
for street and oti1.cr public purposes. T~c Local Gover~nt further agrees
to CCCC2~ or c~usc to be accepted ell g:;:.:luts or easements necessary for the
reuse of the Urban Renewal Area i~ cccord~nce with the Urban Renewal Plan.
SEC. 5. The Lo~l Government: 8.:.;::eos that it shell =intain in good
repei= end wOl"king order, or causa to be so maintained. all streets, ro,,-ds.
alleys. sidewalks. sto~~ sewers, water ~~ns and other public ~provements
in the Urban Renewal ~xca constL~tcc, installed or reconstructed, either
by the Local Govex.~ent or the Local Public Agency for such time as said
ioprove=nts arc so used by tl-.c public. The Local GoVE4-nment further
agrees t~t it will furnish, or cause to be furnished. at its o~lU expense,
tee necess.::.ry electric cu..-rent. edequa;;ely .::.nd properly to light all street
lights tbat rrz.y boa installed purst:auc to t.he, U:.:ban Rene'wal Plan or, in the
future. in the Urban Renc.tval .'\::.:ea.. ::::::'" L:rcel Government further agrees that
it will fu.-r.ish. 0:::: cause to be furn~sh8d, ell rJ2cessery and proper municipal
services for so long as the s~ shell be needed as required by the urban
Renewal Area and the inhabitants tn~:;:eof~ in accordance with its new uses
es specified by the Urban Renewel ?lan.
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~ SEC. 6. The Loc~l Gove~T.mcnt agrees with respect to ~~ch and every
pu~lic fecility to be provided or furnished by it under this Agreement as
~ no~-cash gran~-in-aid ~nd with ~Lj 24d ~~l other public facilities trwt
m2Y oChcnvisc be provided by it as no~-cash grants-ie-aid, that such public
f~cilities shall be open withou~ rcr;2rd to race. color, creed, or national
o::i:;in to all occu:).:lnl:s of the urban rcmc~'lel project area after renewal
end, if such facilities are provided on project land acquired from the
:~cel Public AGency, to 'all others.
SEC. 7. So long as the Title I Contract between the Local Public
'.
Agency and the Federal Government for Loan and/or Capital Grant. or both,
with res~cct to this Project, rerouins in fo~cc and e~fect, or so long as
the principal of and interest on any Project Temporary Loan Obligation or
P-.:,,1.~:,::.=::y Loan Obligation) issue.d by the. Local Public Agency in connection
with ~~~~ Projcc~, remains outstanding and unpaid, or so long as any monies
due the Federal Government under said Title. I Contract remain unpaid. this
Agreement shall not be abrogated. chan;ed, or modified without the consent
of the Federal Govel~ent acting by ar~ through the Housing and Home Finance
J._doinistrator.
S2C. 8. The privileges, rights, obligations, duties, and liabilities
of t~8 Local Government shall remain ~~ full force and effect with respect
to said Project, unless with respect to specific sections hereof a longer
time is specified or implied, so long as possession and control of said
Project or any right, title, and interact in and to said Project and Project'
lands, or any part thereof, remains in the Local Public Agency or any
Receiver appointed by a Court of co~petent jurisdiction ~~on application
L~erefor by the Feder~l Goverr~nt. If allY time possession and control
of said l'roject passes to such II Court. .::.ppoi.nted RcceiveJ:, too provisions
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h~=cof. in addition to any other rights or privileges th~t such Receiver
rr~y possess, shall inure to the benefiC of and may bo enforced by such
Receiver.
SEC. 9. ~:ccpt where the co~~c~t clc~rly indicates othcrwiBe~ the
te:::IrlS us~d in this Ag-r-e.cm3.nt shall 1:~ve. th3 meanings ascribed to them in
Section 711 of Part II, Standard Te:~s and Conditions of a Loan and Grant
Contract. beo-men a Loca~ Public A:!,or:.::.y al:d ::110 United States of .America
(u'RA Form No. H-3155b, 2-15, 1960)..
'.
-19-
SEC. 10. Non-Cash Local Grants-ln-Aid Schedules:
Schedule 1. LAND DONATIONS
Identification Donor Estimated
Cash Value
~
24-6, 10-3, 10-7, 10-11,
City of Seward 8,550.
7-3, 7-11-
~~
More particularly described in
Exhibit II II attached hereto .
Total Cash Value of Land Donations $ 8,550.
Schedule 2. DEMOLITION AND REMOVAl- WORK
Identification Froviding Entity Estimated
Net Cost
~
/
Total Net Cost Demolition and Removal Work $
Schedule 3. SITE IMPROVEMENrS
Providing Grant- in-Aid
Identification Entity and Es tirllsted Credit
Source of Funds Total Cost '7. Est. Amt.
~ $
.
1-
- 20-
Schedule 3. SITE ~~ROVEMENTS (Continued)
Providing Grant- in- Aid
Identification Entity and f Estimated Credit
Source of Funds Total Cost 7- Est.Amt.
$. $
......
,
Totals $ XX; $
1 Schedule 4. SUl'PORTING FACILrrIES
I
Providing Grant-in-Aid
Idencification Entity and Estimated Credit
Source of Funds, Total Cost 7- Est.Amt.
$ $
,
"
Totals $ XX; $
,
-21-
SEC. 11. Purchase, Sale or Retention of Land Schedules:
I Schedule 1. ,PUrClll1Se by the Local l'ub l:l.c Agency : of Lana from the
Local Government .
Presently
Identification of Land Estimated Fair
Value
i
" $
~..
'J
More particularly described in E"hibit " "
-
attached hereto. , ' '
Schedule 2. Sale by the Local Public Agency to'the Local Government of
Land for Reuse in Accordance with the urban Renewal Plan
Estimated Source of Beginning and
Identification Fair Reuse Purchase Price Improvements Completion
of Land Value Funds to be built Dat:es
$
;
More particularly
described in Exhi-
bit " II attached
heret-C;-- ! ,
Schedule 3. Retention by the Local Public Agency of Land for Reuse
in Accordance with the Urban Renewal Plan
, Estimated Source of Beginning ana
I
., Identification ;UUputed Purchase Price Improvements COlIlpletion
of Land Capital Value Funds to be built Dates
$
More particularly
described in Exhi-
bit " " attached
heret-C;-- ;
,--
,
-22-
SEC. 12. Special Provisions, if 4fJY, to this AgreemefJt are Bet forth
in this Section 12 below.. If there are no spac1al p~ov1s10ns, i~ 1s.so.
stated.
r..
"
I.'
,
I,
;
I'
",.
'J
,
I
.;
"
-23-
SEC. 13. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and requirements
of the State redevelopment or renewal law and other applicable State
laws and any applicable Federal law.
SEC. 14. This Agreement may be executed in four counterparts, each
of which shall be deemed to be an original. and such counterparts shall
~'
constitute one and the same instrument.
IN WITNBSS WHEREOF. the Local Goverl1lllent has caused this Agreement' to 'be
duly executed in its behalf and its seal -to be hereunto affixed and ,attested and
the Local Public Agency has caused 'the same to be duly executed in its behalf and
its seal to be hereunto affixed and attested. all as of the date and year first
above written.
City of Seward
By' &~a~~
\ Mavor
ATTEST:
'tZ~kd- ;:> 'c/b/~J
(Utla)
lAJ~
~
'(SEAL)
City Clerk
I (Title)
"
( SEAL )
Alaska State Housing Authority
(!feal Public Agenc:y)
'//
By' .. ~'~'!./ /{ . / ,i t' ~ -<'<-.tf
Chairman
ATTEST: ~
'n~
'lreta~
J
~ .t
I,
l
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