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Res 17-73 RESOLUTION NO. 17-73. A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH HOUSING AUTHORITY. WHEREAS, the Delray Beach Housing Authority (herein called the "Local Authority") and the City of Delray Beach (herein called the "Municipality") desire to enter into a Cooperation Agreement in connection with the development of low-rent housing units pursuant to the United States Housing Act of 1937 as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH that the Local Authority and the Municipality enter into a Cooperation Agreement and the Mayor is hereby authorized to execute th~ same on behalf of the Municipality and the City Clerk to attest the same and affix thereto the seal of the Municipality, said Cooperation Agreement being in sub- stantially the form attached hereto. PASSED AND ADOPTED this 9th day of April, 1973. ATTEST: ty Cler~ Nov. 1969 , Page i(SA) COOPE[~.T ~ON AG ~EEM~T This Agreement entered into this llth day of , April by and between Delray Beach Housing Authority (herein called the '%ocal Authority") and City ,of Delrav Beach (herein called the "Municipality"), witnesseth: Ia consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, or its predecessor agencies, prior to the date of this Agreemet~t. (b) The term "Taxing Body" shall mean the State or any political sub- division or taxing unit thereof in which a Project is situated and which w~ld have authori~y to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all temants of a Project for dwelltmg rents and ~o~dwelling rents (excluding all other iuco~e of such Project), less the cost to the Local Authority of all dwelling and moudwellimg utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilatio~, light or sanitation facilities, or any combinatiom of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects c~mprising approx~m-~ rely units of low-rent housing and (b) to develop and administer such Project ~or" P~oJecta, each of which shall be located within the corporate l~mits of ~he Mu~icipality. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution a~d statutes of the S%a%e of ... F]n~. , all Projects are exempt from all real and personal property taxes and special assessments levied or {mp. osed by any Taxing Body. With respect to any Project, 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 (ii) any co~tract between the Local Authority and the Government for loans or annual contributions, both, in connection with such Project r~m~ins in force and effect, or (iii) any bonds issued in coo]~ection with such. Project or any monies due to the Govert~et~t in connect£o~ with such Project r~in unpaid, whichever period is the lougest the M:anicipality agrees that it will not levy or tr~p, ose any real or pers°~al property taxes or special assessments upon such Project or upon the Local Authority with respact thereto. During such period, the Local Authority shall make annual paymeuts (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the public services and facilities furnished fr~ time to time without other cost or charge for or with respect to such Project. ' fbi Each s.ch annual Payment in I,it.u ~,1 'l':~xes shall be made after the end of the fiscal, year established Ior such Project, and shall be in an amount equal to either (t) Ion percent (IOZ) of the Shelter Rent actually collected but in no evenl to exceed ten percent (10Z) of the Shelter Rent charged by the l,oca'l Authority in respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in ~.ffect on the date such payment is made, whichever amount is the lower. (c) The Municipality shall distribute~ the Pa.waents in Lieu of Taxes among the Taxing Bodies in the propor/i-n which the real property taxes which would have been paid to t. ach Taxing BOdy for such year if the Project were not exempt £rom taxatioll bears to the total real property taxes which would have b,,~.n paid to all et' the Taxing bodies for such year it the Projec~ w~,re not exempt from taxation; Provided, ho~ever, That no payment tot ;lrly year shall be made to any taxing Body in excess of the amount -I ~he real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from t~x.~l (d) Upon failure of thy I.ocal Authority to make any PaYment in Lieu of 'taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any Interest or penalties accrue or at~ach on account thereof. ,4. l'he :.luniclpality agrees chat, subsequent to the date of initiation (as defined in the United States Housing Act of 1937) of each Project and withln five years after the completion thereof, or such further period as may be approved by the Government there has been or will be elimination, as certified hy the Municipality, by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is located, substantially eq,al in number to the numher of newly constructed dwelling units provided by such Project; Provided, That, wherry, more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the numl,er of families acco~odated therein; and Provided, further, That this paragraph & shall not apply in the case of (i) any Project developed on the s/ce of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other Iow-rent housing project, or (ii) any Project located in a rural nonfarm or Indian area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (~) such Project is owned by a public body or govertunental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority .md the Government for loans or nnnual contributions, or both, in connection with such Project remains in force .md effect, or (iii) any bonds issued in connection with such Project or any monies due t~ the Government in connection with such Project remain unpaid, whichever period is the longest, the municipality without cost or charge to the Local Authority ,r the tenants of such Project (other than ,h,. Pa)caen. ts in l.ieu of 'faxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenant~ of such Project public servit,s and facilities of the same character and to the same extent as are furnished from time to ~tme without cost or charge to other dwellings and inhabitants tn the Muntc ipal icy; 't(.-O051A (1~UD-524'81) ×ay. 1969 ('lJ;~r:~(. l~ Ih~' I.(~(';~1 ^~lh~)l'iL¥ ~'1~ il)l('l-(':;I ,;l~ £ho Hun£c£p;]lity may h;tve c()Nt or uxp(.~)~u Lo' Lbs: I,oc;~l Authority ()r LO the Municipality, cause to be removed from ~uch v~cated ~reas, insof~]r as it may be necessary, all public or private utility lines and equipment; (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) CooPerate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, pavings, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land, for and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 7. If by reason of the :~nicipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder ~o furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 8. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. No member of the governing body of the Municipality or any other public official of th~ Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any project, or any contracts in connection with such Projects or property. If any such governing body member or ~uch other public Official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall irmnediately disclose such interest to the Local Authority. ]~,-oo5~ (HUD-Se~Sl) ~ov. 1969 Page ~ 10. So long aa any contract b-tw~en th- Local Authority and th, Government for loans (including preliminary loans) or ,nnus] contributions, or both, In connection with any Project remains ]n force and ~ffect, or so long as any bonds issued in connection wlth any Project or any monies duo to tho Government in connection w~th any Pro.)ect remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force end ~ff~ct with respect to each ?roJect so long as the beneflcl81 title to such Project is held by the Ix)cml Authority or by any other public body or governmental agency, including th~ Government, authorized by law to engage in the dev~lopm-nt or administration of low- rent housing projects. If at any time the beneficial title to, or possession of, any Pro.lect is held by such other public body or governmental agency, including the Government, the provisions hereof shall lnurn to the benefit of and .may be enfor-=d by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF the Mu, icipallty and th- Local Authority have ~e~ctively signed th~a Agreement and caused their seals to be affixed and attested as of the day and year first above ~ritten. 'City of Delrav_ Beach. Florida (Corporate Name oiJ Municipality) // '(Title) MAYOR Attest: ATI'EST: - (Secretary)