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HomeMy WebLinkAboutRESOLUTIONS-1970-028-R-700 0 (6 28-R-70 RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT WHEREAS, the Housing Authority of the County of Cook, proposed to develop and administer a low -rent housing project or projects to consist of approximately 350 dwelling units of which 200 shall be designed for the elderly and; WHEREAS, the City of Evanston, Illinois, desires to enter into a Cooperation Agreement with the Housing Authority of the County of Cook, in connection with such project, NOW THEREFORE, BE IT RESOLVED: 1. That the City of Evanston shall enter into a Cooperation agreement with the Housing Authority of the County of Cook in substantially the attached form. 2. That the City Manager be and he is hereby authorized and directed to execute said Cooperation Agreement, in auadruplicate,.in behalf of said City and the City Clerk is hereby authorized and directed to affix the corporate seal of said City thereon and to attest the same. 3. That this Resolution shall take effect immediately. ITitrtdreed- , tq" Adopted July 27 , 1970 ATTEST: /s/ Maurice F. Brown City Clerk /s/ Peter D. Jans Acting Mayor C� •� 2481 c o july 1966 303 c� co COOFi1?:.T IOi1 ::% GRrD-f= iiT This -into this day of lg 70 S by and bet -con the Housing Authority of the County of Cook (herein called the "Local - 11 uthority") and the City of Evanston, Illinois (herein culled Lc In consideration of the mutual ooven:.nts hereinaftcr set forth) the parties rc=Eto do 4E7-ee as follc:-rs: i. .!henever .used in this `greeMent: (a) The tee... "?ro ject" s'rcll nean any lot -:-rent housing hereafter derelooed as an entity by the Loc^l Authority vith financial assis -2--ce of the Unitod States of _"-merica, Housin;; Assistcnce :.a-, nistr`tion, (heroin called the "Govern-.1ent"); e_•:clud i.-• , ho:-aver, any to*.i-rent housing project co' vered by any contract for Icons and annual contributions Ente_ ed into between t;:e local Authority and the C�verr.-:cnt, cr its oredecessor agencies, prior to the date of this Agree tent. (b) OThe term "Tax ng Body" shall nean the State or any political subdivision or t= iiZ?g li;1i t thereof in :��hich a Project is situated are -ich could have authority to assess or le-,-y real of pe, _zonal property taxes or to certify such ta::es to _ taxing bode or Public officer to be levied for its use and benefit *.rit'a respect to a Project if it were not exenot from taxation. (c) The -term, 11S'nclter :'ent" s'^all rein the total of all ch?rges to all te:.-=ts of a Broject for d:.selling rents' and ro: c:.ellinS rents all other jZ1CCT z of such =r0.cCti„ less 'h cost to the Local Authority of all d'.:ell and nand:.e.l11i_ng utilities. (d) the tern 115-1,_­ " _i._.11 ...car. anyarc, :,hero dwell-ings preco t atE c: dilaoidation, a-r=.:7: ant or design lac' of ventilation, ii,..+..•Or Sanit 4on rcc:litiEs, or any combinationr._ t"E�� =zCtors, are ce;=ii..=nt.1 to safe t;y, hea ± th, or .:orals. 2• The Lcc_l ..1` Oi' 1 e.^:den.,or (a) to secure a contract or contracts :i_:i: t ne 2ri- cnt fc-r loans and annual. Cont<rib:l- t10:1S CO.'E'_1^. o ne or morn' rrc-aCts cc:^nrie -� cr:�''O{L ^i �l`J 350 .. units cf lc:.-. e ,;, f'.•^^ :��. _..]` �� j %O Ca. el^^ and a-fr—lnister SUCC. Project or ::O,c:t:, ach 0_ t:`._Cil J% :e located within the -f=VJ. .e cb1isatiens of the parties ;:erct� s aL aryl; to c_c h s_carro;; act. • 3• 2) (iCCJr the CO.',Sti=-'11,.10:: 4.^.;: Stct:lt_S On the .C,t2te of Illinois , all Projects arc cxe^o t from all rc _l ;ind ze: =`,na I ever ?a.__s RT�r%�,Fsc lc: c_ �.,pd. _d _-�• T4._;ram 3ody. 11-4 th to _n � _G. :ct 20�lcn,_ as either (i). such :-ro icct i:; c.:,-c ,v a bcc;, Or °nental __ nc ar:J is ,.=;d for lc -.-rent housir *of which 2CO shall be desij-ned for the elderly, r a� ,0 309 (P C� 201 - ILLL1.01S CFA July, 1966 purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any cronies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Nunicipality agrees that it Will not levy or impose any real or personal property taxes upon such Project or upon the Local Authority with respect thereto. Curing such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to such Project in accordance with Section 29 of the Illinois Housing Authorities Act or of an Agreement for Payments in Lieu of Taxes entered into with the 0 County of Cook 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937, as amended) of each Project and ,.within five years after the completion thereof, or such further pericd as may be approved by the GoverrLment, and in addition to the number of unsafe or insanitary dwelling units which the i:uricipality is obligated to eliminate as a part of the low -rent ' ousing Projects) heretofore undertaken b;; the ?OC?.i :.uthorit;, M-re has been or will be elimination (as approved by t;.e ;:overnment) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary d.ell;ri-7 units situated in the locality or metropolitan area in which such Project is located, substantially equal in number to the number of ne--;ly constructed dwelling units provided by such Project; :rovided, That, where more than one family is living in an unsafe or insanitary d:;ell.ing unit, the elimination of such unit shall count as the elirrdnation of units equal to the number of families accor:coated therein; and Provid--d, further, That this Fara_r::!ph h shall not apply in the case of (i) any Project de7elop.d on the site of a Slun cleared subsequent to Jelly 15, 1949, and that the d,-:elling units eliminated by the clearancle of the site of such Project shall not be counted as eli ination for any other :roject or any other lo,: rent housing 1roject, or (ii) any Project located in a rural non- farm area. 41 - 2 - 3�p 2�.31 C30 July, 1966 5- During the period co7mencing ::ith the date of the acquisition. of • any part of the site or sites of any Project an•' continuing so long as either t i) such "roject is oc.nei / a rubiic body or goverrk��ent 1 agency -- and is used for low -rent housir.: ;:ur Poses, or (ii) any contract between the Local Authority :.r:' the Govern:nt for to-nns or annual contributions, or both, in cenrcetinn with such : ro;;act rer.airs in force and effect, or (iii) sry bonds issued. in connction with such rroject or any monies due to the Cover anent in cornecticn with such :-ro jact rer.:ain unpaid, whichever period is the longest, the _-ur.ici_�ality G:ithjut cost or charge to the L.o- eal Authority or the tenants of suc:,croject (other than the payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority ,and the tenants of such >roject public services and facilities of the s:r:e character and to the same extent as are furnished frcn tiros to time without cost or ch4r�e to other d.ellings and inhabitants in the .-unicicality; W Vacate such streets, roads, and alleys ,,-ithin the area of such =roject as may be Necessary in the development thereof, and convey without charge to the Local `uthority such interest as the Municipality nay have in such vacated areas; and, in so far as it is la�:fu11y able to do so ..i.thout cast or expense to the Local -.uthority or to the ::unicipality, cause to be removed from such • vacated areas, in so far as it may be necessary, all public or private utility lines and equir=enta W In so far as the :-_uni cipality *<ay la -,!fully do so, (i) grant such, de•7. .:�ti ciis -frs-. +-ha bul-lding code of the ::unicicai=ty as are re sona"le and necessary to rrorota econcry and efficiency in the development and administraticn of such Project, and 'at the sazTe time safe u _rd health and safety, and (ii) make such changes in zoni.-iZ- of the site and surrounding territory of such :roject as are rer=sonah? e arid re--,es-s_— for the develop.^eat and prot-ection of such :roject and the surround- ing territory-; (d) Accept grants of ease_ents necessary for the devele_ m 'it of such roject; and (e) Coop era:t. r -th tc:e Lccal =uti ority by such other l .:ful action or wZys as the _:unicir.;lity and the local uthority may find necessary in connection :.-its: the de. elc-rent and administra- tion of such 6. In respect to any = :uz roject the .dcipality fu__-ther a<-;r--_Rs tEat ♦� �.-itl-lin a reazcna le t1_,.e Ater receipt of a written re _uest thQrerpr fro_ the Local rut! ority : • (a) It will accect the dE.6ication of all in`erior streets, roe s, ally<: an -2d jacent siLe:..alks :dtha in the area of such--rojec= to et`— :•pith =11 storm - .and s nita^r �e. e� m_inz in :_dicate d -re _ _ as. after the hoc =1 u`. hority, at its e-.:n ex;.en3s, has corn:i e' cd tits _ sd n� ;m,-rcv� en* , avino, rr�i inst_11-Rion t} r_of in accordance with-r.ecifica- tions sccertable to the _:unici:•alitY; (b) It, ti;ill Accept ncci"' S r.7 d.,Iic =.lions of lr.nd for, and :ill Er _:le, it ro,::,, .-.ve, and rrovi.cle side-%,alks for, '01 strccts >`ounci�n.. sUCiI 1 rOjeCt or n��ce,: irJ -r ! th .rcto (in canc.Sd: r �> >, r �•f tEE•_ Loc• 1rity . h-,1]_ p•-'.i c?o July, 1566 to the i:unicip :lity _uch amount as Mould be assEsscd against the ?roject site for such work if such site wero pr�vatcly o,;•ned); and (e) It trill provide, or cause to be provided, water mains, ind stcr:n and sanitary sci:cr mains, lcadino to such :'roject and scr✓ing the bounding streets thereof (in consideration ::hereof the Local :•uthority shall pay to the iuniclilclity such amount as would be assessed a ainst the Project site; for such work if Such site t:ere privately o:med). ?e If by reason of the 6unicipality's failure or refusal to furnish or cause to be furnished any-.ublic services or facilities which it has agreed hereunder to furnish or to cause to be fur- nished to the Local Authority or to the tenants of any Project, the Local outhority incurs any expense to obtain such services or facilities then the Local :ut•hority may deduct the 2mount of such uxFtnse from any Puy7.ents in Lieu of TaxEs due or to becore due to the iiunicipz:lity in resp,�ct to any Project or any other low -rent • housing Projects of;ned or operated by the Local :•uthority. 8. Vo Cooperation a.greerent heretofore enter7ed into bet-aeen the i'lunicipality and the Local Authority shall be construed to apply to any ?roject covered by this Agreement. 9. So'long as any contract.'between the Local authority and the Gover=crtt for loans (including prelilinary loans) or annual contri- butions, or. both, in connection with any Project retrains in force and effect, or so long as any bonds issued in connection with any Project or any monies due to the Goverment in connection with any Proj- ect remain unpaid, this i.;;reerent shall not be abrogated, changed, or modified without the consent of the C-overrz-.ent. The privileges and obligations of the :%unicipality hereunder s`iall rer�3in in full force and. effect with res^ect to each ?roje ct so long as the beneficial title to such project is held by the Local Authority or by any other public bod; or `overnrental agcncv,including the Gov2rnr-_-nt, authorized by la-,, to en -age in the develc,-,,::;nt or administration of low -rent housin.; projects. if at any ti is the beneficial title to, or possession of, any Project is held by such other public body or Eoverrnental a=encli, includin" the Co:-ernment, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or ;overn.mental atency, including the Go.,errment. IN WIT*:ASS =PP4r, the =.unicipality and the Local tutherity have respccti ely sit =d this agree^eat and caused th it sells to be affixed ar.d attested as of the day and year first above written.. City of Evanston, ILincis (SE11L) (CorForate of ;iunic_,p_lity ) Attest: By ... . City Clerk (Title) 2SAYCR (Title) HCLSI' G A Ji :CPI^'! rJr E Ccu'.,- y 07 NCO'{ (Gorpor�La c Lcal .u; borit- :sttcs' : By .. h .t