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Home My WebLink About78-0510 Housing Authority • j . Chicago Area Office (9-77) COOPERATION AGREEMENT -- This Agreement enetered into this 10th day oft` ) 1978 , -by and between the HOUSING AUTHORITY OF Fm mIN, TT T INOIS (herein called the "local Authority') and the city of Elgin, Illinois • (herein called the "Municipality") , WITNESSETH: In 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, Rousing Assistance Administration, (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 Agreement. (b) The .term "Taxing Body" shall mean the State or any . - political subdivision or taxing unit thereof in which a . Project is situated and which would have authority 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 tenants of a Project for dwelling rents' and nondwelling rents (excluding all other income of such-Project) , less the cost to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwell- •ings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination 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 contribu- tions covering one or more Projects comprising approximately 50 units of low-rent housing and (b) to develop and. administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. • 3. Under the constitution and statutes cf the State of Illinois , all Projects are exempt from all real and personal property taxes /and special assesments/ levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or govern- mental agency and is used for low-rent housing 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 monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality 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. During 421 ALTERNATIVL? PAGE 2 agc; Arca Office (7-78) 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. Each such annual Payments in Lieu of Taxes shall be made after the end of the fiscal- year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower. The Payments in Lieu of Taxes shall be distributed among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Project were not exempt from taxation, or in such other manner as pro- vided by state statute; Provided, however, That no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such: year if the Project were not exempt from taxation. Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall at- tach, nor shall any interest or penalties accrue or attach on account thereof. 4. 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 (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or Ci.i) any contract between the Local Authority and the Government for loans or 'annual con- tributions, or both, in connection with such Project remains in force and effect, or Gill any bonds issued in connection with such Project or any monies due to the Govern- ment in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project Cother than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; Cb) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipali- ty may have in such 'vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, in so far as- it -may be necessary, all public or private utility lines and equip- ment; (c) In so far as the Municipality may lawfully do so, (i) grant such de- viations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and ad- ministration of such Project,:and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surround- ing territory of such Project as are reasonable and necessary for the development and protection of such Project and the 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. 5. In respect to any Project the Municipality further agrees that within a reason- able 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, paving, and installation thereof in accordance with specifications ac- ceptable to the Municipality; - 2 ._ . . . - t-1Uli 7L�iCSl Chicago Area Office (9-77) (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) . 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to 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 due 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. • 7. 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. 8. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contri- butions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection- with any Project or any monies due to the Government in connection with any Project 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 and effect with respect -to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or adriinstration of low-rent housing projects. If at any time the beneficial title to, or posession of, any Project is held by such other public body or governmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. City of Elgin, Illinois (SEAL) (Corporate Name of Municipality) Attest: Nist City Clerk (Title) 8.: . ALA 0'ty Manager (Title) Housing Authority of Elgin (Corporate Name of Local Authority) Attest: 7,(112 6_4.56.4 ./ . • le ( Secre / f / / chairman / l ! 9 7J / • TELEPHONE 312/695-6500 FU 1Itt 4.E1^ , to 150 DEXTER COURT ELGIN, ILLINOIS 60120 p0-"ID-tltl•" • D MORANDUh4 OF UNDERSTANDING Whereas, the Housing Authority of Elgin, a municipal corporation, and the City of Elgin, a municipal corporation, have agreed to enter into a certain cooperation agreement providing for the development and administration of 50 units of low-rent housing by the Housing Authority of Elgin and situated within the City of Elgin; and Whereas, the parties desire to express their mutual understanding of certain of the terms and conditions of said cooperation agreement; Ni,atherefore, in further consideration of the mutual promise contained in said cooperation agreement, the parties agreed to the following: 1. That with respect to paragraph 6 of the cooperation agreement, it is understood that the local authority shall give the City of Elgin notice in writing of the municipality's failure to furnish public services, or facilities ten days prior to - undertaking to furnish such facilities or services by the • local authority. 2. That purusant to Illinois Revised Statutes, Ch. 672, Sec. 27b, the local authority shall file a statement of the aggregate shelter rentals collected during the preceding calendar year with the proper assessing authority on or before April 1 of • each year. A duplicate original of such statement shall also be filed with the Finance Director of the City of Elgin on or before April 1 of each year. es...-. 0'1,1,1 ' 4 • • In witness whereof, the City of Elgin and the Housing Authority of Elgin have respectively signed this Memorandum of Understanding through their duly authorized representatives and caused their seals to be affixed -ER and attested this 19 - day of tr , 1978. CI OF ELG N .,\4(// 11 ' By \,) Ci -Manager �� I Attest: 1 t City Clerk HOUSING AUTHORITY OF ELGIN BY .-41ZZ-Z:.?Zi F -5),‘-7,, kr irman Attest: S e a