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Resolution 7135 RESOLUTION N0. 7135 WHEREAS, there has been submitted to the City Council of the City of Miami Beach, Florida, the draft of a Proposed agree- ment by and between the Housing Authority of the City of Miami Beach, Florida, and the City of Miami Beach, Florida, said agreement being entitled "Cooperation Agreement" , and .WHEREAS, the City Council of the City of Miami Beach, Florida, deems it to be to the best interest of said City to enter into said agreement, a cony of said agreement being attached to this resolution and made a part hereof, and the said City Council being familiar with the contents thereof, NOW, THEREtFORE, BE IT RESOLVRT) by the City Council of the City of Miami Beach, Florida, that the Mayor and the City Clerk be and they are hereby authorized and directed to execute said agree- ment as well as two counter parts thereof on behalf of and in the name of said City. PASSED and ADOPTED this 22nd day of March, A. D. 1950. Mayor ,fittest: City Clerk OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA COOPERATION AGREE/ENT This Agreement entered into this 22nd day of March, A. D. 1950, by and between The Housing Authority of the City of Miami Beach, Florida, (herein called the "Local Authority") and the City of Miami Beach, Florida, (herein called the "City") , witnesseth: WHEREAS, the Local Authority has received from the Public Housing Administration (herein called the "PHA") a Program Reservation, No. FLA-17-A, for fifty units of low-rent housing to be developed and located within the corporate limits of the City and may hereafter apply for addi- tional Program Reservations; and WHEREAS, the Local Authority proposes to enter into one or more con- tracts with the PHA for loans and annual contributions in connection with the development and administration of such low-rent housing, all pursuant to the United States Housing Act of 1937, as amended (herein called the "Act") ; and WHEREAS, the City is desirous of assisting and cooperating with the Local Authority in such undertakings and of complying with the provisions of Sections 10(a) , 10(h) , and 15(7) (b) of the Act, as well as all other applicable provisions thereof; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Local Authority and the City do agree: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed as one operation by the Local Authority with financial assistance of the PHA and included within Program Reservation No. FLA-17-A, issued to the Local Authority by the PHA on January 20th, 1950, covering an aggregate of fifty units of low-rent housing. A Project will generally be located on a single site but may be on scattered sites° (b) The term "Taxing Body" shall mean the State or any political sub- division or taxing unit thereof (including the City) in which -r 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. - 1 - (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non-dwelling rents (excluding all other income of such Project) , less the cost to the Local authority of all dwelling and non-dwelling utilities. (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrange- ment 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 to secure a contract or con- tracts with the PHA for loans and annual contributions, and undertake to develop and administer one or more Projects. 3. Under the constitution and statutes of the State of Florida, all Projects are exempt from all real and -nersonal property taxes and special assessments levied or imposed by any Taxing Rody; and, with respect to any Project, so long as either (a) such Project is used for low-rent housing purposes, or (b) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in connection with such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the longest, the City agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in pay- ment for public services and facilities furnished for or with respect to such Project. Each such annual Payment 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 (a) ten per cent (10;0) of the aggregate Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year, or (b) the amount permitted to be paid by applicable state law in effect on the date of this Cooperation Agreement, whichever amount is the lower; provided, however, that upon failure of the Local Authority to make any such Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach. 2 - The City shall distribute the Payments in Lieu of Taxes 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; provided, however, that no payment for any year shall be made to any Taxing Body (including the City) 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. 4. The City agrees that, subsequent to the date of initiation (as defined in the Act) of each Project and within five years after the com- pletion thereof, or such further period as may be approved by the PHA, there has been or will be elimination (as approved by the PHA) by demolition, condemnation, effective closing, or compulsory repair or im- provement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area of the City substantially equal in number to the number of newly constructed dwelling units provided by such Project; pro- vided, that, where more than one family is living in an unsafe or in- sanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein; and provided, further, that this paragraph 4. shall not apply in the case of (a) any Project development on the site of a Slum cleared sub- sequent 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 low-rent housing project, or (b) any Project located in a rural non-farm 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 (a) such Project is used for low-rent housing purposes, or(b) any contract between the Local Authority and the PHA for loans or annual contributions, or both, with respect to such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall, remain outstanding, whichever period is the longest, the City, without cost or charge to the Local Authority or the tenants of such Project (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 Project (i) the public services and facilities which are at the date hereof being furnished without - 3 - cost or charge to other dwellings and inhabitants in the City, including but not limited to: educational, fire, police and health protection and services; maintenance and repair of public streets, roads, alleys, side,Talks, sewer and water systems; garbage, trash and ash collection disposal; street lighting on public streets and roads within such Project and on the boundaries thereof; and adequate sewer services for such Project; and (ii) also such additional public services and facilities as may from time to time hereafter be furnished without cost or charge to other dwellings and inhabitants in the city; (b) 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 City may have in such vacated areas; and, insofar as it is lawfully able to do so without cost or expense to the Local Authority and/or to the City, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; (c) insofar as the City may lawfully do so, grant such waivers of the building code of the City as are reasonable and necessary to pro- mote economy and efficiency in the development and administration of such Project; and 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 thereof; (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 City and the Local authority may find necessary in con- nection with the development and administration of such Project. 6. In respect to any Project the City 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 after the Local Authority, at its own expense, has completed the grading, improvement, and paving thereof in accordance with specifications acceptable to the City; and (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 con- sideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site for such work if it 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 City such amount as would be assessed against the Project site if it were privately owned) . 7. If the City shall, within a reasonable time after written notice from the Authority, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Local Authority or to any Pro- ject, then the Local Authority may proceed to obtain such services or facilities elsewhere, and deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the City in respect to any Project or any other low-rent housing projects assisted or owned by the PHA. 8. No Cooperation Agreement heretofore entered into between the City and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. So long as any contract between the Local Authority and the PHA for loans (including preliminary loans) or annual contributions, or both, with respect to any Project shall remain in force and effect, or so long as any bonds issued in connection with such Project shall remain outstanding, this Agreement shall not be abrogated, changed, or modified without the consent of. the PHA. The privileges and obligations of the City 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 some other public body or governmental agency, including the PHA, authorized by law to engage in the development or administration of low- rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or govern- mental agency, including the PHA, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or govern- mental agency, including the PHA. ... 5 ... IN WITNESS WHEREOF the City and the Local Authority have respectively caused this Agreement to be duly executed as of the day and year first above written. CITY OF MIAI•iI BEACH, FLORIDA BY Mayor ATTEST: City Clerk THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, FLORIDA By Chairman ATTEST: Secretary \ CH • - en O " r-1 4-3 O a) • •ri 0 0 N v fi 's; a) QO L'3 O 'k. H H a) H o fa r O •H --' C!1 N Ci$ (x� •r-1 a) O fai O -P O � U