The URL can be used to link to this page

Home My WebLink About001341 Original Contract City of Port Angeles Record#001341 COOPERATION AGREEMENT This agreement entered into this I��day of_LseJ� tf _, 2017, by and between the Jamestown S'Klallam Tribe(herein after called the Recipient), and The City of Port Angeles, Washington (hereinafter called, the Local Governing Body"). In consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as follows: I Whenever used in this agreement: The term "project(s)" shall mean the individual dwellings currently owned by the Recipient and particularly identified on the Exhibit A that is attached hereto and incorporated by this reference. These dwellings are fully developed and already provided with municipal services. The Parties recognize that, in the future,the Recipient develops or acquires additional property within the boundaries of the Local Governing Body with financial assistance of the United States of America, acting by and through the Secretary of the Department of Housing and Urban Development (hereinafter called the"Government"), and under the Native American Housing Assistance and Self Determination Act of 1996 or the United States Housing Act of 1937. In such event, the additional property shall added, and become subject, to this Agreement. The additional property shall be added to this agreement by adding to Exhibit A the identification of the property. The City Manager of the Local Governing Body, and the Housing Program Manager of the Recipient are hereby authorized and delegated authority to make changes to Exhibit A in accordance with this paragraph. 2. The Recipient shall endeavor to secure funding from the Government for the cost to maintain and/or administer one or more low-income housing project(s), comprising any number of units, as rental or lease-purchase homeownership units. The project(s) is/are located within the jurisdictional limits of the Local Governing Body. The obligations of the parties hereto shall apply to each such project and the units therein, within the jurisdictional limits of the Local Governing Body as those jurisdictional limits are delineated on the date of this agreement and hereafter may be modified. 3. Pursuant to this agreement, all such project(s) within the jurisdictional limits of the Local Governing Body are exempt from all real and personal property taxes levied or imposed by the Local Governing Body. So long as such project(s) is owned by the Recipient and is used for low-income rental or lease-purchase homeownership purposes, the Local Governing Body agrees that it will not levy or impose any real or personal property taxes upon such project(s) or upon the Recipient. with respect thereto as required by Section 101(d) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. § 4111(d). 4. During such period in which the project(s) is exempt from all real and personal property taxes levied or imposed by the Local Governing Body, the Recipient shall make annual payments of either user fees or Payments in Lieu of Taxes (PILOT) instead of taxes in payment for public services furnished from time to time without other cost or charge to such project(s). 5. Each such annual payment of user fees or PILOT shall be made on or before the 30"day of April each year. The amount shall be $150 per dwelling unit. If in the future the HUD maximum PILOT amount per dwelling increases to an amount above S 150.00 per dwelling unit, the higher amount shall be automatically applied to this agreement, and the annual amount due shall be increased to reflect the new maximum amount. 6. Duration and Termination: a) This Agreement shall be in force and effect on 2017, and shall remain in effect for as long as the Recipient owns the units. For the City For the Jamestown S'Klallam Tribe City Clerk Housing program Manager 321 E. 5"' Street 1033 Old Blyn Highway Port Angeles, WA 98362 Sequim, WA 98382 CC: City Attorney CC: Chief Operations Officer 7. During the period commencing with the date of the acquisition of any part any project(s) and continuing so long as such project(s) is owned by the Recipient and used for low-income rental or lease-purchase homeownership purposes, the Local Governing Body, without cost or charge to the Recipient or the tenants of such project(s) other than user fees or PILOT described above, shall furnish or cause to be furnished to the Recipient and the tenants of such project(s) any and all public services, facilities and infrastructure 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 within the Local Governing Body's jurisdictional limits. However, the PILOT does not pay or reduce the charge for public utility services. Nothing in this agreement requires the Local Governing Body to provide to the recipient or any tenants any public utility service on terms other than the same terms offered to other residential utility customers in the City. . 8. With respect to any project(s)the Local Governing Body further agrees that, within a reasonable time after receipt of a written request from the Recipient, it shall: a) Accept the dedication of all interior streets, roads, alleys and adjacent sidewalks within the areas of such project(s), together with all storm and sanitary sewer mains in such dedicated areas after the Recipient, at its own expense, has completed the grading, improvement, paving and installation thereof in accordance with the specifications acceptable to the Local Governing Body; 2 b) Accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such project(s) or necessary to provide adequate access thereto (in consideration whereof the Recipient shall pay to the Local Governing Body such amount as would be assessed against the project(s) site for such work if such site were not subject to this agreement and owned by another inhabitant within the Local Governing Body's jurisdictional limits); and C) Provide or cause to be provided water mains and storm and sanitary sewer mains leading to such project(s) and serving the bounding streets thereof(in consideration whereof the Recipient shall pay to the Local Governing Body such amount as would be assessed against the project(s) site for such work if such site were not subject to this agreement and owned by another inhabitant within the Local Governing Body's jurisdictional limits). 9. If by reason oft e Local Governing Body's failure or refusal to furnish or cause to be furnished any and all public services, facilities and infrastructure which it has agreed hereunder to furnish or to cause to be furnished to the Recipient or to the tenants of any project(s), the Recipient incurs any expense to obtain such services or facilities, then the Recipient may deduct the amount of such expense from any payment of user fees or PILOT due or to become due to the Local Governing Body with respect to any low-income housing project(s)owned by the Recipient. 10. No cooperation agreement previously entered into between the Local Governing Body and the Recipient shall be construed to apply to any project(s) covered by this agreement. 11. This agreement shall not be abrogated, changed, or modified without the consent of both the Local Governing Body and the Recipient. The privileges, and obligations of the Local Governing Body hereunder shall remain in full force and effect with respect to each project(s) so long as the Recipient holds title to such project(s). However, if at any time the title to, or possession of, any project(s) is held"by a,public body or governmental agency, including the Government, the provision `fiefcio`ihall inure to the benefit of and may be enforced by such public body or governmental agency, including the Government. 12. In the event any dispute arises regarding or out of this Agreement, the Parties agree to resolve such dispute by good faith negotiation. In the event, the dispute cannot be resolved by negotiation, the Partiesagree to submit the dispute to Mediation. The mediator shall be selected by mutual agreement of the Parties. 3 IN WITNESS WHEREOF,the Local Governing Body and the Recipient have respectively signed this agreement and caused their seal to be affixed and attested as of the day and year first above written. (SEAL) City of nefes By: Dan McKeen, try Manager Attest: V (SEAL) Jamestown S' lallarn Tribe By: C i Z. n'AlI Chle Okecuti�tiv� cer Attest: HE-WHE-WHE OUTZA NotorV Public W -WH' NH' 0 OrV Pt St Of Woshington My k4V COMMIsslon Expirgs Oct October 01, 2019 4 Exhibit A Jamestown 5"Klallam Tribe/City of Port Angeles Cooperative Agreement List of Individual Dwellings 825 W. 91h Street 827 W, 91° Street 1632 W. 61" Street 22.43 W. 12 Street 2245 W. 12th Street