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Home My WebLink About9.g. Dakota County HRA Cooperation AgreementDAKOTA COUNTY HRA. tt� OMNI!! Serving People and Communities September 4, 1987 DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY 2496 - 145th STREET WEST ROSEMOUNT, MINNESOTA 55068 612-423-4800 Dean Johnson, Planning Director Rosemount City Hall 2875 - 145th Street West Rosemount, :tet 55058 Dear Dean: Attached is a copy of a proposed Cooperation Agreement between the HRA, and the City of Rosemount that would allow us to purchase two housing units. This would allow the HRA to consider purchasing two units in the proposed condominium for older adults which would be located in downtown. Should the HRA purchase two units it would in turn rent the units to low and moderate income senior citizens The Cooperation Agreement was drafted by our attorney to conform with the various state law requirements related to the purchase and operation of HRA owned housing. Funding for the acquisition of these units would come from excess reserve from our 1984 housing tax increment district. If you have any questions regarding this, please let me know. 'nc rel, Mark S. Ul rs Executive Director MSU:lz Attachment "AN EQUAL OPPORTUNITY EMPLOYER" COOPERATION AGREEMENT THIS AGREEMENT entered into this _ Cay of , 19_, by and between The Dakota County Housing and Redevelopment Authority (herein called the "Authority") and the Cit- of Rosemount (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 rental housing for low or moderate income persons or families hereafter developed or acquired by the Authority pursuant to Minnesota Statutes, Section 469.017; excluding, however, any rental housing project developed or acquired by the Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development ("HUD") and excluding any rental housing project covered by any contract for loans and annual contributions entered into between the Authority and HUD, or its predecessor agencies. (b) The term "Taxing Body" shall mean the State or any political subdivision of 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 rentals of a Project exclusive of any charge for utilities and special services such as heat, water, electricity, gas, sewage disposal or garbage removal. 2. The Authority shall endeavor to develop or acquire and administer a Project or Projects located within the corporate limits of the Municipality containing, in the aggregate, approximately 2 rental units. The obligations of the parties hereto shall apply to each such Project. 3. Pursuant to Minnesota Statutes, Section 469.040: (a) each Project shall be exempt from all taxes and special assessments of the Municipality, Dakota County, the State of Minnesota or any political subdivision thereof, provided, however that when any obligations issued by the Authority to assist in financing the development of a Project have been retired, then the exemptions from taxes and special assessments shall terminate; and (b) notwithstanding the provision set forth in (a) above, after each Project has become occupied, either in whole or in part, and before the Authority retires any obligations issued by it to assist in financing such Project the Authority shall file with the proper assessor, on or before May 1 1 of each year, a statement of aggregate shelter rentals of that project collected during the preceding calendar year; and five percent (5%) of such rentals (but in any event not exceeding the amount which would be payable in taxes If the Project were not exempt from taxation) shall be charged to the Authority and collected from it as a service charge for the services and facilities to be furnished with respect to that Project, collected in the manner provided by law for the assessment and collection of taxes. The amount so collected shall be distributed to the several taxing bodies in such proportions that each will receive the same proportion as the tax rate of each bears to the total tax rate of those taxing bodies that would be levied against such Project if it were not exempt from taxation. 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 any bonds issued in connection with such Project remain unpaid, the Municipality without cost or charge to the Authority or the tenants of such Project (other than the payments set forth in 3 above) shall: (a) Furnish or cause to be furnished to the Authority and the tenants of such Project public services and facilities (not including heat, water, electricity, gas, sewage disposal or garbage removal) 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; (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 Authority such interest as the Municipality may have in such vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the 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 equipment; (c) In so far 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 the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Authority by such other lawful action or ways as the Municipality and the Authority may find necessary or convenient in connection with the development and administration of such Project. 5. in respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor form the Authority: 2 all interior streets roads (a) It will accept the dedication of a , , alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Authority, at its own expense, has completed the grading, improvement, paving, 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 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 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. No Cooperation Agreement heretofore entered into between the Municipality and the Authority shall be construed to apply to any Project covered by this Agreement. 7. No member of the governing body of the Municipality or any other public official of the 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 such other public official of the Municipality involuntarily acquired or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Authority. 8. Any obligations issued by the Authority in connection with any Project. This Agreement shall not be abrogated, chap ed or modified without the � g , g , written consent of the parties hereto. The privileges and obligations ns 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 Authority. 3 IN WITNESS WHEREOF the Municipality and the 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 Rosemount (Corporate Name of Municipality) (SEAL) By (Title) Attest: (Title) (SEAL) Attest: Secretary 4 THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By Chairman