01-09 HRA Resolution
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Resolution 01-09
December 18,2001
Commissioner Anderson introduced the following and moved its adoption:
A RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION
AGREEMENT AND AN INITIAL AGREEMENT FOR THE DEVELOPMENT AND
SUPPORT OF MHOP UNITS IN GOLDEN VALLEY
(Valley Square Commons Rental Townhomes)
WHEREAS Common Bond Communities (Common Bond) has proposed
the development of Valley Square Commons, a 25-unit townhouse project with
rents affordable to low- and moderate-income families, in the Valley Square
Redevelopment Area; and
WHEREAS CommonBond has been successful in securing funding for a
portion of this project from the Minneapolis Public Housing Authority in and for
the City of Minneapolis for 5 units of low-rent housing, to be developed with the
financial assistance of the United States Housing and Urban Development,
known as "MHOP" units; and
WHEREAS the Housing and Redevelopment Authority. in and for the City
of Golden Valley (UHRA") has supported this project as part of its Valley Square
Redevelopment Project in Area B known as Wesley Commons.
WHEREAS the HRA wishes to support the development of the units and
the ongoing management ofthe unit subsidy by the Metropolitan Council.
NOW THEREFORE BE IT RESOLVED that the HRA supports the project,
approves the attached Cooperation Agreement with the Minneapolis Public
Housing Authority in and for the City of Minneapolis and the attached Initial
Agreement with the Minneapolis Public Housing Authority in and for the City of
Minneapolis and authorizes the execution of both Agreements on behalf of the
HRA by the Chair and Director of the HRA.
ATTEST:
irector
Motion for h adoption of the foregoing resolution was seconded by Bakken; and
upon a vot aken thereon, the following voted in favor thereof: Anderson,
Bakken, Johnson, LeSuer and Micks; and the following voted against the same:
none; , whereupon said resolution was declared duly passed and adopted,
signed by the Chair and her signature attested by the Director.
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Resolution 01-09 (Con't.)
December 18,2001
FINAL EXECUTION
October 10,2001
INITIAL AGREEMENT
THIS AGREEMENT, made this _ day of December, 2001 by and between the
Minneapolis Public Housing Authority in and for the City of. Minneapolis, a public body
corporate and politic (the "MPHA") and the Housing and Redevelopment Authority in and for
the City of Golden Valley, a public body corporate and politic (the "HRA") is entered into
pursuant to Minnesota Statutes, S 471.59 and S 469.012, Subds, 1(11) and 3.
WHEREAS, the MPHA has entered into an Annual Contributions Contract ("MPHA
ACC") with the United States Department of Housing and Urban Development ("HUD") for
funding the capital and operating costs of low rent public housing units and projects throughout
the Minneapolis-St. Paul metropolitan area; and
WHEREAS, the MPHA has established the Metropolitan Housing Opportunities Program
("MHOP") pursuant to which it will cooperate with suburban counties and municipalities in the
construction and operation of qualified housing units (the "MHOP Units"); and
WHEREAS, Valley Square Commons Limited Partnership, a Minnesota limited
partnership (the "Owner") has applied to the MPHA to locate five (5) MHOP Units within its
development of a 25-unit multifamily housing project to be known as Valley Square Commons
(the "Development") to be located in the City of Golden Valley; and
WHEREAS, the MPHA and the City have agreed to cooperate in the location of five (5)
MHOP Units in the Development; and
WHEREAS, the purpose of this Agreement is to define the relationship ofthe MPHA and
HRA with respect to the planning, construction, ownership and operation of the MHOP Units.
NOW, THEREFORE, it is agreed by the parties hereto as follows:
I. PROPOSAL.
A. The MPHA will prepare and submit to HUD a proposal for development funds in the
approximate amount of not to exceed $643,560 (excluding administration funds) and
ongoing operating subsidy under the MPHA ACC for the construction and operation
of 3 replacement units ("MHOP Replacement Units") and 2 incentive units ("MHOP
Incentive Units").
B. Upon completion of MHOP Units, the MPHA may, without further action by the
HRA, assign all documents related thereto to the Metropolitan Council for ongoing
administration of the operating subsidy and grievance procedures as well as
management of the waiting lists (the "Assignment and Reformulation"). In that
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INITIAL AGREEMENT
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Resolution 01-09 (Con't.)
December 18, 2001
event,MHOP Units shall be removed from the MPHA ACC and added to the ACC of
the Metropolitan Council (the "Metro ACC"). Subsequent to the Assignment and
Reformulation:
1. All of the duties of the MPHA described herein that are yet to be
performed shall be performed by the Metropolitan Council;
2. All of the rights of the MPHA described herein shall be rights of the
Metropolitan Council; and
3. The Operating Subsidy described in Section VII will be determined or re-
determined in accordance with the Metro ACC and based upon the
Metropolitan Council Fiscal Year.
C. The MPHA shall:
1. Gather and assemble all required Development information, including
financial pro formas and design and construction documents.
2. Prepare required documentation, including initial operating budgets, in
conformity with federal regulations and HOO requirements.
3.
Administer the processing of the Proposal and obtaining their approval by
HUD.
4. Provide liaison with the Metropolitan Council and the Minnesota Housing
Finance Agency ("MHF A") with respect to all other funding effecting the
Developments.
5. Monitor the application of federal Davis-Bacon wage requirements that
shall apply to the Developments, provided that the Housing Development
Agreement between the MPHA and the Owner shall require the Owner
and construction contractors to provide the MPHA such information as it
may reasonably require in order to meet its obligation hereunder.
II. DEVELOPMENT. The MPHA shaH enter into a Housing Development Agreement
with the Owner, which will:
A. Establish the design and construction specifications of the five (5) MHOP Units
as three (3) two-bedroom and two (2) three-bedroom units;
B. Confirm the amenities to be provided within and around the Development;
C.
Provide that the level of MHOP funding for the Development will equal certified
construction costs (pro rata based on bedroom size but not to exceed allowable
total development costs established by HUD);
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Resolution 01-09 (Con't.)
December 18,2001
D.
Provide that the operating subsidy reserve fund be drawn upon in the event
operating subsidies paid by the MPHA are inadequate to pay the difference
betweenMHOP Unit income and expenses, as defined below;
E. Provide for the draw-down of public housing development funds on a pro rata
basis with other Development funding sources;
F. Establish a system by which the MHOP units within the Development will not be
physically identified, but rather will "float" throughout the Development
depending upon vacancies and availability;
G. Identify the system for construction inspections, cost certifications and
development audits;
H. Require execution by the Owner of the Regulatory and Operating Agreement and
a Declaration of Restrictive Covenants creating a covenant running with the land
obligating the Owner and all successors in interest to maintain and operate the
MHOP Units in compliance with all applicable requirements of Section 5 of the
United States Housing Act of 1937 and the ACC; and
III. MANAGEMENT. The Regulatory and Operating Agreement shall provide that the
Owner or its agent (the "Managing Agent") shall manage all the units at the
Development, including the MHOP Units and:
IV.
A. shall comply with all federal law, regulations and policies and the MPHA ACC.
B. shall provide the MPHA, the HRA and/or HUD with access to all books and
records maintained by the Managing Agent with respect to the MHOP Units.
C. shall be subject to termination and replacement as to the entire Development if it
is determined by the MPHA, subject to appropriate judicial review by any court of
competent jurisdiction, that the Managing Agent or any successor has materially
violated, breached, or failed to comply with any provision of federal law,
regulation, policy,. or the MPHA ACC.
D. shall receive from the MPHA in cooperation with the Metropolitan Council the
names of persons and families who meet the income and waiting .list criteria for
admission into the MHOP Units and shall carry out such administrative functions
as (but not. .limited to) applicant interviews and screening, verifications,
determination of suitability for admission, unit assignment, execution of leases,
terminations and evictions.
WAITING LIST MANAGEMENT. The MPHA in cooperation with the Metropolitan
Council shall maintain the waiting lists for those applying for housing in the MHOP
Units, using applicable federal, MHOP and local priorities.
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INITIAL AGREEMENT
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Resolution 01-09 (Con't.)
December 18,2001
A.
Applicants for the three (3) MHOP Replacement Units will be selected from
waiting lists based upon the following priorities:
'1. First, to families displaced by the demolition of Minneapolis public
housing units pursuant to that certain Consent Decree entered in settlement
of Hollman et al. vs. Cisneros et al., U.S.D.C. (Minn. Dist., 4th Div.) Civil
Case No. 4-92..712.
2. Second, to families on the MPHA waiting and transfer lists who live in
minority or poverty concentrated areas in the metropolitan area.
3. Third, to families on the MPHA waiting list. This will include all families
wishing to participate in MHOP, including both Minneapolis waiting list
families and applicants from the City of Golden Valley. The MPHA will
automatically place all applicants from the local waiting list on its list,
thus making both Minneapolis and City of Golden Valley residents
equally eligible for this priority.
B. The two (2) MPHA Incentive Units will be filled pursuant to local waiting lists
thatwill also be administered by the Metropolitan Council.
TheMPHA will have full and complete control over the management of the waiting list,
and the Managing Agent will have complete control over the selection of residents, so
long as the MHOP priorities and all federal and state laws are followed. The MPHA will
promptly and continuously place all Minneapolis applicants for placement on the MHOP
waiting list. If the referral system results in no eligible and suitable tenant with Consent
Decree priorities, the unit can be filled with other applicants on the waiting list. The
MPHA shall provide HOO a certification, in the form attached hereto as Exhibit A,
certifying that its waiting list procedures will conform with applicable law and
regulations.
v.
POST CONSTRUCTION DUTIES. As a part ofthe HOO close-out requirements with
respect to the MHOP Units, the MPHA shall:
A. Designate the End of the Initial Operating Period ("EIOP") and shall coordinate
the inclusion of the MHOPUnits in the MPHA Annual Operating Budget.
B. Within 12 months ofEIOP, gather information and provide HOO with the Actual
Development Cost Certificate ("ADCC").
C. Cause the preparation of an audit by an independent public accountant as a part of
its submission oftheADCC.
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December 18, 2001
D.
Monitor the Managing Agent's procedures and results in screening applicants
provided from the MPHA waiting lists and report the results thereof to HUD as
may be requested or required.
VI. TAX CERTIFICATIONS. The MPHA shall provide in its agreements with the Owner
that the Owner, or its Managing Agent, shall annually prepare and present to the HRA a
. certification to the appropriate. assessing officials of the number of MHOP units located
within the Development. The ERA shall execute and forward such certification pursuant
to Minnesota Statutes, Section 469.040, subdivision 4.
VII. OPERATING SUBSIDY. Under the MPHA ACC, HUD contracts to provide an
operating subsidy to the MPHA for all units subject to the MPHA ACC, which will
include these MHOP Units. It is therefore necessary to establish a methodology by
which the MPHA will pay operating subsidy to the Owner, of the MHOP Units. That
system, tobe described more fully in a Regulatory and Operating Agreement between the
MPHA and the Owner, will be generally as follows:
A. As used. in this Section VII, the following terms shall have the following
meanmgs:
1. "Allowed Project Expenses" means all necessary and reasonable operating
expenses of the Development for any period, including:
(a)
all ordinary and necessary expenses of operations of the
Development shown as line items on Form HUD-92547-A (Budget
Worksheet), exclusive of real estate taxes and debt service
requirements of any lender and exclusive of utility expenses which
are the direct responsibility of tenants; provided, however, that if
the Owner shall be required to borrow funds for repairs,
replacements or improvements not funded from a Development
reserve fund for replacements, debt service requirements for any
such borrowing approved by the MPHA (which approval shall not
unreasonably be withheld) shall be included in Allowed Project
Expenses; provided, further, that MHOP Unit Expenses (as
hereinafter defined) shall be reduced by any amounts contributed
by the MPHA or HRA, on a grant basis, for repairs, replacements
or improvements;
(b) management fees payable pursuant to the Management Agreement;
(c)
legal expenses associated with the operation of the Development as
well as accounting and audit expenses, including tax return
preparation expenses, permitted to be charged as project expenses
pursuant to HUD Handbook 4370.2 REV-I, Financial Operations
and Accounting Procedures for Insured Multifamily Projects, or
any successor thereto; and
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Resolution'OI-09 (Con't.)
December 18,2001
(d)
reserves for replacements and for any other purposes, as required
by any lender and approved by the MPHA.
2. "MHOP Percentage" shall mean the higher of (i) the number of MHOP
Units, divided by the total number of units at the Development, or (ii) the
net rentable square feet of the MHOP Units (assuming three (3) two-
bedroom units and two (2) three-bedroom units), divided by the net
rentable square feet of all the units at the Development. .
3. "MHOP Unit Expenses" shall mean (A) Allowed Project Expenses,
multiplied by the MHOP Percentage, plus (B) the payment in lieu of real
estate taxes made in respect of the MHOP Units, if any, plus (C) amounts
paid to MHOP Unit occupants as utility reimbursement (i.e., "negative
rent"); provided, however, that if any line item expense shall be included
in Estimated MHOP Unit Expenses on the basis of a percentage other than
the MHOP Percentage pursuant to the second sentence of Section
VII.B.(1) hereof, such expense shall be included in MHOP Unit Expenses
on the basis of the same percentage;
4.
"MHOP Unit Income" shall mean all income received in respect ofMHOP
Units, including tenant rents ("Tenant Rent" as defined in 24 CFR .~
913.102) and any other sources of income received in respect of MHOP
Units, including all types of revenue shown as line items on Form HUD
92547-A, but exclusive of operating subsidy.
5. "Estimated Allowed Project Expenses," "Estimated MHOP Unit
Expenses," and "Estimated MHOP Unit Income" shall mean the estimated
amounts of such items for any period determined in accordance with
subsection (B) hereof.
B. Not later than 90 days prior to the anticipated Date of Full Availability ("DOFA")
for occupancy of any unit of the Development, and not later than 150 days before
the first day of any.subsequent MPHA Fiscal Year, the Owner shall prepare and
submit to the MPHA a proposed operating budget for the following MPHA Fiscal
Year(or, in the case of the year in which DOFA occurs, the remainder thereof)
("Operating Budget"). The Operating Budget shall project Estimated Allowed
Project Expenses, Estimated MHOP Unit Expenses, and Estimated MHOP Unit
Income for the subject period, subject to the following conditions:
1.
Estimated Allowed Project Expenses shall be as reasonably estimated by
the Owner. The MPHA may comment upon and propose changes to the
Estimated Allowed Project Expenses as provided by the Owner and set
forth in the Operating Budget submitted to the MPHA, but the Owner
shall not be required to reduce any estimated expense below the
Development-wide amount for such expenditure reasonably anticipated by
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Resolution 01-09 (Con't.)
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December 18, 2001
the Owner for the period. However, the portion of any line item within the
Estimated Allowed Project Expenses included in Estimated MHOP Unit
Expenses shall be altered from the MHOP Percentage if the MPHA
demonstrates satisfactorily that allocation of such item to the MHOP Units
on the basisofthe MHOP Percentage is inappropriate (e.g., marketing and
advertising costs, ifsuch relate solely or preponderantly to the non MHOP
units).
2.
Until the completion of initial rent-up of the MHOP Units, Estimated
MHOP Unit Income shall be determined on the basis of assumed tenant
rent collections for each unit size equal to the average tenant rent
collections for all units of comparable size owned and administered by the
MPHA in the most recent annual or semiannual period for which such
statistics are available at the time of the Owner's submission of the
Operating Budget for such period to the MPHA. For each subsequent
MPHA Fiscal Year, Estimated MHOP Unit Income shall be determined on
the basis of the aggregate tenant rents actually collected for all MHOP
Units during the first six months of the preceding MPHA Fiscal Year.
Notwithstanding the foregoing, with respect to any MPHA Fiscal Year,
the MPHA may agree to project Estimated MHOP Unit Income at a level
different from that which would otherwise be established pursuant to the
preceding sentence, taking into account (a) the reasonably anticipated
level of incomes oftenants anticipated to be admitted to the MHOP Units
during such period, based on anticipated. turnover and the admissions
policies, and (b) reasonably anticipated increases in income levels of
existing tenants based on tenant participation in employment training and
other supportive services programs.
C. During each MPHA Fiscal Year commencing with the. first MPHA Fiscal Year
after DOF A, and subject to any limitations arising from application of Section 20
( e) of the Act and operation of the Development Operating Subsidy Cap, the
MPHA shall pay to the Owner an amount equal to (1) Estimated MHOP Unit
Expenses for such period, less (2) Estimated MHOP Unit Income for the period
(the "Operating Subsidy Requirement"). The MPHA shall pay to the Owner, on
the first day of each month of an MPHA Fiscal Year, one-twelfth (1/12) of the
Operating Subsidy Requirement for such MPHA Fiscal Year; provided, however,
that the Owner and the MPHA may agree, upon determination of the Operating
Budget and Operating Subsidy Requirement for any MPHA Fiscal Year, to
provide for unequal monthly payments for such year.
VIII. REGULATORY AND OPERATING AGREEMENT RESPONSIBILITY. The
Regulatory and Qperating Agreement provides for ongoing joint monitoring and
decision-making by the MPHA and HUD.
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IX.
RESERVE FUND. An operating reserve will be created by the Owner from its funds.
The reserve will equal three years' estimated operating subsidy for the MHOP Units, but
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Resolution 01-09 (Con't.)
December 18,2001
will be allowed to grow through interest earnings and certain operating subsidy
reimbursements, if any. Shortfalls, either because of the recalculation of three years'
estimated operating subsidy or because of necessary withdrawal from the reserve may be
made up by the MPHA, but it is not obligated to do so.
X.
ADMINISTRATIVE COSTS. The MPHA and HRA shall each bear the costs
associated with their respective obligations and responsibilities described herein or
otherwise related to the construction and operation of the MHOP Units.
TERMINATION AND/OR ASSIGNMENT.
A. In the event the HRA wishes to terminate this Agreement it may do so as follows:
1. Ninety (90) days' notice of its intention to terminate shall be served upon
the MPHA by the HRA in writing;
2. The HRA shall assume and undertake all of the obligations and
responsibilities ofthe MPHA as set forth in all written agreements relating
to Development between the MPHA, on the one hand, and the Owner, the
MHF A, HUD or any other contracting party~ on the other;
3.
The HRA shall become the contracting party with HUD with respect to the
annual contributions contract governing the construction and operation of
the Development;
4. Subject to HUD's review and approval in writing to such termination; and
5. The MPHA shall be released from all future liability arising from and
responsibility for the ongoing construction or operation of the
Development.
B. All agreements executed by the MPHA with respect to the Development shall
provide for the eventualities described in this paragraph XI.
XII. MISCELLANEOUS.
A.
No member, official, or employee of the MPHA or HRA shall have any personal
interest, direct or indirect, in this Agreement, nor shall any such member, official,
or employee participate in any decision relating to this Agreement which affects
his or. her personal interests or the interests of any corporation, . partnership, or
association in which he or she is, directly or indirectly, interested. No member,
official, or employee of the MPHA or HRA shall be personally liable to a party to
this Agreement, or any successor in interest, in the event of any default or breach
by any party or for any amount which may become due a party or successor or on
any obligations under the terms of this Agreement.
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December 18, 2001
B.
The parties hereto, for themselves and their successors and assigns, agree that
during the term of this Agreement they will comply with all affirmative action
and non-discrimination requirements of applic;able federal, state or local laws or
regulations.
C. Any titles of the several parts, Articles, and Sections of this Agreement are
inserted for convenience of reference only and shall be disregarded in construing
or interpreting any of its provisions.
D. Except as otherwise expressly provided in this Agreement, a.notice, demand, or
other communication under the Agreement by either party to the other shall be
sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
1.
in the case of the MPHA, is addressed to or delivered personally to the
MPHA at 1001 North Washington Avenue, Minneapolis, MN 55401,
Attention: Executive Director; and
2.
in the case of the HRA, is addressed to or delivered personally to theHRA
at 7800 Golden Valley Road, Golden Valley, Minnesota 55427-4508,
or at such other address with respect to either such party as that party may,
from time to time, designate in writing and forward to the other as
provided in this Section.
E. This Agreement may be executed in any number of counterparts, each of whom
shall constitute one and the same instrument.
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December 18,2001
IN WITNESS WHEREOF, the MPHA has caused this Agreement to be duly executed in
its name and behalf and its seal to be hereunto duly affixed and the HRA has caused this
Agreement to be duly executed in its name and behalf on or as ofthe date first above written.
MINNEAPOLIS PUBLIC HOUSING
AUTHORITY IN AND FOR THE CITY
OF MINNEAPOLIS
By
Cornell L. Moore
Its Chairman
By
Cora McCorvey
Its Executive Director
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF GOLDEN VALLEY
By
Its
By
Its
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INITIAL AGREEMENT
EXECUTION COpy
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Resolution 01-09 (Con't.)
December 18,2001
EXHIBIT A
Waiting List Certification
We hereby certify that the waiting list of the MPHA for the Metropolitan Housing
Opportunity Program at the Valley Square Commons in Golden Valley, Minnesota will conform
to the Consent Decree in settlement of Hollman et aI. v. ,Cisneroset aI., U.S.D.C. (Minn. Dist.,
4th Div.) Civil No. 4-92-712 and 24 CFR Part 5, Part 8, 913, 960 and 966 and applicable Fair
Housing and Equal Opportunity laws and regulations.
Dated: December _,2001
MINNEAPOLIS PUBLIC HOUSING
AUTHORITY IN AND FOR THE CITY OF
MINNEAPOLIS
By
Cora McCorvey
Its Executive Director
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Resolution 01-09 (Con't.)
December 18, 2001
FINAL EXECUTION
October 31, 2001
COOPERATION AGREEMENT
This Agreement made and entered into this day of December, 2001, by and between
the Minneapolis Public Housing Authority in and for the City of Minneapolis (the "MPHA"), the
Housing and Redevelopment Authority in and for the City of Golden Valley (the "HRA") and the
City of Golden Valley, State of Minnesota (the "Municipality").
WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
follows:
1. Whenever used in this Agreement:
(a) The term "MHOP Units" means five (5) units of low-rent housing hereafter to be
developed with the financial assistance of the United States of America acting
through the Secretary of Housing and Urban Development (the "Government") and
located within a twenty-five (25) unit multifamily housing development (the
"Development") to be owned by Valley Square Commons Limited Partnership
("Owner") and located in the City of Golden Valley, Minnesota.
(b)
The term "Taxing Body" or "Taxing Bodies" means the State of Minnesota and any
and all political subdivisions or taxing units thereof in which the MHOP Units are
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 the MHOP Units if they were not exempt from such
taxation.
(c) The term "Shelter Rent" means the total of all charges to all MHOP Unit tenants for
dwelling rents and nondwelling rents (excluding all other income of the MHOP
Units) less the cost of all dwelling and nondwelling utilities.
2. The MPHA shall endeavor:
(a) to secure a contract with the Government for capital grants and annual contributions
for the MHOP Units;
(b) to cause the development of the MHOP Units; and
(c) to assign to the Metropolitan Council its responsibilities under this and other
agreements relating to the MHOP Units for purposes. of ongoing administration
thereof
3.
(a)
Pursuant to Minnesota Statutes, Section 469.040, the MHOP Units are exempt from
all real and personal property taxes levied or imposed by any Taxing Body for so
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long as either (i) the MHOP Units are owned by a public body or governmental
agency and are used for low-rent housing purposes, (ii) the MHQP Units are subject
to the requirements of Section 5 of the United States Housing Act of 1937, (iii) the
contract between the MPHA and the Owner in connection with the MHOPUnits
continues to obligate the Owner to operate the MHOP Units as a low income housing
project, or (iv). any obligations issued in connection with the MHOP Units or any
moneys due to the Government in connection with such MHOP Units remain unpaid,
whichever period is the longest (the "Exemption Period").
(b)
During the Exemption Period, the Municipality, on behalf of the Taxing Bodies,
agrees that it will not levy or impose any real or personal property taxes upon the
MHOP Units or upon the MPHA with respect thereto. Because theMHOP Units
consists of five (5) units located within and under common private ownership with
twenty (20) additional housing units which comprise the Development, the property
taxes and property tax exemption shall be determined as follows: (i) the tax capacity
of the total Development shall be multiplied by a fraction, the numerator of which
equals the total number of MHOP Units and the denominator of which equals the
total number of housing units in the Development and (ii) the product thereof shall be
deducted from said tax capacity.
During the Exemption Period, the MPHA shall cause to be included in agreements
with the Owner the obligation of the Owner to make annual payments inlieu of taxes
("PILOT") in payment for the public services and facilities furnished from time to
time without other cost or charge for or with respect to the MHOP Units. Each
PILOT shall be made at the time when real property taxes on the MHOP Units would
be paid if it was subject to taxation, and shall be in an amount equal to either (i) five
percent (5%) of the Shelter Rent actually collected but in no event to exceed five
percent (5%) of the Shelter Rent charged with respect to such MHOP Units during
the preceding calendar year, or (ii) the amount permitted to be paid by applicable
State law in effect on the date such payment is made, whichever is lower.
(d) Pursuant to Minnesota Statutes, Section 469.040, subdivision 3, the County of
Hennepin shall distribute the PILOT 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 MHOPUnits were not exempt from taxation; 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 MHOP Units were not exempt from taxation.
(e) In the event the PILOT is not paid, no lien against the MHOP Units or assets of the
MPHA or HRA shall attach, nor shall any interest or penalties accrue or attach on
account thereof.
4.
During the Exemption Period, the Municipality, or other appropriate Taxing Body, without
cost or charge to the MPHA, HRi\ or tenants. of the MHOP Units (other than PILOT) but
consistent with Plans approved by the Municipality in the normal course and in accord with
applicable procedures shall:
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(a)
Furnish or cause to be furnished to the MHOP Units 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;
(b) Insofar as the Municipality may lawfully do so, vacate such streets, roads, and alleys
within the area of the MHOP. Units as may be necessary in the development thereof,
and. convey without charge to the MPHA, HRA or Owner of the MHOP Units such
interest as the Municipality, or other Taxing Body may have in such vacated areas;
and, in so far as it is lawfully able to do so without cost. or expense to the MPHA,
HRA and the Owner of the MHOP Units or to the Municipality or other Taxing
Body, 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 or other Taxing Body may lawfully do so, (i) grant such
deviations from the building code of the Municipality or other Taxing Body as are
reasonable and necessary to promote economy and efficiency in the development and
administration of the MHOP Units, and at the same time safeguard health and safety,
and (ii) make such changes in any zoning of the site and surrounding territory of the
MHOP Units as are reasonable and necessary for the development and protection of
the MHOP Units and the surrounding territory;
(d)
Accept grants of easements necessary for the development of the MHOP Units; and
(e) Cooperate with the MPHA and HRA by such other lawful action or ways as the
Municipality or other Taxing Body and the MPHA may find necessary in conne.ction
with the development and administration of the MHOP Units.
5. In the initial development ofthe MHOP Units, the Municipality further agrees, on behalf of
all Taxing Bodies, that within a reasonable time after receipt of a written request therefor
from the MPHA or HRA:
(a) that. it will accept all interior streets, roads, alleys, and adjacent sidewalks within the
area of the Development, together with all storm and sanitary sewer mains in such
dedicated areas, after the Owner of the MHOP Units, at its own expense, has
completed the grading, improvement, paving, and installation thereof in accordance
with specifications acceptable to the Municipality or other Taxing Body;
(b) that it will accept necessary dedications of land for, and will grade, improve, pave,
and provide sidewalks for, all streets bounding the Developments as are necessary to
provide adequate access thereto (in consideration whereof the Owner shall pay to the
Municipality or other Taxing Body such amount as are or could be assessed against
the Development); and
(c)
that it will provide, or cause to be provided, water mains, and storm and sanitary
~ewer mains, leading to the Development and serving the bounding streets thereof (in
C:\WINDOWS\TEMP\COOP.DOC
3
COOPERATION AGREEMENT
.
.
.
Resolution 01-09 (Con't.)
December 18,2001
consideration whereof the Owner of the MHOP Units shall pay to the Municipality or
other Taxing Body such amount as is or could be assessed against the Development).
6.
Ifby reason of the Municipality's or other Taxing Body's failure or refusal to furnish or cause
to be furnished any public services or facilities which it has agreed hereunder to furnish or
cause to be furnished to the MPHA, HRA, the Owner or tenants of the MHOP Units, and the
MPHA, the HRA or the Owner of the MHOP Units incurs a~y expense to obtain such
services or facilities, then the MPHA or HRA may cause to be deducted the amount of such
expense from any PILOT due or to become due to the Municipality or other Taxing Body in
respect to the MHOP Units, provided that the MPHA shall notify the Municipality or other
taxing body of the alleged failure in writing at least thirty (30) days prior to deducting such
expense from any PILOT.
7.
No Cooperation Agreement heretofore entered into .between the Municipality and the MPHA
or HRA shall be construed to apply to any MHOP Units covered by this Agreement.
8.
No member of the governing body or any other public official of the Municipality or other
Taxing Body who exercises any responsibilities or functions with respect to the MHOP Units
during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in
the MHOP Units or any property included or planned to be included in the MHOP Units, or
any contracts in connection with the MHOP Units or property. If any such governing body
member or such other public official of a Taxing Body involuntarily acquires or had acquired
prior to the beginning of his/her tenure any such interest, he/she shall immediately disclose
such interest to the MPHA or HRA.
9. During the Exemption Period this Agreement shall not be abrogated, changed, or modified
without the consent of the Government. The privileges and obligations of the Municipality
and other Taxing Bodies hereunder shall also remain in full force and effect with respect to
the MHOP Units so long as the beneficial title to the MHOP Units is held by the MPHA or
by any other public body or governmental agency, including the Government, 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, the MHOP Units 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.
10. The Government, the Municipality and the HRA hereby consent to the future assignment of
the MPHA's interest in this Agreement to the Metropolitan Council.
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4
COOPERATION AGREEMENT
.
.
.
Resolution 01-09 (Con't.)
December 18,2001
IN WITNESS WHEREOF the Municipality, the MPHA and the HRA have respectively
signed this Agreement and caused their seals to be affixed and attested as of the day and year first
above written.
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MINNEAPOLIS PUBLIC HOUSING
AUTHORITY IN AND FOR THE CITY
OF MINNEAPOLIS
By
Cornell L. Moore
Its Chairman
And by
Cora McCorvey
Its Executive Director
CITY OF GOLDEN VALLEY,
MINNESOTA
By
Its
And by
Its
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF GOLDEN VALLEY
By
Its
. And by
Its
5
COOPERATION AGREEMENT