Loading...
HomeMy WebLinkAbout32-79 RESOLUTION• • RESOLUTION NO. sa.-7g • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, AND THE URBAN RENEWAL AGENCY OF THE CITY OF FAYETTEVILLE, TO CLOSE OUT URBAN RENEWAL PROJECT NO. ARK R-105. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Memorandum of Agreement marked "Exhibit A", attached hereto and made a part hereof, by and between the Urban Renewal Agency of the City of Fayetteville and the City of Fayetteville is hereby approved in all respects. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute said agreement in five (5) counterparts on behalf of the City, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the acceptance and execution thereof as may be required by the United States of America, (herein called the "Government"). Section 3. That the City hereby agrees to abide by all the provisions, terms, and conditions of said Memorandum of Agreement. Section 4. This Resolution shall take effect this 17th day of April, 1979. PASSED AND APPROVED, this / % day of (7 , 1979. APPROVED: s t.ATTEST,t3 = . A" j ^ S ';;�r .ITY ERK YOYOR MMM MICROFILMED DAIL 1-11._5 " REFIy�— • MEMORANDUM OF AGREEMENT net SriT /1 This Agreement is made and entered into this / % day of C(..�.- �� , 1979, by and between the City of Fayetteville, Arkansas, hereinafter referred to as "City," and the Housing Authority of the City of Fayetteville, Arkansas," hereinafter referred to as the "Agency," and concurred in by the United States Department of Housing and Urban Development, hereinafter sometimes called "Government" or "HUD" or "Department." WITNESSETH: WHEREAS, the Agency has heretofore entered into that certain Loan and Capital Grant Contract dated February. 11, 1972, as amended, with the United States of America providing for financial assistance to the Agency under Title I of the Housing Act of 1949, as amended, identified as Loan and Capital Grant Contract No. Ark. R-105(LG), Project No. Ark. R-105; an WHEREAS, pursuant to the terms of such Agreement, and a cooperation contract between the City and Agency, the City is obligated to pay one-fourth of the net project cost through the furnishing of local grants-in-aid; and WHEREAS, the City and Agency contend it has become necessary, due to the substantial completion of project urban renewal activities insofar as same may be completed from a practical and financial standpoint, to close out the project; and WHEREAS, it has become necessary to evaluate further the continued carrying out of the urban renewal project, hereinafter called "project" or "projects;" and WHEREAS, the City is willing to assume additional obligations respecting the carry- ing out of certain necessary duties and responsibilities imposed upon the Agency by the Loan and Capital Grant Contract relating to the disposal of project lands presently under the control of the Agency; NOW, THEREFORE, the Agency and the City do hereby mutually agree and represent as follows: 1. Prior to closeout of the subject project it is anticipated that the two remaining parcels of unsold land in the subject project area shall have been sold for a total amount of $72,400.00. The two parcels are identified in Attachment A which is attached hereto and made a part hereof. 2. All of the land identified hereinabove remains subject to covenants under the provisions of which: a. The use of the property by the Agency, City or its assignees shall be in accordance with the Urban Renewal Plan for Project No. Ark. R-105; b. Any improvements on such property required by the Urban Renewal Plan shall be begun within a reasonable time after property is acquired for redevelop- ment by the City or its assignees; c. Any proposed reconveyances of such property by the Agency or the City for purposes of redevelopment shall be subject to the public disclosure re- quirements already applicable to local public agencies in the disposition of project land to redevelopers under Section 105(e) of Title I of the Housing Act of 1949, as amended; and d. Discrimination upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use or occupancy of such land or any improvements erected or to be erected thereon shall be pro- hibited and the Agency, City and the United States shall be beneficiaries of and entitled to enforce such covenant. 3. All proceeds from the sale or lease of property identified in Paragraph 1. here- inabove shall be treated as program income of the City under the provisions of 24 CFR 570.506, provided however, that such proceeds may be applied to the reimbursement of any funds of the City, other than funds made available under 24 CFR 570.800 et seq., or cash local grants-in-aid required on the basis of incurred net project costs, which were used for the payment of temporary loans for the project. • 4. Prior to closeout of the subject project the following demolition work shall have been completed: Parcel No. a. 17-C 17-D b. 15-C 15-D 15-E 15-F Address 118 West Center Street 116 West Center Street 8 East 6 East 4 East 2 East Center Center Center Center Street Street Street Street All of the above identified demolition work is under contract with Triple "A" Plus Wrecking and Excavating, Tulsa, Oklaloma, in the total amount of $13,450. Said contract is dated February 1, 1979. 5. The Agency further agrees that HUD may conduct audits and inspection of books, papers, certifications, accounts and all other documents with respect to the administra- tion of the operating account and completion of all activities and to establish require- ments for proper certifications with respect to the administration of said operating account and completion of all activities. 6. During the life of Project No. Ark. R-105, a total of two dwelling units were demolished. All of the low and moderate income housing requirements to be provided pur- suant to Section 105(h) of Title I of the Housing Act of 1949, as amended, have been provided, since 34 dwelling units were rehabilitated to meet property rehabilitation standards in accordance with the Plan in the project area. Such units are identified as to general location on the map attached hereto and made a part hereof as Attachment B. Housing not provided would be incorporated and identified in the City's Housing Assistance Plan. 7. The Urban Renewal Plan for Project No. Ark. R-105 provides for the construction of three dwelling units in the project area. To date none has been provided for low or moderate income persons. Section 105(f) of the Housing Act of 1949, as amended, requires that 20 percent of the total be redeveloped for low income persons and a majority for low and moderate income persons. The City hereby agrees to incorporate and identify in its Housing Assistance Plan all such housing remaining to be provided, which amounts to one unit for low income persons and two units for low and moderate income persons. Further, any change in housing obligations or in previously approved land usages affecting housing obligations shall require prior written approval of the Secretary of HUD so long as the area remains predominately residential under the provisions of the applicable Urban Re- newal Plan. 8. As of April 1, 1979, the Agency's outstanding direct loan with the Government totaled in principal $485,702.91. It is anticipated that adequate project funds shall be available to retire the total loan including interest; however, if additional funds shall be necessary, Community Development Block Grant funds shall be used to make up any deficit. 9. In the event that the City should succeed the Agency with respect to any duties, activities, obligations or otherwise connected with completion or carrying out of the project the City hereby agrees to be bound by the terms of this Agreement and to perform the Agency's duties, obligations, and activities to the same extent as the Agency is herein obligated. 10. Any costs or obligations incurred in connection with the project with respect to claims which are disputed, contingent, unliquidated or unidentified and for the payment of which insufficient project funds have been reserved under the financial settlement, shall be borne by the City. Such additional expenses may be paid from funds made available from Community Development Block Grant funds under 24 CFR 570. et seq. 11. Obligations under this Agreement are made specifically subject to the program management requirements of Subpart (3) of 24 CFR 570.900, et seq. 12. It is specifically understood and agreed that the concurrence of this Agreement by the United States Department of Housing and Urban Development shall not constitute a waiver of the terms of the Loan and Capital Grant Contract with the Agency. IN WITNESS WHEREOF, the parties by these presents have executed the Agreement on the date hereinabove shown. ATTEST: C-ftl Lihedialc Secretary HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS CONCURRED IN: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By Regional Director for Community Planning and Development • Parcel No. Purchaser P-1 C-9 Off -Street Parking Development District No. 1 City of Fayetteville Arkansas City of Fayetteville REMAINING UNSOLD LAND TO BE SOLD PRIOR TO CLOSEOUT Square Value Footage Legal Description ATTACHMENT A $37,500 12,900 All of Lot Numbered Nine (9) and Part of Lot Eight (8) in Block Seventeen (17) of the orig- inal town (now City) of Fayetteville, Arkansas and being more particularly described as follows, to -wit: Beginning at a point in the center of the East wall of a stone building on Lot Nine (9) in Block Seventeen (17) in the original plat of the Town (now City) of Fay- etteville, at or near the South West corner of Lot Eight (8) in said Block Seventeen (17), ani running, thence North with the center line of said stone wall to the North end thereof, and continuing North in a direct line to the North West corner of said Lot Eight (8); thence East twenty-seven (27) feet; thence South one hund- red fifty-five (155) feet to the South line of said Lot 8; thence West twenty-seven (27) feet to the place of beginning, and being a strip of uniform width of twenty-seven (27) feet off of. and along, the West side of said Lot eight (8) in Block Seventeen (17) in the original plat of the Town of Fayetteville, and including an un- divided one-half interest in the East wall of the stone building aforesaid, the. center line c which wall is to be the West line of said twent seven feet of ground. $34,900 8,761 Part of Lots Six (6) and Seven (7) in Block Fifteen (15) of the original town (now City) of Fayetteville, Arkansas, and being more particularly described as follows, to -wit: Beginning at the Southwest corner of said Block 15 and running thence East 89 feet 41 inches; thence North 98 feet; thence West 11 feet 31 inches; thence North 10 feet; thence WE 51 feet 1 inch; South 10 feet; thence West 27 feet; thence South 98 feet to the point of beginning. TOTAL $72,400