Columbus, Georgia

5



318497.4



COOPERATION AGREEMENT

between

THE CITY OF COLUMBUS, GEORGIA

and

THE HOUSING AUTHORITY OF COLUMBUS, GEORGIA



In consideration of the mutual promises of the City of Columbus, Georgia,

(herein called the "City") and The Housing Authority of The City of Columbus,

Georgia, (herein called the "Authority") hereinafter set forth, the City and

Authority agree as follows:



1. The City and the Authority previously entered into various Cooperation

Agreements beginning on August 29, 1938, and this Cooperation Agreement

replaces all earlier Cooperation Agreements.



2. The term ?Project? as used in this Agreement shall mean any housing

project heretofore and hereinafter located within the City which constitutes

property of an authority as defined in O.C.G.A. ?8-3-8, including any portion

of a housing project that is subject to a private enterprise agreement with the

Authority.



3. The City agrees that, during the period commencing with the date of this

Agreement, it will furnish, without cost or charge to the Authority or the

tenants thereof, municipal services and facilities for such Projects and the

tenants thereof, of the same character as those furnished without cost or

charge for other dwellings and inhabitants in the City; that it will maintain

in good repair and working order any and all municipal utilities and

facilities, provided by it for the use and benefit of each Project and the

tenants thereof; and that it will maintain in good repair streets and roads

which are dedicated and accepted by the City within, adjacent or leading to the

boundaries of each Project.



4. Nothing in this Agreement shall be construed as limiting the power of the

City to furnish aid and cooperation other than and in addition to the matters

more particularly described in this Agreement.



5. The Authority agrees that it will use its best efforts to develop the

Projects as rapidly as possible, to operate and maintain such Projects for

families of low income, and to keep the City fully informed as to the status of

the Projects.



6. This Agreement shall continue in full force and effect with respect to each

Project so long as the Project continues to be operated for the benefit of

low-income persons..



7. It is agreed that none of the provisions of this Agreement shall be

construed as being obligatory upon the City to levy taxes or to in anywise

create a financial obligation on the part of the City.



8. For so long as this Agreement shall continue in effect, payments in lieu

of taxes shall be made by the Authority to the City at all times, in amounts,

and subject to the conditions and limitations, as follow, to-wit:



(a) After the end of each fiscal year of the Authority, the Authority shall

pay to the City, for and on account of each such fiscal year, an amount equal

to 10% of the aggregate Shelter Rent (as hereinafter defined) received by the

Authority in respect to said Projects during such fiscal year;



(b) The term ?Shelter Rent? as herein used shall mean the total of all

charges to all tenants of the Projects for dwelling rents and non-dwelling

rents (excluding all other income of such projects), less the cost to the

Authority of all dwelling and non-dwelling utilities;



(c) The City agrees to share each such annual payment in lieu of taxes with

the Muscogee County School District (hereinafter called the ?District?), and to

pay to the District such proportion thereof that the District will receive from

the total payment made by the Authority hereunder, the same proportion as the

District?s ad valorem tax rate which would be levied against the Projects, if

they were not exempt from taxation, bears to the total tax rate that would be

imposed by the City and imposed on behalf of the District combined if the

Projects were not exempt from taxation; provided, however, no payments for or

on account of any fiscal year shall be made to any taxing body (including the

City and the District) which in the aggregate exceed the amount of the real

property taxes which would have been paid to or for the benefit of such taxing

body for such year if the Projects were not exempt from taxation;



(d) No such payments for or on account of any fiscal year shall be made

which exceed the amounts permitted to be paid by applicable State law in effect

on the date hereof; and in the event of any failure of the Authority to make

any such payments in lieu of taxes, no lien against the Projects or any assets

of the Authority shall attach, nor shall any interest or penalties accrue or

attach on account thereof; and



(e) 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 under this Agreement to furnish or

cause to be furnished to the Authority or to said Projects, or shall make any

charges therefor, then the Authority may either pay such charges or proceed to

obtain such services or facilities elsewhere, and deduct the cost thereof from

any payments in lieu of taxes due or to become due from the Authority in

respect to the Projects or any other low-rent housing projects operated by the

Authority in said City.



9. No member of the governing body of the City or any other public

official of the City, 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 City involuntarily acquires or had acquired prior to the

beginning of his tenure any such interests, he shall immediately disclose such

interest to the Authority.



10. So long as any contract between the Authority and the United

States of America, acting through the Department of Housing and Urban

Development (?Government?) for loans (including preliminary loans) or annual

contribution, or both, in connection with any Project, remains in force and

effect, or so long as any bonds issued in connection with any Project or any

monies due to the Government in connection with any Project remain unpaid, this

Agreement shall not be abrogated, changed, or modified without the consent of

the Government. The privileges and obligation of the City hereunder shall

remain in full force and effect with respect to each Project so long the

beneficial title to such Project is held by the Authority or by any other

public body or governmental agency, including the Government, or by anyone else

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 governmental agency, including

the Government, or any other appropriate entity, the provisions hereof shall

inure to the benefit of and may be enforced by, such other appropriate entity.



11. This Agreement may be executed in any number of counterparts, and it

shall not be necessary that the signatures of all parties be contained on any

one counterpart. Each counterpart shall be deemed to be an original, and all

such counterparts collectively shall constitute one and the same instrument.



12. Time is of the essence under this Agreement.



IN WITNESS WHEREOF, the City of Columbus, Georgia and The Housing Authority of

the City of Columbus, Georgia, have respectively caused this Agreement to be

duly executed in triplicate as of the _____ day of October, 2005.



CITY OF COLUMBUS, GEORGIA



BY ________________________________

Mayor



(SEAL)

ATTEST: ____________________________

City Clerk



THE HOUSING AUTHORITY OF THE

CITY OF COLUMBUS, GEORGIA



BY _______________________________

Chairman

(SEAL)

ATTEST: ____________________________

Secretary