Loading...
HomeMy WebLinkAboutExhibitCOOPERATION AGREEMENT This COOPERATION AGREEMENT (the "Agreement") dated as of , 2008, by and among THE ENTERPRISE COMMUNITY PARTNERS, INC., a nonprofit corporation organized and existing under the laws of the State of Maryland ("Enterprise"), THE CITY OF MIAMI, a municipal corporation incorporated under the laws of the State of Florida ("City") collectively, the "Parties"). RECITALS WHEREAS, the City of Miami desires to forward the Mayor's commitment to promote affordable housing, restore and enhance the environment, reduce greenhouse gas emissions, reduce financial and health costs of building operations, and conserve natural resources by encouraging the construction of green affordable housing; WHEREAS, Enterprise as a national intermediary providing financing, grants and technical assistance to create housing, revitalize communities and provide life opportunities for low- income families and individuals, desires along with its partner to focus resources in Miami to encourage and support the construction of green affordable housing that will have significant health, economic and environmental benefits to low-income families and communities in the City; WHEREAS, the Parties seek to forward their mutual goals by acting cooperatively, through this Agreement, to encourage the development and construction of "Green Affordable Housing" (as defined herein) developments in Miami through the "Miami Green Communities" initiative.. WHEREAS, the Parties seek to forward their mutual goals by acting cooperatively, through this Agreement, to encourage the development and construction of "Green Affordable Housing" (as defined herein) developments in cities across the country through outreach to local officials, including through the U.S. Conference of Mayors NOW, THEREFORE, in consideration of the foregoing recitals, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Purpose. The Parties shall work collaboratively, through their respective programs, to promote the development and construction of Green Affordable Housing in Miami. For purposes of this Agreement, `TieenAffs rdable Housing" shall be defined as housing developments which (i) if multi -family developments, include 25 or more rental units to be occupied by households with incomes at or below sixty percent (60%) of area median income; (ii) if multi -family developments, include 25 or more condominium units to be occupied by households with incomes at or below sixty percent (80%) of area median income; (iii) if single family developments, include units to be occupied by households with incomes at Cooperation Agreement Page 2 or below eighty percent (80%) of area median income; and (iv) meet the features specified under the "Green Communities Criteria," jointly developed by Enterprise, Natural Resources Defense Council, and other national experts. In addition, the Parties will work collaboratively to promote "Green Affordable Housing" and the "Green Communities Criteria" among other public officials, including mayors and members of Congress. 2. In undertaking this collaboration, the Parties agree to the following: (a) The City will: 1. Incorporate the Green Communities Criteria across the City's housing and community development programs by, at a minimum,: a. Including the Green Communities Criteria in the evaluation criteria for program activities supported by the City's affordable housing trust fund and state and federal entitlement funding. b. Examining property disposition initiatives and redevelopment opportunities for ways to encourage greener affordable housing. 2. Work with Enterprise to identify and provide targeted funding to support three to five developments located in Miami that can serve to demonstrate how the Green Communities Criteria can be cost-effectively integrated into affordable housing. 3. Promote its collaboration with Enterprise through a variety of measures, including: a. Press releases and advertisements in any appropriate publications; b. Participating in promotional events; c. Promoting the partnership via the City's website; and d. Educating federal officials, including members of Congress. (b) Enterprise will: 1. Support the City's use of the Green Communities Criteria by providing technical assistance and training to City staff; 2. Provide support and technical assistance to the City in its effort to refine programmatic guidelines to include the Green Communities Criteria into its portfolio of housing programs; Cooperation Agreement Page 3 3. In partnership with the City, deliver training to area developers on green affordable housing methods; 4. Lead evaluation efforts regarding the costs and benefits of meeting the Green Communities Criteria in the three to five demonstration developments referred to above using a data collection tool developed by Enterprise for this purpose. 5. Assist the City in the identification of additional resources and partners to expand its Green Affordable Housing efforts. (c) The Parties will work jointly to promote Green Affordable Housing and the Green Communities Criteria with public officials, through: 1. Direct advocacy with other public officials, including mayors; 2. Events, activities, and publications associated with the U.S. Conference of Mayors. 3. Preparation and Approval of Printed Materials. Each party shall be responsible for the development and cost of their respective materials and activities set forth in Section 2 above. Notwithstanding the foregoing, each party shall submit to the other Parties in advance copies of printed and electronic promotional materials for review not less than five (5) days prior to publication. 4. Permission to Use Program and Organization Logos Each party shall have the permission to utilize the logos of the Parties under this Agreement for purposes of the Program. 5. Schedule and Event Planning The Parties shall jointly develop a schedule for the Collaboration as necessary to maximize use of resources. 6. Termination. This Agreement may be terminated by a party, at any time and for any reason, without penalty, upon thirty (30) calendar days' written notice to the other Party. Upon termination of the Agreement, the Parties shall immediately discontinue the use of the logor ^r t� � thovther-dies -Unless-othery ise4ennin d--in-advance-by-a party -as -set -forth below, this Agreement shall automatically terminate on December 31, 2009. 7. Default and Breach of Agreement. Cooperation Agreement Page 4 The Parties mutually acknowledge and agree that this Agreement is limited to the joint promotion of Green Affordable Housing programs offered by the Parties. In the event of a default or breach of Agreement by a party or Parties, the sole remedy for an aggrieved party shall be termination of the Agreement as set forth above. 8. Notices Any notice or other communication in connection with this Agreement shall be in writing and: (i) deposited in the United States mail, postage prepaid, by registered or certified mail; (ii) hand delivered by any commercially recognized courier service or overnight delivery service, such as Federal Express; or (iii) sent by facsimile transmission if a fax number is designated below, addressed as follows: If to the City of Miami: If to Enterprise: Department of Community Development City of Miami 444 SW 2°a Ave, 3rd Floor Miami, FL 33130 Attn: George Mensah, Director Fax: (305)416-2090 Enterprise 10227 Wincopin Circle Suite 500 Columbia, Maryland 21044 Attn: Dana Bourland Fax : (410) 772-2516 A notice shall be deemed to have been given, delivered and received upon the earliest of: (i) if sent by certified or registered mail, on the date of actual receipt (or tender of delivery and refusal thereof) as evidenced by the return receipt; or (ii) if hand delivered by such courier or overnight delivery service, when so delivered or tendered for delivery during customary business hours on a business day at the specified address; or (iii) if facsimile transmission is a permitted means of giving notice, upon receipt as evidenced by confirmation. 11. Execution This Agreement may be executed in counterparts. Cooperation Agreement Page 5 In witness whereof, the Parties have executed this Agreement as a sealed instrument as of the date first stated above. THE CITY OF MIAMI By: ENTERPRISE COMMUNITY PARTNERS By: Doris Koo President and Chief Executive Officer