Los Angeles Administrative Code § 8.107 Modification of Cooperation Agreement for Public Housing
Sec. 8.107. [Modification of Cooperation Agreement for Public Housing]
WHEREAS, the Council of the City of Los Angeles did on August 8, 1949, adopt Ordinance No. 95,222, which was approved by the Mayor on said date, authorizing the execution of that certain Cooperation Agreement as set forth in said ordinance; and
WHEREAS, it presently appears that it is impractical to continue with the construction of the project or projects as originally contemplated by said Cooperation Agreement; and
WHEREAS, it now appears to be in the public interest to modify said Cooperation Agreement relating to said project or projects by eliminating therefrom the construction of certain housing units heretofore planned and to adjust the payments to be made by the Housing Authority of the City of Los Angeles, in lieu of taxes, under said Cooperation Agreement, and to clarify and adjust mutual and respective responsibilities and liabilities arising out of the said Cooperation Agreement and the modification thereof and the development of said project or projects to date:
NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:
Section 1. That the City of Los Angeles does hereby agree to the modification of that certain Cooperation Agreement authorized to be executed by Ordinance No. 95,222, as hereinafter set forth, to wit:
THIS MODIFICATION AGREEMENT entered into as of the _______ day of ___________, 1953, by and between the City of Los Angeles and the Housing Authority of the City of Los Angeles, California, a body corporate and politic, organized and existing under the laws of the State of California, witnesseth:
“WHEREAS, the parties hereto have executed as of the 9th day of August, 1949, an agreement entitled ‘Cooperation Agreement between the City of Los Angeles and the Housing Authority of the City of Los Angeles, California (herein referred to as ‘Cooperation Agreement’); and,
“WHEREAS, the parties hereto desire to modify the Cooperation Agreement in certain respects,
“NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree that the Cooperation Agreement shall be modified in the following particulars:
Section 1. The Housing Authority of the City of Los Angeles (hereinafter called the ‘Authority’) agrees to undertake develop and administer low-rent housing projects (hereinafter called ‘Projects’) consisting of approximately 4,357 family dwelling units on sites selected by the Authority in the City of Los Angeles (hereinafter called the ‘City’) identified as and with the number of family dwelling units as follows:
Project No | Family Dwelling Units
Project No | Family Dwelling Units
CAL-4-13 | 1110
CAL-4-14 | 336
CAL-4-15 | 270
CAL-4-16 | 700
CAL-4-17 | 194
CAL-4-19 | 498
CAL-4-20 | 200
CAL-4-21 | 601
CAL-4-22 | 448
| 4357
Provided, however, That no structure in any of the Projects shall be over three stories in height.
“Sec. 2. Paragraph 2, Sub-paragraph (b) of the Cooperation Agreement is revised to read as follows:
(b) The term ‘shelter rent’ shall mean the total of all charges to the tenants of Projects for dwelling rents and non-dwelling rents (exclu- ding all other income of such Projects) less the cost to the Authority of all dwelling and non-dwelling utilities.
“Sec. 3. Paragraph 3 of the Cooperation Agreement is revised by deleting therefrom the following clause at the end of the first sentence:
‘provided, further that such payments in any one year shall only be made to the extent that funds are available from income (excluding Federal annual contributions) after payment of all operating expenses (excluding debt service)’.
“Sec. 4. Nothing in this agreement shall be construed as limiting any powers which the Authority may have to construct or acquire, and maintain appropriate executive administrative and management offices.
“IN WITNESS WHEREOF, the parties hereto have signed this Modification Agreement by their duly authorized representative and have caused their seals to be impressed hereon and attested as of the date first above written.
CITY OF LOS ANGELES,
CALIFORNIA
By______________________________
Mayor.
(SEAL)
ATTEST:
______________________________
HOUSING AUTHORITY OF THE
CITY OF LOS ANGELES,
CALIFORNIA
By______________________________
Chairperson.
(SEAL)
ATTEST:
_____________________________.”
Sec. 2. That the City of Los Angeles agrees to a mutual hold harmless agreement and release between it and the Housing Authority of the City of Los Angeles, California, as follows:
“THIS AGREEMENT, executed this ____day of ________, 1953, by and between the City of Los Angeles, California, a municipal corporation and the HOUSING AUTHORITY OF THE CITY OF LOS ANGELES, CALIFORNIA, a public body corporate and politic;
WITNESSETH:
“WHEREAS, the Housing Authority of the City of Los Angeles, California (herein called the ‘Authority’) undertook the development and administration of a low-rent housing project or projects consisting of approximately 10,000 family dwelling units on sites to be selected by the Authority (herein called the ‘Projects’) pursuant to a Cooperation Agreement dated August 9, 1949, between the Authority and the City of Los Angeles (herein called the ‘City’); and
‘WHEREAS, the Authority and the City have agreed that said Cooperation Agreement should be modified by reducing the number of family dwelling units to be developed and administered by the Authority, without in any way compromising the principle of public housing; and
“WHEREAS, The City and the Authority have executed a document entitled a ‘Modification of Cooperation Agreement’ dated _______________, 1953; and
“WHEREAS, said modification will result in the abandonment of two public housing project sites, portions of which have been acquired by the Authority for public housing purposes; and
WHEREAS, the Authority on or about July 7, 1952 filed a claim against the City for damages arising out of the alleged failure of the City to honor its contractual obligations under the Cooperation Agreement of August 9, 1949; and
“WHEREAS, the Modification of Cooperation Agreement, dated __________________, 1953, was executed by the Authority at the request of the City in the public interest to accomplish the abandonment of a portion of the low-rent housing program contemplated by the Cooperation Agreement dated August 9, 1949;
NOW, THEREFORE, the City of Los Angeles and the Housing Authority of the City of Los Angeles, California, agree as follows:
“1. The City agrees to defend any litigation, against the Authority or any of its commissioners, officers or employees, for damages based solely on the fact that certain property acquired for public housing purposes will not be used for the purposes for which it was acquired, brought by the former owners of said property, or others.
“2. The City agrees to assume any loss, liability or expense of the Authority arising out of the litigation described in Paragraph 1 above.
“3. The Authority hereby releases and forever discharges the City of and from any and all actions, suits, damages or claims whatsoever, which it may now have against the City for any failure of the City to fully and promptly fulfill its obligations under the Cooperation Agreement of August 9, 1949.
“IN WITNESS WHEREOF, the parties hereto have caused this Agreement and Release to be executed by their duly authorized representatives and have caused their seals to be affixed hereto and attested as of the day and year first above written.
CITY OF LOS ANGELES,
CALIFORNIA
By______________________________
Mayor.
(SEAL)
ATTEST:
______________________________
City Clerk.
HOUSING AUTHORITY OF THE
CITY OF LOS ANGELES,
CALIFORNIA
By ______________________________
Chairperson.
(SEAL)
ATTEST:
______________________________
Secretary.”
Sec. 3. That the Mayor is hereby authorized to execute in quadruplicate, on behalf of the City of Los Angeles, a Modification of Cooperation Agreement substantially in the form set forth in Section 1 of this article, and the Mayor is further hereby authorized to execute on behalf of the City the Hold Harmless and Release Agreement substantially in the form set forth in Section 2 of this article. The City Clerk is hereby directed to attest the execution by the Mayor on behalf of the City of each of the aforesaid instruments as authorized by this article
Sec. 4. This article is required for immediate preservation of the public peace, health and safety, and shall take effect upon its publication. The facts constituting such urgency are as follows:
Housing projects are now under construction upon a number of sites as originally contemplated under the Cooperation Agreement executed August 9, 1949. However, a situation has now arisen, and presently exists, which requires the immediate modification of the original program as contemplated by said Cooperation Agreement by the elimination of housing development on the Elysian Park Heights site, Project Cal 4-11, and the Rose Hill Courts Extension, Project Cal 4-12, as it does not now appear feasible to economically develop those two sites for public housing within the requirements of existing laws. Since all of the housing projects now under construction, and the said proposed Elysian Park Heights and Rose Hill Courts Extension sites are embraced within the aforesaid Cooperation Agreement, further construction work on all of said projects and further payments for construction work thereon are presently being held in abeyance until a modification of said Cooperation Agreement is effected. The cessation of further construction work on said partially completed projects will cause the same to remain in various stages of partial construction and be highly detrimental thereto and create serious problems of police and fire protection, and be a menace to the public peace, health and safety.
SECTION HISTORY
Based on Ord. No. 101,900.