HomeMy WebLinkAboutRes.3005.08-01-2016 BILL NO. 16-130 RESOLUTION NO. 3'VQ S
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A RELEASE OF LIEN
FOR PROPERTY LOCATED AT 1215 COLLEGE
STREET, UNDER THE HERO PROGRAM, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City of Cape Girardeau previously entered into
a Regulatory Agreement dated February 8, 2012, with Beulah V.
Smith, for the grant of funds to make repairs to property
located at 1215 College Street - All of Lot Numbered Four (4) of
Rinestone Subdivision of part of Out Lot 45 in U.S . P. Survey
2199, in the City of Cape Girardeau, Missouri as shown by plat
recorded in Plat Book 6 at page 34, land records of Cape
Girardeau, Missouri, all pursuant to the Community Development
Block Grant Program, and
WHEREAS, said agreement was recorded in the land records of
Cape Girardeau County in Document Number 2012-01839, and Beulah
V. Smith, has fulfilled the terms of the program, and
WHEREAS, it is the desire of the City of Cape Girardeau,
Missouri, to release the lien created by the Regulatory
Agreement dated February 8, 2012 .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
SECTION 1 . The City Manager is authorized to execute a
Release of Lien and to cause said Release to be recorded in the
land records of Cape Girardeau County, Missouri, so that the
above described property may be free of any lien or claim by the
City of Cape Girardeau, Missouri, by reason of the Regulatory
Agreement dated February 8, 2012, and recorded in Document
Number 2012-01839 of the land records of Cape Girardeau County,
Missouri .
PASSED AND ADOPTED THIS DAY OF % *1 •`` , 2016.
Harry E. ediger, Mayo
ATTEST: AIR fit,
ili"I'CI �i—I �'Snice Tayl Deputy City Clerk � N.,
it !'fek P
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♦J KE us��l°�%;{
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RELEASE OF LIEN
WHEREAS, Beulah V. Smith is the owner of a dwelling unit located on the
following described real estate in the City of Cape Girardeau, Cape Girardeau County,
Missouri, more particularly described as follows, to-wit:
1215 College Street — All of Lot Numbered Four (4) of Rinestone Subdivision of
part of Out Lot 45 in U. S. P. Survey 2199, in the City of Cape Girardeau,
Missouri as shown by plat recorded in Plat Book 6 at page 34, land record of
Cape Girardeau County, Missouri.
WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant
of money for the repair, rehabilitation and improvement of this dwelling; and
WHEREAS, this Regulatory Agreement for the grant of money for repair was
made in writing dated February 8, 2012, and recorded in 2012-01839 of the land
records of Cape Girardeau County, Missouri; and
WHEREAS, said Regulatory Agreement constituted a lien against the above
described property; and
WHEREAS, the time has expired on said grant; and
WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri,
to release the lien.
NOW, THEREFORE, comes the Ci ger of the City of Cape Girardeau,
Missouri, pursuant to Resolution Number s�, adopted by the City Council of
Cape Girardeau, Missouri, on August 1, 2016, authorizing the City Manager to execute
this Release and the City Manager, pursuant to said authorization of the City Council,
does hereby remise, release and forever quit claim its lien against the above described
property on account of the hereinabove described agreement.
Further, the City of Cape Girardeau, Missouri, its successors and assigns shall
be forever excluded and barred from enforcing said lien.
CITY OF Cfr ` '• RDEAU, MISSOURI
o t. -r, CisCar
ATTEST:
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, City Clerk e t;.
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THE IINIO
-54
STATE OF MISSOURI
SS.
COUNTY OF CAPE GIRARDEAU
On this \ day of August 2016, before me appeared Scott A. Meyer to me
personally known, who, being by me duly sworn, did say that he is the City Manager of
the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri,
and that the seal affixed to the foregoing instrument is the seal of said City and that said
instrument was signed and sealed on behalf of said City by authority of its City Council
and acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal, at my office in Cape Girardeau, Missouri, the day and year first above written.
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No7r Public -wen.
04AMANDA 1.MCKINNEY
s ;Ndrmy, M'Co missim Ewes
March 3,2018
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E.F OF DOCUMENT a
Lr � 4'O' FyF��r 2012-01839
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• A •i SCOTT R CLARK
, RECORDER OF DEEDS
nO, CAPE GIRARDEAU COUNTY, MO
_
/� !l / p_ n •
n RECORDED 9N
l <hlVWV �<cC� / $ 02/16/2012 1:41 PM
REL FEE: 45.00
514,
. 4 RDEAU CPJ' PAGES: 7
"� " RECORDER OF DEEDS
COVER PAGE
Title of Document Regulatory Agreement
Date of Document: February 8, 2012
•
Grantor(s) Name & Address: City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
Grantee(s) Name & Address: Beulah V. Smith
1215 College Street
Cape Girardeau, MO 63703
Legal Description: all of Lot Numbered Four (4) of rhinestone Subdivision of a part of
Out Lot 45 in U. S. P. Survey 2199, in the City of Cape Girardeau,
Missouri
Reference Book & Page, if Required: Plat Book 6 at Page 34
REGULATORY AGREEMENT
(HOME REPAIR PROGRAM)
(Three Year)
February 8, 2012
GRANTEE: Beulah V. Smith
1215 College Street
Cape Girardeau MO 63703
GRANTOR: City of Cape Girardeau
401 Independence Street
Cape Girardeau MO 63703
LEGAL DESCRIPTION:
See Exhibit"A"
Page 2 of 6
REGULATORY AGREEMENT
(HOME REPAIR PROGRAM FY 2011) •
(Three Year)
THIS REGULATORY AGREEMENT (the "Agreement') made and entered into as of
the 8th day of February, 2012, by and between Beulah V. Smith (hereinafter called the
"Owner"), whose address is 1215 College Street, Cape Girardeau Missouri 63703 and the City of
Cape Girardeau, Missouri (hereinafter called the "City"), whose address is 401 Independence
Street, Cape Girardeau,Missouri 63703. ••
WITNESSETH:
WHEREAS, the City, at the request of the Owner, is providing financing in the amount
of $20.000.00 for certain home repairs, rehabilitation and/or reconstruction, with funds made
available from the Missouri Housing Development Commission (MHDC) under the HOME
IavestmentPartnershipsProgram-(the "HOIv4E—P-rogra has-dessabed-in-TitleH= e-Granton
Gomalez National Affordable Housing Act (NAHA), Public Law No.1 0 1-625, 104 Stat. 4079
(1990), such financing being made pursuant to the rules and regulations promulgated thereunder,
including 24 CFR 92 (the HUD Regulations), all applicable rules and regulations (the MHDC
Regulations)promulgated pursuant thereto by MHDC, and all other applicable State statutes (the
State Act, MHDC Regulations, HOME, NAHA and HUD Regulations hereinafter collectively
called the "Acts and Regulations"), the covenants, terms and conditions of which are by this
reference incorporated herein as if set forth verbatim, as are the requirements of the City under
that certain Owner-Based Assistance Master Agreement between the City and MHDC; and,
WHEREAS,the City is using the HOME funds received from MHDC to finance certain
repairs, rehabilitation and/or reconstruction of owner-occupied, single family dwelling units
throughout its geographical jurisdiction in order to assist in the preservation of safe, decent and
sanitary housing for qualified low-income homeowners; and,
WHEREAS, the Owner is the occupant and owner in fee simple of residential land and
improvements (Property) located in Cape Girardeau (city) Cape Girardeau (county) in the State
of Missouri and more particularly described in Exhibit "A", attached hereto and incorporated by
reference herein; and,
NOW, THEREFORE, in reliance on, and in consideration of, the mutual premises and
covenants hereinafter set forth and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the Owner and City agree as follows:
1. Concurrent with the execution by the Owner of the Construction Contract, the City agrees
to have this Agreement and all amendments hereto, recorded in the official land records of the
county in which the Property is located, and shall pay all fees and charges incurred in connection
therewith. In like manner, City will be responsible to file a release at the end of the term of this
Agreement and pay all costs associated therewith.
2. The Owner intends;declares and covenants that, during the term of this Agreement, this
Agreement and the covenants and restrictions set forth herein regulating and restricting the
Page3of6
Owner's sale of the Property shall be binding on the Owner, as personal covenants of the Owner
and shall run with the land.
3. The Owner represents and warrants that the execution and performance of this Agreement
by the Owner will not violate, or as applicable, have not violated any provision of law, rule or
regulation, or any order of any court or any agency or governmental body, and will not violate
or, as applicable, have not violated any provision of an indenture, agreement, mortgage,
mortgage note, or other instrument to which the Owner is a party or by which Owner or Owner's
property is bound.
4. The Owner represents and warrants that at the time of the execution and delivery of this
Agreement, the Owner has good and marketable title to the Property, free and clear of any lien or
encumbrance, except the.encumbrance created by this Agreement, a first mortgage lien, standard
building set-back lines and easements, and other matters acceptable to the City as set forth on the .
loan tide insurance policy for the Property.
5. The Owner is a low-income home owner and occupant as defined by the Acts and
Regulations.
6. The Owner shall at all times comply with all applicable Home Repair program
requirements and all applicable requirements set forth in the Act and Regulations as the same
may be amended from time to time.In addition, Owner agrees to comply with Item 15 of the
Homeowner's Affidavit and will not commit any acts or permit any of his/her agents, guests or
any person acting on his/her behalf to commit any acts which interfere with the work being
performed by the contractor contracted by the agency un the Home Repair program.
8. The Owner also warrants that, throughout the term of this Agreement:
The Owner shall use and maintain the Property as Owner's principal residence
and in no event shall Owner use said Property as rental or investment property.
Further, Owner shall not sell, transfer or convey the Property or cause title to the
Property to be vested in another party in any other manner, except as set forth-
below.
If, prior to the expiration of this Agreement, the Owner sells the Property to
anyone other than a qualified purchaser, the qualifications of whom will be
determined solely by the City in accordance with the Acts and Regulations, the
Owner agrees to repay the City all of the funds used to repair, rehabilitate and/or
reconstruct the Property.
lf, prior to the expiration of the Agreement, should the Owner decide to refinance
this property, the Owner agrees to repay the City all of the funds used to repair,
rehabilitate, and/or reconstruct the Property. SUBORDLNATIONS WILL NOT
BE GRANTED.
The Owner will not change the use of the Property, or any part thereof, to a use
other than for single-family occupancy.
Page 4 of 6
•
The Owner, as requested by the City, shall submit to the City such documentation
as is required by the City to verify continuing compliance with this Agreement.
The Owner hereby agrees and consents that the City shall be entitled, for any
breach of the provisions of this Agreement hereof, which is not cured within
ninety (90) days after delivery of a written notice of any such breach (or such
•
longer period as shall be needed to cure such breach, provided that Owner ••
expeditiously commences to cure same within such time period and diligently
pursues same to completion), in addition to all other remedies provided by law or
in equity, to enforce by specific performance all of the obligations of Owner
under this Agreement in a state court of competent jurisdiction.
The Owner hereby agrees that the representations and covenants set forth herein
may be relied upon by City.
9. This Agreement and sale restrictions specified herein, shall commence on the date the
Owner and City execute this Agreement (the "Commencement Date"), and shall automatically
terminate on the third (3rd) anniversary of the Commencement Date. In the
10. This Agreement may not be amended without the prior written consent of the parties
hereto.
•
11. The invalidity of any clause, part, or provision of this Agreement shall not affect the
validity of the remaining portions thereof.
12. All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when mailed by certified mail, return receipt requested, or personally delivered to
the parties hereto, at the addresses set forth at the beginning of this Agreement, or to such other
place as either party may from time to time designate in writing delivered to the other party in
accordance herewith.
13. All forms required by this Agreement shall be on forms required or approved by the City.
14. This Agreement shall be governed by the laws of the State of Ivtssouri, and where
applicable,the laws of the United States of America_
LN WITNESS WAFREOF, the parties have duly executed and delivered this Agreement
as of the date first written above.
OWNER:
Beulah V. Smith
•
• I
Page 5of6
•
STATE OF MISSOURI )
) ss.
COUNTY OF Cape Girardeau} )
ON this 1 �` day of r ;i u dr U .2012,before me personally appeared .3e U(a1'1
V. 51-yv. r known to me to be the person(s) who executed the foregoing
Agreement and acknowledged to me that f-4i c executed the same for the purposes therein stated
and the said r�--�e tA.t1)i \1. 5.�Y G L acknowledged (hinaself)(herself) (the-Inse]ves) to be
(unmarried)(atarried).
n
GIVEN under my hand and seal of office this ) day of r'jal"tla l- i 2012.
YP, ego_APETERS
•
t\O1PAi _ Amsnte n 91112 //—e-h. My Commission Wes /�J= 1/— J
=.' •. SfA:,": Cape Girardeau Cavy `� , 1. 7•n7
9 ` -' CowrSons08364121 Notary Public
My Commission expires:pi� I Jovem r /'7 ,,,O/o'.
it �YP�.Gtn
CITY OF A'E GiRARDEAU,MISSOURI
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P - I nC1:'.1:11 Iry
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� �;1\t;t,l !'-J (SS ott A. Meyr, CS�ty 1btanager
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li- 0 MISSOURI )
) ss.
COUNTY OF Cape Girardeau )
ON this I U'day of f--cLtvuaru , 2012, before me appeared QC f A_
IA al t'1' known to me personally and known to me, being duly sworn, did say that
he is the 1 ( ftyed- (V1;Ina of Cape_ (iinr1e)L; (1,1L2 and that said
instrument was isignby virtue of the authority vested in him and acknowledged that he
executed the aforesaid instrument for and on behalf of the ,to oc- Cap_Ci,care(r-11 for the
purpose therein expressed.
'1>P. 4-1
Notary Public
My commission expires: I\;0 1,1 (T,' (9 AGI/✓
Myeonwasion& .
...ss..-.-22-. A .: November 17,2012
'fit,I., �De GtaMean CauMY
Page 6 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
1215 College Street
Legal Description:
All of Lot Numbered Four (4) of Rinestone Subdivision
of a part of Out Lot 45 in U. S. P. Survey 2199, in the
City of Cape Girardeau, Missouri, as shown by plat
recorded in Plat Book 6 at page 34, land record of Cape
Girardeau County, Misssouri