HomeMy WebLinkAbout2002-133 - Repayment Agreement with M. and M. SmithBILL NO. 2002-133
ORDINANCE NO. 2002-133
AN ORDINANCE AUTHORIZING THE EXECUTION OF AND APPROVING THE
REPAYMENT AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI
AND MARY AND MICHAEL SMITH FOR THE CONSTRUCTION OF A SEWER
CONNECTION
WHEREAS, the City of Riverside, Missouri ("City") has engaged in negotiations with
Mary and Michael Smith (the "Smiths") for the construction of certain sewer lines and sewer line
extensions, the cost of which shall be repaid by the Smiths to the City over a specific period of
time.
WHEREAS, the City and the Smith have reached an agreement concerning such items.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City of Riverside shall enter into an agreement whereby the Smiths will repay the
City for the construction costs of certain sewer lines and sewer line extensions, such costs
totaling $4,500.00 (the "Agreement").
Section 2. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to
take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of
the City, the execution of the Agreement being conclusive evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this ~ ~ ~ day of December, 2002.
Mayor
ATTES'T':
~> c' ~~~;
~_ 'r
Cit}~Clerk
~'~ ~~ 4',
REPAYMENT AGREEMENT
between
MICHAEL AND MARY SMITH
having an address at
3009 NW. Vivion Road, Riverside, Missouri 64150,
GRANTOR (For purposes of this cover sheet only)
and
THE CITY OF RIVERSIDE, MISSOURI
having an office at
2950 NW. Vivion Road, Riverside, Missouri 64150,
GRANTEE (For purposes of this cover sheet only)
Relating to Premises m:
Platte County, Missouri
LEGAL DESCRIPTION
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 50,
RANGE 33, RIVERSIDE, PLATTE COUNTY, MISSOURI, BEING BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TIIE
NORTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 89 DEGREES 32
MINUTES 32 SECONDS WEST ALONG THE SOUTH LINE OF SAID NOR"fHWEST
QUARTER 596.08 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT 'f0 BE
HEREIN DESCRIBED; THENCE CONTINUING NORTH 89 DEGREF,S 32 MINUTES 32
SECONDS WEST ALONG SAID SOUTH LINE 180.00 FEET TO ITS INTERSECTION
WITH THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 69, AS NOW
ESTABLISHED; THENCE NORTH 27 DEGREES 35 MINUTES 42 SECONDS EAST
ALONG SAID EASTERLY RIGHT OF WAY LINE, 225.00 FEET; THENCE SOUTH 89
DEGREES 32 MINUTES 32 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF
SAID NOR"fHWEST QUARTER, 180.00 FEET; THENCE SOUTH 27 DEGREES 35
MINUTES 42 SECONDS WEST, PARALLEL WITH THE EASTERLY RIGHT OF WAY
LINE OF SAID U.S. HIGHWAY NO. 69, 225.00 FEET TO THE TRUE POIN"f OF
BEGINNING
DATED: As of~'Y 200
REPAYMENT AGREEMENT
In consideration of the mutual covenants and agreements contained herein and as of this
_ day of December, 2002, the City of Riverside, Missouri (the "City"), with an address of
2950 NW Vivion Road, Riverside, Missouri 64150, agrees to construct a sewer connection for
Mary Smith and Michael Smith (collectively "Landowner"), who have an address of 3009 N.W.
Vivion Road, Riverside, Missouri 64150, which property is affected hereby and legally described
on Exhibit A attached hereto as page 6 and incorporated herein by this reference, and Landowner
does hereby agree to repay the City the cost of such lus nterest,nall pursuant1and subject to
Thousand Five Hundred and no/100 dollars ($4,500.00), p
the terms and conditions set forth in this Repayment Agreement (this "Agreement").
1. Construction. The City does hereby agree to construct for the Landowner at the
property described above a sewer connection which connects the Landowner's sewage
system to that provided by the City (the "Construction"), the amount of such
Construction to be Four Thousand Five Hundred and no/100 dollars ($4,500.00) (the
"Construction Amount").
2. Repayment. In return for the Construction described in Section 1 above, Landowner
does hereby promise to repay the Construction Amount to the City in accordance with the
payment schedule described in Section 4 below.
3. Interest. Landowner will pay interest on the Construction Amount at a rate equal to two
percent (2%) per annum (the "Interest"). The interest rate required by this S ~~ °ribed in
apply and be paid by Landowner both before and after default, if any,
Section 6 hereof. For purposes of this Agreement the Construction Amount plus the
Interest shall be termed the "Amount Due."
4. Payment Schedule. Beginning on January 15, 2003, Landowner will pay directly to the
City One Hundred Twenty Eight and 89/100 Dollars ($128.89) per month on the 15th day
of each month until the Amount Due has been paid in full. The Landowner
acknowledges and agrees that the Amount Due must be paid in full by January 15, 2006
(the ~"Due Date"). The Landownerlu gr all taccruedh Interest,th on ntthe DuetruDate.
Amount balance then unpaid, p
5. Prepayment. 1'he Amount Due may be prepaid at any time and from time to time
without premium or penalty. Any partial prepayments shall not affect the due dates of
consent oflthe City reducde the amount of theascheduledepayments f llowing such partiah
prepayment.
(. Default and Acceleration.
a, The Landowner hereby agrees and acknowledges that if it does not pay the full
amount of each payment on the date it is due, the Landowner shall be in default.
b. It is hereby expressly agreed that should any default be made as stipulated above,
then the Construction Amount, or any unpaid part thereof, along with all accrued
Interest, shall, upon 30 days prior written notice of such non-payment, become
due and payable and may be collected forthwith, regardless of the stipulated Due
Date.
~. Waiver. Failure to accelerate the debt evidenced hereby by reason of default in the
payment of an installment, or the acceptance of a past due installment, shall not be
construed as a novation of this Repayment Agreement or as a waiver of the right of the
City to thereafter insist upon strict compliance with the terms of this Agreement.
g. Lien. The obligation to make payments hereunder shall be a covenant running with the
land and shall create a lien in favor of City on the Landowner's property, commonly
known as 3009 N.W. Vivion Road, Riverside, Missouri and legally described on F,xhibit
A, which shall be enforceable against the Landowner and its successors and assigns.
Failure by Landowner to make payments in full upon a default under Section 6 or
otherwise shall entitle the City or any other government official or body charged with the
collection of any such sums ("Collection Authority") to proceed against such property
and/or the owner thereof as in other delinquent property tax cases or otherwise as
permitted at law or in equity, and, if applicable, such failure shall entitle the Collection
Authority to seek all other legal and equitable remedies it may have to insure the timely
payment of all such sums.
does
9. Grant of Easement. Landowner, in consideration of that provided hereunder,
hereby convey and release to the City a temporary construction easement over and upon
the property described in F,xhibit A attached hereto for the purpose of completing the
Construction. Said right of entrance, occupation, construction and use shall continue
during the completion of the Construction and for six (6) months after the completion of
the Construction. The Landowner, and its heirs, executors, administrators, successors
and assigns, hereby waives and releases the City from any and all claims for any and all
damages to Landowner's property hereby conveyed by reason of the Construction.
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10
11
12
13
14
15
Ownership of Product of Construction. Upon the completion of the Construction, the
sewer lines, connections, facilities and all other related equipment and apparatus, shall
become the sole property of the Landowner, and the Landowner shall be solely
responsible for all maintenance, upkeep, care, repair, relocation and replacement of the
same. Further, Landowner shall be have sole liability and obligation arising from the
such lines, connections, facilities and other related equipment and apparatus, and does
hereby agree to defend and hold the City harmless from any and all claims, actions,
demands, collections or other proceedings which may arise, in any manner, out of or in
connection with the same.
Recordation. This Agreement shall be recorded and/or filed with the appropriate
government office, agency or department so that all parties will have reasonable notice of
this Agreement upon an appropriate and reasonable search of the records of such
government office, agency or department.
Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Missouri.
Successors and Assignment. This Agreement shall be for the benefit of, and be binding
on, the executors, heirs, administrators, successors and assigns of the City and
Landowner (provided, however, Landowner shall not have the right to assign this
Agreement without the prior written consent of the City, which may be given or withheld
in the City's sole discretion), and may be executed in several counterparts, each of which
will be an original.
Notice. Any notice, request, or other communication required or permitted to be given
under this Agreement shall be in writing and deemed given and received on the date
mailed (by first class, postage prepaid) to the addressee at the address indicated above for
each respective party, or on the date delivered if delivered in person.
Joint and Several Liability. The liability of each person executing this Agreement as
Landowner shall be joint and several.
16. Modification. This Agreement may be amended only by contemporaneous or
subsequent written agreement. In the event any part or provision of this Agreement is
held unenforceable or void, the enforceability or validity of the remaining parts and
provisions shall remain unaffected.
17. Costs. Should the City be required to institute any action or proceeding to enforce or
protect its rights hereunder, including those with regard to the lien described in Section 8
above, the Landowner hereby agrees that it shall pay the City for all reasonable costs and
expenses related thereto, including reasonable attorneys' fees.
3
IN WITH SS WIIEREOF, the parties have hereunto caused their names and seals to be affixed,
this ay of ANuA~ j13,aOd3
LANDOWNER:
ary Smi
Michael Smith
CITY:
CITY OF RIVERSIDE, MISSOURI
~_
Print Name: ~~ r ~ ~' ~ ~t
Title: )~1 c ~ •~
ACKNOWLEDGMENTS
STATE OF MISSO I )
COUNTY OF ~ )
On this ~ day of efore me, the undersigned, a Notary Public,
personally appeared Mary Smith, to me own to be the same person described in and who
executed the foregoing instrument and acknowledgement that she executed the same as her free
and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on
the day and year last above written.
~.~// ,
'nted Name: ~j r !/siC
Notary Public
My Commission Expires:
oC 0 ~D~
LOUISE F. RUSICK
Notary Public -Notary Seal
State of Missouri
Platte County
My Commission Expires Aug. 2d, 2005
STATE OF MISS4 RI )
COUNTY OP /~~~) ,.,
On this ~~<~day o , ~ ~; before me, the undersigned, a Notary Public,
personally appeared Michael Smith, to me known to be the same person described in and who
executed the foregoing instrument and acknowledgement that she executed the same as her free
and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and
the day and year last above written. ~ ~ ~
Pr~ed Name:
Notary Public
My Commission Expires:
notarial seal on
LOUISE F. RUSICK
Notary Public -Notary Seal
State of Missouri
Platte County
My Comrnission Expires Auc,~. 28, 2005
S"TATS OF MISSOURI
~~ •yL ~w ~ ss.
COUNTY OF
,~,3,
before me appeared to me
On this ~ ay of
personally known, who, being by me duly sworn, did say that he/she is t
of CITY OF RIVERSIDF,, MISSOURI, a Missouri municipality, and that said t trument was
signed 'ra behalf of said municipality by authority of its Board of Aldermen, and said
~~ % ' acknowledged said instrument to be the free act and deed of said
municipality.
~In~yTestimony Whereof, I have hereunto set my hand and affixed my official seal in the
~~4~~ / and State aforesaid, the day and year first above written.
~ 'I
I
-,
~~~~~ c, 111
Printed Nam
Notary Public
My Commission Expires:
~ ,.
~~ ~; `~.
~~
1'
CANDY GRAM
Notary Public NOtary Sed
State Ot Missouri
Platte County
My Commission Expires Dec. 2 ~ .2005
6
EXHIBIT A
Legal Description
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 50,
RANGE 33, RIVERSIDE, PLATTE COUNTY, MISSOURI, BEING BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 89 DEGREES 32
MINUTES 32 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST
QUARTER 596.08 FEET TO THE TRUE POINT OF BEGINNING OF TLIE TRACT TO BE
HEREIN DESCRIBED; THENCE CONTINUING NORTH 89 DEGREES 32 MINLJI'ES 32
SECONDS WEST ALONG SAID SOUTH LINE 180.00 FEET TO ITS INTERSECTION
AS NOW
WITH THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 69,
ESTABLISHED; THENCE NORTH 27 DEGREES 35 MINUTES THENCE SOUTH 89
ALONG SAID EASTERLY RIGHT OF WAY LINE, 225.00 FEET;
DEGREES 32 MINUTES 32 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF
SAID NORTHWEST QUARTER, 180.00 FEET; THENCE SOUTH 27 DEGREES 35
MINUTES 42 SECONDS WEST, PARALLEL WITH THE EASTERLY RIGHT OF WAY
LINE OF SAID U.S. HIGHWAY NO. 69, 225.00 FEF,T TO THE TRUE POIN"L OF
BEGINNING.
7