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116161 2 0 RESOLUTION NO. 11,616 0 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 4 EXECUTE A CONTRACT WITH MR. AND MRS. MITCHELL 5 MOORE AS PART OF THE CENTRAL HIGH TARGETED 6 NEIGHBORHOOD ENHANCEMENT PLAN TO CONSTRUCT A 7 SINGLE FAMILY RESIDENCE AT 1705 BATTERY STREET IN 8 THE APPROVED CENTRAL HIGH TNEP AREA. 9 10 WHEREAS, the City has been granted authority to contract with owners of 11 property to agree to live in residential dwellings in targeted neighborhoods for a period 12 of five (5) years, and to use the consideration for such agreements to construct or 13 rehabilitate residential structures in an effort to recapture or rehabilitate neighborhoods 14 that have become urban blight, or that could become an area of blight if such actions are 15 not taken, and 16 WHEREAS, pursuant to the authority of Act 320 of 1997 (codified as Ark. Code 17 Ann. §§ 14- 169 -1101 to 1108 (Michie Repl. 1998), as may be amended) (hereinafter 18 referred to as "the Act "), the City Board of Directors has completed the process and 19 determined that this area in the City qualifies as a targeted neighborhood as defined by 20 the Act, and 21 WHEREAS, after fulfillment of the statutory requirements to do so, the City 22 adopted Little Rock, Ark., Ordinance No. 18,072 (July 27, 1999), and designated this 23 portion of the City as the Central High Targeted Neighborhood Enhancement Plan area 24 (hereinafter referred to as the "Central High TNEP "), and 25 WHEREAS, the Owners, Mr. and Mrs. Mitchell Moore, have submitted an 26 appropriate application to contract with the City to provide an owner occupied • 11 1 residential structure within the boundaries of the Central High Area TNEP in the 2 amount of SIX THOUSAND FOUR HUNDRED FORTY and no /100 DOLLARS 3 ($6,440.00), and 4 WHEREAS, the City desires to contract with the Owners pursuant to the Central 5 High TNEP program, and the Owners desires to assure the residency requirements of 6 the TNEP program are met so this neighborhood can be recaptured and a meaningful 7 residential area can be developed, 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 9 THE CITY OF LITTLE ROCK ARKANSAS: 10 Section 1. The City Manager is authorized to execute a contract with Mr. and 11 Mrs. Mitchell Moore for the construction of the residence at 1705 Battery Street in the 12 approved Central High TNEP. 13 Section 2. This action authorizes a $6,440.00 contract between the City of Little 14 Rock and Mr. and Mrs. Mitchell Moore to support construction activities at 1705 Battery 15 Street in the Central High TNEP area. 16 Section 3. Severability. In the event any title, section, paragraph, item, sentence, 17 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 18 unconstitutional, such declaration or adjudication shall not affect the remaining 19 portions of the resolution which shall remain in full force and effect as if the portion so 20 declared or adjudged invalid or unconstitutional was not originally a part of the 21 resolution. 22 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that 23 are inconsistent with the provisions of this resolution are hereby repealed to the extent 24 of such inconsistency. 25 Section 5. This resolution shall be in full force and effect from and after its 26 adoption. [PACE 2 OF 31 Re tution To ANhorize TNEP Contract At 1705 Battery Street I ADOPTED: October 7, 2003 2 ATTEST: 3 4 5 Nanc Woo City Clerk 6 7 APPROVED AS TO LEGAL FORM: 8 9 10 Thomas M. Carpenter, City Attorney 11 // 12 // 13 // 14 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 23 // 24 // 25 // 26 // 27 // [PAGE 3 OF 31 Resolution To Authorize TNEP Contract At 1705 Battery Street n U APPROVED: Jim Y ley, Mayor 0 0 AGREEMENT Central High Targeted Neighborhood Enhancement Plan The CITY OF LITTLE ROCK, ARKANSAS (hereinafter referred to as "City"), a municipal corporation of the first class duly organized pursuant to the laws of the State of Arkansas, and MR. AND MRS. MITCHELL MOORE (hereinafter collectively referred to as "Owner "), enter into this Agreement this _ day of 2003. WITNESSETH WHEREAS, the City has been granted authority to contract with owners of property to agree to live in residential dwellings in targeted neighborhoods for a period of five (5) years, and to use the consideration for such agreements to construct or rehabilitate residential structures in an effort to recapture or rehabilitate neighborhoods that have become urban blight, or that could become an area of blight if such actions are not taken, and WHEREAS, pursuant to the authority of Act 320 of 1997 (codified as Ark. Code Ann. §§ 14- 169 -1101 to 1108 (Michie Repl. 1998), as may be amended) (hereinafter referred to as "the Act "), the City Board of Directors has completed the process and determined that an area in the downtown portion of the City qualifies as a targeted neighborhood as defined by the Act, and WHEREAS, after fulfillment of the statutory requirements to do so, the City adopted Little Rock, Ark., Ordinance No. 18,072 (July 27, 1999), and designated this portion of the City as the Central High Targeted Neighborhood Enhancement Plan area (hereinafter referred to as the "Central High TNEP "), and WHEREAS, after the Owner submitted an appropriate application to contract with the City to provide an owner occupied residential structure within the boundaries of the Central High TNEP, the City agreed to a contract with the Owner and adopted Little Rock, Ark. Resolution No. ( ), which authorized a contract in the amount of SIX THOUSAND FOUR HUNDRED FORTY AND N01100 DOLLARS ($6,440.00), and WHEREAS, the City desires to contract with the Owner pursuant to the Central High TNEP program, and the Owner desires to assure the residency requirements of the TNEP program are met so this neighborhood can be recaptured and a meaningful residential area can be developed, NOW, THEREFORE, IN CONSIDERATION OF THE FOLLOWING COVENANTS AND OTHER GOOD AND VALUABLE CONSIDERATION WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 0 0 City of Little Rock Mr. and Mrs. Mitchell Moore ARTICLE I: TERM OF AGREEMENT AND CONSIDERATION Section 1.01 Term. The term of this Agreement shall be a period of five (5) calendar years of residency as the principal place of residence by an owner within the noted structure in the referenced TNEP area. The parties acknowledge that the Agreement shall commence on the date of the certificate of occupancy for the structure and that it shall expire five (5) years thereafter unless (i) the term is otherwise terminated for default as set forth in this Agreement, or (ii) the term is otherwise lengthened for a definite period of time because the parties have agreed to such extension as a means to assure a full five (5) years of residency by the Owner. Section 1.02 Consideration. In consideration of the covenants set forth in this Agreement, and specifically and without limitation, the agreement of the Owner to maintain the noted structures as a principal place of residence of an Owner for a period of five (5) calendar years, the City agrees to pay to Owner the sum of Six Thousand Four Hundred Forty and no /100 Dollars ($6,440.00). These monies maybe used by the Owner as part of the monies necessary for the construction of the noted structure. The City acknowledges that the Owner has provided documentation to assure that this amount does not exceed twenty percent (20 %) of the total project cost for the construction of the noted structure located at 1705 Battery Street, Little Rock, Pulaski County, Arkansas. Section 1.03 Contract to be Recorded. The City and the Owner agree that the City may record a copy of this Agreement and the legal description of the noted structure with the deed records in the Office of the Pulaski County Clerk and Ex- Officio Recorder. ARTICLE 11 SERVICES TO BE PROVIDED BY OWNER Section 2.01 Identification of the Property. The structure (the "Property") contains one single family residence. The legal description of the Property is: Lot _, Block _ of Centennial Addition to the City of Little Rock, Arkansas. The property address is 1705 Battery Street, Little Rock, Pulaski County, Arkansas 72206. Section 2.02 Services to be provided by Owner. The Owner of the Property shall construct and use the structure as a single family residence (hereinafter referred to as the "Project "). 2 0 0 City of Little Rock Mr. and Mrs. Mitchell Moore Section 2.03 Name and Address of Owner- Resident. The Owner designates and the City accepts that Mr. and Mrs. Mitchell Moore, who shall reside in the Project at 1705 Battery Street, Little Rock, Arkansas, (hereinafter referred to as "Owner- Resident ") shall be the individual who shall occupy the Property as the principal residence for a period of five (5) years as required in this Agreement. Section 2.04 Consideration not to he used for down payment. The Owner acknowledges that no monies provided as part of the consideration for this Agreement may be used as a down payment for any portion of the Project since such use is prohibited by Act 320 of 1997, as amended. By executing this Agreement, the Owner certifies compliance with this section. Section 2.05 Compliance with various code provisions. The Owner recognizes that one way an area becomes a potential urban blight is that structures within the area do not comply with various City, state, or federal code provisions applicable to residential structures. The Owner certifies that the improvements were performed in a workmanlike manner, and further certifies that these improvements comply with all applicable City, state and federal building, environmental, fire, housing, and zoning codes for residential structures in this area of the City. ARTICLE III: REPORTING REQUIREMENTS Section 3.01 Proof of residence of Owner- Residence. The Owner acknowledges that the City is prohibited by Arkansas law from making any gift or donation of general funds to any person, partnership, corporation, or other entity. In part to assure compliance with the contractual provisions of this Agreement, the Owner agrees to provide utility bills, or other documentation requested by the City, that documents that the Owner- Resident maintains a principal residential address in the Property. Section 3.02 Records ofcode compliance. The Owner agrees to establish and maintain all necessary records to demonstrate that the individual residential housing units in the Project are in compliance at all times during the term of this Agreement with all applicable City, state and federal building, environmental, fire, housing, and zoning codes for residential structures located in the referenced TNEP area of the City. These records shall be available to the City for inspection upon reasonable notice. For purposes of this provision, notice is reasonable if given at least forty-eight (48) hours prior to the time for inspection, and if the inspection occurs during the customary and regular business hours of the City. ARTICLE I V: NON- DISCREVIINATION 3 0 0 City of Little Rock Mr. and Mrs. Mitchell Moore Section 4.01 Owner shall not discriminate. The Owner specifically and expressly agrees that during the term of this Agreement it shall not discriminate against any person on the basis of race, sex, creed, age, disability, religion, national origin, or familial status. Owner agrees to comply with all City, state and federal laws and regulations which prohibit any such discrimination. ARTICLE V: INDEPENDENT CONTRACTOR Section 5.01 Status of Owner. Although this Agreement establishes a contractual relationship between the City and the Owner, the Owner acknowledges and agrees that it is not acting in any manner as an agent or employee of the City, but shall at all times and in all respects be, and have the rights, responsibilities and liabilities of, an independent contractor. ARTICLE VI: INDEMNITY AND IMMUNITY Section 6.01 Indemnity. The Owner agrees that it shall indemnify, defend, and save harmless the City, its officers, agents, and employees, from: (i) any claims or losses for services rendered by any subcontractor, person, or firm performing or supplying services, materials, or supplies in connection with the performance of this Agreement; (ii) any claims or losses resulting to any person or firm injured or damaged by the actions of the Owner or its agents in the performance of this Agreement, including, but not limited to, disregard of any City, state or federal laws and regulations. Section 6.02 City Immunity. The Owner acknowledges and accepts the fact that entry into this Agreement in no way reduces, diminishes, or waives, all statutory and other immunities that the City enjoys by virtue of its status as a municipal corporation and governmental entity. Further, the Owner acknowledges and agrees that the City enters into this Agreement solely in its governmental capacity. ARTICLE VII: CONTACT PERSONS Section 7.01 Contact person for the City. Bruce Moore, City Manager 500 West Markham, Ste. 203 Little Rock, Arkansas 72201 (T) (501) 371 -4510 (F) (501) 371 -4498 Section 7.02 Contact person for the Owner. 11 0 6 City of Little Rock Mr. and Mrs. Mitchell Moore ARTICLE VIII: MODIFICATION Section 8.01 Modification. No modification of this Agreement shall be effective unless and until it is in writing and signed by both parties. ARTICLE DX: DUTY TO REPORT PROBLEMS WITH COMPLIANCE Section 9.01 Duty to report problems in compliance. The Owner acknowledges that the requirement the Owner- Resident maintain a principle residence in the Project is an essential provision of this Agreement and, a requirement that cannot be waived or modified under any circumstances so long as a unit within the project is habitable. The Owner also acknowledges that the other provisions of this Agreement are material to the City's ability and willingness to enter into such an Agreement. Therefore, the City imposes upon the Owner, and the Owner hereby accepts, an absolute duty to immediately provide notice to the City contact person, and to report any difficulties the Owner has with compliance with the terms of this Agreement. ARTICLE X: DEFAULT Section 10.01 Default by the City. The City shall be in default of this Agreement if it fails to provide the payment set forth in Section 1.02 within ten (10) calendar days of the full execution of this Agreement. if.. Section 10.02 Default by the Owner. The Owner shall be in default of this Agreement (a) The Owner- Resident vacates the Project as a principle residence prior to the expiration of the Agreement; (b) Owner fails immediately to notify the City contact person that the Owner- Resident has abandoned the Project as a principle residence; in no event shall immediate notice mean a time that is more than ten (10) business days from the date the Owner- Resident has moved out of the Project; (c) Owner fails to maintain the Project in compliance with all applicable City, state and federal building, environmental, fire, housing, and zoning codes for residential structures located in 5 City of Little Rock Mr. and Mrs. Mitchell Moore the referenced TNEP area of the City, and fails to come into compliance with such codes within a reasonable time, to be determined in the sole discretion of the City; (d) Owner is determined in a final adjudication to have violated any civil or criminal provision of the City, state, or federal government against discrimination. Section 10.03 Remedies upon default. (a) Upon default by the City pursuant to Section 10.01, the Owner may terminate this Agreement and be relieved of any obligations imposed pursuant to the Agreement; (b) Upon default by the Owner pursuant to Section 10.02, or if the Owner otherwise fails to fulfill the commitment to live within the residential structure for the contract period, the City, after proper notice, may foreclose on the property. Section 10.04 Alternative remedy as to Owner- Resident. If the Owner has provided immediate notice to the City that the Owner- Resident has abandoned the Project as a principle residence, and if the City receives sufficient assurances from the Owner that a new Owner- Resident shall be in place within thirty (30) days, then the City and the Owner may enter into an addendum to this Agreement which forgives this Default and which may extend the term of this Agreement for an appropriate period of time. Section 10.05 Remedies cumulative. The rights, powers and remedies set forth in this Agreement are cumulative and exclusive of any right, power, or remedy, provided by law or equity. No failure to enforce a remedy, nor any delay in the enforcement of a remedy, shall operate as a waiver of rights or remedies, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of such right or power or remedy. It is expressly understood that any default that has resulted in a final determination of a court of competent jurisdiction that Owner has violated any City, state or federal law prohibiting discrimination may, in the sole option of the City, require the Owner to make full, complete and immediate repayment of the entire monetary consideration for this Agreement set forth in Section 1.02. ARTICLE XI: MISCELLANEOUS Section 11.01 Governing law. This Agreement is governed by the laws of the state of Arkansas. Venue for any challenge to this Agreement is Pulaski County, Arkansas. 0 0 0 City of Little Rock Mr. and Mrs. Mitchell Moore Section 11.02 Historic programs. If the Owner receives from any source monies for this Project that secure City, state or federal historic preservation programs, the Owner agrees to comply with all rules and regulations set forth in such programs, and to comply with all rules and regulations, certificates of appropriateness, or other measures required by any administrative body, panel, commission, or other such entity empowered to assure compliance with such programs. Section 11.03 Authority to execute Agreement. The persons who execute this Agreement hereby represent and warrant that they have full and complete authority to act on behalf of the entity represented, and that by their signatures below, the terms and conditions of this Agreement constitute valid and enforceable obligations of the entity they represent. Section 11.04 Multiple originals. This Agreement shall be executed in the original, and any number of copies, and each such executed copy shall be deemed an original for purposes of authentication in any hearing, trial, or other such use that requires the authentication of documents. Section 11.05 Access to counsel of choice. The Owner and the City acknowledge that they have had access to legal counsel of their choice prior to entry into this Agreement, and that the terms and conditions set forth in this Agreement shall not be interpreted or construed as if any one party was the drafter of the Agreement. WHEREFORE, the parties have hereunto affixed their hands and seals on the dates set forth below. Mr. and Mrs. Mitchell Moore Owner Date City of Little Rock, Arkansas Bv: Bruce Moore, City Manager ATTEST: City Clerk 7 Date: 0 0 City of Little Rock Mr. and Mrs. Mitchell Moore OWNER ACKNOWLEDGMENT STATE OF ARKANSAS ) )SS COUNTY OF PULASKI ) On this day before me, a Notary Public duly commissioned, qualified and acting within and for the said County and State appeared in person, Mr. and Mrs. Mitchell Moore, to me personally known to be the Owner of the property described in this Agreement, who stated that they had executed the above and foregoing document for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 2003. Notary Public My Commission Expires: CITY ACKNOWLEDGMENT STATE OF ARKANSAS ) )SS COUNTY OF PULASKI ) On this day of 2003, before me a Notary Public, duly commissioned, qualified and acting within and for the said County and State appeared in person, Bruce Moore, to me personally known to be the City Manager of the City of Little Rock, Arkansas, who stated that he had executed the above and foregoing document in his duly authorized capacity for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 2003. My Commission Expires: E Notary Public