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HomeMy WebLinkAboutRES 09-207 RESOLUTION NO. 09-207 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute contracts with the owners of homes flooded during Hurricane Ike for the purchase of those homes and the provision of relocation assistance through the Hazard Mitigation Grant Program's Acquisition and Demolition Program as described below: Address Owners Name Purchase Amount Relocation Amount 2950 Tailiaferro Henry Seale $45,000.00 $5,250.00 3490 Taliaferro Herbert& Shirley Grogan $44,050.89 $0.00 460 E Delaware Carl & Isabella Mason $6,500.00 $4,000.00 470 E Delaware Arbie Adams $6,000.00 $0.00 480 E Delaware Myles Thomas $30,000.00 $0.00 390 Fletcher Betty Green $18,000.00 $5,250.00 485 Manning Howard LeBlanc $35,000.00 $5,250.00 445 Manning Horace & Lilly Dean $5,000.00 $0.00 Total: $189,550.89 $19,750.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. AIW ! ayor Becky Ames - lot'. FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 54— day of �1 L A+ 2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Carl&Isabella Mason hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont,Texas in which the SELLER owns a parcel of land known by the physical address,460 E Delaware and described as North End Lot 3, Block 4, Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$6,500.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$55,000.00 with deductions for any insurance payment received by SELLER for structural damage of$43,000.00 and$17,369.73 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$0 for certain repairs for which receipts were provided have been added Note that the above deduction of insurance resulted in a valuation of less than land value.Therefore,the valuation was increased to land value of$6,500.00. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally dete,mined,will be deducted from the purchase price,if the purchase price h•.s not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLF<R. The value of the property removed will be solely determined by the :'ity and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. } E l .. I 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character,name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers,agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this I�aay of C e_. 12009. &�z --- 1"bld 4��-u,-,,I-) Seller Signature Wi ess,att ing for Seller(signature) Carl Mason Net � Seller Printed Name Witness,idesting for Seller(Printed Name) Seller Signature ess,attest' g for ler(signature) Isabella Mason A- eai a 1,zt Seller Printed Name Witness,a ing for Seller(Printed Name) City of Beaumont Approval: k. I U OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 5 day of .JvMQ 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Carl Mason and Isabella Mason,hereinafter referred to as the"RECIPIENT." W ITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 460 E Delaware and described as North End Lot 3,Block 4,Abstract 046750,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Four Thousand and No/100($4,000.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above- referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST Purchase of replacement home $55,000.00 $89,000.00 Amount of City contribution toward replacement home $4,000.00 Total benefits to be paid= $4,000.00 City contribution is capped at $4,000.00 which is the eligibility determined under the Environmental Justice calculations completed as part of the grant application. 3. The RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as to this transactio:?and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this S dray of Jy.J-e 2009 RECIPIENT RECIP zu Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into tins 10th day of June 2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Herbert Grogan&Shirley Grogan hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont,Texas in which the SELLER owns a parcel of land known by the physical address,3490 Taliaferro and described as Mt Olive Lot 1 Block lAbstrac-t 045250. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$44,050.89 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title,provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$50,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and$5,949.11 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall fast be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future,any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in full or be repaid by the SELLER.within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this tim,; or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers,agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this day of J&1,—Q 2009. j, f -,- - - 4nd-z�l Seller Signature Witne ,attesting for Seller(signature) Herbert Groean Seller Printed Name Witness,attesting for Seger(Printed Name) .4 -/v Seller Sign re Witnes attesting for Seller(signature) Shirley Grogan J'r-V Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this�day of U ,2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Thomas Myles hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 480 E Delaware and described as North End L1 B4,Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$30,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in full or be repaid by the SELLER within '0 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises. The Ci, will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement tiirsbinding upon the heirs,executors,successors and assigns of all parties. f DATED this /" day of �C/hJe 2009. -� Seller Signature Wit ss,attesting for Seller(signature) Thomas Mks Je P g-— WA4 b Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 9th day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Henry Lewis Seale hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 2950 Taliaferro and described as North End S67 Lot 7 Lot 8 Block 7 Abstract 046750 And North End Lot 7 Block 3 Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM,BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$45,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$45,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will h. _,)lely determined by the City and must be negotiated prior to removal. SELLER understands that no fix'.gyres, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agre, :.ent may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents,employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 91h day of June 2009. Seller Sig e Wit s,attesting for Seller(signature) Henry Lewis Seale JW-4/LD Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: t OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 9th day of June 2009,by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Henry Lewis Seale, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 2950 Taliaferro and described as North End S67'Lot 7 Lot 8 Block 7 Abstract 046750 And North End Lot 7 Block 3 Abstract 046750, (the "Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No/100 ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—tenant relocation in lieu of purchase $5,250.00 Total benefits to be paid= $5,250.00 3. The RECIPIENT acknowledges that this payment wili satisfy any and all obligations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this "day of Lf-( 2009 RECIPIE WI SS Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 9th day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Arbie Adams and Helen Adams hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs (TH&CA)to purchase certain property in Beaumont,Texas in which the SELLER owns a parcel of land known by the physical address, 470 E Delaware and described as North End Lot 2, Block 4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$6,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances.Note that the above deduction of insurance resulted in a valuation of less than land value.Therefore,the valuation was increased to land value of$6,000.00. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$40,300.00 and$0.00 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the p-,:rchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materi..::, or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 9'�day of JUA, .2009. Seller Signature Witn s,attesting for Seller(signature) Arbie Adams I Seller Printed Name Witness,attesting for Seller(Printed Name) C;�/O n2 a4; Seller Signatures,� Witne ,attesting ,f'or/Seller(signature) Helen Adams c/ LZ Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: L FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this ! day of_ "'✓!�/2 2009,by and between the City of Beaumont,Texas,hereinafter referred to as the City,and Jessie LeBlanc hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 485 Manning and described as North End Lot 16 Block 4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$35,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$35,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and $0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to t;c salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 9 day of Jy^L.e— .2009. Sel r Signature Witn s,attesting for Seller(signature) Jessie LeBlanc J(C�7 adok,4 Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: �. l C.._. OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into thisday of J-4 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Jessie LeBlanc, hereinafter referred to as the"RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 485 Manning and described as North End Lot 16 Block 4 Abstract 046750,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No/100 ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—decided to be tenant $5,250.00 Total benefits to ne paid= $5,250.00 3. The RECIPIENT acknowledges that this payment will satisfy any and all ob!igations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this 1 day of 2009 CIPIENT WITNES Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this loth day of June,2009,by and between the City of Beaumont,Texas, hereinafter referred to as the City,and Betty Green hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 390 Fletcher and described as North 1St Lot 6 E IOFt Lot 5 Block 3 Abstract 046760. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$18,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$18,000.00 with deductions for any insurance payment received by SELLER for structural damage of$0.00 and$0.00 for any Disaster Housing Assistance program(DHA)(structural repairs)and/or$0.00 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by th, SELLER within 10 days after removal if the purchase price has beea. paid to the SELLER. The value of the property removed w�!l be solely determined by the City and must be negotiated prior to removal. SELLER understands that no ti/tures, materials or improvements to the real estate may be removed from the ,)remises. The City will NOT permit any materials to be salvaged at th" time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this 10`h day of June 2009. Sel er Signatl Signal irnsrda ttesting for Seller(signature) Betty Green Jef Seller Printed Name Witness,attesting for Seller(Printed Name) City of Beaumont Approval: L t I OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this 10th day of June 2009, by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Betty Green, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address,390 Fletcher and described as North I St Lot 6 E I OFt Lot 5 Block 3 Abstract 046760,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a decent,safe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of the above-referenced Property and entered into a voluntary agreement to sell the above-referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREFORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Five Thousand Two Hundred Fifty and No ($5,250.00)payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Moving Expense(based on Table) $ Closing Costs $ Purchase of replacement home—tenant in lieu of relocation $5,250.00 Total benefits to be paid= $5,250.00 3. The RECIPIENT ackr-wledges that this payment will satisfy any and all obligations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above-referenced Property. This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED this I0'h day of June,2009 REdPIEN 7 W/11ESS Accepted by: CITY OF BEAUMONT FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this ls�_day of fou— 2009,by and between the City of Beaumont, Texas, hereinafter referred to as the City, and Horace Dean & Lilly Dean hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management(GDEM) and/or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 445 Manning and described as North End Lot-12 Block-4 Abstract 046750. The Seller represents that this property was damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of$5,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$30,000.00 with deductions for any insurance payment received by SELLER for structural damage of$24,200.00 and$7,057.21 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $3,697.94 for Other Needs Assistance(ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of$6,600.00 for certain repairs for which receipts were provided have been added. Note that the above deduction of insurance resulted in a valuation of less than land value. Therefore, the valuation was increased to land value of$5,000.00. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City,state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs,executors,successors and assigns of all parties. DATED this day of .IVA-t—I 12009. 1 qe Seller Signature Wit�ne�ss,/,attesting for Selle�r(signat re) Horace Dean —'✓VYG' C l `et--P ry" Seller Printed Name Witness,attesting for Seller(Pri ted Name) A � ��V"� C y✓lCy�J Sel er Signature Witness,attesting for Seller(signat re) Lilly Dean D -boyck, O-I�OVVVIII Seller Printed Name Witness,attesting for Seller(Prinked Name) City of Beaumont Approval: