CM-2023-116 - 5/19/2023COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -
COMMUNITY HOUSING REPAIR AND REHABILITATION
HOMEOWNER AGREEMENT
This CDBG Commu yi ousing Repai Re bilit lion Ho eowner Agreement
(Agreement), is made this ay of i� 202 etween the CITY OF
ROUND ROCK, Texas, 221 ?a, t Main Street, Round R �k, Texas (C. TY), and Clara Homerton
and Teresa M. Mathwig, whose address is 513 Chisholm Valley Drive, Round Rock, Texas 78681,
Texas (collectively the HOMEOWNER).
RECITALS
WHEREAS, the CITY has been awarded grant funds which may be spent by the CITY for
the provision of certain services authorized under the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) Program; and
WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their
residence by providing a grant to pay a contractor for labor, materials and equipment to be utilized
in the rehabilitation; and
WHEREAS, HOMEOWNER has qualified for the rehabilitation of CHISHOLM VALLEY
SEC 3, BLOCK K, LOT 4, Williamson County, Texas, also known as 513 Chisholm Valley
Drive, Round Rock, Texas 78681, as specified in the Work Write -Up Bid Document, attached
hereto and incorporated herein as Exhibit "A".
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the CITY and HOMEOWNER agree as follows:
ARTICLE 1
GENERAL REQUIREMENTS
1.1 CITY will pay a contractor, by separate agreement attached hereto and incorporated herein
as Exhibit "C" (Contractor's Agreement), $15,579.00, (Contract Price) for labor, materials
and equipment utilized in the rehabilitation of HOMEOWNER's above -referenced
property, as specified in the Work Write -Up Bid Document. Funds will not be used to pay
HOMEOWNER or members of its family.
1.2 The Contract Price and any approved change orders will not total more than $19,473.75.
ARTICLE 2
HOMEOWNER'S RESPONSIBILITIES
2.1 HOMEOWNER has qualified for a grant under the Low to Moderate Income guidelines as
set forth in Section 8, Income Limits established and amended annually by HUD, attached
hereto and incorporated herein as Exhibit " B".
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2.2 HOMEOWNER has resided in and been the owner(s) of the residence to be rehabilitated
for at least one (1) year prior to the submission of its application.
2.3 The residence to be rehabilitated is not located in a flood zone area as defined in CITY's
Flood Insurance Map, produced by the Federal Emergency Management Agency, or if it is
located in a flood zone, HOMEOWNER has sufficient flood insurance, which
HOMEOWNER will keep current for at least five (5) years after receiving the award.
2.4 All property taxes on the property are paid up to date, including CITY, County and
applicable School District Taxes.
2.5 The residence is not under a Contract for Deed, or any similar purchase agreement, in
which HOMEOWNER does not obtain legal title until final payment is made.
HOMEOWNER has not received HUD Program assistance for the preceding five (5)
years.
2.6 HOMEOWNER understands and agrees that the work performed by contractor will be
inspected by the Construction Advisor, as defined in the City of Round Rock Housing
Repair and Rehabilitation Program Policies and Procedures, and a City Inspector before
any funds are paid out and the rehabilitation is completed.
ARTICLE 3
OTHER PROGRAM REQUIREMENTS
3.1 DISCRIMINATION. HOMEOWNER will not exclude any person from participation in,
deny the benefits of or subject the person to discrimination under any of the contractor's
activities while receiving federal financial assistance on the grounds of race, color,
religion, sex, national origin, age or disability.
3.2 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY,
MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No
member, officer, or employee of CITY, or its designees or agents, no member of the City
Council, and no other public official of CITY during his/her tenure or for one (1) year
thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the program assisted under
this Agreement.
3.3 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this
Agreement will not be used in payment of any bonus or commission for the purpose of
obtaining CITY approval of the application for such assistance.
3.4 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts
or failures to act by either party to this Agreement, any applicable statute of limitations
will commence to run and any alleged cause of action will be deemed to have accrued in
any and all events when the party commencing said cause of action knew or should have
known of the existence of the subject act(s) or failure(s) to act.
3.5 INDEMNIFICATION. HOMEOWNER will defend, indemnify, and hold CITY, its
successors, assigns, officers, employees and elected officials harmless from and against
all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
attorney's fees, and any and all other costs or fees arising out of, or incident to,
concerning or resulting from this Agreement, no matter how, or to whom, such loss may
occur. Nothing herein will be deemed to limit the rights of CITY or HOMEOWNER
(including, but not limited to the right to seek contribution) against any third party who
may be liable for an indemnified claim.
3.6 CHANGE ORDERS. HOMEOWNER expressly agrees that no material changes or
alterations in the Work Write -Up Bid Document or Contract Price provided above will be
made unless in writing, mutually agreed to by HOMEOWNER and the CONTRACTOR,
and authorized by CITY.
3.7 TERMS. All references in this Agreement to any particular gender are for convenience
only and will be construed and interpreted to be of the appropriate gender. For the
purposes of this Agreement the term "will" is mandatory.
3.8 SEVERABILITY. Should any provision in this Agreement be found or deemed to be
invalid, this Agreement will be construed as not containing such provision, and all other
provisions which are otherwise lawful will remain in full force and effect, and to this end
the provisions of this Agreement are declared to be severable.
3.9 PUBLIC INFORMATION ACT. The City of Round Rock is governed by the Texas
Public Information Act, Chapter 552 of the Texas Government Code. This Agreement
and all written information generated under this Agreement may be subject to release
under this Act.
ARTICLE 4
SUSPENSION AND TERMINATION
4.1 If HOMEOWNER fails to fulfill in a timely and proper manner their obligations under
this Agreement, or violates any of the terms or conditions of this Agreement, then
HOMEOWNER will have ten (10) days from the date it receives written notice from
CITY directing it to cure or correct the defects or failures to comply. Should
HOMEOWNER fail to make corrections as directed by CITY, and such breach of
contract results in a violation of federal law or regulation for which CITY receives a
demand of reimbursement of grant funds from HUD or its successor, CITY may
terminate this Agreement immediately, and may recover from HOMEOWNER the
amount sought by HUD for reimbursement, up to the full amount of the award.
4.2 HOMEOWNER will not be relieved of the liability to the CITY for damages sustained by
CITY by virtue of any breach of this Agreement by HOMEOWNER.
3_
4.3 If CITY becomes aware of any HOMEOWNER activity which could jeopardize CITY's
position with HUD and cause CITY to return CDBG funds or other federal funds
received by CITY, CITY may take appropriate action, including injunctive relief against
HOMEOWNER, to terminate or prevent the activity. Failure of CITY to exercise this
right will not constitute a waiver by CITY of its right to demand payment or to seek any
other relief in law or in equity to which it may be entitled.
ARTICLE 5
ATTORNEY'S FEES
5.1 Any party to this Agreement who prevails in any legal proceedings between the parties
regarding this Agreement will be entitled to recover court costs and reasonable attorney's
fees from the non -prevailing party.
ARTICLE 6
VENUE AND REMEDIES
6.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any
dispute arising under this Agreement is in Williamson County, Texas.
ARTICLE 7
SUCCESSORS AND ASSIGNS
7.1 CITY and HOMEOWNER, respectively, bind themselves, their successors, assigns and
legal representatives to the other party to this Agreement and to the successors, assigns
and legal representatives of the other party with respect to all covenants of this
Agreement. Neither CITY nor HOMEOWNER will assign, sublet, or transfer any
interest in this Agreement without the written consent of the other.
ARTICLE 8
ENUMERATION OF CONTRACT DOCUMENTS
8.1 This Agreement represents the entire and integrated agreement between CITY and
HOMEOWNER for the work specified in Exhibit "A" and supersedes all prior
negotiations, representations or agreements either written or oral. This Agreement may
be amended only by written instrument signed by CITY and HOMEOWNER. The
Agreement contains the following exhibits attached to and incorporated in this
Agreement for all purposes:
(1) Work Write -Up Bid Document (Exhibit "A")
(2) HUD Section 8 Income Limits (Exhibit "B")
(3) Contractor's Agreement (Exhibit "C")
[Signatures are on the following page.]
This Agreement is effective as of the date first written above.
HOMEOWNER:
40araHrton
Teresa "MMathwig
CITY:
City of Round Rock, Texas
Laurie Hadley, City Ma ger
EXHIBIT "A"
WORK WRITE-UP BID DOCUMENT
6.
Attachment A -Quote Sheet -Revision 1
Location 5 - RFQ TR042623 Communitv Oevelooment Block Grant fCCIRGI Hnma Renalrn
Item fl
Repair Item Location
Repair Item
Scope of work
cast
Add window caulk to all windows and sliding door. There are 4-
1
Windows
Weatherization
back windows, 1-side window, 2 -front windows and 1- back
sliding glass door.
$ 590.00
Remove existing tub/shower and install prefabricated walk in/
2
Primary Bathroom
Shower/Tub
low step shower with 2 hand rails and shelf. Replace all
plumbing hardware. (0-30inxH-71 1/2xW-58in)
$ 5,913.00
3
Front Porch
Front step/walkway
Modify front step and walk -way to be concrete walk -way with a
slight ramp (step removed)
$ 3,720.00
4
Water heater (garage)
Water heater
Remove and install new 40 gallon water heater (electric) , pan
and drain with gas electric valve.
$ 3,875.00
5
Small portion of roof -back of
Cap each side of
Cap/cover opening on each side of the shingles where they meet
house
shingles in back
the back patio cover.
$ 1,481.00
TOTAL COST:
$15,579.00
Company Name: Farnum Enterprises, Inc dba B&O Construction
Contact Name: Paul Farnum
Contact Email: aul bnpconstruction.com
EXHIBIT "B"
INCOME LIMITS FY 2022
MAXIMUM INCOME CHART
Household Size
Maximum Income 80% of the Area Median
1 erson
$61,800
2 persons
$70,600
$79,540
$88,250
3 2ersons
4 persons
5 persons
$95,350
6 persons
$102,400
7 persons
$109,450
S persons $116,500
Source: U.S. Department of Housing & Urban Development. These income figures are
subject to change annually.
7.
EXHIBIT "C"
CONTRACTOR'S AGREEMENT
IROUND ROCK
�A3
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a CDBG Community Housing Repair and Rehabilitation
Homeowner Agreement with Clara Howerton and Teresa M. Mathwig for property
at 513 Chisholm Valley Drive, Round Rock, Texas 78581.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/19/2023
Dept Director: Joe Brehm
Cost: $15,579.00
Indexes: CDBG HUD Entitlement Grants
Attachments: LAF CDBG Home Repair Homeowner Contract - Clara Homerton and Teresa M
Mathwig, Homeowner agreement 513 Chisholm Valley Dr.
Department: Community and Neighborhood Services
Text of Legislative File CM-2023-116
Consider executing a CDBG Community Housing Repair and Rehabilitation Homeowner Agreement with
Clara Howerton and Teresa M. Mathwig for property at 513 Chisholm Valley Drive. Ms. Howerton and Ms.
Mattwig applied and met all the requirements to be eligible for the CDBG home repair program.
Improvements to her home include replacement of the waterheater, ADA improvements in the primary
bathroom, and front porch. The total cost of the project is expected to be $15,579.00 and not to exceed
$19,473.75 with any necessary change orders. The selected contractor to do this work is Farnum
Enterprises dba B&O Construction.
Cost: $15,579
Source of Funds: CDBG Program Funds
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