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CM-2025-020 - 1/31/2025 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)- COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Comm •' Housing R- .it and Rehabilitation Homeowner Agreement (Agreement), is made this At day of �1" , 2025, between the CITY OF ROUND ROCK, 221 East am treet, Roun I ck,Texas 7804 (CITY), and ROBERT URDA, whose address is 603 Burleson Cove, Round Rock, Texas 78664 (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 CHAPEL HILL NORTH SEC 2, BLOCK A, LOT 16, a subdivision in Williamson County, Texas, also known as 603 Burleson Cove, Round Rock, Texas 78664 (the "Property") 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), $23,706.00 (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$5,926.50. 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". £- 4921-8000-4882/ss7 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. 2. 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. 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 3. 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.] 4. This Agreement is effective as of the date first written above. HOMEOWNER: CITY: City of Round Rock,Texas 44 Robert Urda Brooks Bennett, City anager 5. EXHIBIT"A" WORK WRITE-UP BID DOCUMENT 6. Attachment C- Property Bid Sheet-Addendum 4 Update Solicitation Number: IFB 25-007 Solicitation Description: CDBG HOME REPAIRS The Respondent represents that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents contained in IFB No.25-007 CDBG Home Repairs.The Respondent acknowledges that they have received and read the entire solicitation packet,attachments, addendums,and all documents incorporated by reference,and agrees to be bound by the terms therein. Special Instructions: Be advised that exceptions taken to any portion of the solicitation will jeopardize acceptance of the bid. Alternative bids will not be considered and unauthorized modifications to the bid sheet format will result in the rejection of the bid. The City reserves the right to choose which repairs will be completed based on budget and the budget may not include all repairs listed per location. NOTE:You must bid all line items for a location,there are 4 separate locations.Only 1 contractor will be awarded per location. Location #4 LINE AREA DESCRIPTION LINE ITEM TOTAL WINDOWS AND DOOR Replace three back windows on first floor with energy efficient windows,replace window trim and all siding on 1 Windows/Siding back of house No Paint,owner wants to paint.(Writeup Page 3).Siding design shall be as close to the orgianl $2,406.00 siding as possible and is subject to the approval of the homeowner. 2 Back Door Replace double glass backdoor with new door of similar type and hardware as well as trim around the door.No $5,598.00 Paint.Owner wants to paint. OUTSIDE 3 Chimney Replace all rotted siding on chimney located in back of house,include replacement of rotted trim.No Paint, $2,668.00 owner wants to paint.(Writeup Page 3) On right hand side of home when viewed from the front,remove bottom board and replace siding two feet up.No 4 Siding Paint. Under blue siding remove board and replace with new like board. No paint.(Writeup page 4).Siding design $2,095.00 shall be as close to the orgianl siding as possible and is subject to the approval of the homeowner. On the left side of house when standing from the front,replace 9 siding panels with like panels,no paint and 5 Siding replace the condensation chase,no paint.(Writeup page 5).Siding design shall be as close to the orgianl siding $3,351.00 as possible and is subject to the approval of the homeowner. When standing at front of house replace all fencing on right side and replace entire back fence with cedar 6 Fence pickets.(Writeup pages 7 and 8)Do not replace the left side of fence. $7,588.00 COMPANY NAME: B&O Construction NAME OF AUTHORIZED Paul Farnum REPRESENTATIVE: SIGNATURE PHONE NUMBER: 512-989-6222 EMAIL ADDRESS: Raul@bnoconstruction.com Page 4 of 4 Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION #4 pi:tel..:: . ---e-' t' - 1 a. - _ ill ,.01'. 4r,„,„.. ;pr._' • -,.._. , .. i 4 0 4 `' — - — Replace the three windows on first floor with energy efficient windows, replace window trim and paint to match with 2 coats of paint. Replace back door with new door and new hardware. - Replace all rotted siding at the back of the house and chimney as °Ni seen in pictures.Include replacement of rotted trim. Paint all to match with 2 coats of paint. oi_ *Contractor must attend mandatory walk thru to take additional 1 l' c .— pictures and measurements. il Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION#4 3 III ' Additional picture of chimney. • Back door i:".,to's: __ , Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION #4 REVISION TO SIDING, TRIM, BACK DOOR AND WINDOWS FROM PREVIOUS 2 PAGES: ''' , jai .j; �wF .,.J / `/ ` . .. ',P'j Replace all ter`: siding on , / 1 ` the back of ` ' t the house i �" 0 , .,z.. A '` to include ,. _ trim. 3 Replace ;max_ glass doors . - Mins _ with ' min _ . - similar to �' ;a a' � t .! , include V .Y� i, 'i__�r:r 2=_ I trim YY �` around � i'" I.t.•. • wr doors. • V...ii, .W+ F „or r painting any siding a or trim . work. Replace siding on chimney—all sides- to include trim boards. (no painting) Replace three (3) windows and trim as requested in previous page BUT do not paint trim around windows. NO painting at this property. 3 Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION#4 001, Replace rotted siding on right side of home is standing in front yard of home and paint to match 2 coats. Contractors must attend Mandatory walk thru to take additional pictures and measurements. REVISION TO ABOVE PIC AND SCOPE OF WORK: nvricncrrunWL!-%lwiv t4 ; , .\ r as __.-•-,,. • \. Rem v-e bottom board and siding from bottom up to two(2)feet and replace with new siding.No p Remove board right under blue siding and replace with new board. 4 Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION #4 1 ( e i • i , °. ,,,,,,,;;:":,'',:%,,...tiii.4.'",s4;',:k.r‘, ., II- # /11 /� I . it r / , � . : t. i�' . Replace siding on right side of house.Paint to match 2 coats. REVISION TO ABOVE PIC AND SCOPE OR WORK: a •r,,� ,4 I , - i -""`. 2_4 3 ,, -,:i4p-- _ , , .........„,, ,- -. , „ - - 1 V • • i. i' i i40 , ,, ,,,. i ` \., ,, vi, it , , ` _..... f .,.,.,,?\ ,I' 11 I 1 , r . %, 144 , , 1 i t". • Tit k` 11, f r s. Replace nine (9) siding panels on left side of house if sta sing at front of home facing home (not right side like stated in pic above.) (no painting). Replace condensation Chase. 5 Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION#4 = St } Y Replace fence on left side and back of home if standing in front yard facing house. Replace with cedar pickets. • • Replace side fence and gate on the left side of home if standing in front yard facing the house. Replace with cedar pickets. 6 Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION #4 REVISION TO PIC AND SCOPE OF WORK IN PREVIOUS PAGE: '',1.' t t • -.yam: S Replace entire right side fence not left(if you are standing at the front of the house facing the house).Use cedar pickets. Do replace entire back fence. -` = ram' 00 r . ", C4 4 I, I , ), , I , , , , . . ,., ., , ,,, ,, , , i Ili Willi/ Iiii.,1/ .. .. / 1 ' ..... ., 1, , .a..•-,.' m - ., , :fi - ,y.1. ._ { # 'r r y 'c,, -• • > t r. 7 Attachment H-Location 4-Addendum 2 Update HOME REPAIR LOCATION #4 -, .., , , _s air .......;_i_ T d, 4.41�� fx �'' ^��'{� t.�a4•.� ,/ 1:�.:,rij�'4.1 't �'��} .eTr it,,t�l v•��''� t. i�t�l ,° �, : ',�`a i !` e /fix �‘ y / w�! its �^ 01 41444141,0 .- LL ' n „ , itAl, ) I g!�^'v t,.-,1 .T. ,'F r. ,..��: , .ram *1'4' � � s } �•" °`fA , /lam' ',f.: i-..A ,, .., .. .,k 1 `''' •-fir- s 4411' a.:3 { F '- + , 4 3 !'3C. ,yam 1 .L•, ,�,�.1 Replace entire back side of fence. Use cedar pickets. 8 EXHIBIT"B" INCOME LIMITS FY 2024 MAXIMUM INCOME CHART Household Size Maximum Income(80% of the Area Median) 1 person $68,500 2 persons $78,250 3 persons $88,050 4 persons $97,800 5 persons $105,650 6 persons $113,450 7 persons $121,300 8 persons $129,100 Source: U.S. Department of Housing&Urban Development. These income figures are subject to change annually. 7. EXHIBIT "C" CONTRACTOR'S AGREEMENT 8.