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CM-10-01-022COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement (Agreement), is made this 22 day of JO.vtu..4.r. 2010, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rocks 78664 ("CITY"), and ALL TEX BUILDING & RESTORA LION, INC., P. O. Box 1988, Conroe, Texas 77305 ("CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant funds which may be spent by CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (IIUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, CITY will pay CONTRACTOR. for labor, materials and equipment to be utilized in the rehabilitation of LOT 22, BLOCK A, SOUTH CREEK, SECTION THREE. a subdivision in Williamson County, Texas, According to the Map or Plat thereof recorded in Cabinet G, Slides 255, of the Plat Records of Williamson County. Texas, also known as 608 Firethom Lane, 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, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR 812,830.00 ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 1.2 Payment will be made by CITY for all work described in the Work -Write Up Bid Document after all of such work is found to be satisfactorily completed and inspected by the Construction Advisor, as defined in the City of Round Rock Minor Home Repair Program Policies and Procedures, and the CITY Inspector. CITY will pay CONTRACTOR for work in accordance with CITY'S Prompt Payment Policy, as defined in the City of Round Rock 2009 Community Housing Repair and Rehabilitation Program Policies and Procedures. 176085.docjimr 1.3 CONTRACTOR will not deviate from the work described in the Work -Write Up Bid Document without a change order Gum CITY. Any such change order will be included in an amendment to this Agreement. The Contract Amount and any change orders shall not exceed a total amount equal to a twenty-five (25) percent increase in the original Contract Amount. 1.4 The Contract Amount and any approved change orders will not total more than the amount of $16,037.50. 1.5 All work specified in the Work -Write Up Bid Document will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 Work -Write Up Bid Document line item deletions: None 1.7 CONTRACTOR will assign to the CITY all mechanic's lien notes and mechanic's lien contracts on the Property held by CONTRACTOR. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 2.1 CONTRACTOR will ensure that all work performed under this Agreement is permitted and inspected by CITY's Building Inspection Division. CONTRACTOR agrees to be duly licensed under CITY ordinances and State laws and be responsible for obtaining the building permit. 2.2 CONTRACTOR understands that it is solely responsible for meeting the terms and conditions of this Agreement. If CONTRACTOR fails to properly perform or complete any of the work specified in the Work -Write Up Bid Document, CONTRACTOR will not receive funding for any work that is found to be improperly performed or incomplete. 2.3 CONTRACTOR understands that all work described in the Work -Write Up Bid Document with the exception of line items deleted under Section 1.6 must be completed before any funds will be paid out, 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any funds will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRAC'T'OR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2.6 CONTRACTOR agrees to complete the work within ninety (90) days from the date of the 2 Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR'S control, CONTRACTOR will provide timely notice to CITY of the reasons for such delay. If such good cause is claimed by CONTRACTOR, it will be CONTRACTOR'S obligation to substantiate its claim by adequate documentation. 2.7 CONTRACTOR affirms that it has not been debarred from performing federal contract work. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 PERMITS AND CODES. CONTRACTOR agrees to secure and pay for all necessary permits and licenses required for CONTRACTOR'S performance and to adhere to applicable local codes and requirements whether or not covered by the Work -Write Up Bid Document, including any CONTRACTOR registration requirements, 3.2 DISCRIMINATION. CONTRACTOR 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. 3.3 WARRANTY. CONTRACTOR agrees to provide a full one-year warranty to the homeowner, said warranty will extend to subsequent owners of the property to be improved. The warranty will provide that improvements, *hardware, and fixtures of whatever kind or nature installed or constructed on said property by the CONTRACTOR are of good quality and free from defects in workmanship or materials or deficiencies subject to the warranty provided in this. paragraph. CONTRACTOR and CITY agree, however, that the warranty set forth in this paragraph will apply only to such deficiencies and defects as to which homeowner or subsequent owners will have given written notice by certified mail to the CONTRACTOR, at its principal place of business, within one (1) year from the date of the final inspection and acceptance by the City Inspector that al' work under the Agreement has been completed. 3.4 BID. CONTRACTOR acknowledges that it has prepared the CONTRACTOR'S Work - Write Up Bid Document, attached hereto and incorporated herein as Exhibit "A" and that such Bid is accurate and consistent as to the name of CONTRACTOR, scope of work that the CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3.6 SUBCONTRACTORS. CONTRACTOR agrees that all the warranties contained herein will apply to all work performed under this Agreement, including that performed by any Subcontractors. 3 3.7 FRAUDULENT ACTS. CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, subcontractors or parties in interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm, or person to submit a collusive or sham bid in connection with CONTRACTOR for which the bid has been submitted or to refrain from bidding in connection with this Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix any overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 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. 3.9 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. 3.10 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. 3.11 INDEMNIFICATION. CONTRACTOR 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 the fault of CONTRACTOR, or CONTRACTOR's agents, employees or subcontractors, in the performance of CONTRACTOR's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Work -Write Up Bid Document or price provided above will be made unless in writing, mutually agreed by the homeowner, CONTRACTOR and authorized by CITY. 4 3.13 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. 3.14 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. 3.15 PUBLIC INFORMATION ACT. The CITY 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. 3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all local, state and federal laws. 3.17 LIEN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner and CITY from any claims for unpaid work, labor, or materials with respect to CONTRACTORS performance. Final payment will not be paid until the CONTRACTOR has delivered to CITY complete release of all liens for work completed arising out of CONTRACTORS performance or a receipt in full, covering all labor and materials for which a lien could be filed or a bond satisfactory to the homeowner and CITY indemnifying him against any lien. 3.18 REPORTING REQUIREMENTS. CONTRACTOR agrees to submit a W9 Form, attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements with the Internal Revenue Service. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the CONTRACTOR will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects. If CONTRACTOR fails to cure or correct the defects, CITY will have the right to terminate this Agreement and to select a substitute CONTRACTOR. If the expense of finishing the work exceeds the amount of this Agreement, CONTRACTOR will pay the difference to CITY. Should CONTRACTOR 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 CONTRACTOR the amount sought by I1UD for reimbursement, up to the full amount of funds CONTRACTOR received from CITY. 5 4.2 CONTRACTOR will not be relieved of the liability to CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR. CITY may withhold payment to CONTRACTOR until the amount of monetary damages due CITY from CONTRACTOR is determined. 4.3 If CITY becomes aware of any CONTRACTOR 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 CONTRACTOR, 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 PAYMENTS 5.1 For work completed by CONTRACTOR, as described in the Work -Write Up Bid Document, CITY agrees to pay CONTRACTOR the Contract Amount after all of such work is found to be satisfactorily completed and is inspected by the Construction Advisor and CITY Inspector, in accordance with the CITY'S Prompt Payment Policy. ARTICLE 6 ATTORNEY'S FEES 6.1 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 7 VENUE AND REMEDIES 7.1 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 8 SUCCESSORS AND ASSIGNS 8.1 CITY and CONTRACTOR, 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. Except for CONTRACTOR'S assignment of mechanic's lien contracts and mechanic's lien notes to the CITY pursuant to Paragraph 1.7, neither CITY nor CONTRACTOR will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 6 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 This Agreement represents the entire and integrated agreement between CITY and CONTRACTOR for the work specified in Exhibit "A" and supersedes all prior negotiations, representations or arguments either written or oral. This Agreement may be amended only by written instrument signed by CITY and CONTRACTOR. 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) W9 Form (Exhibit "B"). This Agreement is effective as of the date first written above. CONTRACTOR: ALL TEX BUILDING & RESTORATION, INC. Name Title 7 CITY: CITY i F ROUND ROCK R. Nuse, P.E., City Manager Bid Due Date: Contractor Signature 11 7.1 1- - R ca)o o 9 o0 2�cc 0 § 2 4 C3 BCO R (0Crr� COI Work Description / Comments 2 0 0 LL m CO k Trade: Thermal Protection Blown fiberglass attic insulation Blown fiberglass attic insulation. Blown fiberglass attic insulation R19 (8" deep) 0 _ c • O §_�w ii .c- "0 0 9a®w 2 15 1 © n ��.aq e _� acI-%E� Ill -0� ▪ � § 0 ID ,,,,a3 -a 1 co - > L e30 • o i _ o0 2e 75 e� _ 0)20 E 0 g « o x o -1 • -- LLI c% - B • ®a-44 » fs� 2 �5E123 27.� c.0_aa) ®0) 13. ®©« co 0m >m �2@ • -Cco e1- 2• k�� .$ �O I- 0. - 71 $ �c a§_,E IA I CD:t Ei •E-2® 2r _a/�0 k{ x �o -; 7a2sa i! _ e © e o ID��_ 77 0lig ® 01- ▪ .O enp ofT 0 2®0Cw rte Tl f; E 1• 1 £G%'■��. 7 ®aim - . . �- -a w 12 k> a O ;2 4, Trade: Plumbing EXHIBIT "A" / Thursday, May 21, 2009 a Work Description / Comments m Lu Trade: Plumbing 80" long by 32" deep bathtub CD 0 m co n m 0 bo m 0 0 m 0 0 c 0 us 0 0 Ct L m to N 0 0 m 0 C 0 c m 0 U 0 a "rn.a 0 L � .o U o. C m 0 xi 13 N 0 m 0 0 -o a coat o C to o m o nD o to C m t 0 m °0 c w o as m c 0c 0 0 .Q a m t0 rn E0 0 0 t A `0�0 z L o m_ Qom 13 CD c 0 _z. �- _a 0 '- ' m Qto M M Y � 3m 8m Ev o 0 E Es. 3 0 mami m 0 o w da - r) 13 s- 3 U - c C aaa c O0 o U O ton N 0 L 3 C CO to m 0 CV Ca O L mL _ — W fA Trade: Flooring 0 0 Z co o rn O Q co z w re w Z 0 ill E co o 0 Z m J t, J D > w eL ti O Ce 0 1- t-- 0 m � w 0 a� w Tile bathtub surround. Trade: Flooring 608 Firethanl Thursday, May 21, 2009 Zs eg m Qin Work Description / Comments 0 LU m w 0 0 M c � r Cr O 0 0 c O L. 8 -a0 O 0 Trade: Electrical CD 120 volt outlet with cover Electrical outlets & switches. replace, outlet w 0 5 11 ul LJ_ 0 lL w 1_ OZi Q� 0 to 1- 0 0 Qe Z w Trade: Electrical N W Cd0 S-27‘ 0 �n F2 16 - CD u_ w m � L Z UJ 11/L U 0 0`0 CC O 0 < 0 co 0 Q 0 Trade: Electrical CO 120 volt outlet with cover 0 0 O 0 a N 0 0 O CO O Ol O m 0 3 0 ) m 0 m 0 0 0 0 m W 0.. E 0 0 • 0 .te 3 E 05 m 1_ w iu1 608 Firethorn Thursday, May 21, 2009 Work Description / Comments Its 0 0- tNo Trade: Electrical c e R 0 C a C o e TT E v. I E j 1.. x ; 0 o 0 o 2 3 z. 8 Tic. a :, re o ii0• cc 1 _c.._ 0! to EU •L r 11J C O1—i O • w i al E- 0ce 3 co 0 .0 0I a..4+ 0 i L 0 01 o xo Z I-6 �� g 0 1 Z ..0 � e 0 0 co 0 in ; u CEL OC! T -'z - 3 a of z DI o w �t o Ta vi 0 U m E ccoi I 3 1 0 0 pp 0 0 m c 0 w; c 'C12 Ii 2 �•'a Ts NK OYC Co O >(NI , rE VJ 0 j to w M mr Trade: Electrical Does not include main disconnect breaker. 0 to 0 cof C5f a� v L ! Y I� 1 10 J of C.1 Of c Of Q. 1 0 CP x 0 Q. E ° Ilk r 161 . IOCI I> - 1 1Q1 0 123 TO 12: c c C !moi o to l< o. 1J: o _teaIHi m E 0 '(n m m Gi 1z1 u_ 0 Lu 0 ui ui z, a 0 w to M Trade: Electrical Smoke detector Smoke detector. 9 LU Trade: Electrical r0 0 0 0 u 0 0 0 0 E E c c r 0 0 Thursday, May 21, 2009 Work Description / Comments W C U a E E -E E 1:i q 4k } 4to1▪ ' to 3 Ttt0 0 0 0 -76-o 0 L 0. '0 (N4 C co q � 3 CO o a To- • tico • �' q o E 13 aD as b 0. 6` w N c c -a -a0 0 W ✓ (�) W Q) Z Trade: Site Work Trade: Site Work Excavate utility trench Does not Include mobilization. O A 0 0 0 L E z 0 E 0. 0 0 m 0 w Z 7L - Ce Ce 0 0 z J O (0 0r W w 0 z Lu J 0 z 0 H 0 w a. 0 r a CC I -I Ce it 0 a w ~ 0Lu! aa; ,- 0 C W 1 C UU Qui :. • W i 9 Qz' > (ow 0 Li_; C'3 ILLI C 0, I) 0 Trade: Carpentry Cedar board fence Cedar, 1" x 4" boards ▪ ALF ioIZ� o 112 C 1W: • io P.15 o 1 LU 608 Firethorn Thursday, May 2.1, 2009 Work Description / Comments 1 0 0 (.0 40 co 11) Trade: Paint & Finish Siding. 2 coats ALL SIDING. INCLUDE NEW GARAGE DOORS. Trade: Paint & Finish Sr. Paint exterior fascia 11— Z 01 < LL • ' < j 0 i (1) : < C i :11 < I 0 LL tO Trade: Paint & Finish CO 41) 0. 41, 4— a) 0 0 4,0 -o 0 co 03 33 00 Q. 41, •-• 0 41, -C 0. 43 -•-• .0 tO [5- 310 01C •ei -•-• 13- C -c-T3 -c13 co o) 7.5 8 00. • - 0 C a th — 411 CO cr) s- 0 w.2 • 4-▪ • X 5 4e".c 0 • ar Ti - cTs - �. c "ZD's "os 113. a_ 03 o Siding. 2 coats ALL SOFFIT AND PORCH CEILINGS. 608 Urethan Thursday, May 21, 2009 fi a Work Description / Comments 0 m C t O • O as oTs 17 7) o C 03 c t • -LiL c � 'o ▪ m -0 w U E L ▪ 'mac o- m -12 o O p • E m o w c C p $ C c E• m O_ m m it �o � c c� oW 0 -• w CL— m . C U CL E c a0 dl C o o • al 015 o a E E c C 'D "• 0 • o 43 0 III w C Pude: Carpentry replace, paint -grade pine X• 1 0 H j z w w 0 5 � f9l w?i are W J• >1 Z 0 c7 es Lu Ce m 0 Z{ Q wi Z j z% 00 fI X0 z w C• 9' S4— Z_ !J3 0 1- 1! w z cowl D �Iw, c -QUI •m � ce U CO 1—J 06 c13 • rep! 001 o 001 O Z • • ww; a 0wI �; < lLU ui c9 mJ 0 0 m m o O rtAT3C0 O Q13 E �V CA0 O am� g▪ l- �Cmgm tea; 25Wa m� > ; -u o 0) 0>.c w o E N C m m aomC 2aim 0 >.•E aQ E 0 O m m 0O v• •.O—..- C�-0 } -0t qk ��Emm0 C cm>i p t3 «>mm O 5 00) as Tx co co m 11f 0)m a) K Co m 43 7 ... t C ao ,03-43 - ▪ m a 3 �.- O 0 m m 0 moo.0roZc v m N a5 m • m o m�QmCO Y> m m m .� V O i c H C 0 m [s o• 1:301, O V r= m > 'a c m to us 0 m —oE .013 0 v• o• �@"°-0 > coo 7 C V "p e m C . o Q m 1�0 m occoc.Q03 C to V 15 03 mm vs y j y U m s " 4/4) m 2 ° .c °E'- 15 •3�,ma`momE co 1- :C D3 to m O W m " • Cm 'DO— C° C t c V— U ( • 0 , CO Q. 3 w Trade: Carpentry Co 8' garage door with hardware m 0) m v 1R m 15 0. 2 .12 0 .0 .c p w F 0 -4 O 0 co 1s o L/ .Z Round Rock , 7X 608 FSreehorn Thursday, May 21, 2009 6.4 Work Description / Comments ..1111111111111 [iJ Trade: Plumbing N Gas water heater I0 co w 0 V ea M 0 Wr O 0 E 8 CL a v al c m c oa: Q ▪ tn - c� cC9 c c o a ▪ .c To oil Tr; c 3 O .) m c .c a0 0 Q 0 0. CD a ✓ 0 c c W 0 m L I_0 m .. 33 co N is m o 0 E �.r L 3 L 0 0 E E w � 0 r w • Z .v J 3 1- ail C01{ L11 0 i Nn [Li Trade: Carpentry N Disappearing attic stairs Disappearing attic stairs. Fold -up attic access stairs with side rails. Disappearing attic stairs. replace, standard grade 0 } 0 Trade: HVAC Service furnace Service furnace. Replace only. m V 0 3 w- mow; m 0 °° —' m 1-0! b1 LC Hj Q .-J J 0 U J Q 1- UJ J Q VI Lz z 0 uJ 0 C t-- 0 z 0 H 0 uJ z z 0 0 w z J W J [L 0) Q 0 0 J J O • I 1 I z I o O I w ZC9� ozl. Uri cogii f-QL 608 Firethorn Thursday, May 21, 2009 10▪ 71 a Work Description / Comments 0 M AMMIn Trade: Carpentry 0 gym= To - _• m ai Li- as as te E ID — • U O m O O w 03 11 to l0 C D md.L O 03 E 15.(61 0 � 0 7'col3 0 O > a) O cCa,EC la 0 C Q O = �.0.-E=x) •-• ... • co E 4 ° • C 0 as C LL, C C C chi o. Of 0 E Ot-SI U • 1j)71 �`p=0 0 E m -Dv ',R E �m 7 O m_' CO E c EV MY ai ▪ 0al 0 Co QiL 13 1 c -0 .O m 7 m ` ma c m ,� o V m = G a m 52 al di0 c- o0- �2 f 1 • n 4) m 2 -acr, O W O O u �.2 • Zk m ._m.._aTs c 01 3 ri }V -i c c m m o m a v u 0 ;o c ti • LL. al 0 c G O> w 0 0 Q U 0 • w E *Eofr)g ▪ w• ;7` 03 as o o c m O Z v. « C6 • q1 • 3 U — 7 0 cII 0. L 0- V L o ca. 4{ VONNIIMIMINF 0 AMNON II, w CA 7)ade: Plumb 0 N Kitchen sink faucet c 0 CO c 13 m isp0) m m m 4 as U Y c m 0 a v c U co Y 4) up. 0 w Trade: Plumbing CO N Stainless steel kitchen sink 0 cls Round Rock , TX 608 Firethorrt Thursday, May 21, 2009 a 8 ,e) Work Description / Comments 2 2 / R 608 Firrihorn Thursday, May 21, 2009 Form W-9 (Rev. November2005) Department of the Treasury !Mental Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name, if different from above All Tex Building & Restoration Inc Check appropriate individuaV Corporation ❑Partnership ❑Other ► box: ❑ Sole proprietor © Exempt from backup withholding Address (number, street, and apL or suite no.) PO Box 1988 Requester's name and address (optional) City, state, and ZIP code Conroe Texas 77305 List account number(s) here (optional) er axpayer Identification Number (TIN) Enter your TiN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Parti instructions on page 3. Far other entities, it is your employer Identification number (EIN). If you do not have a number, see Now to get a 17N on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. J1 Certification Social security number 11+1+11 1 or Employer identification number 2l0.1-1161613101110 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (ori am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TiN. (See the instructions on page 4.) Sign Signature of Here U.S. person ► �� jV�k/ Vl,Y Date ► isiv Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is In the following cases: • The U.S. owner of a disregarded entity and not the entity, EXHIBIT nBu Form W-9 (Rev. 11-2005) Form W-9 (Rev. 11-2005) Page 2 • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. if you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. if you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments (after December 31, 2002). This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax retum. Payments you receive will be subject to backup withholding 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 instructions on page 4 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules regarding partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of T1Ns. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). If you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Check the appropriate box for your filing status (sole proprietor, corporation, etc.), then check the box for "Other" and enter "LLC" in the space provided. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt From Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box In the line following the business name, sign and date the form. Form W-9 (Rev.11-2005) Generally, individuals (including sole proprietors) are not exempt from backup withholding, Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An intemational organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A b-ust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. IF the payment is for... THEN the payment is exempt for... interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions and patronage dividends Exempt recipients 1 through 5 Payments over $600 required to be reported and direct sales over $5,000 1 Generally, exempt recipients 1 through 7 - See Form 1099-MISC, Miscellaneous Income, and its instructions. =However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(1), even if the attorney Is a corporation) and reportable an Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a federal executive agency. Page 3 Part L Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. if you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number ITiN). Enter it in the social security number box. If you do not have an )11N, see How to get a 77N below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or EIN, if you have one). if the LLC is a corporation, partnership, etc., enter the entity's E(N. Note. See the chart on page 4 for further clarification of name and TiN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurify.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identification Number, to apply for an ITiN, or Foray SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). if you are asked to complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TiN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Form W-9 (Rev. 11-2005) Page 4 What Name and Number To Give the Requester Part IL Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part 1 should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your con-ect TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. For this type of account: Give name and SSN of 1. Individual 2. Two or more Individuals Golnt account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a_ The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or single -owner LLC The individual The actual owner of the account or, if combined funds, the first individual on the account 1 The minor 2 The grantor -trustee t The actual owner' The owner' For this type of account: Give name and EIN of: 6. Sole proprietorship or single -owner LLC 7. A valid trust, estate, or pension trust 8. Corporate or LLC electing corporate status on Form 8832 9. Association, club, religious, charitable, educational, or other tax-exempt organtzation 10. Partnership or multi -member LLC 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The owner' Legal entity " The corporation The organization The partnership The broker or nominee The public entity 'List first and circle the name of the person whose number you furnish. If only one person on a Joint account has an SSN, that person's number must be furnished. lCircie the minor's name and furnish the minor's SSN, 0 You must show your Individual name and you may also enter your business or "DBA" name an the second name line. You may use either your SSN or EIN (If you have one). If you are a sale proprietor, In encourages you to use your SSN. List first and circle the name of the legal trust, estate, or pension trust. (Do riot furnish the TIN of the personal representative or trustee unless the legal entrly Itself is not designated in the account title.) Aiso see Special rules regarding partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The iRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer_ Certain penalties may also apply. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Community Housing Repair and Rehabilitation Homeowner Agreement ("Agreement"), is made this 22 Yi day of, 2010, between the CITY OF ROUND Rock, x ROCK, Texas, 221 East Main Street, Round as ("CITY"), and Herman Shields, and spouse, Callie Shields, whose address is 608 Firethorn Lane, Round Rock, Texas, 78664 ("HOMEOWNER", whether one or more). 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 non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, HOMEOWNER has qualified for the rehabilitation of Lot 22, Block A, South Creek, Section Three, an Addition in Williamson County, Texas, According to the Map or Plat thereof recorded in Cabinet G, Slides 255-256, of the Plat Records of Williamson County, Texas (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: 1.1 ARTICLE 1 GENERAL REQUIREMENTS CITY will pay a contractor, by separate agreement attached hereto and incorporated herein as Exhibit "C" ("Contractor's Agreement"), $12,830.00, ("Contract Price") for labor, materials and equipment utilized in the rehabilitation of the 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 $16,037.50. 1.3 The loan awarded is forgivable provided the terms of this Agreement are met. 176063/jmr 1 ARTICLE 2 HOMEOWNER'S RESPONSIBILITIES 2.1 HOMEOWNER has qualified for a non-interest bearing loan 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". 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 In order for the loan to be forgiven, the HOMEOWNER shall retain ownership of the residence rehabilitated for at least five (5) years from the date of the Real Estate Lien Note and Deed of Trust securing the loan awarded attached hereto and incorporated herein as Exhibits "D" and "E". If a Deferral Termination Event, as that term is defined in the Real Estate Lien Note, including, but not limited to the sale or rental of the Property, or failure by the HOMEOWNER to occupy the Property as a primary residence, occurs prior to the expiration of the five (5) years, HOMEOWNER shall pay the Real Estate Lien Note in full, according to its terms. 2.4 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. 2.5 All property taxes on the Property are paid up to date, including City, County and applicable School District Taxes. 2.6 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. 2.7 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. 2 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 LIEN. HOMEOWNER agrees that a lien shall be placed against the Property for a period of five (5) years after the work performed by the contractor has been approved by the Construction Advisor. 3.6 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. 3.7 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 by HOMEOWNER, the contractor and authorized by CITY. 3.8 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. 3.9 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 3.10 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 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. 4 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 arguments 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") (4) Real Estate Lien Note (Exhibit "D") (5) Deed of Trust (Exhibit "E") This Agreement is effective as of the date first written above. HOMEOWNER: an E. Shields Callie J. Shiel 4 s 5 CITY: R. 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SU CO Z -, 7. 0 - rnC --m � (11:::, ° C : a) m 0 °� m CO m v m w O O 0 (4 w Z "'s 2 o.o 0 a m -rt 0 ,O ° m > � 4 ca m CI o0 A x m o 03 3" 0 3' 3 0 3 C7 3 Q m m 8 r.m om O. w 3 C (m 0� m a. \=o-0 v 4.5 TOlam O� ii. I\ 0 w m allW t m o -1 3" O. at to 0 I v b m 2 co 0N J91094 J81BM SBO m 0 go O 3 m m d 8 00 0 m m CO m m 6ulgwnld .aPn41 tts rn m Work Description / Comments 690Z `IZ'CvP%""1Z uu4oy00+!d 809 1 - 0 - 0) ND— 40 - Q O - c , -1 O C1 0 FN IP iii - t 7 °—' g St as a 0 N T.1 w to �'• � 0 CD � Np 5 c 3 z- m °= .. oo • m 071 0 0- -A n 13 0 CO fa ▪ R71 mN to -. o C {• D C N n- 3 0 j� 43 2,7 1 Oa o1- C N m C xo m o a '9,ff 0121 a 0 rt m m m m a1 m CL m m -� co -Q ICrc 0) -o Q - c m . a. x m m O 0 rik N 3 C EC N N- = m 0 0 o cp. m 5 N X0 3 0) m n a 0 m O 0 n C C= Nq q re. �3a Ili 3 "6:01 150)• . 01 m 0 m Oacs 0 0 -5,3 o- c 2 mo ,m? M CO Cr al 0a `Z tO n O o .. "0 'd S o m m' 'a ID •O {=j w 7C .r C -0 0 `C M" 0 a 07 -0h m p m m la 0 to 0 5. a 5. °: m o �2, m c3mo3 gC a m a ft -n-o • S3 H a at < ,a m, - _23 co N dm m 0. 0. 0) CO - --3t 7.1 m am .+ 50- a- 0 IDO a o '0'-'- 8 74. - 01 - 05 C X10 -0 a OaC 9/ •-• Cry =2 - 0 - tam m 5'3 -nom o<O0C C N _4-4- O m m 3 2'0 o 0. N N-►cr.N.0' O O O 0 9 -' (0 71/4- t ami 3.m m0.0)5 m to EL- M 0 a m i1}UAd1e :apV4. guautc1403 / uoydrcsa1 yJoht 600t `IZ Rayy W279""11. tel .0agaao L3 a h gt co �a C_'L7 CI 4,2 ro to I:5 CI lo fa a t.nQ. A ft ft u 4 u ti 0 a$ aRa it ft eco- fife a x a A. x 0 Household Size 1 . erson 2 persons 3 persons 4 • ersons 5 persons 6 persons 7 persons 8 persons EXHIBIT "B" INCOME LIMITS MAXIMUM INCOME CHART Maximum Income (80% of the Area Median) $41,050 $46,900 $52,800 $58,650 $63,350 $68,050 $72,750 $77,400 Source: U.S. Department of Housing & Urban Development. These income figures are subject to change annually. Effective March 10, 2009 COMMUNITY DEVELOP11 NT BLOCK GRANT (CDBG) - CON UNITY HOUSING REPAIR ANI R.EHABTI JTATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement (Agreement), is made this day of , 20_, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas 78664 ("CITY"), and ALL TEX BUILDING & RESTORATION, INC., P. O. Box 1988, Conroe, Texas 77305 ("CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant funds which may be spent by 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 non-interest bearing loan to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WEEREAS, CITY will pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of LOT 22, BLOCK A, SOUTH CREEK, SECTION THREE, a subdivision in Williamson County, Texas, According to the Map or Plat thereof recorded in Cabinet G, Slides 255, of the Plat Records of Williamson County, Texas, also known as 608 Firethorn Lan; 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, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR $12,830.00 ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 1.2 Payment will be made by CITY for all work described in the Work -Write Up Bid Document after all of such work is found to be satisfactorily completed and inspected by the Construction Advisor, as defined in the City of Round Rock Minor Home Repair Program Policies and Procedures, and the CITY Inspector. CITY will pay CONTRACTOR for work in accordance with CITY'S Prompt Payment Policy, as defined in the City of Round Rock 2009 Community Housing Repair and Rehabilitation Program Policies and Procedures. 176085.doc/jmr 13 CONTRAC'1OR will not deviate from the work described in the Work -Write Up Bid Document without a change order from CITY. Any such change order will be included in an amendment to this Agreement. The Contract Amount and any change orders shall not exceed a total amount equal to a twenty-five (25) percent increase in the original Contract Amount. 1.4 The Contract Amount and any approved change orders will not total more than the amount of $ 16,037.50. 1.5 All work specified in the Work -Write Up Bid Document will be satisfactorily completed within. ninety (90) days from the date of the Notice to Proceed. 1.6 Work -Write Up Bid Document line item deletions: None 1.7 CONTRACTOR will assign to the CITY all mechanic's lien notes and mechanic's lien contracts on the Property held by CONTRACTOR. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 2.1 CONTRACTOR will ensure that all work performed under this Agreement is permitted and inspected by CITY's Building Inspection Division. CONTRACTOR agrees to be duly licensed under Cfl Y ordinances and State laws and be responsible for obtaining the building pemdt. 2.2 CONTRACTOR understands that it is solely responsible for meeting the terms and conditions of this Agreement. If CONTRACTOR fails to properly perform or complete any of the work specified in the Work -Write Up Bid Document, CONTRACTOR will not receive funding for any work that is found to be improperly performed or incomplete. 2.3 CONTRACTOR understands that all work described. in the Work -Write Up Bid Document with the exception of line items deleted under Section 1.6 must be completed before any funds will be paid out, 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any funds will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2.6 CCN iRA CTOR agrees to complete the work within ninety (90) days from the date of the 2 Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR's control, CONTRACTOR will provide timely notice to CITY of the reasons for such delay. If such good cause is claimed by CONTRACTOR, it will be CONTRACTOR'S obligation to substantiate its claim by adequate documentation. 2.7 CONTRACTOR affirms that it has not been debarred from performing federal contract work. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 PERMITS AND CODES. CONTRACTOR agrees to secure and pay for all necessary permits and licenses required for CONTRACTOR'S performance and to adhere to applicable local codes and requirements whether or not covered by the Work -Write Up Bid Document, including any CONTRACTOR registration requirements. 3.2 DISCRIMINATION. CONTRACTOR will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the CONTRACTOR'S RACTOR'S activities while receiving federal financial assistance on the grounds of race, color, religion, sex, national origin, age or disability. 3.3 WARRANTY. CONTRACTOR agrees to provide a full one-year warranty to the homeowner, said warranty will extend to subsequent owners of the property to be improved. The warranty will provide that improvements, hardware, and fixtures of whatever kind or nature installed or constructed on said property by the CONTRACTOR are of good quality and free from defects in workmanship or materials or deficiencies subject to the warranty provided in this paragraph. CONTRACTOR and CITY agree, however, that the warranty set forth in this paragraph will apply only to such deficiencies and defects as to which homeowner or subsequent owners will have given written notice by certified mail to the CONTRACTOR, at its principal place of business, within one (I) year from the date of the final inspection and acceptance by the City Inspector that all work under the Agreement has been completed. 3.4 BID. CONTRACTOR acknowledges that it has prepared the CONTRACTOR'S Work - Write Up Bid Document, attached hereto and incorporated herein as Exhibit "A" and that such Bid is accurate and consistent as to the name of CONTRACTOR, scope of work that the CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3,5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3.6 SUBCONTRACTORS. CONTRACTOR agrees that all the warranties contained herein will apply to all work performed under this Agreement, including that performed by arty Subcontractors. 3 3.7 FRAUDULENT ACTS. CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, subcontractors or parties in interest has in bidder,way colluded, conspired, connived or agreed, directly or indirectly with any firm, or person to submit a collusive or sham bid �connectionrdg connectith on with this CTOR for which the bid has been submitted or to refrain Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or cammnnication or conference with anyother thebid bidder, firm, or erron to r bidder, o anyx y overhead, profit, or cost element of the bid pricpriceof any cement, r to secure through any collusion, conspiracy, connivance, or unlawful agr advantage against CITY or any person interested in this Agreement, anthe cepirac or prices quoted are fair and proper and are not tainted by any d, connivance or unlawful agreement on the part of CONTRACTOR or ;any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, �TEI+.P Q � PUBLIC OFFICIALS. O�g�ICIA.BODY,o MEMBERS OF LOCAL GOVERNING BODY, OR member, officer, or employee of CITY, or its desig, ees or agents, no member of the City Council, and no other public official of CITY during higher 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 correction with the program assisted under this Agreement 3.9 PROHIBITION OF BONUS OR COMMISSION. The assistance provided underthis 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. 3.14 STATUTE OF LIMITATIONS. As between the parties Agreement, of limitaas to tionsions acts or failures to act by either party to this Agreement, any applicable statute will commence to run and any alleged cause of action l beause deionedn i o haove should accrued have in any and all events when the party commencing said known of the existence of the subject act(s) or failure(s) to act. 3.11 INDEMNIFICATION. CONTRACTOR will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless costs, xpfrom d gains all suits, actions, legal proceedings, claims, demands, damages, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of CONTRACTOR, or ONTRACTOR'S agents, employees or subcontractors, in the performance of CONTRACTOR'Sherewill er r this Agreement, no matter how, or to whom, such loss may occur. Nothing deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any tlhird party who may be liable for an indemnified claim. 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Work -Write Up Bid Documentec�umer� CONTRACTOR and ce provided above lautliorized l be made unless in writing, mutually agreed by the by CITY. 4 3.13 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. 3.14 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 Red effect, and to this end the provisions of this Agreement are declared to be severable. 3.15 PUBLIC INFORMATION ACT. The CITY 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. 3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all local, state and federal laws. 3.17 LteN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner and CITY from any claims for unpaid work labor, or materials with respect to CONTRACTOR'S performance. Final payment will not be paid until the CONTRACTOR has delivered to CITY complete release of all liens for work completed arising out of CONTRACTORS performance or a receipt in full, covering all labor and materials for which a lien could be filed or a bond satisfactory to the homeowner and CITY indemnifying him against any lien. 3.18 REPORTING REQUIREMENT'S. CONTRACTOR agrees to submit a W9 Form, attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements with the Inteaual Revenue Service. ARTICLE 4 SUSPENSION AND TERMINATION 4,1 If CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the CONTRACTOR will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects. If CONTRACTOR fails to cure or correct the defects, CITY will have the right to terminate this Agreement and to select a substitute CONTRACTOR. If the expense of finishing the work exceeds the amount of this Agreement, CONTRACTOR will pay the difference to CITY. Should CONTRACTOR 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 CONTRACTOR the amount sought by HUD for reimbursement, up to the full amount of funds CONTRACTOR received _aunt CITY. 5 4.2 CONTRACTOR will not be relieved of the liability to C1'1°Y for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR. CITY may withhold payment to CONTRACTOR until the amount of monetary damages due CITY from CONTRACTOR is determined. 4.3 If CITY becomes aware of any CONTRACTOR 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 CONTRACTOR, 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 PAYMENTS 5.1 For work completed by CONTRACTOR, as described in the Work -Write Up Bid Document, CITY agrees to pay CONTRACTOR the Contract Amount after all of such work is found to be satisfactorily completed and is inspected by the Construction Advisor and CITY Inspector, in accordance with the CITY'S Prompt Payment Policy. ARTICLE 6 ATTORNEY'S FEES 6.1 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 7 VENUE Ar\D REMEDIES 7.1 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 8 SUCCESSORS AND ASSIGNS 8.1 CITY and CONTRACTOR, 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. Except for CONTRACTOR'S assignment of mechanic's lien contracts and mechanic's lien notes to the CITY pursuant to Paragraph 1.7, neither CITY nor CONTRACTOR will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 6 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9e1 This Agreement represents the entire and integratedagreement between CITY and CONTRACTOR for the work specified in Exhibit "A" and supersedes all prior negotiations, representations or arguments either written or oral. This Agreement may be amended only by written instrument signed by CITY and CONTRACTOR. 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) W9 Form (Exhibit "B"). This Agreement is effective as of the date first written above. CONTRACTOR: CITY: ALL TEX BUILDING & RESTORATION, INC. CITY OF ROUND ROCK 1 Name ere.-6:) Title 7 James R. Nuse, P.E., City Manager WorkWrite-Up and Bid Document/By Area Contractor Name Contractor Signature This document must be signed to be u valid bid. Bid Due Date: Rehabilitation 0 Work Description / Comments Trade: Thermal Protection c c OS CA 7 7 c C o U 0 Al 0 N 1 s- e 0 .- .- �y C SO Q r m m Blown fiberglass attic insulation R19 (8" deep) 0 -a O LLi 2 AS co ii C12. 3 Yc Cl) c aw c m a0 >. c F- r- O Q L [�j (0-a 1 TSa00 m L �C �O o x u CI c7 O m VF- uiF -O ti c o co:° 2 -c - =oZi 2ff a 0a alC�_am a J Vf m N �••� Cs. O Q .0 O (1) - 0 F— a▪ L.- .CIm O°0 m -c X4-4 C 3 3 J )• m < Vf = ci - "fmo a -y-' C X @ c0 g r O Q ^ m m "O m • go1-2 .733 goui O W U 0 a cccc @ N 0 _ F0 'ETV - F— >.4'O Trade: Plumbing EXHIBIT nAn 608 Fireghortm Thursday, May 21, 2009 OrT E8 a_ m ,74 a 0 Col kJ 0 • 0 0 0 Work Description f Comments Trade: Plumbing 0 0 r 0 m E t0 c Q 0 c as • m cu "CI ▪ as 0 a td 3 0, a m c 0 • a E50-5 c 0. 0 Y O ,.�.. Cr) i+ b T 125 E°i EE? 01 .0 D3 a 0 HALL BATHROOM. -m C Q N 0 Cto m '0 0 C 0 0 •a w • a 0 m c 0 N •tea C m m c w 0 0 Trade: Flooring §co s 0 EP3.c 0 ea "cs 01 '5 ick.'�- '5 i5 re N rd EO— 0 N 0 1111 fl1 } EO 0 0 co 0 L m E m o e6 0 0 to E0 -0 L E� U - 0 � C ..c;m c c D +-• (0 • E .0 6' tall tile bathtub surround N a. Q 0 co z 1-- W w ce w 0 -J z w co 0 z -J m� co J a 0 0 1- 0 0 w a. w 0 Trade: Flooring 3 2 ;0 w10 E cc L L Eli Q a..0 0 i co ® • 2 m m m 2 ; Q to i ' I 608 , 'irethern Thursday, May 21, 2009 8 Con Work Description I C`omrents Cr) Trade: Electrical 0 )— .c .6 m O al I- 0 • 3 O 7 o o • 0 a asCC ▪ U 0 0 o -c,•`` Z CY CO - 18.1 la J 0 Trade: Electrical 120 volt outlet with cover 0 0 0 U.. O 0 0 0. 2 Electrical outlets & switches w cc 0 u) u_ 0 1w J z !i) a 1— Y 2 0 0 cn J J Q 0 Lu c- d 0 U d ui A CO 120 volt outlet with cover 8i 4 � 0 BI m 0 O 2' 1. 0 • ` mss ad • 1 ✓ 'U o • j0 To in - o ��. 1Z O 0 w ; LL. 608 Firathorrs Thursday, May 21, 2009 1 PIN I c U -0 I Cco ELI 13 LLI 1 ILLI eil CV L 1 ut j a ; m � e ® f 1 Ce) 3i I ti V) ] . ! r els s_ .YC t V E . i = 1 o $ z1 of 1 o�I iW ° Qea f c� : CL 3E-uj -L c O 1-- i 0 1<1 ®• � i - 6.ICO .c wi m .0 _II .5° Q1 o �1 3 X: 0 �1 U CL 1 LEI L IQ1 G0 al d o1 '5 .CIWI15 ' m 03 2 11 a x NI v _C Q m E QI O Q VI -» y CL V}f W C > t D( �`1 a C4 ��1 o k cis o Q co 7• L• 0` o Q` za iy0t co c _ a FW-� C 711;1u) co ` WI to co coco m 1 _Ne c o >c01tIl m m i Work Description / Comments Trade: Electrical Trade: Electrical Smoke detector Smoke detector. Smoke detector replace, direct wired 0 W Trade: Electrical c! Carbon monoxide detector 3 7.0L 0 0 15, o n V rm+ 0 O O 13 -o o o O O O � co O ▪ vs O 0 Thunday, May 21, 2009 0 Ea0 Q � 0Lo p E Work Description / Comments Trade: Site Work v a Q . 0 Q. 1.0 113- 7 7 0 m > 0 iFs ay o 0 ✓ cn (.1) tL .J yr - w 0 0) H U- 1— <C - Q CO w Z g t I eL i W - t Q ! Z : u - • CV 10 .- 1< Trade: Site Work u- 0 c 0 c cL E E o gZ re ;v Io C CP W . w >- m E -a 0W1 ,_Cse o0_, 0 o I-01 +.. W it • m P CI0_ o. Fill.. n 1--- 0 0 LI- C 0 �LU ¢ • L ▪ > 1-cpi -11-1 CD m cu as co oil 0 (j W lit UJ LU F- r Trade: Carpentry Cedar board fence Cedar, 1" x 4" boards 1�1 11261 101 Q 101 ?w 1DI 0 1 Zi iw El1 W! 0 11 - mIU' • 10.. 'm 151 os E71 1ICiI 608 Firstborn Thursday, May 21, 2009 Siding. 2 coats ALL SIDING..INCLUDE NEW GARAGE DOORS, Trade: Paint & Finish 0 (1) t0 04 Trade: Paint & Finish 09 Paint exterior soffit Siding. 2 coats ui 0 z Er! 0 0 0 z 1— LLLI0 to 608 Firethorn Thursday, May 21, 2009 r aS v 00 0@ C O •p m Ts r LX l tu co a = m� to O �. al C iV � m? 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Name (as shown on your income tax return) Business name, If dlifenent from above All -Tex Building & Restoration Inc Check appropriate Corporation ID Partnership ❑ Other ® Exempt backup individual/b►j ❑ from withholding box Sole proprietor Address (number, street, and apt. or suite no.) PO Box Requester's name and address (optional) City, state, and ZIP code Conroe Texas 77305 List account numbers) hers (optional) Part. 1. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The 11N provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (E1N). If you do not have a number, see How to get a TIN on page 3. Note. if the account is in more than one name, see the chart an page 4 for guidelines on whose number to enter. Certification Social security number 1IL-1+111 or Employer identification number 2la-1-1161613101110 Under penalties of perjury, i certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) r Sign Here Signature of U.S. person ( - Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TiN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you Date ® 1 / 5! V 5 Er An individual who Is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or o Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay The withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, EXHIBIT Fans W-9 (Rev. 11-2005) Farm W-9 (Rev. 11-2005) ?aged The U.S. grantor or other owner of a grantor trust and not the trust, and The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust Foreign person. if you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article_ Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments (after December 31, 2002). This is called "backup withholding." Payments that may be subject to backup withholding Include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax retum. Payments you receive will be subject to backup withholding it 1_ You do not furnish your 11N to the requester, 2_ You do not certify your TIN when required (see the Part 11 instructions on page 4 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do riot certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules regarding partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. if you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty_ Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your Income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new Last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" narne on the "Business name" line. Limited liability company (LLC). If you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Check the appropriate box for your filing status (sole proprietor, corporation, etc.), then check the box for "Other" and enter "LLC" in the space provided. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA narne on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt From Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box In the line following the business name, sign and date the form. Farm W-9 (Rev. 11-2005) Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 4010)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions and patronage dividends Exempt recipients 1 through 5 Payments over $600 required to be reported and direct sales over $5.000 Generally, exempt recipients 1 through 7- See Form 1099-MISC, Miscellaneous income, and its Instructions. 21-lowever, the following payments made to a corporation (rncrudrng gross proceeds paid to an attorney under section 6045(t), even if the attorney is a corporation) and reportable on Form 1089-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a federal executive agency. Page 3 Part 1. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number TIN). Enter it in the social security number box. if you do not have an }TIN, see How to get a TIN below. If you are a sole proprietor and you have an EiN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or E)N, if you have one). If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TiN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurity.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for iRS individual Taxpayer Identification Number, to apply for an 111N, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Form W-9 (Rev. 11-2005) Part Ii, Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TiN is shown in Part 1 should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bilis for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). a. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer !VISA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester Page 4 For this type of account Give name and SSN of: 1. individual 2. Two or more Individuals cjofnt account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that Is not a legal or valid trust under state law 5. Sole proprietorship or single -owner LLC The individual The actual owner of the account or, if combined funds, the first individual on the account 1 The minor 2 The grantor -trustee' The actual owner' The owner' For this type of account Give name and MN of: 6. Sole proprietorship or single -owner LLC 7. A valid trust, estate, or pension trust 8. Corporate or LLC electing corporate status on Form 8832 9. Association, club, religious, charitable, educational, or other tax-exempt organization 10. Partnership or multi -member LLC 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The owner 3 Legal entity 4 The corporation The organization The partnership The broker or nominee The public entity 'List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN, 'You must show your individual name and you may also enter your business or "DHA" name on the second name line. You may use either your SSN or MN (if you have one). If you are a sole proprietor, IRS encourages you to use your SSN. List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TiN of the personal representative or trustee unless the legal entity Itself fs not designated in the account title.) Also see Special rules regarang parfnershlps an page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TiN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. REAL ESTATE LIEN NOTE (Community Housing Repair and Rehabilitation Program) Date: 34t UCt y 7 , 201© Maker (whether one or more): Herman E. Shields and Callie J. Shields, husband and wife Maker's Mailing Address (including county): 608 Firethorn Lane Round Rock, Texas 78664 Payee: CITY OF ROUND ROCK, TEXAS 1. Place for Payment (including county): CITY OF ROUND ROCK Attn: Home Repair and Rehabilitation Program Manager 221 East Main Street Round Rock, Texas 78664 Williamson County or any other place that Payee may designate in writing. 2. Principal Amount: SIXTEEN THOUSAND THIRTY SEVEN DOLLARS AND 50/100 ($16,037.50) In the event that actual costs associated with the repair and rehabilitation of the Property are less than the aforesaid Principal Amount, Maker shall be credited the difference between the Principal Amount and the actual costs. 3. Annual Interest Rate on Unpaid Principal from Date: The highest interest rate allowed by law will be charged on this Note if a Default has been declared by the Note Holder as stated in Paragraph 12 of this Note. 4. Maker's Promise to Pay a. Purpose This Note implements requirements applicable to assistance furnished by Payee to Maker under a program to help eligible families with home repairs and rehabilitation being carried out by Payee, which, for certain loans may use grant funds furnished by HUD through the CDBG program. The Payee has assisted the Maker with respect to rehabilitation of the Property, for use as the Maker's principal residence. EXHIBIT 176080.doc/jmr b. Promise to Pay Maker promises to Pay to the order of Payee at the place for payment and d aaccording to the terms of payment the principal amount plus interest, if any, plus charges at the rates stated above. 5. Terms of Payment: has received a. Subsid Re • a ment Obli ation Princi • al In ret�rn�fe r assistance promises to payr the Principal with respect to rehabilitation of the Property, p Amount as stated in Paragraph 2 to the order °Principal Pri P pa nAmount der this Note will be initially deferred. Such deferral shall end and the total shall be due and payable on the date of an event of Default as stated in Paragraph 9. b. Deferral and Payment of Princi al The outstanding principal balance from Note dshall remain the same as the amount stated in Paragraph 2 until five (5) yearsbelow, te of this Note. If there is a Deferral Termination Event, as defined in paragraph (c) within the five (5) years from the date of this Note, Maker shall repay the principal loan amount to Payee. If there is no Deferral Termination Event within five (5) years from the date of this Note, the loan shall be forgiven. c. Deferral Termination Event Any of the following constitute a Deferral Termination Event: i. Rental during term of Note. If the Maker rents termof this Noteleases ,thedeferral period ing an oral lease) the Property to any person or entity during stated above is terminated. ii. Failure to Occupy Property as Principal he P ope�yrfog a period of more than the term of the Note. If all Makers are continuously absent thirty (30) days, or move substantially all their personal possessions out of the Property, without the written consent of the Note Holder, esidenc Residence deferralrs shall be dpe od d not to be occupying the Property as their Principal stated above is terminated. iii. Any Transfer of the Property. Any transfer of the Property or any interest therein (including a beneficial interest) within five (5) years of the signing of this Note terminates the deferral period under this Note. Maker authorizes the Note Holder to determine, in its sole discretion, whether a transfer of a portion of the Property, or a partial interest therein, or any other reason has an effect on the value of the Note Holder's interest substantial enough to be considered a transfer for purposes of this Paragraph 9. Maker will mail, certified ale contract to the Note receipt requested, °Holder at r deliver notice of any proposed transfer andcopy of the s least fourteen (14) calendar days before the proposed Closing Date, at the Place for Payment as stated in Paragraph 1 or any other place that Payee may designate in writing. Exceptions to this provision are limited to (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation 2 r of a purchase -money security interest for household appliances (c) tray stfeab devise, ouse e, descent, or operation of law on the death of a co o(d) rative of Grantor on or children of Grantor or between co -Grantors; (e) transfer to Grantor's death; and (f) transfer to an inter vivos trust in which Grantor is and remains a beneficiary and occupant of the Property. 6. Security for Payment and Obligations: a. In addition to the protections given to the Note Holder under this Note, this Note is ets secured by a subordinated deed of trust, of date, from belowMer to in trust S(colle tively,e the Trustee, that conveys the Property as described "Subordinate Security Instrument"). btedness b. The lien securing this Note shall remain subordinate ts as defineed below,ewhi h Notes videnced by one or more Notes payable to the Financial Iitution are secured by the Senior Liens as defined provided,low, and howevers edthat the renewal, extension, re - amortized, or otherwise adjusted from time time; extension, or other credit extension does not constitute an increase in the unpaid principal balance of the Financial Institutions indebtedness. ay c. The Subordinate Security Instrument describes the all amounts Maker owes under thions under which Maker s1Nobe. e required to make immediate payment in full of of the Property or any One of those conditions set forth therein is that if all or any partp Y interest in it (including a beneficial interest) Sesudrit rInstrtransferred , the Note Holder will with the terms of this Note and the Subordinate Y require immediate payment in full of all sums secured by the Subordinate Security e event of any other Default under this Instrument. In the event of such a sale, or in Note or the Subordinate Security Instrument, the Note Holder may give the Maker Notice of Default and acceleration under Paragraph 9 of this Note. 7. Additional Definitions: a. "Bona Fide Net Resale Proceeds" means amount lated by the and the proposed buyer for te Holder by subtracting from the contract sales price between the Maker the Property the amounts due on the Closing Date on any "Senior Liens" and on "Maker's Other Liens", and also subtracting the amount of any reasonable and customary sales expenses paid by the Maker in connection with the sale, each as determined by the Note Holder. If any part of the contract sales price for the Property is paid in the form of a promissory Note, or any thing horized to assign a fair market value an lawful money of the United States, the Note Holder is hereby thereto. Maker agrees to accept such thing of value at such assigned fair market value as part of maker's equity, or to allow it to be retained by the Note Holder as Alternate Principal, as the Note Holder in its sole discretion may determine. 3 b. "Closing Date" means the date of closing of Maker's sale of the Property to a buyer, or if there is no formal closing, the date on which the conveyance (deed) is recorded. c. "Home Repair and Rehabilitation Payment Activity" means any loan made by Payee using either CDBG funds or other funds to assist a Homeowner with payment funds for minor repairs on a home. d. "Financial Institution(s)" means Washington Mutual Bank, F.A. e. "CDBG" means Community Development Block Grant program. f. "HUD " means the United States Department of Housing and Urban Development. "Maker's Other Liens" means unpaid liens or other charges that Maker authorized, or allowed to exist against the Property since the date of this Note. Such liens may include, for example, liens for money borrowed to finance additional improvements, home equity lines of credit, and other voluntary liens, liens for unpaid taxes, special assessments, water, sewer, and other utility charges, mechanics' liens, and other liens and charges arising by operation of law; and judgment or other creditor's liens, any of which may affect the amount of the sales proceeds, Maker hereby authorizes Note Holder to determine, in Note Holder's sole discretion, the amount by which these liens or charges reduce the Bond Fide Net Resale Proceeds for the Property, and to reduce the amount payable to Maker as maker's equity by an equal amount. h. "Note Holder" means the lender of any authorized party who takes this Note by assignment and is entitled to receive amounts due under this Note. i. "Property" means the certain real property described on Exhibit "A" attached to this Note and by this reference incorporated in it. "Senior Lien Note(s)" means the Note(s) in the original principal amount of $92,000.00 dated the 10th day of July, 2003, executed by Maker, payable to the order of Financial Institutions, and fully described in the Senior Liens. k. "Senior Lien(s)" means a deed of trust(s) recorded in the real property records of Williamson County, Texas as Document No.2003067401 securing the Senior Lien Note(s). 1. "Subordinate Security Instrument" means the instruments identified in Paragraph 6.a. g. J• 8. Maker's Right to Prepay Maker may make a full prepayment or partial prepayments without paying any prepayment or interest charge. In the event of prepayment, the Note Holder will use all of Maker's prepayments to reduce the amount of Principal that Maker owes under this Note. 4 9. Default a. Events of Default Any of the following events shall constitute as of the date of the Notice of Default under Paragraph 10: i. The Property or Maker is not Eligible under CDBG. under this Note, if: a Default under this Note, The Maker is in default (1) at the time the Note was signed by Maker, the Property: (a) did not become the principal residence of the Maker; or (b) was in an area identified by the Federal Emergency Management Agency as having a special flood hazard, or, if the Property is in a flood hazard area, flood insurance had not been obtained by Maker; (2) at the time Maker purchased the Property, the Maker's household was not a low- income family as stated at 24 CFR §92.217 at the later of (a) Maker's occupancy of the Property, or (b) at the time the Principal is advanced; or at the time Maker purchased the Property, any employee, agent, consultant, officer, or elected or appointed official who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDGB funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, has obtained a financial interest or benefit from a Home Repair and Rehabilitation Payment Activity, or has an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter as stated at the conflict of interest provisions of 24 C.F.R. §92.356. ii. Any Default under the Note or the Subordinate Security Instrument: (1) If there is an uncured default in payment of any part of principal or interest of the Financial Institutions' $92,000.00 Note or in observance of any obligations or covenants of any instruments securing them, the debt evidenced by this Note shall immediately become payable at the option of Payee at the end of the cure period. (2) If Maker defaults in the payment of this Note or in the performance of any obligation in any instrument securing or collateral to it, and the default continues after Payee gives Maker notice of the default and the time within which it must be cured by Maker, as may be required by law or by written agreement, then Payee may declare the unpaid principal balance and earned interest on this Note immediately due. (3) 5 (3) If Maker fails to perform any of Maker's obligations in this Note or in the instruments securing it, Payee may perform those obligations and be reimbursed by Maker, on demand, at the place where this Note is payable for any amounts so paid, including attorney's fees, plus interest on those amounts from the date of payment at the annual interest rate on the matured, unpaid amount. The amount to be reimbursed shall be secured by all instruments securing this Note. iii. Any Refinancing of the Senior Lien Notes. If either the Senior Lien Notes are refinanced or the Maker's equity interest in the property pursuant to Art. 16 § 50(a)(6) of the Texas Constitution is financed and the refinancing or financing is without Payee's prior written approval, the outstanding principal balance and accrued interest if any, of this Note shall be due and payable as described in Paragraph 5. iv. Maker's Fraud or Misrepresentation. Any willful misstatement of, or failure to disclose, a material fact by Maker relating to his or her eligibility for assistance with respect to the Property under the Home Repair and Rehabilitation program under the CDBG program is a Default under this Paragraph. Recovery against the Maker responsible for the fraud or misrepresentation is not limited to the proceeds of sale of the Property, but may include personal judgment and execution thereon to the full extent authorized by law. Maker represents that all statements contained in the Application for this loan with the City of Round Rock are true and correct. b. Notice of Default and Amount Due If Maker is in Default, the Note Holder may send Maker a written notice stating the reason Maker is in Default and telling Maker to pay immediately: (i) the full amount of Principal then due on this Note, (ii) all of the interest that Maker owes, and that will accrue until paid, on that amount, and (iii) all of the Note Holder's costs and expenses reimbursable under Paragraph 9.c. c. Payment of Note Holder's Costs and Expenses If the Note Holder has notified Maker to pay immediately in full under Paragraph 10 and this Note or any instrument securing or collateral to it is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through probate, bankruptcy, or other judicial proceeding, then Note Holder has the right to be repaid from the proceeds of foreclosure for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, all costs of collection and enforcement, including reasonable attorney's fees and court costs, in addition to other amounts due. Reasonable attorney's fees shall be 10% of all amounts due unless either party pleads otherwise. d. No Waiver By Note Holder Even if, at a time when Maker is in Default, the Note Holder does not require Maker to pay immediately in full under Paragraph 10, the Note Holder will still have the right to do so if Maker is in Default for the same reason, or for another reason, at a later time. 6 10. Giving of Notices Unless applicable law requires a different method, any notice that must be given to Maker under this Note will be given by delivering it or by mailing it by first class mail to Maker at the Property Address above, or at a different address if Maker gives the Note Holder a notice of Maker's different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the Place for Payment stated in Paragraph 1, or at a different address, if Maker is given a notice of that different address. 11. Obligations of Persons under this Note If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed from the proceeds of sale of the Property. Any person who is a guarantor, surety or endorser of the Note is also obligated to the same extent. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of the persons signing the Note together. 12. Maximum Interest on the Debt Interest on the debt evidenced by this Note shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 13. Waivers Maker and any person who has obligations under this Note waive all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, protests, notices of protest, the rights of presentment, and notice of dishonor to the extent not prohibited by applicable law "Presentment" means Maker's right to require the Note Holder formally to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 7 14. Release and Satisfaction This Note shall be deemed satisfied and Maker shall be entitled to a release of the Subordinate Security Instrument upon payment of a reasonable fee, as determined by the Note Holder, for preparation and recordation of the release upon forgiveness of the loan, or repayment of the principal loan amount under Paragraph 5, upon full prepayment under Paragraph 8, upon payment of all amounts due upon Default under Paragraph 9, or upon recordation of a deed -in -lieu of foreclosure. 15. Governing Law To the extent not inconsistent therewith, this Note and the Subordinate Security Instrument shall be governed by the law of the State and local jurisdiction in which the Property is located. Each Maker is responsible for all obligations represented by this Note. When the context requires singular nouns and pronouns include the plural. EXECUTED AND DELIVERED as of the day and year first above written. erman E. Shields a he J. ‚/4 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 7M day of \Idin(/C�i"y, 20 10 by Herman E. Shields. ✓ eRaAn s i.{1i•li iii ./,k a`� ? 0/1144.‹Notary Pu. lie, State of :• • sjgT� OF�QS • %/j Ni t O �t<<�"�\� 11 8 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 20 JO by Callie J. Shields. \°°`Q,ARIT4 g...... . ",.. 0 PAY pG� `,o�,a • 1 e� ,r o N�fi: . Notary 5 e e4OFjE'f�Q' o ,s,:- 4, • PLEASE RETURN TO�`6'i 0s 1111 !!w!°°°°°\46® day of _1. • Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 ublic, State of Texas EXHIBIT "A" (Legal Description of Property) The Property (including any improvements) referred to in this agreement is described as follows: LOT 22, BLOCK A, SOUTH CREEK, SECTION THREE, a subdivision in Williamson County, Texas, According to the Map or Plat thereof recorded in Cabinet G, Slides 255, of the Plat Records of Williamson County, Texas 10 DEED OF TRUST (Community Housing Repair and Rehabilitation Program) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: , 20_ Grantor (whether one or more): Herman E. Shields and Callie J. Shields, husband and wife. Grantor's Mailing Address (including county): 608 Firethorn Lane Round Rock, Texas 78664 Williamson County Trustee: Stephan L. Sheets Trustee's Mailing Address (including county): Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 Williamson County Beneficiary: City of Round Rock, Texas, a Texas home -rule municipality Beneficiary's Mailing Address (including county): City of Round Rock Attn: Home Repair and Rehabilitation Program Manager 221 East Main Round Rock, Texas 78664 Williamson County Note(s) Date: , 20__ Amount: $16,037.50 176081.doc/jmr Maker (whether one or more): Herman E. Shields and Callie J. Shields, a married couple Payee: CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipality Final Maturity Date: As provided in the Note. Terms of Payment (optional): As provided in the Note. Property (including any improvements): The certain real property more particularly described on Exhibit "A" attached to this Deed of Trust and by this reference incorporated in it, all fixtures and improvements situated thereon and all rights, titles and interests appurtenant thereto. Prior Lien(s) (including recording information): The liens securing another note in the original principal amount of $92,000.00, filed the 17th day of July, 2003 executed by Grantor, payable to the order of Washington Mutual Bank, F.A., ("Financial Institution"), including without limitation the liens evidenced by that certain deed of trust and security agreement, of even date, executed by Grantor in favor of Financial Institution and recorded in the real property records of Williamson County, Texas. Other Exceptions to Conveyance and Warranty: 1. Note dated of even date herewith, between Grantor and Beneficiary (the "Note"). All obligations and covenants in the Note shall terminate on the date Beneficiary, in its sole discretion, issues a release of all present and future rights to establish or enforce the Deed of Trust lien that secures the Note. The release shall be in such form as to enable it to be recorded in the real property records of Williamson County, Texas; and 2. Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments that affect the Property; taxes for 2009, the payment of which Grantor assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantor assumes. For value received and to secure payment of the Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property. If Grantor performs all the obligations and covenants in the Note and pays the Note according to its terms, this Deed of Trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. 2 Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property when due; 3. preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, if applicable in a form acceptable to Beneficiary, an insurance policy that: a. provides flood insurance at any time the Property is in a flood hazard area; and b. contains such other coverage as Beneficiary may reasonably require; 5. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration; 6. keep any buildings occupied as required by the insurance policy; 7. if this is not a first lien, pay all prior lien notes that Grantor is personally able to pay and abide by all prior lien instruments; 8. if all or any part of the Property or an interest in it (including a beneficial interest) is sold or transferred without compliance with the terms of the Note and this Deed of Trust, immediately pay in full to Beneficiary all sums secured by this Deed of Trust; and 9. comply at all times with the terms, representations, and conditions of the Note. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of the Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. 3. If applicable, Beneficiary may apply any proceeds received under the insurance policy either to reduce the Note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the 3 Note is payable for any sums so paid, including attorney's fees, plus interest on those sums from the dates of payment at the rate stated in the Note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this Deed of Trust. 5. If Grantor defaults on the Note, or if Grantor fails to perform any of Grantor's obligations, or if all or any part of the Property or an interest in it (including a beneficial interest) is sold or transferred without compliance with the terms of the Note and this Deed of Trust, or if default occurs on a prior lien note or other instrument, and the default continues after Beneficiary gives Grantor notice of the default and the time within which it must be cured, as may be required by law or by written agreement, then Beneficiary may: a. declare the unpaid principal balance and carried interest on the Note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended; and c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on the Note. 6. If the Grantor defaults on the Note or fails to perform any of Grantor's obligations under this Deed of Trust, the Beneficiary shall provide the Financial Institution, a prior lienholder, with copies of all correspondence transmitted to Grantor regarding the default or notice of acceleration. Trustee's Duties If requested by Beneficiary to foreclose this lien, Trustee shall: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended; 2. sell and convey all or part of the Property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty; 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a commission to Trustee of five (5) percent of the bid; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance; and 4 4. if the prior lien has not been released, give written notice to Financial Institution that Grantor is in default under this Deed of Trust and a copy of the notice of foreclosure sale given Grantor. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. If Grantor transfers any part of the Property without Trustee's prior written consent, Trustee may declare the Note secured by this Deed of Trust immediately payable and invoke any remedies provided in this Deed of Trust for default. If the Property is residential real property containing fewer than five dwelling units or a residential manufactured home occupied by Grantor, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co -Grantor; (d) transfer to a spouse or children of Grantor or between co -Grantors; (e) transfer to a relative of Grantor on Grantor's death; and (f) transfer to an inter vivos trust in which Grantor is an remains a beneficiary and occupant of the Property. 3. Recitals in any Trustee's deed conveying the Property will be presumed to be true. 4. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 5. This lien shall remain superior to liens later created even if the time of payment of all or part of the Note is extended or part of the Property is released. 6. If any portion of the Note cannot be lawfully secured by this Deed of Trust, payments shall be applied first to discharge that portion. 7. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the Note. Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any such sums. 8. Following the maturity of the above described Financial Institution loan, Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the Property. Prior to such maturity Borrower's rights shall not arise under this paragraph 8. Leases are not assigned. Grantor warrants the validity and enforceability of the assignment. Grantor may as 5 Beneficiary's licensee collect rent and other income and receipts as long as Grantor is not in default under the Note or this Deed of Trust. Grantor will apply all rent and other income and receipts to payment of the Note and performance of this Deed of Trust, but if the rent and other income and receipts exceed the amount due under the Note and Deed of Trust, Grantor may retain the excess. If Grantor defaults in payment of the Note or performance of this Deed of Trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the Property if it is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the Property. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph 8 without taking possession of the Property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph 8 first to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the Note and this Deed of Trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph 8, and acting under this paragraph 8 does not waive any of Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 9. Interest on the debt secured by this Deed of Trust shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 10: Grantor represents that this Deed of Trust and the Note are given as security for money provided for home repairs on the Property. 11. Except where otherwise required or permitted by the Beneficiary in connection with a transfer on death, divorce, legal separation, or legal incapacity of a Grantor as provided in the Note, the Note and this Deed of Trust may not be assumed. 12. If Grantor fails to pay any part of principal or interest secured by a prior lien or liens on the Property when it becomes payable or defaults on any prior lien instrument, the debt secured by this Deed of Trust shall immediately become payable at the option of Beneficiary. 13. Beneficiary and Grantor acknowledge and agree that this Deed of Trust is subject and subordinate in all respects to the liens, terms, covenants and conditions of the prior lien and to all advances heretofore made or which may hereafter be made pursuant to the prior lien, including all sums advanced for the purpose of (a) protecting or further securing the lien of the prior lien or (b) constructing, renovating, repairing, 6 furnishing, fixturing or equipping the Property. The terms and provisions of the prior lien are paramount and controlling, and they supersede any other terms and provisions of this Deed of Trust in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the prior lien, any provisions herein or any provision in any collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Grantor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Grantor or a person or entity related to the Grantor), receiving title to the Property through foreclosure or deed in lieu of foreclosure of the prior lien shall receive title to the Property free and clear from such restrictions. Further, if the Financial Institution acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automatically terminate upon the Financial Institution's acquisition of title, provided that (i) the Beneficiary has been given written notice of a default under the prior lien and (ii) the Beneficiary (or another party acting on its behalf) shall not have cured the default under the prior lien, or diligently pursued curing the default as determined by the Financial Institution, within the sixty-day period provided in such notice sent to the Beneficiary. 14. To the extent not inconsistent therewith, this Deed of Trust and the Note shall be governed by the laws of Texas and the local jurisdiction in which the Property is located. 15. When the context requires, singular nouns and pronouns include the plural. 16. The term "Note" includes all sums secured by this Deed of Trust. 17. This Deed of Trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. 18. If Grantor and Maker are not the same person, the term "Grantor" shall include Maker. EXECUTED AND DELIVERED as of the date first above written. (Signatures on the following page.) 7 GRANTOR: 424,,,Lr ._54efre erman E. Shields GRANTOR: Callie J. Shiel ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 20 I b by Herman E. Shields \`I1i11111lI I OlOd�p��° o e r . e Bio ° �T9FXPlR , e v\v0 fo ,. 0�°ij„ rP �616i01 q��* ACKNOWLEDGMENT day of I Notary Public, State 6T -texas STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of 20L0 by Callie J. Shields. ,`1111111l01ildiP/° ate` QQa.��,P•`1 P4 pF�`�i ° •i co °•°9EOF�S. \o .;)(PIRO . ,,°°Psi°°/00101, :6:2! 11�� PLEASE RETURN TO: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 8 Notary ' ublic, State of EXHIBIT "A" (Legal Description of Property) The Property (including any improvements) referred to in this agreement is described as follows: LOT 22, BLOCK A, SOUTH CREEK, SECTION THREE, a subdivision in Williamson County, Texas, According to the Map or Plat thereof recorded in Cabinet G, Slides 255, of the Plat Records of Williamson County, Texas 9 DATE: January 15, 2010 SUBJECT: City Manager Staff Meeting - January 22, 2010 ITEM: Consider execution of Community Development Block Grant Community Housing Repair and Rehabilitation Homeowner Agreement and Contractor Agreement for 608 Firethorn Lane. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Elizabeth Alvarado, Community Development Coordinator Justification: This property requires upgrades and repairs to bring it up to minimum code standards. The Contractor will be paid directly by the City of Round Rock from CDBG-R HUD Entitlement Funds. The major work to be done on this property includes weatherization, plumbing, electrical and exterior improvements. Strategic Plan Relevance: N/A Funding: Cost: $12,830.00 Source of funds: CDBG-R 2009 Funds Outside Resources (if applicable): N/A Public Comment (if applicable): N/A UPDATED APRIL 2008 10 19 09 Request for City Council/City Manager Action City Council IID City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Planning and Community Development Contact Person: Veronica Chandler / Vickie Moreno Project Mgr/Resource: Elizabeth Alvarado Project Coordinator: Jim Stendebach Assigned Attorney: Steve Sheets City Council or City Manager Approval Date: Agenda Wording vF1 For A n .i t c r l st )NLY J r 4 % jJ Received. �i C1 O`� Tag#: ��/L-,0' L 02_2- Original Documents Received: Project Name: CDBG Repair Agreement for 608 Firethorn ContractorNendor: N/A Funding Source: CDBG HUD Entitlement Grants Additional funding Source: Amount: $12,830.00 Account Number: N/A City Manager - January 22, 2010 Consider execution of Community Development Block Grant Community Housing Repair and Rehabilitation Homeowner Agreement and Contractor Agreement for 608 Firethorn Lane. Finance Information Is Funding Required? Initial Construction contract Construction Contract Amendment Change Order JChange in Quantity India) Professional Services Agreement Supplemental Professional Service Agreement PurchasinglService Agreement Purchase Order Item(s) to be purchased Yes ,O No Ell Unforeseen Circumstances Other (Please clearly identify action below) CDBG-R HUD Entitlement Funds. Amount $12,830.00 R • uired for Submission of ALL 1 Cou cil and Ci Mana• er Items Project Mgr. Signature. Dept. Director Signature: *City Attorney Signatu City Manager Signature: Date: *City Attorney signature is required for all items. REVISED 1/15/2010 10.19.09 Request for City Council/City Manager Action City Council City Manager Submit completed form for all City Manager and City Council approvals. For Administration Use ONLY Received: Tag #: Original Documents Received: Department Name: Planning and Community Development Project Name: CDBG Repair Agreement for 608 Firethorn Contact Person: Veronica Chandler / Vickie Moreno Project Mgr/Resource: Elizabeth Alvarado Project Coordinator: Jim Stendebach Assigned Attorney: Steve Sheets City Council or City Manager Approval Date: Agenda Wording ContractorNendor: N/A Funding Source: CDBG HUD Entitlement Grants Additional funding Source: Amount: $12,830.00 Account Number: N/A City Manager - January 22, 2010 Consider execution of Community Development Block Grant Community Housing Repair and Rehabilitation Homeowner Agreement and Contractor Agreement for 608 Firethorn Lane. Finance Information Is Funding Required? Yes No Initial Construction Contract Construction Contract Amendment n Change Order =Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action below) CDBG-R HUD Entitlement Funds. Amount $12,830.00 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Date: Dept. Director Signature: Date: *City Attorney Signature: Date: City Manager Signature: Date: *City Attorney signature is required for all items. REVISED 1/20/2010 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning Protect Name: CABG Repair Agreements for 608 Firethorn Project Mgr/Resource: Jim Stendebach/Elizabeth Alvarado ContractorNendor: []Council Action: 0 ORDINANCE Agenda Wording RESOLUTION City Manager Approval CMA Wording Consider execution of Community Development Block Grant Community Housing Repair and Rehabilitation Homeowner Agreement and Contractor Agreement for 608 Firethorn Lane. Attorney Approval QAttorney Notes/Comments Date 0: lvrdoxlSCCInts1017911000 MISC100180605 Updated 6/3/08