AFFIDAVIT OF COMMENCEMENT STATE OF TEXAS § COUNTY …

HRP_Affidavit of Commencement Page 1 of 2 Monday, February 27, 2017

AFFIDAVIT OF COMMENCEMENT

STATE OF TEXAS §

COUNTY OF HARRIS §

HRP PROJECT NO./NAME:

______________________________________________

HOMEOWNER (including address):

______________________________________________

______________________________________________

______________________________________________

CONTRACTOR (including address):

______________________________________________

______________________________________________

______________________________________________

LEGAL DESCRIPTION OF PROPERTY:

______________________________________________________________________________

______________________________________________________________________________

(the “Property”).

The undersigned, under oath, swears the following information is true:

1. Date of Commencement of Construction. Construction of the improvements on

the Property commenced on __________________ _____, 20____.

2. Liability for False Statements. Contractor will be liable to persons relying on this

Affidavit for all damages, attorney’s fees, and other expenses incurred because of

any false statement contained in this Affidavit.

HRP_Affidavit of Commencement Page 2 of 2 Monday, February 27, 2017

CONTRACTOR:

__________________________________________

By: _____________________________ By: ________________________________

Name: ___________________________ Name: ______________________________

Title: ___________________________ Title: ______________________________

STATE OF TEXAS §

§

COUNTY OF ______________________ §

Sworn to and subscribed before me on the _____ day of ____________________, 20___,

by ____________________________, ___________________________ of ________________.

__________________________________________

Notary Public in and for the State of Texas

CONTRACTORS FINAL Payment Notice

RELEASE OF LIENS AND WARRANTY

To: Harris County From:

8410 Lantern Point

Houston, TX

Project: Harris County Community Services Department 8140 Lantern Point Houston, Texas 77054 KNOW ALL MEN BY THESE PRESENTS 1. The undersigned Contractor hereby claims that there is due and payable by the Owner, a balance

of $ , which will represent full payment for all work performed under the terms of the Rehabilitation Contract (“Contract”) dated , and any subsequently approved Change Orders.

2. The Contractor certifies that all work required under the Contract has been performed in

accordance with the terms thereof and that there are no unpaid claims of laborers or mechanics for unpaid wages or any unpaid claims for materials, supplies, or other services arising out of the performance of the Contract.

3. That in consideration for the payment of the amount stated in paragraph one (1) hereof, the

Contractor hereby releases the Owner, Harris County Community Services Department, the County of Harris, Texas, and the U.S. Department of Housing and Urban Development from any and all claims arising under or by virtue of the Contract.

4. For major rehabilitation (repairs), the Contractor hereby guarantees to correct any work that fails

to conform to the Contract Documents and agrees to correct such defects due to faulty materials, equipment, or workmanship of the entire home, which appear during the progress of the work or within a period of one (1) year or for new construction or a replacement home, the same Guarantees and Warranties will apply with the following terms: one (1) year for the entire home, two (2) years for mechanical, electrical and plumbing components, and ten (10) years on structural components from the date of final acceptance of the work or such longer periods of time as may be specified by law or by the terms of any special guarantees required by the Contract Documents.

IN WITNESS WHEREOF, the Contractor has signed this instrument this day of , 2017. Contractor Subscribed and sworn before me this day of Notary Public in and for Harris County, Texas

CONTRACTORS PARTIAL PAYMENT NOTICE


To: Harris County From:

8410 Lantern Point

Houston, TX

Project: Harris County Community Services Department 8140 Lantern Point Houston, Texas 77054 KNOW ALL MEN BY THESE PRESENTS 1. The undersigned Contractor hereby claims that there is due and payable by the Owner, a balance

of $ , which will represent full payment for all work performed under the terms of the Rehabilitation Contract (“Contract”) dated , and any subsequently approved Change Orders.

2. The Contractor certifies that all work required under the Contract has been performed in

accordance with the terms thereof and that there are no unpaid claims of laborers or mechanics for unpaid wages or any unpaid claims for materials, supplies, or other services arising out of the performance of the Contract.

3. That in consideration for the payment of the amount stated in paragraph one (1) hereof, the


4. For major rehabilitation (repairs), the Contractor hereby guarantees to correct any work that fails

to conform to the Contract Documents and agrees to correct such defects due to faulty materials, equipment, or workmanship of the entire home, which appear during the progress of the work or within a period of one (1) year for new construction or a replacement home, the same Guarantees and Warranties will apply with the following terms: one (1) year for the entire home, two (2) years for mechanical, electrical and plumbing components, and ten (10) years on structural components from the date of final acceptance of the work or such longer periods of time as may be specified by law or by the terms of any special guarantees required by the Contract Documents.

IN WITNESS WHEREOF, the Contractor has signed this instrument this day of , 2017. Contractor Subscribed and sworn before me this day of Notary Public in and for Harris County, Texas

H. 8m.

TO:

FROM: Direct Services

DATE: September 16, 2015

RE: Homeowner(s)

FOLIO : XXXX-2015-0024 CDBG

You are hereby notified to proceed with the work of minor rehabilitating/major rehabilitating/reconstructing

my home located at address and zip code: pursuant to the terms and conditions of the owner-contractor

agreement, which will be executed at the Pre-Construction Conference.

Your attention is called to the fact that work shall commence within ten (10) calendar days from the date of

the Pre-Construction Conference (when applicable) and shall be completed no later than 45/90/150 calendar

days after commencement of the work (when applicable).

________________________________________________________________________________________________________

HOMEOWNER(S) DATE

NAME OF CONTRACTOR DATE

HOUSING CONSTRUCTION & INSPECTION SERVICES MANAGER DATE

FOR OFFICE USE ONLY:

AUTHORIZATION TO PROCEED WITH THE WORK:

DATE SUBMITTED TO THE REHABILITATION DIVISION: Date

PROPERTY LEGAL DESCRIPTION: Legal Description and HCAD #

NAME, LENDING SERVICES DATE

CRAIG B. ATKINS, FINANCIAL SERVICES DIRECTOR/CFO DATE

DAVID B. TURKEL, EXECUTIVE DIRECTOR DATE

NOTICE TO PROCEED

Minor/Major Rehabilitation/Reconstruction

SUB-CONTRACTORS FINAL PAYMENT NOTICE


To General Contractor: From Sub-Contractor:

Project:

Address: Harris County Community Services Department 8140 Lantern Point Houston, Texas 77054 KNOW ALL MEN BY THESE PRESENTS 1. The undersigned Sub-Contractor hereby claims that there is due and payable by the General

Contractor, a sum of $ , which will represent full payment for all work performed under the terms of the General Contractor’s Rehabilitation Contract (“Contract”) dated ___________________, and any subsequently approved Change Orders.

2. The Sub-Contractor certifies that all work required under the Contract has been performed in

accordance with the terms thereof and that there are no unpaid claims of laborers or mechanics for unpaid wages nor any unpaid claims for materials, supplies, or other services arising out of the performance of the Contract.

3. That in consideration for the payment of the amount stated in paragraph one (1) hereof, the Sub-


4. For major rehabilitation (repairs), the Sub-Contractor hereby guarantees to correct any work that

fails to conform to the Contract Documents and agrees to correct such defects due to faulty materials, equipment, or workmanship of the entire home, which appear during the progress of the work or within a period of one (1) year for new construction or a replacement home, the same Guarantees and Warranties will apply with the following terms: one (1) year for the entire home, two (2) years for mechanical, electrical and plumbing components, and ten (10) years on structural components from the date of final acceptance of the work or such longer periods of time as may be specified by law or by the terms of any special guarantees required by the Contract Documents.

IN WITNESS WHEREOF, the Sub-Contractor has signed this instrument this day of , 2017. Sub-Contractor Subscribed and sworn before me this day of Notary Public in and for Harris County, Texas

SUB-CONTRACTORS PARTIAL PAYMENT NOTICE


To General Contractor: From Sub-Contractor:

Project:

Address: Harris County Community Services Department 8140 Lantern Point Houston, Texas 77054 KNOW ALL MEN BY THESE PRESENTS 1. The undersigned Sub-Contractor hereby claims that there is due and payable by the General

Contractor, a sum of $ , which represents a progress payment for his/her work performed to date under the terms of the General Contractor’s Rehabilitation Contract (“Contract”) dated _____________________, and any subsequently approved Change Orders.

2. The Sub-Contractor certifies that his/her work required under the General Contractor’s Contract

has been partially performed in accordance with the terms thereof and that there are no unpaid claims of laborers or mechanics for unpaid wages or any unpaid claims for materials, supplies, or other services arising out of the performance of the Contract.

3. That in consideration for the payment of the amount stated in paragraph one (1) hereof, the Sub-


4. For major rehabilitation (repairs), the Sub-Contractor hereby guarantees to correct any work that

fails to conform to the Contract Documents and agrees to correct such defects due to faulty materials, equipment, or workmanship of the entire home, which appear during the progress of the work or within a period of one (1) year for new construction or a replacement home, the same Guarantees and Warranties will apply with the following terms: one (1) year for the entire home, two (2) years for mechanical, electrical and plumbing components, and ten (10) years on structural components from the date of final acceptance of the work or such longer periods of time as may be specified by law or by the terms of any special guarantees required by the Contract Documents.

IN WITNESS WHEREOF, the Sub-Contractor has signed this instrument this day of , 2017. Sub-Contractor Subscribed and sworn before me this day of Notary Public in and for Harris County, Texas

H. 8o.

8410 Lantern Point Drive Phone: 713.578-2000

Houston, Texas 77054 Fax: 713.578.2190

PROJECT: CHANGE ORDER NO:

(Name, Address) INITIATION DATE:

TO: (Contractor) FOLIO NO.:

CONTRACT DATE:

You are directed to make the following changes to this contract:

ADDITIONS: $

$

$

$

Total Additions $

Deletions $

$

$

$

Total Deletions $

Net Change: $

Not valid until signed by the Homeowner, Project Specialist, and the Project Superintendent. Signature of the Contractor indicates agreement herewith, including any

adjustment in the Contract Sum and/or the Contract Time.

The Original Contract Sum was $

Net change by previously authorized Change Orders $

The Contract Sum prior to this Change Order was. $

The Contract Sum will be increased by this Change Order $

The new Contract Sum including this Change Order will be $

The Contract Time will be increased by (xx) Days

The Date of Completion as of the date of this Change Order therefore is Prepared by:

Agreed to by:

PROJECT SPECIALIST Date CONTRACTOR Date

Authorized by:

Authorized by:

HOUSING CONSTRUCTION MANAGER Date HOMEOWNER Date

Approved by:

Authorized by:

CSD DIRECTOR Date HOMEOWNER Date

CHANGE ORDER

Homeowner: ________ Contractor ________

Finance ________

Rehab: ________

Contractor:

HOUSING

CONSTRUCTION

SERVICES

H. 8r.

PROJECT: (Name, Address) Field Change No

Date of Issuance:

TO : (Contractor Name) Folio No:

Contract Dated:

The work shall be carried out in accordance with the following field change issued in accordance with the Contract Documents without change in Contract Sum or

Contract Time. Proceeding with the Work in accordance with these instructions indicates your acknowledgement that there will be no change in the Contract Sum or Contract Time.

ADDITION:fixfAD ADDITIONS:

TOTAL ADDITION:

DELETIONS:

TOTAL DELETION:

CLARIFICATIONS:

Attachments: (Here insert listing of documents that support description)

PROJECT SPECIALIST DATE CONTRACTOR DATE

HCIS SUPERVISOR DATE OWNER DATE

FIELD CHANGE Project:

Project No.:

Distribution to Homeowner Contractor Rehab

HOUSING

CONSTRUCTION &

INSPECTION SERVICES

8410 Lantern Point Drive Phone: 713.578-2000 Houston, Texas 77054 Fax: 713.578.2190 H. 8v.

Dear Homeowner: The Harris County Housing Construction and Inspection Services (HCIS) Program has put together a survey that we feel will assist us in getting feedback from our homeowners about our contractors and the type of work that was performed on your home. We would appreciate it if you would take the time to answer this survey and return it to our office in a timely manner. Please be assured the intent is to utilize your comments to improve the overall quality of our projects and the program.

1. Did you receive all information concerning your warranty work and items that are covered? (i.e., Water Heater, Furnace, Extermination, Roof, etc.)

Yes No 2. Are you pleased with the overall quality of workmanship that was done by the contractor?

Yes No 3. Did you clearly understand all work to be performed at your home?

Yes No 4. Were you pleased with the number of days that it took for work to be completed on your home?

Yes No 5. Did your living standard improve because of the work that was performed on your home?

Yes No 6. Did you visit your home during construction? If so, were you happy with the work being

performed?

Yes No

Homeowner’s Post Construction Survey

Homeowner: Project No.:

HOUSING CONSTRUCTION & INSPECTION SERVICES

8410 Lantern Point Drive Phone: 713.578-2000 Houston, Texas 77054 Fax: 713.578.2190 H. 8v.

7. Were you pleased with the paint color scheme you selected for your home, once the construction

was complete?

Yes No 8. Were you pleased with the assistance you received from HCIS while you were away from your

home during construction?

Yes No 9. Did you receive any compliments from your neighbors (or others) concerning the work that was

being performed to your home, if so please explain?

Yes No 10. Would you recommend the HCIS program to a family member or friend?

Yes No 11. Would you recommend your Contractor to a family member or friend?

Yes No 12. Please feel free to comment on the program and any thing you think we can do to improve.

Yes No Thank you for taking your time to complete the survey.

H. 8x.

OWNER’S ACCEPTANCE OF REHABILITATION (or

RECONSTRUCTION) WORK

I/We, being the owner(s) of the property located at

: do hereby accept the rehabilitation (or

reconstruction) work performed at said property by , as being

satisfactorily completed in accordance with the contract dated

.

I/We, agree to hold harmless the Harris County Community Services Department from any lien,

which has, or may arise in connection with this work and further state that there are no

conditional sales agreements or lease purchase agreements outstanding or unpaid in connection

with this work.

We acknowledge receipt of all warranties and guarantees issued in connection with the work and

understand and agree that the Harris County Community Services Department is not responsible

or liable for any work necessary under said warranties or guarantees.

Owner Date

Owner Date

HCIS Witness Date

Harris County

Community Services Department

Housing Construction & Inspection Services

H. 8z.

Harris County Community Services Department Final Housing Inspection

Minor Repair Rehabilitation Reconstruction Health & Safety

Homeowner Name: ______________________________________ Activity #: _____________________ Address of Property Being Inspected: ___________________________________________________________ City: _________________________ State: TX County: Harris County Zip: ____________________ Inspector Name: __________________________________ _____ Inspector Phone: _______________________

Description Existing conditions comply with applicable building standards, specifications and codes.

Final Housing Inspection

___________________________________________________ ______________________ Signature of Person Performing Inspection Date

Pass Fail Comments

Site

Foundation/Elevation

Flat work

Plumbing

Electrical

Framing

Doors & Windows

Insulation

Exterior Surfaces

Cabinets

Interior Surfaces

Roofing

Paint Interior

Cabinets

Flooring

Paint Exterior

Accessibility

Lead Based Paint pre-1978?

Inspectors Certification

I certify that I have inspected the work performed at the above referenced address, and that the completed work

has been performed satisfactorily and in accordance with the standards and specifications as outlined by the Harris

County Community Services Department Home Repair Program.

I.9b. 1

HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT

HOUSING REHABILITATION/RECONSTRUCTION PROGRAM

MECHANIC'S LIEN CONTRACT

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY

REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS

INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR

SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

(Language pursuant Section 11.008 of the Texas Property Code)

THE STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS

COUNTY OF HARRIS §

Date: Folio No.:

Owner (Name and Address): @

Contractor (Name and Address): ^

Lender: Harris County

c/o Community Services Department

8410 Lantern Point Drive

Houston, Texas 77054

Trustee: David B. Turkel, in his capacity as Executive Director of Harris County Community

Services Department, Texas, whose address is 8410 Lantern Point Drive, Houston,

Texas 77054, or his successor in office.

Note Amount: $$$ HOME/CDBG/TIRZ Funds

Property Description: **

Lien(s): ~

This Contract is made and entered into by and between @ (“Owner”) and ^ (“Contractor”) and

assigned to Harris County (“County”). Owner and Contractor hereby agree as follows:

ARTICLE 1: CONTRACT DOCUMENTS - The Contract Documents consist of this Contract, the

Bid documents and Specifications, including drawings or plans, if any, and the _______________

(Rehabilitation Specifications or Reconstruction Plans) for Contractors.

ARTICLE 2: THE WORK - The CONTRACTOR agrees to furnish all labor, materials, equipment,

I.9b. 2

permits, licenses and services for the _____________(Rehabilitation or Reconstruction) of the above

identified property in accordance with the Contract Documents. The CONTRACTOR agrees that

materials supplies are guaranteed to be as specified.

In addition, when applicable, the CONTRACTOR will obtain the proper inspections including the

final inspection from the appropriate division (plumbing, electrical, etc.) of the local jurisdiction.

All work shall be completed in a workman like manner according to standard building and trade

practices as stated in the latest version of the INTERNATIONAL RESIDENTIAL CODE and all

materials and specifications must meet the Harris County Minimum Property Standards. On a

Rehabilitation (does not apply to Reconstruction), should the CONTRACTOR exceed or deviate

from the amount and/or manner, of work as established by the Contract Documents without the

express written consent of HARRIS COUNTY, TEXAS, (hereinafter referred to as "COUNTY") and

the OWNER, such that the construction is classified as new construction rather than the rehabilitation

of an existing structure by any city, village, town, or according to any regulations or guidelines

affecting the Community Development Block Grant/HOME Program, then the CONTRACTOR shall

be liable for the full amount of this Contract and any fees and costs resulting from such classification,

and the CONTRACTOR agrees to refund to the COUNTY any funds advanced to the

CONTRACTOR under this Contract, and further, in such event, the CONTRACTOR hereby

expressly waives and releases any mechanic's or materialman's lien, whether statutory or

constitutional, or right of such item on the herein mentioned premises and improvements by virtue of

this Contract and the Contract Documents or otherwise.

This waiver shall also extend to any claim or right to a mechanic's or materialman's lien whether

statutory or constitutional, that may arise in the future by reason of the labor or materials furnished or

to be furnished by or on behalf of the CONTRACTOR pursuant to this Agreement and the Contract

Documents.

ARTICLE 3: OCCUPANCY OF THE PREMISES - The premises are/ are not to be occupied

during the course of the rehabilitation/reconstruction work.

ARTICLE 4: TIME OF COMMENCEMENT AND COMPLETION - No work shall be

commenced by the CONTRACTOR until CONTRACTOR has received a written NOTICE TO

PROCEED, which has been signed by the OWNER. Work shall begin within ten (10) calendar days

from the date of the Pre-construction Conference (if applicable).

Time is of the essence of this contract. Work shall be prosecuted regularly and without interruption

until completion. The entire work shall be finished and fully completed to the satisfaction of the

COUNTY in ___inert Ninety (90) or One Hundred and Fifty (150) business days. Failure on the part

of the CONTRACTOR to complete the work within ___insert Ninety (90) or One Hundred and Fifty

(150) business days after commencement of work will damage the COUNTY. The COUNTY’S

damages due to CONTRACTOR’S delay include additional relocation payments that the COUNTY

may pay to the displaced OWNER. The exact amount of the COUNTY’S total damages is and will

be difficult of exact ascertainment. The CONTRACTOR specially binds and obligates himself to pay

such damages to the COUNTY on demand; or, at its option, the COUNTY may withhold the amount

thereof from any sums due to the CONTRACTOR under this or any other contract or from any other

I.9b. 3

contract, or from any other obligation of any kind owing the CONTRACTOR by the COUNTY. The

CONTRACTOR shall pay to the COUNTY as liquidated damages the sum of one hundred dollars

($100.00) a day for each business day the work remains uncompleted after the expiration of _insert

Ninety (90) or One Hundred and Fifty (150)) business days. Such sum shall in no event be construed

to be a penalty, but only as damages fixed and agreed upon in advance. In case full payment for the

work shall have been made, the COUNTY shall have the right to recover from the CONTRACTOR

and its surety the amount such liquidated damages as determined under this contract.

ARTICLE 5: CONTRACT SUM SECURED BY LIEN – Lender (COUNTY) has agreed to pay

the CONTRACTOR for the performance of the _______________(Rehabilitation or Reconstruction)

work, subject to additions and deductions by approved Change Order, the Contract Sum of $$$. An

additional sum not to exceed $$$ (no more than 25% of the Contract sum), designated as

“Contingency Amount,” may be paid to Contractor by Lender if an approved Change Order is signed

by the parties. OWNER has executed a promissory note of even date herewith, payable to the order

of COUNTY which has agreed to advance the Contract Sum to CONTRACTOR, said note being

secured by a lien on the Property described above. OWNER conveys the Property to Trustee in trust

and warrants and agrees to defend the title to the Property. If OWNER performs all the covenants

and pays the note according to its terms, this conveyance shall become void and have no further

effect, and shall be released by COUNTY at OWNER’S request.

In the event of unforeseen circumstances, the Change Order(s) will exceed the 25% Contract sum the

Change Order(s) will be placed for bid through the Harris County Home Repair Program/Purchasing

Department.

ARTICLE 6: GENERAL RESPONSIBILITIES OF THE CONTRACTOR - The

CONTRACTOR shall supervise and direct the work using his best skills and attention.

The CONTRACTOR shall provide the OWNER with evidence that he has secured and paid for all

licenses and permits necessary for the proper execution of the work and upon completion of the job

shall provide evidence that all work has been inspected and approved by the appropriate Inspection

Officials.

The CONTRACTOR shall provide the OWNER AND COUNTY with a Certificate of Insurance as proof that it has obtained and paid for a certificate of Payment Bond and Performance Bond, as required by 2 C.F.R. 200.304. The Payment Bond must meet Tex. Gov’t Code §§ 2253.001, et. seq, as amended. The Performance Bond must meet Texas Gov’t Code §§ 2253.001, et.seq, as amended. The Performance Bond must be for the full amount of the contract including any Change Orders.

The CONTRACTOR shall not employ on the work any unfit person or anyone not skilled in the task

assigned to him. The CONTRACTOR at all times shall keep the premises free from accumulation of

waste materials or rubbish caused by his work.

The CONTRACTOR shall permit the COUNTY to examine and inspect the _______________

(rehabilitation or reconstruction) work at any time.

The CONTRACTOR shall furnish the OWNER and the COUNTY with the names, addresses, and

telephone numbers of the firms to be contacted for service to the various appliances or other

I.9b. 4

equipment that was installed or repaired under this Contract.

CONTRACTOR understands and agrees that from the date that Contractor executes this contract and

extending for thirty (30) days from the date that the homeowner executes the final acceptance of the

work, that CONTRACTOR shall neither contact the homeowner regarding additional work nor agree

to perform any additional work beyond the work stated in the Contract Documents. Should the

CONTRACTOR violate this provision of the contract, then the COUNTY, in its sole discretion may

prohibit the CONTRACTOR from doing further work funded by the COUNTY and remove the

CONTRACTOR from any job awarded to the CONTRACTOR where actual construction has not

commenced.

The CONTRACTOR during the performance of the Work shall maintain the Property free from

the accumulations of waste, debris, and rubbish and upon completion of the Work will remove

all construction debris and surplus material from the Property and leave the Property in a neat

and broom-clear condition; take precautions necessary to protect persons or property against injury

and damage.

The CONTRACTOR at its expense shall promptly remove from the property the salvageable

products, materials and equipment specified to be removed or replaced in the Contract Documents

and shall become the property of the Contractor, except as may be otherwise provided in this

Agreement.

The CONTRACTOR is responsible for all damage to work performed and materials delivered until

completion and final acceptance by the County and the Owner.

Contractor shall follow all federal, state, and local laws, rules, orders, regulations, guidelines, and

codes applicable to the Contractor’s Services, including but not limited to the U.S. Department of

Housing and Urban Development (“HUD”) Guidelines. Contractor shall follow Administrative

Requirements for Grants and Cooperative Agreement to State, Local and Federally Recognized

Indian Tribal Governments, 24 CFR Part 85, attached hereto as Exhibit A and incorporated herein by

reference.

ARTICLE 7: GENERAL RESPONSIBILITIES OF THE OWNER

The OWNER shall permit the CONTRACTOR to use at no extra cost, existing utilities such as

electricity, heat, power, and water necessary for the proper execution and completion of the work.

The OWNER and occupants are responsible for and shall cooperate with the CONTRACTOR to

facilitate the performance of the work, including the removal and replacement of rugs, coverings,

furniture, and clothing, if necessary.

The OWNER is responsible for the moving and security of all belongings including but limited to:

furniture, clothing, appliances, valuables, antiques, and fragile items in and about the work site, and

agrees to hold the CONTRACTOR harmless from and against any and all claims and damages to

such items of every kind arising out of or attributed directly or indirectly to the operation and

performance of the CONTRACTOR under this agreement.

I.9b. 5

The OWNER and occupants shall be responsible for the proper use and care of the property including

all equipment and appliances.

The OWNER shall not issue instructions to the CONTRACTOR concerning the work without

express prior approval from the COUNTY.

The OWNER shall provide the CONTRACTOR with access to the property during normal working

hours on normal work days.

The consent of the OWNER in approving and accepting the work performed under this Contract shall

not be unreasonably withheld.

The OWNER agrees to pay all taxes and assessments on the property when due and provide

COUNTY with evidence of such payment within ten days of such payment. The OWNER further

understands and acknowledges the taxes my increase as a result of the improvements or

reconstruction of the property.

The OWNER shall preserve the lien’s priority as it is established in this contract. If this lien is not a

first lien, the OWNER shall pay all prior lien notes that OWNER is personally liable to pay and abide

by all prior lien instruments.

The OWNER shall keep the Property in good repair and condition after the construction work is

completed.

The OWNER shall maintain, in a form acceptable to COUNTY, an insurance policy that: covers all

improvements for their full insurable value as determined when the policy is issued and renewed,

unless COUNTY approves a smaller amount in writing; contains an 80% coinsurance clause;

provides fire and extended coverage, including windstorm coverage; protects COUNTY with a

standard mortgage clause; provides flood insurance at any time the Property is in a flood hazard area;

and contains such other coverage as COUNTY may reasonably require. The OWNER shall comply

at all times with the requirements of the 80% coinsurance clause. The OWNER shall deliver the

insurance policy to COUNTY and deliver renewals to COUNTY at least ten (10) days before

expiration. The OWNER shall keep any buildings occupied as required by the insurance policy.

THE OWNER AGREES THAT THE COUNTY HAS NO RESPONSIBILITY FOR ANY

DEFECTS, FAULTY WORK, OR INCOMPLETE WORK PERFORMED BY THE

CONTRACTOR

ARTICLE 8: GENERAL RESPONSIBILITIES OF HARRIS COUNTY

The COUNTY shall provide general administration of the Contract and shall be the OWNER'S

representative during the construction period.

The COUNTY shall have access to the work at all times and may make inspections of the work while

it is in progress to determine it is proceeding in accordance with the Contract Documents.

I.9b. 6

The COUNTY shall have the authority to reject work which does not conform to the Contract

Documents.

The COUNTY shall have the right to mediate any disputes that might arise between OWNER and

CONTRACTOR, and is hereby authorized to take any action necessary to fulfill Contract and

Contract Documents. This includes the COUNTY’s right to accept and approved work performed

when the COUNTY has determined the OWNER is unreasonably refusing to accept and approve the

work.

The COUNTY may appoint in writing a substitute or successor trustee, succeeding to all rights and

responsibilities of Trustee.

If OWNER fails to perform any of owner's responsibilities, COUNTY may perform them and be

reimbursed by OWNER on demand at the place where the Note is payable for any sums so paid, 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 Contract.

OWNER is required to furnish insurance and if OWNER fails to do so, COUNTY shall have the

option to procure such insurance and add the premium advanced by COUNTY to the amount due

under the note and may charge interest on the amount added from the time of its addition until it is

paid, at a rate not in excess of the rate that the note would produce over its full term if each scheduled

payment were paid on the date due.

COUNTY shall also have the option, rather than procuring insurance, of declaring owner to be in

default of this Contract and proceeding with foreclosure of the lien.

If OWNER defaults in any payment on the note secured hereby or fails to perform any of owner's

obligations under this Contract, the COUNTY may declare the unpaid principal balance and earned

interest on the note immediately due; request the Trustee (or any substitute or successor) to foreclose

this lien, in which case COUNTY shall give notice of the foreclosure sale as provided by the Texas

Property Code, as amended; and COUNTY may purchase the Property at any foreclosure sale by

offering the highest bid by applying the amounts due on the note to the amount bid.

IT EXPRESSLY AGREED ALL PARTIES HERETO THAT THE COUNTY SHALL HAVE

NO OBLIGATION TO PERFORM OR COMPLETE THE WORK, OR PERFORM ANY OF

THE OWNERS’ OBLIGATIONS OR ANY OF THE CONTRACTOR’S OBLIGATIONS

UNDER THIS AGREEMENT.

SPECIAL INTERVENTION AND SUBROGATION RIGHTS OF THE COUNTY. ALL

PARTIES TO THIS AGREEMENT HEREBY ACKNOWLEDGE THAT THE COUNTY IS

GRANTED THE FULL AUTHORITY TO INITIATE AND INTERVENE IN ANY CAUSE

OF ACTION OR RIGHTS TO A CAUSE OF ACTION HELD BY THE HOMEOWNER

AGAINST THE CONTRACTOR OR ANY OTHER PARTY THAT THE HOMEOWNER

MAY HAVE A CLAIM, CAUSE OF ACTION, RIGHT OF REIMBURSEMENT OR ANY

OTHER ENFORCEABLE RIGHTS.

I.9b. 7

ARTICLE 9: TRUSTEE'S DUTIES - If requested by COUNTY to foreclose this lien, Trustee or

his successor shall give notice of the foreclosure sale as required by the Texas Property Code, as

amended; sell and convey all or part of the Property to the highest bidder for cash with a special

warranty deed binding Owner, subject to prior lien and other matters of record prior to the date of this

Contract; and pay out of the proceeds of sale the following: expenses of foreclosure; the full amount

of principal, interest and other charges due to COUNTY; any amounts required by law to be paid

before payment to Owner; and any balance of such proceeds to Owner. If Trustee is unable or

unwilling to act, COUNTY may appoint a substitute trustee who shall have the same rights and

obligations of the Trustee.

ARTICLE 10: PAYMENT - Unless otherwise agreed to in writing by the OWNER, the

CONTRACTOR and the COUNTY, the CONTRACTOR shall be paid in one lump sum in the

amount of ninety-five percent (95%) of the Contract Sum and ninety-five percent (95%) of any

portion of any contingency amount actually expended after the work has been satisfactorily

completed and accepted by the OWNER and the COUNTY. The execution by the OWNER of the

acceptance of (Rehabilitation or Reconstruction) Work form shall authorize the COUNTY

to release funds in an amount not to exceed ninety-five percent (95%) and ninety-five percent (95%)

of any portion of any contingency amount actually expended of the Contract Sum to the

CONTRACTOR provided the CONTRACTOR has complied with the other conditions set forth in

this Article. If progress payments are made as the work progresses, such payments shall not exceed

ninety-five percent (95%) of the value of the work satisfactorily completed as determined by the

COUNTY. Final payment shall not be made until the CONTRACTOR has delivered to the

OWNER(S) and the COUNTY executed releases of liens or claims for liens by the CONTRACTOR,

subcontractor, and laborers. It is expressly agreed and understood that five percent (5%) of the

Contract Sum and five percent (5%) of any portion of any contingency amount actually expended

shall be retained for a period of thirty (30) days following acceptance and completion of all work.

It is expressly agreed by all property owners hereinabove mentioned and signatories to this Contract,

that the COUNTY shall accept the signature of @ as the only signature required on behalf

of the property owners for the approval of work done to date of such payment. Upon death or

incapacity (physical or otherwise) of the above designated party, the COUNTY shall accept the

signature of the legal representative of said party or the signature of any remaining property owner

for the purposes stated in this paragraph, including approval and acceptance of final payment to the

CONTRACTOR. In the event the COUNTY is not able to obtain a signature and documented its

efforts in the project file, the Harris County Community Services Department Director or his/her

designee will have the authority to sign and authorize any payments.

ARTICLE 11: RETAINAGE - It is also expressly agreed and understood that five percent (5%) of

the Contract Sum set forth above and five percent (5%) of any portion of any contingency amount

actually expended shall be retained by the COUNTY for thirty (30) days following completion and

acceptance of all work covered under this Contract

ARTICLE 12: ASSIGNMENTS OF PROCEEDS - No assignment of the proceeds or funds due

the CONTRACTOR herein shall be allowed or valid unless such assignment is executed and

acknowledged by both the Housing Construction Services Manager and the Chief Financial Officer

I.9b. 8

of the HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT. A duly executed original

of said agreement shall be retained by the COUNTY. This ARTICLE 12 shall be strictly construed

and any assignment not in full and complete compliance with this article shall be null and void, and

without any effect on the COUNTY.

ARTICLE 13: ASSIGNMENT OF CONTRACT - The CONTRACTOR shall not assign this

Contract to any other CONTRACTOR without the consent of the OWNER and COUNTY. Any

request for assignment must be addressed to the COUNTY at the address shown above.

ARTICLE 14: CONTRACTOR’S INSURANCE - The CONTRACTOR shall be responsible for

all damage to persons or property that occur on the job site or adjacent thereto, as a result of his or

any subcontractors' fault or negligence in connection with this Contract. The CONTRACTOR shall,

prior to commencing work, furnish evidence of Worker’s Compensation: Statutory and Bodily Injury

by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000 policy limit $100,000

each employee. Commercial General Liability: In the amount of $300,000 each occurrence Limit

Bodily Injury and Property Damage Combined $300,000 Products-Completed Operations

Aggregate Limit $500,000 Per Job Aggregate $300,000 Personal and Advertising Injury Limit.

Harris County shall be named as "additional insured" on commercial general liability policy.

Automobile Liability Coverage: $300,000 Combined Liability Limits. Bodily Injury and Property

Damage Combined. Harris County shall be named as "additional insured" on automobile policy.

The Contractor shall obtain at its expense, on an all risk of physical loss basis, Builder’s Risk

Insurance coverage including workmanship acceptable to the County and the Program Administrator,

in the amount of insurance equal at all times to 100% of the insurable value of materials delivered

and labor performed. The policy so issued in the name of the Contractor shall also name its

Subcontractors and the Homeowner as additional insured, as their respective interest may appear.

The policy shall have endorsements as follows: “This insurance shall be specific as to coverage and

not considered as contributing insurance with any permanent insurance maintained on the present

premises.” For Renovation Projects and/or Work: the Homeowner waives subrogation for damage by

fire to existing building structure(s), if building structure(s) is in care, custody or control of

Contractor, and Builder’s Risk Policy shall be endorsed to include coverage for existing building

structure(s).

ARTICLE 15: SUBCONTRACTS - All subcontractors shall be bound by the terms and conditions

of this Contract insofar as it applies to their work. Upon request, the CONTRACTOR may be

required to furnish to the OWNER, in writing, a list of the names of the subcontractors proposed for

the principal portions of the work. The CONTRACTOR shall not employ any subcontractor to

whom the OWNER or the COUNTY may have a reasonable objection or on the HUD debarred list

ARTICLE 16: EMPLOYMENT OF SUBCONTRACTORS - In accordance with 24 CFR Section

570.609, as amended, any individual, partnership, association or corporation that has been suspended

by the COUNTY or that has been found to have performed substandard work, or that has failed to

honor and remedy past warranty work may not be allowed to perform any work required to be done

under this Contract without the express written consent of the COUNTY. In addition, subcontractors

on the HUD debarred list will not be allowed to perform any work. The CONTRACTOR shall submit

a list of subcontractors to be used under this Contract which shall accompany the CONTRACTOR'S

bid and shall be binding upon the CONTRACTOR. The CONTRACTOR shall notify the COUNTY

I.9b. 9

in writing of any change in the subcontractor list and such change shall be approved in writing by the

COUNTY before any such newly selected subcontractor starts work.

The COUNTY shall make available to all bidders a list of those individuals, partnerships,

associations, or corporations which are not eligible for employment under this Contract. Should the

CONTRACTOR fail to comply with this section, then the COUNTY may, at its sole discretion,

suspend the CONTRACTOR from doing any further business whatsoever with the HARRIS

COUNTY COMMUNITY SERVICES DEPARTMENT, whether as contractor, subcontractor,

laborer, consultant, supplier, or otherwise, no matter how remote.

ARTICLE 17: LIENS BY SUBCONTRACTORS, MATERIALMEN, OR SUPPLIERS - Should

any valid mechanics' and materialman's lien be filed against the herein described real property by any

subcontractor, materialman, or supplier, then in that event, the CONTRACTOR expressly agrees and

covenants that the COUNTY or the OWNER shall be entitled to a Judgment in the appropriate court

in Harris County, Texas, against said CONTRACTOR for an amount necessary to remove any such

lien and which shall include court costs and reasonable attorneys fees.

ARTICLE 18: CHANGES IN THE WORK - Except in an emergency endangering life or property,

no changes in the work shall be made by the CONTRACTOR unless he has received a prior written

order signed by the OWNER and authorized in writing by the representatives of the COUNTY. The

Contract Sum and the Contract Time may be changed only by Change Order. No extra costs will be

paid to the CONTRACTOR when he has neglected to properly evaluate the extent of the

rehabilitation work. The change orders may not exceed the Contingency Amount provided in Article

5 above.

ARTICLE 19: GUARANTEES AND WARRANTIES – For major rehabilitation (repairs), the

CONTRACTOR hereby guarantees to correct any work that fails to conform to the Contract

Documents and agrees to correct such defects due to faulty materials, equipment, or workmanship of

the entire home, which appear during the progress of the work or within a period of one (1) year or

For new construction or a replacement home the same Guarantees and Warranties will apply with the

the following terms: one (1) year for the entire home, two (2) years for mechanical, electrical and

plumbing components and ten (10) years on structural components from the date of final acceptance

of the work or such longer periods of time as may be specified by law or by the terms of any special

guarantees required by the Contract Documents. Provisions of this ARTICLE apply to work done by

subcontractors as well as work done by the CONTRACTOR.

Should the CONTRACTOR fail to perform any warranty work as determined by the COUNTY

within the one (1) year period for major rehabilitation (repairs) or one (1) year for the entire home,

two (2) years for mechanical, electrical and plumbing components and ten (10) years on structural

components set forth herein, then the COUNTY at its sole discretion shall take legal action to

recapture funds from the contractor and use such funds to pay another contractor of its choice to

repair such warranty items.

ARTICLE 20: TERMINATION OF CONTRACT BY THE OWNER – OWNER may rescind

this Contract without penalty or charge within three (3) days after the execution of this Contract by

all parties.

I.9b. 10

If the CONTRACTOR defaults or neglects to carry out the work in accordance with the Contract

Documents or fails to perform any provisions of the Contract, the OWNER, acting through and with

the written approval of the COUNTY, may after seven (7) days written notice, terminate the

CONTRACTOR’S right to complete the work pursuant to this Contract and cause the work to be

completed by a CONTRACTOR approved by the COUNTY and selected in accordance with the

United States Department of Housing and Urban Development (HUD) regulations.

If the unpaid balance of the Contract Sum exceeds the expense of finishing the work, such excess

shall be paid to the CONTRACTOR, but if such expense exceeds such unpaid balance, due to

CONTRACTOR’S inferior workmanship as determined by the COUNTY, the CONTRACTOR shall

pay the difference to the COUNTY.

It is further expressly agreed by and understood by and between all parties to this Contract, that

should the CONTRACTOR be terminated pursuant to this Article 20, no further funds shall be paid

to said CONTRACTOR or his subcontractors unless and until the remaining unfinished work has

been completed by a substitute contractor, accepted by the COUNTY, and the substitute contractor

has been paid in full.

The payment of the balance remaining of the original contract amount shall constitute the full and

complete discharge of any and all obligations owed said terminated CONTRACTOR regardless of

the amount actually owed said CONTRACTOR. No claims filed by subcontractors of the

CONTRACTOR shall be valid in excess of the amount authorized in this Article. No subcontractor

shall have any statutory or other lien or claim against OWNER or COUNTY for any amount in

excess of the amount agreed to be paid in the Contract Documents for such work.

ARTICLE 21: TERMINATION OF CONTRACT BY THE CONTRACTOR - If the OWNER

fails to perform any applicable provisions of the Contract, the CONTRACTOR may upon seven (7)

days written notice to the OWNER and COUNTY, terminate the Contract and recover from the

OWNER payment for all work satisfactorily completed including reasonable profit and damages.

COUNTY shall not be liable for any damages caused by OWNER or any of OWNER’S guests on the

property.

ARTICLE 22: EQUAL EMPLOYMENT OPPORTUNITY - The CONTRACTOR will not

discriminate against any employee or applicant for employment because of race, color, religion, sex,

or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants are

employed and that employees are treated, during employment, without regard to their race, color,

religion, sex, or national origin. Such action shall include, but shall not be limited to the following:

employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoffs or

terminations, rates of pay, or other forms of compensation, and selection for training including

apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees

and applicants for employment notices to be provided by the Government setting forth the provisions

of this nondiscrimination clause. The CONTRACTOR will in all solicitations or advertisements for

employees placed by or on behalf of the CONTRACTOR state that all qualified applicants will

receive consideration for employment without regard to race, color, religion, sex, or national origin.

I.9b. 11

CONTRACTOR will comply with Section 3 of the Housing and Urban Development Act of 1968, as

amended, the regulations set forth in 24 C.F.R. § 135, and all applicable rules and orders. Contractor

understands that such compliance is a condition of the federal assistance provided under this

Agreement and binding upon the County and the Contractor. Failure to comply with these

requirements shall subject the County and the Contractor and any of Contractor’s sub-contractors,

their successors and assigns, to the sanctions set forth in this Agreement and in 24 C.F.R., § 135,

Subpart D. The Contractor agrees that no contractual or other disability exists which would prevent

Contractor’s compliance with this Article.

CONTRACTOR will cause the provisions of this Article 22 to be inserted in all subcontracts for any

work covered by this Contract so that such provisions will be binding upon each subcontractor

provided that the provisions of this Article shall not apply to Contracts or Subcontracts for standard

commercial supplies or raw materials. The CONTRACTOR shall keep such records and submit such

reports that the Secretary of HUD may reasonably require.

The CONTRACTOR agrees to comply with such rules, regulations or guidelines as the Secretary

may issue to implement these requirements.

ARTICLE 23: LEAD-BASED PAINT HAZARDS - Lead-based paints shall not be applied to any

interior or exterior surfaces of the subject property. The CONTRACTOR shall exercise the necessary

supervision of his employees to assure compliance with this provision and shall include such

provisions in all subcontracts for painting.

The CONTRACTOR agrees to provide samples of paint for analysis if requested by the OWNER or

COUNTY. This provision is based upon the "Lead-Based Paint Poisoning Prevention Act" (24 CFR

Part 35). Lead-based paint removal is a dangerous task: therefore, safety precautions should be

strictly enforced.

When the removal of lead based paint hazards is identified in the Contract Documents, Contractor

and Contractor’s subcontractors and/or their employees conducting the lead hazard reduction or

abatement work must provide documentation to the County that they have the appropriate lead based

paint courses and/or certifications as required by HUD and the Environmental Protection Agency

(“EPA”).

ARTICLE 24: PENALTY CLAUSE - If the CONTRACTOR fails to fully perform the work within

the time limit specified in Article 4 of this contract, CONTRACTOR shall pay the COUNTY $100.00

per day of delay until the work is completed. This penalty shall first be credited against any money

owed to CONTRACTOR by the OWNER under this Contract, second subtracted from the

Contractor’s retainage and third paid directly by Contractor to County. If applicable, the OWNER'S

Promissory Note to the COUNTY shall be credited accordingly.

Said sum shall represent liquidated damages for violation of Article 4 of this contract, which caused

the COUNTY to sustain damages due to CONTRACTOR'S default. However, the CONTRACTOR

shall not be charged with liquidated damages for any delays due to the following:

Acts of the government restricting labor, equipment, or materials by reason of national emergency;

I.9b. 12

causes beyond the control and without the fault or negligence of the CONTRACTOR including but

not restricted to acts of God; fires, floods, epidemics, quarantine restrictions; strikes; freight

embargoes; and adverse weather conditions affecting the work to be performed.

Cause and extent of delays shall be evaluated and if delays are found by the COUNTY to be properly

excusable, extension of time for project completion will be adjusted commensurate with the period of

the excusable delays.

It is the responsibility of the CONTRACTOR to notify the OWNER'S representative of any such

delay(s) within ten (10) days of the time the delay commences. The CONTRACTOR shall not be

entitled to any claim for damages on account of hindrances or delays from any cause whatsoever, but

may be entitled to an extension of time only if (1) the CONTRACTOR gives written notice to the

COUNTY within ten (10) days after the occurrence of the delay explaining the cause of the delay,

and (2) the COUNTY approves the extension of time.

ARTICLE 25: INDEMNIFICATION - The COUNTY shall not be liable or responsible for, and

shall be saved and held harmless by the CONTRACTOR and OWNER from and against any

and all claims and damages for loss or damage to property, or injuries, including death, arising

out of negligence attributed, directly or indirectly, to the operations or performance of the

OWNER or the CONTRACTOR, under this Agreement, including claims and damages arising

in whole or in part from the negligence or alleged negligence of the COUNTY.

ARTICLE 26: GENERAL PROVISIONS:

1. If the construction is not completed as agreed between OWNER and CONTRACTOR, then the

amount of the consideration subject to Contractor's lien will be diminished by the amount

reasonably necessary to complete the construction as agreed.

If CONTRACTOR is not the holder of the note in this event, the holder may complete the

construction, and the lien created in this contract will inure to the benefit of the holder.

2. This contract is executed, acknowledged, and delivered before any labor has been performed or

any material has been delivered for the construction.

3. If any of the property is sold under this contract, OWNER shall immediately surrender possession

to the purchaser. If OWNER fails to do so, OWNER shall become a tenant at sufferance of the

purchaser, subject to an action for forcible detainer.

4. Recitals in any Trustee's deed conveying the property will be presumed to be true.

5. The lien created in this contract 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 contract, payments will be applied

first to discharge that portion.

I.9b. 13

7. OWNER assigns to COUNTY all sums payable to or received by OWNER 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 reasonable attorney’s fees paid to an attorney who is not an employee of COUNTY,

COUNTY may release any remaining sums to OWNER or apply them to reduce the note.

COUNTY shall not be liable for failure to collect or to exercise diligence in collecting any such

sums.

8. Proceeding under this contract, filing suit for foreclosure, or pursuing any other remedy will not

constitute an election of remedies.

9. Interest on the debt secured by this contract 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. Of 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. CONTRACTOR hereby assigns to COUNTY all rights and claims held by CONTRACTOR or

which could be asserted by CONTRACTOR against OWNER relating to the payment of the work

performed pursuant to this Contract. Without limiting the generality of the foregoing,

CONTRACTOR assigns and transfers to COUNTY the lien created hereby securing the above-

described note.

11. When the context requires, singular nouns and pronouns include the plural.

12. The term note includes all sums secured by this contract.

13. This contract shall bind, inure to the benefit of, and be exercised by successors in interest of all

parties.

14. If OWNER and MAKER is not the same person, the term OWNER shall include MAKER.

ARTICLE 27: OWNER acknowledges that the funds to be used to construct and finance the

improvements contemplated by this Contract have been obtained by COUNTY as grant monies from

HUD. COUNTY’S liability under this Contract is limited to funds available to COUNTY under such

program. OWNER and CONTRACTOR acknowledge that COUNTY has no other funds available to

satisfy County’s obligations hereunder.

Such program requires that the dwelling (Rehabilitated or Reconstructed) and financed

hereby be used as the principal residence of OWNER for a minimum period of _______ ( ) years.

OWNER agrees that within 30 days after completion of the work they shall occupy the premises as

their principal residence for a period of _______ ( ) years from such date that occupancy begins and

further agrees to comply with all requirements of the program.

I.9b. 14

In the event that OWNER fails to so occupy the premises, such failure shall be an event of default

under this Contract and the Note secured hereby, resulting in the acceleration of the maturity thereof,

and COUNTY, or the holder thereof, shall be entitled to demand immediate payment of the entire

unpaid balance thereof. OWNER assigns to COUNTY absolutely, not only as collateral, all present

and future rent and other income and receipts from the property. OWNER warrants the validity and

enforceability of the assignment.

If OWNER defaults in payment of the note or performance of this contract, COUNTY may as

OWNER’S agent may rent the property if it is vacant and collect all rent and other income and

receipts. COUNTY neither has nor assumes any obligations as lessor or landlord with respect to any

occupant of the property. COUNTY may exercise its rights and remedies under this paragraph

without taking possession of the property. COUNTY shall apply all rent and other income and

receipts collected under this paragraph first to expenses incurred in exercising its rights and remedies

and then to OWNER'S obligations under the note and this contract in the order determined by

COUNTY. COUNTY is not required to act under this paragraph, and acting under this paragraph

does not waive any of COUNTY'S other rights or remedies. If OWNER becomes a voluntary or

involuntary bankrupt, COUNTY'S filing a proof of claim in bankruptcy will be tantamount to the

appointment of a receiver under Texas law.

ARTICLE 28: Notwithstanding any provision of this Agreement, the parties hereto agree and

acknowledge that this Agreement does not constitute a commitment of funds or site approval, and

that such commitment of funds may occur only upon satisfactory completion of environmental

review and receipt by Harris County of a release of funds from the U.S. Department of Housing and

Urban Development under 24 CFR part 58. The parties further agree that the provision of any funds

to the project is conditioned on Harris County’s determination to proceed with, modify or cancel the

project based on the results of a subsequent environmental review.

NOTICE

ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS

AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF

GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY

HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR

HEREUNDER.

IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and

conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of

this contract, you may lose your legal ownership rights in your home. KNOW YOUR RIGHTS AND

DUTIES UNDER THE LAW.

HOUSING DISCRIMINATION COMPLAINTS

Federal law prohibits housing discrimination based on your race, color, national origin, religion, sex,

family status, or disability. If you have been trying to buy or rent a home or apartment and you

believe your rights have been violated, you can file a fair housing complaint.

I.9b. 15

There are several ways to file a complaint:

You can complete a form on the internet at http://www.hud.gov/complaints/housediscrim.cfm.

You can call toll-free 1-800-669-9777.

You can print out a form, complete it, and drop it off at your local HUD office or mail it to:

Office of Fair Housing and Equal Opportunity

Department of Housing and Urban Development

Room 5204

451 Seventh St. SW

Washington, DC 20410-2000

You can write HUD a letter with:

Your name and address;

The name and address of the person your complaint is about;

The address of the house or apartment you were trying to buy;

The date when this incident occurred;

A short description of what happened;

Then mail it to the Fair Housing Hub closest to you:

Fort Worth Regional Office of FHEO

U.S. Department of Housing and Urban Development

801 Cherry Street, Unit #45

Suite 2500

Fort Worth, Texas 76102

This Agreement becomes effective and binding upon the COUNTY, CONTRACTOR and the

PROGRAM PARTICIPANT(S) when signed by all parties in the spaces provided below.

^ @

(Print) Company Name (Print) Program Participant

Signature of Contractor / Title Date (Signature) Program Participant Date

ATTEST for CONTRACTOR:

(Print) Spouse or Co-applicant

Printed Name

http://www.hud.gov/complaints/housediscrim.cfm

I.9b. 16

(Signature) Spouse or Co-applicant Date

Signature / Title Date

APPROVED AS TO FORM: APPROVED:

VINCE RYAN HARRIS COUNTY

County Attorney COMMUNITY SERVICES DEPARTMENT

By: By:

Douglas P. Ray Date David B. Turkel Date

Assistant County Attorney Director

MECHANIC’S LIEN CONTRACT

INDIVIDUAL ACKNOWLEDGEMENT


COUNTY OF HARRIS §

This instrument was acknowledged before me on this the ____ day of_______________,

2016, by @.

___________________________________

NOTARY PUBLIC, STATE OF TEXAS

My commission expires: _____________

COMPANY ACKNOWLEDGEMENT


COUNTY OF HARRIS §

This instrument was acknowledged before me on this the ____ day of_______________,

2016, by ^.

I.9b. 17

___________________________________

NOTARY PUBLIC, STATE OF TEXAS

My commission expires: _____________

EXHIBIT A

Administrative Requirements for Grants and Cooperative Agreement to State, Local and

Federally Recognized Indian Tribal Governments, 24 CFR Part 85

(i) Contract provisions.

A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section.

Federal agencies are permitted to require changes, remedies, changed conditions, access and records

retention, suspension of work, and other clauses approved by the Office of Federal Procurement

Policy.

1. Administrative, contractual, or legal remedies in instances where contractors violate or breach

contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts

more than the simplified acquisition threshold)

2. Termination for cause and for convenience by the grantee or subgrantee including the manner

by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment

Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as

supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction

contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)

4. Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in

Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for

construction or repair)

5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by

Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000

awarded by grantees and subgrantees when required by Federal grant program legislation)

6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act

(40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR part 5).

(Construction contracts awarded by grantees and subgrantees in excess of $2000, and in

excess of $2500 for other contracts which involve the employment of mechanics or laborers)

7. Notice of awarding agency requirements and regulations pertaining to reporting.

8. Notice of awarding agency requirements and regulations pertaining to patent rights with

respect to any discovery or invention which arises or is developed in the course of or under

such contract.

I.9b. 18

9. Awarding agency requirements and regulations pertaining to copyrights and rights in data.

10. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of

the United States, or any of their duly authorized representatives to any books, documents,

papers, and records of the contractor which are directly pertinent to that specific contract for

the purpose of making audit, examination, excerpts, and transcriptions.

11. Retention of all required records for five years after grantees or subgrantees make final

payments and all other pending matters are closed.

12. Compliance with all applicable standards, orders, or requirements issued under section 306 of

the Clean Air Act (42 U.S.C. 1857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368),

Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

(Contracts, subcontracts, and subgrants of amounts in excess of $100,000).

13. Mandatory standards and policies relating to energy efficiency which are contained in the

state energy conservation plan issued in compliance with the Energy Policy and Conservation

Act (Pub. L. 94A 163, 89 Stat. 871).

[53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]

8410 Lantern Point Drive Phone: (713) 578-2000

Houston, Texas 77054 Fax: (713) 578-2109

CONTRACTOR: HOMEOWNER ADDRESS START DATE COMPLETED Name Under Which Sub-

Contractor Is Licensed

and Telephone number

License No.

Address of

Office Mill or Shop

Percent of

Total

Contract

Specific Description Of

Subcontract

ELECTRICAL

A/C & HEATING

PLUMBING

EXTERMINATION

CARPENTRY

DEMOLITION

FLOORING

GYPSUM

FOUNDATION

PAINT

ROOFING

Contractor

SUBCONTRACTOR UTILIZATION FORM

Project:

Project No.:

HOUSING

CONSTRUCTION & INSPECTION

SERVICES