HomeMy WebLinkAboutPR 15467: TDHCA INDEMNITY & HOLD HARMLESS AGREEMENTMemo HOUSING ASSISTANCE DIVISION
To: Steve Fitzgibbons, City Manager
From: Rebecca Underhil/, Assistant City Manager
Date: August 27, 2009
Re: P.R. 15467
RECOMMENDATION:
I recommend the City Council adopt Proposed Resolution 15467, authorizing the execution
of an Indemnity and Hold Harmless Agreement "Agreement" between the City of Port
Arthur and Texas Department of Housing and Community Affairs (TDHCA).
BACKGROUND:
The City of Port Arthur Emergency Assistance Program completed homes after the
Hurricane Rita Disaster with CDBG funds executing a five year lien (With Deferral and
Forgiveness Provisions)) with the homeowner for contracts exceeding $5,000. During the
period of affordability (five years) Hurricane Ike struck the community.
The TDHCA CDBG Disaster Recovery Program, Homeowner Assistance Program "HAP", has
identified households in the City of Port Arthur CDBG area to receive assistance with the
CFDA 14.228 Community Development Block Grant Program Funds.
The TDHCA Indemnity and Hold Harmless Agreement ("Agreement") identifies the
applicants who were previously assisted with the City's CDBG funds. The "Agreement" will
allow the homeowner construction of improvements on the property while maintaining the
property as the primary residence.
Listed below are the following TDHCA "Agreements":
Indemnity and Hold Harmless Agreement. The City is the owner and holder of that certain
promissory note in the original principal amount of $6,425 which is secured by a Deed of
Trust dated June 6, 2006 from Annie B. Ambrose to Stephen Fitrgibbons, Trustee to the
City of Port Arthur, recorded in Lien Document Number 2007001726 official of Public
Records of Jefferson County, Texas.
Indemnity and Hold Harmless Agreement. The City is the owner and holder of that certain
promissory note in the original principal amount of $6,500 which is secured by a Deed of
Trust dated June 28, 2006 from Evelyn Madison to Stephen Fitzgibbons, Trustee to the
City of Port Arthur, recorded in Lien Document Number 2006028653 official of Public
Records of Jefferson County, Texas.
Indemnity and Hold Harmless Agreement. The City is the owner and holder of that certain
promissory note in the original principal amount of $6,400 which is secured by a Deed of
Trust dated August 5, 2006 from Angelina Charles to Stephen Fitrgibbons, Trustee to the
City of Port Arthur, recorded in Lien Document Number 2007029483 official of Public
Records of Jefferson County, Texas.
Indemnity and Hold Harmless Agreement. The City is the owner and holder of that certain
promissory note in the original principal amount of $6,500 which is secured by a Deed of
Trust dated October 5, 2006 from Floyd Ella Jenkins to Stephen Fitrgibbons, Trustee to
the City of Port Arthur, recorded in Lien Document Number 2007001719 official of Public
Records of Jefferson County, Texas.
Indemnity and Hold Harmless Agreement. The City is the owner and holder of that certain
promissory note in the original principal amount of $6,450 which is secured by a Deed of
Trust dated September 9, 2006 from LaVonne Carter to Stephen Fitrgibbons, Trustee to
the City of Port Arthur, recorded in Lien Document Number 2007001713 official of Public
Records of Jefferson County, Texas.
STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for
administering the execution of the TDHCA Indemnity and Hold Harmless Agreement.
SUMMARY: I recommend the City Council adopt Proposed Resolution 15467 authorizing the
execution of the Indemnity and Hold Harmless Agreements between the City of Port Arthur
and Texas Department of Housing and Community Affairs (TONGA) for lien holders Annie B.
Ambrose, Evelyn Madison, Angelina Charles, Floyd Ella Jenkins and LaVonne Carter.
P. R. 15467
8/26/09 BF/HOUSING
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INDEMNITY AND HOLD HARMLESS AGREEMENT ~~AGREEMENT")
(ATTACHMENTS 1, 2, 3, 4 AND 5) WITH THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR THE COMPLETION OF
RECONSTRUCTION OF HOMES THAT WERE IDENTIFIED WITH SUBSTANTIAL
DAMAGE CAUSED BY HURRICANE RTfA. THE PROGRAM WILL BE
ADMINISTERED BY THE STATE OF TEXAS CDBG DISASTER RECOVERY
PROGRAM
WHEREAS, pursuant to Resolution No. 06-142, the City obligated itself to
provide owner-occupied home rehabilitation and/or reconstruction assistance for low and
moderate income persons/families; and,
WHEREAS, pursuant to Resolution No. 06-509, the City adopted the Housing
Assistance Rehabilitation Program Guidelines presented by HUD; and,
WHEREAS, the City is the owner and holder of certain promissory notes
executed by the homeowner and secured by Deeds of Trust from the homeowner to the
Trustee for the City, Stephen Fitrgibbons; and,
Whereas, the City of Port Arthur is the owner and holder of that certain
promissory note in the original principal amount of $6,425 which is secured by a Deed of
Trust dated June 6, 2006 from Annie B. Ambrose to Stephen Ftrgibbons, Trustee to the
City of Port Arthur, recorded in Lien Document Number 2007001726 official of Public
Records of Jefferson County, Texas as denoted in the Indemnity and Hold Harmless
Agreement, Attachment °1"; and,
Whereas, the City of Port Arthur is the owner and holder of that certain
promissory note in the original principal amount of $6,500 which is secured by a Deed of
Trust dated June 28, 2006 from Evelyn Madison to Stephen Fitrgibbons, Trustee to the
City of Port Arthur, recorded in Lien Document Number 2006028653 official of Public
Records of Jefferson County, Texas as denoted in the Indemnity and Hold Harmless
Agreement, Attachment"2"; and,
Whereas, the City of Port Arthur is the owner and holder of that certain
promissory note in the original principal amount of $6,400 which is secured by a Deed of
Trust dated August 5, 2006 from Angelina Charles to Stephen Fitzgibbons, Trustee to the
City of Port Arthur, recorded in Lien Document Number 2007029483 official of Public
Records of Jefferson County, Texas as denoted in the Indemnity and Hold Harmless
Agreement, Attachment"3"; and,
Whereas, the City of Port Arthur is the owner and holder of that certain
promissory note in the original principal amount of $6,500 which is secured by a Deed of
Trust dated October 5, 2006 from Floyd Ella ]enkins to Stephen Fitrgibbons, Trustee to
the City of Port Arthur, recorded in Lien Document Number 2007001719 official of Public
Records of Jefferson County, Texas as denoted in the Indemnity and Hold Harmless
Agreement, Attachment "4"; and,
Whereas, the City of Port Arthur is the owner and holder of that certain
promissory note in the original principal amount of $6,450 which is secured by a Deed of
Trust dated September 9, 2006 from LaVonne Carter to Stephen Fitrgibbons, Trustee to
the City of Port Arthur, recorded in Lien Document Number 2007001713 official of Public
Records of Jefferson County, Texas as denoted in the Indemnity and Hold Harmless
Agreement, Attachment "5"; and,
WHEREAS, all Attachments are deemed essential for the completion of
activities undertaken by TDHCA and must principally benefit low and moderate income
persons which has been determined by the parties and is established under the guidelines
of the Housing and Community Development Act of 1974, as amended; therefore,
BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION I. That the facts and opinions in the preamble are true and correct.
SECTION 2. That the City Manager is authorized to execute the "Agreements"
with TDHCA as outlined herein and further described in the attached "Agreements"
marked Attachment "1", Attachment " 2", Attachment " 3", Attachment "4"and Attachment
"5"; and,
SECTION 3. That a copy of the caption of this Resolution be spread upon the
minutes of the City Council.
READ, ADOPTED AND APPROVED this day of
A.D., 2009 at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote: AYES: MAYOR
COUNCILMEM
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED FOR FORM:
~~ ~~~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
REBECCA UNDERHILL
ASSISTANT CITY MANAGER
ATTACWMENT ~~1"
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CFDA 14.228 Community Development Block Grant Program ("CDBG°)
Hurricanes Katrina, Rita and Wilma in the Gulf of Mexico 2005
Federally Declared Disaster Funding Under
Department of Defense Appropriations Act, 2006
CDBG Disaster Recovery Program
Homeowner .4ssistance Program "HAP" or Sabine Pass Restoration Program "SPRP"
Awarding Federal Agency: United States Department of Housing and Urbao Development
TDHCA Federal Award Number: B-06-DG-48-0002
Federal Award Year (Year of Award from HUD to TDHCA): 2006
TDHCA Award Year: 2007
INDEMNITY AND HOLD HARMLESS AGREEMENT
("Agreement"}
THIS AGREEMENT IS MADE BY AND BETWEEN Cit_v of Port Arthur a
{limited partnership/corporatiom'individual etc.] {Hereinafter called
"Indemnitor") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS, a public and official agency of the State of Texas (hereinafter called "TDHCA"), on
this the day of , 2009.
WITNESSETH:
WHEREAS, Indemnitor is the owner and holder of that certain superior promissory note
executed by Annie B. Ambrose in the original principal amount of $6,425.00 which is secured
by a superior Deed of Trust dated June 6, 2006 from Annie B. Ambrose to Stephen
Fitzgibbons Trustee , recorded in Lieu Document Number 2007001726 official of Public
Records of Jefferson County,. Texas, (hereinafter called "Mortgage Lien"), upon and against the
following described real property:
The real property described in Exhibit "A" attached hereto and located in
Jefferson County, Texas (hereinafter called "Property"); and
WHEREAS, Homeowner and TDHCA have executed, or plan to execute, a CDBG
Disastcr Recovery IIAP or SPRP Program Grarrt Agreement ("Grant Agreement") for TDHCA
to grant funds to Homeowner for installation and/or construction of improvements on the
Property in accordance with the CDBG regulations; and
R'HEREAS, Homeowner; TDHCA, and a contractor (the "Contractor") approved by
Homeowner and TDHCA, have executed, or plan to execute, a CDBG Disaster Recovery HAP
or SPRP Program Construction Grant Agreement ("Construction Grant Agreement") relating to
the manner of disbursement of the grant proceeds under the Grant Agreement to or for the benefit of
Homeowner and for installation and/or construction of improvements on the Property, subject to
the terms contained therein: and
20090518 "TDHCA Grant Indemnity and Hold Harmless Agreement Page 1 of 4
File # 1219-_ 192400!6021
WHEREAS, Indemnitor has been requested. to consent to the planned demolition and
replacement or rehabilitation of all or some improvements on the Property for which the
TDHCA's funds will be used; and
WHEREAS, the TDHCA declines to disburse the funds under the Grant Agreement or
Constnlction Grant Agreement for said activity on the Property unless Indemnitor consents to the
demolition and replacement or rehabilitation of improvements on the Property and indemnifies
and holds harmless the TDHCA from any loss, reduction of value or damage which may result
from said activity;
NOW, THEREFORE, in consideration of the premises, parties hereby agree as follows:
1. In consideration for the TDHCA's agreement to disburse funds, or to evaluate
Homeowner's application for the receipt of funds, under the Grant Agreement and Construction
Grant Agreement to improve the Property used as collateral under the Mortgage Lien,
Indenmitor hereby releases, waives, discharges and covenants not to sue the TDHCA, its
officers, agents, or employees from any and all liability, claims, demands, actions and causes of
action whatsoever arising out of or related to any loss, reduction of value or damage to the
Property in the demolition, rehabilitation and/or constmction of improvements on the Property,
whether caused by the negligence of the TDHCA, its agents, Homeowner, Contractor, or
otherwise, while performing or funding such activity.
2. Indemnitor also has a signiLcant financial interest in the Property to be demolished and
rehabilitated. Accordingly, Indemnitor and TDHCA furthcr agree as follows:
A. Indemnitor is fully aw~aze of the risks involved with the demolition and construction of
improvements on the Property, including but not limited to the depreciation of value in
the collateral securing Indemnitor's Mortgage Lien, and Indemnitor hereby conscnts to
said activity by Contractor and their employees and sub-contractors, including the
funding of said activity by TDHCA, with full knowledge that said activity may damage
and/or reduce the value of the collateral securing Indemnitor's Mortgage Lien.
B. Indemnitor further hereby agrees to indemnify and hold harmless the TDHCA, its
officers, agents, or employees tiom any loss, liability, damage or costs, including court
costs and attome}~ fees, that they may incur duc to claims made by Indemnitor, its
affiliates, subsidiaries, parent companies, assignees and/or any third parties who aze party
to a contractual service agreement with Indemnitor, relating to the TDHCA's
disbtusement of grant funds under the Grant Agreement and Construction Grant
Agreement nr the performance by Contractor or subcontractors under the Construction
Grant Agreement for the demolition and construction of improvements on the Property,
whether caused by negligence of the TDHCA, its agents, Homeowner, Contractor and
their employees and sub-contractors, or otherwise.
C. Indemnitor understands that the TDHCA does not maintain any insurance policy
covering any circumstance arising from Indemnitor's consent to the demolition and
Constnlction of the Propert}° which serves as collateral for the Mortgage Lien.
200401 18 TDHCA Grant Indemnity and Hdd Harmless Agreement Page 2 of 4
File b 1219-2192400/6021
3. It is the parties express intent that this Agreement shall bind the parties hereto and their
respective successors and assigns. The parties hereby further agree that this Agreement shall be
construed in accordance with the laws of the State of Texas.
4. In signing this Agreement, Indemnitor acknowledges and represents that Indemnitor has
read the foregoing Agreement, understands it and signs it voluntarily as Indemnitor's own free
act and deed. No oral representations, statements, or inducements, apart from those expressly set
forth in this Agreement, havc bccn made.
5. The person signing this Agreement on behalf of each party represents that he or she has
the full legal authority to execute this Agreement on behalf of the party for which he or she
signs.
IN WITNESS WHEREOF, Indemnitor and TDHCA have executed this Agreement to be
effective as of the date first above written.
City of Port Arthur
By:
Name:
Title:
Date:
20090518 7DHCA Grant Indemnity and Huld Harmless Agreement Pege 3 of 3
Filc N 1219-2192JOOi6021
TDHCA:
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS, a public and official
agency of the State of Texas
sy:
Name:
Title:
Date:
200905 [8 TDHCA Grant Indemnity and Hold Harmless Agreement Page 4 of 4
File til?19.2192400!603!
ATTACHMENT ~~2"
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CFDA 14.228 Community Development Block Grant Program ("CDBG")
Hurricanes Katrina, Rita and Wilma in the Gulf of Mexico.2005
Federall}• Declared Disaster Funding Under
Department of Defense Appropriations Act, 2006
CDBG Disaster Recovery Program
Homeowner Assistance Program "HAP" or Sabine Pass Restoration Program "SPRP"
Awarding Federal Agency: United States Department of Housing and Urban Development
TDHCA Federal Award Number: B-06-DG-48-0002
Federal Award Year (Year of Award from HUD to TDHCA): 2006
TDHCA Award Year: 2007
INDEMNITY AND HOLD HARMLESS AGREEMENT
("Agreement")
THIS AGREEMENT 1S MADE BY AND BETWEEN City of Port Arthur a
[limited partnership/corporation/individual etc.] (Hereinafter called
°Indemnitor") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS, a public and official agency of the State of Texas (hereinafter called "TDHCA"), on
this the day of , 2009.
WITNESSETH:
WHEREAS, Indemnitor is the owner and holder of that certain superior promissory note
executed by Evenly Madison in the original principal amount of 56,500.00 which is secured by
a superior Deed of Trust dated June 28, 2006 from Evenly Madison to Stephen Firtzgibbons
Trustee. recorded in Lien Document Number 2006-28653 official of Public Records of
Jefferson County, Texas, (hereinafter called "Mortgage Lien"), upon and against the following
described real property:
The real property described in Exhibit "A" attached hereto and located in
Jefferson County, 'Texas (hereinafter called "Property"); and
WHEREAS, Homeowner and TDHCA have executed, or plan to execute, a CDBG
Disaster Recovery -HAP or SPRP Program Grant Agreement ("Grant Agreement") for TDHCA
to grant funds to Homeowner for installation and/or construction of improvements on the
Property in accordance with the CDBG regulations; and
WHEREAS, Homeowner, TDHCA, and a contractor (the "Contractor") approved by
Homeowner and TDHCA, have executed, or plan to execute, a CDBG Disaster Recovery HAP
or SPRP Program Construction Grant Agreement ("Construction Grant Agreement") relating to
the manner of disbursement of the grant proceeds under the Grant Agreement. to or for the benefit of
Homeowner and for installation and/or construction of improvements on the Property, subject to
the terms contained therein; and
2P090? 18 TDHCA Grant indemnity and Hold Harmless Agreement Page ] of 4
File #1?79.219U707~7346
WHEREAS. Indemnitor has been requested to consent to the planned demolition and
replacement or rehabilitation of all or some improvements on the Property for which the
TDHCA's funds will be used; and
WHEREAS. the. TDHCA declines to disburse the funds under the Grant Agreement or
Construction Grant Agreement for said activity on the Property unless Indemnitor consents to the
demolition and replacement or rehabilitation of improvements on the Property and indemnifies
and holds harmless the TDHCA from any toss, reduction of value or damage which may result
from said activity:
NOW, THEREFORE, in consideration of the premises, parties hereby agree as follows:
1. In consideration for the TDHCA's agreement to disburse funds, or to evaluate
Homeowner's application for the receipt of funds, under the Grant Agreement and Construction
Grant Agreement to improve the Property used as collateral under the Mortgage Lien,
Indemnitor hereby releases, waives, discharges and covenants nol to sue the TDHCA, its
officers, agents; or employees from any and all liability, claims, demands, actions and causes of
action whatsoever azising out of or related to any loss, reduction of value or damage to the
Property in the demolition, rehabilitation and/or construction of improvements on the Propert}•,
whether caused by the negligence ot; the TDHCA, its agents, Homeowner, Contractor, or
otherwise, while performing or funding such activity.
2. Indemnitor also has a significant financial interest in the Property to be demolished and
rehabilitated. Accordingly, Indemnitor and TDHCA further agree as follows:
A. Indemnitor is fully aware of the risks involved with the demolition and construction of
improvements on the Property, including but not limited to the depreciation of value in
the collateral securing Indemnitor's Mortgage Lien, and Indemnitor hereby consents to
said activity by Contractor and their employees and sub-contractors, including the
funding of said activity b}- TDHCA, with full knowledge that said activity may damage
and/or reduce the value of the collateral securing Indcmnitor's Mortgage Lien.
B. Indemnitor further hereby agrees to indemnify and hold harmless the TDHCA, its
officers, agents, or employees from any loss, liability, damage or costs, including court
costs and attomcy fees, that they may incw due to claims made by Indemnitor, its
affiliates, subsidiaries, parent companies, assignees and/or any third parties who aze party
to a contractual service agreement with Indemnitor, relating to the TDHCA's
disbtusement of, grant funds under the Grant Agreement and Construction Grant
Agreement or the performance by Contractor or subcontractors under the Construction
Grant Agreement for the demolition and construction of improvements on the Property,
whether caused by negligence of the TDHCA, its agents, Homeowner; Contractor and
their employees and sub-contractors, or otherwise.
C. Indemnitor understands that the TDHCA does not maintain any inswance policy
covering any circumstance arising from Indemnitor's consent to the demolition and
construction of the Property which serves as collateral for the Mortgage Lien.
20090518 TDHCA Grant Indemnity and Hold Harmless Agreement Page 2 of A
File N1219.21907077734b
3. It is the parties express intent that this Agreement shall bind the parties hereto and their
respective successors and assigns. The parties hereby further agree that this Agreement shall be
construed in accordance with the laws of the State of Texas.
4. In signing this Agreement, Indemnitor acknowledges and represents that Indemnitor has
read the foregoing Agreement, understands it and signs it voluntazily as Indemnitor's own free
act and deed. No oral representations, statements, or inducements, apart from those expressly set
forth in this Agreement, have been made.
~. The person signing this Agreement on behalf of each party represents that he or she has
the full legal authority to execute this Agreement on behalf of the party for which he or she
signs.
IN WITNESS WHEREOF, Indemnitor and TDHCA have executed this Agreement to be
effective as of the date first above written.
City of Port Arthur
sy:
Name:
Title:
Date:
2U090518 TllHCA Grant Indemnity and Hold Harmless Agreement Page 3 of 4
File # 12 ] 9-219010717346
TDHCA:
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS; a public and official
agency of the State of Texas
sy:
Name:
Title:
Date:
20090518 TDHCA Grant Indemnitq and Hold Harmless Agreement Page 4 of 4
File k 1219-2190707/73A6
ATTACHMENT " 3"
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CFDA 14.228 Community Devclopment Block Grant Program ("CDBG")
Hurricanes Katrina, Rita and Wilma in the Gulf of Mexico 2005
Federalty Declared Disaster Funding Under
Department of Defense Appropriations Act, 2006
CDBG Disaster Recovery Program
Homeowner Assistance Program "HAP" or Sabine Pass Restoration Program "SPRP"
Awarding Federal Agency: United States Department of Housing and Urban Development
TDHCA Federal Award Number: B-06-DG-48-0002
Federal Award Year (Year of Award from HUD to TDHCA): 2006
TDHCA Award Year: 2007
INDEMNITY AND HOLD HARMLESS AGREEMENT
("Agreement")
THIS AGREEMENT IS MADE BY AND BETWEEN City of Port Arthur a
(limited partnership~corporation/individual etc.} (lereinafter called
"Indernnitor") and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS, a public and official agency of the State of Texas (hereinafter called "TDHCA"), on
this the _ day of , 2009.
WITNESSETH:
WHEREAS, Indemnitor is the owner and holder of that certain superior promissory note
executed by Angelina Charles in the original principal amount of $6,400.00 which is secured by
a superior Deed of Trust dated August O5, 2006 from Angelina Charles to Stephen
Fitzgibbons Trustee , recorded in Lien Document Number 2007029483 official of Public
Records of Jefferson County, Texas, (hereinafter called "Mortgage Lien"), upon and against the
following described real property:
The real property described in Exhibit "A" attached hereto and located in
Jefferson County, Texas (hereinafter called "Property"}; and
WHEREAS, Homeowner and TDHCA have executed, or plan to execute, a CDBG
Disaster Recovery HAP or SPRP Program Grant Agreement ("Grant Agreement") for TDHCA
to grant funds to Homeowner for installation and~or construction of improvements on the
Property in accordance with the CDBG regulations; and
WHEREAS, Homeowner, TDHCA, and a contractor (the "Contractor") approved by
Homeowner and TDHCA, have executed, or plan to execute, a CDBG Disaster Recovery HAP
or SPRP Program Construction Gran[ Agreement ("Construction Grant Agreement") relating to
the manner of disbursement of the grant proceeds under the Grant Agreement to or for the benefit of
Homeowner and for installation and!or construction of improvements on the Property, subject to
the terms contained therein; and
20090518 TDHCA Grant lndemniry and Hold Harmless Agreement Page 1 of 4
Fik 171219.219380214252
WHEREAS, lndemrtitor has been requested w consent to the planned demolition and
replacement or rehabilitation of all or some improvements on the Property for which the
TDHCA's funds will be used; and
WHEREAS, the TDHCA declines to disburse the funds under the Grant Agreement or
Construction Grant Agreement for said activity on the Property unless Indemnitor consents to the
demolition and replacement or rehabilitation of improvements on the Property and indemnifies
and holds harmless the TDHCA from any' loss, reduction of value or damage which may result
from said activity;
NOW, THEREFORE, in consideration of the premises, parties hereby agree as follows:
L In consideration for the TDHCA's agreement to disburse funds, or to evaluate
Homeowner's application for the receipt of funds, under the Grant Agreement and Construction
Grant Agreement to improve the Property used as collateral under the Mortgage Lien,
Indemnitor hereby releases, waives, discharges and covenants not to sue the TDHCA, its
officers, agents, or employees from any and all liability, claims, demands, actions and causes of
action whatsoever azising out of or related to any loss, reduction of value or damage to the
Property in the demolition, rehabilitation attd/or construction of improvements on the Property,
whether caused b}' the negligence of the TDHCA, its agents, Homeowner, Contractor, or
otherwise, while performing or fimding such activity.
2. Indemnitor also has a significant financial interest in the Property to be demolished and
rehabilitated. Accordingly, Indemnitor and TDHCA filrther agree as follows:
A. Indemnitor is fully aware of the risks unsolved with the demolition and construction of
improvements on the Property, including but not limited to the depreciation of value in
the collateral securing Indemnitor's Mortgage Lien. and Indemnitor hereby consents to
said acrivity by Contractor and their employees and sub-contractors, including the
funding of said activity by TDHCA, with full knowledge that said activity may daniage
and/or reduce the value of the collateral securing Indemnitor's Mortgage Lien.
B. Indemnitor further hereby agrees to indemnify and hold harmless the TDHCA; its
officers, agents; or employees from any loss, liability, damage or costs, including court
costs and attorney fees, that they may incur due to claims made by Indemnitor, its
affiliates, subsidiaries, parent companies, assignees and/or any third parties who are party
to a contractual sen'ice agreement with Indemnitor, relating to the TDHCA's
disbursement of gran) funds wider the Grant Agreement and Construction Grant
Agreement or the performance by Contractor or subcontractors under the Construction
Grant Agreement for the demolition and construction of improvements on the Property,
whether caused by negligence of the '1 DHCA, its agents, Homeowner, Contractor and
their employees and sub-contractors, or otherwise.
C. Indemnitor understands that the TDHCA does not maintain any insurance policy
covering any ciretunstance arising from Indemnitor's consent to the demolition and
construction of the Property which serves as collateral for the Mortgage Lien.
20090518 TDHCA Grant Indemnitr• mid Hold Harmless Agreement Page 2 of 4
Fi4 M7219-2193802!5252
3, ll is the parties express intent that this Agreement shall bind the patties hereto and their
respective successors and assigns. The parties hereby further agree that this Agreement shall be
construed in accordance with the laws of the State of Texas.
4. In signing this Agreement, Indemnitor acknowledges and represents that Indemnitor has
read the foregoing Agreement, understands it and signs it voluntazily as Indemnitor's own free
act and deed. 130 oral representations, statements, or inducements, apart from those expressly set
forth in this Agreement, have been made.
5. The person signing this Agreement on behalf of each party represents that he or she has
the full legal authority to execute this Agreement on behalf of the party for which he or she
signs.
IN WITNESS WHEREOF, Indemnitor and TDHCA have executed this Agreement to be
effective as of the dale first above written.
City of Port Arthur
a
By:
Nance:
Title:
Date:
Page 3 of 4
20090518 TDHCA Gram Indzmniry and Hold Harmless Agreement
Filc H 1219-2193802id252
A°~"PACHIVIEN'T '~4"
"1'1•;.CAS DF,PAR'I'141EN'1' OF 110USiNC AND COMMUNITY AFFAl125
CPUA IA.22R Community Development 131ock (,rmt Prn~mm ("CUBG")
Hurtiumcs Katrina, lino and Wilma in tIK~ Golf of Mcxicu ZU05
Federnlly Declared Disaster Fundutg Under
Department of Dcfrnse Appropriations Aet, 200[,
CURD Dix:wvt~+r RtY~rvcty 1'rv~rrm
(°IGrmeowner Assisbrnce ItroKrnn'•HAP" or Sabine Pass Restoration Yro~mm "SYRP" ")
,4wenlin~ 1%cderal Apency: lJnitcd States Department of Ilousin~ and Urban llevclopment
TDiIC,\ Fedcr;rl Award Number: R-0(-DC-41i-0002
Fcdct :rl Award Ycar (Year of Award from H1JU to Tl)HC'A): ZOUG
'1'UIICA Award Ycar: 211117
INDEMN.-TY AND HOLD HARMLESS AGREEMENT
("A(;reement")
"PHIS AGI2GG~9i•:N'I' IS ~tAl)E 131' AND 13I:`fWEGN CITY OF YOR'1' AR'f11UR.,.,
a (limited partaership/corpurativn/individual etc.J (hcrcinaftzr allied
..._
"Tndclnnitor") :uui TT\:1S UEYAIi"1'MTNT OF HOlIS1Nf: AND COMMUNITY
:\FF:11RS, a puhl is sod vilicial agzncy o1'thc State of Texas (hcroinaftcr called ""fDIICA"), nn
ibis the __-___ day of ___ _..--_--_J, 20
W I'1'NIiSSli'fI1:
WITF.Ri?A5, Indentnitor ix the ownzr and holder of that tahtain superior promissory, notz
executed by FLOYD !?l.f~:1 .1GNir;I:VS ("Ikmtzowner") in the original principal amount of
SG,51111.IN1, which is secured by a superior Deed of "Trust dated October 5, 200G !i•om
lhnnco+vnzr to S'fLP111iN FITZGIi3130N5, "I'nlstuc, recorded in ZUU7W1719 of the Ollicial
}'tlblic Records of,iL;FFLRSON Cuunty, Texas, (hereinaftercalled "Mortgage-Lien"), upon and
against the ti>Ilo+vittg dcxerihcd real property:
Lot Number Ten (10), in (/lock Number 'Cwo-llundred Ninr. (209 of the
CTTY OF PORT ART}(i1R, .lefferson County, Tea:+., according fat the map
yr plat thereof filed of rcrord in Volume 1, Pale 49, of'1'he Map Records of
.leffct•son (:'onnty, "I'csas nt Ileaunutnf.. (hcreinallor called "Yropertv'"); and
N'IIRRI!:AS, liontcomler and '1'Dl•1CA have executed, or plan to execute. a Cll13G
Disaster Rt:cavcry IL11' or 5I'RP I'rol,~nrn Grant Agreement ("Grant Agreemchtt") lbr TDIICA
to grant funds to }lotncowncr 1'or installation and/or constnlctiun of improvements on the
fropzrty in acwrdance with the Cl)BCi regulations; and
\VI-lEI2E:.4ti, Ilomeownzr, `1'llllC.~. and a coniracl~r (the "Contractor") approved by
Huntcowncr autd'1'DIIC:1. have executed. or plan to execute, a CDI1C, Disvetcr Recovery fIAP
or SI'R1' Yrotram Constnlction Grant Atrcancnt ("Constniclion Grant Agreement") relating, to
the manner of disbursement ul'thc grant jmx:ccds under the Grant Agrecmenl lv yr fiir Utc benefit of
tUUJU'.l8 TI?Hi'A Gmni SuckMtip Indcrnnity :u,d Hold H~arndtss Agranmm Pagc 1 .1'4
File R I) t 7-I 99ti 105 l 25552.110
Tiomcowncr and fix installation an<tlnr artstntcl.ion of improventc~ttls on the Prolteny, suhjcM to
the leans contained therein: and
~VII);RTAS, Indcmnitor has lx;cn requested to consent to the planned demolition and
replacement or rehabilitation of all or sotrn improvements nn the Property for which the
1'1)IiCA's funds will he used; and
Wlil'sRHA5, the 'I'DIICA declines to disbutne the funds under the Grant Agr~romcnt or
Consuvetion Cinnt Agreement for said activity on the Property unless Indentnitor consents to the
demolition and rcplaccnteni or rehabilitation o1' improvetmnts on the pritp~ti1y amd indcmnitics
and holds harmless the TnIICA from any loss, redaction of value or damage which may result
tiom said activih;
NOW,'1'HSILEFORIi, in consideration ofthc premises, parties hereby agreras follows:
1. In consideration .fur the TDIICA's agreement to disburse tiutds, or to evaluate
lhmtcowncr's applicatirnt for the receipt ol'tunds, under the Grant Agreest)ent and Construction
Grant Agrocmcut to improve the Property used as collateral under the Mortgage l..icn,
htdcntnitor hereby rcleas~~;, waives, discharges and covenants rwt to sue the 'I'nHCA, iLa
oCGccn, agents, or untployws from mtv and alt liability. claims, demands, actions-:tad causes of
action. whatsoever arising out of or related to any loss, reduction of value or damage to the
Property in the dcmolitism, rehabilitation and/or constntcl.ion oC ifnprovemvtitls on the Property,.
whother caused by the negligence of tttc.TnHCA, its agents, ilomcrowner, Contractor, or
otherwise, white performing or lwtding such activity.
2.. Indentnitor also has a signilirant financial interest in the Property to be dcmolishcd and
rehabilitated. Accordingly, indemnitor and'I'DHCA titnhcr agree as follows:
.\. Indcmnitor ix filly aware of the risks involved with the demolition-and wnst.nttKion of
improvements on the Properly, including but not limited to the dcprociation of value in
the collalcrai securing lndcmnitor's Dortgage Licn.:utd lndcmtiitor hereby consents to
said activity by Contractor and their csnpinyees and sub-contractors, including thu
hording of said activity by TDHCA, with till knowledge that said activity may damage.
author reduce the value o1'the atllatcral k;curiug lndenmitor's Mortgage Licn.
13. indcmnilor further hereby agrees to indemnify and hold harmless the '1 UHCA, its
olliccrs, agents, or employees from :uty loss, liability, damage or costs, including court
costs end attnmoy tees, th:u they oral' inalr clue to the TDHCA's dishurseinant of gr:mt
tinuis under the Grant. Agreement and Construction Grutt Agreement or the perfonttanec
by Contractor or subcontractors under the Construction Cirant. rlgrcement tier the
demolition :utd conslntetiun of intprovcntcnts on flee Property, whether caused by
negligence of the TDTICA, its agents, Homeowner, Contractor and their employees and
sish-comractors ,or ulhctwisc.
2UU'~n7I s TDHCA Grans Stickb~rilt hxl~~nnity wtd Hotel H~un7lcss Ap~ecmenf Fade 2 nl' a
Filetl1219.179fi105~25557. 11^
C. indcrnnitor understands that the TDl-ICA does not maintain any iessurance policy
covering any circumstance arising from Indemnitor's consent to the demolition and
construction of the Property which serves as collateral for die Mortgage Lien.
1, 1t is the parties express intent that this Agreement s1k~11 bind the parties-hereto and their
reslxctive successors and assigns. '11+c panics hereby further a~w that this Agreement shall be
coastnled in accordance with the laws of the State of Texas.
~t. In signing this Agreement. Indcmnitor acknowledges and represents that Indcmnitor has
read the foregoing Agrccmv-Itt, understands it and signs it voluntarily as indcKnnitor's own tree
act and deed. No oral representations, slatrmcnts, or inducements, apart from those cxpresciy set
lurth in this A€rcentent, have been mode.
5. 'The parson siding this :lgrecment nn behalf of each party represents that he or she has .
the lull legal authority to csccutc [his Agreement rn+ bchall' 01' the party for which Ile or she
signs.
IN WITNESS WIlERLOF. Indcmnitor :md "I'UHCA have: executed this Agmement to be
cfI'c~tivc as ofthe date first. above wrstten.
INl)G]VINITOR:
~~.
Name: S% /n~~q ~ ~2g , C/Uf17 1
'1'itlc: ~ ~A n w n c' r
Date: y
'00?U21 K ~{~UN<:A i;nml Suckbailt Indemnity and Hold linnnle~c Agreement Yuge 3 vr4
Fi lc 7:1 J,19-1'~)tilUS! 25552410
'1'DIICA:
T>itAS 1)EPA12'1'Ml"sN'1'
COl<1M1.JNITY Ak'FA1125
agency of the St:+le of'1'¢xas
liv:
N:nnr.
fitlu:
llate:
OP HOLISING ANll
a public and utTici:+I
2ngVU2I H 7-llNCA lir:un titick6uiL Ind~nniry mid Hold }fartnlcss Agrcemc1d I'ugc a of a
r~~ nlne• imio)os; isssza) o
ATTACHMENT ~~5"
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIItS
CFDA 14.228 Community Development Block Grant Program ("CDBG°)
Harricanea Katrina, Rita and Wibaa io the Gaff of Marten 2005
Federally Declared Disaster Funding Under
Department of Defense Appropriations Aet, 2006
CDBG Divaater Recovery Program
("Homeowner Assistance Program "HAP" or Sabine Pass Restoration Program "SPRP"'~
Awarding Federal Agency: United States Department of Honsiog and Urban Development
TDHCA Federal Award Number. B-06-DG~8-0002
Federal Award Year (Year of Award from HUD to TDHCA): 2006
TDHCA Award Year. 2007
INDEMNITY AND HOLD HARMLESS AGREEMENT
("Agreement")
THIS AGREEMENT IS MADE BY AND BETWEEN ~ty of Port ArWnr
a [limited partaeishipkotporatioa/mdividual etc.] (hereinafter called
"Indemnitor'~ and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS, a public and official agency of tbe State of Texas (hereinafter called "'1'DHCA'~, on
this the day of , 2U09.
WIINESSETH:
WHEREAS, Indemnitor is the owner and holder of that certain superior promissory note
executed by ^ ("Homeowner") in the original principal amour of 56,450.00, which is secured by
a superior Deed of Trust dated September 9, 2006 from LaVonne Carter tiD Stephea
Fitzgibbons, City Manager, City of Port Arthur, Trustee, recorded in Lieu Doctmment Number
2007001713 Public Records of Jefferson County, Texas, (hereinafter called "Mortgage Lien"),
upon and against the following described real property:
The real property described in Exbibit "A" attached hereto and located in
Jefferson County, Texas (hereinafter called "Property'; and
WHEREAS, Homeowner and TDHCA have executed, or plan m execute, a CDBG
Disaster Recovery HAP or SPRP Program Grant Agreement ("Grant Agreement's for TDHCA
to grant funds to Homeowner for installation and/or coast[uction of impntvements on the
Property in accordance with the CDBG regulations; aad
WHEREAS, Homeowaer, TDHCA, and a Contractor (the "Contractor") approved by
Homeowner and TDHCA, have executed, or plan to execute, a CDBG Disaster Recovery HAP
or SPRP Program Construction Grant Agreement ("Construction Gtant .4gmeoseaP~ relating to
the manner ofdisbtnsemeat of the grant proceeds ands the Grant Agrceoicet to or for the bece6t of
Homeowner and for installation and/or consituction of improvements on the Property, subject to
the terms contained therein; and
roHCA Grant Stiel;bnilt Indwmity mid Hold Fla~mles Agwomt Page 1 of 4
rotten azaz
~toots~t3
WHEREAS, Indemnitor has been requested to consent to the planned demolition and
replacement or rehabilitation of all or some improvements on the Property for which the
TDHCA's fimrLs will be used; and
WHEREAS, dle TDHCA declines to disburse the funds under the Grant Agreement or
Construction Grant Agreement for said activity on the Property unless Indemnitor consents to the
demolition and replacement or rehabilitation of improvements on the Property and indemnifies
and holds harmless the TDHCA fiom any loss, reduction of value or damage which may resuh
from said activity;
NOW, THEREFOItF., in consideration of the premises, parties hereby agree as follows:
1. In consideration for the TDHCA's agreement to disburse funds, or to evaluate
Homeowner's application for the receipt of funds, under the Grant Agreement and Constroction
Grant Agreement to improve the Property used as wllateral under the Mortgage Lien,
Indemaitor hereby releases, waives, discharges and rnveaants not to sne the TDHCA, its
officers, agents, or employees f:om any and all liability, claims, demands, actions and causes of
action whatsoever arising out of or related to any loss, reduction of value or damage to the
Property in the demolition, rehabilitation and/or construction of improvements on the Propctty,
whether caused by the aegGgence of the TDHCA, its agerrts, Homeowner, Contractor, or
otherwise, white performing or finding such activity.
2. Indemnitor also has a significant financial interest in the Property to be demolished and
rehabilitated. Accordingly, Indemnitor and TDHCA fiather agree as follows:
A. Indemnitor is fully aware of the risks involved with the demolition and wnstrucrion of
improvements on the Property, including but not limited to the depreciation of value in
the collateral sect>ong Irtdenulitor's Mortgage Lien. and Indctmlitor hereby wnswts to
said activity by Contractor and their employees and subcontractor;, inchrd'mg the
funding of said activity by TDHCA, with fiill knowledge that said activity may damage
and/or reduce the value of the collateral securing tndemnitor's Mortgage Lien
B. Ind~rtitor furtber hereby agrees to indemnify and hold harmless the TDHCA, its
officers, agents, or employees from any loss, liability, damage or ~, including wort
vests and attorney fees, that they may incur dne to the TDHCA's disbursemem of grant
funds under the Grant Agreement and Constntction Grant Agreement or the performance
by Contractor or subcontractors under the Construction Grant Agreemem for the
demolition and wnstnrction of .improvements on the Property, whether caused by
negligence of the TDHCA, its agents, Homeowner, Contractor and their employees and
sub-contractors >or otherwise.
C. Indemnitor undeastands that the TDHCA does not maiMa;n any insurance policy
wvering any circumstance arising from Indemnitor's wnsent to the demolition and
wnslnrctian of the Property which serves as wllateral for the Mortgage Lien.
TDHCA C>~t Srtck6u0l ledannity noel Hold Harmless Agr~t Page 2 of A
TDHCA 4242
3. It is the parties express intent that this Agreement shall bind the parties hereto and their
respective stirs and assigns. The parties hereby further agree that this Agreemect shall be
constnred in accordance with the laws of the State of Texas.
4. In signing this Agreement, hrdemnitor acknowledges and represenu that Indemrritor has
read the foregoing Agreement, understands it and signs it voluntarily as Indemnitor's own free
act and deed. No oral represemations, statemems, or inducements, apart from those expressly set
forth in this Agrcement, have been made.
5. The person signing this Agreemect on behalf of each party repmeseau that he or she has
the full legal authority to execute this Agreement on behalf of the party for which he or she
signs.
IN WTfNF.SS WHEREOF, Indemnitor and TDHCA have executed this Agreement to be
effective as of the date first above written.
L51y of Port Arthur:
Y
a
Name: S~t r c ~Ii,~Z a i h~~ns
Title: ~ ~ T~R •. ~~ /'
Dale: ~ I a-~I o y
7DHCA Gant S4ekbmll Ldmiaily and Hdd Era~mless Agaaoent Page 3 or4
7DIICA 4242
TDHCA:
TEXAS DEPARTMENT'
COMMUNITY AFFAIRS
agency of the State of Texas
T;y:
Name:
Tide:
Date:
OF HOUSING AND
a public and official
77)HCA G'mrt Sdddwh Ind®nity aid Hold Nmmlca Agmemmt Page 4 of4
1DHCA 4242