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HomeMy WebLinkAboutORD 19-054ORDINANCE NO. 19-054 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 19- 011 BY ALLOWING FOR A NINETY (90) DAY EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and; WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 amending Ordinance No. 17-059 by'allowing for a six (6) month extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and, WHEREAS, on March 19, 2019, the City Council of the City of Beaumont, Texas adopted Ordinance No. 19-011 amending Ordinance No. 18-053 by allowing for a ninety (90) day extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and WHEREAS, it was not until November 2018 that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's Assistance Program (HAP), the primary program ,for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is recommending an additional ninety (90) day extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension; and, WHEREAS, a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend Ordinance No. 19-011 to allow a ninety (90) day deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. THAT Ordinance 19-011 is hereby amended to allow a ninety (90) day deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey. Section 3. THAT as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension. Section 4. THAT a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance. Section 5. THAT if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. THAT any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of September, 2019. OF� v 4 , A-0 ���� •� � - or cky Ames - W ORDINANCE NO. 19-011 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 18- 053 BY ALLOWING FOR A SIX (6) MONTH EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS- TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE -PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and; WHEREAS, on September 18,2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 amending Ordinance No. 17-059 by allowing for a six (6) month extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary- living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and, WHEREAS, it was not until November 2018 that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's EXHIBIT "A" Assistance Program (HAP), 'the primary program for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is recommending an additional six (6) month extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension; and, WHEREAS, a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the, resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend Ordinance No. 18-053 to allow.a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair 'or reconstruction of damage to property caused by Hurricane Harvey; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 1 F Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. THAT Ordinance 18-053 is hereby amended to allow a six (6) month deadline extension, with Council approval; for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey. Section 3. THAT as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension. Section 4. THAT a ninety (90) day extension could then be granted by the City Council if the home -is still under construction, the resident is in litigation with their insurance company, or if they have applied for 'and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance. Section 5. THAT if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular'set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and 'provisions of this ordinance are declared to be severable. Section 6. THAT all ordinances or parts of ordinances in conflict herewith are repealed to I the extent of the conflict only. 11 Section 7. THAT any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section )1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - , sP.fi'A'JC1 �Xayor Becky Ames - BEAUMONT Planning 8 Communay Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address: A5.555- F`[° G _ Date Application Received: OwnerName Address ZIP Phone 110.00/-3 `� 2-q tyleFift.JAr ,A masS &slv l v►. &NC%11C.7771_� Occupant Name Address ZIP Phone Reason for request (please check all categories thaapply and describe below): (A) Actively Working on home (B) Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: CategoryA: Copy of your building permit; photographs of work done, any contracts for work currently being done CategoryB: statement of date of application, agency that you applied with for Disaster Recovery funds and current status. Cate¢ory C: Statement from vour attomev or other Daoerwork substantiatme active litieation with vour insurance carrier. DATE Recommendation of Planning Manager: Approve Deny Date of Review Date forwarded to the City Council for review: Date of Councrfl Hearing: Counctfl Disposition Approved Denied Date of Disposition Approved by Zoning Official• Date: 9/3/2019 Mail - Adina Josey - Outlook **EXTERNAL** Michael Corbin michaelcorbin59@gmail.com Tue 9/3/2019 12:27 PM To: Adina Josey <Adina.Josey@BeaumontTexas.gov> This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. nin1 l Verizon 12:24 PM 1 47% ■ D fi cd rporta I prd.dyna mi cs365 portals. us application, please email cdr@glo.texas.gov or call 1-844-893-8937 or 512-475-5000, My submitted AppLication Summal Status Reason Created On Co-AppReant Name Project Review 12/12%2018 11:04 AM Address 1 10355 Dust/ Lane https://outlook.office.com/mai Ifinboxrd/AAM kADAzODk2Y7IkLTc4ZjQtNGQ5NyO5NjdmLTA4NmJlMjBjNTAwNABGAAAAAADLNNapnQn%2BTozPZzLz... 113 EAU`S Planning & Community Development City of Beaumont Harvey Mobile"Housing Unit Extension Application Trailer Address: Date Application Received: Owner Name Address ZIP Phone Cell Phone/Pager John W. Snider 11100 Church Rd. Bmt. Tx. 77713 409-201-0022 Occupant Name Address ZIP Phone Cell Phone/Pager .Rohn W. Snider 11100 Church Rd. Bmt. Tx. 77713 409-201-0022 Reason for request (please check all categories that apply and describe below): (A) Actively Working on home (B) X_Applied for Disaster Recovery (C) . In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: Applicant went to project set up on 1/8/2019 Applicant went to next level 2 weeks ago which is Environmental For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: Category A: Copy of your building permit; photographs of work done, any contracts for work currently being done Category B: Statement of date of application, agency that you applied with for Disaster Recovery funds and current status. Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance carrier. 8/27/2019 Mail - Adina Josey - Outlook FW: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132180 Della Hataway <nmabmtproduction@nellmc.com> Tue 8/13/20191:19 PM To: Adina Josey <AdinaJ osey@ Beau montTexas.g ov> Regarding John Snider From: TIGR CDR <TIGR@r ecoverytexas.gov> Sent: Friday, April 12, 2019 1:20 PM To: Yovana Benavides <Yovana.Benavides.ctr@recovery.texas.gov> Subject: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132180 An applicant has submitted the following complete, eligible application for their home. The project is moving into the set-up status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a cost estimate. Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. Snider, John 11100 Church Road Beaumont 77706 Jefferson This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. https://ougook.office.com/mailfinboxrid/AAMkADAzODk2YzlkLTc 4ZjQtNGQ5NyO5NjdmLTA4NmJIMJBjNTAwNABGAAAAAADLNNapnQn°/`2BTozPZzLz... 1/1 BEAUMONT Planning a Community Development City of Beaumont Harvey Mobile Housing Unit Extension Application LTrailer Address: � Date Application Received: °-1 Owner Name Address ZIP Phone o � zl,layd Sq4 05 *27-5- Occupant Name Address q�R ZIP Phon py Reason for request (please check all categories tha apply and describe below): (A) Actively Working on home (B) Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: -X-M zo I OW-CC4 IS-WIqX-3 �4 pr4,-� Sa wo For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim ofprogress on the repair ofyonr home should be attached to this application - Documentation shall include: CategoryA: Copy of your building permit; photographs of work il-eq any contracts for work gently being done CategoryB: Statement of date of application, agency that you applied with for Disaster Recovery finds and current status. Recommendation of Planning Manager: Approve Deny Date of Review Date forwarded to the City Council for review: Date of Council, Hearing: Council Disposition Approved Denied Date of Disposition: Approved by Zoning Date: 7/23/2019 Manage your applicatlon • Customer Self -Service My Submitted Application Summary Status Project Set-Up(/viewia/?id=d97coo9b-edf3-e811-a14o-oo155d318f72) Reason Created On 11/29/2018 9:44 AM Co - Applicant Name Address 1 3940 Anita Street City Beaumont County Jefferson Vendor AECOM Request Additional Information -A GLO partner has requested additional information from you via phone or email. You will have 14 days to provide all information requested before your application is considered incomplete and sent back to 'DRAFT" status. A GLO partner Will attempt to contact you at least three times during the 14 -day period. Ifyou need assistance completing this phase ofthe application, please email cdr@glo.texas.gov or call 1-844-893- 8937 or 512-475-5000. Ineligible Application Summary There are no records to display. It is a crime for any person to knowingly present false, incomplete, or misleading information through the submittal of documents to any Administrator of CDBG-DR funds for the purpose of securing any benefit rel atedto CDBG-DR programs. I Copyright© I The Texas General Iand Offi ce I All rights reserved httpsJ/cdrportal prd.dynarnics365portals.usAamyprog ram/7id=5d07c341-1 ce9-e811-812c-1458dO4e2F20 2/3 ®EAUMON ' Planning 6 Com unity Dorelopmem City of ileallmont Harvey Mobile Housing Unit (Extension AppReation L!!LerAddress:030 C �AfyDate Application Received: Owner Name Address % 1136 d! ejM* fAip Phone yelq 09I6eg CeFf,,e- iTai 3 � Occupant Name Address 11130ellel Ch A% ZIP Phone j 7V 96F1 Reason for request (please check all categories that ap�ply and describe below): (A) Actively Working on home (B) _A/Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you plied, the date of application for Disaster Recovery and current status: o pp/ -/U'' 144 r, o� ,0 0'1'." For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim ofprogress on the repair of your home should be attached to this application. Documentation shall include: CategoryA- Copy ofyour building permit; photographs of work done, any contracts for wodc currently being done Category B: Statement of date of application, agency that you applied with for Disaster Recovery funds and current status. Category C: Statement from your a ey r other paperwork substantiating active litigation with your insurance carrier. SICMTURE OF OWNER DATE Recommendation of Planning Manager. Date forwarded to the City Council for review: Date of Council Hearing: Approve Deny Date of Review Council Disposition: Approved Denied Date of Disposition: Approved by Zoning Official: Date: Christa Dunaven From: TIGR CDR Sent: Wednesday, April 10, 2019 1:47 PM To: Christa Dunaven Subject: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132939 An applicant has submitted the following complete, eligible application for their home. The project is moving into the set-up status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a . cost estimate. Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. Coffee, Michael 11130 Church Road Beaumont 77713 Jefferson 1 -TTI M BEAUM©NT Planning a Commmnity Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address, ,� Date Application Received: Owner Name Address ZIP Phone Occupant Name Address ZIP Phone,/ -,P%- 'IE? Reason for request (please check all categories that apply and describe below): (A) Actively Working on home (B) _Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: For Category C, please list your insurance cdrrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim ofprogress on the repair of your home should be attached to this application. Documentation shall include: CategoryA: Copy of your buildingp-nit; photographs of work done, any contracts for work currently being done Category B: Statement of date of application, agency that you applied with for Disaster Recoveryfimds and current status. Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance tamer. SIGNATURE OF OWNER 16ATE Recommendation of Planning Manager. Approve Deny Date of Review Date forwarded to the City Council for review: Date of Council Hearing: Council Disposition: Approved Denied Date of Disposition: Approved by Zoning Official: Date: '_..--�ers—s.•-ai�xe._..x.�-au=.—:x.:re.•�......-.z--•-cxrs.:-rx.-:.ear:.•-•_ •R--.�--a... •,, .•••.�-. x�r_-.a.--aar:.:sv�aaxa �e.—x=ea�a�a•- - _ From: TIGR CDR Sent: Thursday, May 23, 2019 2:24 PM To: Kulpreeya Laird Subject: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132445 Ariapplicant has submitted the following complete, eligible application for their home. The project is moving into the set-up status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a cost estimate. Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. WILLEY, NELDA 11220 CHURCH ROAD BEAUMONT 77713 Jefferson ,B EAU M 4 N T Planning & Community Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address: Date Application Received: d 1�j Owner Name Address ZIP Phone '®,l l: a t$ - lgf6 r-1116:?jr Ald1%fi, I-rK7 1,C Occupant Name Address ZIP Phone Reason for request (please check all categories that apply and describe below): (A) t.—�Actively Working on home (B) 4/Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: S L For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. 0 +-1 & 010-1 NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: Category A: Copy of your building permit; photographs of work done, any contracts for work currently being done Category B: Statement of date of application, agency that you applied with for Disaster Recovery funds, and current status. Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance earner. RECEIVED Agreement and Release AUG 2 0 2099 WY OF BEAUMONT This Agreement and Release ("Agreement") is entered into effective as of J ? �0"gconnect Outreach, a non-profit Texas corporation ("Iconnect") and Sallie Leidecker, ("Homeowner"). Recitals: A. Iconnect provides financial assistance and/or construction services to homeowners in the name of the Almighty God and Jesus Christ, His Son, for repairs, renovations and improvements to housing units owned by individuals who would otherwise not have the ability to make required repairs and improvements to their homes. B. As a condition of providing assistance and services, Iconnect requires each homeowner to sign an agreement imposing certain conditions on them relating to the services provided to them by Iconnect and releasing Iconnect from all liability relating to providing assistance and services. C. Homeowners are the owners of real property commonly known as 11427 Old Voth Rd., Beaumont, Texas 77713 (the "Property"). D. Homeowners are willing to accept and be bound by the terms and conditions set forth in this Agreement as consideration for Iconnect providing construction assistance and/or services to them relating to the Property. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and intending to be legally bound, the parties agree as follows: 1. Homeowners acknowledge and agree that: (a) this Agreement is not a construction contract and it is not a guaranty that construction assistance and/or services (collectively, the "Services") will be provided to them for the Property and (b) all Services, if any, will be provided by volunteers under the supervision of an experienced construction leader(s). 2. Release. Homeowners, in consideration of Services provided to them by Iconnect and its volunteers and for other good and valuable consideration, by this Agreement, for themselves and for their personal representatives and their successors and assigns, do release and forever discharge Iconnect and its officers, directors, shareholders, members, representatives, agents and its volunteer workers providing Services, along with their successors and assigns (collectively, the "Released Parties") from all manner of action, suit, lien, damage, claim or demand of every nature, including any and all claims for damage to Homeowners' personal property or real property, heretofore or hereafter arising out of, connected with or incidental to the Services provided to Homeowners at or for the benefit of the Property. The term "Released Parties" shall include, but not be limited to, individuals or entities supplying materials to be incorporated into the Property as part of the Services provided by Iconnect. 3. Agreement Not to Convey. If and when Services are provided to Homeowners for the Property and as a condition of Services being provided: a. For a period of five (5) years beginning on the date of the execution of this Agreement, Homeowner shall not convey the Property to a third -party buyer without the written consent of Iconnect, b. After five (5) years from execution of this Agreement, Homeowners may freely convey the Property without consent from Iconnect. 4. General Terms. 4.1 Entire Agreement. This Agreement contains the entire agreement between the parties. Any prior oral or written representations, agreements, and/or understandings relating to this subject matter shall be of no effect. 4.2 Waiver; Amendment. No waiver, amendment, or discharge of this Agreement shall be valid unless it is in writing and signed by the party to be obligated. 4.3 Binding Effect. This Agreement shall bind and inure to the benefit of the parties' respective assigns and successors; provided, however, there are no intended third -party beneficiaries to this Agreement other than those expressly set forth and only the parties or their assigns and successors are entitled to enforce this Agreement. 4.4 Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full effect. 4.5 Recitals; Exhibits. Any recitals above, and any exhibits or schedules referred to and/or attached to this Agreement, are incorporated by reference. 4.6 Choice of Law; Jurisdiction and Venue. This Agreement shall be construed according to the laws of the State of Texas. In any action brought under or arising out of this Agreement, the parties consent to the jurisdiction of any competent court within the State of Texas consent to service of process by any means authorized by Texas law. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. Iconmct Iconnect, A Texas non-profit corporation Homeowners U , r M. Name: Title: Name: