R2023-038 2023-02-130 RESOLUTION NO. R2023-38
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an amended Subrecipient
Agreement, in the additional amount of $271,049.00 (total amount of
$821,049.00), with Counseling Connections for Change for the acquisition of
real property located at 2549 Roy Road in Pearland Texas, Property
Identification Number 175675.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Subrecipient Agreement, a copy of which is attached hereto as
Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the attached Subrecipient Agreement.
PASSED, APPROVED and ADOPTED this the 13th day of February, A.D., 2023.
_________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC
CORONAVIRUS RELIEF SUBRECIPIENT 1st Amended AGREEMENT
between
THE CITY OF PEARLAND, TEXAS
and
COUNSELING CONNECTIONS FOR CHANGE
PREAMBLE AND RECITALS
THIS AGREEMENT, originally entered into to be made effective on the 24th day of October 2022,
amended on the 13th of February 2023 by and between the City of Pearland (herein called the "City")
and Counseling Connection for Change (herein called the "Subrecipient").
WHEREAS, the City has received American Rescue Plan Act (ARPA) funds from the U.S. Treasury
in response to and towards the recovery from the COVID-19 Coronavirus pandemic;
WHEREAS, the City is also a Community Development Block Grant (CDBG) Entitlement Jurisdiction
grantee of the U S. Department of Housing & Urban Development (HUD) and anticipates HUD funds
via grant award/identification number B-22-MC-48 0400;
WHEREAS, the City has stated its intention to ensure the completion and compliance with federal,
State and local requirements, to document compliance with applicable ARPA AND/OR CDBG terms
and conditions, in addition to the federal Uniform Administrative Requirements (UAR) as set forth in
2 CFR Part 200;
WHEREAS, the City shall ensure recognition of the role of the City in providing services through this
contract, prominently labeling all activities, facilities, and items utilized pursuant to this contract
recognizing the source of funds as City of Pearland ARPA OR CDBG; and
WHEREAS, the primary purpose of this ARPA AND/OR CDBG funding is to cover expenses that are
necessary expenditures incurred due to the public health emergency with respect to the Coronavirus
Disease 2019 (COVID-19);
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it
is agreed between the parties hereto that
ARTICLE 1- PROJECT
SECTION 1: SCOPE OF SERVICE
A. Activities
1. Program Delivery
Activity #1 Acquire land and structure located at 2549 Roy Road, Pearland Texas,
77581 — Property ID No. 175675
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ARPA OR CDBG 1st Amended Subrecipient Agreement
Activity #2 Repair and renovate the structure located at 2549 Roy Road, Pearland
Texas, 77581 — Property ID No. 175675, to the extent feasible, within the
available costs herein.
2. Administration
The Subrecipient is required to administer the financial, programmatic, and regulatory
compliance measures necessary for Coronavirus prevention, response and/or recovery as
an independent contractor, and not as an officer, agent, servant, or employee of the City.
Expenditures directly related to the administration of these activities may not be considered
for reimbursement, including, and limited to: personnel involved in non -clinical program
administration, financial management, clerical/secretarial and/or audits of federal
expenditures.
B. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the City will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by the Subrecipient within a reasonable period of time after being notified by the City
suspension or termination procedures will be initiated.
C. Special Conditions
Title 2 CFR 200 (Uniform Administrative Requirements)
Title 24 CFR 570 (HUD CDBG)
Title 31 CFR Part 35 (Coronavirus State and Local Fiscal Recovery Funds)
S ECTION 2: PROJECT DESCRIPTION
Activity No. 1
Type of Project Real Property Acquisition
Counseling Connections for Change - COVID-19/Coronavirus Prevention,
Response and/or Recovery.
Project Location: Counseling Connections for Change — Pearland Office (2549 Roy Road)
S ervice Area: City of Pearland Amount Funded: $550,000
Activity No. 2
Type of Project: Real Property Repair/Renovation/Rehabilitation
Counseling Connections for Change
Project Location: Counseling Connections for Change — Pearland Office (2549 Roy Road)
S ervice Area:
City of Pearland Amount Funded: $271,049
S ECTION 3: TERM OF AGREEMENT
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ARPA OR CDBG l st Amended Subrecipient Agreement
The term of this Agreement is through September 30, 2024.
S ECTION 4: PROGRAM REPORTING
The Subrecipient shall submit such reports as required by the City to meet its local obligations and
its obligations to HUD or HUD. The City will prescribe the report format, as well as the time and
location for submission of such reports. Required reports include, but are not limited to the following:
A. Quarterly reports which shall include the progress made to date, or justification for lack of
progress, in providing the services specified in Article 1, Section 1: Scope of Services, of this
Agreement.
B. Quarterly reports on demographic and income information regarding persons assisted by the
Subrecipient through this Agreement.
C. Closeout reports including a final performance report, inventory of all property acquired or
improved by ARPA AND/OR CDBG funds and final financial report, upon termination or
completion of the award.
ARTICLE 2- FINANCIAL MANAGEMENT
S ECTION 1: PAYMENTS AND BUDGET
A. General Statement
The City shall reimburse the Subrecipient allowable costs for services identified in this Agreement
not to exceed Eight Hundred and Twenty -One Thousand and Forty -Nine Dollars ($821-049) via
allowable advances of federal funds and/or upon presentation of properly executed reimbursement
forms provided and approved by the City. Such advances and/or reimbursement shall constitute full
and complete payment by the City under this Agreement Allowable costs shall mean those
necessary and proper costs identified in the Subrecipient's application and budget and approved by
the City unless any or all such costs are disallowed by HUD and/or the U.S. Treasury. The
S ubrecipient shall not be in possession of any amounts of federal cash on hand for a period of more
than seventy-two (72) hours without written justification of having the need to do so, and with an
approval of such written justification by the City no less than two (2) business days prior to the
S ubrecipient exceeding the seventy-two (72) hour limitation
B. Payments
Reimbursement request must be submitted to the City of Pearland in accordance with instructions
to be provided to the Subrecipient under separate cover. Payments may be contingent upon
certification of the Subrecipient's financial management system in accordance with the standards
specified in applicable sections of 2 CFR 200. Reimbursement payments shall be made to:
Counseling Connections for Change.
Drawdowns for the payment of allowable costs shall be made against the line -item budgets specified
in Paragraph C, below, herein and in accordance with performance Expenses for general
administration shall also be paid against the line -item budgets specified in Paragraph C and in
accordance with performance.
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ARPA OR CDBG 1st Amended Subrecipient Agreement
C. Budget
Line -Item Amount:
Property Acquisition $537,930
Acquisition Contingency and/or closing costs
$ 12,070
Design/Architecture and Engineering $ 35,354
Construction $271,049
TOTAL $821,049
In addition, the City may require a more detailed budget breakdown than the one contained herein,
and the Subrecipient shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by the City. Any amendments to the budget must be approved in writing
by both the City and the Subrecipient
D. Closeout
U pon termination of this Agreement, in whole or in part for any reason including completion of the
project, the following provisions may apply:
A. Upon written request by the City, the City shall make or arrange for payments to the
Subrecipient of allowable reimbursable costs not covered by previous payments;
B. Disposition of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the City);
C. The Subrecipient shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reports required by this Agreement, and in
addition, will cooperate in a program audit by the City or its designee; and
D. Closeout of funds will not occur unless all requirements are met and all outstanding issues
with the Subrecipient have been resolved to the satisfaction of the City.
The Subrecipient's obligation to the City shall not end until all closeout requirements are completed.
N otwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period
that the Subrecipient has control over ARPA AND/OR CDBG and/or CDBG funds, including program
income.
S ECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by properly executed payrolls, time records invoices vouchers, or other
official documentation, as evidence of the nature and propriety of the charges. All accounting
documents pertaining in whole or in part to this Agreement shall be clearly identified and readily
accessible, and upon reasonable notice, the City, HUD, and the HUD shall have the right to audit
the records of the Subrecipient as they relate to the Agreement and the activities and services
described herein.
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ARPA OR CDBG 1st Amended Subrecipient Agreement
The Subrecipient shall also:
A. Maintain an effective system of internal fiscal control and accountability for all ARPA AND/OR
CDBG funds and property acquired or improved with ARPA AND/OR CDBG funds, and make
sure the same are used solely for authorized purposes.
B. Keep a continuing record of all disbursements by date, check number, amount, vendor,
description of items purchased and line item from which the money was expended, as
reflected in the Subrecipient's accounting records.
C. Maintain payroll, financial, and expense reimbursement records for a period of five (5) years
after receipt of final payment under this Agreement.
D. Permit inspection and audit of its records with respect to all matters authorized by this
Agreement by representatives of the City, HUD or the U.S. Treasury at any time during
normal business hours and as often as necessary.
E. Inform the City concerning any funds allocated to the Subrecipient, that the Subrecipient
anticipates will not be expended during the term of this Agreement and permit the
reassignment of the same by the City to other Subrecipients.
F. Repay the City any funds in its possession at the time of the termination of this Agreement
that may be due to the City, HUD, or the U.S Treasury.
G. Maintain complete records concerning the receipt and use of all program income. Program
income shall be reported on a monthly basis on forms provided by the City.
SECTION 3: REIMBURSEMENT
The City shall reimburse the Subrecipient only for actual incurred costs upon presentation of properly
executed reimbursement forms as provided and approved by the City. Only those allowable costs
directly related to this Agreement shall be paid. The amount of each request must be limited to the
amount needed for payment of eligible costs.
In the event that the City HUD or the U.S Treasury determines that any funds were expended by
the Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, the City, HUD or the U S Treasury may order repayment of the same. The
Subrecipient shall remit the disallowed amount to the City within thirty (30) days of written notice of
the disallowance
A. The Subrecipient agrees that funds determined by the City to be surplus upon completion of
the Agreement will be subject to cancellation by the City.
B. The Subrecipient aggress that upon expiration of this Agreement, the Subrecipient shall
transfer to the City any ARPA AND/OR CDBG funds on hand at the time of the expiration
and any accounts receivable attributable to the use of ARPA AND/OR CDBG funds.
C. The City shall be relieved of any obligation for payments if funds allocated to the City cease
to be available for any cause other than misfeasance of the City itself.
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ARPA OR CDBG 15' Amended Subrecipient Agreement
D. The City reserves the right to withhold payments pending timely delivery of program reports
or documents as may be required under this agreement.
ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS
S ECTION 1: NOTICES
N otices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
1st Level
2nd Level
3rd Level
City/City
Joel Hardy
Ron Fraser
Trent Epperson
Address 3519 Liberty Drive
Pearland, TX 77581
S ECTION 2: GENERAL CONDITIONS
A. General Compliance
Subrecipient
Dawn Lawless
Dawn Lawless
Dawn Lawless
2549 Roy Road
Pearland, TX 77581
The Subrecipient agrees to comply with the requirements of Title 2 of the Code of Federal
Regulations, Part 200 (Uniform Administrative Requirements). The Subrecipient also agrees to
comply with all other applicable Federal, State, and local laws, regulations and policies governing
the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available
under this Agreement to supplement rather than supplant funds otherwise available.
The Subrecipient shall comply with all applicable Federal laws regulations, and requirements and
all provisions of this Agreement, which include compliance with the provisions of ARPA and/or CDBG
and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments,
agencies administrations, and commissions relating to the ARPA AND/OR CDBG Program. The
applicable laws and regulations include, but are not limited to:
The Davis -Bacon Fair Labor Standards Act
The Contract Work Hours and Safety Standards Act of 1962;
Copeland "Anti -Kickback" Act of 1934;
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA);
Title VI of the Civil Rights Act of 1964;
Equal employment opportunity and minority business enterprise regulations established
in 2 C.F.R. Part 200, Appendix II, ¶ C;
• Non-discrimination in employment, established by Executive Order 11246 (as amended
by Executive Orders 11375 and 12086);
Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility;
The Architectural Barriers Act of 1968;
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ARPA OR CDBG 1st Amended Subrecipient Agreement
rt
The Americans With Disabilities Act (ADA) of 1990;
The Age Discrimination Act of 1975, as amended;
N ational Environmental Policy of 1969 (42 USC 4321 et seq.), as amended;
Historic Preservation Act of 1966, as amended, and related laws and Executive Orders,
Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq );
Flood Disaster Protection Act of 1973.
S ection 601(d) — Social Security Act
B. "Independent Contractor"
N othing contained in this Agreement is intended, nor shall be construed in any manner to create or
establish the relationship of employer/employee between the City and the Subrecipient. The
S ubrecipient shall, at all times, remain an "independent contractor" with respect to the services to be
performed under this Agreement. The City shall be exempt from payment of all Unemployment
Compensation FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
To the extent permitted by law, the Subrecipient agrees to hold harmless, defend and indemnify the
City and its appointed and elected officers and employees from and against any and all liability, loss,
costs, damage and expense, including costs and attorney fees in defense thereof because of any
actions, claims, lawsuits, damages, charges and judgments whatsoever that arise out of the
S ubrecipient's performance or nonperformance of the services or subject matter called for in this
Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
E Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the City. The Subrecipient
shall comply with the bonding and insurance requirements of 2 CFR 200.325 (bonding
requirements).
The certificates of insurance shall be provided to the City by the Subrecipient's insurance agent or
carrier as evidence that policies providing the required coverages, conditions, and minimum limits
are in full force and effect Insurance limits must be on each Certificate of Insurance. Each
Certificate of Insurance shall be reviewed and approved by the City prior to commencement of this
Agreement. No other form of certificate shall be used.
The Subrecipient will not be relieved of any liability, claims, demands, or other obligations assumed
by its failure to procure or maintain insurance, or its failure to procure or maintain insurance in
sufficient amounts, durations, or types. Failure on the part of the Subrecipient to procure or maintain
policies providing the required coverages, conditions and minimum limits will constitute a material
breach of this Agreement, upon which the City may immediately terminate this contract.
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ARPA OR CDBG 1st Amended Subrecipient Agreement
F. Licensing
The Subrecipient agrees to comply with and obtain at its own expense, if necessary, all applicable
Federal, State, City or Municipal standards for licensing, certifications and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards or criteria as
described in this Agreement to assure quality of services.
In the event of an investigation or suspension regarding any Subrecipient license related to the
services for which the City is providing funding under this Agreement, the City may terminate this
Agreement and withhold further Agreement funds. In addition, monies already received under this
Agreement may be owed back to the City.
G. Amendments
The parties may amend this Agreement at any time provided that such amendments make specific
reference to this Agreement and are executed in writing, signed by a duly authorized representative
of each organization, and approved by the City s governing body. Such amendments shall not
invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under
this Agreement. The City may, in its discretion, amend this Agreement to conform with Federal,
State, or local governmental guidelines, policies or available funding amounts, or for other reasons.
If such amendments result in a change in the funding the scope of services, or schedule of the
activities to be undertaken as part of this Agreement such modifications will be incorporated only by
written amendment signed by both City and Subrecipient.
H. Failure to Perform
In the event of a failure by the Subrecipient to comply with any terms or conditions of this Agreement
or to provide in any manner activities or other performance as agreed herein, the City reserves the
right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend
all or part of the Agreement, or prohibit the Subrecipient from incurring additional obligation of funds
until the City is satisfied that corrective action has been taken or completed. The option to withhold
funds is in addition to, and not in lieu of the City's right to suspend or terminate this Agreement. The
City may consider performance under this Agreement when considering future awards.
I. Suspension or Termination
The City may pursue such remedies as are available to it in accordance with 2 CFR Part 200,
Appendix II, ¶ A, including but not limited to suspension or termination of this Agreement, if the
Subrecipient materially fails to comply with any terms or conditions of this Agreement, which include,
but are not limited to the following:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and ARPA AND/OR CDBG guidelines,
policies or directives as may become applicable at any time;
B. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
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ARPA OR CDBG 1st Amended Subrecipient Agreement
D. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any
material respect; or
E Failure to take satisfactory corrective action as directed by the City.
In accordance with 2 C.F.R. Part 200, Appendix II, ¶ B, this Agreement may also be terminated for
convenience by either the City or the Subrecipient, in whole or in part, by setting forth the reasons
for such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. If, in the case of a partial termination, however, the City determines that the remaining
portion of the award will not accomplish the purpose for which the award was made, the City may
terminate the award in its entirety.
In the event that funding from the Federal government is withdrawn, reduced, or limited in any way
after the effective date of this Agreement but prior to its normal completion, the City may summarily
terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination
provisions of this agreement.
Termination under this Section shall be effective upon receipt of written notice.
In the case of a suspension or termination, monies already received under this Agreement may be
owed back to the City and the City may also declare the Subrecipient ineligible for further
participation in the ARPA AND/OR CDBG program.
SECTION 3: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200.302 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR 200, Subpart E, as
applicable. These principles shall be applied for all costs incurred whether charged on a direct
or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 2
CFR 200 333 that are pertinent to the activities to be funded under this Agreement. Such
records shall include but are not be limited to:
Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of the National
Objectives of the ARPA AND/OR CDBG program;
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ARPA OR CDBG 1st Amended Subrecipient Agreement
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with ARPA AND/OR CDBG assistance; and
Records documenting compliance with the fair housing and equal opportunity
components of the ARPA AND/OR CDBG program.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to the Agreement for a period of three (3) years following the
official close-out and audit of the program. Notwithstanding the above, if there are litigation,
claims, audits, negotiations, or other actions that involve any of the records cited and that
have started before the expiration of the three (3) year period, then such records must be
retained until completion of the actions and resolution of all issues, or the expiration of the
three (3) year period, whichever occurs later.
3. Beneficiary Data
If applicable, the Subrecipient shall maintain beneficiary data demonstrating eligibility for
services provided. Such data shall include but not be limited to, beneficiary name, address,
qualification for participation in programs, demographic information and description of service
provided. Such information shall be made available to City monitors or their designees for
review upon request
4. Disclosure
The Subrecipient understands that client information collected under this contract is private
and the use or disclosure of such information, when not directly connected with the
administration of the City's or Subrecipient's responsibilities with respect to services provided
under this Agreement is prohibited unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made
available to the City, HUD the U.S. Treasury and the Comptroller General of the United
States or any of their authorized representatives at any time during normal business hours,
as often as deemed necessary, to audit examine, and make excerpts or transcripts of all
relevant data Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within thirty (30) days after receipt by the Subrecipient. Failure of the Subrecipient to comply
with the above audit requirements will constitute a violation of this Agreement and may result
in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current City policy concerning Subrecipient audits
and OMB Circular A-133.
C. Citizen Participation
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ARPA OR CDBG 15f Amended Subrecipient Agreement
The Subrecipient will have processes in place (satisfaction surveys, Board representation, grievance
procedures, etc.) which receive, document, and utilize the input from low-income persons potentially
benefiting or affected by the program or project covered under this Agreement.
D. Procurement
1. Compliance
The Subrecipient shall comply with current City policy concerning the purchase of equipment
and shall maintain inventory records of all non -expendable personal property as defined by
such policy as may be procured with funds provided herein. All program assets (unexpended
program income, property, equipment, etc) shall revert to the City upon termination of this
Agreement.
2. OMB Standards
The Uniform Guidance (2 CFR § 200) streamlines and consolidates
government requirements for receiving and using federal awards so as to reduce
administrative burden and improve outcomes. It was published in the Federal Register (79
Fed. Reg.)
3. Debarment and Suspension
N on-federal entities and contractors are subject to the debarment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension (1986) and Executive
Order 12689 Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department
of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and
S uspension) These regulations restrict awards, subawards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation
in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II ¶ H; and
P rocurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform
Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team
(PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, If 2 [hereinafter PDAT Supplement].
A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions
is the list maintained by the General Services Administration that contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement
Chapter IV, ¶ 6.d and Appendix C, If 2.
a. In general, an "excluded" party cannot receive a Federal grant award or a contract
within the meaning of a "covered transaction,' to include subawards and
subcontracts. This includes parties that receive Federal funding indirectly such as
contractors to recipients and Subrecipients. The key to the exclusion is whether there
is a "covered transaction," which is any non -procurement transaction (unless
excepted) at either a "primary" or 'secondary' tier. Although "covered transactions"
do not include contracts awarded by the Federal Government for purposes of the non -
procurement common rule and DHS s implementing regulations, it does include some
contracts awarded by recipients and Subrecipient.
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ARPA OR CDBG 15' Amended Subrecipient Agreement
b. Specifically, a covered transaction includes the following contracts for goods or
services:
a. The contract is awarded by a recipient or Subrecipient in the amount of at least
$25,000
b. The contract requires the approval of HUD, regardless of amount.
c. The contract is for federally -required audit services.
E. Travel
No ARPA AND/OR CDBG funds may be used for travel.
F. Real Property
Real property acquisition standards are applicable to the scope of work and the non federal entities'
oversight and management of this Subrecipient Agreement, to the fullest extent compliant with
property standards outlined in 2 CFR 200 — Subpart D. As regulated, the City and Subrecipient must
comply with:
1. § 200.310 Insurance coverage.
The non Federal entity must, at a minimum, provide the equivalent insurance coverage for
real property and equipment acquired or improved with Federal funds as provided to property
owned by the non -Federal entity Federally -owned property need not be insured unless
required by the terms and conditions of the Federal award.
2. § 200.311 Real property.
(a) Title. Subject to the requirements and conditions set forth in this section, title to real
property acquired or improved under a Federal award will vest upon acquisition in the
non Federal entity.
(b) Use. Except as otherwise provided by Federal statutes or by the Federal awarding
agency, real property will be used for the originally authorized purpose as long as needed
for that purpose, during which time the non -Federal entity must not dispose of or
encumber its title or other interests.
(c) Disposition. When real property is no longer needed for the originally authorized
purpose, the non Federal entity must obtain disposition instructions from the Federal
awarding agency or pass -through entity. The instructions must provide for one of the
following alternatives:
(1) Retain title after compensating the Federal awarding agency. The amount paid to
the Federal awarding agency will be computed by applying the Federal awarding
agency s percentage of participation in the cost of the original purchase (and costs of
any improvements) to the fair market value of the property. However, in those
situations where the non -Federal entity is disposing of real property acquired or
improved with a Federal award and acquiring replacement real property under the
same Federal award the net proceeds from the disposition may be used as an offset
to the cost of the replacement property.
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(2) Sell the property and compensate the Federal awarding agency The amount due
to the Federal awarding agency will be calculated by applying the Federal awarding
agency's percentage of participation in the cost of the original purchase (and cost of
any improvements) to the proceeds of the sale after deduction of any actual and
reasonable selling and fixing -up expenses. If the Federal award has not been closed
out, the net proceeds from sale may be offset against the original cost of the property
When the non -Federal entity is directed to sell property, sales procedures must be
followed that provide for competition to the extent practicable and result in the highest
possible return.
(3) Transfer title to the Federal awarding agency or to a third party
designated/approved by the Federal awarding agency. The non Federal entity is
entitled to be paid an amount calculated by applying the non Federal entity's
percentage of participation in the purchase of the real property (and cost of any
improvements) to the current fair market value of the property.
3. § 200.316 Property trust relationship.
Real property equipment, and intangible property, that are acquired or improved with a
Federal award must be held in trust by the non -Federal entity as trustee for the beneficiaries
of the project or program under which the property was acquired or improved. The Federal
awarding agency may require the non Federal entity to record liens or other appropriate
notices of record to indicate that personal or real property has been acquired or improved
with a Federal award and that use and disposition conditions apply to the property.
4. Liens
The City shall place two (2) liens on the applicable real property subject to this Subrecipient
Agreement, both to be filed in the local court of record and jurisdiction in Brazoria County:
(a) 1st lien in the amount of $537,930.00 upon the entire real property located at 2549
Roy Road in Pearland TX, 77581, subject to this Subrecipient Agreement, which
shall not be removed until such time that the attached Lien Amortization Schedule
— 1st Lien (Attachment A) demonstrates that the property has reached its
amortized depreciation of $00.00. The 1 st lien shall remain in effect for a period of
time no less than 15 years, OR until such time the Subrecipient has received and
complied with instructions from the City as to disposition of the real property, as
received from the federal government.
(b) 2nd lien in the amount of the actual construction costs associated with the HUD
CDBG portion of the funded project (Activity 2), in the estimated amount of
$235,695.00, upon the entire real property located at 2549 Roy Road in Pearland
TX, 77581, subject to this Subrecipient Agreement, which shall not be removed
until such time that the attached Lien Amortization Schedule — 2nd Lien
(Attachment B) demonstrates that the property has reached its amortized
depreciation of $00.00. The 2nd lien shall remain in effect for a period of time no
less than 5 years, OR until such time the Subrecipient has received and complied
with instructions from the City as to disposition of the real property, as received
from the federal government.
City of Pearland, Texas Page 13 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
SECTION 4: PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. General Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended,
Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title
I of the Housing and Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive
Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the nondiscrimination in employment and contracting
o pportunities laws in 2 CFR 3187 12. These applicable nondiscrimination provisions stipulate
that no person in the United States shall on the grounds of race, color, national origin or sex
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
u nder any program or activity funded in whole or in part pursuant to agreement.
Additionally, the Subrecipient shall not, on the grounds of race, color, sex/gender, sexual
o rientation, familial status, religion, national origin, creed, ancestry, marital status, age or
disability or handicap
A. Deny a qualified individual any facilities, financial aid, services, or other benefits
provided under this Agreement;
B. Provide any facilities, financial aid, services or other benefits which are different,
o r are provided in a different manner, from those provided to others under this
Agreement;
C. Subject an individual to segregated or separate treatment in any facility, or in any
matter if process related to receipt of any service or benefit under this Agreement;
D. Restrict an individual's access to or enjoyment of any advantage or privilege
e njoyed by others in connection with any service or benefit under this Agreement;
E. Treat anyone differently from others in determining if they satisfy any admission,
e nrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or a benefit under this Agreement.
F. Deny anyone an opportunity to participate in any program or activity as an
employee which is different from that afforded others under this agreement.
If assignment and/or subcontracting has been authonzed in writing, said assignment or
subcontract shall include appropriate safeguards against discrimination in client services
binding upon each contractor or subcontractor. The Subrecipient shall take such actions as
may be required to ensure full compliance with the provisions, including sanction for
n oncompliance.
City of Pearland, Texas Page 14 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L.
88-352). In regard to the sale, lease, or other transfer of land acquired, cleared or improved
with assistance provided under this Agreement, the Subrecipient shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of
such land, or in any improvements erected or to be erected thereon, providing that the City
and the United States are beneficiaries of and entitled to enforce such covenants. The
Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself
so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.0 794), which prohibits
discrimination against the individuals with disabilities or handicaps in any Federally assisted
program. The City shall provide the Subrecipient with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this Agreement.
5. Architectural Barriers Act/Americans with Disabilities Act
The Subrecipient shall meet the requirements, where applicable, of the Architectural Barriers
Act and the Americans with Disabilities Act. A building or facility designed, constructed, or
altered with federal funds is subject to the requirements of the Architectural Barriers Act of
1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility
Standards. The Americans with Disabilities Act ("ADA') (42 USC 12131; 47 USC 155, 210,
218, and 255) requires that the design and construction of facilities for first occupancy after
January 26, 1993 must include measures to make them readily accessible and usable by
individuals with disabilities. The ADA further requires the removal of architectural barriers and
communication barriers that are structural in nature in existing facilities, where such removal
is readily achievable —that is, easily accomplishable and able to be carried out without much
difficulty or expense.
B. Affirmative Action
1. Women- and Minority -Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms "small
business" means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632) and ' minority and women s business enterprise"
means a business at least fifty-one (51) percent owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. The Subrecipient may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
City of Pearland, Texas Page 15 of 23
ARPA OR CDBG 15f Amended Subrecipient Agreement
2. Access to Records
The Subrecipient shall furnish and cause each of its own Subrecipients or subcontractors to
furnish all information and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, or other authorized Federal officials for
purposes of investigation to ascertain compliance with the rules, regulations and provisions
stated herein.
3. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding a notice, to be provided
by the agency contracting officer advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract' as
any agreement or modification thereof between any applicant and a person for construction
work which is paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program involving a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, or any application or
modification thereof approved by the Government for a grant, contract, loan, insurance, or
guarantee under which the applicant itself participates in the construction work.
The Subrecipient will, in all solicitations or advertisements for employees placed by or on
behalf of the Subrecipient state that it is an Equal Opportunity and Affirmative Action
employer.
The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order
12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) and will not
discriminate against any employee or applicant for employment because of race color, creed
religion, ancestry, national origin, sex disability or other handicap, age marital status, or
status with regard to public assistance. The Subrecipient will take affirmative action to ensure
that all employment practices are free from such discrimination. Such employment practices
include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, or other forms of compensation
and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and
applicants for employment notices setting forth the provisions of this nondiscrimination
clause.
5. Subcontract Provisions
The Subrecipient will include the provisions of Section 5. A, Civil Rights, and B, Affirmative
Action, in every subcontract or purchase order, specifically or by reference, so that such
provisions will be binding upon each of its own Subrecipients or subcontractors.
City of Pearland, Texas Page 16 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; inherently religious activities;
lobbying; political patronage; and nepotism activities. The Byrd Anti -Lobbying Amendment,
31 U.S.C. § 1352 (as amended) is applicable to any and all Contractors who apply or bid for
an award of $100,000 or more. Such Contractors shall file the required certification Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours
and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable federal, State and
local laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -
Kick Back Act (18 U S.C. 874 et seq) and it's implementing regulations of the U.S.
Department of Labor at 29 CFR Part 3. The Subrecipient shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such documentation
shall be made available to the City for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2 000.00 for construction, renovation or repair work financed in whole
or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the City in 2 CFR Part 200, Appendix II ¶ D pertaining to such
contracts and with the applicable requirements of the regulations of the Department of Labor,
under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journey workers, provided that, if wage rates higher than those required under
the regulations are imposed by state or local law, nothing hereunder is intended to relieve
the Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
3. Drug -Free Workplace
The Subrecipient will or will continue to provide a drug -free workplace by:
A. Maintaining a Zero Tolerance Drug Policy;
B. Posting in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture,
City of Pearland, Texas Page 17 of 23
ARPA OR CDBG 15t Amended Subreapient Agreement
sale, distribution, dispensation, possession, or use of a controlled substance or
marijuana is prohibited in the Subrecipient's workplace and specifying the actions
that will be taken against employees for violations of such prohibition;
C. Stating in all solicitations or advertisements for employees or subcontractors
placed by or on behalf of the Subrecipient that the Subrecipient maintains a drug -
free workplace;
D. Establishing an ongoing drug -free awareness program to inform employees
about:
The dangers of drug abuse in the workplace;
The Subrecipient's policy of maintaining a drug -free workplace;
Any available drug counseling, rehabilitation, and employee assistance
programs; and
The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
E. Including the provisions of the foregoing clauses in all third -party contracts,
subcontracts, and purchase orders that exceed ten thousand dollars
($10,000.00), so that the provisions will be binding upon each subcontractor or
vendor.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior
written consent of the City; provided, however, that claims for money due or to become due
to the Subrecipient from the City under this contract may be assigned to a bank, trust
company, or other financial institution without such approval. Notice of any such assignment
or transfer shall be furnished promptly to the City. All terms and conditions of this Agreement
shall apply to any approved subcontract or assignment related to the Agreement.
2. Subcontracts
A. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual
in the performance of this Agreement without the written consent of the City prior to
the execution of such agreement.
B. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow-up actions taken to correct
areas of noncompliance
City of Pearland, Texas Page 18 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
C. Content
The Subrecipient shall cause all the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
D. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition basis
►n accordance with applicable procurement requirements. Executed copies of all
subcontracts shall be forwarded to the City along with documentation concerning the
selection process
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political activities
►n violation of Chapter 15 of Title V of the U.S.C.
4. [Reserved]
5. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 2 CFR 200.112, which include, but are
not limited to the following:
A. The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award
and administration of contracts supported by Federal funds.
B. No employee, officer or agent of the Subrecipient shall participate in the selection,
the award or the administration of a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved.
C. No covered persons who exercise or have exercised any functions or
responsibilities with respect to ARPA OR CDBG-assisted activities, or who are in
a position to participate in a decision -making process or gain inside information
with regard to such activities, may obtain a financial interest ►n any contract, or
have a financial interest in any contract, subcontract, or agreement with respect
to the ARPA OR CDBG-assisted activity, or with respect to the proceeds from the
ARPA OR CDBG-assisted activity, either for themselves or those with whom they
have business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person" includes
any person who is an employee, agent, consultant, officer or elected or appointed
official of the City, the Subrecipient, or any designated public agency.
6. Lobbying
The Subrecipient hereby certifies that:
City of Pearland, Texas Page 19 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of
it to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
B. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
and
C. It will require that the language of paragraph (d) of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans and cooperative agreements) and
that all Subrecipients shall certify and disclose accordingly:
D. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S.C. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100 000 for each such failure.
7. City Recognition
The Subrecipient shall ensure recognition of the role of the City in providing services through
this Agreement All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to the funding source. In addition, the Subrecipient will include a
reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
8. Copyright
If this Agreement results in any copyrightable material or inventions, the City reserves the
right to a royalty -free non-exclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, the work or materials for governmental
purposes.
9. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 2 CFR 3474.15 such as worship, religious
City of Pearland, Texas Page 20 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
instruction, or proselytization. In addition to, and not in substitution for, other provisions of
this Agreement regarding the provisions of services utilizing ARPA AND/OR CDBG funds the
Subrecipient agrees that in connection with such services:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion;
B. It will not discriminate against, limit, or give preference to, any person applying for
such public services on the basis of religion; and
C. It will provide no mandatory religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other religious
influence in the provision of such services.
SECTION 6: ENVIRONMENTAL
ARPA AND/OR CDBG regulations require the preparation of a project Environmental Review Record
(ERR) and environmental clearance before funds are expended or costs incurred. The overall
governing legislation is the National Environmental Policy Act (NEPA). City staff will complete the
ERR. The time required for completion of the ERR can vary from a week to a few months. If the initial
Environmental Assessment determines that an Environmental Impact Statement (EIS) or a Biological
Assessment (BA) is necessary, the Subrecipient will be required to make appropriate budget
modifications to assure the costs of the EIS or BA are paid for from project funds. After completing
the ERR the City may publish a notice of a Finding of No Significant Environmental Impact (FONSI)
in a local newspaper declaring the intent to request release of project funds. The City must also
determine whether the project meets other applicable statutory and regulatory requirements which
include by are not limited to the following:
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
® Clean Air Act, 42 U.S.C., 7401, et seq. and 2 C.F.R. Part 200, Appendix II, ¶ G;
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
City of Pearland, Texas Page 21 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
C. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966 as amended (16 U.S C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement. In general, this
requires concurrence from the State's designated office for dealing with Historic Preservation, for
all rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal state or local historic property list.
S ECTION 7: SEVERABILITY
It is understood and agreed by the parties that if any part term, or provision of this Agreement is
held by the courts to be invalid, illegal or in conflict with any law the remainder of the Agreement
shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force
and effect.
S ECTION 8: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
S ECTION 9: WAIVER
The City's failure to act with respect to a breach by the Subrecipient does not waive its right to act
with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any
right or provision shall not constitute a waiver of such right or provision.
S ECTION 10: SUCCESSORS
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and
successors.
S ECTION 11: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the Subrecipient for the use
of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the City and the
S ubrecipient with respect to this Agreement.
S ECTION 12: NO THIRD -PARTY BENEFICIARIES
Except as expressly provided otherwise, this Agreement is intended to be solely for the benefit of the
parties and shall not otherwise be deemed to confer upon or give to any other person or third party any
remedy, claim, cause or action or other right.
S ECTION 13: GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with the laws of the State of Texas. In the event
of any dispute over the Agreement's terms and conditions, the exclusive venue and jurisdiction for
City of Pearland, Texas Page 22 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
any litigation arising thereunder shall be in the District Court of Brazoria County, and, if necessary
for exclusive federal questions, the United States District Court for the District of Texas.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most
recent signatory.
City:
City of Pearland, Texas
Federal I . D # 74-6028909
Trent Epperson
PRINTED .NAME — AUTHORIZED OFFICIAL
yr
AUTHORIZEIMFFICIAL SIGNATURE
Subrecipient:
Counseling Connections for Change
Federal I . D 20-8775478
Dawn Lawless
UEI# HUBRXKNJG3C8
Interim City Manager
TITLE
DATE
UEI # U93DRADEVTK5
Executive Director
PRINTED NAME - AUTHORIZED OFFICIAL TITLE
ri
AUTHCS ZED OF ICIAL SIGNATURE DATE
City of Pearland, Texas Page 23 of 23
ARPA OR CDBG 1st Amended Subrecipient Agreement
FIELD NOTES
Of A Survey Of
A tract or parcel of land containing 4.86 acres of land,more or less,being theSouth ‘/2 of
Lot 21 of the Allison-Richey Gulf Coast Home Company Subdivision of Section 8,of the
H.T.&B.R.R.Company Survey,Abstract Number 504,according to the mapor plat
thereof,recorded in Volume 2,Page 23 and 24,of the Plat Records of Brazoria County,
Texas,said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1 inch iron pipe found at the intersection of the South line of Lot 21
with the Easterly right-of-way line of Roy Road (60.00 feet wide);
THENCE North,along said Easterly right—of-way line of Roy Road,a distance of 214.80
feet to a 1 inch iron pipe found for corner;
THENCE East,a distance of 986.80 feet to a 8 inch wood post for corner;
THENCE South,a distance of 214.80 feet to a 1 inch iron rod found for corner;
THENCE West,a distance of 986.80 feet to the POINT OF BEGINNING of the herein
described tract of land and containing 4.86 acresof land,more or less.
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KDESCRIBEDPROPERIYAtractorparcel of land containing 4.86 acres of land,more or less,%
being the South 1/2 of Lot 21 of the Allison—Richey Gulf Coast Home Company
Subdivision of Section 8,of the H.T.&B.R.R.Company Survey,Abstract Number
504,according to the map or plat thereof,recorded in Volume 2,Page 23 and 24,
of the Plat Records of Brazoria County,Texas,said tract being more particularly
described by metes and bounds as attached.
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File No.
APPRAISAL OF
LOCATED AT:
FOR:
BORROWER:
AS OF:
BY:
Counseling0123
Counseling0123
AK Consulting
Ashae L. Kubicek
January 19, 2023
Counseling Connections for Change, Inc.
Counseling Connections for Change, Inc.
Pearland, TX 77581-8604
2549 Roy Rd
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
File No.
File Number:
In accordance with your request, I have appraised the real property at:
The purpose of this appraisal is to develop an opinion of the market value of the subject property, as improved.
The property rights appraised are the fee simple interest in the site and improvements.
In my opinion, the market value of the property as of is:
The attached report contains the description, analysis and supportive data for the conclusions,
final opinion of value, descriptive photographs, limiting conditions and appropriate certifications.
Counseling0123
Counseling0123
AK Consulting
Ashae L. Kubicek
Five Hundred Forty Thousand Dollars
$540,000
January 19, 2023
Pearland, TX 77581-8604
2549 Roy Rd
Counseling0123
Counseling Connections for Change, Inc.
No AMC
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
Uniform Residential Appraisal Report File No.
The purpose of this summary appraisal report is to provide the lender/client with an accurate, and adequately supported, opinion of the market value of the subject property.
Property Address City State Zip Code
Borrower Owner of Public Record County
Legal Description
Assessor's Parcel #Tax Year R.E. Taxes $
Neighborhood Name Map Reference Census Tract
Occupant Owner Tenant Vacant Special Assessments $PUD HOA $per year per month
Property Rights Appraised Fee Simple Leasehold Other (describe)
Assignment Type Purchase Transaction Refinance Transaction Other (describe)
Lender/Client Address
Is the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal?Yes No
Report data source(s) used, offering price(s), and date(s).SUBJECTI did did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not performed.
Contract Price $Date of Contract Is the property seller the owner of public record?Yes No Data Source(s)
Is there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower?Yes No
If Yes, report the total dollar amount and describe the items to be paid.CONTRACTNeighborhood Characteristics One-Unit Housing Trends One-Unit Housing Present Land Use %
Note: Race and the racial composition of the neighborhood are not appraisal factors.
Location Urban Suburban Rural Property Values Increasing Stable Declining PRICE AGE One-Unit %
Built-Up Over 75%25-75%Under 25%Demand/Supply Shortage In Balance Over Supply $(000)(yrs)2-4 Unit %
Growth Rapid Stable Slow Marketing Time Under 3 mths 3-6 mths Over 6 mths Low Multi-Family %
Neighborhood Boundaries High Commercial %
Pred.Other %
Neighborhood Description
Market Conditions (including support for the above conclusions)NEIGHBORHOODDimensions Area Shape View
Specific Zoning Classification Zoning Description
Zoning Compliance Legal Legal Nonconforming (Grandfathered Use)No Zoning Illegal (describe)
Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use?Yes No If No, describe.
Utilities Public Other (describe)Public Other (describe)Off-site Improvements—Type Public Private
Electricity Water Street
Gas Sanitary Sewer Alley
FEMA Special Flood Hazard Area Yes No FEMA Flood Zone FEMA Map #FEMA Map Date
Are the utilities and off-site improvements typical for the market area?Yes No If No, describe.
Are there any adverse site conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)?Yes No If Yes, describe.SITEGENERAL DESCRIPTION FOUNDATION EXTERIOR DESCRIPTION materials/condition INTERIOR materials/condition
Units One One with Accessory Unit Concrete Slab Crawl Space Foundation Walls Floors
# of Stories Full Basement Partial Basement Exterior Walls Walls
Type Det.Att.S-Det./End Unit Basement Area sq. ft.Roof Surface Trim/Finish
Existing Proposed Under Const.Basement Finish %Gutters & Downspouts Bath Floor
Design (Style)Outside Entry/Exit Sump Pump Window Type Bath Wainscot
Year Built Evidence of Infestation Storm Sash/Insulated Car Storage None
Effective Age (Yrs)Dampness Settlement Screens Driveway # of Cars
Attic None Heating FWA HWBB Radiant Amenities WoodStove(s) #Driveway Surface
Drop Stair Stairs Other Fuel Fireplace(s) #Fence Garage # of Cars
Floor Scuttle Cooling Central Air Conditioning Patio/Deck Porch Carport # of Cars
Finished Heated Individual Other Pool Other Att.Det.Built-in
Appliances Refrigerator Range/Oven Dishwasher Disposal Microwave Washer/Dryer Other (describe)
Finished area above grade contains:Rooms Bedrooms Bath(s)Square Feet of Gross Living Area Above Grade
Additional features (special energy efficient items, etc.).
Describe the condition of the property (including needed repairs, deterioration, renovations, remodeling, etc.).
Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property?Yes No If Yes, describe.
Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)?Yes No If No, describe.IMPROVEMENTSPage 1 of 6Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005Produced using ACI software, 800.234.8727 www.aciweb.com
1004_05UAD 12182015
UAD Version 9/2011
Counseling0123
Counseling0123
Appraisal Report
CAD/HARMLS
X
Counseling Connections for Change, Inc.
Market ValueX
X
00X
6605.00615FPearland
12,94020220504-0036-000
A0504 H T & B R R Tract 21 S/2 Acres 5.00 Primary Site
BrazoriaJames D & Michelle A PurdomCounseling Connections for Change, Inc.
77581-8604TXPearland2549 Roy Rd
Aee Attached Addendum
The subject neighborhood by definition is the subjects legal subdivision and/or the marketing area of the subject
property depending on the availability of recent comparable data.
4Vacant
4%
2%
0%
90%
10
67
0
450
1,700
55
Neighborhood is bound on the east by Highway 35, west by I-45, north
by Beltway 8 and south by F.M. 528. (See Attachment)
X
X
X
X
X
X
SEE Survey,
Survey was not made available to the appraiser
X
X
12/30/202048039C0040KXX
None
XConc,Curbs
X
X
PublicX
X
See Attached
Addendum
X
See AttachedX
No Zoning0032
N;Res;Rectangular/Interior5.00 acSee Attached Addm.
X
X
C3;No updates in the prior 15 years;The subject is
considered to be in overall avaerage condition for the area and the floor plan appears adequate. Physical depreciation is indicated for
age and normal wear and tear. No apparent external or functional inadequacies were observed that would affect marketability.
Concrete walks, patio, and driveway, 6' wood fence, covered patio, wood blinds, crown
molding, chair rails, raised ceilings.
2,2550.238
XXXXX
X
2X
0
Cncrt
2X
CT/Avg
CT/Avg
Wood/Avg
SR/Avg
Cpt,SV,Wd/Avg
NoneGuniteX
CncrtXCncrtX
WdX1X
0
Yes/Avg
None
SH ALum/Gd
Alum/Avg
Comp Shgl/Avg
Brk/Fbd/Avg
Concrete/Avg
None
X
Gas
X
0
0
X
X
10
1954
Traditional
X
X
2
X
Uniform Residential Appraisal Report File No.
There are comparable properties currently offered for sale in the subject neighborhood ranging in price from $to $.
There are comparable sales in the subject neighborhood within the past twelve months ranging in sale price from $to $.
FEATURE SUBJECT
Address
Proximity to Subject
Sale Price $
Sale Price/Gross Liv. Area $sq. ft.
Data Source(s)
Verification Source(s)
VALUE ADJUSTMENTS DESCRIPTION
Sale or Financing
Concessions
Date of Sale/Time
Location
Leasehold/Fee Simple
Site
View
Design (Style)
Quality of Construction
Actual Age
Condition
Above Grade Total Bdrms.Baths
Room Count
Gross Living Area sq. ft.
Basement & Finished
Rooms Below Grade
Functional Utility
Heating/Cooling
Energy Efficient Items
Garage/Carport
Porch/Patio/Deck
Net Adjustment (Total)
Adjusted Sale Price
of Comparables
COMPARABLE SALE NO. 1
$
$sq. ft.
DESCRIPTION +(-) $ Adjustment
Total Bdrms.Baths
sq. ft.
+-$
Net Adj.%
Gross Adj.%$
COMPARABLE SALE NO. 2
$
$sq. ft.
DESCRIPTION +(-) $ Adjustment
Total Bdrms.Baths
sq. ft.
+-$
Net Adj.%
Gross Adj.%$
COMPARABLE SALE NO. 3
$
$sq. ft.
DESCRIPTION +(-) $ Adjustment
Total Bdrms.Baths
sq. ft.
+-$
Net Adj.%
Gross Adj.%$
I did did not research the sale or transfer history of the subject property and comparable sales. If not, explain
My research did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal.
Data source(s)
My research did did not reveal any prior sales or transfers of the comparable sales for the year prior to the date of sale of the comparable sale.
Data source(s)
Report the results of the research and analysis of the prior sale or transfer history of the subject property and comparable sales (report additional prior sales on page 3).
ITEM SUBJECT
Date of Prior Sale/Transfer
Price of Prior Sale/Transfer
Data Source(s)
Effective Date of Data Source(s)
COMPARABLE SALE NO. 1 COMPARABLE SALE NO. 2 COMPARABLE SALE NO. 3
Analysis of prior sale or transfer history of the subject property and comparable sales
Summary of Sales Comparison Approach.
Indicated Value by Sales Comparison Approach $SALES COMPARISON APPROACHIndicated Value by:Sales Comparison Approach $Cost Approach (if developed) $Income Approach (if developed) $
This appraisal is made "as is,"subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed,
subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or subject to the following required
inspection based on the extraordinary assumption that the condition or deficiency does not require alteration or repair:
Based on a complete visual inspection of the interior and exterior areas of the subject property, defined scope of work, statement of assumptions and limiting
conditions, and appraiser’s certification, my (our) opinion of the market value, as defined, of the real property that is the subject of this report is $
as of , which is the date of inspection and the effective date of this appraisal.RECONCILIATIONPage 2 of 6Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005Produced using ACI software, 800.234.8727 www.aciweb.com
1004_05UAD 12182015
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Counseling0123
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Appraisal Report
565,000395,00033
449,900395,0004
NoneMisc
None# of Fireplaces
No PoolPool Description
Porch,Patio
2cp2dw
Ceiling Fans
FWA/CAC
Average
0sf
2,25545
0.238
C3
69
Q4
DT1;Traditional
N;Res;
5.00 ac
Fee Simple
N;Res;
0.00
Pearland, TX 77581-8604
2549 Roy Rd
532,30031.5
9.8
47,300X
-20,000Shop
None
No Pool
Porch,Patio
-10,0002ga2cp2dw
Ceiling Fans
FWA/CAC
Average
0sf
-12,7002,537
-10,0003.049
C3
052
Q4
0DT2;Traditional
N;Res;
100,0003.00 ac
Fee Simple
N;Res;
0s12/22;c12/22
0Unknown;5000
0ArmLth
/CAD
HARMLS#20045388;DOM 42
191.17
485,000
1.11 miles SE
Pearland, TX 77584
3125 Harkey Rd
442,40012.5
-12.5
63,100X
None
-5,0001 Fireplace
-25,000Pool
Porch,Patio
-10,0003gd3dw
Ceiling Fans
FWA/CAC
Average
0sf
02,213
-20,0003.049
C3
-3,10038
Q4
DT1;Traditional
N;Res;
5.00 ac
Fee Simple
N;Res;
0s06/22;c05/22
0Unknown;0
0ArmLth
/CAD
HARMLS#66055870;DOM 8
228.42
505,500
2.10 miles NW
Pearland, TX 77581
1310 Stone Rd
595,60045.3
10.3
55,600X
None
-5,0001 Fireplace
-25,000Pool
Porch,Patio
-5,0002ga2dw
Ceiling Fans
FWA/CAC
Average
0sf
02,181
-5,0002.038
-50,000C2
-4,40025
Q4
DT1;Traditional
N;Res;
150,0001.03 ac
Fee Simple
N;Res;
0s08/22;c07/22
0Cash;0
0ArmLth
/CAD
HARMLS#81240786;DOM 19
247.59
540,000
0.51 miles SW
Pearland, TX 77584
2742 Westchester Cir
HAR MLS/BCAD
X
HAR MLS/BCAD
X
The subject property and comparable sales
have not been listed for sale in the past 12 months.
X
01/24/2023
HARMLS,CAD
01/24/2023
HARMLS,CAD
01/24/2023
HARMLS,CAD
01/24/2023
HARMLS,CAD
540,000
All sales were used as they were considered to represent the best available data. The data cited in the
Sales Comparison Analysis is for known features considered relevant to estimate Market Value. The value of the subject is within the
indicated range and appears adequate. Most emphasis was placed on sale 2 due to the least amount of net and gross adjustments. All
sales are located in the immediate area of the subject and are considered to be reasonably similiar to the subject. See Attached
The subject is not currently listed for sale, no listing history for the prior
12 months, per the Houston MLS. There have been no sales in the last 36 months of the subject and no sales in the last 12 months of
all comparable sales. The value for the subject is reasonably consistent with other new home sales and resales in the general area.
01/19/2023
540,000
X
Most weight placed on the Sales Comparison Analysis which is more indicative of Market Value under the willing buyer and seller
concept. The Cost Approach tends to set the upper limit of value at this time. The Income Approach is not considered to be applicable,
as (See Attachment)
0547,243540,000
AK Consulting
Uniform Residential Appraisal Report File No.ADDITIONAL COMMENTSCOST APPROACH TO VALUE (not required by Fannie Mae)
Provide adequate information for the lender/client to replicate the below cost figures and calculations.
Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value)
ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW
Source of cost data
Quality rating from cost service Effective date of cost data
Comments on Cost Approach (gross living area calculations, depreciation, etc.)
Estimated Remaining Economic Life (HUD and VA only)Years
OPINION OF SITE VALUE ........................................= $
Dwelling Sq. Ft. @ $............= $
Sq. Ft. @ $............= $
Garage/Carport Sq. Ft. @ $............= $
Total Estimate of Cost-New ............= $
Less Physical Functional External
Depreciation = $ ()
Depreciated Cost of Improvements ................................= $
"As-is" Value of Site Improvements ................................= $
INDICATED VALUE BY COST APPROACH ......................= $COST APPROACHINCOME APPROACH TO VALUE (not required by Fannie Mae)
Estimated Monthly Market Rent $X Gross Rent Multiplier = $Indicated Value by Income Approach
Summary of Income Approach (including support for market rent and GRM)INCOMEPROJECT INFORMATION FOR PUDs (if applicable)
Is the developer/builder in control of the Homeowners' Association (HOA)?Yes No Unit type(s)Detached Attached
Provide the following information for PUDs ONLY if the developer/builder is in control of the HOA and the subject property is an attached dwelling unit.
Legal name of project
Total number of phases Total number of units Total number of units sold
Total number of units rented Total number of units for sale Data source(s)
Was the project created by the conversion of an existing building(s) into a PUD?Yes No If Yes, date of conversion.
Does the project contain any multi-dwelling units?Yes No Data source(s)
Are the units, common elements, and recreation facilities complete?Yes No If No, describe the status of completion.
Are the common elements leased to or by the Homeowners' Association?Yes No If Yes, describe the rental terms and options.
Describe common elements and recreational facilities.PUD INFORMATIONPage 3 of 6Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005Produced using ACI software, 800.234.8727 www.aciweb.com
1004_05UAD 12182015
UAD Version 9/2011
Counseling0123
Counseling0123
Appraisal Report
The "Extent of Appraisal Process" can also be referred to as "The Scope of the Appraisal." This appraisal was performed in
accordance with the regulations developed by the "LFRA" as requirred by FIRREA. This report constitutes a summary appraisal report.
A complete visual inspection is intended to mean a complete visual inspection of what is readily apparent without moving, removing,
relocating, attempting access to restricted spaces, or otherwise doing an intrusive inspection of the subject property.
APPRAISER HAS MADE A VISUAL INSPECTION OF WHAT IS APPARENT. THE APPRAISER HAS NOT MOVED, REMOVED,
RELOCATED ANY PERSONAL PROPERTY TO ASCERTAIN A BETTER VIEW. THE APPRAISER HAS NOT TESTED ANY SYSTEM
TO SEE THAT IT WORKS BEYOND TURNING IT ON AND OFF. THE APPRAISER IS NOT AN EXPERT IN PLUMBING,
ELECTRICAL, HEATING AND AIR CONDITIONING. THE APPRAISER HAS REPORTED AND WILL BE RESPONSIBLE ONLY FOR
WHAT WAS OBSERVEABLE AND APPARENT. THE APPRAISER IS NOT AN EXPERT IN ENVIRONMENTAL HAZARDS OR
CONDITIONS AND IS NOT QUALIFIED TO COMMENT ON SUCH MATTERS. THE APPRAISER HAS NO EXPERTISE IN MATTERS
RELATING TO STRUCTURAL, SOIL, OR OTHER ENGINEERING MATTERS AND CANNOT COMMENT ON SUCH MATTERS.
Utilities were on and Functioning at time of inspection. A head and shoulders inspection was done of the roof and attic.
547,243
8,500
255,243
46,407$46,407
65
301,650
0250
8,500Patio,Porch
00
293,150130.002,255
283,500
55
Cost figures were derived through the "Marshall & Swift Cost
Handbook". The site value is estimated by land sales in the area
and by abstraction. The land to value ratio is considered to be
typical for the area. Estimated effective economic life is 55+/-
years.
12/2022Average
Marshall-Swift Residential Cost Handbook
X
County tax records and/or recent comparable land
sales were used to determine site value.
0
Uniform Residential Appraisal Report File No.
This report form is designed to report an appraisal of a one-unit property or a one-unit property with an accessory unit; including a
unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a manufactured home or a unit
in a condominium or cooperative project.
This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of
assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user,
definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work
to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or
deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations
to this appraisal report, such as those required by law or those related to the appraiser’s continuing education or membership in an
appraisal organization, are permitted.
SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the
reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions
and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the
interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at
least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis,
opinions, and conclusions in this appraisal report.
INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of
this appraisal for a mortgage finance transaction.
INTENDED USER: The intended user of this appraisal report is the lender/client.
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is
not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of
title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed
or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for
exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements
comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative
financing or sales concessions* granted by anyone associated with the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are
necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily
identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be
made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already
involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the
financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or
concessions based on the appraiser's judgment.
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser’s certification in this report is subject to the
following assumptions and limiting conditions:
1.The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title
to it, except for information that he or she became aware of during the research involved in performing this appraisal. The
appraiser assumes that the title is good and marketable and will not render any opinions about the title.
2.The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The
sketch is included only to assist the reader in visualizing the property and understanding the appraiser’s determination of its size.
3.The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or
other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special
Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this
determination.
4.The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand, or as otherwise required by law.
5.The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of
hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of
during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no
knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to,
needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that
would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or
warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or
testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of
environmental hazards, this appraisal report must not be considered as an environmental assessment of the property.
6.The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be
performed in a professional manner.
Page 4 of 6
Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005Produced using ACI software, 800.234.8727 www.aciweb.com
1004_05UAD 12182015
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Appraisal Report
Uniform Residential Appraisal Report File No.
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1.I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this
appraisal report.
2.I performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of
the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability,
soundness, or structural integrity of the property.
3.I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice
that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the
time this appraisal report was prepared.
4.I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison
approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal
assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise
indicated in this report.
5.I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale
of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property
for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report.
6.I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the
date of sale of the comparable sale, unless otherwise indicated in this report.
7.I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property.
8.I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home
that has been built or will be built on the land.
9.I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject
property and the comparable sales.
10.I verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in
the sale or financing of the subject property.
11.I have knowledge and experience in appraising this type of property in this market area.
12.I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing
services, tax assessment records, public land records and other such data sources for the area in which the property is located.
13.I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from
reliable sources that I believe to be true and correct.
14.I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject
property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have
noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of
hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property
or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in
my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject
property.
15.I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all
statements and information in this appraisal report are true and correct.
16.I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are
subject only to the assumptions and limiting conditions in this appraisal report.
17.I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective
personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my
analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap,
familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or
occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law.
18.My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned
on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined
specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the
attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan
application).
19.I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on
significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the
preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal
report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to
any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it.
20.I identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization that ordered
and will receive this appraisal report.
21.The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower;
the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market
participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality
of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser’s or
supervisory appraiser’s (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or
distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other
media).
Page 5 of 6
Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005Produced using ACI software, 800.234.8727 www.aciweb.com
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Uniform Residential Appraisal Report File No.
22.I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws
and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that
pertain to disclosure or distribution by me.
23.The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers,
government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any
mortgage finance transaction that involves any one or more of these parties.
24.If this appraisal report was transmitted as an “electronic record” containing my “electronic signature,” as those terms are
defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal
report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a
paper version of this appraisal report were delivered containing my original hand written signature.
25.Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and/or criminal
penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section
1001, et seq., or similar state laws.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that:
1.I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser’s
analysis, opinions, statements, conclusions, and the appraiser’s certification.
2.I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser’s analysis,
opinions, statements, conclusions, and the appraiser’s certification.
3.The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the
appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law.
4.This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal
report was prepared.
5.If this appraisal report was transmitted as an “electronic record” containing my “electronic signature,” as those terms are
defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal
report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a
paper version of this appraisal report were delivered containing my original hand written signature.
APPRAISER
Signature
Name
Company Name
Company Address
Telephone Number
Email Address
Date of Signature and Report
Effective Date of Appraisal
State Certification #
or State License #
or Other (describe)State #
State
Expiration Date of Certification or License
ADDRESS OF PROPERTY APPRAISED
APPRAISED VALUE OF SUBJECT PROPERTY $
LENDER/CLIENT
Name
Company Name
Company Address
Email Address
SUPERVISORY APPRAISER (ONLY IF REQUIRED)
Signature
Name
Company Name
Company Address
Telephone Number
Email Address
Date of Signature
State Certification #
or State License #
State
Expiration Date of Certification or License
SUBJECT PROPERTY
Did not inspect subject property
Did inspect exterior of subject property from street
Date of Inspection
Did inspect interior and exterior of subject property
Date of Inspection
COMPARABLE SALES
Did not inspect exterior of comparable sales from street
Did inspect exterior of comparable sales from street
Date of Inspection
Page 6 of 6
Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005Produced using ACI software, 800.234.8727 www.aciweb.com
1004_05UAD 12182015
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Counseling0123
Counseling0123
Appraisal Report
Counseling Connections for Change, Inc.
No AMC
540,000
Pearland, TX 77581-8604
2549 Roy Rd
08/31/2023
TX
1337276
01/19/2023
01/24/2023
ashaekubicek@yahoo.com
713.269.2421
Pearland, TX 77581-8304
2260 Stevens Dr
AK Consulting
Ashae L. Kubicek
AK Consulting
Uniform Residential Appraisal Report File No.
FEATURE SUBJECT
Address
Proximity to Subject
Sale Price $
Sale Price/Gross Liv. Area $sq. ft.
Data Source(s)
Verification Source(s)
VALUE ADJUSTMENTS DESCRIPTION
Sale or Financing
Concessions
Date of Sale/Time
Location
Leasehold/Fee Simple
Site
View
Design (Style)
Quality of Construction
Actual Age
Condition
Above Grade Total Bdrms.Baths
Room Count
Gross Living Area sq. ft.
Basement & Finished
Rooms Below Grade
Functional Utility
Heating/Cooling
Energy Efficient Items
Garage/Carport
Porch/Patio/Deck
Net Adjustment (Total)
Adjusted Sale Price
of Comparables
COMPARABLE SALE NO. 4
$
$sq. ft.
DESCRIPTION +(-) $ Adjustment
Total Bdrms.Baths
sq. ft.
+-$
Net Adj.%
Gross Adj.%$
COMPARABLE SALE NO. 5
$
$sq. ft.
DESCRIPTION +(-) $ Adjustment
Total Bdrms.Baths
sq. ft.
+-$
Net Adj.%
Gross Adj.%$
COMPARABLE SALE NO. 6
$
$sq. ft.
DESCRIPTION +(-) $ Adjustment
Total Bdrms.Baths
sq. ft.
+-$
Net Adj.%
Gross Adj.%$
ITEM SUBJECT
Date of Prior Sale/Transfer
Price of Prior Sale/Transfer
Data Source(s)
Effective Date of Data Source(s)
COMPARABLE SALE NO. 4 COMPARABLE SALE NO. 5 COMPARABLE SALE NO. 6
Summary of Sales Comparison Approach
SALES COMPARISON APPROACHFannie Mae Form 1004 March 2005Freddie Mac Form 70 March 2005 Produced using ACI software, 800.234.8727 www.aciweb.com
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NoneMisc
None# of Fireplaces
No PoolPool Description
Porch,Patio
2cp2dw
Ceiling Fans
FWA/CAC
Average
0sf
2,25545
0.238
C3
69
Q4
DT1;Traditional
N;Res;
5.00 ac
Fee Simple
N;Res;
0.00
Pearland, TX 77581-8604
2549 Roy Rd
540,80063.0
25.8
110,800X
None
-5,0001 Fireplace
No Pool
Porch,Patio
-20,0004ga1gd1dw
Ceiling Fans
FWA/CAC
Average
0sf
15,8001,905
-5,0002.0311
-50,000C2
051
Q4
DT1;Traditional
N;Res;
175,00026123 sf
Fee Simple
N;Res;
0s07/22;c05/22
0Unknown;0
0ArmLth
/CAD
HARMLS#25772291;DOM 10
225.72
430,000
0.78 miles NE
Pearland, TX 77581
2153 Michael Ln
552,40046.4
0.4
2,400X
-20,000Barn
None
No Pool
Porch,Patio
-5,0004cp4dw
Ceiling Fans
FWA/CAC
Average
0sf
28,9001,612
-7,5002.138
-50,000C2
064
Q4
DT1;Traditional
N;Res;
100,0002.96 ac
Fee Simple
N;Res;
-44,000Active
0;0
0Listing
/CAD
HARMLS#89970785;DOM 82
341.19
550,000
2.01 miles NW
Pearland, TX 77584
633 Hillhouse Rd
01/24/2023
HARMLS,CAD
01/24/2023
HARMLS,CAD
01/24/2023
HARMLS,CAD
See Attachment
Uniform Appraisal Dataset Definitions File No.
Condition Ratings and Definitions
C1 The improvements have been very recently constructed and have not previously been occupied. The entire structure and all components are new and the dwelling features no
physical depreciation.*
*Note: Newly constructed improvements that feature recycled materials and/or components can be considered new dwellings provided that the dwelling is placed on a 100% new
foundation and the recycled materials and the recycled components have been rehabilitated/re-manufactured into like-new condition. Recently constructed improvements that have
not been previously occupied are not considered "new" if they have any significant physical depreciation (i.e., newly constructed dwellings that have been vacant for an extended
period of time without adequate maintenance or upkeep).
C2 The improvements feature no deferred maintenance, little or no physical depreciation, and require no repairs. Virtually all building components are new or have been recently
repaired, refinished, or rehabilitated. All outdated components and finishes have been updated and/or replaced with components that meet current standards. Dwellings in this category
either are almost new or have been recently completely renovated and are similar in condition to new construction.
*Note: The improvements represent a relatively new property that is well maintained with no deferred maintenance and little or no physical depreciation, or an older property that has
been recently completely renovated.
C3 The improvements are well maintained and feature limited physical depreciation due to normal wear and tear. Some components, but not every major building component, may
be updated or recently rehabilitated. The structure has been well maintained.
*Note: The improvement is in its first-cycle of replacing short-lived building components (appliances, floor coverings, HVAC, etc.) and is being well maintained. Its estimated effective age
is less than its actual age. It also may reflect a property in which the majority of short-lived building components have been replaced but not to the level of a complete renovation.
C4 The improvements feature some minor deferred maintenance and physical deterioration due to normal wear and tear. The dwelling has been adequately maintained and requires
only minimal repairs to building components/mechanical systems and cosmetic repairs. All major building components have been adequately maintained and are functionally adequate.
*Note: The estimated effective age may be close to or equal to its actual age. It reflects a property in which some of the short-lived building components have been replaced, and some
short-lived building components are at or near the end of their physical life expectancy; however, they still function adequately. Most minor repairs have been addressed on an ongoing
basis resulting in an adequately maintained property.
C5 The improvements feature obvious deferred maintenance and are in need of some significant repairs. Some building components need repairs, rehabilitation, or updating. The
functional utility and overall livability is somewhat diminished due to condition, but the dwelling remains useable and functional as a residence.
*Note: Some significant repairs are needed to the improvements due to the lack of adequate maintenance. It reflects a property in which many of its short-lived building components are
at the end of or have exceeded their physical life expectancy but remain functional.
C6 The improvements have substantial damage or deferred maintenance with deficiencies or defects that are severe enough to affect the safety, soundness, or structural integrity
of the improvements. The improvements are in need of substantial repairs and rehabilitation, including many or most major components.
*Note: Substantial repairs are needed to the improvements due to the lack of adequate maintenance or property damage. It reflects a property with conditions severe enough to affect
the safety, soundness, or structural integrity of the improvements.
Quality Ratings and Definitions
Q1 Dwellings with this quality rating are usually unique structures that are individually designed by an architect for a specified user. Such residences typically are constructed from
detailed architectural plans and specifications and feature an exceptionally high level of workmanship and exceptionally high-grade materials throughout the interior and exterior of the
structure. The design features exceptionally high-quality exterior refinements and ornamentation, and exceptionally high-quality interior refinements. The workmanship, materials, and
finishes throughout the dwelling are of exceptionally high quality.
Q2 Dwellings with this quality rating are often custom designed for construction on an individual property owner's site. However, dwellings in this quality grade are also found in
high-quality tract developments featuring residences constructed from individual plans or from highly modified or upgraded plans. The design features detailed, high-quality exterior
ornamentation, high-quality interior refinements, and detail. The workmanship, materials, and finishes throughout the dwelling are generally of high or very high quality.
Q3 Dwellings with this quality rating are residences of higher quality built from individual or readily available designer plans in above-standard residential tract developments or on
an individual property owner's site. The design includes significant exterior ornamentation and interiors that are well finished. The workmanship exceeds acceptable standards and
many materials and finishes throughout the dwelling have been upgraded from "stock" standards.
Q4 Dwellings with this quality rating meet or exceed the requirements of applicable building codes. Standard or modified standard building plans are utilized and the design includes
adequate fenestration and some exterior ornamentation and interior refinements. Materials, workmanship, finish, and equipment are of stock or builder grade and may feature some
upgrades.
Q5 Dwellings with this quality rating feature economy of construction and basic functionality as main considerations. Such dwellings feature a plain design using readily available or
basic floor plans featuring minimal fenestration and basic finishes with minimal exterior ornamentation and limited interior detail. These dwellings meet minimum building codes and are
constructed with inexpensive, stock materials with limited refinements and upgrades.
Q6 Dwellings with this quality rating are of basic quality and lower cost; some may not be suitable for year-round occupancy. Such dwellings are often built with simple plans or
without plans, often utilizing the lowest quality building materials. Such dwellings are often built or expanded by persons who are professionally unskilled or possess only minimal
construction skills. Electrical, plumbing, and other mechanical systems and equipment may be minimal or non-existent. Older dwellings may feature one or more substandard or
non-conforming additions to the original structure.
Definitions of Not Updated, Updated, and Remodeled
Not Updated
Little or no updating or modernization. This description includes, but is not limited to, new homes.
Residential properties of fifteen years of age or less often reflect an original condition with no updating, if no major components have been replaced or updated. Those over fifteen
years of age are also considered not updated if the appliances, fixtures, and finishes are predominantly dated. An area that is 'Not Updated' may still be well maintained and fully
functional, and this rating does not necessarily imply deferred maintenance or physical /functional deterioration.
Updated
The area of the home has been modified to meet current market expectations. These modifications are limited in terms of both scope and cost.
An updated area of the home should have an improved look and feel, or functional utility. Changes that constitute updates include refurbishment and/or replacing components to meet
existing market expectations. Updates do not include significant alterations to the existing structure.
Remodeled
Significant finish and/or structural changes have been made that increase utility and appeal through complete replacement and/ or expansion.
A remodeled area reflects fundamental changes that include multiple alterations. These alterations may include some or all of the following: replacement of a major component
(cabinet(s), bathtub, or bathroom tile), relocation of plumbing/gas fixtures/appliances, significant structural alterations (relocating walls, and/or the addition of square footage).
This would include a complete gutting and rebuild.
Explanation of Bathroom Count
The number of full and half baths is reported by separating the two values by a period. The full bath is represented to the left of the period. The half bath count is represented to the
right of the period. Three-quarter baths are to be counted as a full bath in all cases. Quarter baths (baths that feature only toilet) are not to be included in the bathroom count.
Uniform Appraisal Dataset Definitions
Produced using ACI software, 800.234.8727 www.aciweb.com 1004_05UAD 12182015UAD Version 9/2011
Counseling0123
Counseling0123
Appraisal Report
Uniform Appraisal Dataset Definitions File No.
Abbreviations Used in Data Standardization Text
Abbrev.Full Name Appropriate Fields
ac Acres Area, Site
AdjPrk Adjacent to Park Location
AdjPwr Adjacent to Power Lines Location
A Adverse Location & View
ArmLth Arms Length Sale Sale or Financing Concessions
AT Attached Structure Design(Style)
ba Bathroom(s)Basement & Finished Rooms Below Grade
br Bedroom Basement & Finished Rooms Below Grade
B Beneficial Location & View
BsyRd Busy Road Location
cp Carport Garage/Carport
Cash Cash Sale or Financing Concessions
CtySky City View Skyline View View
CtyStr City Street View View
Comm Commercial Influence Location
c Contracted Date Date of Sale/Time
Conv Conventional Sale or Financing Concessions
cv Covered Garage/Carport
CrtOrd Court Ordered Sale Sale or Financing Concessions
DOM Days On Market Data Sources
DT Detached Structure Design(Style)
dw Driveway Garage/Carport
Estate Estate Sale Sale or Financing Concessions
e Expiration Date Date of Sale/Time
FHA Federal Housing Authority Sale or Financing Concessions
g Garage Garage/Carport
ga Garage - Attached Garage/Carport
gbi Garage - Built-in Garage/Carport
gd Garage - Detached Garage/Carport
GR Garden Structure Design(Style)
GlfCse Golf Course Location
Glfvw Golf Course View View
HR High Rise Structure Design(Style)
Ind Industrial Location & View
Abbrev.Full Name Appropriate Fields
in Interior Only Stairs Basement & Finished Rooms Below Grade
Lndfl Landfill Location
LtdSght Limited Sight View
Listing Listing Sale or Financing Concessions
MR Mid-Rise Structure Design(Style)
Mtn Mountain View View
N Neutral Location & View
NonArm Non-Arms Length Sale Sale or Financing Concessions
op Open Garage/Carport
o Other Basement & Finished Rooms Below Grade
O Other Design(Style)
Prk Park View View
Pstrl Pastoral View View
PwrLn Power Lines View
PubTrn Public Transportation Location
rr Recreational (Rec) Room Basement & Finished Rooms Below Grade
Relo Relocation Sale Sale or Financing Concessions
REO REO Sale Sale or Financing Concessions
Res Residential Location & View
RT Row or Townhouse Design(Style)
RH Rural Housing - USDA Sale or Financing Concessions
SD Semi-detached Structure Design(Style)
s Settlement Date Date of Sale/Time
Short Short Sale Sale or Financing Concessions
sf Square Feet Area, Site, Basement
sqm Square Meters Area, Site, Basement
Unk Unknown Date of Sale/Time
VA Veterans Administration Sale or Financing Concessions
wo Walk Out Basement Basement & Finished Rooms Below Grade
wu Walk Up Basement Basement & Finished Rooms Below Grade
WtrFr Water Frontage Location
Wtr Water View View
w Withdrawn Date Date of Sale/Time
Woods Woods View View
Other Appraiser-Defined Abbreviations
Abbrev.Full Name Appropriate Fields Abbrev.Full Name Appropriate Fields
Uniform Appraisal Dataset Definitions
Produced using ACI software, 800.234.8727 www.aciweb.com 1004_05UAD 12182015UAD Version 9/2011
Counseling0123
Counseling0123
Appraisal Report
ADDENDUM
Borrower:Counseling Connections for Change, Inc.File No.:Counseling0123
Property Address:2549 Roy Rd Case No.:Counseling0123
City:Pearland State:TX Zip:77581-8604
Lender:Counseling Connections for Change, Inc.
Addendum Page 1 of 3
The greater Houston area does not incorporate "Zoning", into property usage. Property usage is
determined by "Deed Restrictions", which are determined by each neighborhood or subdivision.
Cost figures were derived through the "Marshall & Swift Cost Handbook". The site value is estimated
by land sales in the area and by abstraction. The land to value ratio is considered to be typical for the
area.
Document and/or Deed numbers were not available the the subject or comparable sales, as Texas is not
an "Open Records" state.
A plat map was not made available to the appraiser at the time of inspection.
This appraisal has been signed with a digital signature as allowed by USPAP guidelines.
A reasonable exposure time for the subject property is 180 days.
SCOPE OF APPRAISAL:
This appraisal report has been prepared in accordance with the Uniform Standards of Professional
Appraisal Practices. The purpose of this appraisal is to estimate the current market of the subject
property as of the date of inspection. The purpose of the appraisal is to estimate market value of the
subject property as defined herein. The function of the appraisal is to assist the lender in evaluating the
subject property for lending purposes. This is a Federally related transaction. The appraisal process
consists of various steps which will lead to a final value conclusion. These steps include a physical
inspection of the subject, exterior inspection of the comparables, inspection of the subject
neighborhood. The process continues with a thorough research and analysis of sales data in the
subject's market area with emphasis placed on various units of comparability to the subject property.
The Cost Data is taken from various sources such as the Marshall and Swift Cost Estimator, local
builders and other reliable sources. The estimated site value is based on recent sales activity of
comparably priced properties or in cases where there is insufficient data, the site value can be based
upon the allocation, extraction, or land residual techniques. The collection of general and specific data
is also researched and analyzed in this appraisal. The sales utilized in this report are felt to be the best
available within a reasonable time period.
The scope of this appraisal does not include litigation, mediation, or trail and deposition time or fees.
In the case that this occurs, additional time and fees will be required and invoiced to the client or their
representation.
Neighborhood Boundaries
Water and sewer service is provided by a water district. Police and fire protection is provided by Brazoria County.
Garbage pick-up is by private company. Homes in the area consist of custom and tract built homes on typical
sites. There is no public transportation in the general area which is typical for the suburban areas of Houston.
However, there are Park N Ride facilities located reasonably nearby that provide express bus service to
downtown Houston. Property compatibility, police and fire protection, general appearance of properties, appeal to
market, protection from detrimental conditions and adequacy of utilities are considered average for the subject
subdivision and for the general area.
Neighborhood Market Conditions
Overall market conditions are average. Market studies indicate values are stable to slightly increasing at this time. Marketing
time is predominantly under 180 days, although some properties do take longer to market. Supply and demand appear to be
in balance per MLS. Mortgage financing is currently available at competitive rates and terms for homes in the subject
neighborhood. Significant seller concessions that would result in increased sale prices have not been noted in this area.
Zoning Compliance
Since the subject is located in a "no zoning" area it can be rebuilt "as is" in the event of a loss.
Highest and Best Use
The subject as improved represents highest and best use of the land. The existance or non-existence of recorded deed
restrictions and/or zoning ordinances is identified in the Site section of the form. The appraiser has not reviewed CC&R's or
ordinanaces and the market value estimate assumes they have no adverse impact on reasonable use and enjoyment of the
property. The property use must represent a potential and permissible use within the confines of legal, physical, economic
and sociological constraints of the site and the neighborhood. Most commonly, the current use of an improved single-family
residential property is its Highest and Best Use.
ADDENDUM
Borrower:Counseling Connections for Change, Inc.File No.:Counseling0123
Property Address:2549 Roy Rd Case No.:Counseling0123
City:Pearland State:TX Zip:77581-8604
Lender:Counseling Connections for Change, Inc.
Addendum Page 2 of 3
Site Comments
SEE Survey, Survey was not made available to the appraiser
Additional Features
The home has been completely remedelled including but not limited to the following: All sheetrock, cabinets, trim, flooring,
toilets. sinks, bath tubs, counter tops, paint, light fixtures, plumbing fixtures, hardware, fence, landscaping, pavers, screened
patio, tiling, exterior paint.
Comments on Sales Comparison
All comps are considered to be reasonably similar to the subject. All adjustments are based on the estimated
contributory value of the improvements.
Comps 1, 3, 4 and 5 are adjusted for site size. Comps 2 and 3 are adjsuted for age at $100/year. Comps 3, 4 and
5 are adjsuted for condition after reporting extensive recent updating.
Comp 5 is a listing that is comparable to the subject and included to show market trends. This comp is adjusted
at 8% for the difference in the market areas typcial range of 1.0% to 8.3% of listing to sales price difference. All
other adjustements are evident.
The indicated value for the subject property is greater than the indicated predominant value of the neighborhood,
as the subject is one of the larger homes and is in the upper value range for the subdivision. The property is not
an over-improvement for the area, and although the appraised value is higher than the predominant value, it does
not jeopardize the position of the lender.
Final Reconciliation
properties of this type are not typically income producing.
The cost approach has only been deveolped by the appraiser as an analysis to support their opinion of the
property's market value. Use of this data, in whole or part, for other purposes is not intended by the appraier.
Nothing set forth in the appariasal should be relied upon for the purpose of determining the amount or type of
insurance coverage to be placed on the subject property. The appraiser assumes no liability for and does not
guarantee that any insurble value estimate inferred from this report will result in the subject property being fully
insured for any loss that may be sustained. Further, the cost approach may not be a reliable indication of
replacement or reproduction cost for any date other than the effective date of this appraisal due to changing costs
of labor and materials and due to changing building codes and governmental regulations and requirements.
Conditions of Appraisal
The Intended User of this appraisal report is the Lender/Client. The Intended Use is to evaluate the property that
is the subject of this appraisal for a mortgage finance transaction, subject to the stated Scope of Work, purpose
of the appraisal, reporting requirements of this appraisal report form, and Definition of Market Value. No
additional Intended Users are identified by the appraiser.
Additional Comments
Comp photos are from one of three sources; appraisal files, picture taken by appraiser, or MLS, depending on most reliable
and available access. In the appraiser opinion, a majority of the time the MLS pictures best represent the condiiton and
appeal of the home at time of sale. Making MLS pictures a majority of the time the most reliable. In properites where access
by the public is not granted, MLS pictures can be the only available representation.
It is the appraisers opinion that comp photos taken at time or sale (MLS photos) are the best representation of the comp. All
comps were viewed from street.
Extra Comments
THE PROPERTY HAS NOT SOLD IN THE LAST 3 YEARS. IT WAS NOT AFFECTED BY THE 2021 FLOODING OF IDA OR
ANY OTHER 2021 DISASTER FLOODING OR DAMAGE.
"No Conflict"
I have no present or prospective interest in the property that is the subject of this report, and I have no
present or prospective personal interest or bias with respect to the participants in this transaction. I did
not base, either partially or completely, my analysis and /or opinion of market value in this report on the
race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the
prospective owners or occupants of the subject property or of the present owners or occupants of the
properties in the vicinity of the subject property or on any other basis prohibited by law. I have not
performed any services on the subject property in the last 3 years.
***NOTE***
As of the effective date, the short and long-term impact on the market from the COVID-19 virus is
unknown; however, it is reasonable to assume that current restrictions in market activity due to the virus
ADDENDUM
Borrower:Counseling Connections for Change, Inc.File No.:Counseling0123
Property Address:2549 Roy Rd Case No.:Counseling0123
City:Pearland State:TX Zip:77581-8604
Lender:Counseling Connections for Change, Inc.
Addendum Page 3 of 3
will extend marketing times at least 30 days beyond the current levels. This assumption has been taken
into consideration with regards to the estimate of reasonable exposure time. At this time, the appraiser
assumes that there is a delay in market activity, but not a significant long-term shift in demand or
supply which would result in a change in market prices. These are considered to be extraordinary
assumptions which, if proven false, could impact the opinions and conclusions expressed herein.
***NOTE***
ANSI Standard when measuring and reporting gross living area (GLA) and non-GLA areas of subject
properties for appraisals requiring interior and exterior inspections was used in this appraisal. Above
grade finished area is 2255 sf. The below grade unfinished area is 0 sf.
In the sketch if the sf label is a whole number the decimal is removed. All sf labels are measured to the
1st decimal or inch figure.
Market Conditions Addendum to the Appraisal Report File No.
The purpose of this addendum is to provide the lender/client with a clear and accurate understanding of the market trends and conditions prevalent in the subject neighborhood. This is a required
addendum for all appraisal reports with an effective date on or after April 1, 2009.
Property Address City State Zip Code
Borrower
Instructions:The appraiser must use the information required on this form as the basis for his/her conclusions, and must provide support for those conclusions, regarding housing trends and
overall market conditions as reported in the Neighborhood section of the appraisal report form. The appraiser must fill in all the information to the extent it is available and reliable and must provide
analysis as indicated below. If any required data is unavailable or is considered unreliable, the appraiser must provide an explanation. It is recognized that not all data sources will be able to
provide data for the shaded areas below; if it is available, however, the appraiser must include the data in the analysis. If data sources provide the required information as an average instead of the
median, the appraiser should report the available figure and identify it as an average. Sales and listings must be properties that compete with the subject property, determined by applying the criteria
that would be used by a prospective buyer of the subject property. The appraiser must explain any anomalies in the data, such as seasonal markets, new construction, foreclosures, etc.
Inventory Analysis
Total # of Comparable Sales (Settled)
Absorption Rate (Total Sales/Months)
Total # of Comparable Active Listings
Months of Housing Supply (Total Listings/Ab.Rate)
Median Sale & List Price, DOM, Sale/List %
Median Comparable Sale Price
Median Comparable Sales Days on Market
Median Comparable List Price
Median Comparable Listings Days on Market
Median Sale Price as % of List Price
Seller-(developer, builder, etc.)paid financial assistance prevalent?
Increasing
Increasing
Declining
Declining
Increasing
Declining
Increasing
Declining
Increasing
Declining
Stable
Stable
Stable
Stable
Stable
Stable
Stable
Stable
Stable
Stable
Declining
Declining
Increasing
Increasing
Declining
Increasing
Declining
Increasing
Declining
IncreasingYesNo
Prior 7-12 Months
Prior 7-12 Months
Prior 4-6 Months
Prior 4-6 Months
Current - 3 Months
Current - 3 Months
Overall Trend
Overall Trend
Explain in detail the seller concessions trends for the past 12 months (e.g., seller contributions increased from 3% to 5%, increasing use of buydowns, closing costs, condo fees, options, etc.).
Are foreclosure sales (REO sales) a factor in the market?Yes No If yes, explain (including the trends in listings and sales of foreclosed properties).
Cite data sources for above information.
Summarize the above information as support for your conclusions in the Neighborhood section of the appraisal report form. If you used any additional information, such as an analysis of
pending sales and/or expired and withdrawn listings, to formulate your conclusions, provide both an explanation and support for your conclusions.MARKET RESEARCH & ANALYSISIf the subject is a unit in a condominium or cooperative project , complete the following:Project Name:
Subject Project Data
Total # of Comparable Sales (Settled)
Absorption Rate (Total Sales/Months)
Total # of Active Comparable Listings
Months of Unit Supply (Total Listings/Ab. Rate)
Increasing
Increasing
Declining
Declining
Stable
Stable
Stable
Stable
Declining
Declining
Increasing
Increasing
Prior 7-12 Months Prior 4-6 Months Current - 3 Months Overall Trend
Are foreclosure sales (REO sales) a factor in the project?Yes No If yes, indicate the number of REO listings and explain the trends in listings and sales of foreclosed properties.
Summarize the above trends and address the impact on the subject unit and project.CONDO / CO-OP PROJECTSAPPRAISER
Signature
Name
Company Name
Company Address
State License/Certification #State
Email Address
SUPERVISORY APPRAISER (ONLY IF REQUIRED)
Signature
Name
Company Name
Company Address
State License/Certification #State
Email AddressAPPRAISER
Page 1 of 1Freddie Mac Form 71 March 2009 Fannie Mae Form 1004MC March 2009Produced using ACI software, 800.234.8727 www.aciweb.com
1004MC_2009 090909
Counseling0123
Counseling0123
Appraisal Report
Counseling Connections for Change, Inc.
77581-8604TXPearland2549 Roy Rd
XX
X
X
X
X
X
X
X
X
X
100.46%
45
414,000
5
467,500
6.00
4
0.67
2
98.36%
4
429,500
19
415,000
0.86
2
2.33
7
100.12%
59
439,999
6
421,500
0.75
3
4.00
24
The area has been minimally affected by the current recession and slow-down in the economy. However, the overall uncertainty of the
market has appeared to cause the Real Estate markets to slow. Based on the above indicated information, per MLS, there appears to
be a stable to slightly decreasing market over the last year, however and overall stable market. Also, currently within the subject
subdivision, there are a low number of listings. Marketing time is predominantly under 180 days, although some properties do take
longer to market. Supply and demand appear to be in balance per MLS. Mortgage financing is currently available at competitive rates
and terms for homes in the subject neighborhood. Terminated, expired, and withdrawn properties cannot be accurately analyzed
without a time consuming survey of each agent involved.
HARMLS was the data source used to complete the Market Conditions Addendum. 1/24/2023
The data used in the grid above does not indicate there were any REO/Short sales or other distressed properties associated with the
reported transactions. However, this is not a mandatory reporting field for agents and there may be some distressed sales that were
not reported. It is beyond the scope of this assignment to confirm each sale used in the Market Conditions Report.
X
HARMLS indicates there were 33 closed sales during the past 12 months and 6 of those sales contained seller concessions which is
18% of the total transactions in this market area. Prior Months 7-12: 24 Sales; 4 with concessions; 17% of sales for this period. 4-6: 7
Sales; 1 with concessions; 14% of sales for this period. 0-3: 2 Sales; 1 with concessions; 50% of sales for this period. The concessions
ranged between $2,000 and $9,900. The median concession amount is $3,250.
N/A
ashaekubicek@yahoo.com
TX1337276
Pearland, TX 77581-8304
2260 Stevens Dr
AK Consulting
Ashae L. Kubicek
ADDENDUM
Borrower:Counseling Connections for Change, Inc.File No.:Counseling0123
Property Address:2549 Roy Rd Case No.:Counseling0123
City:Pearland State:TX Zip:77581-8604
Lender:Counseling Connections for Change, Inc.
Addendum Page 1 of 1
Market Analysis: Seller Concessions Comments
Typical seller contributions/concessions for the immediate market area of the subject is considered to be between 0-6%, and
are considered to affect the sales price. With the decline in the Sub-prime market, the elimination of the Gift Programs and
more stringent loan guidelines, have all contributed to fewer seller concessions. While seller concessions are still available
within the market, the overall number has declined from the high. Today the current market trend while down from the high is
considered to be stable for concessions of any type. An appropriate adjustment will be made in the sales comparison grid if
any inducements of sales prices are found, otherwise, no adverse influences were found.
DIMENSION LIST ADDENDUM
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
GROSS BUILDING AREA (GBA)
GROSS LIVING AREA (GLA)
Area(s)Area % of GLA % of GBA
Living
Level 1
Level 2
Level 3
Other
GBA
Basement
Garage
Area Measurements Area Type
Measurements Factor Total Level 1 Level 2 Level 3 Other Bsmt.Garage
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
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x x =
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x x =
x x =
x x =
x x =
x x =
x x =
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x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
x x =
Produced using ACI software, 800.234.8727 www.aciweb.com DIM 10072013
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
0Other
462
-3.10-3.10-70
0.000.000
0.000.000
100.00100.002,255
100.002,255
2,255
2,255
X770.001.0028.0027.50
X5.001.000.5010.00
X622.501.0041.5015.00
X857.501.0017.5049.00
SUBJECT PROPERTY PHOTO ADDENDUM
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date:
Appraised Value: $
REAR VIEW OF
SUBJECT PROPERTY
STREET SCENE
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
540,000
January 19, 2023
INTERIOR PHOTOS
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
Kitchen
Comment:
Living Area
Description:
Comment:
Bathroom
Description:
Comment:
Produced using ACI software, 800.234.8727 www.aciweb.com INT3KLB 10072013
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
Half Bath
BATHROOM PHOTOS
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
Comment:
Comment:
Comment:
Produced using ACI software, 800.234.8727 www.aciweb.com INT3BATHR 06152012
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
Half Bath
INTERIOR PHOTOS
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
Comment:
Comment:
Comment:
Produced using ACI software, 800.234.8727 www.aciweb.com INT3AR 06152012
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
Bedroom
Bedroom
Bedroom
COMPARABLE PROPERTY PHOTO ADDENDUM
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
COMPARABLE SALE #1
Sale Date:
Sale Price: $
COMPARABLE SALE #2
Sale Date:
Sale Price: $
COMPARABLE SALE #3
Sale Date:
Sale Price: $
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
485,000
s12/22;c12/22
Pearland, TX 77584
3125 Harkey Rd
505,500
s06/22;c05/22
Pearland, TX 77581
1310 Stone Rd
540,000
s08/22;c07/22
Pearland, TX 77584
2742 Westchester Cir
COMPARABLE PROPERTY PHOTO ADDENDUM
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
COMPARABLE SALE #4
Sale Date:
Sale Price: $
COMPARABLE SALE #5
Sale Date:
Sale Price: $
COMPARABLE SALE #6
Sale Date:
Sale Price: $
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
430,000
s07/22;c05/22
Pearland, TX 77581
2153 Michael Ln
550,000
Active
Pearland, TX 77584
633 Hillhouse Rd
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
Produced using ACI software, 800.234.8727 www.aciweb.com PHT3 05212013
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
Subject Photo Page Addendum
Family
Den
Side of house
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:
Produced using ACI software, 800.234.8727 www.aciweb.com PHT3 05212013
Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
Subject Photo Page Addendum
Side of house
Additional street view
FLOORPLAN SKETCH
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
LOCATION MAP
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
Appraiser License
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
E & O
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
USPAP ADDENDUM File No.
Borrower:
Property Address:
City:County:State:Zip Code:
Lender:
Reasonable Exposure Time
My opinion of a reasonable exposure time for the subject property at the market value stated in this report is:
Additional Certifications
I have performed NO services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment.
I HAVE performed services, as an appraiser or in another capacity, regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment. Those services are described in the comments below.
Additional Comments
APPRAISER:SUPERVISORY APPRAISER (only if required):
Signature:Signature:
Name:Name:
Date Signed:Date Signed:
State Certification #:State Certification #:
or State License #:or State License #:
or Other (describe):State #:State:
State:Expiration Date of Certification or License:
Expiration Date of Certification or License:Supervisory Appraiser inspection of Subject Property:
Effective Date of Appraisal:Did Not Exterior-only from street Interior and Exterior
Produced using ACI software, 800.234.8727 www.aciweb.com USPAP_14NT 04272015
Counseling0123
Counseling0123
Appraisal Report
Counseling Connections for Change, Inc.
77581-8604TXBrazoriaPearland
2549 Roy Rd
Counseling Connections for Change, Inc.
See Attached Addendum
180 days
X
01/19/2023
08/31/2023
TX
1337276
01/24/2023
Ashae L. Kubicek
ADDENDUM
Borrower:Counseling Connections for Change, Inc.File No.:Counseling0123
Property Address:2549 Roy Rd Case No.:Counseling0123
City:Pearland State:TX Zip:77581-8604
Lender:Counseling Connections for Change, Inc.
Addendum Page 1 of 1
Reasonable Exposure Time Comments
Exposure period is estimated at 180 days.
The "Extent of Appraisal Process" can also be referred to as "The Scope of the Appraisal." This appraisal was performed in accordance with the regulations
developed by the "LFRA" as requirred by FIRREA. This report constitutes an appraisal report.
A complete visual inspection is intended to mean a complete visual inspection of what is readily apparent without moving, removing, relocating, attempting access
to restricted spaces, or otherwise doing an intrusive inspection of the subject property.
APPRAISER HAS MADE A VISUAL INSPECTION OF WHAT IS APPARENT. THE APPRAISER HAS NOT MOVED, REMOVED, RELOCATED ANY
PERSONAL PROPERTY TO ASCERTAIN A BETTER VIEW. THE APPRAISER HAS NOT TESTED ANY SYSTEM TO SEE THAT IT WORKS BEYOND
TURNING IT ON AND OFF. THE APPRAISER IS NOT AN EXPERT IN PLUMBING, ELECTRICAL, HEATING AND AIR CONDITIONING. THE APPRAISER HAS
REPORTED AND WILL BE RESPONSIBLE ONLY FOR WHAT WAS OBSERVEABLE AND APPARENT. THE APPRAISER IS NOT AN EXPERT IN
ENVIRONMENTAL HAZARDS OR CONDITIONS AND IS NOT QUALIFIED TO COMMENT ON SUCH MATTERS. THE APPRAISER HAS NO EXPERTISE IN
MATTERS RELATING TO STRUCTURAL, SOIL, OR OTHER ENGINEERING MATTERS AND CANNOT COMMENT ON SUCH MATTERS.
AERIAL MAP
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
FLOOD MAP
Borrower:File No.:
Property Address:Case No.:
City:State:Zip:
Lender:Counseling Connections for Change, Inc.
77581-8604TXPearland
Counseling01232549 Roy Rd
Counseling0123Counseling Connections for Change, Inc.
2260 Stevens Dr., Pearland, TX 77581 713-269-2421
IMPORTANT NOTICE
The attached title insurance commitment contains information which has been obtained or derived from records
and information owned by Title Data, Inc. or one of its subsidiaries (collectively “Title Data”). Title Data owns and
maintains land title plants for various Texas counties. Title Data created its title plants through the investment of
extensive time, labor, skill and money. The information contained in the title plants is protected by federal
copyright law and Texas common law on trade secrets and contract.
Title Data has granted our company a license to use one or more of its title plants. Our company ’s right to
access and use Title Data ’s title plants is governed by our contract with Title Data. Our contract with Title Data
restricts who can receive and/or use a title insurance commitment which is based, in whole or in part, upon Title
Data’s records and information.
Under the terms of our contract with Title Data, we are permitted to provide you with the attached title insurance
commitment for limited use and distribution only. Specifically, you are sublicensed to deliver, exhibit, or furnish
the attached title insurance commitment (or any copies thereof) ONLY to your bona fide employees and a third
party who is playing a bona fide role in this proposed real estate transaction, including a lawyer, a lender, a
surveyor, a real estate broker or agent, and the parties to this proposed transaction.
For purposes of our agreement with Title Data, “deliver, exhibit, or furnish” includes, without limitation, copying
this title insurance commitment (whether such copying be by means of a photocopier, facsimile machine, another
electronic scanning device, or any other method of reproduction) and providing such copy to any third party.
Your furnishing of the attached title insurance commitment to anyone not specifically enumerated above is not
permitted by our contract with Title Data and constitutes a breach of our sublicense to you. Your furnishing of the
attached title insurance commitment to anyone not specifically enumerated above is also a violation of federal
copyright law and Texas common law.
Therefore, as an express condition of us providing you with the attached title insurance commitment, you
specifically agree to limit its uses to those set forth herein, and to provide a copy of this letter to any party to
whom you deliver, exhibit, or furnish the attached title insurance commitment (or any copies thereof).
In the event you are unable or unwilling to comply with these conditions, immediately return the attached title
insurance commitment to our company, without reviewing, copying, or otherwise utilizing in any way the
information contained therein.
A COPY OF THIS LETTER MUST ACCOMPANY THE ATTACHED TITLE INSURANCE COMMITMENT AT ALL TIMES.
ALL DOWNSTREAM RECIPIENTS MUST PROVIDE A COPY OF THIS LETTER TO ANY OTHER AUTHORIZED
USERS OF THE ATTACHED TITLE INSURANCE COMMITMENT.
File No. PW2395915
Commitment of Title Insurance (T-7) - Version 1/3/14
COMMITMENT FOR TITLE INSURANCE (T-7)
ISSUED BY
TEXAN TITLE INSURANCE COMPANY
We, TEXAN TITLE INSURANCE COMPANY, will issue our title insurance policy or policies (the Policy) to You (the proposed insured)
upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our Policy will be in the form
approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A.
The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as
recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault.
Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires.
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
Countersigned by:
_______________________________
Authorized Countersignature
South Land Title, LLC
________________________________
Company Name
CONDITIONS AND STIPULATIONS
If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in1.
Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that
your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not
be relieved of liability already incurred.
Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for2.
actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our
liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy:
Insuring Provisions, Conditions and Stipulations, and Exclusions.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at
6710 Stewart Road, Suite 300, Galveston, Texas 77551.
File No. PW2395915
Commitment of Title Insurance (T-7) - Version 1/3/14
TEXAN TITLE INSURANCE COMPANY
IMPORTANT INFORMATION
FOR INFORMATION, OR
TO MAKE A COMPLAINT
CALL OUR TOLL-FREE TELE-
PHONE NUMBER
1-866-55-TEXAN
ALSO
YOU MAY CONTACT
THE TEXAS DEPARTMENT
OF INSURANCE AT
1-800-252-3439
to obtain information on:
1. filing a complaint against an insurance
company or agent,
2. whether an insurance company or agent
is licensed,
3. complaints received against an insurance
company or agent.
4. policyholder rights, and
5. a list of consumer publications and
services available through the
Department.
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF
INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 490-1007
AVISO IMPORTANTE
PARA INFORMACION, O
PARA SOMETER UNA QUEJA
LLAME AL NUMERO GRATIS
1-866-55-TEXAN
TAMBIEN
PUEDE COMUNICARSE CON
EL DEPARTAMENTO DE SEGUROS
DE TEXAS AL
1-800-252-3439
para obtener informacion sobre:
1. como someter una queja en contra de
una compania de seguros o agente de
seguros,
2. si una compania de seguros o agente de
seguros tiene licencia,
3. quejas recibidas en contra de una
compania de seguros o agente de
seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios
para consumidores disponibles a traves
del Departamento.
TAMBIEN PUEDE ESCRIBIR AL
DEPARTAMENTO DE SEGUROS DE
TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 490-1007
File No. PW2395915
Commitment of Title Insurance (T-7) - Version 1/3/14
TEXAN TITLE INSURANCE COMPANY
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain
risks to your title.
The commitment for Title Insurance is the title insurance
company's promise to issue the title insurance policy. The
commitment is a legal document. You should review it carefully
to completely understand it before your closing date.
El seguro de titulo le asegura en relacion a perdidas resultantes de
ciertos riesgos que pueden afectar el titulo de su propiedad.
El Compromiso para Seguro de Titulo es la promesa de la
compania aseguradora de titulos de emitir la poliza de seguro de
titulo. El Compromiso es un documento legal. Usted debe leerlo
cuidadosamente y entenderlo completamente antes de la fecha
para finalizar su transaccion.
Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It
is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the title insurance Company
(the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the
Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in
Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered
by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral
interest.
MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there
is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving
minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If
the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional
endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C
of the Commitment lists these requirements that must be satisfied, or the Company will refuse to cover them. You may want to discuss any
matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on-
Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions
section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy.
EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or-
discussed in the Commitment.
CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those-
of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not
the same as the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at
1-866-55-TEXAN or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the
policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a-
survey and comply with other requirements of the Company. On the Owner’s Policy, you must pay an additional premium for the
amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure
File No. PW2395915
Commitment of Title Insurance (T-7) - Version 1/3/14
you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of
improvements. The Company may then decide not to insure against specific boundary or survey problems by making special
exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine
whether you want to purchase and review a survey if a survey is not being provided to you.
Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title-
insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons,
such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If
you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception
to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to
increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
File No. PW2395915
Commitment of Title Insurance (T-7) - Version 1/3/14
COMMITMENT FOR TITLE INSURANCE T-7
ISSUED BY
TEXAN TITLE INSURANCE COMPANY
SCHEDULE A
Effective Date: January 16, 2023, 8:00 am GF No. PW2395915
Commitment issued January 23, 2023, 8:00 am
1.The policy or policies to be issued are:
a.OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSED INSURED:
b.TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount: $537,930.00
PROPOSED INSURED:Counseling Connection for Change
c.LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
d.TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
e.LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
f.OTHER
Policy Amount:
PROPOSED INSURED:
2.The interest in the land covered by this Commitment is: Fee Simple
3.Record title to the land on the Effective Date appears to be vested in:
M.P. & C.P., LLC, a Texas Limited Liabiity Company
FORM T-7: Commitment for Title Insurance Page 1
4.Legal description of land:
The South One-Half (1/2) of Lot Twenty-One (21), of the Allison-Richey Gulf Coast Home Company S/D of
Section Eight (8), of the HTBRR Company Survey, Abstract Number 504 according to the map or plat thereof, as
recorded in Volume 2, Pages 23 and 24, of the Plat Records of Brazoria County, Texas, recited to contain 5 acres
and containing 4.866 acres exclusive of road and drainage easement, and being more particularly described by
metes and bounds as follows:
BEGINNING at a 1 inch iron pipe found at the intersection of the South Lot line of Lot 21 with the Easterly right
of way line of Roy Road; (60.00 feet wide)
THENCE North, along the said Easterly right of way line of Roy Road, a ditance of 214.80 feet to a 1 inch iron
pipe found for corner;
THENCE East, a distance of 986.80 feet to 8 inch wood post for corner;
THENCE South, a distance of 214.80 feet to a 1 inch iron rod found for corner;
THENCE West, a distance of 986.80 feet to the POINT OF BEGINNING of the hereinn described tract of land,
and containing 4.86 acres of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such area or
quantity is correct, but is made only for informational and/or identification purposes and does not override item 2
of Schedule B hereof.
COMMITMENT FOR TITLE INSURANCE T-7
ISSUED BY
GF No. PW2395915
TEXAN TITLE INSURANCE COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and
expenses resulting from:
1.The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
ITEM 1 OF SCHEDULE "B" IS HEREBY DELETED IN ITS ENTIRETY.
2.Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3.Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's
Policy only.)
4.Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or
other entities,
a.to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays,
gulfs or oceans, or
b.to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c.to filled-in lands, or artificial islands, or
d.to statutory water rights, including riparian rights, or
e.to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner's Policy only.)
5.Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years; and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form
Residential Loan Policy of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable
subsequent to Date of Policy" in lieu of "for the year year 2023 and subsequent years.")
6.The terms and conditions of the documents creating your interest in the land.
7.Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy
Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder
is issued.)
8.Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to
Loan Policy (T-2) only.)
9.The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of
Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate
exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title
FORM T-7: Commitment for Title Insurance Page 3
Continuation of Schedule B GF No. PW2395915
Insurance (T-2R).
10.The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters
or delete this exception.):
Rights of Parties in possession. (OWNER POLICY ONLY)a.
Subject to any and all visible and/or apparent easements over, under or across subject property, which ab.
survey or physical inspection may disclose.
Any encroachment, encumbrance violation, variation or adverse circumstance affecting the title that wouldc.
be disclosed by an accurate and complete land survey of the land.
Any portion of the subject property lying within the boundaries of a public or private roadway, whetherd.
dedicated or not.
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with alle.
rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in
Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interests that are not
listed.
This policy does not insure against loss sustained by the owner of the surface of said property through thef.
exercise of the right of ingress and egress and/or any other right of privilege incident to the ownership of
said mineral estate. (Owner's Policy)
Rights of tenants, as tenants only, under existing lease agreements affecting the land.g.
Subject to the ZONING ORDINANCES now in force in the City of Pearland, Texas.h.
Subject property lies within the boundaries of Brazoria County Drainage District #4 - Pearland. (Owner'si.
Policy Only)
FORM T-7: Commitment for Title Insurance Page 4
COMMITMENT FOR TITLE INSURANCE T-7
ISSUED BY
GF No. PW2395915
TEXAN TITLE INSURANCE COMPANY
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will
appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the
Policy is issued:
1.Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2.Satisfactory evidence must be provided that:
a.no person occupying the land claims any interest in that land against the persons named in paragraph 3 of
Schedule A,
b.all standby fees, taxes, assessments and charges against the property have been paid,
c.all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's
liens have attached to the property,
d.there is legal right of access to and from the land,
e.(on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority
of the insured mortgage.
3.You must pay the seller or borrower the agreed amount for your property or interest.
4.Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the
effective date of this Commitment.
5.
Financing Statement filed for record on August 15, 2006, under Brazoria County Clerk's File No. 2006048490,6.
executed by and between M.P. & C.P., LLC, as Owner/Debtor, granting to COMERICA BANK, as
Creditor/Secured Party, a security interest in fixtures located on the subject property. Same being additionally
secured by a Continuation UCC Financing Statement Amendment filed March 31, 2011, recorded under
Brazoria County Clerk's File No. 2011012810, and another Continuation UCC Financing Statement
Amendment filed March 24, 2016, recorded under Brazoria County Clerk's File No. 2016013092 , and another
UCC Financing Statement Amendment filed March 19, 2021, recorded under Brazoria County Clerk's File No.
2021017102 .
Subject property lies within the boundaries of Brazoria County Drainage District #4 (Pearland).7.
REQUIREMENT: Pursuant to V.T.C.A. Water Code, Section 49.452 proper notice in statutory form must be
given to the purchaser.
We are to be furnished with a SURVEY showing a plat and containing the correct metes and bounds8.
description of the subject property made by a licensed public surveyor of the State of Texas suitable to this title
company. When same is submitted, it is to be shown to the examiner for inspection and approval.
FORM T-7: Commitment for Title Insurance Page 5
NOTE: Procedural Rule P-27 as provided for in Article 9.39A of the Texas Insurance Code requires that "Good
Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account.
Continuation of Schedule C GF No. PW2395915
Title is vested into M.P. & C.P., LLC, a Texas Limited Liability Company, as shown on Schedule "A" hereof.9.
Prior to closing, we must be furnished with a copy of the organizing document filed with the Secretary of State
of the state in which the entity is organized and the additional documents described below.
(a) The organizing document must contain the following, at a minimum:
(i) Name of the registered agent and address of the registered office
(ii) Duration of the entity, unless established by the laws of the state in which the entity is
organized
(iii) Initial managers (or members, if no managers)
(b) Additional documents required:
(i) Copy of the LLC operating agreement, regulations or similar document (if the managers
or members executed such a document)
(ii) Affidavit of the managers (or the members, if there are no managers) stipulating that
there have been no amendments to the operating agreement (if one was executed) and stating
who is authorized to act on behalf of the LLC
(c) Satisfactory proof from the Secretary of State of the state in which the entity is organized that the entity is
in good standing, which must be verified within five days of closing.
We must ascertain the nature of the Applicant Buyer, COUNSELING CONNECTION FOR CHANGE entity 10.
and require appropriate documents to support the instant transaction.
Proposed insured will be required to execute a waiver of inspection at the time of closing and an exception to11.
"rights of parties in possession: will be contained in the owner's policy when issued; however, the proposed
insured may request that this exception be omitted, in which case the company will require that an inspection be
conducted by its agent, for which an inspection fee may be charge, and the company reserves the right to make
additional exceptions in the policy to matters revealed by the inspections.
The following requirements must be met by settlement agent prior to policy issuance:12.
a) A properly completed Affidavit as to Debts and Liens executed by Owner/Seller;
b) Proof of payment of all taxes due and owing at the time of settlement and proof that the subject property
qualified for each ad valorem tax exemption that was granted to it for the last 5 years;
c) Request from Company an updated Commitment for Title Insurance within 5 days of anticipated closing
date.
NOTE TO CLOSER: Title is vested by virtue of Special Warranty Deed dated August 7, 2006, filed for record13.
under Brazoria County Clerk's File No(s). 2006049140 . Prior Deed was recorded under Brazoria County
Clerk's File No. 2002048510, along with an Affidavit of Heirship recorded under 2006049139 .
NOTE TO CLOSER: The proposed purchasers/borrowers in the present transaction, COUNSELING14.
CONNECTION FOR CHANGE, has ONLY been checked for the existence of TEXAS WORKFORCE
COMMISSION LIENS, FEDERAL JUDGMENT LIENS IN FAVOR OF THE UNITED STATES OR AN
AGENT THEREOF, U.S. BANKRUPTCY PROCEEDINGS AND DEPARTMENT OF JUSTICE LIENS. It
has not been checked for other abstracts of judgment, federal tax liens or any other adverse matter, but
additional checks may be performed upon request. In the event the purchasers/borrowers should undertake to
convey, mortgage or otherwise hypothecate the interest being acquired in the present transaction, this file is to
FORM T-7: Commitment for Title Insurance Page 6
Continuation of Schedule C GF No. PW2395915
be returned to the examination staff, along with a signed information form, for possible additional
requirements.
NOTE: TD INFO Abstract 504, Tract 21B, Brazoria County, Texas15.
NLL
PC FAH14000731 (FT)
Countersigned
South Land Title, LLC
By:
Authorized Counter Signature
FORM T-7: Commitment for Title Insurance Page 7
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
GF No. PW2395915 Effective Date: January 16, 2023, 8:00 am
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
1.The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment
(a)The Title Insurance Company, Texan Title Insurance Company, is wholly owned by Texan Title Holdings, LLC.
Individuals, partnerships, corporations, trusts or other entities owning ten percent (10%) or more of Texan Title
Holdings, LLC:
Patrick F. Doyle - 100%
(b)The directors of Texan Title Insurance Company are Patrick F. Doyle, Jessica R. Carper, Jeffrey A. Adams and
Russell Sugg
(c)The president, executive or senior vice-president, secretary and treasurer of Texan Title Insurance Company:
Patrick F. Doyle - Chief Executive Officer and President
Jessica R. Carper - Senior Vice President and Treasurer
Jeffrey A. Adams - General Counsel and Secretary
J. Brandon Linscomb - Senior Vice President
Russell Sugg - Executive Vice President
2.The issuing Title Insurance Agent, South Land Title, LLC a Texas Limited Liability Company, whose members owning or
controlling, directly or indirectly, 1% or more of said company (or owning or controlling 10% or more of an entity that owns 1%
or more of the Agent), and managers are listed below:
Patrick F. Doyle, President
Jessica R. Carper, Treasurer
South Land Title, LLC is owned 100% by Texan Title Holdings, LLC which is owned 100% by Patrick F. Doyle.
3.You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium* is:
Owner's Policy $3,140.00
Loan Policy $0.00
Endorsement Charges $0.00
Other $0.00
Total $3,140.00
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title
Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
"*The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance."
FORM T-7: Commitment for Title Insurance Page 8
COMMITMENT FOR TITLE INSURANCE (Form T-7)
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain risks to your title.
The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The
commitment is a legal document. You should review it carefully to completely understand it before your closing date.
El seguro de título le asegura en relación a pérdidas resultantes de ciertos riesgos que pueden afectar el título de su
propiedad.
El Compromiso para Seguro de Titulo es la promesa de la compañía aseguradora de títulos de emitir la póliza de seguro de
título. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la
fecha para finalizar su transacción.
Your Commitment of Title insurance is a legal contract between you and us. The Commitment is not an opinion or report
of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title
Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part
of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the
Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in
the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a
Company have an obligation to determine the ownership of any mineral interest.
- MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to
insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional
endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees)
and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or
exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has
title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being
met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them.
You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will
affect your title and your use of the land.
When your policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined
below.
- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions
are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not
comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on
Schedule B of the Policy.
- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not
shown or discussed in the Commitment.
- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your
responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the
Commitment. The Policy Conditions are not the same as the Commitment Conditions.
FORM T-7: Commitment for Title Insurance Page 9
Continuation of Texas Title Insurance Information GF No. PW2395915
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance
Company at or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may
revise the policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling
1-800-252-3439.
Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are:
- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you
must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an
additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other
requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines,
encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against
specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request
amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a
survey if a survey is not being provided to you.
- Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company
or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights
of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge
you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow
the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums
unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
FORM T-7: Commitment for Title Insurance Page 10
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a
dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title
Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In
addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in
case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You
can do this by signing this form and returning it to the Company at or before the closing of your real estate
transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy
provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company
or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction."
________________________________ _______________________________
SIGNATURE DATE
FORM T-7: Commitment for Title Insurance Page 11
Texan Title Insurance Company
Premium Amount
1
$3,140.00
Rate Rules
2
1000
Property
Type
3
1
County
Code
4
Liability at
Reissue Rate
5 6 7 8
DISCLOSURE TO SELLER, BUYER/BORROWER ABOUT
PATRICK F. DOYLE AND DOYLE LAW FIRM, PLLC
I. REPRESENTATION OF INTERESTS
In connection with the transaction you are closing today, a document of conveyance and/or curative documents have been prepared
on behalf of Seller and Buyer/Borrower, and/or a loan has been obtained from a lending institution (or individual owner under an owner-finance)
to finance all or part of the purchase price of Borrower’s property, or to refinance an earlier loan made to Borrower, or which Borrower assumed,
that is secured on the subject property. Seller, Buyer/Borrower or and/or lender is using the services of the law firm of DOYLE LAW FIRM,
PLLC in the preparation of various legal instruments and loan documents in connection with this transaction, and you must pay for such
services. By signing below, Borrower is acknowledging that DOYLE LAW FIRM, PLLC has not represented Borrower’s interests or given
Borrower any legal advice concerning the contract to sell and purchase the property, if applicable, or otherwise related to the property or to the
legal instruments and loan documents executed in connection with the home loan transaction or the closing of the transaction itself.
II. RELATIONSHIP OF TEXAS FIRST BANK, PATRICK F. DOYLE AND DOYLE LAW FIRM, PLLC
DOYLE LAW FIRM, PLLC has an ongoing attorney-client relationship with Texas First Bank. Additionally, PATRICK F.
DOYLE is the sole owner of the law firm of DOYLE LAW FIRM, PLLC, and serves as a director to the bank holding companies of Texas
Independent Bancshares, Inc. and Texas First Banks.
III. RELATIONSHIP OF TITLE COMPANY AND PATRICK F. DOYLE
PATRICK F. DOYLE is the sole owner of Texan Title Holdings, LLC, which is the parent company of SOUTH LAND TITLE,
LLC, located in Galveston, Crystal Beach, Texas City, League City, Pearland, Pasadena, Baytown, Park Ten
IV. RELATIONSHIP OF TAX SERVICE PROVIDER AND PATRICK F. DOYLE
PATRICK F. DOYLE is the sole owner of Realty Tax Search, Inc., which provides ad valorem tax searches, and collects, stores and
disseminates such information regarding your transaction, and collects a standard fee for services related thereto.
V. FREEDOM TO HIRE A LAWYER
By signing below, each party hereto acknowledges that they have had the opportunity to consult independent counsel or hire an
attorney to represent them regarding this transaction and its consequences.
VI. OBLIGATION TO PAY LEGAL FEES
By signing below, each party acknowledges that they must pay at the time of closing, or on demand, the legal fees of DOYLE LAW
FIRM, PLLC as each party may have agreed to pay in the contract of sale and purchase or in the loan application or any other document they
may have signed. The charges for the services of DOYLE LAW FIRM, PLLC are set forth on the closing statement or settlement statement
furnished by the closing agent. You have not been charged any fee for preparation of any Truth-in-Lending Statement or RESPA Good Faith
Estimate of closing costs. Attached hereto as Exhibit "A" and incorporated herein is PATRICK F. DOYLE ’s Affiliated Business
Arrangement Disclosure Statement, which sets forth DOYLE LAW FIRM, PLLC ’s relationship to PATRICK F. DOYLE and Settlement
Service Charge or range of charges.
VII. DESCRIPTION OF LEGAL SERVICES
In representing the lender's interest in this loan transaction, DOYLE LAW FIRM, PLLC provided a variety of services of a legal
nature. DOYLE LAW FIRM, PLLC reviews as necessary the sales contract, survey, title report or commitment of title insurance, various
documents of record such as restrictions and easements, and typically prepares such instruments as the Note, Deed of Trust, Affidavits and
various miscellaneous documents required by the lender.
{00028567.DOC}
Furthermore, each party hereto acknowledges that DOYLE LAW FIRM, PLLC may have prepared certain documents upon the
request of South Land Title, LLC, and has not in any manner, undertaken to assist or render legal advice to the undersigned, with
respect to this transaction. The attorney preparing the documents represents South Land Title, LLC .
Each party hereto has been provided with an opportunity to examine the title commitment issued by the title company in this
transaction, and is satisfied with the contents of such commitment. Further, each party hereto agrees and understands that this transaction is not
“closed” until all disbursements are made on behalf of all parties. In the event there are any additional charges for anyone furnishing services,
requiring payoff, or by any taxing authority, each party hereto will pay such charges upon written request.
The undersigned understand and agree that the parties may allocate payment of legal fees between themselves as they may agree.
VIII. ACKNOWLEDGEMENT/WHAT SIGNING THIS MEANS
By signing below, you acknowledge to the lender, DOYLE LAW FIRM, PLLC and PATRICK F. DOYLE that you have received
a copy of this disclosure, that you have read all of the above statements, that you understand them, and that what has been stated in this
disclosure is accurate and truthful. Furthermore, you acknowledge that you have read this disclosure form and understand that PATRICK F.
DOYLE is referring you to purchase the settlement services as described herein on Exhibit “A” and may receive a financial or other benefits as
the result of this referral.
{00028567.DOC}
EXHIBIT "A"
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE
FROM:PATRICK F. DOYLE
GF#:PW2395915
This is to give you notice that PATRICK F. DOYLE has a business relationship with and ownership interest in REALTY TAX
SEARCH, INC. and TEXAN TITLE HOLDINGS, LLC, which is the parent company of SOUTH LAND TITLE, LLC. PATRICK F.
DOYLE, sole owner of the law firm of DOYLE LAW FIRM, PLLC , is also the sole owner of TEXAN TITLE HOLDINGS, LLC, which is
the parent company of SOUTH LAND TITLE, LLC (real estate closing services), and REALTY TAX SEARCH, INC. (which provides ad
valorem tax services and collects, stores and disseminates real estate information).
Set forth below is the estimated charge or range of charges of the settlement services listed. You are NOT required to use the listed
providers as a condition for closing your transaction of the subject property. THERE ARE OTHER SETTLEMENT SERVICE
PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU
ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Provider and Settlement Services Charge or Range of Charges:
SOUTH LAND TITLE, LLC (premium fees as set by
State Board of Insurance
and vary depending on
value of transaction and
credits available to
consumer)
Realty Tax Search $81.19
ACKNOWLEDGEMENT
I/we have read this disclosure form, and understand that Patrick F. Doyle is referring me/us to purchase the
above-described settlement services and may receive a financial or other benefit as the result of this referral.
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SOUTH LAND TITLE, LLC
PRIVACY POLICY
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
non-affiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
SOUTH LAND TITLE, LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on applications or other forms·
Information about your transactions we secure from our files, or from our affiliates or·
others
Information we receive from a consumer reporting agency·
Information that we receive from others involved in your transaction, such as the real·
estate agent or lender
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS
PERMITTED BY LAW.
WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT
YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO
PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR
LENDER.
WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS
THAT COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS.
NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS
PERMITTED TO RECEIVE ANY INFORMATION FROM THIS COMPANY ON
ANY MATTER RELATED TO YOUR CONTRACT.
DOYLE LAW FIRM, PLLC
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
DOYLE LAW FIRM, PLLC
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on applications or other forms·
Information about your transactions we secure from our files, or from our affiliates or·
others
Information we receive from a consumer reporting agency·
Information that we receive from others involved in your transaction, such as the real·
estate agent or lender
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.