HomeMy WebLinkAboutGeneral Warranty Deed - Charles John Maisel Jr. - 222 SHADWELL LNGENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS . §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT, Charles John Maisel, Jr.. hereinafter known as Grantor (whether one, or more),
of the City of F� mo�aS WQ4� State of S _, for and in consideration of the sum
of Five Hundred One Thousand Twenty Two and 00/100 Dollars($501,022.00) to Grantor
paid by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby
acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey
unto the,said City of Friendswood, Texas, hereinafter known as City, its successors and assigns,
the following described property situated in the City of Friendswood, Texas.
222 Shadwell Ln, Friendswood, TX 77546
Part of Lots Twelve (12) and Thirteen (13), in Block Five (5), of Friendswood Subdivision,
a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in
Volume 238, Page 14 and transferred to Plat Record 7, Map No. 20 in the Office of the
County Clerk of Galveston County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the West corner of said Lot 13, same being the
North corner of Lot 12, the South corner of Lot 16 and the East corner of Lot 1 in said
Block 5;
THENCE South 45 degrees 00 minutes 00 seconds West, along the common lines between
said Lots'1 and 12 at a distance of 152.00 feet pass a 1/2 inch iron rod found for reference
and continue in all a total distance of 185.00 feet to a point for corner on the North bank of
Coward's Creek;
THENCE Southeasterly with the meanders of Coward's Creek with the following courses
and distances;
Thence South 67 degrees 27 minutes 15 seconds East, a distance of 98.63 feet to a point;
Thence South 87 degrees 50 minutes 07 seconds East, a distance of 30.31 feet to a point;
Thence South 67 degrees 21 minutes 07 seconds East,a distance of 159.86 feet to a point;
Thence South 38 degrees 28 minutes 19 seconds West, a distance of 151.17 feet to a point;
Thence South 34 degrees 33 minutes 38 seconds East, a distance of 203.59 feet to a point;
Thence North 25 degrees 00 minutes 00 seconds East, a distance of 85.00 feet to a point;
Thence South 79 degrees 13 minutes 20 seconds East, a distance of 254.50 feet to a point
for corner in the Southerly East line of Block 12;
THENCE North 45 degrees 00 minutes 00 seconds West, along the Southwest line of a 60
foot platted road at a. distance of 30.00 feet pass a 1/2 inch iron rod found on line and
continue in all a total distance of 90.00 feet to a 1/2 inch iron rod found;
THENCE North 45 degrees 00 minutes 00 seconds East, along said platted road at 30.00
feet pass a 1/2 inch iron rod found at the common corner of Lots 12 and 13 and continue in
all a distance of 260.67 feet to a 1/2 inch iron rod found;
THENCE North 45 degrees 00 minutes 00 seconds West, a distance of 570.00 feet to a 3/4
inch iron pipe found in the Northwest line of Lot 13;
THENCE along said Northwest line of Lot 13, a distance of 230.67 feet to the Place of
Beginning and containing 5.18 acres of land, more or less.
The above described property conveyed shall include all right, title and interest, if any, of
Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including
any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or
within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch
adjoining or adjacent to the above described property, (3) all reversionary rights attributable to
the above described property, and (4) all rights of ingress and egress to the above described
property by way of open or dedicated roads and streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights -of -
way and easements appearing of record in the Official Public Records of Real Property of
Galveston County, Texas, relative to the above described property, but only to the extent the
same are applicable to and enforceable against the City. This conveyance is further made subject
to the restrictions and conditions contained in Exhibit "A" attached hereto and made part hereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said City, its successors and
assigns, forever, and Grantor does hereby bind himself, his, herself, her itself, its themselves, their,
heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all
and singular the said premises unto the said City, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the
reservations from and exceptions to warranty and conveyance described above.
EXECUTED on April q9. , 2020.
Grantor's Address: GRANTOR:
1
Charles Joe Maisel, Jr.
Grantee's Address:
910 S. Friendswood Dr.
Friendswood, TX 77546
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on April �,kub
by Charles John Maisel, Jr..
WENDYMCKOWN
NotarySignature
3r. o21 otary Public. state of Texas
Comm. Expires 03-03-2022
Notary ID 48933-1
RECORDED BY
SOUTH LAND TITLE LLC
GF # BOFW2001173
Exhibit A
In reference to the property or properties ("Property") conveyed by the Deed between Charles John
Maisel, Jr. participating in the federally -assisted acquisition project ("the Grantor") and the City of
Friendswood, Texas, ("the Grantee"), its successors and assigns:
WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"),
42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation
Grant Program, including the acquisition and demolition of structures in the floodplain;
WHEREAS, the mitigation grant program provides a process for a local government, through the State,
to apply for federal funds for mitigation assistance to acquire interests in property, including the
purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the
use of the Property as open space in perpetuity;
Whereas, the State has applied for and been awarded such funding from the Department of Homeland
Security, Federal Emergency Management Agency and has entered into a mitigation grant program
Grant Agreement with FEMA for DR 4332, herein incorporated by reference; making it a mitigation
grant program grantee.
Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in
the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed;
Whereas, the City of Friendswoodhas applied for and been awarded federal funds pursuant to an
agreement with the State for DR 4332 ("State -Local Agreement"), and herein incorporated by
reference, making it a mitigation grant program subgrantee;
WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement
require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in
order to protect and preserve natural floodplain values;
Now, therefore, the grant is made subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the HMGP program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State- local Agreement,
the following conditions and restrictions shall apply in perpetuity to the Property described in the
attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the
acquisition of property for open space:
a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for
the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational
activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate
warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones;
and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation
Assistance, Requirements for Property Acquisition and Relocation for Open Space.
b. Structures. No new structures or improvements shall be erected on the Property other than:
i. A public facility that is open on all sides and functionally related to a designated open space or
recreational use;
ii. A public rest room; or
iii. A structure that is compatible with open space and conserves the natural function of the
floodplain, including the uses described in Paragraph La., above, and approved by the FEMA
Administrator in writing before construction of the structure begins.
Any improvements on the Property shall be in accordance with proper floodplain management
policies and practices. Structures built on the Property according to paragraph b. of this section shall be
floodproofed or elevated to at least the base flood level plus I foot of freeboard, or greater, if required
by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria
established by the FEMA Administrator.
c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster
assistance for any purpose with respect to the Property, nor may any application for such assistance be
made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for
damage to structures on the property occurring after the date of the property settlement, except for
pre-existing structures being relocated off the property as a result of the project.
d. Transfer. The Grantee, including successors in interest, shall convey any interest in the
Property only if the FEMA Regional Administrator, through the State, gives prior written approval
of the transferee in accordance with this paragraph.
i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include
a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the
terms of this section, and documentation of its status as a qualified conservation organization if
applicable.
ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation
organization. However, the Grantee may convey an easement or lease to a private individual or entity
for purposes compatible with the uses described in paragraph (a), of this section, with the prior
approval of the FEMA Regional Administrator, and so long as the conveyance does not include
authority to control and enforce the terms and conditions of this section.
iii. If title to the Property is transferred to a public entity other than one with a conservation mission,
it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall
incorporate all terms and conditions set forth in this section, including the easement holder's
responsibility to enforce the easement. This shall be accomplished by one of the following means:
a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity
other than the title holder, which shall be recorded with the deed, or
b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it
with the deed.
iv. Conveyance of any property interest must reference and incorporate the original deed restrictions
providing notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist
or loses its eligible status under this section.
2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to
enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting
the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant
award.
3. Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in
coordination with any current successor in interest, shall submit through the State to the FEMA
Regional. Administrator a report certifying that the Grantee has inspected the Property within the month
preceding the report, and that the Property continues to be maintained consistent with the provisions of
44 C.F.R. Part 80, the property conveyance, and the grant award.
4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring the
Property back into compliance if the Property is not maintained according to the terms of44 C.F.R.
Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of
FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of
enforcement, shall include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing and
advise them that they have 60 days to correct the violation.
i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort
to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the
terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an
action at law or in equity in a court of competent jurisdiction.
ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking
any measures it deems appropriate, including but not limited to I or more of the following:
a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee;
and current holder of the property interest.
b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the
costs of bringing the Property back into compliance with the terms of the grant; or
c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of
the following parties: the State, the Tribe, the local community, and their respective successors
5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory purposes
underlying the agreement.
6. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this
grant and their application shall not be affected and shall remain valid and enforceable.
GRANTOR(S):
Charles John Mais Jr.
GRANTEE:
Morad Kabiri, City Manager
City of Friendswood, Texas
FILED AND RECORDED
Instrument Number: 2020018680
Recording Fee: 50.00
Number Of Pages:8
Filing and Recording Date: 04/03/2020 12:08PM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
1= wIght D. Stillivait., Coi -ttv Clerk
�::'Mv estol.l £:-Oullty r 'I-'exa
DO NOT DESTROY - Warning, this document is part of the Official Public Record.
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT, Charles John Maisel, Jr.. hereinafter known as Grantor (whether one or more),
of the City of F� %st-jaS WoQ% State of , for and in consideration of the sum
of Five Hundred One Thousand Twenty Two and 00/100 Dollars($501,022.00) to Grantor
paid by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby
acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey
unto the said City of Friendswood, Texas, hereinafter known as City, its successors and assigns,
the following described property situated in the City of Friendswood, Texas.
222 Shadwell Ln, Friendswood, TX 77546
Part of Lots Twelve (12) and Thirteen (13), in Block Five (5), of Friendswood Subdivision,
a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in
Volume 238 Page 14 and transferred to Plat Record 7, Map No. 20 in the Office of the
County Clerk of Galveston County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the West corner of said Lot 13, same being the
North corner of Lot 12, the South corner of Lot 16 and the East corner of Lot 1 in said
Block 5;
THENCE South 45 degrees 00 minutes 00 seconds West, along the common lines between
said Lots 1 and 12 at a distance of 152.00 feet pass a 1/2 inch iron rod found for reference
and continue in all a total distance of 185.00 feet to a point for corner on the North bank of
Coward's Creek;
THENCE Southeasterly with the meanders of Coward's Creek with the following courses
and distances;
Thence South 67 degrees 27 minutes 15 seconds East, a distance of 98.63 feet to a point;
Thence South 87 degrees 50 minutes 07 seconds East, a distance of 30.31 feet to a point;
Thence South 67 degrees 21 minutes 07 seconds East,a distance of 159.86 feet to a point;
Thence South 38 degrees 28 minutes 19 seconds West, a distance of 151.17 feet to a point;
Thence South 34 degrees 33 minutes 38 seconds East, a distance of 203.59 feet to a point;
Thence North 25 degrees 00 minutes 00 seconds East, a distance of 85.00 feet to a point;
Thence South 79 degrees 13 minutes 20 seconds East, a distance of 254.50 feet to a point
for corner in the Southerly East line of Block 12;
THENCE North 45 degrees 00 minutes 00 seconds West, along the Southwest line of a 60
foot platted road at a distance of 30.00 feet pass a 1/2 inch iron rod found on line and
continue in all a total distance of 90.00 feet to a 1/2 inch iron rod found;
THENCE North 45 degrees 00 minutes 00 seconds East, along said platted road at 30.00
feet pass a 1/2 inch iron rod found at the common corner of Lots 12 and 13 and continue in
all a distance of 260.67 feet to a 1/2 inch iron rod found;
THENCE North 45 degrees 00 minutes 00 seconds West, a distance of 570.00 feet to a 3/4
inch iron pipe found in the Northwest line of Lot 13;
THENCE along said Northwest line of Lot 13, a distance of 230.67 feet to the Place of
Beginning and containing 5.18 acres of land, more or less.
The above described property conveyed shall include all right, title and interest, if any, of
Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including
any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or
within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch
adjoining or adjacent to the above described property, (3) all reversionary rights attributable to
the above described property, and (4) all rights of ingress and egress to the above described
property by way of open or dedicated roads and streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights -of -
way and easements appearing of record in the Official Public Records of Real Property of
Galveston County, Texas, relative to the above described property, but only to the extent the
same are applicable to and enforceable against the City. This conveyance is further made subject
to the restrictions and conditions contained in Exhibit "A" attached hereto and made part hereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said City, its successors and
assigns, forever, and Grantor does hereby bind himself, his, herself, her itself, its themselves, their,
heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all
and singular the said premises unto the said City, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the
reservations from and exceptions to warranty and conveyance described above.
EXECUTED on April �. , 2020.
Grantor's Address: ' GRANTOR:
Charles Joa Maisel, Jr.
Grantee's Address:
910 S. Friendswood Dr.
Friendswood, TX 77546
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY OF GALVESTON §
This instrument was acknowledged before me on April 59, 020, by Charles John Maisel, Jr..
WENDY MCKOWN
Notary PA6 Signature
Notary Public, State of Texas
Comm. Expires 03-03-2022
Notary ID 48933-1
RECORDED BY
SOUTH LAND TITLE LLC
GF # BOFW2001173
Exhibit A
In reference to the property or properties ("Property") conveyed by the Deed between Charles John
Maisel, Jr. participating in the federally -assisted acquisition project ("the Grantor") and the City of
Friendswood, Texas, ("the Grantee"), its successors and assigns:
WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"),
42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation
Grant Program, including the acquisition and demolition of structures in the floodplain;
WHEREAS, the mitigation grant program provides a process for a local government, through the State,
to apply for federal funds for mitigation assistance to acquire interests in property, including the
purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the
use of the Property as open space in perpetuity;
Whereas, the State has applied for and been awarded such funding from the Department of Homeland
Security, Federal Emergency Management Agency and has entered into a mitigation grant program
Grant Agreement with FEMA for DR 4332, herein incorporated by reference; making it a mitigation
grant program grantee.
Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in
the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed;
Whereas, the City of Friendswoodhas applied for and been awarded federal funds pursuant to an
agreement with the State for DR 4332 ("State -Local Agreement"), and herein incorporated by
reference, making it a mitigation grant program subgrantee;
WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement
require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in
order to protect and preserve natural floodplain values;
Now, therefore, the grant is made subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the HMGP program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State- local Agreement,
the following conditions and restrictions shall apply in perpetuity to the Property described in the
attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the
acquisition of property for open space:
a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for
the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational
activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate
warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones;
and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation
Assistance, Requirements for Property Acquisition and Relocation for Open Space.
b. Structures. No new structures or improvements shall be erected on the Property other than:
i. A public facility that is open on all sides and functionally related to a designated open space or
recreational use;
ii. A public rest room; or
iii. A structure that is compatible with open space and conserves the natural function of the
floodplain, including the uses described in Paragraph La., above, and approved by the FEMA
Administrator in writing before construction of the structure begins.
Any improvements on the Property shall be in accordance with proper floodplain management
policies and practices. Structures built on the Property according to paragraph b. of this section shall be
floodproofed or elevated to at least the base flood level plus I foot of freeboard, or greater, if required
by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria
established by the FEMA Administrator.
c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster
assistance for any purpose with respect to the Property, nor may any application for such assistance be
made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for
damage to structures on the property occurring after the date of the property settlement, except for
pre-existing structures being relocated off the property as a result of the project.
d. Transfer. The Grantee, including successors in interest, shall convey any interest in the
Property only if the FEMA Regional Administrator, through the State, gives prior written approval
of the transferee in accordance with this paragraph.
i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include
a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the
terms of this section, and documentation of its status as a qualified conservation organization if
applicable.
ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation
organization. However, the Grantee may convey an easement or lease to a private individual or entity
for purposes compatible with the uses described in paragraph (a), of this section, with the prior
approval of the FEMA Regional Administrator, and so long as the conveyance does not include
authority to control and enforce the terms and conditions of this section.
iii. If title to the Property is transferred to a public entity other than one with a conservation mission,
it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall
incorporate all terms and conditions set forth in this section, including the easement holder's
responsibility to enforce the easement. This shall be accomplished by one of the following means:
a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity
other than the title holder, which shall be recorded with the deed, or
b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it
with the deed.
iv. Conveyance of any property interest must reference and incorporate the original deed restrictions
providing notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist
or loses its eligible status under this section.
2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to
enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting
the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant
award.
3. Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in
coordination with any current successor in interest, shall submit through the State to the FEMA
Regional Administrator a report certifying that the Grantee has inspected the Property within the month
preceding the report, and that the Property continues to be maintained consistent with the provisions of
44 C.F.R. Part 80, the property conveyance, and the grant award.
4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring the
Property back into compliance if the Property is not maintained according to the terms of44 C.F.R.
Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of
FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of
enforcement, shall include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing and
advise them that they have 60 days to correct the violation.
i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort
to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the
terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an
action at law or in equity in a court of competent jurisdiction.
ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking
any measures it deems appropriate, including but not limited to I or more of the following:
a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee;
and current holder of the property interest.
b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the
costs of bringing the Property back into compliance with the terms of the grant; or
c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of
the following parties: the State, the Tribe, the local community, and their respective successors
5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory purposes
underlying the agreement.
6. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this
grant and their application shall not be affected and shall remain valid and enforceable.
GRANTOR(S):
Charles John Mais Jr.
GRANTEE:
Morad Kabiri, City Manager
City of Friendswood, Texas
