The Home Building Program shall be subject to the following terms and conditions:
(a) As Lots become available through a Contract with a Taxing Entity, those Lots shall be placed in a pool.
(b) Periodically, the City shall notify the Homebuilding Entities as to the location of the Lots.
(c) Each Home Building Entity shall agree to complete rehabilitation or construction of a single-family residential structure on each Lot conveyed to the Home Building Entity.
(d) Precedent to the conveyance of a Lot, the Program Administrator may require the Homebuilding Entity to obtain detalied title information from a reputable title company regarding the title status of the designated Lot, and to provide such information to the City. Based on said title information, the City may assess the quality of title the City may approve for said Lot, and may, subject to the provisions of any applicable Contract with a Taxing Entity and subject to any applicable limitations in state law, as trustee on behalf of the Taxing Entities, convey to the Homebuilding Entity by title deed, up to a special warranty deed, the interests of the Taxing Entities in the property.
(e) Each Homebuilding Entity to which a Lot is conveyed shall be solely responsible for the maintenance of each Lot during any period that they Homebuilding Entity owns the Lot, including mowing, cleaning, etc., in conformance with all applicable City ordinances.
(f) All construction of new homes on any Lot shall comply with all applicable City codes and ordinances, including but not limited to the City Building Code, Plumbing Code, Electrical Code, Fire Code, and Zoning Ordinance, except as such may, from time to time, be varied or waived in accordance with law.
(g) The terms of any contract between the City and any Homebuilding Entity for the participation of the Homebuilding Entity in the Home Building Program shall be in a form acceptable to the City Attorney.
(h) Each Homebuilding Entity shall covenant and agree that the Lots provided to the Homebuilding Entity pursuant to the Home Building Program shall be used and utilized exclusively in a program to construct or rehabilitate single-family residential houses for purchase by Income Eligible Persons, and for no other purpose.
(i) The deed for any Lot conveyed to a Homebuilding Entity as part of the Home Building Program shall meet all applicable requirements set forth in state law, including without limitation the requirements of §34.051 of the Texas Tax Code, if applicable.
(j) Subject to approval by the City Manager, the Program Administrator shall have the authority to specify such other reasonable terms and conditions as shall be necessary or convenient to carry out the Home Building Program, including without limitation any application procedures and requirements necessary to apply for designation as eligible to participate as a Homebuilding Entity in the Home Building Program; provided, however, that all such terms and conditions must comply with the terms and conditions of this article and with any and all applicable requirements of law.
(k) Anything to the contrary in this article notwithstanding, the inclusion of any Lot in the Home Building Program and the conveyance of any Lot shall be subject to and in accordance with all applicable provisions of any applicable Contract with a Taxing Entity, and, wherever possible, the provisions of any applicable Contract with a Taxing Entity shall be cumulative of and in addition to the provisions of this article and the terms and conditions of the Home Building Program.
(l) Anything to the contrary in this article notwithstanding, the City, in the City's discretion, may act as a Homebuilding Entity with respect to any Lot and provide for the construction or rehabilitation of single-family residential houses on said Lot and the conveyance of said Lot directly to Income Eligible Persons without conveying said Lot to a Homebuilding Entity. To the fullest extent possible, the City shall comply with the requirements of this article when acting as a Homebuilding Entity as authorized by this section. Nothing in this section authorizes the City to violate any applicable provision of any Contract with a Taxing Entity.