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��� SECP�IP ' AL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
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WORTH AND TERRELL HOMES,LLC
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This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and
TERRELL HOMES, LLC ("Landlord") acting by and through Tammy Carter, its duly authorized
Property Manager,each individually referred to as a"party"and collectively referred to as the"parties."
WHEREAS the City provides rental assistance in the form of monetary payment for a defined
portion of rent due paid directly to the landlord or management company of the property so long as the
landlord or property management agree to certain terms; and
WHEREAS Danielle Keys("Tenant")is a participant in the City's rental assistance program; and
WHEREAS the City requires that landlords must enter into this Agreement in order to receive the j
City's payment of the defined portion of Tenant's rent; and
WHEREAS,Agreement Documents shall consist of this Landlord Services Agreement and Exhibit
A—Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between
the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement,
the terms and conditions of this Agreement shall control. It is understood that City is not bound by any
portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services
Agreement; and
NOW THEREFORE the Parties in exchange for the benefit received from the other Parry's
performance, agree to the following terms and conditions:
1. PROPERTY]NFORMATION l
Tenant has entered into an agreement with Landlord to rent a 4 bedroom home("Lease").The unit
is located at 1229 E. Stella Fort Worth,TX 76104 ("Unit"),as more fully described in Exhibit A.
2. TERM.
This Agreement shall begin on November 1, 2019 and shall expire on September 30,2020,unless
terminated earlier in accordance with this Agreement("Initial Term"). The Parties shall have the option to
renew this Agreement by written agreement for additional one-year terms following City review and
approval of request by both Tenant and Landlord under the same terms and conditions,provided however
that the rental rate and any amounts payable by City shall be provided to the City in writing for the new
term at least 3 0 days prior to the effective date of the renewal term.
3. COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease,
attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant
occupies the dwelling unit under the Lease.The Landlord shall comply with state and local laws regarding
interest payments on security deposits.
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Rental Assistance Landlord Agreement a R�
FT WORTH,TX
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occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding
interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local
law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other
amounts payable by the Tenant under the Lease.The Landlord will give the Tenant a written list of all items
charged against the security deposit and the amount of each item. After deducting the amount used as
reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the
Tenant.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3.2 Rent and Amounts Pa able by City
The City has been notified that the Tenant's Total Rent during the Initial Term is $1127.00 per
month for the Unit.
The Tenant,during the Initial Term, shall be responsible for$0.00("Tenant's Portion") of rent per
month for the Unit.
During the Initial Term, and until either this Agreement expires or Landlord is notified by City
otherwise, City shall pay $1127.00 toward the Tenant's Total Rent for the Unit ("City Portion").Neither
City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by
Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in
accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with
the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion.
Payment Conditions.The right of the Landlord to receive payments under this Agreement shall be
subject to compliance with all of the provisions of the Agreement. The Landlord shall be paid under this
Agreement on or about the first day of the month for which the payment is due. The Landlord's signature
on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the
services,maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the Unit other
than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal
place of residence.
Overpayments. If the City determines that the Landlord is not entitled to any payments received,
in addition to other remedies the City may deduct the amount of the overpayment from any amounts due
the Landlord,including the amounts due under any other Rental Assistance Agreement.
4. TERlVIINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as
authorized by and through and following applicable state and local laws.The Landlord must give the Tenant
at least 30 days'written notice of the termination and notify the City in writing within two business days of
notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant.
This Agreement shall automatically terminate on the date the tenant's lease terminates.
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4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the
event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for
any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties.In the event that this Agreement is terminated prior
to the Expiration Date,City shall pay Landlord the City Portion of the Total Rent for the months the Tenant
actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement
prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses
of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of
termination of this Agreement,Landlord shall refund that portion within thirty days of the effective date of
termination by check made out to the City of Fort Worth Neighborhood Services Department In the event
of any dispute arising out of this Agreement,the only remedy Landlord may assert for any claim,no matter
the kind or character, arising out of this Agreement is for the City Portion of the Tenant's Total Rent for
the months that Tenant occupied the unit and this Agreement was in effect.
5. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe
and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services,
maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such
other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition,
and is in compliance with applicable local codes, and that required maintenance, services and
utilities are provided.
5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the
right, even if the Tenant continues in occupancy,to terminate payment of the City's Portion of the
Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to
City.
6. FAIR HOUSING REQUIREMENT
6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other
manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex,handicap,
national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil
Rights Requirements inures to the benefit of the United States of America,the Department of Housing and
Urban Development, and the City, any of which shall be entitled to involve any of the remedies available
by law to redress any breach or to compel compliance by the Landlord.
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6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with
HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint
investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all
related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES
FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY
LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR
SUCCESSORS IN INTEREST,LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation under this
Agreement; or
(3) If the Landlord has committed any fraud or made any false statement in connection
with the Agreement, or has committed fraud or made any false statement in
connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred,
including a brief statement of the reasons for the determination.The notice to the landlord may,at the City's
sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action
to remedy the breach.
7.3 The City's right and remedies for breach of this Agreement shall not be limited by any
provision of this Agreement and City shall be able to seek all remedies available under any applicable laws.
8. NO THIRD PARTY BENEFICIARIES
8.1 The City does not assume any responsibility for, or liability to, any person injured as a
result of the Landlord's action or failure to act in connection with the implementation of this Agreement,or
as a result of any other action or failure to act by the Landlord.
8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any
relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or
subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall.be construed as creating any right of the Tenant or a third
party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD,
the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full
disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Landlord hereby agrees immediately to make full disclosure to City in writing.
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9.2 Confidential Information.Landlord,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Landlord shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Landlord
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment
under this Agreement,including any renewal terms,or the final conclusion of any audit commenced during
the said three years,have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Landlord involving
transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to
City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all
necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable
advance notice of intended audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent contractor as
to all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Landlord shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractor.Landlord acknowledges that the doctrine of respondent superior shall not apply as between
City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants,
Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Landlord.It is further understood that City shall in no
way be considered a Co-employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees
or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY-LANDLORD SHALL BE LIABLEAND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
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MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD,ITS OFFICERS,AGENTS,
SERVANTS OR EMPLOYEES
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS
AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO
ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CA USED B Y THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGESAND AGREES THAT CITY SHALL HAVE NO LIABILITY
OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT
RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BYLANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assignment. Landlord shall not assign or subcontract any of its duties,obligations or rights
under this Agreement without the prior written consent of City.If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be
bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be
jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the
assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written
agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by
the duties and obligations of Landlord under this Agreement as such duties and obligations may apply.
Landlord shall provide City with a fully executed copy of any such subcontract.
14. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at
the Unit in connection with this Agreement will also comply with all applicable federal, state and local
laws,ordinances,rules and regulations.If City notifies Landlord of any violation of such laws,ordinances,
rules or regulations,Landlord shall immediately desist from and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
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To CITY: To LANDLORD:
City of Fort Worth Tammie Carter
Attn: Fernando Costa,Assistant City Manager Property Manager
200 Texas Street 1220 E. Vickery Blvd.
Fort Worth,TX 76102-6314 Fort Worth,TX 76104
Facsimile: (817)392-8654
With copy to Fort Worth Neighborhood Services
Department, Attention: Compliance Division at
same address
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16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
17. NO WAIVER.
The failure of City or Landlord to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
18. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
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22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibit A,.
23. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement between
City and Landlord,their assigns and successors in interest, as to the matters contained herein.Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an original and
all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a
PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution, ordinance or other authorization of the entity.Each party is fully entitled to rely on these
warranties and representations in entering into this Agreement or any amendment hereto.
By signing this Agreement,Landlord warrants that the Unit is in decent,safe,and sanitary condition
as defined in 24 CFR Section 882.109,and that the Landlord has the legal right to lease the Unit during the
term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City's Neighborhood Services Department,Compliance Division and City of
Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company
name, ownership, or address change for the purpose of maintaining updated City records.The president of
Landlord or authorized official must sign the letter. A letter indicating changes in a company name or
ownership must be accompanied with supporting legal documentation such as an updated W-9, documents
filed with the state indicating such change, copy of the board of director's resolution approving the action,
or an executed merger or acquisition agreement. Failure to provide the specified documentation so may
adversely impact future invoice payments.
28. CONFIDENTIAL INFORMATION
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Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public
Information Act("Act"). By executing this agreement,Landlord acknowledges that this agreement will be
publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality,
whether based in statute or the common law, to any and all materials contained as part of this agreement
including all documents and information referenced herein or attached hereto.
(Signature page follows)
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IN WUNESS WHEREOF,theparties hereto have executed this Agreement in multiples this 24th
day of October 2019.
ACCEPTED AND AGREED:
C1TY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
I By sigl?_tngo I acknowledge that I am the person
responsible for the monitoring and administration of
By: Fernando Costa(Dec 17,2019) this cotltract,including ensuring all performance and
Name:Fernando Costa reporting requirements.
Title:Assistant City Manager
Dec 17 2019 T2�Aanrs(21,7o�res
Date: 7 By7errance Jones(Dec 16,2019)
Name: Terrance]ones
APPROVAL RECOI EWMDED: Title:Sr.Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
BYktor Turnor(Dar 17 201 o)
Name:Victor Turner TO Ann We
Title: Director, By: Jo Ann Pate(Dec 17,2019)
Neighborhood Services Department Name:Jo Ann Pate
OR. I Title:Assistant City Attorney
ATTEST:
Q ,• ONTRACT AUTHORIZATION:
r C: 19-0016
By,.Mary J. ayser(Dec I9,
Name:Mary . .
Title: City S to�y'ti E
LANDLORD:
• ATTEST:
By:
Name: Tammie Carter By:
Title: Property Manager Name:
r 1 Date: ri Title:
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OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
L,