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HomeMy WebLinkAboutContract 57979-R1A114040 SIM0101.14FTIVI RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT NO. 57979 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth, a home -rule municipality (hereinafter referred to as the "City,") acting by and through Fernando Costa, its duly authorized Assistant City Manager, and 2107 LINCOLN DR., LLC DBA THE JONES ("Landlord") acting by and through Maria Martinez, it's authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS WHEREAS, on June 1, 2022, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 57979 (the "Agreement"); WHEREAS, the Agreement's initial term was June 1, 2022 to May 31, 2023 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE City and Landlord do hereby agree as follows: RENEWAL OF AGREEMENT The parties agree to renew the term of the Agreement for an additional one year -term beginning June 1, 2023 and expiring May 31, 2024 ("First Renewal Term"), unless terminated earlier in accordance with the terms of the Agreement. II AMENDMENTS TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 1. The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Payable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $947.00 per month for the Unit. The City has been notified that the Tenant's Total rent during the First Renewal Term, from June 1, 2023 to May 31, 2024, is $1182.00 per month for the Unit. OFFICIAL RECORD CSC No. 57979 Renewal One and Amendment One CITY SECRETARY Page 1 of 3 CoFW and 2107 LINCOLN DR., LLC DBA THE JONES FT. WORTH, Tx The Tenant during the Initial Term, shall be responsible for $99.00 of rent per month for the Unit. The Tenant during the first renewal term, shall be responsible for $189.00 per month for the Unit. During the Initial Term City shall pay $947.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During the first renewal term, and until either this Agreement expires or Landlord is notified by City otherwise, City shall pay $993.00 per month for the Unit. Neither City nor does HUD assume 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. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] CSC No. 57979 Renewal One and Amendment One Page 2 of 3 CoFW and 2107 LINCOLN DR., LLC DBA THE JONES IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this Pt day of June, 2023. FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Apr25, 2023 APPROVAL RECOMMENDED Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY 9',"'� 6-b)'a m., Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 40ie C. Pena (Apr 25, 202316:37 CDT) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist CSC No. 57979 Renewal One and Amendment One CoFW and 2107 LINCOLN DR., LLC DBA THE JONES FOR LANDLORD: Maria Martinez Maria Martinez (Apr 25, 2023 15:37 CDT) Name: Maria Martinez Title: Authorized Representative Date: Apr 25, 2023 ATTEST: ��nn a4 b4 Name: Jannette Goodall Title: City Secretary Date: Apr 26, 2023 M&C No.: 22-0569 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3 Th s ).ease is valid ortly if filled our before January I,1024, ritxns.srurtatl:Ai'�tixxatnirsrs Apartment Lease Contract ThIs Is binding Contract. Read carefully before signing. This Lease Contract ("Lease") is between you,the resident(s) as listed below and us. The terms"you" and "your"refer to all residents. The terms 'we," 'us,' and "our" refer to the owner IiSte d below.. PARTIES Residents owner The Occupants LEASEDETAILS A. Apartment Street Address: Apo rtment N o. V.Initla]L@aeeTerm. 0cgins:._ Ends at11;59pm. an: 05131/2024 C.Monthly Base Rent lPar.71 E.Security Deposit (Par. 51 F. Notice ofTermination orIntent toMove Out lPar.4) 1182.00 S 800.00 Aminimum of - 60 dayswrlttennotice of termination or Intent to move ❑ut rmclu [red at end clinifia I Lease Mott, r h a r rh Is am aunt do rs no f term or du fin g r eneveal perl od D. Prorat ad Rent McfadeonyAnimdlOeporif,whirh if the number of days Isn't filled I&naticeafatleast 3Cdays $ D rvould b e reRe(ted In an A nfmal Is regulred, -- - III due for the rem aIrsder of 1st Addendum. m onih or O foT ?nd m on th G. Late Fees (Par. 3.31 Initial Late Fee Dally Late Fee 0 10 %of one momWs rnonthlybase rent or C) ea of one menth's monihly base rent for days or 0$ (]S for., days Due if rent unpaid by11i59ps11.onthe 3rd (3rdorgreater)day ofthe month H.RaturnadCheckorRejected J.OptfonalEarly TerminatIon Fee ( Par. 12) 9.AMrMatVfolatlonCltaryaPar. 12.21 PeymentFee (Pa F.3.4) S 1046 InITTarchargeot$ 100.00 peranimai(not S 50.00 HaticeeF_ 60 daysisrequired. YeudrendtellglbfefprcarfyterminuMorslf you dreln default. toexceedSlooperanima$and AdallychargeofS 10.00 peranimai (not to exceed Sto per day per animal) L 111e1aStl ng Cho rge (Par.7A1 ArelettingchargeofS101T,45 Fee rrntstbepaid nolaterthan 21 daysaflvieblaer lyeusnotice lnotlaexceed8S%afrhehighest flvulucsare8iankar"o,"thenfhfssecflaAdacs kor'Vthm monthlyRentdurfogtheLeuisfarmj ►lalapply maybe charged in certain default situations L, Additional Rent -Monthly Recurring Fixed Charges. You will pry separately for These items as outlined below a ndlo r ti separate addenda, Special Provisions or an amendment to this Lea s o. AnlmArent $ _ Cabielsateiiite $ Trash service S , Internet S _ Packageserwke S _ Pestcontrol S 5torage S Stormwateridralnage $ , WasheriOryer S other Other. 5 Other: $ other $ _ M. of l itles and Otis or Va r Tabi a Cho rges. You will pay separately forges, water, wastewater, electricity, haNm eyeing, ut I111 y billing fees and other items as Mt fined in Separate addenda, Special Provislons or an amendmentlotish Lease. Utility Connection Charge or Transfer Fee- S 50.00 (not to exceed S50) to be paid within S days of written notice (Par. 3.5) Special Provisions. See Par. 32 or additronal addenda attached. The Lease cannnt he chahged unless In writing and signed by you and u5. APanrnent teHe Cant.aft 0[011, Trkls Apr lmern AnadaBon, Me. rage i of 6 LEAS t TtRMS AND CONDITItONS 1. Dolinitions, The following terms are commonly Used Inthis Lease: 1.1. "Residents" are those listed In'Resldents' above who sign the Lease and are authorized to five In the apartment. 1.2. "Occupants" are those listed lnthis Lease who are afsoaulli rued to live In the apartment, but who do not sign the Lease, 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" In this Lease means'Includingbutnot limited to' 1,5. "Community Policies- are the written apartment rules and pallcles,lnduding property siggage and Instructions for care of ourproperty and amenities, with which you,your occupants, and your guests must comply. 1.6. "Rent" Is monthly base rent plus additional monthly recurring fixed charges. Apartment. You arc Icasing the apartment listed above for use as a Private residence only. 2.1. Access.fnaccordance with our Community Policies, you'll receive access Infbrmatlgn or deylces for your apartment and mailbox, and other access devices including: 2,2, Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sixes may vary. 2,3, Representations. You agree that designations araccredl- talfons assodated with the property are subject to change. Rent. You mustpoy your Renton or before the Istday of each month (due dale) without demand. Thereare no exceptions regarding fhe p ayment o(Ren t, and you agree not payf ng Rent on at before the 1st of eachmardh is amaterlaf breach of this Lease. 3.s. k1Y# 3.3. 3.4, 3,5, 316, Payman te. You will pay your Rent by any method, manner and placewe specify in accordance with our Community Policies, Cash is not acceptable without o ur prlor written permission. You casmot withhold or offset Rent unless authorized by law, We may, at our option, require at any time that you pay Rent and other sums due In one single Payment by any method we specify, Application of Payments. Payment of each Burn due is an Independent covenant, which means payments are due regardless Ofourperformance, When we receive money, other than waterand wastewater payments subject to government regulation, we may apply It at our option and without notice first to any of your unpaid obligations, then to accrued rent. We maydo so regardless of notations on checks or money orders and regardless orwhen the obligations arose. All sums other than Rent and late fees are due upon our demand, After the due date, we der not have to accept any payments. Late Fees, I f we don't receive your monthly base rent in full when it'sdue, you must pay latefees as outlined In tease fletalls. Returned Payment Paa, You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initlat and daily late fees If applicable, until we receive full payment in an acceptable method. Utlllties and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined In this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. Ifyour electricity, is Interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Interneq to be cut off or switched for any reason —Including disconnection for not paying your bills —until the Lease term or renewal period ends. If autillty Is indlvlduallymetered, It must he connected In your name and you must notify the provider aryour move - out date. if you delay getting service turned on In your name by the Lease's startdate or cause It to be transferred back Into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed S50 per billing period), plus the actual orestlmated east of the utilities used while the utility should have been hllled to you. If your apartment Is Individually metered and you change Your retail electric provider, you must give us written notice, You must pay all applicable provider fees, including any fees 10 Change servlte back Into our name after you move out. Lease Changes. Leamchanges oreonly allowed during the Lease term or renewal period if governed by Par.10, specified In Special Provlslow In Par, 32, or by a written addendum or amendment signed by you and us. At or after the end of the initial Lease term, Rent Increases will become effective with at least 5 days plus the numberof days',advance notice contained In Box F on page 1 In writing from us to you. Your new Lease, which mayinclude Increased Rent or Lease changes, will begin on the date stated in anyadvance notice we provide (without needing your sdgnature) unless you give us written move -out notice underpay, 4which applies eniyto the end of the current Lease term or renewal period. Automatic Lease RenaWal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of terminatlon or intent to move out as required by Par. 25 and specified on page I. ifthe numbarof doysIsn't filledfy no- tice of atle ast JO days is required. Security Deposit, The total security deposit for all residents Is due on or before the date this Lease Is signed. Any animal deposit will be designated In an animal addendum. security deposits may not be ap- plied to Rent without our prior written consent. 51. Refunds and Deductions. Ygp ustgive usyoyrpovarica LgJI fe of move out as oroylded_tiy Par, 25 and forWArdlna address In writing to receive a written descrlptlgp and itemized list of charges or refund, In accordance with our Community Policies andas alf owed by Taw, we may deduct from yarrrsecurity deposit any amounts due under the Lease. lfyau move out earlynrhi response to anotice fa Vacate, you ibelle$jp.forrekeyfg9charges,Uponreceiptof your move -out date and forwarding address In writing, the security deposit will be returned lless lawful deductions) With an Itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund maybe by one paymentjointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. insurance. Ourlasurance doasn't cover the foss of ordamage to your personal properly. you will be required to have liability li Once as specified in our Community Policies or Lease addenda un- less otherwise prohibited by law, Ifyou have Insurance covering the apartment or your personal belongings at the time you or we suffer or allege a loss,you agree to require your Insurance carrier to waive any Insurance subrogation rights. Even if not required, we urge you to obtain your own Insurance for losses due to theft, fire, Rood, water, pipe leaks and similar occurrences. Most renter's Insurance policies don't cover losses due to a Rood. Relatting and Early Lease'ferminatlon. This Lease may not be ter- minated early except as provided in this Lease. 7.1. Raletting Charge. You'll be liable fora reletting charge as listed In Lease Details, (not to exceed 85%of the highest Monthly Rent during the Lease term) If you: (A) fall to move In, or fall to give written move -out notice as required In Par. 25; (B) move out without paying Rent In full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. 7he reletting Charge is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, Including liability for future orpast-due Rent, charges for damages or other sums due. The reletting charge Is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertaln—particularly those relating to Inconvenience,papwwork, advertising, showing apartments, utilities for showing, checking pros• pects,overhead, marketing costs, and locator -service fees. You agree that the reletting charge Is a reasonable estimate of our damages and that the charge Is due whetheror not our reletting attempts succeed. 7.2. Early Least Termination Procedures,inaddition toyour termination rights referred to In 7.3 or &I below, if this provision applies under Lease Details, you may terminate the Lease prior to the end of the Lease term l(all ofthefolrowing occur., (a) as outlined In Lease petalls, you give us writ ten notice of early termination, pay the early termination fee and specify the date by which you'll move out; (b) you are not In default at any time and do not hold over; and (e) you repay all rent concessions, credits or discounts you received during the Lease term.lfyou are In defau It, the Lease remedies apply. 1.3. Spec€at Termination Rights. Ya u may have the right under Texaslowto ferminate the Lease early in certain situatlans involving military depfaymeptor fransfer, fausllyvielence, ce rtain sexual offenses, stalking or death ofasole resident. Delay of Occupa ncy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or previous resldent's holding over. This Lease will remain In force subject to (1) abatement of Rent on a dolly basis during delay, and (25 yourrlght to terminate the Lease In writing as set forth below. Rent abatement and Lease termination do not apply If the delay Is For cleaning or re- pairs that don't prevent you from moving Into the apartment, 8.1. Termination.IFwegive wriltennotice toyou ofa,delay ln occupancy when or after the Lease begins, you may termi- nate the Lease within 3 days after you receive wrl ltsn notice. If we give you written notice before the date the Lease begins and the notice states that a construction or other deli expected and that the apartment will be ready faryou to occupy on a specific date, you may terminate the Lease within 7 days after receiving written notice, After proper termination, you are entitled only to refund of any deposla(s) and any Rent you paid. Aparlmerd rear CuntmcJ 02021, 7axar Aparlmeni Allociatli Inc. Pape 2 of a 9. tare of Unit and Damages.Youmost promptly pay orreimburse us for loss, damage, consequential damages, government fines or charges, or cost of repalfsor service in the apartment community because of a Lease or Community Policies violation; Improper use, negligence, or other conduct by you, your Invitees, your occupants, or your guests; or, as allowed by law, any othercause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your actlon or Inaction. Unless damage orwostewaterstoppage hdue ro ournegllgence, we're not floble far---andyoa must poyfor—repalrs and replace- ments occurring during the lease term orranawol perlod, lncfud- ing., (A) damage from wastewaterstoppagee. causedby improper objects In lines "dusrvefyserving your apartment; rlii damage to doors, windows, orsereens; and(C) damage fea rn windows or doers left open. r 10.COmntuhltyPolicies. Communitypoildesbecome partofthe Lease and must be foffowed. We may make changes, Including addl- tlons, to our written Community Policies, and those changes can be- come effective Immediately If the CommunityPolicles are dlstrlbuted and applicable to all units In the apartment community and do not Change the dollar amounts In Lease Details, 10.1. PhotolVldeoReleasmYou give uspermission touse any Photograph, likeness, Image or video taken at you while you are using property common areas or participating In any event sponsored by us. 10.2. DlscloyureofInformation. Atour Ioleoption,wemay, but are not obligated to, share and use Information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us Information about pending or actual connections or disconnections of utility service to your apartment, 10,3. Guests, We may exclude from the apartment community any guests or others who, In our sole judgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo Identification or refuses to Identify hlmselfor herselfas a resident, an authorized occupant, at a guest of a specific resident In the community. Anyone not listed in this Lease cannot stay in the apartment fat more than '7 days in one week without our priorwritten consent, and no more than twice that many days In any one month. If the previous space isn"t filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days If you or any of your occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled substancer violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors and Noise. You agree that odors, smoke and smells Including those related to cooking and everyday noises or sounds are all a normal part of a multifamily living environment and that It Is tmpradkal for us to prevent them from penetrating your apartment. It. Conduct. You agree la communicate and conduct yourself In a law- ful, courteous and reasonable manner at all times when Interacting with us, our representatives and other residents or occupants, Any acts of unlawful, discourteous or unreasonable communication or conduct by you, youroccupants or guests Is a breach of this Lease. You must use customary diligence In maintaining the apartment, keeping It In a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, ihduding any balconies, with reasonable care. We may regulate the use of passageways, patios, balconlim porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, Including the following activities: (a) criminal conduct, manufacturing,dellvering,or possessing a controlled substance or drug parapher- nalla; engaging In orthreatening violence; possessing a weapon prohlbited by state law, discharging a firearm In the apariment community; or, except when allowcd by law, displaying or possessing a gun, knife, or other weapon In the common area, or In a way that may4larm others; (b) behaving In a loud, obnoxious or dangerous manner; (c) dIsturhingorthreatening the dghts,comfort,heaidLsofety, gr convenience of others, Induding us, our agents, or our representatives; (d) disrupting our business operations; (e) staring anything in do0ls containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials Into the apartment community; (h) using windows for en try orexit: (il heating the apartment with gas -operated appliances; pJ makingbad-faith orfalse allegations against usorour agents to others; (k) smoking of any kind, that Is not in accordance with our Community Policies or Lease addenda; (1) using glass Cantalners in of near pools; or (m) wnductingany kind ofbuslness (Including child-care services) In your apartment or In the apartment community --except for any lawful business conducted'at home' by computer, mall, or telephone If customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animal$, No living creatures ofanykind are allowed, evantempa. rarlly, anywherein the apartment oraparlment community un- less we've green written permission. If we allow an animal, you must sign a separate AnimalAddendum and, except as set faith In the ad- dendum, pay an animal deposit and applicable tees and additional monthly rent,as applicable. An animal deposit Is considered a gener- al security deposit. You represent that any requests, staterllents and representations you make. Including those for an assistanCe orsup- port animal, are true, accurate and made in good faith, feeding stray, feral or wild animals Is a breach of this Lease, 12.1. Removal ofunautherixedAnimal,Wemay remove an unauthgrized animal by (1) leaving, In a conspicuous place in the apartment, a written notice of our Intent to ramovethe animal within 24 hours; and M following the procedures of Par. 14. We may; keep or kennel the animal; turn the animal overto a humane society, local awhMiy or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the anlmal unless due to our negligence. You must pay for the animal's reasonable care and kenneling Charges, 12.2, Violations of Animal Policies and Charges. if you or any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided In this Lease, Including animal violation charges Ilsled In Lease details from thedate the animal was brought Into your apartment until It Is removed.1f an animal has been In the apartment at any time during your term of occupancy (with orwithout our consent), well charge you for all cleaning and repair costs, Including defleaing, deodorizing, and shampooing. Initial and dally animal-violatlon charges and animal -removal charges are liquidated damagesforour tlme, Inconveniencerand overhead In enforcing animal restrctions and Community Policies. 13. Parking, You may not be guaranteed parking. We may regulate the time, mannerr and place of parking of all motorized vehicles and other modes of transportation, Including bicycles and scooters, In our Community Policies. In addition to other rights we have tortow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle Owner or Operator, any vehicle that Is not In compliance with our Community Policies. 14. When We May Enter. Ifyouorany other resident, guest oroccupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective rest• dents or buyers, Insurance agents, persons authorized 16 enter under your rental application, Or our representatives may peacefully enter the apartmentat reasonable times for reasonable business purposes. If nobody Is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a+window or other means when necessary) for reasonable business purposes If written notice of the entry Isleft In a conspicuous place in the apartment Immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, glue prior notice or make appolntments. Apartment LeneCantraef e17e77,tsxasApdmen1 Anodetim Inr. Pe9.3 of 9 15. Requests, Repairs and Malfunctions 15,1. Written Requests Required.lfyouorany occupant needs to send request--forexample, forlepalrs, Installation, services, ownership disclosure, orserurity-mlatedmatters— Itmust be written anddelivered fa ourdesignated representative In accordance with our Community policies {except for fair -housing accommodation or modlfieatton requests or situations Involving Imminent danger or threat s to health or safety, such as fire, smoke, gas, explosion, or crime In Progress). Out written notes regarding your oral request do not constitute a written request frarn you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair byanyone residing In your apartment constitutes a request from all residents. Thetdme, moaner, method and means of perfarming maintenance and repairs, including whetheror which vendors to use, are within our sole discretion. 15.2. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other canditlon that poses a hazard ar threat to property, health, or safety. Unless we Instruct otherwise, you are required to keep the. apartment cooled or heated according taaurCommunhy Policies. Air conditioning problems are normally not emergencies. 15.3. Utilities, We may change or Install utility lines or equipment serving the apartment If the work is done reasonably without substantially Increasing your utility costs. We may turn Off equipment and Interrupt utilities as needed to perform work or to avoid propertydamage or other emergencies. if utilities malfunction or ere dam aged by fire, water, Or similar cause, you must notify our representalli immediately. 15,4, Your Remedies. We'll actwithcustomary diligence to make repairs and tecanhectlons within a reasonable time, taking Into consideration when casualty -Insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate In whole or In part. 'Reasonable time" accauhts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities, (Iwo fail totimely repair ucondition that maferiaftyaflatts the physical health arsafetyof on ordinary residentas requiredby the Texas Property trade, you maybe entitled to exercise remedies under§ 92.096 an4492,056faftheYe,rasPraperryCode,lfyoufallaw, theprocedures underthose secflon$, the foliowing remedies, among others, may be avalrabfa to yeu: (1) termination of the tease andan appropriate refund under 92.D56(f); (2) have the condition repaired at remedied according to g 92,056f; (3) deduct from the Rent the cost of fhe repair or remedy according to ¢ 92. Ds6I; arid 4) judlelal remedies according to 4 92,0563. 16. Our RighttoTerminate (or Apartment Community Damage or Closure. if. In our sole Judgment, damages to the unit or building are significant or performance of needed repairs poses a danger toyou, we may terminater this Lease and your right to possession by giving you at least 7 days' written notice. I(termlnatIon occurs, you agree we'll refund ahiy prorated rent and all deposits, minus lawful deduct dons. We may removeyvur personal property if, In our sale Judg- ment, It causes a health or safety hazard or Impedes our ability to make repairs. 10.1. Property Closure, We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination If we are demolishing your apartment or closing it and Itwlll no longer be used For residential purposes for at least 6 months, or if anypart ofthe property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or Sub— let your apartment. You agree that you won't rent, offer to rent or license all or anypart of your apartment to anyone else unless other- wise agreed to In advance by us In writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any partof your apartment on any lodging or shoo -term rental website orwith any person or ser- vice that advertises dwellings for rent. 10, Security and Safety Devices,We'IlpayformissinnAetuzJtyde- ylcesthatarerequfrodbylaw,You'llp Y1gDf�)rgjgyylg t yourequestfunle.idwefoiled torakayafter thepreviousrah dent moved curl: and (R1u'enairs or rapincements because of Migulisordamagebyyfouoryourfamily iioccupants,oryour ghosts, You must pay Immediately after the work is done unless state taw authorizes advance payment. You must also pay In advance for any additional or changed security devices you request. Texas Property Code secs, 92.151r92.153, and 92.1a4 requfre, with some exrepfloas, that weprovideat no cost to you When occupancy begins: (A)uwhrdowlalchaneach window; (it)adoorvlewer(peep- hofe at window) an each exterlardoor; (c) a pin lock an each sildfng door; (D) either a door -handle latch Ora security baron each sliding door; (F) a keyless bolting device ideadbolt) on each exrerfor door, and (F) either a keyed doorknob fuck or a keyed deadboitlack on one entryci ifeyediocks will be rekaynd aftarthepriarresiden t moves out. The rekeying will be done ellherbefore you move In or within 7 days afteryou move In, as requiredby taw. if we foilto In• stairorrekeysecuritydevices as required by Inw,you have the right to do so and deduct the reasonable cast from your next Rent pay- ment under Texas Property code sec. 92.165(f). Wa may deactivate ornof ins toilkeyless bolfhrg devlccs on yourdoors Ii (A) you or an occupant in the dwelling is overSS ar disabled, and (8) the require- mentr of Texas Property Code sec, 92, f53(e) or (1) are so tis6ed, 113.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other ddectian devices required bylaw or city ordinance. We may Install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, it smoke alarm capable of alerting a person with a hearing Impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead ormissing batteries atyour expense, without prior notice to you. Neither you nor your guests oroccupanl s may disable alarms ordeteciors.lfyoudamage ordisabte the smoke alarm or remove a be tfarywithout repladng It witty a working battery, youmay be liable to us under 'texas Property Code sec.32.2617for$10opiusOne months Rent, actualdamages, and attorney's fees. 18.2, Duty toReport.Youmost lmmediatelyreport tousany missing, malfunctioning ordefective security devices. smoke alarms or detectors. You'll be liable If you fall to report malfunctions, or fall to report any loss, damage, or fines resulting from Are, smoke, or water. 19. ResitimtSafety and Loss. Unless otherwise requiredbylow,none ofus, curemplayees, agents, ormntrdgemem componlerale llabfe toyou,yourgues is or occupants for any damage, personal injury, ions topersoeaiproperty, orfassaf businesr orpersonallncome, from any cause, including butmi limited to; negllgentarintentlon• alacts ofresldenrs, occupants, or guests; theft, burglary, assauff, vandalism arother crimes; fire, flood, water leaks, rain, hair, ice, snow, smoke, lighfning, wlndi expfoslons, Interruption ofatill iles, pipe leaks or atheroccurrences unless such damage, In jury or)oss Is causedexcltrsf vety by ournegligence, We do not warrant security of anykind. You agree that you wilt not rely upon any security measures taken by us for personal security, and that you willcall911 and local law enforcement authorities If any security needs arise. You acknowledge that we ate not equipped or trained to provide personal security services to you, your guests or occupants. You rec- agnize that we are not roqulred to provide any private security ser- vices and that no security devices or measures on the property are fall -safe, You further acknowledge that, even If an alarm or gate ame- nities are provided, they are mechanlral devices that can maifunc- lion,Any charges resulting from the use of an intrusion alarm will be charged to you. Including, but not limited to, any false alarms with pollcelfirelamb ulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1, As- Is. Wedisclaim aflimplledwarranties, You accept the apartment, fixtures, and furnl ture as is, except for conditions materially affecting the health orsafety of ordinary persons. You'll be given an Inventory and Condition Form at or before move -I n, You agree that after completion of the form or within 48 hours after move•fn,whichever comes first, you must note on the form all defects or damage, sign the form, return It to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwi5e, everything will be considered to be In a clean, safe, and goad working condition, You must still send is s eparate request for any repairs needed as provided by Par,15.1. 20.2. Standardsand Improvements. Unless autharizedby law or by us In writing, you must not perform any repairs, painting, wallpapering, carpeting, electrlral ChB nges, or otherwise alter our property. No holes or stickers are allowed Insideoroutsldetheapartment- Unlessour Community Policies state otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves ofwood. paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, Apartment Lease Cantrad 61077, Tema Apmrtmeni AssadatloN Inc. Page 4 of 6 cameras, video or other doorbells, or lock changes, additions, or reWying is permitted unless required bylaw or w@We consented In writing. You may install a satellite dish or antenna, but only If you sign our satellite -dish or antehha lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, Including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move In, we'll supply light bulbs for fixtures we furnish, Including exterior fixtures Operated from Inside the apartment' after that, you'll replace them at your expense with bulbs of the same type and wattage, Your improvements to the apartment (made with orwlthout our consent) became ours unless we agree otherwise In writing. 21, Notices. Written notice to or from our employees, agents, or managemeht companies constitutes notice to Orfrom Its. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and Ihtent to move out under Par.7.3. All notices and documents will be In English and,at our option, In any other language that you read orspeak. 21.1. ElectrmticNMIce, Notice maybe given electronically by us to you If allowed bylaw. IF allowed bylaw and In accordance with our Community Pollcles, electronic notice from you to us must be sent to the email address andlor portal specified In Community Poll cles. Notice may also be given by phone call or to a physlcal address If allowed In our Community Pollcles. You represent that you have provided your current email address to us, and that you will notify us In the event your email addresschanges. rill It 151,11111 a- a 27. Llablllty. Each resident Is jotntlyand severally liable for all I,ease obligations. If you cranyguest or accupant vlolales the Lease or our Community policies, all residents are considered to have violated the Lease. 22.1. Indemnlficatlon by You. Yau'ffdefend,lndemnffyandhofdus and ouremployeet, agents, andmonagemant company harmless from all liahififyarlsing from yourcondncf or requests to ourrepresentatives and Tram fha condurtofor requests byyearinvitees, accupanrs orguests. 23. Default by Resident. 23,L Acts of Default. You'll belhdefault If. (A)you don't timely pay Rent, Including monthly recurring charges, or otheramounlsyou owe; (B)you or any guest or occupant violates this Lease, our Community PpIII or fire, safety, health, criminal or other laws, regardless of Whether or where arrest or conviction occurs; (C) you give incorrect, Incomplete, or false answers in a rental application or In this Lease; or (D) you or any occupant Is charged, detained, convicted, Or given deferred adjudication or pretrialdiverslon for an offense Involving actual or potential physical harm to a person, or Involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as d@fined In the Texas Controlled substances Act, or (2) any sex - related crime, including a misdemeanor. 23.2. Eviction. Ifyuudefault, including holdingaver, wemay end your right of occupancy bygiving you at leasto 24- hour wrltern notice to vocals. Termination of your possoss ion rights doesn't release you from liability for future Rent or other Lease obligations. Affergiving notice to vacate or Sling an eviction suit, wemaystiff arcept Rent orother sums due, the filing or acceptance doesn't waive or diminish aurright of eviction or any othe►contractualof stotutoryrlght. Accepting money at any time doesn't waive Our right to damages, to past or Future Pent or other sums, or to our continuing with eviction proceedings, In an eviction, Rent Fs owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not toaccelerate Rent All monthly Rent forth@ rest of the Lease term pr renewal period will be accelerated automatically without notice or demand (before or afteracc@I@ratloh) and will he Immediately due if, without our written consent: (A) you move out, remove property In preparing to move out, or you or any occupant gives oral orweltlen notice of intent to move put before the Lease term or renewal period ends; and to) you haven't paid all Rent for the entire Lease term or renewal period, Remaining Rent will also be accelerated If you're judicially evicted or move out when we demand because you've defaulted. Ifyou don't pay the firstmonth's Rent when or before the Lease begins, all future Rent for the Leasetermwill he automatica(ly accelerated without noticeand become Immedlatelydue. We also may end your fight of occu pancy and recover damages, future Rent, attorneys fees, court costs, and other lawful charge s. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained im (1) your move -out notice (2) your notice to vacate, (3) our notice of non -renewal, or 44) a written agreement specifying a different move -nut date. If a holdoveroocurs. then you'll be liable to us for all Rent farther full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at ournption we may extend the Lease term andlor Increase the Rent by 25%by delivering written notice to you or your apartment while you continue to hold over, 23.3. Other Remedios. We may report unpaid amounts to credltagendes as allowed by law, if we or our debt collector tries to collect any moneyyou owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you will pay us, in addition to other sums due, any rental discounts orconcesslons agreed to In wilting that have been applied to your account. We may recover attorney's fee€ in connection with enforcing our rights under this Lease- All unpaid amounts you owe hear Interest at the rate provtded byTexas Finance Code Section 304.003(r) from the due date. You must pay all callecticn- agemcytees If you fail to paysums due within 10 days after you are mailed a letter demanding payment and Stating that collection -agency fees will be added If you don't pay all sums by that deadline. You are also liable for a charge {not tp exceed 5150) to cover our time, cost and expense for any evlctlar proceeding against you, plus our attorrey's fees and expenses, court costs, and filing fees actually paid. 24. Representatives' Authority and Waivars.Our representatives (fn- dudhigmanagementetersonnef, employees, and agents) have no authority to walve, amend, or terminate this Lease orany part of ft unless In writing and signed, anvrno authority tomakepromises, rep- resenra tfons, oragreements (lint impose securl tydutles or other ob- lfgntlans orsasorourrepresen(aNves, unlassln wNtlhgandslgned. No action n r cimission try m will be co nsldered a waiver e f our rights or of any subsequentviolation, default or time or place of performance. our cholra to enforce„ not enforce ordelayemforremantofwr)ften-no- ticerequlremenn, rentoldae dates, aeeeleratlon, flens,oranyafher rights isn't a waiverunderany dreumstonces, Delay In demanding sums you owe Is not a waiver. Exceptwhen nottm or demand Is required by law,you waive any notice and demand for performance from us Ifyou default. Noth Ing In this tease constitutes a waiver of our remedies for a breach underyourpdor lease that occurred before the Lease term begins. Your Lease Is subordinate to existing and future recorded mortgages, un. less the owne(s lender choctses of herwlse. Ail remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provlslom regarding our norriNblllty or non duty apply to our employees, agents, and manage• ment companies. No employee, agent, or management company Is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. sa 2$, Move•OutNotice. BaforeMoving out, you must give owl represen- tative advance written move -out notice as stated In Par. 4, even if the Lease has become a month -to -month lease. The move -out date can't be changed unless we and you both agree In writing. Your move -out notice must comply with each of the f0owing; (a) Unless we require more than 30dayVirotice,lfyougive notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate the Lease before the end of the Lease term or renewal period. (c) Ifwerequireyou togive usmore than 30days'written notice to move out before Use end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fall to give a reminder not Ice, 3o days' wrltten notice to move out Is required. (d) You must get from us written acknowledgment of your holke, 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, Including doors, windows, furniture bathrooms, kitchen appliances, patlos, balconies, garages, carports, and storage rooms. You must follow move -out cleaning Instructions If they have been provided. If you don't clean adequately, you'll be tlablefor reasonable cleaning charges —Including charges for cleaning carpets, draperles, furniture, walls, etc. that are soiled beyond normal wear (that Is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Ap,Immttease[onleat t OIZTeYtApatmentArsedrllon,Inc. Pages of6 26A. MowAuthagratllan. We may, but ere not bllgalead to, provide a legal more out Imention. Ourrepremntatlws have an ambofg, W gland or us regardirrg detlwltons far repairs, damage ,orcharges. qy Mlemmu or estimates by us or our representative are suited W our corre[Ilan, meal fiction, or disapproval be lore final somewhat or refunding. xg. Surrender and Abandonment. You hag sammdwad14 apartment when W the nmm-[uI dale has passed and no one ts living In the apartment in our nar0lwbieludgeren; or lRl eparlmed keys and ao Cass aeNws listed In Par.3.1 have bee turned In as us—whl[hewr happewfirst. YOU M1we abrummerafthe aWtematural all of the following haw ofterned: lm rwryme appears to have mow out firs out restorable fua9menk0 you've bee Indehult for nonpayment of grant fors Pconsecutive a a.West ger"relttlrk servicenm o For the apame mnanme In our a a mehe; been h mllnemaertransferred,and Idyawwnotrerpondea lgrxayamourndme ImonTheins do thelwmenbrdoor nannglmtwecpmmenlwawnmemabam the enea.An Montredh elaawmmercaenenealwa lo&ysdlarthe death era sebrompard. V.I. The getting at Your Rights. Surrender, awndrwvUdV, or Judicial yldlon ends our flight of possess ion for all purposes and boom an the lmmediaw right to clean up make rings in IN and relel the a panmenlaetemena ens secudlp&pent detllatlonrendmmowwaton property IekM Meapanment. 27.2, Removal and Mongs of Drop arty. YR,wlawoMIMay— but have noduryto—remand ar Mare DOprourtythat In Our sole Judgment belongs to you and remdm In lM apartment or In rumors areas lm[Ldmg a" writing occupant or quart owns or used of ter you repdklagj evlaed or Trust jurnandworawralonthe apartment. FYaMnerllaele Mreswhy lvu, demagb of Men, You mwlpyreasonable charges her our padlrlg, removing and [totlng ay property. Except offerings, we may throw awry w glow Bea charitable organhadw all peesenal moyenythet 1p p Iann the eparlmed after unmaer or ab econmen; or Ih tat outside merethe l houranerwatntpassenionIs e eyfollewingluaiddeOctlw. M animal remowa Metsurnndl apenaolmenL oreNdlon maybe bennded or fumed Quarto a bcl subsoriry,humane sOCletµmresci eorganitatieA 0 vILIUN p Name, adtlress and telephone numberalrcelwrzrvlce(If arvalcablep xg, sovreabllity and furvivabllky, Its y Omvisbn of this Lease is havolld or Unenforceable under apllwtle law, It wordt Ingraham the remrim der of Me Learn or change the Intent of the Patches. Paragraphs 10.1, 10.2,16,27 and 31 shagavvive the larminsllana1his Loan. This Lease bins subsequent owners. McCaw aping Lew. Trans aw governs this Loam All lltlgalbn arising under Me Lease and all Levee obligations must be timugMln Me county, end precinct Ifappkel where the apanmem k located 31. Welwn. By signing this Lease, smut agree to Me!Mowing: 31.1. Class Action Waiver. You agree thelyouwlll not participate Iranydassa[tlondalms egal nsl mweuremplyeo,agenM1, or management pamper. You m fit file arty clausagalnsl us InalNaual g and youaxpnulywawyauralpM1fro bring, repnunbio wOlMmse mairwaln aWuaction, wllu4 wanivn ortlmidrpro[vadingpvMsfwM any Forum. 31.2. Formal Ifwo are prevented from recal fig aubslam del pMdmanoofay obligation under this Lane by than am beyond our control IIWuding but norlIn[a flod Its an act ofGmi std L epidemics, sea; acts of terrorism, rims, fixed, Marshall lomedo, sabWagem further ped0firsgnuol Eigmawenstothefirec mwm am wedbylew. 33, SpWeI pwvbbns. Thefollawllp, or attached Space yrovipwr and any addenda or Comments policies pmWgd to o"repanathis Lease and wperwde any con nidng gmvl eons M 145 team. NO cash or partial grammerste will be ifirgagrated, Pavmenb renelved after the led of OM month meet be merge with certified fund& llameneY ardor or clardifirl ahe0ka. After young fnd Ill will be repositioned to make Nture usurrometrus with certified funds. Renter'& Insurance im not rsauirag but we atronaly recommend You Purchases regrowth the insurance pwnP.nts of Your Warcu Before submidInga rental appnwtbn or slashed Ihis Leon, you aboard revirwthedwurnets and m rywnwlt an attwny.You era bound by this Leese when It Is 1pned An eira l[algmtun Is binding. This Loan is the entbugreement between you and w. You are NOTralYing an Only oral representations. Res vneorFnldenm al n6 m of geAtlentl Date pned Pbm of Aeslded) Detesigned pLm ofAesldml) Dateslgnea pLmsolRetldel) wameofRetldep Deuslgma OwwrwO fft RpnsenmNvblIlgnllg on bailiffofowna0 41PIMOM WnemlrrR WOMtlrl wYwlr F,m21ADD-l"dAxd NheLa square M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORT Create New From This MSC DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION PLAN CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,124,648.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of $6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 2 of 6 estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\ %, estimated total of $330,793.14. DISCUSSION: The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling $13,124,648.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low- and moderate -income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior year's funding levels. One public hearing was held on April 27, 2022 to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 11, 2022. These funding recommendations were presented in City Council Work Session on June 7, 2022. A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 26, 2022; in the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on July 1, 2022. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 13, 2022, and the second public hearing is scheduled for the City Council meeting on August 9, 2022. A summary of staffs final funding recommendations is provided below in Tables 1, 2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual Action Plan will be submitted to HUD by August 15, 2022. Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 17.29\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be allocated as follows: • Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons • Housing Programs - $4,153,352.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs • Major Projects - $362,010.00: Includes funding for Southside Community Center improvements • Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services and Development Services Departments • Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 3 of 6 Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be allocated as follows: ■ Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers ■ Community Housing Development Organization - $707,430.00: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Development Corporation of Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. ■ Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of permanent supportive housing. ■ Administration - $321,668.50: Includes costs for administering the HOME grant • Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds be allocated as follows: ■ Public Service Agencies - $1,515,729.00 ■ Neighborhood Services Department - $650,000.00 ■ Administration - $66,981.00 EMERGENCY SOLUTIONS GRANT For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be allocated as follows: ■ Public Service Agencies - $581,403.00 ■ Administration - $47,140.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT Hornehuyer Housing Channel Affordable Housing Education and Housing Counseling $100 000 00 Services Guardianship Services, Financial Exploitation Inc. Bing -In -Place Prevention Center $70,000.00 Meals -On -Wheels, Inc. Bing -In -Place Home -Delivered $72,006.00 of Tarrant County Meals http:llapps. cfwnet. orglcouncit_packetlmc_review. asp?II=30122&councildate=81912022 1013/2022 M&C Review Page 4 of 6 Meals -On -Wheels, Inc. of Tarrant CountIFLoram Aging -In -Place Transportation $50 000 0� Children/Youth Girls Incorporated of Training and Leadership Program $75,000,00 Tarrant County Mentorshi lY Childrenouth United Community Training and Educational $100,000m Centers, Inc. Mentorshi Enrichment Program Boys & Girls Clubs of Children/Youth Greater Tarrant County, Training and After School Program $60,000.00 Inc. Mentorshi Young Men's Christian Children/Youth Association of Training and Y Achievers $50,000.00 Metropolitan Fort Worth Mentorshi Children/Youth AB Christian Learning raining and After School Program $75,000.00 Center Mentorshi Fortress Youth Children/Youth Development Center, Training and Fortress PreSchool $50,000.00 Inc. Mentorshi The Presbyterian Night Shelter of Tarrant Homeless Services Moving Home Case Management $125,000.00 County, Inc. Poverty Reduction Computer Skills The Ladder Alliance and Household Training - Next Level 1Program $70,000.00 Stabilization Poverty Reduction Easter Seals North and Household Employment $50,000,00 Texas, Inc. Stabilization Services Poverty Reduction The Women's Center of and Household Working Families $50,000.00 Tarrant County, Inc. Stabilization Success Poverty Reduction Center for Transforming and Household Level Up $45 ��� d0 Lives Stabilization Microenterprise CDBG Public Service Agencies Total $1,042,006.00 Rehabilitation, Education and Accessibility Advocacy for Citizens Accessibility Improvements for $125,000.00 with Handicaps ❑BA Improvements Low Income REACH, Inc. 11 Residents Accessibility United Way of Tarrant Accessibility Improvements for $50ppp 00 County Improvements Low Income Senior Residents Fort Worth Area Habitat 11Preserve Aging Cowtown Brush Up $465,000.00 for Humanity, Inc. ❑BA Housing Stock Paint Program http://apps. cfwnet. org/council_packet/mc_review. asp?ID=30122&councildate=8/9/2022 1013/2022 M&C Review Page 5 of b Trinity Habitat for H um an itv JCDBG Subrecipient Agencies Total 11 $630,00E1,001 TOTAL CDBG CONTRACTS $1,672,006.0 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY 11 PROGRAM AMOUNT Administration, Supportive Services, Short - AIDS Outreach Center, Inc. Term Rent, Mortgage, and Utility Assistance $429,850.00 STRMU Tarrant County Administration, Facility -Based Operations, Samaritan Housing, Supportive Services, Tenant -Based Rental $1,085,879.00 Inc. Assistance TBRA TOTAL HOPWA CONTRACTS $1,515,729.00 Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant Shelter $130 220 00 County, Inc. Operations/Services Lighthouse for the Homeless ❑BA True Shelter Worth Place Operations/Services $176 000 00 The Salvation Army Homelessness $105,535.00 Prevention Center for Transforming Lives JRapid Re -Housing $98,743.00 SafeHaven of Tarrant County Shelter $70 905 00 Operations/Services TOTAL ESG CONTRACTS 11$581,403.0[1 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternative to consider may include staff and program reductions or eliminations. http://apps. cfwnet. org/council_packet/mc_review. asp?ID=30122&councildate=8/9/2022 1013/2022 M&C Review Page 6 of 6 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Fund Department Account Project Program Activity Budget Reference ID I I ID I I I Year I (Chartfield Fund Department I Account I Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burkley (5785) ATTACHMENTS 19NS 2022-2023 ACTION PLAN 21001.docx (Public) 19NS ACTION PLAN 2022 Agency Form 1295 Forms.pdf (CFW Internal) Action Plan Budget -Staff Recommendations City Council Work Session 060722.pdf (Public) Secretary of State Agency Listings 2022-2023.pdf (Public) http://apps.cfwnet.org/council_packet/mc_review. asp?ID=30122&councildate=8/9/2O22 10/3/2022