HomeMy WebLinkAboutContract 56653-R2A2CSC No. 56653-R2A2
RENEWAL TWO AND AMENDMENT TWO TO CITY OF FORT WORTH
CONTRACT NO. 56653
This 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 Pennsylvania Place Apartments LP
("Landlord") acting by and through Betty Scull, it's authorized representative, each individually referred
to as a "party" and collectively referred to as the "parties."
RECITALS
WHEREAS, on November 9, 2021, the City entered into an agreement with the
Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No.
56653 (the "Agreement");
WHEREAS, the Agreement's initial term was from July 9, 2021 to June 30, 2022 and
allowed for annual renewals upon agreement of the Parties;
WHEREAS, the parties renewed the agreement for an additional term beginning
July 1, 2022 and expiring June 30, 2023 ("First Renewal Term"); and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional one-year term
beginning July 1, 2023 and expiring June 30, 2024 ("Second 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.
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 Pavable by City
OFFICIAL RECORD
CSC No. 56653 Renewal Two and Amendment Two CITY SECRETARY
CoFW and Pennsylvania Place Apartments, LP d/b/a Siddons Place Apartments. FT. WORTH, TX
The City has been notified that the Tenant's Total Rent during the Initial Term is $827.00
per month for the Unit. The City has been notified that the Tenant's Total Rent during the
First Renewal Term is $877.00 per month for the Unit. The City has been notified that the
Tenant's Total rent during the Second Renewal Term, from July 1, 2023 and expiring
on June 30, 2024 ("Second Renewal Term") is $952.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $645.00 of rent per month
for the Unit. The Tenant during the First Renewal Term, shall be responsible for $839.00 of
rent per month for the Unit. The Tenant during the Second Renewal Term shall be
responsible for $904.00 of rent per month for the Unit.
During the Initial Term, City shall pay $182.00 towards rent for the Unit. During the
First Renewal Term, City shall pay $38.00 towards rent for the Unit. During Tenant's
Second Renewal Term, and until either this Agreement expires or Landlord is notified
by City otherwise, the City shall pay $48.00. 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. 56653 Renewal Two and Amendment Two
CoFW and Pennsylvania Place Apartments, LP d/b/a Siddons Place Apartments.
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
12th day of June 2023.
FOR CITY OF FORT WORTH:
Name: Fernando Costa
Title: Assistant City Manager
Date: J u n 13, 2023
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
��I�Qai/ea. WU�Ci.C�!-r2d
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.
ie C. Pena (Jun 12, 2023 16:59 CDT)
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
FOR LANDLORD:
8SGUII
Betty Scu rl (Jun 12, 2023 16:47 CDT)
Name: Betty Scull
Title: Authorized Representative
Date: 'Jun 12, 2023
ATTEST:
A
Name: Jannette Goodall
Title: City Secretary
Date: Jun 13, 2023
M&C No.: 22-0569
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OFFICIAL RECORD
CSC No. 56653 Renewal Two and Amendment Two CITY SECRETARY
CoFW and Pennsylvania Place Apartments, LP d/b/a Siddons Place Apartments. FT. WORTH, TX
This Lease is valid onlyiffilled out before January 1, 2024.
ITX,\SAVNRI,\rH: '1•A.5.YX:IVIJ0, Apartment Lease Contract
This is a 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 listed below.
PARTIES
Residents
LEASE DETAILS
A. Apartment (Par. 2)
Street Address:
Apartment No. City:
B. Initial Lease Term. Begins: 07/01/2023
Owner 250 Penn Ave Tenant, LP
Occupants
Fort Worth State: TX Zip: 76104
Ends at 11:59 p.m. on: 06/30/2024
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par.4)
$ 952.00 $ 150.00 Aminimum of 30 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that ibis amount does not
D. Prorated Rent include any Animal Deposit, which Ifthe number of days isn't filled in, notice of at least 30 days
$ would be reflected in an Animal is required.
Addendum.
® due for the remainder oflst
month or
O for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee
Daily Late Fee
® 10 % of one month's monthly base rent or O
% of one month's monthly base rent for days or
❑ $
O $
for _ days
Due if rent unpaid by 11:59 p.m. on the
5 th (3rd
or greater) day of the month
H. Returned Check or Rejected
J. Optional Early Termination Fee (Par. 7.2)
K. Animal Violation Charge (Par.12.2)
Payment Fee (Par. 3.4)
$
Initial charge of$ 100.00 per animal (not
$ 75.00
Notice of days is required.
to exceed $100 per animal) and
Youare noteligible forearly termination if
Adailychargeof$ 10.00 peranimal
1. Relettin Charge (Par. 7.1)
g g
you are in default.
(not to exceed $10 per da
p yper animal)
A reletting charge of $ 809.20
Fee must be paid no later than
days after you give us notice
(not to exceed 85% ofthe highest
monthly Rent during the Lease term)
Ifvaluesare blank or"0,"then this section does
may be charged in certain default
notapply.
situations
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent
$ 0.00
Cable/satellite $
Trash service $
Internet
$
Package service $
Pest control $
Storage
$
Stormwater/drainage $
Washer/Dryer $
Other:
$
Other:
$
Other:
$
Other:
$
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)
Special Provisions. See Par.32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 1 of 6
LEASE TERMS AND CONDITIONS
1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
the Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized 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 "including but not limited to."
I.S. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property 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.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with our Community Policies, you'll
receive access information or devices for your apartment
and mailbox, and other access devices including: GATE
CARD
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRenton orbefore the lstday ofeach
month (due date) without demand. There are no exceptions
regarding the payment of Rent, and you agree notpaying Rent on
or before the 1st of each month is a material breach of this Lease.
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify in accordance with our Community
Policies. Cash is not acceptable without our prior written
permission. You cannot 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 ofeach sum due is an
independent covenant, which means payments are due
regardless of our performance. When wereceivemoney,
other than water and 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 may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
Returned Payment fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
Utilities 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.
If your electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) 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 a utility is individually metered, it must be connected
in your name and you must notify the provider ofyour move -
out date. If you delay getting service turned on in your name
by the Lease's start date 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 $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed 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
to change service back into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions 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 number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begirt
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice oftermination or intent to move out as required by Par.
25 and specified on page 1.Ifthenumber ofdaysisn'tfllledin, no-
tice of at least 30 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 priorwritten consent.
5.1. Refunds and Deductions. You must aiveusvouradvance
notice of move out as provided by Par. 25 and forwarding_
address In writina to receive a written descriotion and
Itemized list oftharces or rnd In accordance with our
Community Policies and as allowed by law, we may deduct
from your security deposit any amounts due under the
Lease. If you p)ovr opJ early or in response to a notice to
vacate you'll be liable for rekeyinacharges. Upon receipt of
your move -out date and forwarding address in writing, the
security deposit will be returned (less lawful deductions)
with an itemized accounting of any deductions, no later than
30 days after surrender or abandonment, unless laws provide
otherwise. Any refund may be by one paymentjointly payable
to all residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonalproperty. You will be required to have liability insur-
ance as specified in our Community Policies or Lease addenda un-
less otherwise prohibited by law. If you 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, flood, water,
pipe leaks and similar occurrences. Most renter's insurance policies
don't cover losses due to a flood.
Reletting and Early Lease Termination, This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85%of the highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
orfail 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. The 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 or past -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 ascertain —particularly
those relating to inconvenience, paperwork, 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
ofour damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Procedures. In addition to your
termination rights referred to in 7.3 or 8.1 below, if this provision
applies under Lease Details, you may terminate the Lease
prior to the end of the Lease term if all of the following
occur. (a) as outlined in Lease Details, you give us written
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 (c) you repay all
rent concessions, credits or discounts you received during the
Lease term. Ifyou are in default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhavethe right under
Texas law to terminate the lease early in certain situations
Involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death of a sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate the Lease in writing as set forth below. Rent abatement
and Lease termination do not apply ifthe delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after the Lease begins, you may termi-
nate the Lease within 3 days after you receive written notice.
If we give you written notice before the date the Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you 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 deposit(s) and any Rent you paid.
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 2 of 6
9. Care of Unit and Damages. You must promptly pay or reimburse
us for loss, damage, consequential damages, government fines or
charges, or cost of repairs or service in the apartment community
because of Lease or Community Policies violation; improper use,
negligence, or other conduct by you, your invitees, your occupants,
or your guests; or, as allowed bylaw, any other cause not due to ou I
negligence or fault, except for damages by acts of God to the extent
they couldn't be mitigated by your action or inaction.
Unless damage or wastewaterstoppage is due to our negligence,
we're not liable for —and you mustpay for —repairs and replace-
ments occurring during the Lease term or renewal period, includ-
ing., (A) damage from wastewaterstoppages caused by improper
objects in lines exclusively serving your apartment, (B) damage to
doors, windows, orscreenr and (C) damage from windows ordoors
leftopen.
RESIDENT
10. Community Policies. Commun(tyPoliciesbecomepartofthe
Lease andmustbe followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts in Lease Details.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of information. At our sole option, we may,
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 solejudgment, 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 himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 3 days in one week
without our prior written 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 ofyouroccupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, 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 impractical for us to
prevent them from penetrating your apartment.
11. Conduct. You agree to 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, your occupants or guests is a breach ofthis 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, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, 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, delivering, or
possessing a controlled substance ordrug parapher-
nalia; engaging in orthreatening violence; possessing
a weapon prohibited by state law, discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous manner
(c) disturbing or threatening the rights, comfort, health, safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets 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 entry or exit;
0) heating the apartment with gas -operated appliances;
(j) making bad -faith or false allegations against us or our
agents to others;
W smoking of any kind, that is not in accordance with our
Community Policies or Lease addenda;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofany kind are allowed, even tempo-
rarily, anywhere In the apartment or apartment community un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You representthat any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14, We may: keep or kennel the animal;
turn the animal overto a humane society, local authority
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
animal 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. Ifyouor
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
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at anytime during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, 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 to tow 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. Ifyou or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at 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 is left 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, give prior notice or
make appointments.
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 3 of 6
15. Requests, Repairs and Malfunctions
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must be written and delivered to our designated
representative in accordance with our Comm unity Policies
(except for fair -housing accommodation or modification
requests or situations involving imminent danger or threats to
health or safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from 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 by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means ofperforming maintenance
and repairs, including whether orwhich vendors to use,
are within oursole 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 condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to our Community
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
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections 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"
accounts for the severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. Ifwe fail to timely repair a condition that
materially affects the physical health orsafety ofan
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(7) termination of the Lease and an appropriate refund
under 92.056(t); (2) have the condition repaired or
remedied according to § 92.OS61, (3) deduct from the Rent
the cost of the repair or rem edy according to § 92.0561;
and 4) judicial remedies according to § 92.OS63.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages to the unit or building are
significant or performance of needed repairs poses a dangertoyou,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove your personal property if, in our solejudg-
ment, it causes a health or safety hazard or impedes ourability to
make repairs.
16.1. 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 it will no
longer be used for residential purposes for at least 6
months, or if any part of the 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 any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of va lue from anyone else for the use of any part of
your apartment. You agree not to list any part ofyour apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll pay for missing security de-
vices that are required by law. You'll oav for: (Al rekeying that
you request (unless we failed to rekev after the orevious rem
dint moved outb and (0) repairs or replacements because of
misuse or damage by you or your family. vour occuoants. or your
guests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
Texas Property Code secs. 92.751, 92.753, and 92,754 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a window latch on each window; (8) a doorviewer (peep-
hole or window) on each exterior door; (C) apin lock on each sliding
door, (D) either a door -handle latch or a security bar on each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door,•
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the priorresident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required by law. if we fail to in-
stall or rekeysecurity devices as required by law, you have the right
to do so and deduct the reasonable cost from yournext Rentpay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
ornot Install keyless bolting devices on yourdoors if (A) you or an
occupant in the dwelling is over55 ordisabled, and (8) the require-
ments of Texas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
apartment. Upon request, we'll provide, as required by
law, a 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
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. If you damage or disable the
smoke alarm or remove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 92.2671 for $100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required bylaw, none
ofus, ouremployees, agents, ormanagement companies are liable
to you, your guests oroccupants for any damage, personal injury,
loss to personal property, orloss ofbusiness orpersonal income,
from anycouse, including but not limited to: negligent orintention-
alacts ofresidents, occupants, arguests; theft, burglary, assault,
vandalism or other crimes; fire, Rood, water leaks, rain, hall, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, injury or loss is
caused exclusively by our negligence.
We do not warrant security of any kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will ca11911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1. As -is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion of the form or within 48 hours after
move -in, 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. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless our
Community Policies state otherwise, we'll permit a
reasonable number of small nail holes for hanging
pictures on sheetrock walls and in grooves of wood -
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 4 of 6
cameras, video or other doorbells, or lock changes,
If you don't pay the first month's Rent when or before the Lease
additions, or rekeying is permitted unless required by law
begins, all future Rent forthe Lease term will be automatically
or we've consented in writing. You may install a satellite
accelerated without notice and become immediatelydue. We
dish or antenna, but only if you sign our satellite -dish or
also may end your right of occupancy and recover damages,
antenna lease addendum, which complies with reasonable
future Rent attorney'sfees, court costs, and other lawful charges.
restrictions allowed by federal law. You must not alter,
damage, or remove our property, including alarm systems,
23.4. Holdover. You and all occupants must vacate and surrender
detection devices, appliances, furniture, telephone and
the apartment by or before the date contained in: (1) your
television wiring, screens, locks, or you
move -out notice (2) our notice to vacate, (3) our notice of
move in, we'll supply light bulbs for fixtures we furnish,
fixtures frnish,
non -renewal, or (4) a written agreement specifying a different
including exterior fixtures operated from inside the
move -out date. If a holdover occurs, then you'll be liable to us
apartment; after that, you'll replace them at your expense
for all Rent for the full term of the previously signed lease of a
with bulbs of the same type and wattage. Your improvements
new resident who can't occupy because of the holdover, andat
to the apartment (made with or without our consent) become
our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
ours unless we agree otherwise in writing.
apartment while you continue to hold over.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
23.5. Other Remedies. We may report unpaid amounts to
you or any other resident of the apartment constitute notice to all
credit agencies as allowed by law. If we or our debt
residents. Notices and requests from any resident constitute notice
collector tries to collect any money you owe us, you
from all residents. Only residents can give notice of Lease termination
agree that we or the debt collector may contact you by
and intentto move out under Par.7.3. All notices and documents will
any legal means. If you default, you will pay us, in addition
be in English and, at our option, in any other language that you read
to other sums due, any rental discounts or concessions
or speak.
agreed to in writing that have been applied to your account.
We may recoverattorney's fees in connection with enforcing
21.1. Electronic Notice. Notice may be given electronically by
our rights under this Lease. All unpaid amounts you owe bear
us to you if allowed by law. If allowed by law and in
interest at the rate provided by Texas Finance Code Section
accordance with our Community Policies, electronic
304.003(c) from the due date. You must pay all collection -
notice from you to us must be sent to the email address
agency fees if you fail to pay sums due within 10 days after
and/or portal specified in Community Policies. Notice
you are mailed a letter demanding payment and stating that
may also be given by phone call orto a physical address
collection -agency fees will be added if you don't pay all sums
if allowed in our Community Policies.
by that deadline. You are also liable for a charge (not to
You represent that you have provided your current email
exceed $150) to cover our time, cost and expense for any
address to us, and that you will notify us in the event your
eviction proceeding against you, plus our attorney's fees and
email address changes.
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
EVICTION AND REMEDIES
authorityto waive, amend, or terminate this Leaseoranypartofit
22. Liability. Each resident is jointly and severally liable for all Lease
unless in writing andsigned, andno authorttytomakepromises, rep -
obligations. Ifyou or any guest or occupant violates the Lease or our
resentations,oragreementsthatimposesecurhyduNesorotherob-
Community Policies, all residents are considered to have violated the
ligationsonusorourrepresentatives,unless inwriting andsigned.
Lease.
No action cr omission by us will be considered a waiver of our rights or of
22.1. Indemnification byYou.You9/defend,indemnilyandhoklus
any subsequent violation, default, ortime or place of performance. Our
choice to enforce, notenforceordelayenforcementofwritten-no-
andour employees, agents, andmanagement company
tice requirements, rentaiduedates, acceleration, liens, oranyother
harmless from allliabilityalising from yourconductor
rightslsn'tawaiver under anycircumstances.Delay indemanding
requests to our representatives and from the conduct ofor
sums you owe is not a waiver. Except when notice or demand is required
requests by yourinvitees, occupants or guests.
by law, you waive any notice and demand for performance from us if you
23. Default by Resident.
default. Nothing in this Lease constitutes a waiver of our remedies fora
23.1. Acts of Default. You'll be in default if: (A) you don't
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
timely pay Rent, including monthly recurring charges, or
less the owners lender chooses otherwise.
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
All remedies are cumulative. Exercising one remedy won't constitute
or fire, safety, health, criminal or other laws, regardless of
an election or waiver of other remedies. All provisions regarding our
whether or where arrest or conviction occurs; (C) you
nonliabilityornonduty apply toour employees, agents, and manage -
give incorrect, incomplete, or false answers in a rental
ment companies. No employee, agent, or management company is
application or in this Lease; or (D) you or any occupant is
personally liable for any ofour contractual, statutory, or other obliga-
charged, detained, convicted, or given deferred
tions merely by virtue of acting on our behalf.
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
END OF THE LEASE TERM
involving the manufacture or delivery ofa, controlled
substance,marijuana, or drug paraphernalia as defined
25. Move -Out Notice. Before moving out you mustgiveour rep►esen-
in the Texas Controlled Substances Act, or (2) any sex-
totive advance written move -out notice as stated in Par.4, even if
related crime, including a misdemeanor.
the Lease has become a month -to -month lease. The move -out date
23.2. Eviction.lfyoude{cult including holding over, wemay
can't be changed unless we and you both agree in writing.
endyourright ofoccupancy bygivingyou atleasto24-
You►move-outnoticemustcomplywith eachofthefo{lowing:
hour written notice tovacate.Termination ofyourPossession
(a) Unless we require more than 30 days'notice, ifyou give
rights doesn't release you from liability for future Rent or
notice on the first day of the month you intend to move
other Lease obligations. After giving notice to vacate or
out, move out will be on the last day of that month.
filing an eviction suit we may still accept Rent orother
sums due; the filing or acceptance doesn't waive or
(b) Your move-oLit noticemustnot terminate theLease
diminish our right ofeviction or any other contractual or
before the en d of the Lease term or ren ewa I pe riod.
statutory right. Accepting money at any time doesn't waive
(c) If werequireyou togiveusmore than30days'written
our right to damages, to past or future Rent or other sums,
notice to move out before the end ofthe Lease term, we
or to our continuing with eviction proceedings. In an eviction,
will give you 1 written reminder not less than 5 days nor
Rent is owed for the full rental period and will not be
more than 90 days before your deadline for giving us
prorated.
your written move -out notice. If we fail to give a reminder
23.3. Acceleration. Unless we elect not to accelerate Rent, all
notice, 30 days' written notice to move out is required.
monthly Rent for the rest of the Lease term or renewal
(d) You must get from us a written acknowledgment of your
period will be accelerated automatically without notice
notice.
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
26. Move -Out Procedures.
move out, remove property in preparing to move out,
26.1. Cleaning. You must thoroughly clean the apartment, including
or you or any occupant gives oral or written notice of
doors, windows, furniture, bathrooms, kitchen appliances,
intent to move out before the Lease term or renewal
patios, balconies, garages, carports, and storage rooms. You
period ends; and (B) you haven't paid all Rent for the
must follow move -out cleaning instructions if they have been
entire Lease term or renewal period. Remaining Rent will
provided. If you don't clean adequately, you'll be liable for
also be accelerated if you'rejudicially evicted or move
reasonable cleaning charges —including charges for cleaning
out when we demand because you've defaulted.
carpets, draperies, furniture, walls, etc. that are soiled beyond
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
Apartment Lease Contract m2022, Texas Apartment Association, Inc.
Page 5 of 6
26.2. Move -Out Inspection. We may, but are not obligated to,
provide a joint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
happens first.
You have abandonedthe apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to cleanup, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable forcasualty, loss, damage, ortheft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we maythrow away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
maybe kenneled or turned over to a local authority, humane
society, or rescue organization.
PROVISIONSGENERAL r SIGNATURES
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur: (1) the Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when the Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision ofthis Lease is invalid
or unenforceable under applicable law, it won't invalidate the remain-
der of the Lease or change the intent ofthe parties. Paragraphs 10.1,
10.2,16, 27 and 31 shall survive the termination of this Lease.
This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or otherwise maintain a class action,
collective action or similarproceeding against us in
anyforum.
YOU UNDERSTAND THAT. WITHOUTTHIS WAIVER. YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE,
31.2. Force Majeure. lfwe are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease is the entire agreement between you
and us. You are NOT relying on any oral representations.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Own o► r;Re sentative( nin n e Ifofowner)
Pn 1
; (
Apartment Lease Contract, TAA Official Statewide Form 22-A/B-1 /B-2 Revised July 2022 Page 6 of 6
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
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
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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
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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
AGENCY
Housing Channel
TABLE 1: CDBG AGENCIES
CONSOLIDATED
PLAN GOAL
Affordable Housing
Guardianship Services, Aging -In -Place
Inc.
Meals -On -Wheels, Inc. Aging -In -Place
of Tarrant County gin g
PROGRAM
AMOUNT
Homebuyer
Education and
$100,000.00
Housing Counseling
Services
Financial Exploitation
$70,000.00
Prevention Center
Home -Delivered
$72,006.00
Meals
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Meals -On -Wheels, Inc.
Aging
of Tarrant County
gin g -In -Place
Girls Incorporated of
Children/Youth
Tarrant County
Training and
Mentorship
United Community
Children/Youth
Centers, Inc.
Training and
Mentorship
Boys & Girls Clubs of
Children/Youth
Greater Tarrant County,
Training and
Inc.
Mentorship
Young Men's Christian
Children/Youth
Association of
Training and
Metropolitan Fort Worth
Mentorship
AB Christian Learning
Children/Youth
Center
Training and
Mentorship
Fortress Youth
Children/Youth
Development Center,
Training and
Inc.
Mentorship
The Presbyterian Night
Shelter of Tarrant
County, Inc.
The Ladder Alliance
Easter Seals North
Texas, Inc.
Homeless Services
Poverty Reduction
and Household
Stabilization
Poverty Reduction
and Household
Stabilization
The Women's Center of Poverty Reduction
Tarrant County, Inc. and Household
Stabilization
Center for Transforming Poverty Reduction
Lives and Household
Stabilization
CDBG Public Service Agencies Total
Rehabilitation,
Education and Accessibility
Advocacy for Citizens Improvements
with Handicaps DBA p
REACH, Inc.
United Way of Tarrant Accessibility
County Improvements
Fort Worth Area Habitat Preserve Aging
for Humanity, Inc. DBA Housing Stock
Transportation $50,000.00
Program
Leadership Program $75,000.00
Educational
Enrichment Program $100,000.00
After School Program $60,000.00
Y Achievers $50,000.00
After School Program $75,000.00
Fortress PreSchool
Moving Home Case
Management
Computer Skills
Training - Next Level
Program
Employment
Services
Working Families
Success
Level Up
Microenterprise
Accessibility
Improvements for
Low Income
Residents
Accessibility
Improvements for
Low Income Senior
Residents
Cowtown Brush Up
Paint Program
$50,000.00
$125,000.00
$70,000.00
$50,000.00
$50,000.00
$45,000.00
1�$1,042,006.00
$125,000.00
$50,000.00
$455,000.00
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Trinity Habitat for
Humanity
JCDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
AGENCY
TABLE 2: HOPWA AGENCIES
PROGRAM
AIDS Outreach Administration, Supportive Services, Short -
Center, Inc. Term Rent, Mortgage, and Utility Assistance
(STRMU)
Tarrant County Administration, Facility -Based Operations,
Samaritan Housing, Supportive Services, Tenant -Based Rental
Inc. Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY 11 PROGRAM
The Presbyterian Night Shelter of Tarrant JIShelter
County, Inc.
Lighthouse for the Homeless DBA
Worth Place
The Salvation Army
Center for Transforming Lives
SafeHaven of Tarrant County
TOTAL ESG CONTRACTS
$630,000.001
1$1,672,006.00
11 AMOUNT I
$429,850.00
$1,085,879.00
1�$1,515,729.00
11 AMOUNT
��$130,220.00�
��$176,000.00�
��$105,535.00�
11 $98,743.00
$70,905.00
II$581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Operations/Services
True Shelter
Operations/Services
Homelessness
Prevention
JlRapid Re -Housing
Shelter
Operations/Services
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.
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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.
TO
Fund Department ' Account Project Program Activity ' Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Oriqinatinq Department Head: Victor Turner (8187)
Additional Information Contact: Sharon Burkley (5785)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN 21001.docx (Public)
19NS ACTION PLAN 2022 Aqencv Form 1295 Forms.odf (CFW Internal)
Action Plan Budaet-Staff Recommendations Citv Council Work Session 060722.pdf (Public)
Secretary of State Aqencv Listinqs 2022-2023.odf (Public)
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