HomeMy WebLinkAboutContract 57064-R2A2CSC No. 57064-R2A2
RENEWAL TWO AND AMENDMENT TWO
TO CITY OF FORT WORTH CONTRACT NO. 57064
This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth
("City"), HANRATTY PLACE APARTMENTS, LP and ("Landlord"), each individually referred to as
a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, on December 1, 2021, the City entered into an agreement with the Landlord for rental
assistance for a named tenant, City Secretary Office (CSO) Contract No. 57064 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program;
WHEREAS, the Agreement's Initial Term was from December 1, 2021 to November 30, 2022
and allowed for annual renewals upon agreement of the Parties;
WHEREAS, the parties most recently renewed the Agreement for its FIRST Renewal Term
beginning December 1, 2022 and ending November 30, 2023; and
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 Agreement for an additional one year -term beginning
December 1, 2023 and expiring November 30, 2024 ("Second Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENT 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
The City has been notified that the Tenant's Total Rent during the Initial Term is
$689.00 per month for the Unit. The City has been notified that the Tenant's Total Rent
during First Renewal Term is $689.00 per month for the Unit. The City has been notified
that the Tenant's Total Rent during Second Renewal Term is $1,000.00 per month for
the Unit.
CSC No. 57064- Renewal TWO and Amendment TWO OFFICIAL RECORD Page 1 of 3
CoFW and HANRATTY PLACE APARTMENTS, LP CITY SECRETARY
FT. WORTH, TX
The Tenant during the Initial Term, shall be responsible for $0.00 of rent per month for
the Unit. The Tenant during the First Renewal Term shall be responsible for $0.00 of rent
per month for the Unit. The Tenant during the Second Renewal Term shall be
responsible for $0.00 of rent per month for the Unit.
During the Initial Term, City shall pay $689.00 towards the Tenant's Total Rent for the
Unit ("City Portion"). During Tenant's First Renewal Term, the City Portion shall be
$689.00. During Tenant's Second Renewal Term, the City Portion shall be $1,000.00.
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.
[SIGNATURE PAGE FOLLOWS]
CSC No. 57064- Renewal TWO and Amendment TWO Page 2 of 3
CoFW and HANRATTY PLACE APARTMENTS, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
December 1, 2023.
FOR CITY OF FORT WORTH:
' —
Name: Fernando Costa
Title: Assistant City Manager
Date: Nov 30, 2023
APPROVAL RECOMMENDED
v -2s �
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
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.
Name: Cyndee Garza
Title: Sr. Human Services Specialist
FOR LANDLORD:
Deborah washing on
Deborah Washington (Nov 15, 2023 1 .26 CST)
Name: DEBORAH WASHINGTON
Title: Property Manager
Date: Nov 15, 2023
ATTEST:
9FONTIl�II
a�n nExpgab4
Name: Jannette Goodall
Title: City Secretary
Date: Nov 30, 2023
M&C No.: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 57064- Renewal TWO and Amendment TWO Page 3 of 3
CoFW and HANRATTY PLACE APARTMENTS, LP
This Lease is valid only if filled out before January?, 2024.
'11N.\A.SAR%10'd 1I"N' I'ANSOUIX 1'Ir N
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 Owner Hanrattv Place
LEASE DETAILS
A. Apartment (Par. 2)
5treetAddress:
Apartment No. 1104 City:
B.Initial Lease Term. Begins- 12/01/2023
C. Monthly Base Rent (Par.3)
$ 1000.00
D. Prorated Rent
® due for the remainder of lst
month or
❑ for 2nd month
E. Security Deposit (Par. 5)
5
Occupants None
Fort Worth -State: TX Zip: 76104
Ends at 11:59 p.m, on: 11/30/2024
Note that this amount does not
include anyAnimal Deposit, which
would be reflected in an Animal
Addendum.
F. Notice of Termination or Intent to Move Out IPar.4)
Aminimum of 30 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
If the number of days isn't filled in, notice of at feast 30 days
is req uired.
G. Late Fees (Par.3.3)
Initial Late Fee Daily Late Fee
M 10 %of one month's monthly base rent or ❑ %of one month's monthly base rent for days or
p $ 30.00 ❑ $ 5.00 for _ days
Due if rent unpaid by 11:59 p.m. on the 4 th _lard or greater) day of the month
H. Returned Check or Rejected J.Optional Early Termination Fee (Par. Z2) R. Animal Violation Charge (Par.12.2)
Payment Fee (Par.3.4) $ Initial charge of $ 100 .00 per animal (not
25.00 to exceed $100 per animal) and
$ Notice of days is required.
You are noteligibfefor early termination if Adailychargeof$ 10.00 peranimal
1. Reletting Charge (Par. 7.1) you are in default. (not to exceed $10 per day per animal)
Arelettin charge 850.00 Fee must be paid no later than
g 9 days after you give us notice
(nottoexceed85%ofthehighest)fvaluesare blank or"0,'thenthis section does
monthly Rent during the Lease term) not apply.
may be charged in certain default
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.
V
Animal rent $
Cable/satellite $
Trash service S
Internet $
Package service $
Pest control 5
Storage $
Stormwater/drainage $
Washer/Dryer 5
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 Associatlon, Inc. Page 1 ot6
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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 'indudingbut notlimitedto."
1.5. "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.
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:
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.
Rent. You must pay your Rent on or before the 1st day of each
month (due date) without demand. There are no exceptions
regarding the paymentofflent, andyouagree notpayingRent on
or before the 1st of each month is a material breach of this Lease.
3.1. 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 bylaw. 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.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
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.
3.3. 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.
3.4. 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.
3.5. Utilities and Services.You'll pay forall 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 ifthe
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 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 of your 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 of the
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.
3.6. Lease Changes. Lease changes are onlyallowed 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 effectivewith 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 begin
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.
Apartment lease Contract 02122, Texas Apartment Association, Inc.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1. If the number of days isn't filled In, no-
tice of at least3o 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.
S.I. Refunds and Deductions. You must aive us vour advance
notice of move out as orovided by Par. 25 and forwarding_
address in writing to receive a written description and
itemized list of charges or refund. In accordance with our
Community Policies and as allowed by law, we may deduct
from yoursecurity deposit any amounts due under the
Lease. lf you move out early or in resoonse to a notice to
vacate. vou'll be liable for rekevina charges. 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
your personal property. 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) if you: (A) fail to move in,
or fail 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) arejudicially 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
of our 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. lf you are in default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhavethe rightunder
Texas law to terminate the Lease earlyin certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking ardeath ofa soleresident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent an 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 if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
B.I. 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
anydeposit(s) and any Rent you paid.
Page 2 or6
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 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 other cause not due to our
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 ournegligence,
we're not liable for —and you must pay for —repairs andreplace-
ments occurring during the Lease term or renewa►period, indud-
ing: (A) damage from wastewaterstoppages caused by improper
objects in lines exclusively serving your aportment; (B) damage to
doors, windows, or screens and (C) damage from windows or doors
leftopen.
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10. Community Policies. Community Policies become partofthe
Lease and must be 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 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 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 of your occupants:
(A) are convicted of any felony, (R) 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 Nolse. 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 byyou, your occupants 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, 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 or drug parapher-
nalia; engaging in or threatening 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 laud, 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;
(9) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
0) making bad -faith or false allegations against us or our
agents to others;
(k) 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 ofanykindare 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 represent that 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 of this 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 over to 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 ofAnlmalPolicies 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
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 any time 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
boat 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. if you 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 enterunder
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 or 6
15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. lfyouorany 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 Community 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, methodandmeons ofperforming maintenance
and repairs, including whether or 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 condition that
poses a hazard or threat to property, health, orsafety. 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. I f we fail to timely repair a condition that
materially affects the physical health or safety ofan
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under § 92.056
and § 92.0567 of the Texas Property Code. If yo u follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
P) termination of the Lease and an appropriate refund
under92.0561f); (2) have the condition repaired or
remedied according to § 92.0567; (3) deduct from the Rent
the cost of the repair orremedy according to § 92.0567,
and 4) judicial remedies according to § 92.0563.
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 danger to you,
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 sale judg-
ment, it causes a health or safety hazard or impedes our ability 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 ifwe 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 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 part of your apartment on
any lodging or short-term rental website or with any person orser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll Dav for missina securitv de-
vices that are reaufred by law. You'll Dav for: (Al rekevina that
you reauest (unless we failed to rekev after the previous resi-
dent moved out): and (81 repairs or replacements because of
misuse or damage by you orvour family. vour occupants. orvour
u.9 ests. 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. 92.157,92.153, and92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a window latch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door, (C) a pin lock on each sliding
door; (D) either a door -handle latch or asecurity baron 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 prior resident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required bylaw. If we fail to In-
stall or rekey security devices as required bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Codesec. 92.165(1)._We may deactivate
ornot install keyless bolting devices onyourdoors if (A)you or an
occupant in the dwelling is over 55 or disabled, and (B) 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 of your
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 atyour expense, without prior notice
to you. Neitheryou noryourguests or occupants may
disable alarms or detectors.lfyou 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 5100 pl us one
month's Rent, actual damages, and attorney's fees.
19.2. 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 otherwiserequired bylaw, none
of us, our employees, agents, or management companies are liable
to you, yourguests oroccupants forany damage, personal injury,
loss to personal property, orloss ofbusiness orpersonal income,
from any cause, including butnot limited to: negligent orintentian-
al acts of residents, occupants, or guests theft, burglary, assault,
vandalism or other crimes fire, flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, Interruption ofutilities,
pipe leaks or other occurrences unless such damage, injury orloss is
caused exclusively by our negligence.
We do not warrant security ofanykind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 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 alarmswith
police/fire/ambulance response orother 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 ofwood-
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Apartment Lease Contract 02021, Texas Apartment Assoclatlon, Inc. Page 4 of 6
cameras, video or other doorbells, or lock changes,
additions, or rekeying is permitted unless required by law
or we've consented in writing. You may install a satellite
dish or antenna, but only if you sign our satellite -dish or
antenna 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 or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. 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 intent to move out under Par, Z3. All notices and documents will
be in English and, at our option, in any other language that you read
or speak
21.1. Electronic Notice. Notice may be given electronically by
us toyou if allowed by law. Ifallowed by law and in
accordance with our Community Policies, electronic
notice from you to us must be sent to the email address
and/or portal specified in Community Policies. Notice
may also be given by phone call or to a physical address
if allowed in our Community Policies.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates the Lease or our
Community Policies, all residents are considered to have violated the
Lease.
22.1. Indemnification byYou. Youll defend,indemnifyand hold us
and our employees, agents, and management company
harmless from off liability arising from your conduct or
requests to ourrepresentatives and from the conduct ofor
requests byyourinvitees, occupants orguests.
23, Default by Resident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (8) you or any guest or
occupant violates this Lease, our Community Policies,
orfire, 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 pretrial diversion for (1) 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 defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. ifyoudefault, including h olding ove r, we may
end your right of occupancy by giving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. After giving notice to vacate or
filing an evict/ on suit, we may still accept Rent or other
sums due; the filing or acceptance doesn't waive or
diminish our right of eviction or any other contractual or
statutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
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 or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you'rejudicially evicted or move
out when we demand because you've defaulted.
I f you don't pay the first month's Rent when or before the Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you 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 or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fail to pay sums 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 to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorneys fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Ourrepresentatives(In-
cludfng management personnel, employees, and agents) have no
authority to waive, amend, orterminate thisLease cranyportofit
unless in writing andsigned, and no authority to makepromises, rep-
resentations, ar agreements that impose security duties orother ob-
ligationson us orourrepresentatives, unlessin writing andsigned.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, ortime or place of performance. Our
choice to enforce, not enforce or delay enforcement of written -no-
tice requirements, rental due dates, acceleration, liens, air any other
rights Isn't a waiver under any circumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owneh lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies.Al) provisions regarding our
nonliability or nonduty 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.
U mmm -ftnmIT""WaaA l ���t� iY��f
25. Move -Out Notice. Before moving out, you must give our represen-
tative advance written move -out notice as stated in Par. 4, even if
the Lease has become a month-ro-month lease. The move -out date
can't be changed unless we and you both agree in writing.
Yourmove-out notice must comply with each of the following:
(a) Unless we require more than 30days'notice,ifyougive
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) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you i 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 fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. Ifyou don't clean adequately, you'll be liable for
reasonable cleaning charges —Including charges for cleaning
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 02022, Texas Apartment Association, Inc Page 5 or6
26.2. Move -Out Inspection. We may, but are not obligated to,
provide ajoint 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 abandoned the 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 clean up, 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
sole judgment 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'rejudicially evicted
or if you surrender or abandon the apartment.
We're not liable forcosualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw 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
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
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 (6) 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 inTAA and
the local association has lapsed; and (2) neitherthe owner nor the man-
agement company is a member ofTAA 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 useTAAforms ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision of this Lease is invalid
or unenforceable under applicable law, it won't invalidate the remain-
der of the Lease or change the intent of the 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 orsimifarproceeding against us in
any forum.
YOU UNDERSTAND THAT. WITHOUT THIS WAIVER. YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPT THIS 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 ofany obligation underthis Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, Rood, 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 of this
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.
)
(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 or wner's e'pres tative (sig n on b half of owner)
Apartment Lease Contract TAA Official statewide Form 22-M-1/8-2 Revised July 2022 Page 6 of 6
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 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 of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 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 $13,552,621.00 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 2023-2027 Consolidated Plan and 2023-2024 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 an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
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' Community Development Block Grant funds
for the City's Priority Repair Program;
5. 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;
6. 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 2023-2024 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;
7. Authorize the City Manager or his designees 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;
http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023
M&C Review
Page 2 of 7
8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000,00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED I GOAL
(Promote Affordable Housing (Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
l
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement nhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
Aging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
Ilarchitectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve
permanent housing
(Healthy Living and Wellness ��health
Support programs and services to improve the mental and physical
of low -to moderate -income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 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
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M&C Review
Page 3 of 7
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.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 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 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
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 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% 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.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $3,910,000.00: 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 - $636,610,00: Includes for multifamily rental rehabilitation
Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
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 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 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
M&C Review
Page 4 of 7
Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $490,667.85: 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 Housing Channel for multifamily housing
development in southeast Fort Worth. 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.
Community Housing Development Organization Operating - $45,000.00:
Major Projects - $2,000,000.00: 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 ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration - $327,111,90: 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 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
AGENCY
r
BChristian Learning
enter
(Boys & Girls Clubs of
Greater Tarrant County,
Camp Fire First Texas
Cancer Care Services
TABLE 1: CDBG AGENCIES
IICONSOLIDATED PLAN
GOAL
Children and Youth
Services
Children and Youth
Inc. Services
Children and Youth
Services
Healthy Living and
Wellness
Easter Seals North Texas, Economic
Inc. Empowerment and
Financial Resilience
PROGRAM II AMOUNT
Out of School Time
$78,218.00
Program
Youth Development
$70,000.00
at Eastside Branch
Teens In Action
$50,000.00
Cancer Care
$50,000.00
Services
Employment
Services $60,000.00
Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00
County Services II
Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001
I i i u i
httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 5 of 7
Housing Channel
(Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals -On -Wheels, Inc. of
Tarrant County
NPower Inc.
The Ladder Alliance
The Women's Center of
Tarrant County, Inc.
Promote Affordable
Housing for Renters and
Owners
Children and Youth
Services
Children and Youth
Services
Aging In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Housing Counseling
& Education
l Cradle to Career II
Initiative
ItMaroon 9 Teen
richment Program
(Nutrition Program II
"Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
Development
Employment
Solutions
$111,000.00
$25,000.001
$25,000.00I
$75,000.00I
$25,000.00
l�M
$75,000.00
Holistic Educational
(United Community Centers, (Children and Youth ��Literacy
$125,000.00
Inc. Services Program
JCDBG Public Services Agencies Total
II$1,049,218.001
Rehabilitation, Education
and Advocacy for Citizens Accessibility Project Ramp
$165,000.00
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for Housing Preservation
Humanity, Inc. DBA Trinity Cowtown Brush Up
$455,000.00
and Rehabilitation
Habitat for Humanity
JCDBG Subrecipient Agencies Total
I $620,000.001
TOTAL CDBG CONTRACTS
11$1,669,218.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM
AMOUNT
AIDS Outreach Administration, Support Services, Short -Term Rent,
Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Based Rental Assistance
Tarrant
Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00
Inc. g' Services, Tenant -Based Rental Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY
IThe Presbyterian Night Shelter of Tarrant
County, Inc.
Lighthouse for the Homeless dba True Worth
Place
. 4 .
Shelter Operations/Services
Day Shelter
Operations/Services
1$1,729,850.00
11 AMOUNT 1
II$116,635.00I
11$158,400.001
11 1
M&C Review
Page 6 of 7
IThe Salvation Army
Center for Transforming Lives
ISafeHaven of Tarrant County
TOTAL ESG CONTRACTS
IlHomelessness Prevention
IlRapid Re -Housing
JIShelter Operations/Services
All figures have been rounded to the nearest dollar for presentation purposes.
available in ALL COUNCIL DISTRICTS.
$150,000.00
II $75,901.001
II $63,816.001
11$564,752.001
These programs are
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. Alternatives to consider may include staff and program reductions or eliminations.
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 I Department Account I Project I Program Activity
ID ID
FROM
Fund Department Account Project
p 1
ID I I ID
Submitted for Citv Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budgetl Reference #
Year I (Chartfield 2)
Budget Reference #
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
Amount
Amount
19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal)
http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023
M&C Review Page 7 of 7
Action Plan SOS Filings.pdf (Public)
ConPlan July 12 Public Hearinq.pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2,
2023.m)tx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx, (Public)
ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx
(Public)
httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023