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HomeMy WebLinkAboutContract 53232-R4A5CSC No. 53232-R4A5 RENEWAL FOUR AMENDMENT FIVE TO CITY OF FORT WORTH CONTRACT NO. 53232 This Amendment is made and entered into by and between the City of Fort Worth ("City") and WESTDALE HILLS 2013, LP ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on December 13, 2019, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53232 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the initial term of the Agreement was from November 1,2019 to September 30, 202 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the Parties recently renewed the Agreement for its Third Renewal Term, from September 9, 2022 to December 8, 2023; WHEREAS, the lease term was subsequently extended and is now set to expire on December 31, 2023; WHEREAS, the Parties now wish to renew the Agreement for its Fourth Renewal Term, from January 1, 2024 to March 31, 2025. NOW THEREFORE, City and Landlord do hereby agree as follows: I RENEWAL The Parties agree to renew the Agreement for an additional renewal term beginning January 1, 2024 and expiring March 31, 2025 ("Fourth Renewal Term") unless earlier terminated 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. CSC No. 53232- Renewal Four OFFICIAL RECORD Amendment Five Page 1 of 5 CoFW and Westdale Hills 2013, LP CITY SECRETARY FT. WORTH, TX 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 $709.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the first renewal term is $709.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during second renewal term is $734.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the third renewal term, beginning September 9, 2022 and expiring December 31, 2023 ("Third Renewal Term") is $792.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the fourth renewal term, beginning January 1, 2024 and expiring March 31, 2025 ("Fourth Renewal Term") is $824.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $389.00 of rent per month for the Unit. The Tenant during the first renewal term shall be responsible for $389.00 of rent per month for the Unit. The Tenant during the Second Renewal Term, shall be responsible for $453.00 of rent per month for the Unit. From September 9, 2022 to September 30, 2022, the Tenant shall be responsible for $453.00 of rent per month for the Unit. Beginning October 1, 2022 to December 31, 2023, the Tenant shall be responsible for $544.00 per month for the Unit. The Tenant during the Fourth Renewal Term, shall be responsible for $548.00 of rent per month for the Unit from January 1, 2024 to March 31, 2025. During the Initial Term City shall pay $320.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During Tenant's first renewal term City shall pay $320.00 towards the Tenant's Total Rent for the Unit. During Tenant's second renewal term City shall pay $281.00 towards the Tenant's Total Rent for the Unit. During the Tenant's Third Renewal Term, from September 9, 2022 to September 30, 2022 City shall be responsible for $339.00 of the Tenant's Total Rent for the Unit. Beginning October 1, 2022 to December 31, 2023, City shall be responsible for $248.00 of the Tenant's Total Rent for the Unit. During the Tenant's Fourth Renewal Term, from January 1, 2024 to March 31, 2025 the City shall be responsible for $276.00 of the Tenant's Total Rent for the Unit. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. III All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. CSC No. 53232- Renewal Four Amendment Five Page 2 of 5 CoFW and Westdale Hills 2013, LP [SIGNATURE PAGE FOLLOWS] CSC No. 53232- Renewal Four Amendment Five Page 3 of 5 CoFW and Westdale Hills 2013, LP IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective January 1, 2024 FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Dec 19, 2023 APPROVAL RECOMMENDED �a- Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY 9 U)d' 6 �' 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. Julie Pena Julie Pena (Dec 13, 2023 12:08 CST) Name: Julie Pena, MSW Title: Sr. Human Service Specialist CSC No. 53232- Renewal Four Amendment Five CoFW and Westdale Hills 2013, LP FOR LANDLORD: Felicia Marquez (Dec 13, A23 11:37 CST) Name: Felicia Marquez Title: Authorized Representative Date: Dec 13, 2023 dg44pn ATTEST: '0 0.O°dd #-. o I Ov8 o=c° t Ppa* nezA54aa Name: Jannette Goodall Title: City Secretary Date: Dec 19, 2023 M&C No.: 23-0631 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 5 Exhibit A Covv of Tenant's Lease CSC No. 53232- Renewal Four Amendment Five Page 5 of 5 CoFW and Westdale Hills 2013, LP This Lease is valid only if filled out before January 1, 2024. ® v '1'E.X',q AI'At4W1INNT>SSOM,Y ION Apartment Lease Contract This is a binding contract. Read carefully before signing. i`fUlZ 1 2023 This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" referto all residents. The terms "we," "us;' and "our" refer to the owner listed below. PARTIES Lis a Residents Patrick Westdale Hills 2013, LP Occupants Above Oniv LEASE DETAILS A. Apartment (Par. 2) Street Initial LeaseTerm. Begins: 01/01/2024 C. Monthly Base Rent (Par. 3) E.Security Deposit (Par.5) $ 824.00 $ 0.00 M Note that this amount does not D. Prorated Rent Include anyAnimal Deposit which would be reflected in an Animal = $ Addendum. 0 due for the remainder of 1st month or ❑ for 2nd month G. Late Fees (Par.3.3) Initial Late Fee M 10 %ofone month'smonthly base rent or El Due if rent unpaid by 11:59 p.m. on the 3rd Ends at 11:59 p.m. on: 03/31/2025 F. Notice of Termination or Intent to Move Out (Par. 4) Aminimumof 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 least 30 days is required. Daily Late Fee ❑ % ofone month's monthly base rent for days or 0 $ for_ days (3rd or greater) day of the month H. Returned Check or Rejected J. Optional Early Termination Fee (Par. 7.2) K. AnimalViolation Charge (Par. 12.2) Initial chargeof$ 100.00 per animal (not Payment Fee (Par. 3.4) $ 824.00 $ 40.00 Notice of 30 days is required. to exceed $100 per animal) and You are noteligible forearlyfermination if Adallychargeof$ 10.00 peranimal 1. Reletting Charge (Par. 7.1) you are in default. (notto exceed $10 per day per animal) A relettin charge of $ 708.05 Fee must be paid no laterthan 30 9 9 days after you give us notice (notto exceed 85% ofthe highest lfvaluesareblonkor"0,"thenthis section does monthlyRent during the Lease term) notapply. may be charged in certain default i 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 $ Cable/satellite $ Trash service $ n Internet $ Package service $ Pestcontrol $ 2.00 Storage $ Stormwater/drainage $ Washer/Dryer $ Other: Trash Fee $ 7.00 Other: S j Other: $ Other: $ i 'i M. Utilities an d 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) 7 Special Provisions. See Par.32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. -b.-111. 1 ..:: l i 1:. d uo. a. anld:. n. ui 1. n tl 111. 1U Rl:n UP LD.NA Apa rtment Lease Contract 02022, Texas Apartment Ass oclatfon, Inc. Paget of6 .�i�+irlia4LiaWsatw�s:itti�hstuirjniifrG •� n��® 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, butwho do not sign the Lease. 1.3. "Owner" may be identified by an assumed name and is the owneronly and not property managers or anyone else. 1.4. "Including" in this Lease means"indudingbut 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. "RenY' 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 agreethatdesignations oraccredi- tations associated with the property are subject to change. 3. Rent. YoumustpayyourRentonorbeforethe tstdayofeach month (due date) without demand. There are no exceptions regarding the paym ent a fRent, andyo u agree notpaying Renton or before the lstofeach month is a material breach ofthis Lease. 3.1. Paymants. Youwill pay you rRent byany meth od,manner and place we specify in accordance with our Community Policies. Cash is not acceptable without ourprior written permission. You cannot withhold oroffset 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 ofour performance. When we receive money, otherthan water and wastewater payments subject to government regulation, we may apply !tat our option and without notice first to any ofyour unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless ofwhen the obligations arose, All sums otherthan Rent and late fees are due upon our demand. Afterthe due date, we do not have to accept any payments. 3.3. Late Fees. lfwedon't receive your monthly base rent infull when it's due, you must pay latefees 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 for all utilities and services, related deposits, and any charges orfees 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. 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 offor 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.lfyou 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. Ifyour 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 afteryou move out. 3.6. 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 byyou and us. At or after the end ofthe initial Lease term, Rent increases will become effective with at least 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 anyadvance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25,which applies only to the end ofthe current Lease term or renewal period. Apartment Lease Contract 02022,Texas Apartment Association, Inc. Automatic Lease Renewal and Notice ofTermination. 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 n umber of days isn't filled fn, no- tice of a tleast 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 oiveusvouradvance notice of move out as provided by Par. 2S and forwardina_ address In writina to receive a written description and itemized list of�haraespr r%(,und. In accordance with our CommunityPoliciesand as a�lowed bylaw, we may deduct from you security deposit any amounts due under the Lease. if you move out ear/v gqrin response to a notice to vacate, vou'll bellable forrekevina charges. Upon receiptof 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 payment jointly payable to all residents and distributed to any one residentwe choose, ordistributed equally among all residents. Insurance. Ourinsurance doesn't cover theloss ofordamage to yourpersonal property. You will be required to have liabilityinsur- ance as specified in our Community Policies or Lease addenda un- less otherwise prohibited by law. Ifyou have insurance covering the apartment oryour personal belongings at the time you orwe 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 yourown 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 Rood. Reletting and Early Lease Termination. This Lease may not beter- minated early except as provided in this Lease. 7.1. Rel etti ng Cha rge. You'll beIiabiefor arelettingcharge as listed in Lease Details, (not to exceed 85%of the highest monthly Rent during the Lease term) ifyou: (A) fall to move in, orfail to give written move -out notice as required in Par.25; (B) move outwithout paying Rent In full forthe entire Lease term or renewal period; (C) move outat our demand because ofyour default; or (D) are judicially evicted.The reletting charge is not a termination, cancellation or buyoutfee and does not release you from your obligations under this Lease, including liability forfuture 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 forshowing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree thatthe reletting charge is a reasonable estimate of our damages and thatthe 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 or8.i below, ifthis provision applles under Lease Details, you may terminate the Lease prior to the end ofthe Lease term ffall 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. If you are in default, the Lease remedies apply. 7.3. Special Termination Rights. You may have the right under Texas law to terminate the Lease earlyin certain situations involving military deployment ortransfey family violence, certain sexual offenses, stalking or death ofasoleresident. Delay of Occupancy. We are not responsible for any delay ofyour 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 lfthe 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 afteryou receivewrltten notice. Ifwe give you written notice before the datethe Lease begins and the notice states that a construction orotherdelay is expected and that the apartmentwill be ready foryou 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 deposits) and any Rent you paid. 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 a 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 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 notliable for —and you must pay for —repairs and replace- ments occurring during the Lease term orrenewal period, includ- ing: (A) damagefrom wastewaterstoppages caused byimproper objects in lines exclusivelyserving yourapartment,, (e) damage to doors, windows, orscreens, and (C) damage from windows ordoors leftopen. SI RE DENTLiFE 10. Community Policies. CommunityPoliciesbecomepartofthe 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 ofyou while you are using property common areas or participating in any eventsponsored by us. 10.2. Disclosure oflnformation.Atour sole option, wemay, butare 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 providerto 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 otherswho, 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 2 days in one week without our priorwritten consent, and no more than twice that many days in any one month. If the previous space isn'tfilled in, 2 days total perweekwill be the limit. 10.4. Notice of Convictions and Registration, You must notify us within 15 days ifyou or any of your occupants: (A) are convicted ofany felony, (8) are convicted of any misdemeanor involving a controlled substance, Violence to another person, or destruction ofproperty, or (Q register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn'twaive 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 ofa multifamily living environment and that it is impractical for us to preventthemfrom penetrating your apartment. 11. Conduct. You agree tocommunicate and conductyourselflnalaw- 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 ofthis Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or Tittering the common areas.Trash must be disposed of at least weekly. You will use your apartment and all other areas, Including any balconles,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 orpossessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving Ina loud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience ofothers, including us, ouragents, or our representatives; (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances, (f) tampering with utilities ortelecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windows forentryorexit 0i heating the apartmentwith gas -operated appliances, (j) making bad -faith or false allegations against us or our agents to others; (k) smoking ofanykind, that isnot inaccordance with our Community Policies or Lease addenda; (1) using glass containers in or near pools; or (m) conducting any kind ofbusiness (including child-care services) in your apartment or in the apartment community—exceptfor any lawful business conducted "at home" by computer, mail, ortelephone if customers, clients, patients, employees or other business associates do not come to yourapartment for business purposes. 12. Animals. No living creatures ofanykindare allowed, even tempo- rarily, anywhere in the apartment or apartmentcommunity un- lesswe vegiven written permission. Ifwe allow an animal,you must sign a separate Animal Addendum and, except as setforth 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 thosefor an assistance or sup- port animal, are true, accurate and made In good faith. Feeding stray, feral orwild 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) followingthe 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 ofthe 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. Ifyou or any guest or occupant violates the animal restrictions of this Lease or our Community Policies,youll be subjectto 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 yourterm of occupancy (with orwithout our consent), we'll chargeyou 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.Wemay regulate the time, manner, and place of parking ofall 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 understate law,we also have the rightto 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 ifwritten notice of the entry Is left in a conspicuous place in the apartment immediately afterthe 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 Apart mentAssodati on, Inc. Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. WrittenRequestsRequIred./fyoEtorany occupantneeds to send a request —for example, for repairs, installations, services, ownership disclosure, or security -related ma tters— It m ust be written and delivered to our designated representative in accordance with our Comm un ity Policies (except fo r fai r-ho using accommodation or modification requests or situations involving imminent danger or threats to health orsafety, such as fire, smoke, gas, explosion, or crime in progress). Ou r 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 of performing maintenance and repairs, including whether or which vendors to use, are within oursole discretion. 15.2. Yo ur Re q u I rem e nt to N otify. You m ust promptly n otify 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 orthreatto 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 equipm ent 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. ifwefall to timely repair a condition that materlallyaffects th e physical health orsafety of an ordinaryresldent as required by the Texas Property Co de, you may be entitled to exercise remedies under§ 92.056 and§92.0567 oftheTexas Property Code. lfyoufollow th e procedures un der those sections, the following remedies, among others, may be available to you: (1) termination of the Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92.0561, (3) deduct from the Rent th e cost ofthe repair or rem edy according to § 92.0561; and 4) judicial remedies according to § 92,0563. 16. Our Rig htto Terminate for Apartment Community Damage or Closure. If, in our sole judgment, damages to the unit or building are significant or performance of needed repairs poses a danger 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 solejudg- 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 rightto 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 orsub- 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 forthe use of any part of your apartment. You agree notto list any partofyour apartment on any lodging or short-term rental website orwith any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll o�vformissinasecurityoe- vicesthatarereauiredbylaw.You' nav for: (A) rekevina that, you request (unless we failed to rekev after the nrevious resi- dentmovell out): and (B) repairs or replacements because of misuseor amaaebvvouorvourf in,v.vouroauoants.orvour u9 ests.Youmustpayimmediatelyaertheworkisdoneunlessstate 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, 92.153, and 92.154require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a windowlatch on each window, (6) a doorviewer (peep- hole or window) on each exterior door,• (C) a pin lock on each sliding door, (D) either a door -handle latch ora security baron each sliding door,• (E) a keyless bolting device (deadbolt) on each exterior door, and In eithera keyed doorknob lock ora keyeddeadbo/f lock on one entry door. Keyed locks will berekeyed after the priorresident moves out, Therekeying will be done either before you move in or within 7days afteryou move in, as required bylaw. if we fail to in- stall orrekeysecurity devices as required bylaw, you have the right to do so and deduct the reasonable cost from yournext Rent pay- ment under Texas Property Code sec, 92.165(1). We may deactivate ornot install keyless bolting devices on yourdoors if (A) you or an o ccupantin the dwelling is over55 or disabled, and (8) the require- ments ofTexas 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. Neitheryou nor your guests or occupants may disable alarms or detectors. lfyoudamage or disable the smoke alarm or remove a battery withoutreplacing it with a working battery, youmaybe liable to asunder Texas Property Code sec. 92.2617 for$100 plusone month's Rent; actual damages, and attorney's fees. 18.2. Dutyto 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, yourguests or occupants forany, damage, personal injury, loss to personal property, orlossofbusinessorpersonalincome, from anycause, including butnotlimited to: negligent orintention- alactsofresidents, occupants, orguestrtheft, burglary, assault, vandalism or othercrimes; fire, flood, waterleaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption ofutilities, pipe leaks orotheroccurrences unlesssuch damage, Injuryor/oss is caused exclusivelyby ournegligence. 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 alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1. As -Is. We disclaim allimplied 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 ofsmall nail holes for hanging pictures on sheetrockwalls and in grooves ofwood- paneled walls. No waterfurniture, washing machines, dryers, extra phone ortelevision outlets, alarm systems, Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 4 of 6 cameras, video or other doorbells, or lock changes, additions, or rekeying is permitted unless required bylaw or we've consented in writing, You may install a satellite dish or antenna, but only ifyou sign our satellite -dish or antenna lease addendum, which compiles 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 exteriorfixtures operated from Inside the apartment; after that, you'll replace them at your expense with bulbs ofthe 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.Writtennotice toorfromour employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident ofthe 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.7.3. All notices and documents will be in English and, at our option, in any other language that you read orspeak. 21.1. Electronic Notice. Notice maybe given electronically by us to you if allowed by law.lf allowed bylaw 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 ourCommunity 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.You7ldefendindemnifyandho/d us and ouremployees, agents, andmanagementcompany harmlessfrom allliabilityarising fromyourconductor requests to ourrepresentativesand from the conduct ofor requests byyourinvitees, occupants "guests. 23. Default by Resident. 23.1. 23.2. 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; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrestor conviction occurs; (C) you give incorrect, incomplete, orfalse answers Ina 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 theTexas Controlled Substances Act, or (2) any sex - related crime, including a misdemeanor. Eviction. lfyoudefault, includingholding over, we may end yourright ofoccupancybygivingyou otleasto 24- hourwritten notice to vacate. Termination of your possession rights doesn't release you from liabilityfor future Rent or other Lease obligations.Aftergiving notice tovocateor filing an evictionsuit, wemaystill acceptilent orothe► sums due, the filing oracceptance doesn't waive or diminish our right ofeviction oranyothercontractualor statutory right. Accepting money at anytime doesn't waive our right to damages, to pastor future Rent or other sums, or to our continuing with eviction proceedings. In an eviction, Rent is owed forthe full rental period and will not be prorated. 233. 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, oryou orany occupant gives oral orwritten notice of intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent forthe entire Lease term or renewal period. Remaining Rent will also be accelerated if you're Judicially evicted or move outwhen we demand because you've defaulted. If you don't pay thefirstmonth's Rent when or before the Lease begins, all future Rentforthe Leaseterm will be automatically accelerated without notice and become immediately due. We also mayend your rightof occupancy and recover damages, future Rent, attomey'sfees, court costs, and otherlawful 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 forthe full term of the previously signed lease of a new residentwho can't occupy because of the holdover, and at our option, we may extend the Leaseterm and/or increase the Rent by 25%bydelivering written notice to you oryour apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. lf we or our debt collectortrles to collect any money you owe us,you agree thatwe or the debt collector may contactyou by any legal means.lfyou default, you will pay us, in addition to othersums due, any rental discounts orconcessions agreed to in writing that have been applied to youraccount. We may recoverattorney's fees in connection with enforcing our rights underthis Lease.All unpaid amounts you owe bear interest atthe rate provided byTexas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees ifyou fail to pay sums duewithln 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added ifyou don't pay all sums by that deadline. You are also liable for a charge (notto exceed $150) to cover ourtime, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives' Authority and Waivers. Ourrepresentativesfin- cludingmanagementpersonnel,,employees, and agents) haveno authority to waive, amend, orterminate this Lease oranypartofit unfessInwriting andsigned,andnoouthori ytomakepromises,rep- resentations, oregreementsthatimpose security duties orother ob- ligations on usorourrepresentatives, unlessin writing andsigned. No action or omission by uswill be considered a waiverofourrights orof any subsequent violation, default, or time or place of performance. Our choice to enforce, not enforce ordelayenforcement orwritten-no- tice requirements, rental due dates, acceleration, liens, orany other rightsisn'ta wafverunderanycircumstances. Delayin demanding sumsyou owe is nota waiver. Exceptwhen notice ordemand is required bylaw,youwaive any notice and demand forperfonnancefrom us ifyou default Nothing in this Lease constitutes a waiverofour remedies fora breach underyourprior lease thatoccurred before the Leaseterm begins, Your Lease is subordinate to existing and future recorded mortgages, un- less the owners lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonliability or nonduty apply to our em ployees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, a other obliga- tions merely by virtue of acting on our behalf. 25. Move -Out Notice. Before moving a ut, you m ust give o ur represen- tative advance written move-outnotice as stated in Par.4, even if the Lease has become amonth-to-month lease. The move -out date can't be changed unless we and you both agree in writing. Yourmove-outnotice must comply with each of the following: (a) Unless we require more than 30 days' notice, if you give 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) Yo u r move -out n otice mu st not te rminate the Lease before the end of the Lease term or renewal period. (c) Ifwerequ1reyou togive usmorethan 30days'written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fail to give a reminder notice, 30 days' written notice to move out is required. (d) You mustget from us a written acknowledgment ofyour notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly dean the apartment Including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions ifthey have been provided. If you 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 Assoclation, 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 -outdate 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 ortransferred; 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 propertythat 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're judicially evicted or if you surrender or abandon the apartment. We're not liable for casualty, loss, damage, ortheft. 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 maybe 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 (B) we may not recover past or future rent or other charges. The above remedies also apply if both ofthe 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 of TAA and the local association during thethird automatic renewal. Asigned affidavitfrom 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 ofthis 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 underthis 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 rightto bring, represent, join or otherwise maintain a class action, collective action orsimilar proceeding against us in anyforum. YOU UNDERSTAND THAT. WITHOUTTHIS 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, THETERMINATION OR EXPIRATION OF THIS LEASE. 31.2. Force Majeure.ifweare prevented from completing substan- tial performance ofany 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. Thefollowing, 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. No cash or partial Payments are accepted. No checks after the 3rd. Payment method is cashier's check or monev order only. Before submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. You are bound by this Leasewhen it is signed. An electronic signature is binding. This LrPyyaassg is the entire agreement between you and us. You ardNOT,relying on any oral representations. Resident esi t) �� `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 0 erorOwner'sRepresentafi (signin o behalfiofowner) Apartment Lease Contract TAA Official Statewide Form 22-MB-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 httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 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