HomeMy WebLinkAboutContract 32793 CITY SECRETARY
CONTRACT NO.,__��fl�
INTERIM SHELTER AGREEMENT
BETWEEN THE CITY OF FORT WORTH
and PACIFIC TREE,INC. dba
CINNAMON TREE APARTMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Interim Shelter Agreement("Agreement") is entered into by the City of Fort Worth,
Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise
Counties,Texas,acting by and through its duly authorized Assistant City Manager,Joe Paniagua,
whose address is 1000 Throckmorton, Fort Worth, Texas 76102 and Pacific Tree, Inc. dba
Cinnamon Tree Apartments("Apartment"),whose address is 6100 Westcreek Drive, Fort Worth,
Texas 76133, acting by and through Mindy Nguyen, its duly authorized Property Supervisor.
(Sometimes City and Apartment are referred to individually as a "Party" and collectively as the
"Parties").
ARTICLE I
RECITALS
A. City has received an influx of evacuees fleeing the Gulf Coast and the City of
New Orleans, Louisiana as a result of the wide spread devastation and flooding following
Hurricane Katrina's landfall in southern Louisiana,Mississippi and Alabama.
B. City has determined that extraordinary measures must be taken to alleviate the
suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of
these evacuees to the City has created a state of disaster in the City and therefore on September 1,
2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth,
Texas pursuant to section 418.108 of the Texas Government Code.
C. City anticipates that expenditures by City pursuant to this Agreement will be
reimbursed by the Federal Emergency Management Agency of the United States Department of
Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and
amount of that reimbursement is unknown to the Parties.
D. The purposes of this Agreement are to set out the mutually agreeable terms and
conditions relating to providing interim shelter for those evacuees (hereinafter referred to as
tenant or tenants)that City determines to place in Apartment and to provide assistance for tenants
under the Katrina interim shelter program("Program").
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, and for the consideration of the mutual promises recited herein
the sufficiency of which is hereby acknowledged by the Parties,the Parties contract and agree as
follows:
ARTICLE II
LEASE OF RENTAL UNITS
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(a) This Agreement applies to the Rental Units specified in the attached Exhibit"A" ("Rental
Units").
(b) The lease form for the Rental Units shall be the Texas Apartment Association Lease
Contract or such other lease contract as approved by the City. The lease contract used by
Apartment is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all
references in this Agreement to the Lease Contract, shall include the "Tenancy Addendum,"
attached as Exhibit "E." Apartment shall attach the Tenancy Addendum to all Lease Contracts
prior to the execution of the Lease Contract by Apartment and tenant.
(c) City has approved leasing of the Rental Units subject to a determination by the City of
Fort Worth Housing Department inspections that the Rental Units meet City of Fort Worth
Housing Department Minimum Acceptable Standards("MAS").
(d) Apartment will lease the Rental Units only to tenants approved for placement by City
under the Program, unless notified in writing by City that a Rental Unit is no longer needed for
the Program.
(e) The initial term of the Lease Contract is three (3) months, with three (3) additional
options to renew for terms of three (3) months each, unless earlier terminated as hereinafter
provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract
executed by tenant and Apartment for the renewal period. A tenant may terminate the Lease
Contract with 30 days written notice to Apartment.
(f) Apartment certifies that:
(1) Apartment and the tenant will enter into a lease in the same form as the Lease Contract.
(2) The Lease Contract is consistent with Federal, state and local law.
(g) Apartment is responsible for screening the tenant's behavior or suitability for tenancy.
City is not responsible for such screening. City has no liability or responsibility to Apartment or
other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City
acknowledges that Apartment may require tenant to sign a rental application and disclose certain
background information, including criminal information,at the same time the tenant is allowed to
take occupancy of the Rental Unit. If Apartment discovers that a tenant has submitted false
information on the rental application or that tenant's criminal history is unacceptable according to
Apartment's customary standards for lessees in unassisted units, Apartment may give the tenant
one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior
lease shall not be grounds for eviction. Apartment shall notify City promptly of the issuance of
any notice to vacate and eviction of any tenant in any Rental Unit.
(h) Apartment shall treat tenants under this Agreement in accordance with Apartment's
customary practices and policies towards all of its other tenants.
ARTICLE III
MAINTENANCE,UTILITIES AND OTHER SERVICES
(a) Apartment must maintain all Rental Units and the building or complex in which the
Rental Unit is located, including common areas and grounds("Premises") in accordance with the
MAS.
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(b) Apartment must provide all utilities needed to comply with the MAS unless City has
agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit"C."
(c) If Apartment does not maintain the Rental Units and the Premises in accordance with the
MAS, City may exercise any available remedies as set forth in this Agreement. City may not
exercise such remedies against Apartment because of an MAS breach for which the tenant is
responsible, and that is not caused by Apartment.
(d) City or its agents may inspect the Rental Units and the Premises at such times as City
determines necessary,to ensure that all Rental Units are in accordance with the MAS.
(e) City must notify Apartment of any MAS defects shown by the inspection.
(f) Apartment must provide all housing services as agreed to in the Lease Contract.
ARTICLE IV
TERM OF AGREEMENT
(a) The term of this Agreement begins on the date of countersignature by City, and
terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract
entered into pursuant to this Agreement,whichever come first.
(b) Termination During Initial Term of Lease Contracts. If Apartment breaches this
Agreement in accordance with Article VII during the initial three (3) month term of the Lease
Contract for any Rental Unit,City may terminate this Agreement as to any Rental Unit or as to all
Rental Units, in its sole discretion. Prior to termination of this Agreement, City may give
Apartment opportunity to cure said breach as set forth in Article VIII(b).
(c) Termination During Any Renewal Term of Lease Contracts. During any renewal
term of any Lease Contract executed by Apartment and tenant under this Program for any of the
Rental Units,this Agreement may terminate as follows:
1. The Agreement terminates automatically as to each Lease Contract that is
terminated by Apartment or the tenant.
2. City may terminate Program assistance for a tenant for any grounds authorized in
accordance with U.S. Department of Housing and Urban Development("HUD")
or FEMA requirements upon written notice to Apartment. If City terminates
Program assistance for a tenant, the Agreement terminates automatically as to
that Lease Contract.
3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to
that Lease Contract. Apartment must notify City in writing of the vacancy as
soon as Apartment knows of it.
4. City may terminate the Agreement if City determines, in accordance with FEMA
and/or HUDrequirements, that available Program funding is not sufficient to
support continued assistance for tenants in the Program.
5. City may terminate the Agreement as to any Rental Unit if City determines that
the Rental Unit in question does not provide adequate space in accordance with
the MAS because of an increase in tenant's family size or a change in tenant's
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family composition.
6. If the composition of the tenant's family residing in the Rental Unit changes,City
may terminate the Agreement as to that Rental Unit, or may continue Program
payments on behalf of tenant's family members who remain in the Rental Unit.
7. City may terminate the Agreement as to that Rental Unit if City determines that
the Rental Unit in question does not meet all requirements of the MAS.
8. City may terminate the Agreement if City determines that Apartment has
otherwise breached the Agreement.
(d) If City or a tenant terminates a Lease Contract under this Agreement during the initial
three (3) month term for any reason not Apartment's responsibility, City shall pay Apartment
Rent, as hereinafter defined, on the Rental Unit for the remainder of the initial term, minus any
days for which Rent has already been paid.
(e) If for any reason Program assistance is terminated, Apartment shall have the right to
terminate this Agreement and/or tenant's right to possession of any Rental Unit not being paid for
by City.
ARTICLE V
RENT
(a) All rent rates are as outlined in the attached Exhibit"B"("Rent").
(b) City must determine whether the Rent to Apartment is reasonable in comparison to rent
for other comparable unassisted units.To make this determination,City must consider:
I. The location,quality, size,unit type,and age of the Rental Units; and
2. Any amenities, housing services, maintenance and utilities provided and paid by
Apartment.
(c) During the Agreement term, the Rent may not exceed rent charged by Apartment for
comparable unassisted units in the Premises. Apartment must promptly give City any information
requested by City on rents charged by Apartment for other units in the Premises or elsewhere.
ARTICLE VI
CITY PAYMENT TO APARTMENT
(a) Program Payments
1. City has allocated no money under this Agreement to make Program payments
to Apartment City will pay Rent pursuant to invoices issued to City by Apartment for Lease
Contracts for all Rental Units covered by this Agreement. Apartment will take all necessary
steps to become a vendor for the City and will issue an invoice to City once a month no later
than the twenty-fifth day of that month for the total amount of Rent due for all Rental Units
covered by this Agreement for the next month, and City will make Program payments to
Apartment in accordance with Article VI(a)Z
2. During the term of the Agreement, City shall make monthly Program payments
to Apartment on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an
invoice from Apartment.
3. Except as provided in Article IV(d) of this Agreement, Program payments shall
only be paid to Apartment while a tenant is residing in a Rental Unit during the term of the
Agreement, and City shall not pay a Program payment to Apartment for any month after the
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Re ser�1y �IUJ
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month when the tenant moves out.
(b) Unless Apartment has complied with all provisions of the Agreement, Apartment does
not have a right to receive Program payments under the Agreement.
(c) The Program payments shall be credited against the monthly Rent to Apartment
for the Rental Unit.
(d) Limit of CITY responsibility.
1. City is only responsible for Program payments to Apartment in accordance with
the Agreement and requirements for a tenancy under the Program.
2. City shall not pay any portion of Rent to Apartment in excess of the Program
payment.City shall not pay any other claim by Apartment against the tenant.
3. City shall be liable to Apartment for damages by tenant in an amount up to but no
more than $300.00, which Apartment shall accept as liquidated damages from
City. Apartment may pursue its remedies against tenant for any damage done by
tenant for any amounts in excess of$300.00.
(e) If City determines that it has paid Apartment more than required under this Agreement,
City, in addition to other remedies, may deduct the amount of the overpayment from any future
amounts due Apartment.
(f) Apartment Certification
During the term of this Agreement,Apartment certifies that:
1. Apartment is maintaining the Rental Units and Premises in accordance with the
MAS.
2. Rental Units are leased to the tenants under a Lease Contract in the form attached
hereto, and said Lease Contract is in accordance with the Agreement and
Program requirements. Apartment has provided a copy of each executed Lease
Contract to City, including any revisions of the Lease Contract.
3. Except for Rent to Apartment, Apartment has not received and will not receive
any payments or other consideration (from the tenant, City, HUD, or any other
public or private source)for lease of any Rental Unit during the Agreement term,
or if Apartment does receive any such payments or other consideration,
Apartment shall promptly inform City of such receipts.
4. The tenant does not own or have any interest in the Rental Unit.
5. Apartment(including a principal or other interested party)is not the parent,child,
grandparent, grandchild, sister, or brother of any member of the tenant's family,
unless City has determined(and has notified Apartment and the tenant's family of
such determination) that approving lease of the Rental Unit, notwithstanding
such relationship,would provide reasonable accommodation for a tenant's family
member who is a person with disabilities.
ARTICLE VII
PROHIBITION OF DISCRIMINATION
(a) In accordance with applicable equal opportunity statutes, Executive Orders, and
regulations, Apartment shall not discriminate against any person because of race, color, religion,
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 Revised 9/15/05
sex, national origin, familial status, disability, or sexual orientation in connection with the
Agreement.
(b) Apartment must cooperate with City, and its agents, in conducting equal opportunity
compliance reviews and complaint investigations in connection with the Agreement.
ARTICLE VIII
APARTMENT'S BREACH OF AGREEMENT
(a) Any of the following actions by Apartment, including a principal, owner, agent, or other
interested party, is a breach of the Agreement by Apartment:
1. If Apartment has violated any obligation under the Agreement, including
Apartment's obligation to maintain all Rental Units in accordance with the MAS;
or
2. If Apartment has committed fraud, bribery or any other corrupt or criminal act in
connection with any Federal Program program; or
3. For projects with mortgages insured by HUD or loans made by HUD, if
Apartment has failed to comply with the regulations for the applicable mortgage
insurance or loan program, with the mortgage or mortgage note, or with the
Regulatory Agreement; or if Apartment has committed fraud, bribery or any
other corrupt or criminal act in connection with the mortgage or loan; or
4. If Apartment has engaged in any drug-related criminal activity or any violent
criminal activity.
(b) If City determines that a breach has occurred, City may exercise any of its rights and
remedies under the Agreement, or any other available rights and remedies for such breach. City
shall notify Apartment of such determination, including a brief statement of the reasons for the
determination. The notice by City to Apartment may require Apartment to take corrective action,
as verified or determined by City, by a deadline prescribed in the notice. If a defect is life
threatening, Apartment must correct the defect within no more than 24 hours. For other breaches
or defects,Apartment must correct the breach or defect within the period specified by City,which
period shall be reasonable under all of the circumstances.
(c) If Apartment fails to cure any breach by the deadline prescribed in the notice to
Apartment, City's rights and remedies for Apartment's breach of the Agreement include recovery
of overpayments, suspension of Program payments, abatement or other reduction of Program
payments,termination of Program payments,and termination of the Agreement.
(d) City may seek and obtain additional relief by judicial order or action, including specific
performance, other injunctive relief or order for damages.
(e) Regardless whether tenants continue to live in any Rental Unit, City may exercise any
rights and remedies for Apartment breach of the Agreement.
(f) City's exercise or non-exercise of any right or remedy for Apartment breach of the
Agreement is not a waiver of the right to exercise that or any other right or remedy at any time.
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05
ARTICLE IX
CITY ACCESS TO PREMISES
AND APARTMENT'S RECORDS
(a) Apartment must provide any information pertinent to the Agreement that City may
reasonably require.
(b) City, and its agents shall have full and free access to all Rental Units and the Premises,
and to all accounts and other records of Apartment that are relevant to the Agreement, including
the right to examine or audit the records and to make copies.
(c) Apartment must grant such access to computerized or other electronic records, and to any
computers, equipment or facilities containing such records, and must provide any information or
assistance needed to access the records.
(d) Apartment shall retain all records pertaining to this Agreement and the Lease Contract for
four(4)years following the termination of this Agreement. Apartment may destroy said records
at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain
between City and FEMA regarding the Program payments.
ARTICLE X
EXCLUSION OF THIRD PARTY RIGHTS
(a) A tenant is not a party to or third party beneficiary of this Agreement. The tenant may not
enforce any provision of this Agreement, and may not exercise any right or remedy against
Apartment or City under this Agreement.
(b) City may enforce the Lease Contract against Apartment, and may exercise any right or
remedy against Apartment under the Lease Contract. Apartment and the tenant may enforce the
terms of the Lease Contract against each other according to its terms.
(c) City does not assume any responsibility for injury to, or any liability to, any person
injured as a result of Apartment's action or failure to act in connection with management of any
Rental Unit or the Premises or with implementation of the Agreement, or as a result of any other
action or failure to act by Apartment.
(d) Apartment is not the agent of City, and the Agreement does not create or affect any
relationship between City and any lender to Apartment or any suppliers, employees, contractors
or subcontractors used by Apartment in connection with management of the Rental Units or the
Premises or with implementation of the Agreement.
ARTICLE XI
PROHIBITION AGAINST INTEREST
(a) No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Apartment is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or
indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the
provisions to be performed hereunder.
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HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7
(b) No member, officer, or employee of Apartment shall have a financial interest, direct or
indirect, in this Agreement or the Rent or Program payments transferred hereunder or be
financially interested, directly or indirectly, in the sale to Apartment of any land, materials,
supplies or services purchased with any Rent or Program payments transferred hereunder, except
on behalf of Apartment, as an officer, employee, or member. Any willful violation of this
paragraph with the expressed or implied knowledge of Apartment shall render this Agreement
voidable by City.
ARTICLE XII
ASSIGNMENT OF AGREEMENT
(a) Apartment may not assign the Agreement without the prior written consent of City.
(b) City may assign this Agreement to FEMA or HUD or any other state or federal agency
without consent of Apartment.
ARTICLE XIII
WRITTEN NOTICES
All notices required or permitted by this Agreement must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit in a
United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,
return receipt requested); and (iii) addressed to the other Party at the address set out in the
preamble of this Agreement or at such other address as the receiving Party designates by proper
notice to the sending Party.
ARTICLE XIV
ENTIRE AGREEMENT; INTERPRETATION
The Agreement contains the entire agreement between Apartment and City.
ARTICLE XV
MISCELLANEOUS PROVISIONS
(a) Apartment shall provide all reasonably necessary documentation requested by City to
obtain reimbursement from FEMA or any other interim shelter program within 30 days'of receipt
of City's request.
(b) Apartment waives all security deposits, applications fees, employment and credit checks
for tenants under this Agreement; however, Apartment may require a tenant to provide
information regarding tenant's criminal background history if Apartment customarily performs
such checks.
(c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter
program change during the term of this Agreement, Apartment and City shall amend this
Agreement to conform with such changes. Apartment may terminate this Agreement at no cost to
City if it does not consent to the amendment.
(d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal
or state agency, board or commission having jurisdiction over the subject matter thereof such
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invalidity shall not affect other provisions which can be given effect without the invalid
provision.
(e) City's failure to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely upon any such term or right on any future occasion.
(f) Should any action,whether real or asserted, at law or in equity,arise out of the execution,
performance,attempted performance or nonperformance of this Agreement,venue for action shall
lie in Tarrant County,Texas.
(g) This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Agreement for all purposes, constitute the entire agreement
between the parties concerning the work and services to be performed hereunder,and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall
be void. Any amendments to the terms of this Agreement must be in writing and must be
approved by each Party.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its
undersigned duly authorized representative in multiple copies, on the date or dates indicated
below.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05
ATTEST: CITY OFF T OR, H
I L/V-k BY:
Marty Hendrbc, City Secretary Joe Pania a A si nt City Manager
Date: tL dS d5
APPROVED AS TO FORM AND
LE ALITY:
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__ssistant City Attofney
E
M&C REQUIRED APARTMENT
PACIFIC TREE, INC. dba
CINNAMON TREE APARTMENTS
By:
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Name: Mindj NbXen
Title: Pro^pILYe �Su ervisor
Date:
OFFICW111 END
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10
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EXHIBIT "A"
RENTAL UNITS
The Rental Units shall include the following units, subject to change in accordance with
the provisions of this Agreement:
One Bedroom Rental Units (insert addresses below):
6100 Westcreek Drive#111, Fort Worth, Texas 76133
6100 Westcreek Drive#220, Fort Worth, Texas 76133
6100 Westcreek Drive#222, Fort Worth, Texas 76133
6100 Westcreek Drive#442, Fort Worth, Texas 76133
6100 Westcreek Drive#448, Fort Worth, Texas 76133
6100 Westcreek Drive#455, Fort Worth, Texas 76133
Two Bedroom Rental Units(insert addresses below):
6100 Westcreek Drive#665, Fort Worth, Texas 76133
6100 Westcreek Drive#668, Fort Worth, Texas 76133
6100 Westcreek Drive#778, Fort Worth, Texas 76133
6100 Westcreek Drive#779, Fort Worth, Texas 76133
6100 Westcreek Drive#780, Fort Worth, Texas 76133
6100 Westcreek Drive#884, Fort Worth, Texas 76133
6100 Westcreek Drive#887, Fort Worth, Texas 76133
6100 Westcreek Drive#990, Fort Worth, Texas 76133
6100 Westcreek Drive#992, Fort Worth, Texas 76133
6100 Westcreek Drive#999, Fort Worth, Texas 76133
6100 Westcreek Drive#1001, Fort Worth, Texas 76133
6100 Westcreek Drive#1002, Fort Worth, Texas 76133
Based on the consideration given to Apartment by City in the form of Rent for all above-
listed Rental Units, Apartment shall provide to City an additional space and shall not
assess rent to City for the additional space. This space shall be used for the purposes of
City's Interim Shelter Coordinator or site coordinator for meetings with tenants and
providing other services to tenants.
Description of additional space:
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EXHIBIT "B"
RENT
During the Agreement term,the rent to Apartment may at no time exceed the Fair Market Rent as
set forth by HUD and as amended from time to time. The Fair Market Rent is,as of the execution
of this Agreement, as follows:
(1) $558.00 for a zero bedroom apartment;
(2) $597.00 for a one bedroom apartment,
(2) $732.00 for a two bedroom apartment,or
(3) $995.00 for a three bedroom apartment.
The rental schedule above is for an unfurnished apartment.
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EXHIBIT "C"
UTILITIES AND APPLIANCES
Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall
provide or pay for the utilities and appliances indicated below by a"C." Tenant shall provide or pay for the
utilities and appliances indicated below by a"T." Unless otherwise specified below, Apartment shall pay
for all utilities and appliances provided by Apartment.
Item Specify fuel type Provided by Paid by
Heating ❑ Natural gas ❑ Bottle gas X Electric A C
Cooking ❑ Natural gas ❑ Bottle gas X Electric A C
Water Heating ❑ Natural gas ❑ Bottle gas X Electric A A
Other Electric C C
Water A A
Sewer A A
Trash Collection A A
Air Conditioning A C
Refrigerator A A
Range/Microwave A A
Other(specify)
EXHIBIT "D"
LEASE CONTRACT
[SAMPLE LEASE USED BY APARTMENT WITH
TENANTS SHALL BE ATTACHED]
STANDARD TAA LEASE
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EXHIBIT "E"
TENANCY ADDENDUM
1. KATRINA Interim Shelter Program Contract or transfer the unit.
a. Apartment is leasing the unit("Rental Unit)
as described in the lease to which this 4. Rent to Apartment
addendum is attached ("Lease Contract") to a. The initial rent to Apartment may not
the tenant for occupancy by the tenant's exceed the amount approved by City in
family with funding for a tenancy under the accordance with Program requirements.
Katrina interim shelter program("Program") b. Changes in the rent for any Rental Unit shall
of the City of Fort Worth,Texas("City"). be determined by the provisions of the Lease
b. Apartment has entered into an Interim Contract. However, Apartment may not
Shelter Agreement("Agreement") with City raise the rent during the initial term or any
for the Program.Under the Agreement,City renewal term of the Lease Contract.
will make Program payments to Apartment
to assist the tenant in leasing the Rental Unit 5. Tenant Payment to Apartment
from Apartment. a. Each month, City will make a Program
payment to Apartment on behalf of tenant in
2. Lease accordance with the Agreement. The
a. Apartment will give City a copy of the monthly Program payment shall be applied
executed Lease Contract, including any to the monthly rent to Apartment for the
revisions agreed by Apartment and the Rental Unit.
tenant. Apartment certifies that the terms of c. The tenant is not responsible for paying the
the Lease Contract are in accordance with portion of rent to Apartment covered by City
all provisions of the Agreement and that the Program payment under the Agreement
Lease Contract includes this tenancy between Apartment and City, An uncured
addendum. failure by City to pay the Program payment
b. The tenant and Apartment shall have the to Apartment is ground for Apartment to
right to enforce this Tenancy Addendum terminate the tenancy for nonpayment of
against the other party. If there is any City Program payment, however, tenant
conflict between the Tenancy Addendum shall not be obligated for any rent
and any other provisions of the Lease deficiency.
Contract, the language of the Tenancy d. Apartment may not charge or accept, from
Addendum shall control. the tenant or from any other source, any
payment for rent of the Rental Unit in
3. Use of Rental Unit addition to the rent amount set forth in the
a. During the Lease Contract term, the tenant Lease Contract. Rent to Apartment includes
will reside in the Rental Unit with Program all housing services, maintenance, utilities
payments from City. and appliances to be provided and paid by
b. The composition of the tenant's household Apartment in accordance with the Lease
must be approved by City. The tenant must Contract.
promptly inform City of the birth, adoption
or court-awarded custody of a child by
tenant or any person residing in tenant's 6. Other Fees and Charges
Rental Unit. Other persons may not be a. Rent to Apartment does not include cost of
added to the household without prior written any meals or supportive services or furniture
approval of Apartment and City. which may be provided by Apartment.
c. The Rental Unit may only be used for b. Apartment may not require the tenant or
residence by the tenant's family. The unit tenant's family members to pay charges for
must be the family of tenant's only any meals or supportive services or furniture
residence. Members of the household may (if any), which are to be provided by
engage in legal profitmaking activities to the Apartment pursuant to the Lease Contract.
extent permitted in the Lease Contract. Nonpayment of any such charges is not
d. The tenant may not sublease or let the unit. grounds for termination of tenancy.
e. The tenant may not assign the Lease c. Apartment may not charge the tenant extra
amounts for items customarily included in paragraph d).
rent to Apartment in the locality,or provided c. Criminal activity or alcohol abuse.
at no additional cost to unsubsidized tenants (1) Apartment may terminate the tenancy
in the premises. during the term of the Lease Contract
if any member of the tenant's
7. Maintenance, Utilities, and Other household, a guest or another person
Services under a tenant's or resident's control
a. Maintenance commits any of the following types of
(1) Apartment must maintain the unit and criminal activity:
premises in accordance with the MAS (a) Any criminal activity that
(as defined in the Agreement). threatens the health or safety
(2) Maintenance and replacement of, or the right to peaceful
(including redecoration) must be in enjoyment of the premises by,
accordance with the standard practice other residents (including
for the building concerned as property management staff
established by Apartment. residing on the premises);
b. Utilities and appliances (b) Any criminal activity that
(1) Apartment must provide all utilities threatens the health or safety
needed to comply with the MAS. of, or the right to peaceful
(2) Apartment is not responsible for a enjoyment of their residences
breach of the MAS caused by the by, persons residing in the
failure to: immediate vicinity of the
(a) Pay for any utilities that are to premises;
be paid by City. (c) Any violent criminal activity
(b) Provide and maintain any on or near the premises;or
appliances that are to be (d) Any drug-related criminal
provided by or on behalf of the activity on or near the
tenant. premises.
(3) Tenant damage. Apartment is not (2) Apartment may terminate the tenancy
responsible for a breach of the MAS during the term of the Lease Contract
because of damages beyond normal if any member of the household is:
wear and tear caused by any member (a) Fleeing to avoid prosecution,
of the household or by a guest. or custody or confinement
(4) Housing services. Apartment must after conviction,for a crime,or
provide all housing services as agreed attempt to commit a crime,that
to in the Lease Contract. is a felony under the laws of
the place from which the
8. Termination of Tenancy by Apartment individual flees;or
a. Requirements. Apartment may only (b) Violating a condition of
terminate the tenancy in accordance with the probation or parole under
Lease Contract and FEMA or HUD Federal or State law.
requirements. (3) Apartment may terminate the tenancy
b. Grounds. During the term of the Lease for criminal activity by a household
Contract (the initial term of the Lease member of tenant's Rental Unit in
Contract or any extension term), Apartment accordance with this section if
may only terminate the tenancy because of: Apartment determines that the
(1) Serious or repeated violation of the household member has committed the
Lease Contract; criminal activity, regardless of
(2) Violation of Federal, State, or local whether the household member has
law that imposes obligations on the been arrested or convicted for such
tenant in connection with the activity.
occupancy or use of the unit and the (4) Apartment may terminate the tenancy
premises; during the term of the Lease Contract
(3) Criminal activity or alcohol abuse(as if any member of the household has
provided in paragraph c);or engaged in abuse of alcohol that
(4) Other good cause (as provided in threatens the health, safety or right to
peaceful enjoyment of the premises Apartment may NOT collect a security deposit
by other residents. from the tenant.
d. Other good cause for termination of
tenancy. After the initial Lease Contract 13. Prohibition of Discrimination
term,such good cause includes: In accordance with applicable equal opportunity
(a) The tenant's failure to accept statutes, Executive Orders, and regulations,
Apartment's offer of a new Apartment must not discriminate against any
Lease Contract or revision; person because of race, color, religion, sex,
(b) Apartment's desire to use the national origin, familial status or disability in
unit for personal or family use connection with the Lease Contract.
or for a purpose other than use
as a residential rental unit;or 14. Conflict with Other Provisions of Lease
(c) A business or economic reason Contract
for termination of the tenancy a. The terms of the Tenancy Addendum are
(such as sale of the property, prescribed by City as a condition for
renovation of the unit, assistance to the tenant and tenant's family
Apartment's desire to rent the under the Program.
unit for a higher rent). b. In case of any conflict between the
e. Eviction by court action. Apartment may provisions of the Tenancy Addendum as
only evict the tenant by a court action. required by City,and any other provisions of
E Apartment notice of grounds the Lease Contract or any other agreement
(1) At or before the beginning of a court between Apartment and the tenant, the
action to evict the tenant, Apartment requirements of this Tenancy Addendum
must give the tenant a notice that shall control.
specifies the grounds for termination c. In case of any conflict between the
of tenancy. The notice may be provisions of the Agreement and the
included in or combined with any Tenancy Addendum or Lease Contract, the
Apartment eviction notice. Agreement shall control.
(2) Apartment must give City a copy of
any Apartment eviction notice at the 15. Changes in Lease Contract or Rent
same time Apartment notifies the a. The tenant and Apartment may not make
tenant. any change in the Tenancy Addendum.
(3) Eviction notice means a notice to However, if the tenant and Apartment agree
vacate, or a complaint or other initial to any other changes in the Lease Contract,
pleading used to begin an eviction such changes must be in writing, and
action under State or local law. Apartment must immediately give City a
copy of such changes. The Lease Contract,
9. Lease: Relation to Agreement including any changes, must be in
If the Agreement terminates for any reason, the accordance with the requirements of the
Lease Contract terminates automatically. Tenancy Addendum.
b. In the following cases, tenant-based
10. City Termination of Assistance assistance shall not be continued unless City
City may terminate Program assistance for the has approved a new tenancy in accordance
tenant for any grounds authorized in accordance with Program requirements:
with the Agreement requirements. If City (1) If there are any changes in Lease
terminates Program assistance for the tenant Contract requirements governing
and/or tenant's family, the Lease Contract tenant or Apartment responsibilities
terminates automatically. for utilities or appliances; or
(2) If there are any changes in Lease
11. Tenant Move Out Contract provisions governing the
The tenant must notify City and Apartment term of the Lease Contract.
before the occupants move out of the Rental c. City approval of the tenancy, and execution
Unit. of a new Agreement, are not required for
agreed changes in the Lease Contract other
12. Security Deposit than as specified in paragraph b.
d. Apartment must notify City of any changes redetermined by City in accordance with
in the amount of the rent to Apartment at HUD requirements.
least 35 days before any such changes go
into effect, and the amount of the rent to 16. Notices
Apartment following any such agreed Any notice under the Lease Contract by the
change may not exceed the reasonable rent tenant to Apartment or by Apartment to the
for the unit as most recently determined or tenant must be in writing.
TENANT(S)
APARTMENT