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Contract 53223-A3
CSC No.53223-A3 AMENDMENT NO. 3 TO CITY OF FORT WORTH CONTRACT NO. 53223 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and B.V.P. INVESTMENTS INC. ("Landlord"), acting by Bhrat V.Patel, its duly authorized representative, each party shall be individual referred to herein as Party and collectively as 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. 53223 (the "Agreement"); WHEREAS, the Agreement's initial term was from November 1, 2019 to September 30, 2020 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the Parties renewed the agreement for an its first renewal term beginning May 1, 2020 and ending April 30, 2021 (CSC No. 53223-RIA1), and second renewal term beginning April 1, 2021 and ending March 30, 2022 (CSC No. 53223-R2A2); and WHEREAS, the Parties acknowledge that CSC No. 53223-R2A2 incorrectly states the second renewal term date, the correct beginning date is May 1, 2021 and the correct expiration date is April 30, 2022, and the Parties agree to amend the agreement to correct such dates. NOW THEREFORE City and Landlord do hereby agree as follows: I AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Payable by City The City has been notified that the Tenant's Total Rent during the Initial Term is$825.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the First Renewal Term is $825.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Second Renewal Term, May 1, 2021 and expiring April 30, 2022 ("Second Renewal Term") is $840.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $98.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for$160.00 of OFFICIAL RECORD CSC No.53223 Amendment CITY SECRETARY FT. WORTH, TX rent per month for the Unit. The Tenant during the Second Renewal Term shall be responsible for$179.00 of rent per month for the Unit. During the Initial Term City shall pay $727.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During the First Renewal Term City shall pay $665.00 towards the Tenant's Total Rent for the Unit. During Tenant's Second Renewal Term, and until either this Agreement expires or Landlord is notified by City otherwise, the City Portion shall be $661.00. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. II. ALL OTHER TERMS SHALL REMAIN THE SAME 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. III. ELECTRONIC SIGNATURE This Amendment and may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image,such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] CSC No.53223 Amendment 3 Page 2 of 3 ACCEPTED AND AGREED: FOR CITY OF FORT WORTH: FOR LA,/NDLORD: ,/ ��cV cVir� BVP Investments Inc(Apr 15,202215:25 CDT) Name: Fernando Costa Name: B.V.P. Investments Inc. Title: Assistant City Manager Title: Landlord Date: Apr 18,2022 Date: Apr 15,2022 APPROVAL RECOMMENDED Name: Victor Turner Title: Director APPROVED AS TO FORM AND ATTEST: LEGALITY pOFORT��a Jannette S.Goodall(Apr 18,2022 11:24 CDT) ��o° °000 Name: Jessika Williams Name: Jannette Goodall 01-o °04 o d Title: Assistant City Attorney Title: City Secretary pv o o=d O o �d °o 00 o° o 00000 Date: Apr 18,2022 Contract Compliance Manager: M&C No.: 21-0522 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. Tamara Jo es(Apr 14,2022 13:39 CDT) Name: Tamara Jones Title: Sr. Human Services Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No.53223 Amendment 3 Page 3 of 3 TEXAS AssOCIAT1 N of RED nops� RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS65 IS NOT AUTHORIZED. VTexas Association of REALTORS8,Inc.2010 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: BVP Investments Inc. and Tenant(s): Hector Gonzalo 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX. 76104 legally described as: in Tarrant County, Texas, together with the following non-real-property items: Refrigerator and Range. (If Applicable) The real property and the non-real-property are collectively called the "Property„ 3. TERM: A. Primary Terris: The primary term of this lease begins and ends as follows: Commencement Date: May 1st, 2021 Expiration ©ate: April 30th, 2022 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Cate because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make-ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) Q (1)30 days before the Expiration Date. Id (2) 60 days before the Expiration Gate. B. If this lease automatically renews on a month-to month basis, it will continue to renew on a month-to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even it Tenant surrenders the Property before the termination date. J (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. (TAB-2001) 1-1-10 Tenants o 6 , &Landlord or Landlord's Representative: Page 1 of 14 Residential Lease concerning: 1115 S. Jenning's Ave, Apt 11, Fort Mrth, TX. 76104 C. Oral notice of termination is not. sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 413(1)will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of$ 840-00 for each full month during this lease. The first full month's rent is due and payable not later than May 1 st, 2021 Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: (1) the first day of each month during this lease. 0 (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $ as prorated rent from the Commencement Date through the last day of the month in which this lease begins. C, Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: B.V.P. Investments Inc. Address: 221 W. Lancaster Ave. #10013 Fort Worth, TX. 76102 Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by check, cashier's check, money order, or other means acceptable to Landlord. (4) Landlord &-drequires Ll does not require Tenant(s) to pay monthly rents by one payment- (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by 11:59 p.m. on the 3 rd day (insert a number of I or more) after the date on which it is due according to Paragraph 5A, Tenant will pay Landlord for each late payment. (1) an initial late charge equal to (check one box only): 211' (a) $ -)o Go ; or Ll (b) % of one month's rent; and (2) additional late charges of$ 20-0Q per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days. {TAR-2001) 1-1-10 Tenants: -,-, , &Landlord or Landlord's Representative: P age 2 of 14 Residential Lease concerning: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX 76104 B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $-Z5.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Regardless of any notation.on apayment, Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including but not limited to, late charges, returned payment charges, rep airs,,.brokers g e fees, period ic utilities,_pet charges, and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit. even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of$AM and$._100.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of$ 825(paid) "Security deposit" has the meaning assigned to that term in §92.102, Property Code. B, Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord's representative, C. Refund: Tenant must give Landlord at least thirty (30) days written notice of surrender before Landlord is-obligated,to refund or account for the security deposit, Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (TAR-2001) 1-1-10 Tenants,*G_%_,--&Landlord or Landlord's Representative:5? ,- Page 8 of 14 Residential Lease concerning:_. 1115 S. Jenning's Ave, Apt 11, Fort Worth, TX. 76104(2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left-hand corner of this form, is http://www.statutes.le-qis.state.tx.us/. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property, (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; missing or burned-out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m)costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; and (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: Electric, Gas, Water, and Trash. Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity;water'.wastewater, and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUP Y o, (TAR-2001) 1-1-10 Tenants: &Landlord or Landlord's Representative: Page 4 of 14 Residential Lease concerning: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX, 76104 A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all occupants): Hector Gonzalo B. Phone Numbers andE-mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change, C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above-ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 1 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all-terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14.ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make (TAR-2001) 1-1-10 Tenants,]H #(9, &Landlord or Landlord's Representative., Page 5 of 14 Residential Lease concerning: , 1115 S.Jenning's Ave. Apt 11, Fort Worth, TX. 76104 emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of$—L5.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS@ nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's properly manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of$ 995 -as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents have notified Tenant of their intent to access the Property to show it to prospects and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of$75.00 . (4) Landlord, the property manager, and, Landlord's broker are not responsible to Tenant, Tenant's guests, fami!L or occupants for any darngges, injuries, or losses arising from use of the keybox unless caused bv Landlord, the property manager, or Landlord's broker. 15.MOVE-IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS-IS provided that Landlord: B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within- 7 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease, The Inventory and Condition Form is not a request for repairs, Tenant must direct all requests for repairs in compliance with Paragraph 18. 16. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear' means deterioration that occurs without negligence, carelessness, accident, or abuse. (TAR-2001) 1-1-10 Tenants & Landlord or Landlord's Representative: Page 6 of 14 Residential Lease concerning: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX 76104 (2) "Surrendet' occurs when all occupants have vacated the Property, in Landlord's reaso nable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move-Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b)-(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 17. PROPERTY MAINTENANCE: A. Teriant's.,General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles-, (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke detectors, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times-, and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance. (1) "Yard"means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association, (TAR-2001) 1-1-10 Tenants:_"I s ,--&Landlord or Landlord's Representative: 660-_ Page 7 of 14 Residential Lease concerning: 1115 S.'Jenning's Ave. Apt 11, Fort Worth, TX 76104 (2) "Maintain the yard"means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard-, (b) controlling pests in the yard, and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: . . Other than watering, the yard will be maintained as follows: QI` (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. 13 (b) Tenant, at Tenant's expense, will maintain the yard, C1 (c) Tenant will maintain in effect a scheduled yard maintenance contract with: L1 a contractor who regularly provides such service; Ll C. Pool/Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool/Spa Maintenance Addendum. D� Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors., locks, alarm systems, cables, satellite dishes, or other fixtures., such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property-, (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property-, (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any:fixture, appliance, or non-real-property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property, E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. 18. REPAIRS: (Notice. Subchapter B, Chapter 92, Property Code governs repair obligations), A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call:817-900-3363 (text-only). Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of (TAR-2001) 1-1-10 Tenants: &Landlord or Landlord's Representative: Page 8 of 14 Residential Lease concerning: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX 76104 any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion. (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. C. Payment of Repair Costs: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay, the first $ 75.00 —of the cost to repair each condition in need of repair, and Landlord will pay the remainder, except for the following conditions which will be paid as follows. (1) Repairs that Landlord will Pay Entirely- Landlord will pay the entire cost to repair: (a) a condition caused by the Landlord or the negligence of the Landlord; (b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment; (c) a condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant; and (d) a condition in the following items which is not caused by Tenant or Tenant's negligence: (1) heating and air conditioning systems; 2) water heaters; or (3) water penetration from structural defects. (2) Repairs that Tenant will Pay Entirely: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay the entire cost to repair: (a) a condition caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage for which Tenant may be responsible); (b) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the Property; (c) damage to doors, windows, or screens; and (d) damage from windows or doors left open. (3) Appliances or Items that will not be Repaired: Landlord does not warrant and will not repair or replace the following: Stove and Refrigerator D. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. E. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. F. NOTICE: If Landlord falls to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to§92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to repair a condition unless there are circumstances which establish 0a," different period of time is appropriate (such as the severity and nature of (TAR-2001) 1-1-10 Tenants P -,-,—& Landlord or Landlord's Representative:fe—— Page 9 of 14 Residentiai Lease concerning: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX 76104 the condition and the availability of materials, labor, and utilities). Failure to strictly followthe procedures in the applicable sections may cause Tenant to be in default of the lease. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B. All notices or requests by Tenant for rekeving, changing,.installing repairing, or,.replacing security devices must be in writing. Installation of additional security devices or. additional rekeying or replacement of securi1y, devices.desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landlord, 20.SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Regu ,sts for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under§92.2611, Property Code. 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property damage or cost of repairs or service to the Property caused by Tenant, Tenant's guests, any occupants orb pets. 22. HOLDOVER.- If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord, will have a lien for unpaid rent against all of Tenant's nonexempt personal property that is in theProperty and may seize such nonexempt property if Tenant fails to pay rent. Subchapter C, Chapter 54, PropeLty code governs the rights and obligations of the parties recarding Landlord's lien. Landlord may collect a charge for packing, removing, or storing property seized in addition to any other amounts Landlord is entitled to receive. Landlord may sell or dispose of any seized property in accordance with the provisions of §54.045, Property Code. 24.SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property, 25.CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26.SPECIAL PROVISIONS: (Do not insert a lease-option or lease-purchase clause without the assistance of legal counsel. Speci / b ations and liabilities under statute apply to such transactions.) (TAR-2001) 1-1-10 Tenantsf4o, P t. _&Landlord or Landlord's Representative:0 1- Page 10 of 14 Residential Lease concerning: 1115 S. Jenninq's Ave. Apt 11 Fort Worth TX. 76104 A)Smoke detectors(and or carbonmonoxide detectors, if applicable)are to be kept in working condition. B)Upon move-out,tenant is required to return all keys to B.V.P.Investments in order to surrender apartment. C)Repair requests made by contacting"bvprent@gmail.com"or text-only number to"817-900-3363". D)Only one vehicle per tenant.(An additional vehicle will cost$25.00 per month.) E)No type of automobile or vehicle maintenance/repairs to be done on property. F)Tenant must obtain renters insurnace at renter's expense. G)The apartment unit shall be used for residential purposes only.Any sort of business/workshop conducted within the apartment or on the property is not acceptable. H)No satellite dish to be installed on the property. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 27B(1) may be by any means permitted by §24.005, Property Code, D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 23. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. Section 92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant organ occupant from family (TAR-2001) 1-1-10 Tenants:y' f,p &Landlord or Landlord's Representative:Y Page 11 of 14 Residential Lease concerning: 1115 S. Jennings Ave. Apt 11, Fort Worth, TX 76104 violence committed by a cotenant or occupant of the Property. Section 92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co-occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situation involving sexual assault of sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review§92.0161, Property Code. B. Assignment, Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 28B, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: El (i) $_, Q (ii) 100 %of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: LI (i) $ 100 %of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non-prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31.ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. V� Addendum Regarding Lead-Based Paint J Agreement Between Brokers Q Inventory & Condition Form Ll Landlord's Rules & Regulations LJ Landlord's Additional Parking Rules J Owners' Association Rules LJ Pet Agreement LJ Pool/Spa Maintenance Addendum • Protecting Your Home from Mold F1 Residential Lease Application • Agreement for A pis on Deposit& Hold LJ Residential Lease Guarant (TAR-2001) 1-1-10 Tenants & Landlord or Landlord's Representative:6 _._ Page 12 of 14 Residential Lease concerning: 1115 S. Jenning's Ave.Apt 11, Fort Worth, TX. 76104 0 F1 32. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and a copy to: Landlord c/o: Hector Gonzalo BVP Investments Inc. 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX 76104 221 W. Lancaster Ave. #100 13 Fort Worth TX.76102 E-mail: E-mail: ..bvprentp_q mail.com -go"- 817-900-3363 (Text-Only) 31 AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORSO or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquires about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if. (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. (TAR-2001) 1-1-10 Tenants:kLc_,r &Landlord or Landlord's Representative, 4 I-- 9_ Page 13 of 1 - Residential Lease concerning: 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX 76104 D Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Phone: Address: E-mail: G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www,txdps.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant Ll intends Ll does not intend to purchase such insurance. I. Landlord's broker, LJ will ❑ will not act as the property manager for landlord, J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. 41101I Z — Landlord B.V.P. Investments Inc. Date f e n"a m H/ect6r G/o/zalo Date Landlord Date Tenant Date Or signed for Landlord underwritten property management agreement or power of attorney: Tenant Date By: Date Tenant Date Printed Name: Firm Name: (TAR-2001) 1-1-10 Page 14 of 14 I** TEXAS ASSOCIATION OF REALTORS® ADDENDUM REGARDING LEAD-BASED PAINT For use in the lease of residential property built before 1978. ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 1115 S. Jenning's Ave. Apt 11, Fort Worth, TX. 76104 A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors (landlords) must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees (tenants) must also receive a federally approved pamphlet on lead poisoning prevention. B. DISCLOSURE: (1) Presence of lead-based paint and/or lead-based paint hazards. (Check(a) or(b)). Lj (a) Landlord knows of the following lead-based paint and/or lead-based paint hazards in the Property: (b) Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the Property. (2) Records and reports available to Landlord. (Check(a)or(b)). d (a) Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the Property which are listed here: (b) Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property. C. TENANT'S ACKNOWLEDGEMENT: (1) Tenant has received copies of all information listed in Paragraph B. (2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home. D. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT: (1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA-approved pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead-based paint and/or lead-based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead-based paint and/or lead-based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years. (2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and are aware of his/her responsibility to ensure compliance. E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of their knowledge,that t e information they have provided is true and correct. Landlord B.V.P. Investments Inc. Date Tenant ecto on to Date Landlord Date Tenant Date Listing Broker/Agent or Property Manager Date Tenant Date Other Broker/Agent Date Tenant Date (TAR-2008) 10-14-03 Page 1 of 1 Highland Lakes Real Estate 20632 Highland Lake Dr.Lago Vista,TX 78645 Phone:512.589.7635 Fax: 512.267.9208 Clive Rutherford Untitled Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zipLogix.com Tenant and Landlord Inspection Form PROPERTY ADDRESS 1115 S.Jenning's Ave.Apt 11,Fort Worth,TX. ZII — DATE Print-Tenant's Name Performing the Inspection Hector Gonzalo Print-Landlord's Name Performing the Inspection BVP Investments Inc. Please list the names of all persons occupying the dwelling unit(other than overnight guests). Hector Gonzalo The City of Fort Worth Code of Ordinances requires a"Tenant and Landlord Inspection"of each dwelling in a multifamily dwelling complex.The inspection must be performed together by the tenant and landlord: 1)a minimum of once a year;or 2)when the occupancy of the dwelling changes.THE TENANT MUST ANSWER THE FOLLOWING QUESTIONS BY CIRCLING EITHER YES OR NO. YES—NO Has the Landlord installed a smoke alarm in this residence? YES—NO Did you check to make sure the smoke alarm works? YES—NO Do you know the Tenant must replace smoke alarm batteries? YES—NO Do you know a portable barbecue or cooking appliance cannot be used on a balcony,walkway,landing or within 10 feet of a building? YES—NO Do all electrical outlets,switches or lighting fixtures operate properly? YES—NO Have you seen exposed electrical wiring inside or outside the residence? YES—NO Have you noticed sewage leaking from inside or outside of the residence? YES—NO Have you noticed water leaking from inside or outside of the residence? YES—NO Are any of the drains clogged? YES—NO Have you noticed the odor of gas inside or outside of the residence? YES—NO Is there any sort of infestation? YES—NO If"YES"to question above,has the dwelling been exterminated within the last 30 days? YES—NO Is there broken glass in the window or door frames? YES—NO Do the windows and doors lock properly? YES—NO Is there a door viewer(peephole)installed in each exterior door? YES—NO Is there a keyless bolting device on exterior doors that doesn't require special knowledge or tools to open? YES—NO If a sliding door is present,is it equipped with a pin lock? YES—NO Is the building marked with contrasting property address numbers? YES—NO Is the dwelling unit number marked at the entrance to the unit? YES—NO Has the Landlord advised the tenant the appropriate way to report problems to the Landlord? YES—NO In case of an emergency,does the tenant have an evacuation plan?Where is your meeting place? Parking lot YES—NO Has the Landlord provided the tenant with a copy of the Fort Worth Rental Handbook?Electronic copy is provided at www.swbts.edu/housinjzforms or www.fortworth ov.org? If the Tenant disagrees with any notation made by the Landlord,the Landlord shall permit the Tenant to make comments on the space below prior to signing it. The Tenant has been advised to contact the following named property employee, Barry at telephone number 817-734-6596 where this employee can be contacted during any 24 hour period,to respond to emergencies such as a fire,natural disaster,flood, collapse hazard,burst pipes or violent crime. The Tenant has been advised:TO REPORT UNRESOLVED VIOLATIONS OF CITY CODE MAINTENANCE STANDARDS FOR THESE PREMISES,CONTACT THE CODE COMPLIANCE DEPARTMENT AT(817)392-1234. By signing and dating below,we the Tenant and Landlord confirm,the above inspection report reasonably depicts the general condition of apartment number.The Landlord must provide a copy of this signed form to the tenant.The Landlord must maintain this form for a minimum of three(3)years,and make it available for examination by the Code Compliance Department. ,q Oak-, YLj + T nant's Si a Date Landlord's Signature Date BVP Investments Inc. April 14, 2021 1) Keep all smoke and carbon monoxide detectors in working condition. 2) Please email or text all repair and rent related issues to bvprent@gmail.com or (text-only) 817-900-3363. 3) No Smoking permitted inside the apartment. 4) No unauthorized pets. (Very high penalty) 5) We do not provide any pest control services. (Termites are excluded). 6) A/C filters needs to be changed and/or cleaned monthly 7) No partial rent payment unless prior authorization from company. 8) 60 day written notice to vacate. 9) Need D.O.B, Email, and Phone numbers. (if applicable) 10) Security Deposit cannot be used for last month's rent payment or any month's rent payment. This includes any late fees and remaining rent that is unpaid. 11) Tenant must obtain renter's insurance at tenant's expense. 12) Please provide us with your car year/make/model/license plate of your vehicle(s) 13) Additional vehicle(s) will cost $25.00/month extra. 14) No type of businesses or workshops to be conducted on the premises of the property. 15)No type of automobile/mechanical work to be done on the property. 16)No satellite dishes to be installed on the property. 17)No type of holiday decorations is to be put on the exterior of the building. 18)If you are planning to throw away multiple items that could fill up the dumpster, you must notify us beforehand so we can schedule an extra pickup. A $50 fee will incur. 19)Landlord/Property management can enter the apartment unit without your presence and approval in case of any emergencies. *We provide no insurance for contents. *By signing this form,tenant acknowledges all the above rules pertaining to the lease agreement. *By signing this form,tenant agrees to receive text messages and emails sent from BVP Investments Inc. and agrees for BVP Investments Inc.to keep a copy of their driver's license and/or ID. LO ` / Tenant: 6oazjaDate:_�L '�-� Tenant: 1 c Date: � � From Management M&C Review Official CITY COUNCIL AGENDA F40RTWORTII Create New From This M&C DATE: 8/3/2021 REFERENCE M&C 21-0522 LOG NAME: 19NS 2021-2022 ACTION NO.: PLAN CODE: G TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: (ALL) Conduct Public Hearing and Approve the City's 2021-2022 Annual Action Plan for the Use of Federal Grant Funds in the Amount of$13,070,952.00 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 Programs, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Authorize the Use of Fee Waivers as HOME Match, Adopt Attached Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff: Sharon Burkley; b. Public Presentations; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2021-2022 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 $13,070,952.00 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 2021-2022 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $75,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $75,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1, 2, and 3 below for Program Year 2021-2022 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached Appropriation Ordinance increasing the estimated receipts and appropriations to the Grants Operating Federal Fund in the total amount of $13,070,952.00 consisting of $7,477,274.00 in Community Development Block Grant funds, $2,907,320.00 in HOME Investment Partnerships Program grant funds, $632,124.00 in Emergency Solutions Grant funds, and $1,904,234.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $150,000.00, all subject to receipt of such funds; and http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73\0/o, estimated total of $303,276.16. DISCUSSION: The City's 2021-2022 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2021 and ending September 30, 2022 for use of federal grant funds totaling $13,070,952.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low-and moderate- income persons in Fort Worth. ESG funds primarily benefit homeless persons, and HOPWA funds primarily benefit low- and moderate-income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior years' funding levels. Two public hearings were held on April 14, 2021 and May 12, 2021 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 12, 2021. These funding recommendations were presented in City Council Work Session on June 22, 2021. A 30-day public comment period was held from July 1, 2021 to July 30, 2021. Notice of this public comment period was published in the Wise County Messenger and Glen Rose Reporter on June 25, 2021; in the Cleburne Times-Review, Hood County News, and Weatherford Democrat on June 26, 2021; in the Fort Worth Star-Telegram on June 27, 2021; and in La Vida News on July 1, 2021. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 14, 2021, and the second public hearing is scheduled for the City Council meeting on August 3, 2021 . A summary of staff's final funding recommendations is provided below and in Tables 1 , 2, and 3. A spreadsheet of funding recommendations is also attached. The 2021-2022 Annual Action Plan will be submitted to HUD by August 15, 2021. Indirect costs totaling approximately $354,132.42 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 18.73\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low-to-moderate income citizens. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2021-2022, it is recommended that the amount of $7,477,274.00 in CDBG funds and an estimated amount of$75,000.00 in CDBG program income totaling $7,522,274.00 be allocated as follows: Public Services - $1,121,591.00: Includes social services for low- and moderate-income persons, persons with disabilities, and disadvantaged persons Housing Programs - $2,848,219.00: 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 - $2,012,009.00: Includes funding for Southside Community Center improvements, Bunche Park improvements, and Street/Sidewalk improvements Administration - $1,495,455.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services and Development Services Departments Estimated Program Income - $75,000.00: Includes up to $75,000.00 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 City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2021-2022, it is recommended that the amount of $2,907,320.00 in HOME funds and an http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review estimated amount of$75,000.00 in HOME program income totaling $2,982,320.00 be allocated as follows: Homebuyer Assistance Program - $500,000.00: Includes funding for down payment and closing cost assistance for low- and moderate-income homebuyer Community Housing Development Organizations - $1,116,588.00: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for a multifamily rental demolition/reconstruction project in the Polytechnic neighborhood. The City is also authorized by HUD to fund CHDO operating costs to support community-based affordable housing development. These funds for operating costs will be used by Housing Channel to support completion of the multifamily rental demolition/reconstruction project. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. Major Projects - $1,000,000.00: Includes funds allocated to the multifamily project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant. Administration - $290,732.00: Includes costs for administering the HOME grant Estimated Program Income - $75,000.00: 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 2021-2022, it is recommended that the amount of $1,904,234.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,148,627.00 Neighborhood Services Department/Community Action Partners - $698,480.00 Administration - $57,127.00 EMERGENCY SOLUTIONS GRANT For Program Year 2021-2022, it is recommended that the amount of$632,124.00 in ESG funds be allocated as follows: Public Service Agencies - $584,715.00 Administration - $47,409.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables. Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY PROGRAM AMOUNT AB Christian Learning Center After School Tutoring $85,000.00 AB Christian Learning Center Summer Reading Program $65,303.00 Artes de la Rosa Artes Academy $60,000.00 Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Men's Leadership $50,000.00 Academy Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Women's $50,000.00 Leadership Academy Boys & Girls Clubs of Greater Tarrant County, After School Program $60,000.00 Inc. United Community Centers, Inc. Educational Enrichment $100,000.00 Family Pathfinders of Tarrant County Financial Capability Program $50,000.00 The Ladder Alliance Computer Skills Training $70,000.00 Homebuyer Education and Housing http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review IHousing Channel Counseling Services $125,000.00 Meals-On-Wheels, Inc. of Tarrant County Home-Delivered Meals $116,288.00 Guardianship Services, Inc. Financial Exploitation Prevention $70,000.00 Center The Presbyterian Night Shelter of Tarrant Case Management for Homeless $145,000.00 County, Inc. The Salvation Army Red Shield Emergency Shelter $75,000.00 CDBG Public Service Agencies Total 11$1,121,591.00 Rehabilitation, Education and Advocacy for Accessibility Improvements for Low $115,000.00 Citizens with Handicaps DBA REACH, Inc. Income Residents Fort Worth Area Habitat for Humanity, Inc. DBA Cowtown Brush Up Paint Program $455,000.00 Trinity Habitat for Humanity Fort Worth Area Habitat for Humanity, Inc. DBA Preserve-A-Home Program (Como Trinity Habitat for Humanity Neighborhood Improvement Strategy) $400,000.00 CDBG Subrecipient Agencies Total $970,000.00 TOTAL CDBG CONTRACTS $2,091,591.00 Housing Opportunities for Persons With AIDS Contracts http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review TABLE 2: HOPWA AGENCIES AGENCY PROGRAM 11 AMOUNT Tarrant County Supportive Services; Facility-Based Housing Operations; $845,765.00 Samaritan Housing, Inc. Tenant-Based Rental Assistance; Administration AIDS Outreach Center, Short-Term Rent, Mortgage, and Utility Assistance; Supportive $302 862.00 Inc.* Services; Administration TOTAL HOPWA CONTRACTS $1,148,627.00 *The City has identified a potential conflict of interest under the HOPWA Regulations related to this award and is in the process of seeking a waiver of the conflict of interest from HUD. A contract will not be executed with AIDS Outreach Center, Inc. unless and until the City receives approval from HUD. In the event the City does not receive approval, an amended Action Plan will be submitted, as necessary, to address the reallocation of the funds. Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY PROGRAM 11 AMOUNT The Presbyterian Night Shelter of Tarrant County, Inc. 7IShelter Operations/Services $130,315.00 Lighthouse for the Homeless DBA True Worth Place JIShelter Operations/Services $177,000.00 The Salvation Army IlHomelessness Prevention JF$106,440.00 Center for Transforming Lives IRapid Re-Housing 1 $100,000.00 SafeHaven of Tarrant County Shelter Operations/Services $70,960.00 TOTAL ESG CONTRACTS $584,715.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. 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, in 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burkley (5785) Sean Stanton (5811) ATTACHMENTS 19NS 2021-2022 ACTION PLAN 21001.docx (Public) 2021-2022 Action Plan MC FID Table.xlsx (CFW Internal) Form 1295 2021-2022 Action Plan.pdf (CFW Internal) HUD 2021-2022 Action Plan Budget Selected Slides.pdf (Public) Secretary of State Agency Listings 2021-2022 Action Plan.pdf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM]