HomeMy WebLinkAboutContract 57064-R1A1 CSC No.57064-RlA1
RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT
NO. 57064
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth, a Texas home-rule municipal corporation (hereinafter referred to as the "City,")
acting by and through Fernando Costa, its duly authorized Assistant City Manager, and
HANRATTY PLACE APARTMENTS, LP_("Landlord"), a Texas Limited Liability Company,
acting by and through, Deborah Washington, it's duly authorized representative, each individually
referred to as a"party"and collectively referred to as the"parties."
RECITALS
WHEREAS, on December 1, 2021, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 57064 (the
"Agreement");
WHEREAS, the Agreement's initial term was from December 1, 2021 to
November 30, 2022 and allowed for annual renewals upon agreement of the Parties;
WHEREAS,the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional one year-term
beginning December 1, 2022_and expiring November 30, 2023 ("First Renewal Term")_unless
earlier terminated in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the
Agreement and shall be binding and enforceable as if they were originally included therein.
The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be
amended and replaced as follows:
3.2 Rent and Amounts Payable by City
The City has been notified that the Tenant's Total Rent during the Initial Term is
$689.00per month for the Unit. The City has been notified that the Tenant's Total Rent
OFFICIAL RECORD
CSC No.57064 Renewal One and Amendment One Pagel of3
CoFW and Hanratty Place Apartments,LP CITY SECRETARY
FT.WORTH,TX
during the First Renewal Term, from December 1, 2022 to November 30, 2023, is $689.00
per month for the Unit.
The Tenant during the Initial Term, shall be responsible for$0.00 of rent per month
for the Unit. The Tenant during the First Renewal Term shall be responsible for $0.00 of
rent per month for the Unit.
During the Initial Term City shall pay$ 689.00 towards the Tenant's Total Rent for
the Unit ("City Portion"). During Tenant's First Renewal Term, and until either this
Agreement expires or Landlord is notified by City otherwise, the City Portion shall be
$689.00. Neither City nor does HUD assume any obligation for the Tenant's Portion of the
rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is
limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant
shall be liable for rent,payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
CSC No.57064 Renewal One and Amendment One Page 2 of 3
CoFW and Hanratty Place Apartments,LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
November 1, 2022.
FOR CITY OF FORT WORTH: FOR LANDLORD:/
Deborah Washington(Dec 15,202210:11 CST
Name: Fernando Costa Name: Deborah Washington
Title: Assistant City Manager Title: Leasing Manager
Date: Dec 15, 2022 Date: Pec 15, 2022
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director aa4�FORr��a� A
�O0OO OOOQ00
APPROVED AS TO FORM AND ATTEST: Ifto—� �o�'��
�vo 02�
LEGALITY o o*a�
Oa 00oo5��a
lEXA by
Jannette S.Goodall(Dec 15,202215:1 CST)
Name: Jessika Williams Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date: Dec 15, 2022
Contract Compliance Manager: M&C No.: 22-0569
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Name: Cyndee Garza
Title: Sr. Human Services Specialist
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CSC No.57064 Renewal One and Amendment One Page 3 of
CoFW and Hanratty Place Apartments,LP
P'Wrr A� �
, This Lease is valid only if filled out before January 1,2024.
a Ala
'I FN NS PAIt lhl,ll.:,/�,V ASS�,C:NI It„ Apartment Lease Contract
This is a binding contract.Read carefully before signing.
This Lease Contract("Lease")is between you,the resident(s)as listed below and us.The terms"you"and"your"referto all residents.
The terms"we,"'us,"and"our"refer to the owner listed below.
PARTIES
Residents Darrell Ford Owner Hanratty Place
Occupants None
LEASE DETAILS
A.Apartment(Par.2)
Street Address: 800 S. Jennings Ave.
Apartment No. 1104 City: Fort Worth State:TX Zip: 76104
B.Initial Lease Term.Begins: 12/01/2022 Ends at 11:59 p.m.on: 11/30/2023
C.Monthly Base Rent(Par.3) E.Security Deposit(Par.5) F.Notice of Termination or Intent to Move Out(Par.4)
$ 681.00 $ 150.00 A minimum of 30 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amount does not
D.Prorated Rent include anyAnimal Deposit,which Ifthe number ofdays isn't filledin,notice ofat least 30 days
would be reflected in an Animal is required.
$ Addendum.
®due for the remainder oflst
month or
O for 2nd month
G.Late Fees(Par.3.3)
Initial Late Fee Daily Late Fee
® 10 %of one month's monthly base rent or O %of one months monthly base rent for days or
p$ 30.00 O$ 5.00 for days
Due if rent unpaid by 11:59 p.m.on the 4th (3rd or greater)day ofthe month
H.Returned Check or Rejected J.Optional Early Termination Fee(Par.7.2) K.Animal Violation Charge(Par.12.2)
Payment Fee(Par.3.4) $ Initial charge of$ 100.00 per animal(not
$ 25.00 Notice of days is required. to exceed$100 per animal)and
You are noteligible for early termination if Adailychargeof$ 10.00 peranimal
1.Reletting Charge(Par.7.1) you are in default. (not to exceed$10 per day per anima 1)
578.85 Fee must be paid no later than
A reletting charge of$ days after you give us notice
(not to exceed85%ofthe highest Ifvalues are blankor"0,"then thissectiondoes
monthly Rent during the Lease term) notappiy.
may be charged in certain default
situations
L.Additional Rent-Monthly Recurring Fixed Charges.You will pay separately forthese items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent S Cable/satellite $ Trash service $
Internet $ Packageservice $ Pest control $
Storage $ Stormwater/drainage $ Washer/Dryer $
Other: $
Other: $
Other: $
Other: $
M.Utilities and Other Variable Charges.You will pay separately for gas,water,wastewater,electricity,trash/recycling,utility billing fees and other
items as outlined in separate addenda,Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee:$ 50.00 (not to exceed$50)to be paid within 5 days of written notice(Par.3.5)
Special Provisions.See Par.32 or additional addenda attached.The Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract 02022,Texas Apartment Assoclatlon,Inc. Page 1 of 6
LEASE TERMS AND CONDITIONS 4. Automatic Lease Renewal and Notice of Termination.This Lease
1. Definitions.The following terms are commonly used in this Lease: will automatically renew month-to-month unless either party gives
written notice oftermination or intentto move out as required by Par.
1.1. "Residents"are those listed in"Residents"above who sign 25 and specified on page 1.lfthe number ofdays isn't 6lledin,no-
the Lease and are authorized to live in the apartment. tice ofatleast30 days is required.
1.2. "Occupants"are those listed in this Lease who are also autho- 5. Security Deposit.The total security deposit for all residents is due
rized to live in the apartment,but who do not sign the Lease. on or before the date this Lease is signed.Any animal deposit will be
1.3. "Owner"may be identified by an assumed name and is the designated in an animal addendum.Security deposits may not be ap-
owner only and not property managers or anyone else, plied to Rent without our prior written consent.
1.4. "Including"in this Lease means"including but not limited to." 5.1. Refunds and Deductions.You must give us your advance
1.5. "Community Policies"are the written apartment rules and notice of move out as provided by Par.25 and forwarding
policies,including property signage and instructions for address in writing to receive a written description and
care of our property and amenities,with which you,your itemized list of charges or refund.In accordance with our
occupants,and your guests must comply. Community Policies and as allowed bylaw,we may deduct
1.6. "Rent"is monthly base rent plus additional monthly from yoursecu►ity deposit any amounts due underthe
recurring fixed charges. Lease.If you move out early orin response to a notice to
2. Apartment.You are leasing the apartment listed above for use as a vacate.you'Ilbe liable forrekeying charges,Upon receipt of
private residence only, your move-out date and forwarding address in writing,the
2.1. Access.in accordance with our Community Policies,you'll security deposit will be returned(less lawful deductions)
receive access information or devices for your apartment with an itemized accounting of any deductions,no later than
and mailbox,and other access devices including: 30 days after surrender or abandonment,unless laws provide
otherwise.Any refund may be by one paymentjointly payable
to all residents and distributed to any one resident we choose,
2.2. Measurements.Any dimensions and sizes provided to you or distributed equally among all residents.
relating to the apartment are only approximations or 6. Insurance.Ourinsurance doesn't cover thelossofordamageto
estimates;actual dimensions and sizes may vary. yourpersonalproperty.You will be required to have liability insur-
2.3. Representations.You agree that designations oraccredi- ance as specified in our Community Policies or Lease addenda un-
tations associated with the property are subject to change. less otherwise prohibited by law.If you have insurance covering the
apartment or your personal belongings at the time you or we suffer
3. Rent.You mustpayyour Renton orbefore the lstdayofeach or allege a loss,you agree to require your insurance carrier to waive
month(due date)withoutdemand.There are noexceptions any insurance subrogation rights.Even if not required,we urge you
regarding thepaymentofRent,andyou agree notpaying Rent on to obtain your own insurance for losses due to theft,fire,flood,water,
or before the lstofeach month isamaterialbreachofthi;Lease. pipe leaks and similar occurrences.Most renter's insurance policies
3.1. Payments.You will pay your Rent by any method,manner don't cover losses due to a flood.
and place we specify in accordance with our Community 7, Reletting and Early Lease Termination.This Lease may not be ter-
Policies.Cash Isnotacceptablewithoutourprlorwritten minated early except as provided in this Lease.
permission.You cannot withhold or offset Rentunless 7.1. Reletting Charge.You'll be liable for a reletting charge as
authorized bylaw.We may,at our option,require at any listed in Lease Details,(not to exceed 85%ofthe highest
time that you pay Rent and other sums due in one single monthly Rent during the Lease term)if you:(A)fail to move in,
payment by any method we specify. or fail to give written move-out notice as required in Par.25;
3.2. Application of Payments.Payment of each sum due is an (B)move out without paying Rent in full forthe entire Lease
independent covenant,which means payments are due term or renewal period;(C)move out at our demand because
regardless of our performance.When we receive money, of your default,or(D)are judicially evicted.The reletting
other than water and wastewater payments subject to charge is not a termination,cancellation or buyout fee and
government regulation,we may apply it at our option and does not release you from your obligations under this Lease,
without notice first to any of your unpaid obligations,then including liability for future or past-due Rent,charges for
to accrued rent.We may do so regardless of notations on damages or other sums due.
checks or money orders and regardless of when the The reletting charge is a liquidated amount covering only
obligations arose.All sums other than Rent and late fees are part of our damages—for our time,effort,and expense in
due upon our demand.After the due date,we do not have finding and processing a replacement resident,These
to accept any payments. damages are uncertain and hard to ascertain—particularly
3.3. Late Fees.lfwe don't receive your monthly base rent in full those relating to inconvenience,paperwork,advertising,
when it's due,you must pay latefees as outlined in Lease Details. showing apartments,utilities for showing,checking pros-
3.4. Returned Payment Fee.You'll pay the fee listed in Lease pects,overhead,marketing costs,and locator-service fees.
Details for each returned check or rejected electronic You agree that the reletting charge is a reasonable estimate
payment,plus initial and daily late fees ifapplicable,until of ourdamages and that the charge is due whether or not our
we receive full payment in an acceptable method. reletting attempts succeed.
3.5. Utilities and Services.You'll pay for all utilities and services, 7.2. Early Lease Termination Procedures.In addition to your
related deposits,and any charges or fees when they are due termination rights referred to In 7.3 or 8.1 below,ifthis provision
and as outlined in this Lease.Television channels that are applies under Lease Details,you may terminate the Lease
provided may be changed during the Lease term if the prior to the end ofthe Lease term Ifall ofthe following
change applies to all residents. occur:(a)as outlined in Lease Details,you give us written
If your electricity is interrupted,you must use only battery- notice of early termination,pay the early termination fee and
operated lighting(no flames).You must not allow any specify the date by which you'll move out;(b)you are not in
utilities(other than cable or Internet)to be cut off or default at any time and do not hold over;and(c)you repay all
switched for any reason—including disconnection for not rent concessions,credits or discounts you received during the
paying your bills—until the Lease term or renewal period Lease term.Ifyou are in default,the Lease remedies apply.
ends.lfa utility is individually metered,it must be connected 7.3. Special Termination Rights.You mayhave the rightunder
in your name and you must notify the provider ofyour move- Texaslawto terminate theleaseearlyin certain situations
out date.Ifyou delay getting service turned on in your name Involving military deploymentor transfer,family violence,
by the Lease's start date or cause it to be transferred back into certain sexualoffenses,stalking ordeathofasoleresident.
our name before you surrender or abandon the apartment, B. Delay of Occupancy.We are not responsible for any delay ofyour
you'll be liable for the charge listed above(not to exceed$50 occupancy caused by construction,repairs,cleaning,or previous
per billing period),plus the actual or estimated cost ofthe resident's holding over.This Lease will remain in force subject to
utilities used while the utility should have been billed to you. (1)abatement of Rent on a daily basis during delay,and(2)your right
Ifyour apartment is individually metered and you change to terminate the Lease in writing asset forth below.Rent abatement
your retail electric provider,you must give us written notice. and Lease termination do not apply if the delay is for cleaning or re-
You must pay all applicable provider fees,including any fees pairs that don't prevent you from moving into the apartment.
to change service back into our name after you move out. B.I. Termination.If we give written notice to you of a delay in
3.6. Lease Changes.Lease changes are only allowed during the occupancy when or after the Lease begins,you may termi-
Leaseterm or renewal period ifgoverned by Par.10,specified nate the Lease within 3 days after you receive written notice.
in Special Provisions in Par.32,or by a written addendum or
amendment signed by you and us.At or after the end ofthe If we give you written notice before the date the Lease begins
initial Lease term,Rent increases will become effective with at and the notice states that a construction or other delay is
least 5 days plus the number of days'advance notice contained expected and that the apartment will be ready for you to
in Box F on page 1 in writing from us to you.Your new Lease, occupy on a specific date,you may terminate the Lease within
which may include increased Rent or Lease changes,will begin 7 days after receiving written notice.
on the date stated in any advance notice we provide(without After proper termination,you are entitled only to refund of
needing your signature)unless you give us written move-out any deposit(s)and any Rent you paid.
notice under Par.25,which applies only to the end ofthe current
Lease term or renewal period.
Apartment Lease Contract 02022,Texas Apartment Association,Inc. Page 2 d 6
9. Care of Unit and Damages.You must promptly pay or reimburse (c) disturbing or threatening the rights,comfort,health,safety,
us for loss,damage,consequential damages,government fines or or convenience of others,including us,our agents,or our
charges,or cost of repairs or service in the apartment community representatives;
because ofa Lease or Community Policies violation;improper use, (d) disrupting our business operations;
negligence,or other conduct by you,your invitees,your occupants,
oryour guests;or,as allowed by law,any other cause not due to our (e) storing anything in closets containing water heaters or
negligence or fault,except for damages by acts of God to the extent gas appliances;
they couldn't be mitigated by your action or inaction.
(f) tampering with utilities or telecommunication
Unless damage or wastewaterstoppage is due to our negligence, equipment;
we'renot liable for—andyoumustpay►or—repairsandreplace- (g) bringing hazardous materials into the apartment
ments occurring during the Lease term orrenewal period,includ- community;
Ing.(A)damage from wastewaterstoppages caused byimproper
objectsin lines exclusivelyservingyourapartment;(8)damage to (h) using windows for entry or exit;
doors,windows,or screens;and(C)damage from windows ordoors (i) heating the apa rtment with gas-o perated app I ia nces;
leftopen.
(j) making bad-faith or false allegations against us or our
RESIDENTLIFE agents to others;
10. Community Policies.Community Policies becomepartofthe (it) smoking of any kind,that is not in accordance with our
Lease and must be followed.We may make changes,including addi- Community Policies or Lease addenda;
tions,to our written Community Policies,and those changes can be-
come effective immediately ifthe Community Policies are distributed (1) using glass containers in or near pools;or
and applicable to all units in the apartment community and do not (m)conducting any kind of business(including child-care
change the dollar amounts in Lease Details. services)in your apartment or in the apartment
10.1. Photo/Video Release.You give us permission to use any community—exceptfor any lawful business
photograph,likeness,image orvideo taken ofyou while conducted"at home"by computer,mail,or telephone if
you are using property common areas or participating in customers,clients,patients,employees or other
any event sponsored by us. business associates do not come to your apartment
for business purposes.
10.2. Disclosure of information.At our sole option,wemay,
but are not obligated to,share and use information related 12. Animals.No living creatures ofanykindare allowed,even tempo-
to this Lease for law-enforcement,governmental,or business rarily,anywhere ln the apartment or apartment community un-
purposes.At our request,you authorize any utility provider to less we've given written permission.If we a I I ow a n a nim a 1,yo u m ust
give us information about pending or actual connections or sign a separate Animal Addendum and,except as setforth in the ad-
disconnections of utility service to your apartment, dendum,pay an animal deposit and applicable fees and additional
monthly rent,as applicable.An animal deposit is considered a gener-
10.3. Guests.We may exclude from the apartment community al security deposit.You represent that any requests,statements and
any guests or others who,in our solejudgment,have been representations you make,including those for an assistance orsup-
violating the law,violating this Lease or our Community port animal,are true,accurate and made in good faith.Feeding stray,
Policies,or disturbing other residents,neighbors,visitors, feral or wild animals is a breach of this Lease.
or owner representatives.We may also exclude from any
outside area or common area anyone who refuses to show 12.1. Removal of Unauthorized Animal.We may remove an
photo identification or refuses to identify himself or unauthorized animal by(1)leaving,in a conspicuous
herself as a resident,an authorized occupant,or guest of place in the apartment,a written notice of our intent to
a specific resident in the community. remove the animal within 24 hours;and(2)following the
procedures of Par.14,We may:keep or kennel the animal;
Anyone not listed in this Lease cannot stay in the turn the animal overto a humane society,local authority
apartment for more than 3 days in one week or rescue organization;or return the animal to you if
without our prior written consent,and no more than twice we consent to your request to keep the animal and you
that many days in any one month.Ifthe previous space have completed and signed an Animal Addendum and
isn't filled in,2 days total per week will be the limit. paid all fees.When keeping or kenneling an animal,we
10.4. Notice of Convictions and Registration.You must won't be liable for loss,harm,sickness,or death of the
notify us within 15 days if you or any of your occupants: animal unless due to our negligence.You must pay for
(A)are convicted ofany felony,(B)are convicted of any the animal's reasonable care and kenneling charges.
misdemeanor involving a controlled substance,violence to 12.2.Violations of Animal Policies and Charges.Ifyou or
another person,or destruction of property,or(C)register as a any guest or occupant violates the animal restrictions of
sex offender.Informing us ofa criminal conviction or this Lease or our Community Policies,you'll be subject to
sex-offender registration doesn't waive any rights we may charges,damages,eviction,and other remedies
have against you. provided in this Lease,including animal violation charges
10.5. Odors and Noise.You agree that odors,smoke and listed in Lease Details from the date the animal was
smells including those related to cooking and everyday brought into your apartment until it is removed.If an
noises or sounds are all a normal part ofa multifamily animal has been in the apartment at any time during
living environment and that it is impractical for us to your term of occupancy(with or without our consent),
prevent them from penetrating your apartment. we'll charge you for all cleaning and repair costs,
including defleaing,deodorizing,and shampooing.Initial
11. Conduct.You agree to communicate and conduct yourselfin a law- and daily animal-violation charges and animal-removal
ful,courteous and reasonable manner at all times when interacting charges are liquidated damages for our time,
with us,our representatives and other residents or occupants.Any inconvenience,and overhead in enforcing animal
acts of unlawful,discourteous or unreasonable communication or restrictions and Community Policies.
conduct by you,your occupants or guests is a breach of this Lease.
13. Parking.You may not be guaranteed parking.We may regulate the
You must use customary diligence in maintaining the apartment, time,manner,and place of parking of all motorized vehicles and
keeping it in a sanitary condition and not damaging or littering the other modes of transportation,including bicycles and scooters,in
common areas.Trash must be disposed ofat least weekly.You will our Community Policies.In addition to other rights we have to tow or
use your apartment and all other areas,including any balconies,with boot vehicles understate law,we also have the right to remove,at the
reasonable care.We may regulate the use of passageways,patios, expense of the vehicle owner or operator,any vehicle that is not in
balconies,porches,and activities in common areas. compliance with our Community Policies.
11.1. Prohibited Conduct.You,your occupants,and your guests 14. When We May Enter.If you or any other resident,guest or occupant
will not engage in certain prohibited conduct,including the is present,then repair or service persons,contractors,law officers,
following activities: government representatives,lenders,appraisers,prospective resi-
(a) criminal conduct;manufacturing,delivering,or dents or buyers,insurance agents,persons authorized to enter under
possessing a controlled substance or drug parapher- your rental application,or our representatives may peacefully enter
nalia;engaging in or threatening violence;possessing the apartment at reasonable times for reasonable business purposes.
a weapon prohibited by state law;discharging a firearm If nobody is in the apartment,then any such person may enter peace-
in the apartment community;or,except when fully and at reasonable times(by breaking a window or other means
allowed by law,displaying or possessing a gun,knife, when necessary)for reasonable business purposes if written notice of
or other weapon in the common area,or in a way that the entry is left in a conspicuous place in the apartment immediately
may alarm others; after the entry.We are under no obligation to enter only when you
(b) behaving in aloud,obnoxious or dangerous manner; are present,and we may,but are not obligated to,give prior notice or
make appointments.
Apartment Lease Contract 02022,Texas Apartment Association,Inc. Page 3 of 6
15. Requests,Repairs and Malfunctions. Texas Property Code secs.92.757,92.153,and 92.154 require,with
15.1. Written Requests Required.Ifyou or any occupant needs some exceptions,that we provide at no cost to you when occupancy
to send a request—for example,for repairs,installations, begins:(A)a window latch on each window;(B)a doorviewer(peep-
services,ownership disclosure,or security-related matters— hole or window)on each exterior door,(C)a pin lock on each sliding
it m ust be written and delivered to our designated door;(D)either a do or-handle latch or a security bar on each sliding
representative in accordance with a ur Community Policies door;(E)akeyless bolting device(deadbolt)on each exterior door;
(exce pt for fa i r-h o us 1 n g acco mmod atio n o r mod ifi ca ti o n and(F)either a keyed doorknob lock ora keyed deadbolt lock on
requests or situations involving imminent danger or threats to one en try door.Keyed locks will be rekeyed after the prior resident
health or safety,such as fire,smoke,gas,explosion,or crime in moves out.The rekeying willbe done eitherbeforeyou movein or
progress).Our written notes regarding your oral request do within 7days afteryou movein,as requiredbylow.lfwe failto in-
not constitute a written request from you.Our complying stall orrekey security devices as requiredbylaw,youhave the right
with or responding to any oral request doesn't waive the strict to do so and deductthe reasonable cost from your nextRentpay-
requirement for written notices under this Lease.A request ment under Texas Property Code sec.92.165(7).We may deactivate
for maintenance or repair by anyone residing in your ornotinstallkey/ess bolting devices on your doors if(A)you oran
apartment constitutes a request from all residents.The time, occupantin the dwelling is overSS ordisabled,and(B)the require-
manner,methodandmeans ofperforming maintenance mentsof Texas Property Code sec.92.153(e)or(f)are satisfied
and repairs,includin9wh ether or which vendors touse, 18.1. Smoke Ala rms and Detection Devi ces.We'lIfurnish
are within our sole discretion. smoke alarms or other detection devices required by law
15.2. Your Requirement to Notify.You must promptly notify us in or city ordinance.We may install additional detectors
writing of air conditioning or heating problems,water leaks or not so required.We'll test them and provide working
moisture,mold,electrical problems,malfunctioning lights, batteries when you firsttake possession of your
broken or missing locks or latches,or any other condition that apartment.Upon request,we'll provide,as required by
poses a hazard or threat to property,health,or safety.Unless law,a smoke alarm capable of alerting a person with a
we instruct otherwise,you are required to keep the hearing impairment.
apartment cooled or heated according to our Community You must pay for and replace batteries as needed,
Policies.Air conditioning problems are normally not unless the law provides otherwise.We may replace dead
emergencies, or missing batteries at your expense,without prior notice
15.3. Utilities.We may change or install utility lines or to you.Neither you nor your guests or occupants may
equipment serving the apartment if the work is done disable alarms or detectors.If you damage or disable the
reasonably without substantially increasing your smoke alarm or remove a battery without replacing it
utility costs.We may turn off equipment and interrupt with a working battery,you maybe liable to us under
utilities as needed to perform work or to avoid Texas Property Code sec.92.2611/or$100 plus one
property damage or other emergencies.If utilities month's Rent,actual damages,and attorneys fees.
malfunction or are damaged byfire,water,or similar 18.2. Duty to Report.You must immediately report to us any
cause,you must notify our representative immediately. missing,malfunctioning or defective security devices,
15.4. Your Remedies.We'll act with customary diligence to smoke alarms or detectors.You'll be liable ifyou fail to
make repairs and reconnections within a reasonable report malfunctions,or fail to report any loss,damage,or
time,taking into consideration when casualty-insurance fines resulting from fire,smoke,or water.
proceeds are received.Unless required by statute after 19. Resident Safety and Loss.Unless otherwise required bylaw,none
a casualty loss,or during equipment repair,your Rent ofusouremployeesagents,or management companies areliable
will not abate in whole or in part."Reasonable time' toyou,yourguestsor occupants for any damage,personalinjury,
accounts for the severity and nature ofthe problem and loss topersonalproperty,or loss ofbusiness orpersonalincome,
the reasonable availability of materials,labor,and from anycause,including but notlimited to:negligent orintention-
utilities.lfwe fail to timely repair a condition that alactsofresidents occupants,or guests,•theft,burglary,assault
materially affects the physical health or safety ofan vandalism or other crimes,fire,flood,waterleaks rain,hail,ice,
ordinaryresident as required by the Texas Property Code, snow,smoke,lightning,wind,explosions,interruption ofutilities,
you maybe entitled to exercise remedies under§92.056 pipe leaks or other occurrences unless such damage,injury orloss is
and§92.0567ofthe Texas Property Code.lfyoufollow caused exclusively byournegligence.
the procedures under those sections,the following We do not warrant security ofany kind.You agreethatyou will not
remedies,among others,maybe available to you: rely upon any security measures taken by us for personal security,
(1)termination ofthe Lease and an appropriate refund andthatyouwillcall911 and local law enforcement authorities ifany
under92.056(1);(2)have the condition repaired or security needs arise.
remedied according to§92.0561;(3)deduct from the Rent
the costofthe repair orremedy according to§92.0561; You acknowledge that we are not equipped or trained to provide
and 4)judicial remedies according to§92.0563. person aI sec urityservicesto YOU,you rguestsoroccupants.Yourec-
ognize that we are not required to provide any private security ser-
Closure.If,in our solejudgment,damages to the unit or building are vices and that furtherou security devices or measures on the property are
me-
significant or performance of needed repairs poses a danger to you, fairs are provided,
,they are methledge nical even if an alarm malfur gate c-
we may terminate this Lease and your right to possession by giving pities are provided,they are mechanical devices that can arm will
you at least 7 days'written notice.If termination occurs,you agree charn.Any charges resulting from the use of an intrusion alarm will be
we'll refund only prorated rent and all deposits,minus lawful deduc- charged to you,including,but not limited to,any false alarms with
tions.We may remove your personal property if,in our solejudg- Police/fire/ambulance response or other required city charges.
ment,itcausesahealthorsafetyhazardorimpedesourabilityto 20. Condition ofthe Premises and Alterations.
make repairs. 20.1. As-is.Wedisclaim all implied warranties.You acceptthe
16.1. Property Closure.We also have the right to terminate apartment,fixtures,and furniture as is,exceptoor
this Lease and your rightto possession by giving you at conditions materially affecting the health or safety of
least 30 days'written notice of termination if we are ordinary persons.You'll be given an Inventory and
demolishing your apartment or closing it and it will no Condition Form at or before move-in.You agree that
longer be used for residential purposes for at least 6 after completion ofthe form or within 48 hours after
months,or if any part ofthe property becomes subject to move-in,whichever comes first,you must note on the
an eminent domain proceeding. form all defects or damage,sign the form,return it to
us,and the form accurately reflects the condition ofthe
17. Assignments and Subletting.You may not assign this Lease or sub-
e to
let your apartment.You agree that you won't rent,offer to rent or youpre wen youor move
o t.Ot determining eve y thingrefun ill be
license all or any part ofyour apartment to anyone else unless other- you when you move clean, safe,Otherwise,everything will be
wise agreed to in advance by us in writing.You agree that you won't considered to be in a clean,safe,and good working
accept anything ofvalue from anyone else for the use ofany part of condition.You must still send a separate request for any
your apartment.You agree not to list any part of your apartment on repairs needed as provided by Par.15.1.
any lodging or short-term rental website or with any person or ser- 20.2. Standards and Improvements.Unless authorized by
vice that advertises dwellings for rent, law or by us in writing,you must not perform any repairs,
painting,wallpapering,carpeting,electrical changes,or
18.SecurityandSafetyDevices.We'lipayformissingsecurityde-
vices that are required by law.You'll Pay for:(A)rekeying that otherwise alter our property.the ap holes or stickers are
you reauest(unless we failed to rekey after the previous resi- allowed ityPociesstdeotherwise,we.Uermitnless ur
dent moved out):and(B)repairs or replacements because of reasoCommunity Policies state otherwise,we'll permit a
misuse or damage by you oryourfamily your occupants,oryour pictures able ber
ails ndingrooveholes for ofwog
u9 ests.You must pay immediately after the work is done unless state pictures on walls.
No water f is and in grooves machines,authorizes advance payment.You must also pay in advance for paneled walls.No water furniture,washing machines,
dryers,extra phone or television outlets,alarm systems,
any additional or changed security devices you request.
Apartment Lease Contract 02022,Texas Apartment Association,Inc. Page 4 of 6
cameras,video or other doorbells,or lock changes, If you don't pay the first month's Rent when or before the Lease
additions,or rekeying is permitted unless required by law begins,all future Rentforthe Leaseterm will be automatically
or we've consented in writing.You may install a satellite accelerated without notice and become immediately due.We
dish or antenna,but only if you sign our satellite-dish or also may end your right of occupancy and recover damages,
antenna lease addendum,which complies with reasonable future Rent attorney's fees,court costs,and other lawful charges.
restrictions allowed by federal law.You must not alter, 23.4. Holdover.You and all occupants must vacate and surrender
damage,or remove our property,including alarm systems, the apartment by or before the date contained in:(1)your
detection devices,appliances,furniture,telephone and move-out notice(2)our notice to vacate,(3)our notice of
television wiring,screens,locks,or security devices.When you non-renewal,or(4)a written agreement specifying a different
move in,we'll supply light bulbs for fixtures we furnish, move-out date.lf a holdover occurs,then you'll be liable to us
including exterior fixtures operated from inside the for all Rent for the full term of the previously signed lease of a
apartment;afterthat,you'll replace them at your expense new resident who can't occupy because ofthe holdover,and
with bulbs of the same type and wattage.Your improvements at our option,we may extend the Lease term and/or increase
to the apartment(made with or without our consent)become the Rent by 25%by delivering written notice to you or your
ours unless we agree otherwise in writing. apartment while you continue to hold over.
21. Notices.Written notice to or from our employees,agents,or 23.5. Other Remedies.We may report unpaid amounts to
management companies constitutes notice to or from us.Notices to credit agencies as allowed by law.If we or our debt
you or any other resident of the apartment constitute notice to all collector tries to collect any money you owe us,you
residents.Notices and requests from any resident constitute notice agree that we or the debt collector may contact you by
from all residents.Only residents can give notice of Lease termination any legal means.lfyou default,you will pay us,in addition
and intent to move out under Par.73.All notices and documents will to other sums due,any rental discounts or concessions
be in English and,at our option,in any other language that you read agreed to in writing that have been applied to your account.
or speak. We may recover attorney's fees in connection with enforcing
21.1. Electronic Notice.Notice may be given electronically by our rights under this Lease.All unpaid amounts you owe bear
us toyou ifallowed by law.Ifallowed by law and in interest at the rate provided byTexas Finance Code Section
accordance with our Community Policies,electronic 304.003(c)from the due date.You must pay all collection-
notice from you to us must be sent to the email address agency fees if you fail to pay sums due within 10 days after
and/or portal specified In Community Policies.Notice you are mailed a letter demanding payment and stating that
may also be given by phone call orto a physical address collection-agency fees will be added if you don't pay all sums
if allowed in our Community Policies. by that deadline.You are also liable for a charge(not to
You represent that you have provided your current email exceed$150)to cover our time,cost and expense for any
address to us,and that you will notify us in the event your eviction proceeding against you,plus our attorney's fees and
email address changes. expenses,court costs,and filing fees actually paid.
24. Representatives'Authorityand Waivers.Ourrepresentatives(in-
cluding managementpersonnel,employees,and agents)have no
EVICTION r REMEDIES authorityto waive,amend,orterminate this Lease oranypartofit
22. Liability.Each resident isjointly and severally liable for all Lease unless in writing andsigned,andno authority to makepromises,rep-
obligations.If you or any guest or occupant violates the Lease or our resentations,or agreements thatimposesecuritydutiesorotherob-
CommunityPolicies,all residents are considered to have violated the ligationson usorourrepresentatives,unless in writing andsigned.
Lease. No action or omission by us will be considered a waiver of our rights or of
any subsequent violation,default,or dme or place of performance.Our
22.1. 1ndemniRmdonby You.You7ldeferAindemnifyandholdus choice to enforce,not enforce or delay enforcement ofwriften-no-
and our employees,agents,and management company tice requirements,rental due dates,acceleration,liens,of any other
harmless from all liability arising from your conduct or rights isn't a waiver under any circumstances.Delay in demanding
requests to our representatives and from the conduct ofor su ms you owe Is not a wa iver.Except when notice or demand is req ui red
requests by yourinvitees,occupants or guests. by law,you waive any notice and demand for performance from us if you
23. Default by Resident. default.Nothing in this Lease constitutes a waiver ofour remedies for a
23.1. Acts of Default,You'll be in default if:(A)you don't breach underyour prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages,un-
timely pay Rent,including monthly recurring charges,or less the owner's lender chooses otherwise.
other amounts you owe;(B)you or any guest or
occupant violates this Lease,our Community Policies, All remedies are cumulative.Exercising one remedy won't constitute
or fire,safety,health,criminal or other laws,regardless of an election or waiver ofother remedies.All provisions regarding our
whether or where arrest or conviction occurs;(C)you nonliabilityornonduty apply to our employees,agents,and manage-
give incorrect,incomplete,or false answers in a rental ment companies.No employee,agent,or management company is
application or in this Lease;or(D)you or any occupant is personally liable for any ofour contractual,statutory,or other obliga-
charged,detained,convicted,or given deferred tions merely by virtue of acting on our behalf.
adjudication or pretrial diversion for(1)an offense
involving actual or potential physical harm to a person,or r r
FTHE LEASE TERM
involving the manufacture
ordrug arapyofaiaasd ledfin 25. Move-Out Notice.Before moving out youmustgiveourrepresen-
substance,marijuana,or drug paraphernalia as defined
in the Texas Controlled Substances Act,or(2)any sex- tative advance writtenmove-outnoticeasstatedin Par.4,even if
related crime,including a misdemeanor. the Lease has become a month-to-month lease.The move-out date
can't be changed unless we and you both agree in writing.
23.2. Eviction.lfyou default,including holding over,wemay
end your righ t of a ccuponcy by giving you at least a 24- Your move-out notice must comply with each of the folio wing:
hour written notice to vacate.Termination of your possession (a) Unless we require more than 30days'notice,ifyougive
rights doesn't release you from liability for future Rent or notice on the first day of the month you intend to move
other Lease obligations.Aftergiving notice to vacate or out,move out will be on the last day ofthat month.
filing an eviction suit,we may still accept Rent o►other
ease
sums due;the filing or acceptance doesn't waive or Ib) Your move-out notice asetermorrust not natethe rind.
diminish our right ofeviction or any other contractual or
beforetheendoftheLeasetermorrenewalperiod.
statutory right.Accepting money at any time doesn't waive (c) If we req ui re you to g ive u s m o re than 3 0 days'written
our right to damages,to past or future Rent or other sums, notice to move out before the end of the Lease term,we
or to our continuing with eviction proceedings.In an eviction, will give you 1 written reminder not less than 5 days nor
Rent is owed forthe full rental period and will not be more than 90 days before your deadline for giving us
prorated. your written move-out notice.Owe fail to give a reminder
23.3. Acceleration.Unless we elect not to accelerate Rent,all notice,30 days'written notice to move out is required.
monthly Rent forthe rest of the Lease term or renewal (d) You must get from us a written acknowledgment of your
period will be accelerated automatically without notice notice.
or demand(before or after acceleration)and will be 26. Move-Out Procedures.
immediately due if,without our written consent:(A)you
move out,remove property in preparing to move out, 26.1. Cleaning.You mustthoroughly clean the apartment,including
or you or any occupant gives oral or written notice of doors,windows,furniture,bathrooms,kitchen appliances,
intent to move out before the Lease term or renewal patios,balconies,garages,carports,and storage rooms.You
period ends;and(B)you haven't paid all Rent for the must follow move-out cleaning instructions if they have been
entire Lease term or renewal period.Remaining Rent will provided.Ifyou don't clean adequately,you'll be liable for
also be accelerated if you're judicially evicted or move reasonable cleaning charges—including charges for cleaning
out when we demand because you've defaulted. carpets,draperies,furniture,walls,etc.that are soiled beyond
normal wear(that is,wear or soiling that occurs without
negligence,carelessness,accident,or abuse).
Apartment Lease Contract 02022,Texas Apartment Assoclatlon,Inc. Page 5 of 6
26.2. Move-Out Inspection.We may,but are not obligated to, YOU UNDERSTAND THAT,WITHOUT THIS WAIVER.YOU
provide ajoint move-out inspection.Our representatives COULD BE A PARTY IN A CLASS ACTION LAWSUIT.BY
have no authority to bind or limit us regarding deductions for SIGNING THIS LEASE.YOU ACCEPT THIS WAIVER AND
repairs,damages,or charges.Any statements or estimates by CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
us or our representative are subject to our correction,modi- THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
fication,or disapproval before final accounting or refunding. THE TERMINATION OR EXPIRATION OF THIS LEASE,
27.Surrender and Abandonment.You have surrenderedthe apartment 31.2. Force Majeure.Ifwe are prevented from completing substan-
when:(A)the move-out date has passed and no one is living in the tial performance of any obligation under this Lease by
apartment in our reasonable judgment;or(B)apartment keys and ac- occurrences that are beyond our control,including but
cess devices listed in Par.2.1 have been turned in to us—whichever not limited to,an act of God,strikes,epidemics,war,acts of
happens first. terrorism,riots,flood,fire,hurricane,tornado,sabotage or
You have abandoned the apartment when all ofthe following have governmental regulation,then we shall be excused from any
occurred:(A)everyone appears to have moved out in our reasonable further performance of obligations to the fullest extent
judgment,(B)you've been in defaultfor nonpayment of Rent for 5 allowed by law.
consecutive days,or water,gas,or electric service for the apartment 32.Special Provisions.The following,or attached Special Provisions and
not connected in our name has been terminated or transferred;and any addenda or Community Policies provided to you,are part of this
(C)you've not responded for 2 days to our notice left on the inside of Lease and supersede any conflicting provisions in this Lease.
the main entry door stating that we consider the apartment aban-
doned.An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights.Surrender,abandonment,or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up,make repairs in,
and relet the apartment;determine any security-deposit
deductions;and remove or store property left in the apartment.
27.2. Removal and Storage of Property.We,or law officers,may—
but have no duty to—remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas(including any vehicles you or any
occupant or guest owns or uses)after you're judicia Ily evicted
or if you surrender or abandon the apartment.
We're not liable for casualty,loss,damage,or theft.You
must pay reasonable charges for our packing,removing and
storing any property.
Except for animals,we may throw away or give to a charitable
organization all personal property that is:
(1)left in the apartment after surrender or abandonment or
(2)left outside more than 1 hour after writ of possession is
executed,following judicial eviction.
An animal removed after surrender,abandonment,or eviction
maybe kenneled or turned over to a local authority,humane
society,or rescue organization.
GENERAL PROVISIONS r SIGNATURES
28.TAA Membership.We,the management company representing us,
or any locator service that you used confirms membership in good Before submitting a rental application or signing this Lease,you
standing of both theTexas Apartment Association and the affiliated should review the documents and may consult an attorney.You are
local apartment association for the area where the apartment is bound by this Lease when it is signed.An electronic signature is
located at the time ofsigning this Lease.If not,the following applies: binding.This Lease is the entire agreement between you
(A)this Lease is voidable at your option and is unenforceable by us and us.You are NOT relying on any oral representations.
(except for property damages);and(B)we may not recover past or
future rent or other charges.The above remedies also apply if both
ofthe following occur:(1)the Lease is automatically renewed on a Resident orResi is(all sign bel
month-to-month basis more than once after membership in TAA and f��
the local association has lapsed,and(2)neither the owner nor the man- `
agement company is a member ofTAA and the local association during Nameo Resident)L Date signed
the third automatic renewal.A signed affidavit from the affiliated local
apartment association attesting to nonmembership when the Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms ifTAA agrees in writing. (Name of Resident) Datesigned
Name,address and telephone number of locator service(if applicable):
(Name of Resident) Date signed
(Name of Resident) Date signed
29.Severability and Survivability.if any provision ofthis Lease is invalid
or unenforceable under applicable law,it won't invalidate the remain- (Name of Resident) Date signed
der of the Lease or change the intent of the parties.Paragraphs 10.1,
10.2,16,27 and 31 shall survive the termination of this Lease.
This Lease binds subsequent owners.
30.Controlling Law.Texas law governs this Lease.All litigation arising (Name of Resident) Date signed
under this Lease and all Lease obligations must be brought in the
county,and precinct if applicable,where the apartment is located.
31. Waivers.By signing this Lease,you agree to the following: a rOwne'Representative(si ni n be ner)
31.1. Class Action Waiver.You agree that you will not participate
in any class action claims against us or our employees,agents,
or management company.You must file any claim against us
individually,and you expressly waive your right to bring,
represent join orotherwise maintain a class action,
collective action or similar proceeding against us in
any forum.
Apartment Lease Contract,TAA Official Statewide Form 22-A/0-1/a-2 Revised July 2022 Page 6 of 6
Lease Contract Addendum for Units
Participating in Government Regulated
1''.`''."`"'ait i""`' '`�"'<""'"'� Affordable Housing Programs
1. Addendum.This is an addendum to the Lease Contract 6.1 Housing Tax Credit Program.For rental properties
("Lease')executed by you,the resident(s),on the dwelling participating in the HTC program,IRS Revenue Ruling
you have agreed to rent.That dwelling is: 2004-82 provides that a property owner may not evict a
Apt.# 1104 at Hanratty Place resident or terminate a tenancy except for good cause.
In addition,for HTC units,we must provide the notice
required under the Lease if evicting during the lease term
or if terminating your residency at the end of an initial or
renewal term.
(name of apartments) 6.2 HOME Program.For rental properties participating in
or other dwelling located at the HOME program,federal regulation 24 CFR 92.253
provides that a property owner may not evict a resident or
refuse to renew a Lease except for good cause.In addition,
(street address of house,duplex,etc.) for HOME program units,the property owner must provide
a resident with at least 30 days written notice before
City/State where dwelling is located either seeking an eviction or not renewing a Lease.The
written notice must specify the grounds for eviction or
2. Participation in Government Program.We,as the owner nonrenewal of the Lease.
of the dwelling you are renting, are participating in a 6.3 NHTF Program.For rental properties participating in the
government regulated affordable housing program.This NHTF program,federal regulation 24 CFR 93.303 provides
program requires both you and us to verify certain that a property owner may not evict a resident or refuse to
information and to agree to certain provisions contained in renew a Lease except for good cause.In addition,for NHTF
this addendum. program units,the property owner must provide a written
3. Accurate Information in Application. By signing this notice that specifies the grounds for eviction ornonrenwal
addendum,you are certifying that the information provided of the Lease.
in the Rental Application or any Supplemental Rental 6.4 Good Cause.If challenged by a resident,a court may
Application regarding your household annual income is true determine if a property owner has good cause to evict,
and accurate. terminate a tenancy or not renew the Lease."Good cause
4. Request(s) for Information. By signing this addendum, may include,but is not limited to,non-payment of rent,
you agree that the annual income and other eligibility failure to answer or provide accurate information,as
requirementsfor participation in this government regulated required by Par.4 and 5 of this Addendum,serious or
affordable housing program are substantial and material repeated Lease violations,or breaking the law.
obligations under the Lease.Within seven days after our 7, No Lien or Lockout for Unpaid Sums.For rental proper-
request,you agreetocomplywith our requests for information ties that are supported by HTC allocations,sec.2306.6738,
regarding annual income and eligibility,including requests Texas Government Code,prohibits such property owners
by the owner and the appropriate government monitoring from threatening or conducting a lockout unless.allowed
agency.These requests to you may be made to you now and by judicial process;necessary to perform repairs or
anytime during the Lease term or renewal period. construction work; or responding to an emergency.
5. Failure to Answer or Inaccurate Information May Be Good Personalpropertyofaresidentmaynotbeseizedorthreat-
Cause Grounds for Eviction.If you refuse to answer or do ened to be seized except by judicial process unless the
not provide accurate information in response to the requests premises has been obandonedas requiredby24 CFR 92.253.
in Par.4 above,it may be considered a substantial violation S. Insurance.Insurance is notrequired but is still stronglyrecom-
ofthe Lease and good cause grounds for terminating and/or mended.Though not required,we urge you to get your own
not renewing your Lease and for an eviction. It makes no insurance for losses due to theft,fire,water,pipe leaks,and
difference whether the inaccuracy of the information you similar occurrences.
furnished was intentional or unintentional. 9. Student Status.Bysigningthisaddendum,youagreetonotify
6. Termination or Non-Renewal of Lease for Housing Tax the owner,in writing,if there are any changes in the student
Credit(HTC)and HOME Program Units.Provisions in Par. status of any residents (including replacement residents)
6-6.4 of this Addendum shall apply only to residents living in occupying the unit.
a dwelling covered by either the HTC program or the HOME 10. Conflict with Governing Law.To the extent that any part
program.Par.6-6.4ofthisAddendumalsooverride any contrary ,t e
of your Lease or this addendum conflicts with applicable
provisions contained in the Lease.We will not evict a resident federal,state,or local laws or regulations, law or licabl-
solely on the basis that the resident is or has been a victim of tion overrides that portion of your Lease this addendum.
domestic violence,dating violence,sexual assault or stalking.
e�iclent or Resi nts(all sign below) w r or Owner's eprese a iv ign below)
a e-df Resident)V Date signed Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Your are entitled to receive a copy of this Addendum after it is fully signed.Keep it in a safe place.
TAA Official Statewide Form 22-V,Revised February,2022 J
Copyright 2022,Texas Apartment Association,Inc. ,....-,.
FLOOD DISCLOSURE NOTICE
In accordance with Texas law,we are providing the following flood disclosure:
• We O are or O are not aware that the unit you are renting is located in a 100-year floodplain.If
neither box is checked,you should assume the unit is in a 100-year floodplain.Even if the unit is not
in a 100-year floodplain,the unit may still be susceptible to flooding.The Federal Emergency
Management Agency(FEMA)maintains a flood map on its Internet website that is searchable by
address,at no cost,to determine if a unit is located in a flood hazard area.Most renter's insurance
policies do not cover damages or loss incurred in a flood.You should seek insurance coverage that
would cover losses caused by a flood.
• We O are or O are not aware that the unit you are renting has flooded(per the statutory definition
below)at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2),"flooding"means"a general or temporary
condition of a partial or complete inundation of a dwelling caused by:(A)the overflow of inland or
tidal waters;(8)the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river,stream,or drainage ditch;or(C)excessive rainfall."
S' natures of All Reside Signature of Owner or Owner's R90resentative
Date
Texas Apartment Association
For Moro Information Censum er Produc[safety Commission 1LPSL)
ITMeem h 1... d In hlltlren from leeC` Isonln tl her The CPSC promc¢the pubs is against unreasonable r61, f injury IMPORTANTI
pralettc I gar ge,of from consumer products through ed...d0n,safelystandards
Information about lead hazard,on the Weba[epa.9ov/safewa[er and aaIVJtIe and enforcement Contact CPSC far further lnformetlon
M1ud.gov/l........11[-so0-4.4ieaP(ssaal. r.g,,di,g consumer producisafety and regulations. Lead From Paint,Dust,and sail In and
EPA's a+be Prinkin.weber Harlin+ Around Your Home Can ae Dangerous If
Far infarmatlon about lead in drinking wate1.11 -ep0436.-t791,or ePs[ Not Managed Properly
unit epn. Wlead for Information about lead In drinking water. 4330 East West Highway
s.hry eemmianen{evsel Herlin. aethesda,MD 2081 a-4421 •Chlldrenunde,6y...Id are mossatrlskbrkad
For lnr9matlon on lead In[oya and other mnsumerprodutts,wm 1-900 39 772 polwninglny0ur home,
rcpon an unaefe consume,.,-toraprodutt-related lnJury,tall cpic.gev or saferpr9duc[s.gov
1-a00-Eae-377],orvisit CPSC'awe t a[cpsegaver -Lead eaposurecan harm young children and babies even
sarerproducu.gov. U.S.Department of Housing and Urban beforethey are bom. -
sbebe+,W Lpu1H+Nlh and Emlronmenbeta.mdu Development JHUD),
Some aces,tribes.and clues have,helr own rules related co lead- •K.—,,heels,and chlkl are hcllitles bulk before 1973
baled paint.Ch."with your local agenry to see which laws appy HUD',mission isrocreate rtrong,suz[alnable,inclusive are rkelymanuin leadbascd paint
to yeu.Men agencies canabo pmvldelnfar ostler en finding u nitiea and quality ae Me ble homes for all.Cifice pf
a leatl eba[ement firm In your area,and onp ble sourcesol
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1Ja0�414-lEap. rexearch gran[programs .Dlnurbing sudaces wish kad-basetl paintor removing
H earl..-or speech-chall....d Indlvlduala may access any or the leadbased paint mp,p,fy can Increase the dange,w
phone number 1.[M1 brochure th,..g�TTY by calling meroll- H1fD your hmlfy.
Tree Federal relay service as t-ae0a bst sevemh streee,sW,Room 6236
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(a.)4021... swallowing lead duu,or by eating suit or paint cNps
hud.gov/lead contai M91g ad.
V.;""reiCe w People have many options for reducing lead h Gen ratty,kad-based palnUha,is In good mndR1wdldon is na
.w......�.u...............uo,...nw......,....s...,.. nre ahazard(see W9e 10).
is 17 6
0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785
0 EPA Region 6 Office(includes Texas)-214/665-2704 0 CPSC-8001638-2772 0 National Lead Information Center-800/424-5323
FEDERALLY REQUIRED LESSOR DISCLOSURE,AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT
OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
LEAD WARNING STATEMENT Housing built before 1978 may contain lead-based paint.Lead from paint,paint chips,and dust can pose health haz-
ards if not managed properly.Lead exposure is especially harmful to young children and pregnant women.Before renting pre-1978 housing,lessors
(owners)must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.Lessees(residents)must also receive
a federally approved pamphlet on lead poisoning prevention.(This addendum is a"pamphlet"within the meaning offederal regulations.The term"in
the housing"below means either inside or outside the housing unit.)
LEAD-FREE HOUSING If the housing unit has been certified as"lead free"according to 24 CFR Section 35.82,the lead-based paint and lead-based
paint hazard regulations do not apply,and it is not necessary to provide this addendum,or lead-based paint warning pamphlet and lead-based paint
disclosure statement,to the lessee(resident).
LESSOR'S DISCLOSURE
Presence of lead-based paint and/or lead-based paint hazards(check only one box)
❑ Lessor(owner)has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
❑ Lessor(owner)knows that lead-based paint and/or lead-based paint hazards are present in the housing(explain).
Records and reports available to lessor(checkonly one box)
❑ Lessor(owner)has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
O Lessor(owner)has reports or records indicating the presence of some lead-based paint and/or lead-based paint hazards in the
housing,and has provided the lessees(residents)with all such records and reports that are available to lessor(list documents).
Agent's Statement.If another person or entity is involved in leasing the dwelling as an agent of the lessor(i.e.,as a management company,real estate
agent or locator service acting for the owner),such agent represents that:(1)agent has informed the lessor of the lessor's obligations under 42 U.S.C.
4852(d);and(2)agent is aware of agent's responsibility to ensure that lessor complies with such disclosure laws.Such compliance may be through
lessor himself or herself,or through lessor's employees,officers or agents.Lessor's obligations include those in 24 CFR Sections 35.88 and 35.92 and 40
CFR Sections 745.107 and 745.113.Agent's obligations include those in 24 CFR Section 35.94 and 40 CFR Section 745.115.
Accuracy Certifications and Resident's Acknowledgment.Lessor and any agent named below certify that to the best of their knowledge the above
information and statements made or provided by them,respectively,are true and accurate.The person who signs for the LESSOR maybe:(1)the owner
himself or herself;(2)an employee,officer or partner of the owner;or(3)a representative of the owner's management company,real estate agent or
locator service if such person is authorized to sign for the Iessor.The person who signs for the AGENT maybe:(1)the agent himself or herself;or(2)an
employee,officer or partner of the agent if such person is authorized to sign for the agent.The lessees(residents)signing below acknowledge that they
have received a copy of this TAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure
form and pamphlet information required by federal law regarding lead poisoning prevention.
8anratty Place, 800 S. Jennings Ave. #1104
Apartment name&unit number OR street address of dwelling
Fort Worth TX 76104
City/State
L see sident) Date signed Lessee(Resident) Date signed
Lessee(Resident) Datesigned Lessee(Resident) Date signed
Lessee(Resident) Date signed Lessee(Resident) Date signed
Hanratty Place Elaunratty Place
Printed name of LESSOR(owner)ofthe dwelling Printed name of any AGENbole5gsor, .,n na a nt company,real
tor1 le m edwelling '
Signature of person signing on behalf of above LESSOR Date signed Signature of person sign' g on behalf of above AGENT,if any Da a signed
You are entitled to receive a copy of thisAddendum after it is fully signed.Keep it in a safe place.
TAA Official Statewide Form 21-AA/BB/CC
PAGE 5 of 5 Copyright October,2021,Texas Apartment Association,Inc. .-:......
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0569
LOG NAME: 19NS 2022-2023 ACTION PLAN
SUBJECT
(ALL)Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual Action Plan for the Use of Federal Grant Funds in the
Amount of$13,124,648.00 to be Awarded by the United States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS Program,Authorize Collection and Use of Program Income,Authorize Execution of Related Contracts,Adopt Appropriation Ordinance,and
Authorize Waiver of Indirect Costs
(PUBLIC HEARING-a. Report City Staff:Sharon Burkley; b. Public Presentations;c.Council Action:Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023 Annual Action Plan for use of federal grant funds to
be awarded by the United States Department of Housing and Urban Development in the amount of$13,124,648.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant,and Housing Opportunities for Persons
with AIDS grant programs,and for the use of program income from activities using prior years'federal grant funds;
2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States Department of Housing and Urban Development,
including allocations of grant funds to particular programs and activities as detailed below;
3. Authorize the collection and use of an estimated$50,000.00 of program income which is expected to result from activities using prior years'
Community Development Block Grant funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated$50,000.00 of program income which is expected to result from activities using prior years'
HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program,and authorize the use of 10 percent of
the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1,2,and 3 below for
Program Year 2022-2023 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds,contingent upon receipt of funding,and satisfactory completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and
such extension is necessary for completion of the program,or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use
of federal grant funds;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the
total amount of$13,124,648.00 consisting of$6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME
Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant funds, and $2,232,710.00 in Housing
Opportunities for Persons with AIDS grant funds,plus estimated program income in the amount of$100,000.00,all subject to receipt of such
funds;and
8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29%,estimated total of$330,793.14.
DISCUSSION:
The City of Fort Worth's (City's)2022-2023 Annual Action Plan summarizes the major housing and community development activities and
proposed expenditures for the program year beginning October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling
$13,124,648.00 from the United States Department of Housing and Urban Development(HUD)from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program(HOME), Emergency Solutions Grant(ESG),and Housing Opportunities for Persons with AIDS
(HOPWA)grant programs. It also summarizes the use of program income resulting from activities using prior years'CDBG and HOME funds,the
primary purpose of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit persons experiencing
homelessness,and HOPWA funds primarily benefit low-and moderate-income persons with HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior year's funding levels. One public
hearing was held on April 27, 2022 to provide citizens the opportunity to participate in the development of the Annual Action Plan.
Recommendations for award amounts were considered and adopted by the Community Development Council on May 11, 2022. These funding
recommendations were presented in City Council Work Session on June 7,2022.
A 30-day public comment period was held from July 1,2022 to August 1,2022. Notice of this public comment period was published in the Fort
Worth Star-Telegram on June 26, 2022; in the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County
Messenger on June 29,2022; in Cleburne Times Review and La Vida News on June 30,2022;and in Glen Rose Reporter on July 1,2022.
Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two
public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 13, 2022, and the
second public hearing is scheduled for the City Council meeting on August 9,2022.
A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. A Powerpoint presentation listing funding
recommendations is also attached. The 2022-2023 Annual Action Plan will be submitted to HUD by August 15,2022.
Indirect costs totaling approximately$330,793.14 could be charged to these grants,as the Neighborhood Services Department indirect cost rate
is 17.29% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support
the programs and services to assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2022-2023, it is recommended that the amount of$6,946,710.00 in CDBG funds and an estimated amount of$50,000.00 in
CDBG program income totaling$6,996,710.00 be allocated as follows:
• Public Services Agencies-$1,042,006.00: Includes social services for low-and moderate-income persons, persons with disabilities, and
disadvantaged persons
• Housing Programs-$4,153,352.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing
services,accessibility modifications for seniors and persons with disabilities,and related project delivery costs for these programs
• Major Projects-$362,010.00: Includes funding for Southside Community Center improvements
• Administration -$1,389,342.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management
Services and Development Services Departments
• Estimated Program Income-$50,000.00: Includes up to$50,000.00 in funding for the City's Priority Repair Program. Any CDBG program
income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated
Plan,subject to the City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2022-2023, it is recommended that the amount of$3,216,685.00 in HOME funds and an estimated amount of$50,000.00 in
HOME program income totaling$3,266,685.00 be allocated as follows:
• Homebuyer Assistance Program-$129,623.50: Includes funding for down payment and closing cost assistance for low-and moderate-
income homebuyers
• Community Housing Development Organization-$707,430.00: HUD requires that a minimum of 15 percent of HOME funds be allocated to
Community Housing Development Organizations (CHDOs)for affordable housing projects. These funds will be used by Development
Corporation of Tarrant County(DCTC)for single-family infill development in the Polytechnic neighborhood. All housing developed with these
funds will be sold to homebuyers making at or below 80 percent of area median income(AMI),set by HUD.
• Major Projects-$2,057,963.00: Includes funds($1,000,000.00)allocated to the affordable housing project to be developed by Fort Worth
Housing Solutions (FWHS)as a part of its Choice Neighborhood Initiative (CNI)grant and funds ($1,057,963.00) allocated to the
development of permanent supportive housing.
• Administration-$321,668.50: Includes costs for administering the HOME grant
• Estimated Program Income-$50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs.
HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program
income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan,subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2022-2023,it is recommended that the amount of$2,232,710.00 in HOPWA funds be allocated as follows:
• Public Service Agencies-$1,515,729.00
• Neighborhood Services Department-$650,000.00
• Administration-$66,981.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2022-2023,it is recommended that the amount of$628,543.00 in ESG funds be allocated as follows:
• Public Service Agencies-$581,403.00
• Administration-$47,140.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service
&CDBG subrecipient agencies for the amounts shown in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY CONSOLIDATED PROGRAM AMOUNT
PLAN GOAL
Homebuyer
Housing Channel Affordable Education and $100,000.00
Housing Housing Counseling
Services
Financial Exploitation
Guardianship Services, Inc. Aging-In-Place prevention Center $70,000.00
Meals-On-Wheels, Inc.of Aging-In-Place Home-Delivered 7$72,006-00
Tarrant County Meals
Meals-On-Wheels, Inc.of Aging-In-Place Transportation $50,000.00
Tarrant County Program
Girls Incorporated of Tarrant Children/Youth
County Training and Leadership Program $75,000.00
Mentorship
United Commu Children/Youth nity Centers, Educational
Inc. Training and Enrichment Program $100,000.00
Mentorship
Boys&Girls Clubs of Children/Youth
Greater Tarrant County,Inc. Training and After School Program $60,000.00
Mentorship
Young Men's Christian Children/Youth
Association of Metropolitan Training and Y Achievers $50,000.00
Fort Worth Mentorship
AB Christian Learning Children/Youth
Center Training and After School Program $75,000.00
Mentorship
Fortress Youth Development Children/Youth
Center, Inc. Training and Fortress PreSchool $50,000.00
Mentorship
The Presbyterian Night Homeless Moving Home Case
Shelter of Tarrant County, Services Management $125,000.00
Inc.
Poverty Reduction Computer Skills
The Ladder Alliance and Household Training-Next Level $70,000.00
Stabilization Program
Easter Seals North Texas, Poverty Reduction
Inc. and Household Employment Services $50,000.00
Stabilization
ETara�togulnty,
's Center of Poverty Reduction Forking Families
Inc. and Household $50,000.00
Stabilization
Center for Transforming Poverty Reduction Level Up
Lives and Household Microenterprise $45,000.00
Stabilization
CDBG Public Service Agencies Total $1,042,006.00
Rehabilitation, Education Accessibility
and Advocacy for Citizens Accessibility Improvements for $125,000.00
with Handicaps DBA Improvements Low Income
REACH, Inc. Residents
Accessibility
United Way of Tarrant Accessibility Improvements for $50,000.00
County Improvements Low Income Senior
Residents
Fort Worth Area Habitat for preserve Aging Cowtown Brush Up
Humanity, Inc.DBA Trinity Housing Stock Paint Program $455,000.00
Habitat for Humanity
CDBG Subrecipient Agencies Total $630,000.00
TOTAL CDBG CONTRACTS $1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration,Supportive Services,Short-Term $429,850.00
Center, Inc. Rent, Mortgage,and Utility Assistance(STRMU)
Tarrant County Administration, Facility-Based Operations,
Samaritan PP
Su ortive Services,Tenant-Based Rental $1,085,879.00
Housing, Inc. Assistance(TBRA)
TOTAL HOPWA CONTRACTS $1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter $130,220.00
County,Inc. Operations/Services
Lighthouse for the Homeless DBA True Worth Shelter $176,000.00
Place Operations/Services
_l
The Salvation Army Homelessness $105,535.00
Prevention
Center for Transforming Lives Rapid Re-Housing $98,743.00
SafeHaven of Tarrant County Shelter $70,905.00
Operations/Services J
TOTAL ESG CONTRACTS $581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban
Development(HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based
on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants
have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant(CDBG)through the
Housing and Community Development Act of 1974. The Emergency Shelter(renamed Solutions)Grant(ESG)was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)and the Housing Opportunities for
Persons with AIDS (HOPWA)Program were authorized in 1990 through the Cranston-Gonzales National Affordable Housing Act of 1990.With
these grants,administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department,
which is funded nearly 70%with various grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated,
Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that
aligns with the available funding.Alternative to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds
will be available in the current operating budget,as appropriated,of the Grants Operating Federal Fund. The Neighborhood Services Department
(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being
incurred,the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785