HomeMy WebLinkAboutContract 53235-A4CSC No. 53235-A4
AMENDMENT NO. FOUR TO
CITY OF FORT WORTH CONTRACT NO. 53235
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 HEMPHILL SAMARITAN, LP, ("Landlord"), acting by and through
Deborah Washington, it's duly authorized representative, each party shall be individual referred to
herein as Party and collectively as Parties.
RECITALS
WHEREAS, on October 24, 2019, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53235
(the "Agreement");
WHEREAS, Denesia Davis (`Tenant") is a participant in the City's rental assistance
program; and
WHEREAS, the parties acknowledge that the amounts under Section 3.2 Rent and
Amounts Payable by City are incorrect and wish to correct this portion of the Agreement to capture
its full intent.
NOW, THEREFORE, the Parties 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.
1. 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 $ 1,338.00
per month of the Unit. The City has been notified that the Tenant's Total rent during the First
Renewal Term,(First Renewal Term") is $1,338.00 per month for the Unit. The City has been
notified that the Tenant's Total rent during the Second Renewal, is $1,405.00 per month for
the Unit. The City has been notified that the Tenant's Total rent during the Third
Renewal Term, from January 1, 2023 and expiring on December 31, 2023 (Third
Renewal Term") is $992.00 per month for the Unit.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No 53235 Amendment FOUR
CoFW and HEMPHILL SAMARITAN, LP,
The Tenant during the Initial Term, shall be responsible for $ 249.00 of rent per month for the
Unit. The Tenant during the First renewal term, shall be responsible for $ 257.00 per month
for the Unit. The Tenant during the Second renewal term, shall be responsible for $ 273.00
per month for the Unit. The Tenant during the Third renewal term, shall be responsible
for $ 122.00 per month for the Unit.
During the Initial Term City shall pay $ 1,089.00 towards the Tenant's Total Rent for the Unit
("City Portion"). During Tenant's First Renewal Term, the City shall pay $ 1,081.00. During
Tenant's Second Renewal Term, and until either this Agreement expires or Landlord is
notified by City otherwise, the City shall pay $ 1,132.00. During Tenant's Third Renewal
Term, and until either this Agreement expires or Landlord is notified by City otherwise,
the City shall pay $ 870.00
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 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 INTENTIONALL Y LEFT BLANK
(Signature page follows)
CSC No 53235 Amendment FOUR
CoFW and HEMPHILL SAMARITAN, LP,
ACCEPTED AND AGREED:
FOR CITY OF FORT WORTH:
57;r .c_
Name: Fernando Costa
Title: Assistant City Manager
Date: Feb 14, 2023
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
7efflka IVRIIiamrt
Jessika Williams (Feb 14, 2023 10:33 CST)
Name: Jessika Williams
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Cl--/— �'�
Name: Cyndee Garza
Title: Sr. Human Services Specialist
CSC No 53235 Amendment FOUR
CoFW and HEMPHILL SAMARITAN, LP,
FOR LANDLORD:
Deborah Washington (Feb 7, 202317:22 CST)
Name: Deborah Washington
Title: Authorized Representative
Date: Feb 7, 2023
ATTEST:
Name: Jannette Goodall
Title: City Secretary
Date: Feb 14, 2023
M&C No.: 22-0569
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
:�I, This Lease is valid only iffilled out before January 1, 2024.
I'FNAS ION Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we," 'us,' and "our" refer to the owner listed below.
PARTIES
Residents Denesia Davis, William Small
LEASE DETAILS
Owner Hemphill Samaritan LP
Occupants
A. Apartment (Par. 2)
Street Address: 1000 Hemphill Street
Apartment No. 337 City: Fort Worth State: TX Zip: 76104
B. Initial LeaseTerm. Begins: 11/01/2022 Ends at 11:59 p.m. on, 10/31/2023
C. Monthly Base Rent (Par.3)
E. Security Deposit (Par.5)
F. Notice of Termination or Intent to Move Out (Par.4)
$ 992.00
$ 250.00
A minimum of 30 days' written notice of
termination or intent to move out required at end ofinitial Lease
term or during renewal period
If the number of days isn't filled in, notice of at least 30 days
Note that this amount does not
include anyAnimal Deposit which
D. Prorated Rent
would be reflected in anAnimal
is required.
$
Addendum.
0 due for the remainder of 1st
month or
❑ for 2nd month
G.Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
❑ % of one month's monthly base rent or ❑ % of one month's monthly base rent for days or
®$ 35.00 ❑ $ 0 . 00 for _ days
Due if rent unpaid by 11:59 p.m. on the 5th (3rd or greater) day ofthe month
H. Returned Checkor Rejected
!.Optional Early Termination Fee (Par.7.2)
K. Animal Violation Charge (Par.12.2)
Initial charge of$ 100.00 per animal (not
Payment Fee (Par. 3.4)
$
to exceed $100 per animal) and
Notice of days is required.
You are not eligible for early termination if
you are in default.
$ 35.00
Adailychargeof$ 10.00 peranimal
(not to exceed $10 per day per animal)
1.RelettingCharge (Par.7.1)
A relettin charge of $ 893.20
9 9
Fee must be paid no later than
days afteryou give us notice
(not to exceed85% ofthe highest
lfvalues ore blank or "0," then this section does
man thly Rent during the Lease term)
notapply.
may be charged in certain default
situations
L.Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 0.00 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: $ (not to exceed $50) to be paid within 5 days ofwritten 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 Association, Inc. Page 1 of 6
LEASE TERMS AND CONDITIONS
1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
the Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign the Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means'includingbut not limited to.'
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
I.G. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with our Community Policies, you'll
receive access information or devices for your apartment
and mailbox, and other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRentonorbefore the istday ofeach
month (due date) without demand. There are no exceptions
regarding the payment ofilent, and you agree not paying Rent on
or before the ist of each month is a material breach of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with our Community
Policies. Cash is not acceptable without our prior written
permission. You cannot withhold oroffset Rent unless
authorized bylaw. We may, at our option, require at any
time thatyou pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any ofyour unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
3.3. Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed 1n Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term if the
change applies to all residents.
If your electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —Including disconnection for not
paying your bills —until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider ofyour move -
out date. Ifyou delay getting service turned on in your name
bythe Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable forthe charge listed above (notto exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you.
If your apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including any fees
to change service back into our name afteryou move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may Include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par.
25, which applies only to the end ofthe current
Lease term or renewal period.
Apartment Lease contract 02022, Texas Apartment Association, Inc.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice oftermination or intent to move out as required by Par.
25 and specified on page 1. If the numberof days isn't filled in, no-
tice of atleast 30 days is required.
Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us your advance
notice of riiove out as provided by Par 25 and forward In9
address in writing to receive a written description and
Itemized Ilst of charges or refund In accordance with our
CommunityPolicies and as allowed by law, we may deduct
from yoursecuritydeposit any amounts due under the
Lease. Ifyou move out earl or in response to a notice to
vacate, you'l►beliable for reke&gcharges. Upon receipt of
your move -out date and forwarding address in writing, the
security deposit will be returned (less lawful deductions)
with an itemized accounting of any deductions, no later than
30 days after surrender or abandonment, unless laws provide
otherwise. Any refund may be by one payment jointly payable
to all residents and distributed to any one resident we choose,
ordistributed equally among all residents.
Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in our Community Policies or Lease addenda un-
less otherwise prohibited by law. Ifyou have insurance covering the
apartment or your personal belongings at the time you or we suffer
or allege a loss, you agree to require your insurance carrier to waive
any insurance subrogation rights. Even if not required, we urge you
to obtain your own Insurance for losses due to theft, fire, flood, water,
pipe leaks and similar occurrences. Most renter's insurance policies
don't cover losses due to a flood.
Reletting and Early Lease Termination, This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (notto exceed 85%ofthe highest
monthly Rdnt during the Lease term) ifyou: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25,
(B) move out without paying Rent in full forthe entire Lease
term or renewal period; (C) move out at our demand because
ofyour default; or (D) arejudicially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for ourtime, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Procedures. In addition to your
termination rights referred to in 7.3 or 8.1 below, ifthis provision
applies under Lease Details, you may terminate the Lease
prior to the end of the Lease term ifall ofthe following
occur. (a) as outlined in Lease Details, you give us written
notice of early termination, pay the early termination fee and
specify the date by which you'll move out; (b) you are not in
default at any time and do not hold over; and (c) you repay all
rent concessions, credits or discounts you received during the
Lease term! Ifyou are in default, the Lease remedies apply.
7.3. Special Termination Rights. Youmayhave therightunder
Texas law to terminate the Lease earlyin certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death of a sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over.This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate the Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
B.I. Termination. If we give written notice to you of a delay in
occupancy when or after the Lease begins, you may termi-
nate the Lease within 3 days after you receive written notice.
If we give you written notice before the date the Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be readyfor you to
occupy on a specific date, you may terminate the Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
Page 2 of 6
9. Care of Unit and Damages. You must promptly pay or reimburse
us for loss, damage, consequential damages, government fines or
charges, or cost of repairs or service in the apartment community
because of a Lease or Community Policies violation, improper use,
negligence, or other conduct by you, your invitees, your occupants,
or your guests; or, as allowed bylaw, any other cause not due to our
negligence or fault, except for damages by acts of God to the extent
they couldn't be mitigated by your action or inaction.
Unless damage or wastewater stoppage is due to our negligence,
we're not liable for —and you must pay for —repairs and replace-
ments occurring during the Lease term " renewalperiod, includ-
ing: (A) damage from wastewater stoppages caused by improper
objects in lines exclusively serving your apartment; (B) damage to
doors, windows, or screens, and (C) damage from windows or doors
left open.
RESIDENTLIFE
10. Community Policies. Community Policies become partofthe
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts in Lease Details.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our sole judgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 4 days in one week
without our prior written consent, and no more than twice
that many days in any one month. Ifthe previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
(c) disturbing or threatening the rights, comfort, health, safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(1) heating the apartment with gas -operated appliances;
0) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with our
Community Policies or Lease addenda;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykindareallowed, even tempo-
►arily, anywherein the apartment or apartment communityun-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis Lease.
10.5. Odors and Noise. You agree that odors, smoke and
smells including those related to cooking and everyday
noises or sounds are all a normal part ofa multifamily
living environment and that it is impractical for us to
prevent them from penetrating your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease. 13.
You must use customary diligence In maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests 14.
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in orthreatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others,
(b) behaving in aloud, obnoxious or dangerous manner;
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
yourterm of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and anlmal-removal
charges are liquidated damages for our time,
inconvenience; and overhead in enforcing animal
restrictions and Community Policies.
Parking. You may"not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
our Community Policies. In addition to other rights we have to tow or
boot vehicles under state law, we also have the right to remove, at the
expense of the vehicle owner or operator, any vehicle that is not in
compliance with our Community Policies.
When We May Enter.lfyou or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Page 3 of 6
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, or security -related matters —
it must be written and delivered to our designated
representative in accordance with our Community Policies
(except for fair -housing accommodation or modification
requests or situations involving imm inent danger or threats to
health or safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whetherorwhich vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly n otify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to our Community
Policies. Air conditioning problems are normally not
emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. If we fail to timely repair a condition that
materially affects the physical health or safety of an
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0567 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(7) termination of the Lease and an appropriate refund
under 91.056(f); (2) have the condition repaired or
remedied according to § 92.os61; (3) deduct from the Rent
the cost ofthe repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove your personal property if, in our solejudg-
ment, it causes a health or safety hazard or impedes our ability to
make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your rightto possession by giving you at
least 30 days' written notice oftermination ifwe are
demolishing yourapartment or closing it and it will no
longer be used for residential purposes forat least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of val u e from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll Ray for missing security de-
vices that are required bylaw You'll pay for: (A) rekeying that
you request Jun less we failed to rekey after the previous resJ-
dent moved out)• and (B) repairs or replacements because of
misuse or damage by you or your family, your occupants, or your
guests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
Texas Property Code secs. 92.1S1, 92.153, and 92.754 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a windowlatch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) either a door -handle latch or a security bar on each sliding
door,• (E) akeyless bolting device (deadbolt) on each exterior door,
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required bylaw. If we fall to in-
stall or rekey security devices as required bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over SS or disabled, and (B) the require-
ments of Texas Property Code sec. 92.753(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'II furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. If you damage or disable the
smoke alarm or remove a battery without replacing it
with a working battery, you maybe liable to us under
Texas Property Code sec. 92.2611 for $100 plus one
month'sRent actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'II be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required by law, none
ofus, our employees, agents, ormanagementcompanies are liable
toyou, your guests or occupants for any damage, personal injury,
loss to personal property, or loss of business orpersonal income,
from anycouse, including but notlimited to: negligent orintention-
al acts ofresidents, occupants, orguests theft burglary, assault
vandalism or othercrimes; fire, Rood, waterleaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, injury orloss is
caused exclusively byournegligence.
We do not warrantsecurity of any kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1. As -is. We disclaim allimplied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion of the form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless our
Community Policies state otherwise, we'll permit a
reasonable number of small nail holes for hanging
pictures on sheetrock walls and in grooves ofwood-
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 4 of 6
cameras, video or other doorbells, or lock changes,
additions, or rekeying is permitted unless required bylaw
or we've consented in writing. You may install a satellite
dish or antenna, but only ifyou sign our satellite -dish or
antenna lease addendum, which complies with reasonable
restrictions allowed by federal law. You must not alter,
damage, or remove our property, including alarm systems,
detection devices, appliances, furniture, telephone and
television wiring, screens, locks, or security devices. When you
move in, we'll supply light bulbs for fixtures we furnish,
including exterior fixtures operated from inside the
apartment; after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. Z3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with ourCommunity Policies, electronic
notice from you to us must be sent to the email address
and/or portal specified in Community Policies. Notice
may also be given by phone call orto a physical address
if allowed in our Community Policies.
You represent that you have provided your current email
address to us, and thatyou will notify us in the event your
email address changes.
EVICTIONr REMEDIES
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates the Lease or our
Community Policies, all residents are considered to have violated the
Lease.
22.1. Indemnification byYou.You71 defend, indemnifyandhold us
andour employees, agents, andmanagementcompany
harmless from alf liabilityarfsing fromyourconductor
requests to ourrepresentatives and from the conductofo►
requests byyourinvitees, occupants orguests.
23. Default by Resident.
23.1
23.2.
23.3.
Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, Including a misdemeanor.
Eviction. ifyou default, including holding over, we may
end you right of occupancy by giving you atleast a 24-
hourwritten notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. After giving notice to vacate or
filing an eviction suit, we may still accept Rent or other
sums due, the filing or acceptance doesn't waive or
diminish our right ofeviction or any other contractual or
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rentfor the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before the Lease
begins, all future Rent forthe Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term ofthe previously signed lease of a
new resident who can't occupy because ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. Ifyou default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees ifyou fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives' Authority and Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease oranypart ofit
unless In writing and signed, and no authority to make promises, rep-
resentations, or agreements that impose security duties or other ob-
ligations on us or our representatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce or delay enforcement of written -no-
tice requirements, rental due dates, acceleration, liens, or any other
rights isn'ta waiver under any circumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us ifyou
default Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely byvirtue of acting on our behalf.
ENDOFTHELEASETERM
25. Move -Out Notice. Before moving out you must give our represen-
tative advance written move -out notice as stated in Par. 4, even if
the Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each ofthe following:
(a) Unless we require more than 30 days' notice, ifyou give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move -out notice must not terminate the Lease
before the end ofthe Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end ofthe Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment ofyour
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 5 of 6
26.2. Move -Out Inspection. We may, but are not obligated to,
provide ajoint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment In our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water; gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment, determine any security -deposit
deductions, and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable forcasualty, 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 AND SIGNATURES
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur: (1) the Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when the Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision of this Lease is invalid
or unenforceable under applicable law, it won't invalidate the remain-
der of the Lease or cha nge the I ntent of the parties. Parag raphs 10.1,
10.2,16, 27 and 31 shall survive the termination of this Lease.
This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
In any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive yourright to bring,
represent, Join or otherwise maintain a class action,
collective anion or similar proceeding against us in
anyforum.
YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE
31.2. Force Majeure. Ifwe are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed bylaw.
32. Special Provisions.The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions in this Lease.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease is the entire agreement between you
and us. You are NOT relying on any oral representations.
Resident orResidents (all sign below)
At12` IA1
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
Own ro caner' Rep sentative (sl ning n behalf of ue)
Apartment Lease Contract, TAA Official Statewide Fonn 22-A/B-1/11•2 Revised July 2022 Page 6 of 6
MU1114
'I'Gx;1R APA IYT111Lti'7' ,45tiC)(:IA' 1'I(7N
Lease Contract Addendum for Units
Participating in Government Regulated
Affordable Housing Programs
Addendum. This is an addendum to the Lease Contract
("Lease") executed by you, the resident(s), on the dwelling
you have agreed to rent. That dwelling is:
Apt. # 337 at Hemphill
Samaritan LP
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Participation in Government Program. We, as the owner
of the dwelling you are renting, are participating in a
government regulated affordable housing program. This
program requires both you and us to verify certain
information and to agree to certain provisions contained in
this addendum.
3. Accurate Information in Application. By signing this
addendum, you are certifying that the information provided
in the Rental Application or any Supplemental Rental
Application regarding your household annual income is true
and accurate.
4. Request(s) for Information. By signing this addendum,
you agree that the annual income and other eligibility
requirements for participation in this government regulated
affordable housing program are substantial and material
obligations under the Lease. Within seven days after our
request,you agree tocomplywith our requests for information
regarding annual income and eligibility, including requests
by the owner and the appropriate government monitoring
agency.These requests to you may be made to you now and
anytime during the Lease term or renewal period.
5. Failure to Answeror Inaccurate Information May Be Good
Cause Grounds for Eviction. If you refuse to answer or do
not provide accurate information in response to the requests
in Par. 4 above, it may be considered a substantial violation
ofthe Lease and good cause grounds for terminating and/or
not renewing your Lease and for an eviction. It makes no
difference whether the inaccuracy of the information you
furnished was intentional or unintentional.
6. Termination or Non -Renewal of Lease for Housing Tax
Credit (HTC) and HOME Program Units. Provisions in Par.
6-6.4 of this Addendum shall apply only to residents living in
a dwelling covered by either the HTC program or the HOME
program. Par. 6-6.4 ofthis Addendum also override anycontrary
provisions contained in the Lease. We will not evict a resident
solely on the basis that the resident is or has been a victim of
domestic violence, dating violence, sexual assault or stalking.
Resident or Residents (all sign below)
-3-1,Z
(Name of Resident) _ Date signed
5t tv i n i a 11- 3 .-
(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
6.1 Housing Tax Credit Program. For rental properties
participating in the HTC program, IRS Revenue Ruling
2004-82 provides that a property owner may not evict a
resident or terminate a tenancy except for good cause.
In addition, for HTC units, we must provide the notice
required underthe Lease if evicting during the lease term
or if terminating your residency at the end of an initial or
renewal term.
6.2 HOME Program. For rental properties participating in
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,
for HOME program units, the property owner must provide
a resident with at least 30 days written notice before
either seeking an eviction or not renewing a Lease. The
written notice must specify the grounds for eviction or
nonrenewal of the Lease.
6.3 NHTF Program. For rental properties participating in the
NHTF program, federal regulation 24 CFR 93.303 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for good cause. In addition, for NHTF
program units, the property owner must provide a written
notice that specifies the groundsfor eviction or nonrenwal
of the Lease,
6.4 Good Cause. If challenged by a resident, a court may
determine if a property owner has good cause to evict,
terminate a tenancy or not renew the Lease. "Good cause"
may include, but is not limited to, non-payment of rent,
failure to answer or provide accurate information, as
required by Par. 4 and 5 of this Addendum, serious or
repeated Lease violations, or breaking the law.
7. No Lien or Lockout for Unpaid Sums. For rental proper-
ties that are supported by HTC allocations, sec.2306.6738,
Texas Government Code, prohibits such property owners
from threatening or conducting a lockout unless: allowed
by judicial process, necessary to perform repairs or
construction work, or responding to an emergency.
Personal propertyofa residentmaynot be seized or threat-
ened to be seized except by judicial process unless the
premises has been abandoned as required by24 CFR 92.253.
8. Insurance. Insurance is notrequired but isstill strongly recom-
mended. Though not required, we urge you to get your own
insurance for losses due to theft, fire, water, pipe leaks, and
similar occurrences.
9. Student Status.Bysigningthisaddendum,youagreetonotify
the owner, in writing, if there are any changes in the student
status of any residents (including replacement residents)
occupying the unit.
10. Conflict with Governing Law. To the extent that any part
of your Lease or this addendum conflicts with applicable
federal, state, or local laws or regulations, the law or regula-
tion overrides that portion of your Lease or this addendum.
Owner or Owner's Representative (sign below)
Your are entitled to receive a copy of this Addendum after it is fullysigned. Keep it in a safe place.
Date signed
TAA Official Statewide Form 224, Revised February, 2022
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 ❑ 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."
Signatures of All Residents Signature of Owner or Owner's Representative
�.l.Aa��'��
Date
Texas Apartment Association
For Mora Information Consumer Product Safety Commission (CPSC)
Tha National Leed Infnnaaon Center
Learn how t, protect children from lead paisoniny and get other
Inirmatlon about lead haunts on In. Web a[ epo.gov/saiwaner antl
hud.gav/lead, or call 1-1100-4—lue. (5323).
VPA's Soh Drl.king Wata,..line
For Information about lead In drinking water, wll l-aoa<26Jt>91, or
Oak epa.gov/lead for Inirmatlon about lead In drinking water.
Consumer Product Safety Cemmisale, (CPSC) Hetllna
For In/ermatlen an
lead In toys and other consumer products, or to
report an unsafe consumer product or a preducnrclated Inury, call
1-00se S.-3772,orvisit CPSC%wabslteat,pscgovar
saferoratluccs.9ov.
State and Local Health and Environmental Agana -
Some natal, trlbas,and ckles have their own rules related to leatl-
based paint Check with your local agenq i see which laws appy
you. Most agencies can abo provld. Information on 6nding
a lead abatement fine In yourarea, and on pmslhle wurres of
financleloldfarreducingleadlucte s. Receive up-to-date adtlrers
and phone Int—n.en hryour sate or locei contacts on theweb at
epa.gov/sa/ewair, or contact the National Leatl Information Center at
1-600�34-LEAD.
Headny-orspeech-chalieng<t Indlvlduals may access any oltM1e
phone be. In this brochurethroughT bycallingthetoll-
fleeFederal Relayse— att-110-7 339.
The CPSC protects the public against unreasonable risk of Injury
from er produces through education, safety standards
ectlAti-consum
enhrcement. Contact CPSC for tunher Infarmatlen
regarding consumer product safety and reguladons.
CPSC
4330 East West Highway
Bethesda, MD 20814-4421
1-800438-2772
cpsc.gov or, safaMn clucts.gov
U. S. Department of Housing and Urban
Development (HUD)
HUD•s mission Is to create strong. sustainable, Inclusive
communities and quality affordable homes for all. Office of
Lead ding th Control and He s ing Homes it irthec sfamsadon
regarding the Lead Soh Housing Rule, which protects families and
In
pm-1978 assisted housing, and for the lead hound control and
research grant programs.
HUD
451 Seventh Street SW, Room 8236
Washington, DC 20410-3000
nud.gavneaa
IMPORTANTI
Lead From Paint, Dust, and Sol[ In and
Around Your Home Can Be Dangerous If
Not Managed Properly
Children under 6 years old are most at dsk far lead
poisening In your ham..
.ad exposure an harm young children and babies even
beforelhal,—bom.
Homes, schaalsand child are facilities built before 1978
are likely to aenDln lead n ed paint
Earn rhidren who seem heakhy may have dangerous
kwis of lead In shed, bodies
obturbing—faces with lead -based paint or removing
kad4aased paint lmpreperiy can Increase the dangerto
youdamily.
People can get lead Into their bodies by breathing or
svellming lead dust or by eating sell or paintchips
containing lead.
People haw manyopdons forreducing lead herards.
Gerstell, IeaM1basetl rebuthat Is In geed wndltlon Is not
a We'd (see page 10).
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-800/638-2772 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 of federal 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 a 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.
O 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 (check only 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, orthrough 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 Residents Acknowledgment. Lessor and any agent named below certify that to the best oftheir 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 lessor. The person who signs for the AGENT maybe: (1) the agent himself or herself; or (2) an
employee, officer or partner ofthe 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.
Hemphill Samaritan LP 1000 Hemphill Street #337
Apartment name & unit number OR street address of dwelling
r �_ L
L�e`ss�ee esident) Date signed Lessee (Resident)
ID
Lessee (Resident) Date signed Lessee (Resident)
Lessee (Resident)
Hemphill Samaritan LP
Printed name of LESSOR (owner) of the dwelling
Date signed
Signature of person signing on behalf of above LESSOR Date signed
Lessee (Resident)
Date signed
Date signed
Date signed
Hemphill Samaritan LP
Printed name of any AGENT of lessor, i.e., management company, real
estate agent or locator service involved in leasing the dwelling
Signature of person signing on behalf of above AGENT, if any Date signed
You are entitled to receive a copy of this Addendum after it is fully signea. xeep If in a sore Pace.
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
Housing
Education and
Housing Counseling
$100,000.00
Services
Financial Exploitation
Guardianship Services, Inc.
Aging -In -Place
Prevention Center
$70,000.00
Meals -On -Wheels, Inc. of
Aging -In -Place
Home -Delivered
$72,006.00
Tarrant County
Meals
Meals -On -Wheels, Inc. of
Tarrant County
Aging -In -Place
Transportation
Program
$50,000.00
Children/Youth
Girls Incorporated of Tarrant
County
Training and
Leadership Program
$75,000.00
Mentorship
Children/Youth
United Community Centers,
Training and
Educational
$100,000.00
Inc.
Mentorship
Enrichment Program
Children/Youth
ls Clubs of
EGreater
rrant 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
Training and
After School Program
$75,000.00
Center
Mentorship
Children/Youth
Fortress Youth Development
Training and
Fortress PreSchool
$50,000.00
Center, Inc.
Mentorship
The Presbyterian Night
Shelter of Tarrant County,
[Homeless
Moving Home Case
$125,000.00
Inc.
ervices
Management
Poverty Reduction
Computer Skills
The Ladder Alliance
and Household
Training - Next Level
$70,000.00
Stabilization
Program
Poverty Reduction
Easter Seals North Texas,
Inc.
and Household
Employment Services)
$50,000.00
Stabilization
Poverty Reduction
The Women's Center of
and Household
Working Families
$50,000.00
Tarrant County, Inc.
Stabilization
Success
Poverty Reduction
Center for Transforming
and Household
Level Up
$45,000.00
Lives
Stabilization
Microenterprise
CDBG Public Service Agencies
Total
$1,042,006.00
Rehabilitation, Education
jAccessibility
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
Humanity, Inc. DBA Trinity
Preserve Aging
Cowtown Brush Up
$455,000.00
Habitat for Humanity
Housing Stock
Paint Program
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 IlAdministration,
Facility -Based Operations,
Samaritan Su ortive Services, Tenant -Based Rental $1,085,879.00
pp
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 1$176,000.0�O
Place
Operations/Services
The Salvation Army
]Prevention
Homelessness
$105,535.00
Center for Transforming Lives
Rapid Re -Housing
$98,743.00
SafeHaven of Tarrant County
Shelter
Operations/Services
$70,905.00
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