HomeMy WebLinkAboutContract 57377-R2A2CSC No. 57377-R2A2
RENEWAL TWO AND AMENDMENT TWO TO CITY OF FORT WORTH
CONTRACT NO. 57377
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth, a home -rule municipality (hereinafter referred to as the "City,") acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and TS ASSET
ENCORE LLC ("Landlord") acting by and through Kaylin Delacruz, it's authorized representative, each
individually referred to as a "party" and collectively referred to as the "parties."
RECITALS
WHEREAS, on May 7th, 2021, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 57377 (the
"Agreement");
WHEREAS, the Agreement's initial term was from May 7, 2021 to May 31, 2022 and
allowed for annual renewals upon agreement of the Parties;
WHEREAS, the Agreement was most recently renewed from May 1 st, 2022 and expires
April 30, 2023; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional one year -term
beginning May 1, 2023 and expiring April 28, 2024, unless terminated earlier in accordance with
the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
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 $910.00
per month for the Unit. The City has been notified that the Tenant's Total rent during the
CSC No. Renewal Two and Amendment Two Page 1 of 3
CoFW and TS ASSET ENCORE LLC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Renewal Term is $1007.00 per month for the Unit. The City has been notified
that the Tenant's Total rent during the Second Renewal Term, from May 1, 2023 to
April 28th, 2024 is $1107.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $526.00 of rent per month
for the Unit. The Tenant during the first renewal term, shall be responsible for $651.00 per
month for the Unit. The Tenant during the second renewal term, shall be responsible for
$579.00 per month for the Unit.
During the Initial Term City shall pay $384.00 towards the Tenant's Total Rent for the
Unit ("City Portion"). During the first renewal term, City shall pay $356.00 per month for
the Unit. During Tenant's Second Renewal Term, and until either this Agreement
expires or Landlord is notified by City otherwise, the City shall pay $528.00. 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. Renewal Two and Amendment Two Page 2 of 3
CoFW and TS ASSET ENCORE LLC
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
1st day of May 2023.
FOR CITY OF FORT WORTH: FOR LANDLORD:
.!�r ate— i--- Z
kaj4fin delacruz (Apr 12, 202 :24 CDT)
Name: Fernando Costa
Title: Assistant City Manager
Date: Apr 13, 2023
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
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.
(7Ld 1'e C. Tena
Julie C. Pena (Apr 12, 2023 16:37 CDT)
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
CSC No. Renewal Two and Amendment Two
CoFW and TS ASSET ENCORE LLC
Name: Kaylin Delacruz
Title: Authorized Representative
Date: Apr12,2023
ATTEST:
Name: Jannette Goodall
Title: City Secretary
Date:
M&C No.: 22-0569
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 3
This Lease Is valid only iffilledout before January 12024.
TBXAAAPAIrl'hIFNT�iSSOriiATlc)N 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 Beatrice Hunda Owner Encore on Mustang
Occupants
LEASE DETAILS
A. Apartment (Par.2)
Street Address: 3039 Mustang Drive 1048
Apartment No. 1048 City: Grapevine State: TX Zip: 76051
B. Initial LeaseTerm. Begins: 05/O1/2023 Ends at 11:59 p.m. on: 04/28/2024
C. Monthly Base Rent (Par. 3)
E. Security Deposit (Par. S)
F. Notice ofTermination or Intent to Move Out (Par. 4)
$ 1107
$ 0.00
Aminimum of 60 days'wrlttennotice of
termination or intent to move out required at end of Initial lease
Note that this amountdoes not
term or during renewal period
D. Prorated Rent
include anyAnlmalDepositwhich
If the number ofdays Isn't filled in, notice ofat least 30 days
$ 1152.00
would bereftectedinanAnimal
Addendum.
isrequlred.
❑ due for the remainder oflst
month or
❑ for2nd month
G. Late Fees (Par.3.3)
Initial Late Fee Daily Late Fee
® 10 %alonemonth'smonthlybaserentor ❑ % ofone month's monthly base rent for daysor
❑ $ ❑ $ for _ days
Due lfrentunpaidby11:59p,m.onthe 3rd (3rd orgreater) day ofthe month
H. Returned Checkor 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
$ 50.00
to exceed $100 per animal) and
Adailychargeof$ 10.00 peranimal
Notice of 60 days is required.
You are noteliglbleforearlytermination if
1. Reletting Charge (Par. 7.1)
you are In default.
(nottoexceed $10perdayperanimap
Arelettin charge
g c9
Fee must be paid nolaterthan
days after you give us notice
(not to exceed 85%ofthehighest
monthly Rent during the Lease term)
lfvaluesare blankor'0,'thenthlssectiondoes
may be charged in certain default
notappiy.
situations
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satellite $ Trash service $ 10.00
Internet $ Package service $ Pest control $ 5.00
Storage $ Stormwater/drainage $ Washer/Dryer $
Other: Amenity Fee $ 15.00
Other: Reserved Parking $ 45.00
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 of written notice (Par.3.S)
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 4>2022,Texas Apartment Association, Inc. Page I of 6
Blue Moon eSi nature Services Document ID: 362493708
LEASE TERMS r 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 Leasewho are also autho-
rized to live in the apartment, butwho do not sign the Lease.
1.3. "Owner" may be identified by an assumed name and Is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means'includingbut not limited to!
I.S. "Community Policies" are thewritten apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
2. Apartment. You are leasing the apartment listed above for use asa
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.
Rent. You must pay yourRent on or before the Ist day of each
month (due date) without demand. There are no exceptions
regarding the paymentofRent, andyou agree notpaying Rent on
or before the 1st 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 ourprlorwritten
permission. You cannot withhold or offset Rent unless
authorized by law. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless 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 of your 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. Afterthe due date, we do not have
to accept any payments.
3.3. Late Fees. lfwe don't receive your monthly base rent In full
when it's due, you must pay latefees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed In Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services.You'll pay for all utilities and services,
related deposits, and any charges 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 of your move -
out date. If you delay getting service turned on in your name
by the Lease's startdate 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 of the
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 provider fees, including any fees
to change service back into our name after you move out.
3.6. Lease Changes. Lease changes are onlyallowed 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 ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the nu m ber ofdaysadvancenoticecontained
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 of the current
Lease term or renewal period.
Apartment Lease Contract 02022,Texas Apartment Association, Inc.
Automatic Lease Renewal and Notice of Term Ination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1. If the number of days isn't filled in, no-
tice of atleast30 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 wiII be
designated in an animal addendum. Security deposits may not be ap-
plled to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us your advance
notice of move out as provided by Par. 25 and forwarding
address in writing to receive a written description and
itemized list of charges or refund. In accordance with our
Community Policies and as allowed by law, we may deduct
from yoursecurity deposit any amounts due under the
Lease. Ifyou move out early or In response to a notice to
vacate, you'll be liable forreke inacharges. 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,
or distributed equally among all residents.
Insu ra nce. Our Insurance doesn't cover the loss of ordamage 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. If you have insurance covering the
apartment or your personal belongings at the time you or we suffer
or al lege 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, (not to exceed 85%of the highest
monthly Rent during the Lease term) ifyou: (A) fall to move in,
or fail to give written move -out notice as required In Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are judicially 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 our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertaln—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 If all of the following
occur: (a) as outlined in Lease Details, you give us written
notice of early termination, pay the early termination fee and
specify the date by which you'll move out; (b) you are not in
default at any time and do not hold over; and (c) you repay all
rent concessions, credits or discounts you received during the
Lease term.lfyou are in default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave the right under
Texas law to terminate the Lease early In certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death of asole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, o� 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.
8.1. Termination. Ifwegive written notice toyouofadelay 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 ready for 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.
Blue Moon eSi nature Services Document ID: 362493708
Page 2 of 6
9. Care of Unit and Damages. You must promptly pay or reimburse
us for loss, damage, consequential damages, government fines or
charges, or cost of repairs or service in the apartment community
because of a Lease or Community Policies violation; Improper use,
negligence, or other conduct by you, your invitees, your occupants,
or your guests; or, as allowed bylaw, any other cause not due to our
negligence or fault, except for damages by acts of God to the extent
they couldn't be mitigated by your action or inaction.
Unless damage or wastewaterstoppage Is due to ournegligence,
we're notliable for —and you must payfor—repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (A) damage from wastewaterstoppages caused byimproper
objects in lines exclusivelyserving yourapartmenF (8) damage to
doors, windows, orscreensp and (C) damage from windows ordoors
leftopen.
RESIDENTLIFE
10. Community Policies. CommunityPoliciesbecomepartofthe
Lease and must be followed. We may make changes, Including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts in Lease Details.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken 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 solejudgment, 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 7 days in one week
without our prior written consent, and no more than twice
that many days in any one month.lfthe 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, (8) 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.
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 of a 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 ofthis Lease.
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 ofpassageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct; including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance ordrug parapher-
nalia; engaging in orthreatening violence, possessing
a weapon prohibited by state law, discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others,
(b) behaving Ina loud, obnoxious or dangerous manner;
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
(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;
(i) heating the apartment with gas -operated appliances,
(j) maid ng bad -faith or false a I legations ag ainst us or our
agents to others;
(k) smoking of any kind, that is not in accordance with our
Community Policies or Lease addenda;
(p using glass containers in or nearpools; 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, mall, 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 ofanykind are allowed, even tempo-
rarily, anywhere in tire apartment or apartment community un-
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 of this Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) 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. Ifyouor
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 anytime during
your term 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 animal -removal
charges are liquidated damages for our time,
Inconvenience, and overhead In enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking ofall motorized vehicles and
other modes oftransportation, 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.
14. When We May Enter. Ifyou or any other resident, guest or occupant
is present; then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, Insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes ifwritten notice of
the entry is left in a conspicuous place in the apartment immediately
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.
IVI Blue Moon eSi nature Services Document ID: 362493708
Page 3 of 6
15. Requests, Repairs and Malfunctions.
15.1
15.2.
Written Requests Requ1red. lfyou or any a ccup ant n eeds
to send a request —for example, for repairs, Installations,
services, ownership disclosure, arsecurity-related matters —
it must be written and delivered to our designated
representative in accordance with a ur Comm unity Policies
(except for fair -housing accommodation or modification
requests or situations involving Imminent 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 ofperforming maintenance
and repairs, including whether or which vendors to use,
are within ourso/e discretion.
Your Requirement to Notify. You must promptly notify 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.
153. Utilities. We may change or install utility lines or
equipment serving the apartment lithe work is done
reasonably without substantially increasing your
utilitycosts. 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 fall to timely repaira condition that
materially affects the physical health orsafety ofan
ordinaryresident as required by the Texas Property Code,
you maybe entitled to exercise remedies under§ 92.056
and § 92.0561 of the Texas Property Code. lf you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(1) termination of the Lease and an appropriate refund
under 91.056(f); (2) have the condition repaired or
remedied according to § 92.0561,,(3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561,
and4) judlclal remedies according to IF 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove your personal property if, in our solejudg-
ment, it causes a health or safety hazard or impedes our ability to
make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease 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 value 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 pay for missing security de-
vices that are required by law. You'II pay for: (A) rekeying that
you request (unless we failed to rekey after the previous resi-
dent moved out); and (8) repairs or replacements because of
misuse or damage by you or your family, your occupants, or your
ua ests.YoumustpayImmediatelyaftertheworkisdoneunlessstate
law authorizes advance payment. You must also pay In advance for
any additional or changed security devices you request.
Apartment Lease Contract 02022, Texas Apartment Association, tnc.
Texas Property Code secs. 92.757, 92.153, and 92.154 require, with
some exceptions, that we provide atna cost to you when occupancy
begins: (A) a window latch on each window, (8) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) either door -handle latch or security bar on each sliding
door; (E) a keyless 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 residen t
moves out. The rekeying will be done either before you move in or
wlthin 7days after you move in, as required bylaw. if we fail to in-
stall or rekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your n ext Ren t 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 over55 or disabled, and (0) the require-
ments of Texas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
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.lfyou damage ordisable the
smoke alarm orremove a batterywithoutreplacing it
with a working battery, you maybe liable to us under
Texas Property Code sec. 92.2611for$100p/usone
month'sRent actualdomages,andattorneysfees.
18.2. DutytoReport. You must Immediately report tousany
missing, malfunctioning or defective security devices,
smoke alarms ordetectors. You'll be liable ifyou fall to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwiserequiredbylaw,,none
ofus, ouremployees, agents, ormanagementcompanies are liable
to you, yourguests oroccupantsforanydamage, personal injury,
loss topersonal property, orloss ofbusiness orpersonal income,
from anycause, including butnot limited to: negl)gentorintentlon-
alactsofresidents,occupants,orgueststheft burglary, assault
vandalism orothercrimes, fire, flood, waterleaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilitles,
pipe leaks or other occurrences unless such damage, injury or loss is
caused exclusively by our n egligence.
We do not warran t security ofanykin d. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call911 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 all implied 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 o ut. 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 of wood -
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Blue Moon eSi nature Services Document ID:362493708
Page 4 of 6
cameras, video or other doorbells, or lock changes,
additions, or rekeying is permitted unless required by law
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 of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and Intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us toyou ifallowed by law.lfallowed by law and In
accordance with our Community Policies, electronic
notice from you to us must be sent to the email address
and/or portal specified in Community Policies. Notice
may also be given by phone call or to a physical address
if allowed in our Community Policies.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
EVICTION AND REMEDIES
22. Liability. Each resident isjointly 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.You'lldefendindemnifyandhold us
and ouremployees, agents, and management company
harmless from all tiabilityarising from yourconduct or
requests to ourrepresentatives and from the conductofor
requests byyourinvitees, occupontsorguests.
23. Default by Resident.
23.1. 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 taws, 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 orpotential 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.
23.2. Eviction. ifyou default Including holding over, we may
endyourright of occupancy bygiving you at least a 24-
hourwrit ten notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filing an eviction suit, we maystill accept Rent or other
sums due, the filing or acceptance doesn't waive or
diminish aurright of eviction or any other contractual or
statu tory right t. 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.
23.3. 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 wlII 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 Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated ifyou're Judicially evicted or move
out when we demand because you've defaulted.
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
If you don't pay the first month's Rentwhen or before the Lease
begins, all future Rentforthe Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right ofoccupancy and recover damages,
future Rent, attorney's fees, courtcosts, and other lawful charges.
23.4. Holdover. You and all occupants mustvacate 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 of the previously signed lease of a
new resident who can't occupy because of the 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
apartmentwhlle 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. If you 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 recoverattorney'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 fall to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added ifyou don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus ourattorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Ourrepresentatives (in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate thisLease orany part ofit
unless In writing and signed, and no authority to make promises, rep-
resentations, oragreements thatimpose security dutlesorotherob-
ligations on us orourrepresentatives, unlessin writing andsigned.
No action oromisslon by us will be considered a waiverofourrights orof
anysubsequentviolation, default, or time or place of performance. Our
choice to enforce, not enforce or delayenforcement ofwritten-no-
tice requirements, rentaidue dates, acceleration, liens, oranyother
rights isn'ta waiverunderanycircumstances. Delay in demanding
sums you owe is not a waiver. Fxceptwhen 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 walverof our remedies fora
breach underyour prior lease that occurred before the Leaseterm 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 by virtue of acting on our behalf.
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.
Yourmove-out notice must comply with each of the following:
(a) Unless we require more than 30days'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 of the Lease term or renewal period.
(c) Ifwerequire you togive usmore than 3Odays! written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice.lfwe 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. Ifyou 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).
Page 5 of 6
Blue Moon eSi nature Services Document ID:3624937O8
26.2. Move -Out Inspection. We may, but are not obligated to,
provide a joint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -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 into 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. Th e En d in 9 of Yo u r Rights. Surren der, aba ndo nment, 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
occu pant or g uest owns or uses) afteryou're judicially evicted
or ifyou 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 locatorservice that you used confirms membership in good
standing of both theTexas 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 (8) 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 of TAA 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 ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severe bllity and Survivability. If any provision of this Lease is Irwalld
or unenforceable under applicable law, It won't Invalidate the remain-
der ofthe 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 arlsing
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:
313. 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 action orsimilar proceeding against us In
anyforum.
Apartment Lease Contract, TAA Official Statewide Form 22-NO-1/8-2 Revised July2022
YOU UNDERSTAND THAT, WITHOUT TH IS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
TH E TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. lfwe 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 by law.
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.
No cash will be accepted. No personal
checks after the 3rd of the month. After
2 NSF checks we will only accept
certified funds. NO SATELLITE DISH
ALLOWED. NO WINDOW A/C UNITS ALLOWED.
3rd LEASE VIOLATIONS WILL BE A NOTICE TO
VACATE/EVICTION.
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.
ResidentorResfdents (allsign below)
,Beafire 03/09/2023
(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
Owneror Owner's Representative (signing on behalfof owner)
5'n+�Tr�i '
171 Blue Moon eSi nature Services Document ID:362493708
Page6of6
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023
ACTION PLAN
CODE: C TYPE: NON -CONSENT PUBLIC YES
HEARING:
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
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=3 0122&councildate=8/9/2022 10/3/2022
M&C Review Page 2 of 6
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 staffs 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
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022
M&C Review
Page 3 of 6
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
PLAN GOAL
PROGRAM
AMOUNT
Homebuyer
Housing Channel
Affordable Housing
Education and
Housing Counseling
$100,000.00
Services
Guardianship Services,
Financial Exploitation
Inc.
Aging -In -Place
Prevention Center
$70,000.00
Meals -On -Wheels, Inc.
Aging -In -Place
Home -Delivered
$72,006.00
of Tarrant County
Meals
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022
M&C Review
Page 4 of 6
Meals -On -Wheels, Inc.
Aging -In -Place
Transportation
$50,000.00
of Tarrant County
Program
Children/Youth
Girls Incorporated of
Tarrant County
Training and
Leadership Program
$75,000.00
Mentorship
/Y
Childrenouth
United Community
Training and
Educational
$100,000.00
Centers, Inc.
Mentorship
Enrichment Program
Boys & Girls Clubs of
Children/Youth
Greater Tarrant County,
Training and
After School Program
$60,000.00
Inc.
Mentorship
Young Men's Christian
Children/Youth
Association of
Training and
Y Achievers
$50,000.00
Metropolitan Fort Worth
Mentorship
Children/Youth
AB Christian Learning
Center
Training and
After School Program
$75,000.00
Mentorship
Fortress Youth
Children/Youth
Development Center,
Training and
Fortress PreSchool
$50,000.00
Inc.
Mentorship
The Presbyterian Night
Shelter of Tarrant
Homeless Services
Moving Home Case
Management
$125,000.00
County, Inc.
Poverty Reduction
Computer Skills
The Ladder Alliance
and Household
Training - Next Level
$70,000.00
Stabilization
Program
Poverty Reduction
Easter Seals North
and Household
Employment
$50,000.00
Texas, Inc.
Stabilization
Services
Poverty Reduction
The Women's Center of
and Household
Working Families
$50,000.00
Tarrant County, Inc.
Stabilization
Success
Poverty Reductionand
Center for Transforming
Household
Level Up
$45,000.00
Lives
Stabilization
Microenterprise
CDBG Public Service Agencies
Total
$1,042,006.00
Rehabilitation,
Education and
Accessibility
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
jPreserve Aging
Cowtown Brush Up
$455,000.00
for Humanity, Inc. DBA
Housing Stock
Paint Program
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022
M&C Review
Page 5 of 6
Trinity Habitat for I
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
J PROGRAM
AMOUNT
AIDS Outreach
Administration, Supportive Services, Short -
Center, Inc.
Term Rent, Mortgage, and Utility Assistance
$429,850.00
(STRMU)
Tarrant County
Administration, Facility -Based Operations,
Samaritan Housing,
Supportive Services, Tenant -Based Rental
$1,085,879.00
Inc.
Assistance (TBRA)
TOTAL HOPWA CONTRACTS
$1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY 11
PROGRAM
AMOUNT
The Presbyterian Night Shelter of Tarrant
Shelter
$130,220.00
County, Inc.
Operations/Services
4ghthouse for the Homeless DBA True
Shelter
$176,000.00
orth Place
Operations/Services
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
TOTAL ESG CONTRACTS 11$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.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022
M&C Review
Page 6 of 6
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.
'O
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
Fund Department Account I Project Program Activity Budget
ID I ID I I I Year
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact: Sharon Burkley (5785)
Reference # I Amount
Chartfield 2)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN 21001.docx (Public)
19NS ACTION PLAN 2022 Agencv Form 1295 Forms.pdf (CFW Internal)
Action Plan Budget -Staff Recommendations City Council Work Session 060722.pdf (Public)
Secretary of State Agency Listings 2022-2023.pdf (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022