HomeMy WebLinkAbout053259-R4A3 - General - Contract - Hemphill Samaritan, LPCSC No. 53259-R4A3
RENEWAL FOUR AND AMENDMENT THREE
TO CITY OF FORT WORTH CONTRACT NO. CSC # 53259
This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth,
a Texas home -rule municipal corporation (hereinafter referred to as the "City,") acting by and through
Fernando Costa, its duly authorized Assistant City Manager, and HEMPHILL SAMARITAN, LP
("Landlord"), a Texas Limited Liability Company, each individually referred to as a "party" and
collectively referred to as the "parties."
RECITALS
WHEREAS, on December 16, 2019, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53259 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental
assistance program;
WHEREAS, the Agreement's Initial Term was from June 1, 2019 to May 31, 2020 and allowed
for annual renewals upon agreement of the Parties;
WHEREAS, the parties have renewed the Agreement on three separate occasions, the last of
which extended the agreement for the period between June 1, 2022 to May 31, 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 June 1, 2023 and expiring Mav 31, 2024 ("Fourth Renewal Term"), unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the
Agreement and shall be binding and enforceable as if they were originally included therein.
The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be
amended and replaced as follows:
3.2 Rent and Amounts Pavable by City
The City has been notified that the Tenant's Total Rent during the Initial Term is
$771.75 per month for the Unit. The City has been notified that the Tenant's total Rent
during the first renewal term is $772.00 per month for the Unit. The City has been notified
CSC No. 53259 Renewal 4 and Amendment 3 Page 1 of 3
CFW and Hemphill Samaritan, LP OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
that the Tenant's total rent during the second renewal term is $772.00 per month for the
Unit. The City has been notified that the Tenant's Total Rent during the third renewal term
is $810.00 per month for the Unit. The City has been notified that the Tenant' s Total
Rent during the fourth renewal term, beginning June 1, 2023 and expiring May 31,
2024 ("Fourth Renewal Term"), is $ 900.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $227.00 of rent per month
for the Unit. The Tenant during the first renewal term shall be responsible for $169.00 of
rent per month for the Unit. The tenant during the second renewal term shall be responsible
for $139.00 of rent per month for the Unit. The Tenant during the Third Renewal Term
shall be responsible for $248.00 of rent per month for the Unit. The Tenant during the
Fourth Renewal Term shall be responsible for $270.00 of rent per month for the Unit.
During the Initial Term, City shall pay $544.75 towards the Tenant's Total Rent for the
Unit (" City Portion"). During Tenant's first renewal term, City shall pay $603.00 towards
the Tenant's Total Rent for the Unit. During the Tenant's second renewal term, City shall
pay $633.00 towards the Tenant's Total Rent for the Unit. During Tenant's Third Renewal
Term, the City Portion shall be $562.00. During Tenant's Fourth Renewal Term, and
until either this Agreement expires or Landlord is notified by City otherwise, the City
Portion shall be $630.00. 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. 53259 Renewal 4 and Amendment 3 Page 2 of 3
CFW and Hemphill Samaritan, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
June 1, 2023.
FOR CITY OF FORT WORTH:
Name: Fernando Costa
Title: Assistant City Manager
Date: Jun 26, 2023
APPROVAL RECOMMENDED
U�
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
g 0
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.
C�fi'G &e- �4rZ.41
Name: Cyndee Garza
Title: Sr. Human Services Specialist
CSC No. 53259 Renewal 4 and Amendment 3
CFW and Hemphill Samaritan, LP
FOR LANDLORD:
Debokah Washk ton
Deborah Washington (Jun 22, 202Y09:09 CDT)
Name: DEBORAH WASHINGTON
Title: Property Manager
Date: `1 u n 22, 2023
ATTEST:
Name: Jannette Goodall
Title: City Secretary
Jun 26, 2023
Date:
M&C No.: 22-0569
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 3
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This Lease is valid only if filled out before Januaryl,1024.
rr:,r:�G:�r:�irrall:� r Assoc:I:erlc,.
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 Owner Hemphill Samaritan LP
Occupants Above name onlv
LEASE DETAILS
A. Apartment (Par.2)
Street Address:
Apartment No. City: Fort Worth State: TX Zip: 76104
B. Initial Lease Term. Begins: 06/01/2023 Ends at 11:59 p.m. on: 05/31/2024
C. Monthly Base Rent (Par.3)
$ 900.00
D.Prorated Rent
0 due for the remainder oftst
month or
❑ for 2nd month
E. Security Deposit (Par.5)
Note that this amount does not
Include anyAnlmal Deposit, which
would be reflected In an Animal
Addendum.
G. Late Fees (Par.3.3)
Initial Late Fee
❑ %of one month's monthly base rent or
®$ 35.00
Due if rent unpaid by 11:59 p.m. on the 5th
F. Notice of Termination or Intent to Move Out (Par.4) -
Aminimumof 30 days'written notice of
termination or intent to move out required at end of Initial Lease
term or during renewal period
If the number of days isn't filled In, notice of at least 30 days
Is required.
Dally Late Fee
❑ %of one month's monthly base rent for days or
[IS 0. 00 for _ days
(3rd or greater) day of the month
H. Returned Check or Rejected
J. Optional Early Termination Fee (Par. 7.2)
K. Animal Violation Charge (Par. 12.2)
Payment Fee (Par. 3.4)
$
Initial charge of 100.00 per
$ 35.00
Notice of days is required.
to exceed $100 per animal) and
•
You are not eligible for early termination If
Adallychargeof$ 10.00 peranimal =
1. Reletting Charge (Par. 7.1)
you are in default.
(not to exceed $10 per day per animal)
A relettin a of $ 765. 00
9 charge
Fee must be paid no later than
days after you give us notice
=
(not to exceed85%ofthehighest
monthly Rent during the Lease term)
lfvoluesare blank or"0; then this section does
maybe charged in certain default
notapply.
situations
L. Additional Rent -Monthly Recurring Fixed Charges, You will pay separatelyfor these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animalrent $ 0.00
Cable/satellite $ Trash service $
Internet $
Package service $ 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 of written notice (Par.3.5)
Special Provisions. See Par.32 or additional addenda attached. The Lease cannot be changed unless In writing and signed by you and us.
Apartment Lease Contract G2022, Texas Apartment Association, Inc. Page 1 of 6
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1. Definitions. The following terms are commonly used In this Lease: ,
1.1. "Residents" are those ]I sted In 'Residents" above who sign
the Lease and are authorized to live In apartment.
1.2. "Occupants" are those listed lnthis Lease who are also autho-
rized to live in the apartment, but who do not sign the Lease.
1.3. "Owner" maybe ldentlfiedbyanassumed name and Isthe
owner only and not property managers or anyone else.
1.4."Inc luding"Inthis Lease means includIngbut not limited to.'
1.5."Cam munityPoilcies"are the written apartment rules and
policies, including property slgnage and Instructions for
care of our pro party 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 as a
private residence only,
7.1. 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 oraccredl-
tations associated with the property are subject to change.
Rent. You must payyourRent on or before the fst dayefeach
month (due date) without demand. There are no exceptions
regarding the payment of Rent andyou agree notpaying Renton
or before the lstof each month Ise material breach ofthis 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 wiih hold or offset Rent unless
authorized bylaw. 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 ofour 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 firstto any of yourunpald obligations, then
to accrued rent. We maydo 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 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.
Ifyourelectricity Is Interrupted,you mustuse only battery -
operated lighting (no names).You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —Including dlsconnection for not
paying your bills—untll the Lease term or renewal period
ends, If a utility is Individually metered, it mustbe connected
in your name and you must notify th a provider of your move -
out date, If you delay getting service turned on in your name
by the 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 for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utility should have been billed toyou.
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 backlnto our name afteryou move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term orrenewal period if governed by Par,10, specified
In Special Provisions In Par.32, or by a written addendum or
amendment signed byyou and us. At or after theend of the
Initial Lease term, Rent increases will become effective with at
least 5 days plus the numberof 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 slated 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 01022, TeRas Apartment Auacialion, Inc.
Automatic Lease Renewal and Notice of Terminatlon.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.lfthe numberofdays isn't filled In, no-
tice of a t least 30 days Is required.
Security Deposlt.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. o iveusvprlradvap(
notice s move out as orovideed must
and iorwardlno-
receive a written description and
Itemized list of rharges or refund In accordance with our
Comm unity Policies and as allowed bylaw, we may deduct
from your security deposit any amounts due under the
Lease, ifyou move out early at In response to a notice to
vacate. you'll be liable forrekeyfng charges. Upon receipt of
your move -out date and forwarding address in writing, the
security deposltwlll 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.
Insurance. Our insurance doesn't cover the loss of or damage to
your person at 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 oryour 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 Knot required, we urge you
to obtain your own insurance for losses due to theft, fire, Rood, water,
pipe leaks and similar occurrences. Mast renter's Insurance policies
don't cover losses due to a Rood.
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
Rsted in Lease Details, (not to exceed 8596 of the highest
monthly Rent during the Lease term) if you: (A) fail to move In,
or fall 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 atour demand because
of your default or (D) are judicially evlcted.The resetting
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 ascertain —particularly
those relating to Inconvenience, paperwork, advertising,
showing apartments, utilities forshowing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree ihatthe 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 LeaseTerminatlonProcedures. Inaddition toyour
termination rights referred to In 7.3 or 6.1 below, If thls provision
applies under Lease Details, you may terminate the Lease
prior to the end of the Lease term if all of Ih a following
occur: (a) as outlined in Lease Detalls, you give us written
notice of early termin atlon, pay the early termination fee and
specify the date bywhlch 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, If you are In default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhovethe 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 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
it) abatement of Rent on a daily basis during delay, and 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.
V. Termination. Ifwe give written notice to you ofa delay In
occupancy when or after the Lease begins, you may termi-
nate the lease within 3 days afteryou receive written notice.
If we give you written notice before the date the Lease begins
and the notice stales 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 deposll(s) and any Rentyou paid.
9. Care of Unit and Damages. You must promptly pay or reimburse
us for loss, damage, consequentlal damages, government fines or
charges, or cost of repairs or service In the apartment community
because of a Lease or Community Pollclesviolation; 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 our negligence,
we're not ilable far —and you must pay for —repairs and replace-
ments occurring during the Lease term orrenewalperlod, lnclud-
Ing: (A) damage from wastewater stoppages caused bylmproper
objects In roes excluslvelyservingyourapartmenh fill damage to
doors, windows, orscreens, and (C) damage from windows or doors
left open,
10. Community Policies. Comm unity Policies become partofthe
Lease andmust be followed. We may make changes, including addl-
tlons, 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. PhotolVldeaRelease. You give uspermission touse 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 sale optlon,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 mayexclude from the apartment community
any guests or others who, In our sole Judgment, have been
violating the law, violating this Lease or our Community
Policles,or disturbing otherresldents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area orcommon area anyone who refuses to show
photo Identification or refuses to Identify himself or
herself as a resident, an authorized occupant, Ora 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 priorwritten consent, and no more than twice
that many days in any one month. If the previous space
Isn't filled in, 2 days total perweek will be the limit.
10.4. Notice at Convictions and Registration. You must
notify us within 15 days Ifyou 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 agalnst you,
10.5. Odors and Noise. You agreethatodors, smoke and
smells Including those related to cooking and everyday
noises or sounds are all a normal part of a multifamily
living environmentand 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 llmeswhen 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.
You must use customary diligence in maintaining the apartment,
keeping [tin a sanitary condition and notdamaging orlittering the
common areas.Trash mustbe disposed of at leastweekly. You will
use your apartment and all other areas, Including any balconies, with
reasonable care, We may regulate the use of passageways, patios,
balconies, parches, 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-
nalla; engaging In orthreatening vlolence; 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;
(c) disturbing or threatening rrierights, ccmfort,health, safety,
or convenlence 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 entryorexlt;
(i) healing the aparlmentwlthgas-operated appllances;
()� making bad -faith orfalse allegations against us or our
agents to others;
(k) smoking clarity kind, that Is not In accordance with our
Community Policies or Lease addenda;
(p 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, 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 ofany kind are allowed, even tempo-
radly, anywhere In the apartment orapartment communityun-
fess 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 deposh.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 Anlmal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of.
this Lease or our Community Policies, you'll be sub)ect 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. It an
animal has been In the apartment at any time during
your term of occupancy (with orwlthout ourconsent),
we'll charge you for all cleaning and repair costs,
Including defleaing, deodorizing, and shampooing. Initial
and dally animal -violation charges and animal -removal
charges are liquidated damages for ourtlme,
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 ofparking ofall 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; if you 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 limes 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.
Apartment Lease Conran 02022, Texas Apartment A11C(Ia110n, Inc. Page 3 or 6
15. Requests, Repairs and Malfunctions.
1S,1. WrlttanRequests Required. Ifyouorany occupant nreds
to s a n d a re q u est—for example, for rep aIts, InstallaItons,
services, own ershlp disclosure, arsecurity-relaled matters —
it must be written and delivered to our deslgno led
represan tativer In accordance with our Comm untry Paticles
(except for fair -housing accommodation or modlficatlon
requests or situations Involving Imminent danger or threats to
health or safety, such as fire, smoke, gas, explosion, or crl me In
progress). Our written notes reg arding 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 constltutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whether orwhlch vendors to use,
are within aursale dlrcre(ion.
1S.2. Your Requirement to Notify. You must promptly notify us In
writing of air conditioning or healing 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. Utllltles.Wemay change orinstall utility lines or
equipment serving the apartment lithe work Is done
reasonably without substantially Increasing your
utility costs. We may turn off equipment and Interrupt
utilities as needed to perform work orto avoid
properly damage or other emergencies.lf utilities
malfunction c rare damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies, We'll actwith 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. Ifwe fall to timely repair a canditfon than
materially affects the physical h ealfh or safety o fan
ordinary resident as re quire d by the Texas Property Code,
you maybe entitled to exerdse remedles under§ 92.056
and§ 92.0567 oftheTexas Property Code. Ifyou follow
the procedures under those sections, the fallowing
remedies, among others, maybe available to you:
(7) termination ofthe Lease andan appropriate refund
under 92, 055(n; (2) have the condlllon repaired or
remedied according to § 92.0567; (3) deduct from (he Rent
the cost of the repair arremedyaccording to § 92.0561;
and4) judicial remedies according to § 92.0563.
16. our Right taTerminate far 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-
tlons. We may remove your personal property if, in our salejudg-
ment, it causes a health or safety hazard or Impedes our ability to
make repairs.
160. Property Closure, We also have the rlghttoterminate
this Lease and your right to possession by giving you
least 30 days' wdtten notice of termination 1 f we are
demolishing yourapartment or closing Itand 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 5ubletting.Youmay not assign this Lease orsub-
let your apartment.You agreethatyou 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 forthe use of any partof
your apartment.You agree not to list any part ofyour apartment on
any lodging orshort-term rental webslte orwilh any person orser-
vlce that advertises dwellings torrent.
18. Security and SafetyDevlces. MLCILpJIXf4LloJuJl93SWCLty_d__
vices that are raqulred by law. You'll nav for: (A) rekeying that
you request (unlesswet Hedtorskev ftar rho orpvlous s -
dent moved outl• and 8 pairs or reolacements because of
Mfuse ordamaae by you or vo rr fAMlly. vour occuoants. orvour
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,-92,151, s53, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a wlndowlatch an each window; (B) a doorviewer (peep -
hate or window) an each exterior door, (C) apin lock on each sliding
door; (D) either a door -handle to Ich or a security baron each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either o keyed do orkno b lock or a keyed dead bolt lock on
one entry door. Keyed lacks 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 require d bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
mentunder Texas Property Code sec.92.165(1). We may deactivate
ornot Install keyless balling devices on yourdoors I f (A) you or an
occupant In the dwelling is overS5 or disabled, and the require-
ments ofTexas Property Code sec, 92.753 fe) or in are satisfied.
10.1. Smoke Alarms and Detection Devices, Well fumish
smoke alarms or other detection devices required bylaw
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 otherwlse. We may replace dead
or missing batteries at your expense, without prior notice
to you. Nelther you nor your guests or occupants may
disable alarms or detectors. Ifyou damage or d(sa ble the
smoke alarm orremove a battery without replacing It
with a working battery, youmaybe liable to us under
Texas Property Code sec. 92.2611 for $700 plus one
month sRent, actualdomages, and attorney'sfees.
10.2. Dutyto Report, You must Immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable Ifyou fall to
report malfunctions, orfall to reportany loss, damage, or
fines resulting from fire, smoke, or water,
19. Resident Safety and Loss. Unlessotherwlserequiredbylaw,none
ofus, ouremployees, agents, ormanagement companies are liable
to yo u, yourg uests or occupants for any damage, personal injury,
loss to personal property, orloss ofbusfness orpersonalincome,
from any cause, Including but not Ilmlted to: negllgen t orintentlon-
of acts ofreslden ts, occupants, orguestr theft, burglary, assault,
vandalism orothercrfinerfire, Rood, waterleaks, rain, hall, ice,
snow, smoke, lightning, wind, explosions, Interruption of utilities,
pipe leaks orother occurrences unless such damage, Injury orloss Is
caused exclusively by ournegllgence.
We do not warrant securlfyofanykind. 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 aulhorilleslfany
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 Van alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use clan 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 Promises and Alterations,
20.1. As-Is.Wedisclaim 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 ofthe form or within48 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 ofihe
premises for purposes o(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 properly. No holes or slickers arc
allowed Inside or outside the apartment. Unless our
Community Policies slate otherwise, we'll permit a
reasonable number of small nall holes for hanging
pictures on sheetrockwalls and In grooves ofwood-
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Apartment Leam Contract a2022, Texar Apartment Asmdallon, 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 oursatelllte-dish or
antenna lease addendum, which complies with reasonable
restrictions allowed by federal law. You must not alter, 234
damage, or remove our property, Including alarm systems,
detection devices, a ppllances,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 23.5.
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 to you If allowed by law. If a flowed 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 a Ilowed 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,
WNOr!l-i;.17;
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 by You. Youlldefend, Indemnifyond hard us
and our employees, agents, andmonagemen t company
harmless from all liability arising from your conductor
requests to ourrepresento lives and from the conduct of or
requests by yourin vilees, occupants or guests.
23. Default byResldent.
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; (6) 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 at 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 manutacture 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.lfyou default, Including holding over, we may
end your right of occuponcy by giving yo u at least a 24-
hourwritten notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. ARergiving notice to vacate or
filing an eviction suit, We maystlll accept Rent or other
sumsdue, the filing orecceptance doesn'twalve or
diminish ourrightofevictlon or anyothercontractual 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 1 he Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
Immediately due If, wlthout our written consent; (A) you
move out, remove properly 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 If you're judicially evicted or move
out when we demand because you've defaulted.
Apartment Lease Contract 02e22, Texas Apartment Assoclallon, Inc.
If you don't pay the first mon,,, s Rent when or before the Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become Immediately due, We
also may end your dght of occupancy and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
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 Ilable 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
apartment while you continue to hold over.
Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. lf we or our debt
collector tries to collect any moneyyou 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 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 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'Authorltyand Waivers. Our representatives (In-
cluding managementpersonnel, employees, and agents) have no
authority to waive, amend, orterminate this Lease oranypartoflt
unfessin writing andslgned, and no authority to makepromises, rep-
resen tatlons, or agreem ents that impose security duties or o rh er 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 ordelay enforcement of written -no-
tice requirements, rental due dates, acceleration, liens, oranyother
rights isn't a wal ver under any circumstances. Delay In demanding
sums you awe Is not a waiver. Except when notice or demand Is required
by law, you waive any notice and demand for performance from us If you
default Nothing In this Lease constitutes a walverof 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
nonllabllily 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 30 days' notice, Ifyou give
notice on the first day of the 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) If we requireyou to give us more than 30 days' 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. If we fall to glve 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-OutPrecedures,
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. lfyoudon'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 solling that occurs without
negligence, carelessness, accident, or abuse).
Page 5 of 6
26.2, Move -Out Inspection. We may, rare 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, modl-
ficatlon,or disapproval before final accounting or refunding.
27. Surrender arid Abandonment, You have surrendered the apartment 31.2.
when: (A) the move -out dale 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 abandonedthe apartment when all of the following have
occurred: (A) everyone appears to have moved out In our reasonable
judgment; (B) you've been In defaultfor nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated ortransferred; 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 soleresldent.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possesslon for all purposes
and gives us the Immediate right to clean up, make repairs In,
and reletthe apartment; determine anysecurlty-deposit
ded uctlons; and remove or store property left in the apartment,
27.2. Removal and Storage of Property, We, orlaw 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 anyvehicles you or any
occupant or guest owns oruses) after you're judicially evicted
or If you surrenderor abandon the apartment.
We're not liable for cos ualty, 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 orabandonment; or
(2) left outside more than 1 hour after writ of possession Is
executed, rollovving judicial eviction.
An animal removed after surrender, abandonment, or eviction
maybe kenneled or turned over to a local authorlty, humane
society, or rescue organization.
4.w LFtlJk2F,i���fA�J;I s I'1 sn le f:
2B. TAA Membership. We, the management company representing us,
or any locator service thatyou 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, I(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 foliowing 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):
DTHA1....fHOUTTHIS WAIVER, YOU
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY,
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THETERMINATION OR EXPIRATION OF THIS LEASE,
Force Majeure.lf we are prevented from completing substan-
Ilal performance ofany obligation underthis Lease by
occurrences that are beyond ourcontrol, Including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, Rood, fire, hurricane, tornado, sabotage or
governmental regulation, thenwe 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.
29. Severablllty 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 change the Intent of the parties. Paragraphs 10.1,
10.2, 16,77 and 31 shall survive the term] natlon 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 slgning this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not parllclpate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
Individually, and you expresslywalve yourrighr to bring,
representJoln or otherwise maintain a class action,
collective action orsimllarprcceeding against us In
any forum.
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 Ills signed. An electronic signature Is
binding. This Lease Is the entire agreement between you
and us. You are NOT relying on any oral representations.
Rest nt rResld nfs(alslg
signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
ownerjof w r'sRepre n,atl e� y (signlnczpntalfofgwner)
Apartment Lease Contract, TAAOlRdal Statewide Form 22-Ala-115-2Revised July 2012 Page 6 of ii
0- I , ,se Contract Addendum for Units
■ lea V Participating in Government Regulated
TEXAS AVAIr SIV.NT SSCWI.`I'I".: Affordable Housing Programs
Addendum. This is an addendum to the Lease Contract
("teasel executed by you, the resident(s), on the dwelling
you have agreed to rent.That dwelling Is:
Apt.9 1310 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 tocomply with ourrequestsfor 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
any time during the Lease term or renewal period.
S. Failure to Answer or 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
of the 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, 6-6.4ofthis 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
domesticviolence, dating violence, sexual assault or stalking.
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 under the 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 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 thatspeclfies the grounds for eviction ornonrenwal
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.
Person alproperty of a resident may not be seized or threat-
ened to be seized except by judiclaf process unless the
premiseshasbeen obandonedos requlredby24 CFR 92.253.
B. Insurance. Insurance Is not required butIs still stranglyrecom-
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, Bysigningthis addendum,youagree tonotify
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 ofyourLease or this addendum.
Resld nt
or O er' .Repres t' e ( gn below)
(Name of Resident)
Date signed
Date sign d
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
Your are en titled to receive a copy of this Addendum after It Is fully signed. Keep It In a safe place.
TAA Official Statewide Form 22-V, Revised February, 2022
Copyright 2022,Texas Apartment Association, Ina _L.J
LEASE ADDENDUM REGARDING SMOKING
Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. in the
Hemphill Samaritan LP
Apartments In Fort Worth
Texas OR
the house, duplex, etc. located at (street address)
Texas.
2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is
strictly prohibited. This Is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and
substantial violation of this addendum and a breach of the TAA Lease Contract.
The prohibition of smoking extends to all residents, their occupants, guests, Invitees and all others who are present on or in
any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building
interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, Indoor tennis courts, all
Interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether In the Interior of
the community or in the enclosed spaces an community grounds. Smoking is also prohibited by this addendum Inside any
dwelling or building, whether leased by you or another.
3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially
designated.areas, if any. The permissible smoking areas are marked by signs.
Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit;
❑ is permitted
❑ is not permitted.
Only the following outside areas may be used for smoking:
Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be
at least feet from the buildings In the apartment community, including administrative office buildings. If the previous
field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, Including
administrative office.bulidings. The smoking -permissible areas are marked by signage.
Even though smoking may be permitted In certain limited outside areas, we reserve the right to direct that you and your
occupants, family, guests, and invitees immediately cease smoking In those areas if smoke is entering a dwelling or building
or If it is interfering with the rights, comfort, health, safety or convenience of others In or near the apartment community or
rental premises.
4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your
dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning
and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees,
regardless of whether such use was a violation of this addendum. You agree that any costs or damages we Incur related to
repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of
the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, Including but not limited
to smoke odor that permeates shestrock, carpeting, wood, Insulation, or other components of the dwelling unit or building,
shall always be In excess of normal wear and tear In our community and at the rental premises.
S. Your responsibility for loss of rental income and economic damages regarding other residents. You are
responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking
or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other
residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects
other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent.the unit because of
smoke related damages Including smoke odors.
6. Definition of smoking. "Smoking" refers to, but Is not limited to, any use or possession of a cigar, cigarette, e-cigarette,
hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product Is burning, lighted,
vaporized, or Ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke
from such product. The term tobacco Includes, but Is not limited to any form, compound, or synthesis of the plant of the genus
Nlcotiana or the species N. tabacum which Is cultivated for its leaves to be used in cigarettes, cigars, e-clgarettes, hookahs,
vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or Ignited non -tobacco products
if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons.
7. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available
to us for any violation of this addendum, which In turn is a default under the Lease, which include terminating your right of
occupancy and possession. Violation of this addendum Is a. material and substantial default of the TAA Lease Contract. In
the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease
Contract subject to any duly to mitigate.
8. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of
rental income, and other economic damages under this addendum are in addition to, and not Instead of your responsibility
for any other damages or loss under the TAA Lease Contract or any other addendum.
Texas Apartment Association
R. Your responsibility for conduct of occupants, farnily members and guests. You are i—iloonsible for communicating
the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that
a failure on their part to comply is the same as non-compliance by you.
10. No warranty of a smoke -free environment. Although we prohibit smoking in all Interior parts of the dwelling units
and community, there Is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking
in certain limited outside areas may be allowed as provided In this Addendum. Enforcement of our no -smoking policy is a
joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report
violations of our no -smoking policy to us before we are obligated to Investigate and take action. You agree to cooperate with
us If it becomes necessary to pursue action for any violations of the no -smoking policy.
This Is an Important and binding legal document. By signing this addendum you are acknowledging that a violation could
lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone In
your household is a smoker, you should carefully conslderwhelher you will be able to abide by the terms of this addendum.
Before signing you must advise us whether you or anyone who will be living In your dwelling Is a smoker. If you give an
Incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following
boxes:
❑ Neither you nor anyone who will be living In. the dwelling unit is a smoker and It is agreed no one will ever smoke In the
unit.
❑ Someone who will be living In the dwelling unit Is a smoker but It is agreed no one will ever smoke in the unit.
Signatures of All Residents
Texas Apartment Association
Q,ure o bwner oM1 ner s Repres�lalive
LEASE ADDENDUM ADDREo3ING CARRYING FIREARMS ONSITE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No, in the
Hemphill Samaritan LP
Apartments In Fort Worth
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Texas law. Texas allows qualified people to carry a firearm In the state. However, we may restrict carrying firearms on
our property, with the exception of transporting firearms from a vehicle to an apartment. if we provide notice of our policy
restricting the carrying of firearms, and you do not comply, you will be In violation of the Lease and may be engaging In
criminal trespass.
3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked):
❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Govemment Code (handgun licensing law), may not enter this property with
a concealed handgun. The only exception is that we allow persons to transport their Firearms between their vehicles and
their apartments,
❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H. Chapter 41.1, Government Code (handgun licensing low); may not enter this property with
a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their
vehicles and their apartments.
❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Govemment Code (handgun licensing law), may not enter ❑ the leasing
office or ❑ any common rooms/amenitles of this property with a concealed handgun. (If neither Is checked, concealed
handguns are prohibited In both).
❑ Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing
office or ❑ any common rooms/amenities of this property with a handgun that Is carried openly. (If neither Is checked,
openly carried handguns are prohibited in both).
❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm,
other than to transport their firearm(s) between their vehlcle(s) and their apartment(s), as long as firearms are not In plain
view,
4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that:
(a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease
or any community policies we issue;
(b) you have been provided the apartment community's policy or policies concerning firearms and will follow them;
(c) you will Inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are
and that they are subject to the same policy or policies as you;
(d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe.
S. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and
agree that:
(a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety;
(b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation,
default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice
of a violation;
(c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we would have to you or any other household In the apartment
community to render any areas in the apartment community any safer, more secure, or improved as compared to any
other rental property;
(d) we disclaim any express or Implied warranties that any part of the apartment community will have any higher or Improved
safety or security standards than any other rental property;
(e) we cannot and do not warrant or promise that any part of the apartment community Is or will be free from handguns,
firearms, or other weapons; and
(f) our ability to effectively monitor or enforce this addendum depends In large part on your and your occupants' and guests'
coope
ration and compliance.
J4PR.pr
Signatures of All Residents i - alure or Own. or e..ntabv
Texas Apartment Association
Will A
TKSAS AI4%Irr'N1.1' I'a5surla•rlr N
Bed Bug Addendum
Please note: We wan( to maintain a high -quality living environment foryou, It's important to work together to
minimize the potential for bed bugs In your dwelling and others. This addendum outlines your responsibility
andpotentlal liability when it comes to bed bugs. It also gives you some Important information about them.
1. Addendum. This is an addendum to the Lease Contract that you,
the resident or residents, signed on the dwelling you have agreed
to rent, That dwelling Is:
Apt, fl at Hemphill
Samaritan LP
(name ofoportments)
or other dwelling located at
(street address of ho use, duplex, etc.)
(city)
(state) (zip).
2. Purpose. This addendum modifies the Lease Contract to address
any infestation of bedbugs (Clmex lectularius) that might be found
in the dwelling or an your personal property. We wlii rely on repre-
sentatlons thatyou make to us In this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed -bug Infestation in the dwelling.
BY SIGNING THIS ADDENDUM. YOU REPRESENTTHAT:
YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
1N OR SIGNING TH15 ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-
TATIONS. OR
YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUG$ ORB D-BUGINFFS-
TATI ON.
You represent and agree that you have read the Information about
bed bugs provided by us and that you are not aware of any Infesta-
tion or presence of bed bugs In your current or previous dwellings,
furniture, clothing, personal property and possessions and that you
have fully disclosed to us any previous bed -bug Infestation or issue
thatyou have experienced.
Ifyou disclose a previous experience ofbed-bug Infestation, we can
review documentation of the treatment and lnspact your personal
property and possessions to confirm the absence of bed bugs.
Access for Inspection and Pest Treatment. You must allow us
and our pest -control agents access to the dwelling at reasonable
times to Inspect for or treat bed bugs, You and your family mem-
bers, occupants, guests, and invitees must cooperate and not in-
terfere with inspections or treatments. We have the right to select
any licensed pest -control professional to treat the dwelling and
building. We can select the method of treating the dwelling, bulld-
Ing,and common areas for bed bugs. We can also inspect and treat
adjacent or neighboring dwellings to the infestation, even if those
dwellings are not the source or cause of the known Infestation. Si-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and possessions
treated according to accepted treatment methods by a licensed
pest -control firm that we approve, if you fail to do so, you will be
In default and we will have the right to terminate your right of oc-
cupancy and exercise all rights and remedies under the Lease Con-
tract. You agree not to treat the dwelling for a bed -bug Infestation
on your own.
5, Notification. You must promptly notify us:
• of any known or suspected bed -bug Infestation or presence In
the dwelling, or in any of your clothing, furniture, or personal
property;
• of any recurring or unexplained bites, stings, Irritations, or
sores on the skin or body that you believe are caused by bed
bugs, or by any condition or pestyou believe is In the dwelling;
AND
Is If you discover any condition or evidence that might Indicate
the presence or Infestation of bed bugs, or If you receive any
confirmation of bed -bug presence by a licensed pest -control
professional or other authoritative source.
Cooperation. If we confirm the presence or Infestation of bed
bugs, you must cooperate and coordinate with us and our pest -
control agents to treat and eliminate them, You must follow all dl-
sections from us or our agents to clean and treat the dwelling and
building that are infested. You must remove or destroy personal
property that cannot be treated or cleaned before we treat the
dwelling. Any Items you remove from the dwelling must be dis-
posed of off -site and not In the property's trash receptacles. If we
confirm the presence or Infestation of bed bugs In your dwelling,
we have the right to require you to temporarily vacate the dwelling
and remove all furniture, clothing, and personal belongings so we
can perform pest -control services. if you don't cooperate with us,
you will be in default and we will have the right to terminate your
right of occupancy and exercise all rights and remedies under the
Lease Contract.
Responsibilities, You may be required to pay all reasonable costs
of cleaning and pest -control treatments incurred by us to treat
your dwelling unit for bed bugs. If we confirm the presence or In-
festation of bed bugs afteryou move out, you may be responsible
for the cost of cleaning and pest control. If we have to move other
residents In order to treat adjoining or neighboring dwellings to
your dwelling unit,you may have to pay any lost rental Income and
other expenses we incur to relocate the neighboring residents and
to clean and perform pest -control treatments to eradicate infesta-
tions In other dwellings. If you don't pay us for any costs you are
liable for,you will be In default and we will have the right to termi-
nate your right of occupancy and exercise all rights and remedies
under the Lease Contract, and we may take Immediate possession
ofthe dwelling. lf you don't move out afteryour right of occupancy
has been terminated,you will be liable for holdover rent under the
Lease Contract.
B. Transfers. If we allow you to transfer to another dwelling In the
community because of the presence of bed bugs, you must have
your personal property and possessions treated according to ac-
cepted treatment methods orprocedures established by a licensed
pest -control professlonal. You must provid a proof of such cleaning
and treatment to our satisfaction.
You are legally bound by this document. Please read It carefully.
Resld
slgnea F Dale signed
(Name of Resident)
Dale signed
(Name of Resident)
Dale signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resl derv)
Date signed
You are entitled to receive a copy of this Addendum offerit is fullysfgned. Keep it in a safe place.
02019 TEXAS APAXIM[NT ASSOCIATION, INC. CONrINUEO ON BACK
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
Guardianship Services, Inc.
Aging -In -Place
Meals -On -Wheels, Inc. of
Aging -In -Place
Tarrant County
Meals -On -Wheels, Inc. of
Aging -In -Place
Tarrant County
Girls Incorporated of Tarrant
Children/Youth
County
Training and
Mentorship
United Community Centers,
Children/Youth
Inc.
Training and
Mentorship
Boys & Girls Clubs of
Children/Youth
Greater Tarrant County, Inc.
Training and
Mentorship
Young Men's Christian
Children/Youth
Association of Metropolitan
Training and
Fort Worth
Mentorship
AB Christian Learning
Children/Youth
Center
Training and
Mentorship
Youth Development
Children/Youth
FFortress
Ce
enter, Inc.
Training and
Mentorship
The Presbyterian Night
Homeless
Shelter of Tarrant County,
Services
Inc.
Education and $100,000.00
Housing Counseling
Services
Financial Exploitation $70,000.00
Prevention Center
Home -Delivered $72,006.00
Meals
Transportation $50,000.00
Program
Leadership Program $75,000.00
Educational
Enrichment Program $100,000.00
After School Program $60,000.00
Y Achievers $50,000.00
After School Program $75,000.00
Fortress PreSchool $50,000.00
Moving Home Case $125,000.00
Management
Poverty Reduction Computer Skills
The Ladder Alliance
and Household Training - Next Level
$70,000.00
Stabilization Program
Easter Seals North Texas,
Poverty Reduction
Inc.
and Household Employment Services
$50,000.00
Stabilization
The Women's Center of
Poverty Reduction Working Families
and Household
$50,000.00
Tarrant County, Inc.
Success
Stabilization
Center for Transforming
Poverty Reduction Level Up
Lives
and Household Microenterprise
$45,000.00
Stabilization
ICDBG Public Service Agencies Total
$1,042,006.00
Rehabilitation, Education
Accessibility
and Advocacy for Citizens Accessibility
Improvements for
$125,000.00
with Handicaps DBA Improvements
Low Income
REACH, Inc.
Residents
Accessibility
United Way of Tarrant Accessibility
Improvements for
$50,000.00
County Improvements
Low Income Senior
Residents
Fort Worth Area Habitat for Preserve Aging
Humanity, Inc. DBA Trinity
Cowtown Brush Up
$455,000.00
Housing Stock
Habitat for Humanity
Paint Program
ICDBG Subrecipient Agencies Total
$630,000.00
ITOTAL CDBG CONTRACTS
$1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration, Supportive Services, Short -Term $429,850.00
Center, Inc. Rent, Mortgage, and Utility Assistance (STRMU)
Tarrant County Administration, Facility -Based Operations,
Samaritan Supportive Services, Tenant -Based Rental
Housing, Inc. Assistance (TBRA)
(TOTAL HOPWA CONTRACTS
$1,085,879.00
$1, 515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY
The Presbyterian Night Shelter of Tarrant
County, Inc.
Lighthouse for the Homeless DBA True Worth
Place
The Salvation Army
Center for Transforming Lives
SafeHaven of Tarrant County
ITOTAL ESG CONTRACTS
PROGRAM
Shelter
Operations/Services
Shelter
Operations/Services
Homelessness
Prevention
Rapid Re -Housing
Shelter
Operations/Services
AMOUNT d
$130,220.00
$176, 000.00
$105,535.00
$98,743.00
$70,905.00
$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 Citv Manaaer's Office bv: Fernando Costa 6122
Oriainatina Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785