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HomeMy WebLinkAboutContract 57377-A3CSC No. 57377-A3 AMENDMENT NO. THREE TO CITY OF FORT WORTH CONTRACT NO.57377 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and TS ASSET ENCORE LLC. ("Landlord"), acting by and through Kaylin DelaCruz, it's duly authorized representative, each party shall be individual referred to herein as "Party" and collectively as "Parties." RECITALS WHEREAS, the City entered into an agreement with Landlord for rental assistance for a name tenant, City Secretary Office Contract No. 57377 (the "Agreement"); WHEREAS, the Agreement was most recently renewed from May 1, 2023 to April 28, 2024 ("Second Renewal Term"); WHEREAS, the Parties wish to amend the Agreement to allow for the payment of utility reimbursements to Landlord; and WHEREAS, the Parties acknowledge and agree that the amounts under Section 3.2 "Rent and Amounts Payable by City" must be amended in order to accommodate a change in the tenant's income. NOW, THEREFORE, the Parties do hereby agree as follows: I. AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 1. The Recitals to the Agreement shall be amended by adding the following language: WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and 2. 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 $910.00 per month for the Unit. The City has been notified that the Tenant's Total rent during the First Renewal Term is $1007.00 per month for the Unit. The City has been notified that the Tennnt's Total rent dnring the QPnnnrl R(mf-wnl Term from Mnv 1 707'A and expiring Ap it 7R CSC No.57333 Amendment Three CoFW and TS ASSET ENCORE LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2024 is $1107.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $526.00 of rent per month for the Unit. The Tenant during the first renewal term, shall be responsible for $651.00 per month for the Unit. During the Second Renewal Term, from May 1, 2023 to May 31, 2023, the Tenant shall be responsible for $579.00 per month for the rent. Beginning June 1, 2023 and until the lease expires, the Tenant shall be responsible for $0.00 per month for the rent." During the Initial Term City shall pay $384.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During the first renewal term, City shall pay $356.00 per month for the Unit. During the Second Renewal Term, from May 1, 2023 to May 31, 2023, City shall pay $528.00 towards the Tenant's Total Rent for the Unit. Beginning June 1, 2023 and until the lease expires, City shall be responsible for $1,107.00 towards Tenant's Total Rent. 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. Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the reimbursement has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Second Renewal Term, City will pay no more than $150.00 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. II. ALL OTHER TERMS SHALL REMAIN THE SAME All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. III. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. [THE REMAINDER OF THIS PAGE IS INTENTIONALL Y LEFT BLANK (Signature pagefollow) CSC No.57333 Amendment Three CoFW and TS ASSET ENCORE LLC ACCEPTED AND AGREED: FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: J U l 51 2023 APPROVAL RECOMMENDED Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY: Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 11'd - G, Pew Julie C. Pena (Jun 30, 2023 07:28 CDT) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist CSC No.57333 Amendment Three CoFW and TS ASSET ENCORE LLC FOR LANDLORD: ka'-4-� Kaytlin Delacruz (Jun 29, 2023 19:43 CDT) Name: Kaylin DelaCruz Title: Authorized Representative Date: J U n 29, 2023 ATTEST Name: Jannette Goodall Title: City Secretary Date: J U l 7, 2023 M&C No.22-0569 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX This Lease is valid only iffilled out before January 1 2024. irl►l-.�t�i�l _ rr;xasAr>r�trl�tr;�rrs�oc,,�rlr��1 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 Encore on Mustano Occupants LEASE DETAILS A. Apartment (Par.2) Street Address: i Apartment No. B. Initial LeaseTerm. Begins! 05/01/2023 Ends at 11:59 p.m. on: 04/28/2024 - C. Monthly Base Rent (Par.3) E. Security Deposit (Par.5) F. Notice of Termination or Intent to Move Out (Par.4) $ 1107 $ 0.00 Aminimumof 60 days'written notice of _ termination or intent to move out required at end of initial Lease term or during renewal period - Note that this amount does not D. Prorated Rent include any Animal Deposit, which Ifthenumber ofdaysisn't filled in, notice ofat/east30days $ 1152.00 would bereRectedinanAnimal is required. ❑ due Addendum. - month or ❑ for 2nd month _ G. Late Fees (Par.3.3) Initial Late Fee Daily Late Fee ® 10 96 ofone month's monthly base rent or ❑ 95ofone month'smonthly base rent for daysor ❑ $ ❑ $ for days Due if rent unpaid by 11:59 p.m. on the 3rd (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 nerammal(not = $ r $ 50.00 to exceed $100 per animal) and Notice of 60 days Is required. You are not eligible forearly termination if Adailychargeof$ 10.00 per animal 1. Reletting Charge (Par. 7.1) you are in default. (not to exceed $10 per day per animal) ' - Arelettin charge 9 9 Fee must be paid no later than - days after you give us notice (not to exceed 8596 ofthe highest monthly Rent during the Lease term) lfvalues are blank or"o,"then this section does may be charged in certain default no[apply. situations L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ Cable/satellite $ Trash service $ 10.00 Internet $ Package service $ Pest control $ 5.00 Storage $ Stormwater/drainage $ Washer/Dryer $ Other: Amenity Fee $ 15.00 Other: Reserved Parking $ 45.00 Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas,water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined In separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ (not to exceed $So) to be paid within 5 days of written notice (Par. 3.5) Special Provisions. See Par.32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 1 of 6 ✓I'hlue Moon eSlanature Services Document ID:362493708 1 LEASE TERMS AND CONDITIONS 1. Definitions. The following terms are commonly used In this Lease: 1.1. "Residents" are those listed In 'Residents' above who sign the. Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed inthis Leasewhoare also autho- rized to live in the apartment, butwho do not sign the Lease. 1.3. "Owner" may be identified by an assumed name and Is the owner only and not property managers or anyone else. 1.4. "Including" in this Lease means'includingbut not limited to! 1.5. "Community Policies" are thewritten apartment rules and policies, including property signage and instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. 2. Apartment. You are leasing the apartment listed above for use asa private residence only. 2.1. Access. In accordance with our Community Policies, you'll receive access Information or devices foryour 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 oraccredi- tations associated with the property are subject to change. Rent. You must pay yourRent on or before the Ist day of each month (due date) without demand. There are no exceptions regarding the paymentofRent, andyou agree notpaying Rent on or before the 1st of each month Is a material breach 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 withhold or offset Rent unless authorized by law. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. 3.2. Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. Afterthe due date, we do not have to accept any payments. 3.3. Late Fees. lfwe don't receive your monthly base rent In full when it's due, you must pay latefees as outlined in Lease Details. 3.4. Returned Payment Fee. You'll pay the fee listed In Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees if applicable, until we receive full payment in an acceptable method. 3.5. Utilities and Services.You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents, If your electricity is interrupted, you must use only battery - operated lighting (no flames).You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notify the provider of your move - out date. If you delay getting service turned on in your name by the Lease's startdate or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable forthe charge listed above (notto exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. If your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out. 3.6. Lease Changes. Lease changes are onlyallowed during the Lease term or renewal period if governed by Par.10, specified in Special Provisions in Par.32, or by a written addendum or amendmentsigned by you and us, At or after the end ofthe initial Lease term, Rent increases will become effective with at least 5 days plus the nu m ber ofdaysadvancenoticecontained In Box F on page 1 in writing from us to you. Your new Lease, which may include increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Apartment Lease Contract 02022,Texas Apartment Association, Inc. Automatic Lease Renewal and Notice of Term Ination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as required by Par. 25 and specified on page 1. If the number of days isn't filled in, no- tice of atleast30 days Is required. Security Deposit. The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit wiII be designated in an animal addendum. Security deposits may not be ap- plled to Rent without our prior written consent. 5.1. Refunds and Deductions. You must alve us vour advance notice of move out as orovided by Par. 25 and forwarding_ address in writina to receive a written descriotion and itemized list of charges or refund. In accordance with our Community Policies and as allowed by law, we may deduct from yoursecurity deposit any amounts due under the Lease. If you move out early or in resoomse to a notice to vacate. vou'll be liable forrekevina charaes. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insu ra nce. Our Insurance doesn't cover the loss of ordamage to yourpersonal property. You will be required to have liability insur- ance as specified in our Community Policies or Lease addenda un- less otherwise prohibited by law. If you have insurance covering the apartment or your personal belongings at the time you or we suffer or al lege a loss, you agree to require your Insurance carrier to waive any Insurance subrogation rights. Even if not required, we urge you to obtain your own Insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrences. Most renter's Insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed In Lease Details, (not to exceed 85%of the highest monthly Rent during the Lease term) ifyou: (A) fall to move in, or fail to give written move -out notice as required In Par. 25; (B) move out without paying Rent in full for the entire Lease term or renewal period; (C) move out at our demand because of your default, or (D) are judicially evicted. The reletting charge is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertaln—particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Procedures. In addition to your termination rights referred to in 7.3 or 8.1 below, ifthis provision applies under Lease Details, you may terminate the Lease prior to the end of the Lease term Wall of the following occur: (a) as outlined in Lease Details, you give us written notice of early termination, pay the early termination fee and specify the date by which you'll move out; (b) you are not in default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term.lfyou are in default, the Lease remedies apply. 7.3. Special Termination Rights. You mayhave the right under Texas law to terminate the Lease early In certain situations involving military deploymentor transfer, family violence, certain sexual offenses, stalking or death of asole resident. Delay of 0ccupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, o� a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate the Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. Ifwe give written notice toyou ofa delay in occupancy when or after the Lease begins, you may termi- nate the Lease within 3 days after you receive written notice. If we give you written notice before the date the Lease begins and the notice states that a construction or other delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposit(s) and any Rent you paid. IVI Blue Moon eSiRnature Services Document ID: 362493708 1 Page 2 of 6 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the apartment community because of a Lease or Community Policies violation; Improper use, negligence, or other conduct by you, your invitees, your occupants, or your guests; or, as allowed bylaw, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction. Unless damage or wastewaterstoppage Is due to ournegligence, we're notliable for —and you must payfor—repairs and replace- ments occurring during the Lease term orrenewalperiod, includ- ing: (A) damage from wastewaterstoppages caused byimproper objects in lines exclusivelyserving yourapartmenF (B) damage to doors, windows, orscreensp and (C) damage from windows ordoors leftopen. RESIDENTLIFE 10. Community Policies. CommunityPoliciesbecomepartofthe Lease and must be followed. We may make changes, Including addi- tions, to our written Community Policies, and those changes can be- come effective immediately if the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts in Lease Details. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our solejudgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo Identification or refuses to identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than 7 days in one week without our prior written consent, and no more than twice that many days in any one month.lfthe previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days if you or any of your occupants: (A) are convicted of any felony, (8) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors and Noise. You agree that odors, smoke and smells including those related to cooking and everyday noises or sounds are all a normal part of a multifamily living environment and that it is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach ofthis Lease. You must use customary diligence In maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use ofpassageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance ordrug parapher- nalia; engaging in orthreatening violence, possessing a weapon prohibited bystate law, discharging a firearm In the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others, (b) behaving Ina loud, obnoxious or dangerous manner; Apartment Lease Contract 02022, Texas Apartment Association, Inc. (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; (i) heating the apartment with gas -operated appliances, (j) maki ng bad -faith or false a I legations ag ainst us or our agents to others; (k) smoking of any kind, that is not in accordance with our Community Policies or Lease addenda; (p using glass containers in or nearpools; or (m) conducting any kind of business (including child-care services) in your apartment or in the apartment community —except for any lawful business conducted "at home' by computer, mall, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures ofanykind are allowed, even tempo- rarily, anywhere in tire apartment or apartment community un- less we've given written permission. Ifwe allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals Is a breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Par. 14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death ofthe animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. Ifyouor any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought into your apartment until it Is removed, if an animal has been in the apartment at anytime during yourterm of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and daily animal -violation charges and animal -removal charges are liquidated damages for our time, Inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking ofall motorized vehicles and other modes oftransportation, including bicycles and scooters, in our Community Policies. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that Is not in compliance with our Community Policies. 14. When We May Enter. Ifyou or any other resident, guest or occupant is present; then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, Insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes lfwritten notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. IVI Blue Moon eSignature Services Document ID: 362493708 1 Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1 15.2. Written Requests Requ1red. lfyou or any a ccup ant n eeds to send a request —for example, for repairs, Installations, services, ownership disclosure, arsecurity-related matters — it must be written and delivered to our designated representative in accordance with a ur Comm unity Policies (except for fair -housing accommodation or modification requests or situations involving Imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime In progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, manner, method and means ofperforming maintenance and repairs, including whetherorwhlch vendors to use, are within ourso/e discretion. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other condition that poses a hazard or threat to property, health, or safety. Unless we instruct otherwise, you are required to keep the apartment cooled or heated according to our Community Policies, Air conditioning problems are normally not emergencies. 153. Utilities. We may change or install utility lines or equipment serving the apartment lithe work is done reasonably without substantially increasing your utilitycosts. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part.'Reasonable time" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. If we fall to timely repaira condition that materially affects the physical health orsafety ofan ordinaryresident as required by the Texas Property Code, you maybe entitled to exercise remedies under§ 92.056 and § 92.0561 of the Texas Property Code. lf you follow the procedures under those sections, the following remedies, among others, may be available to you: (1) termination of the Lease and an appropriate refund under 91.056(f); (2) have the condition repaired or remedied according to § 92.0561,,(3) deduct from the Rent the cost of the repair or remedy according to § 92.0561, and4) judlclal remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our sole judgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove your personal property if, in our solejudg- ment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination if we are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease orsub- letyour apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll mw for missing security de. vices that are reauire d by law. You'II oav, for: (A) rekevina that you reauest (unless we failed to rekev after the orev! ous resi- dent moved out): and (8) repairs or replacements because of misuse ordamaae bvvou orvourfamiiv. vouroccunant-(. orvour auests.Youmustpayimmediatelyaftertheworkisdoneunlessstate law authorizes advance payment. You must also pay In advance for any additional or changed security devices you request. Apartment Lease Contract 02022,Texas Apartment Association, Inc. Texas Property Code secs. 92.757, 92.153, and 92.154 require, with some exceptions, that we provide atna cost to you when occupancy begins: (A) a window latch on each window, (B) a doorviewer (peep- hole or window) on each exterior door; (C) a pin lock on each sliding door; (D) either door -handle latch or security bar on each sliding door; (E) a keyless bolting device (deadbolt) on each exterior door; and (F) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the prior residen t moves out. The rekeying will be done either before you move in or within 7days after you move in, as required bylaw. if we fail to in- stall or rekey security devices as required by law, you have the right to do so and deduct the reasonable cost from your n ext Rentpay- mentunderTexasPropertyCode sec.92.165(1). We may deactivate or not Install keyless bolting devices on your doors if (A) you or an occupant In the dwelling Is over55 or disabled, and (0) the require- ments of Texas Property Code sec. 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. lf you damage ordisable the smoke alarm orremove a batterywithoutreplacing it with a working battery, you maybe liable to us under Texas Property Code sec. 92.2611for$100p/usone month'sRent actualdamages,andattorneysfees. 18.2. DutytoReport. You must Immediately report tousany missing, malfunctioning or defective security devices, smoke alarms ordetectors. You'll be liable ifyou fall to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss. Unless otherwiserequiredbylaw,,none ofus, ouremployees, agents, ormanagementcompanles are liable to you, yourguests oroccupantsforanydamage, personafinjury, loss topersonal property, orloss ofbusiness orpersonal income, from anycause, including butnot limited to: negligentorintention- alactsofresidents,occupants,orgueststheft burglary, assault vandalism orothercrimes, fire, flood, waterleaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption ofutilitles, pipe leaks or other occurrences unless such damage, injury or loss is caused exclusively by our n egligence. We do not warran t security ofanykin d. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, any false alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1. As -Is. We disclaim all implied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given an Inventory and Condition Form at or before move -in. You agree that after completion of the form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move o ut. Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed Inside or outside the apartment. Unless our Community Policies state otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood - paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, IV'I' Blue Moon eSianature Services Document ID:362493708 , Page 4 orb cameras, video or other doorbells, or lock changes, additions, or rekeying is permitted unless required by law or we've consented in writing. You may install a satellite dish or antenna, but only ifyou sign our satellite -dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move In, we'll supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs ofthe same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident ofthe apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and Intent to move out under Par. 7.3. All notices and documents will be in English and, at our option, in any other language thatyou read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us toyou ifallowed by law.lfallowed by law and In accordance with our Community Policies, electronic notice from you to us must be sent to the email address and/or portal specified in Community Policies. Notice may also be given by phone call or to a physical address If allowed in our Community Policies. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. EVICTION AND REMEDIES 22. Liability. Each resident isjointly and severally liable for all Lease obligations. If you or any guest or occupant violates the Lease or our Community Policies, all residents are considered to have violated the Lease. 22.1. Indemnification byYou.You'lldefendindemnifyandhold us and ouremployees, agents, and management company harmless from all tiabilityarising from yourconduct or requests to ourrepresentatives and from the conductofor requests byyourinvitees, occupants orguests. 23. Default by Resident. 23.1. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other taws, regardless of whether or where arrest or conviction occurs, (C) you give incorrect, incomplete, or false answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense involving actual orpotential physical harm to a person, or involving the manufacture or delivery of a controlled substance, marijuana, ordrug paraphernalia as defined in the Texas Controlled Substances Act, or (2) any sex - related crime, including a misdemeanor. 23.2. Eviction. ifyou default Including holding over, we may end yourright of occupancy bygiving you 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. Aftergiving notice to vacate or filing an eviction suit, we maystill accept Rent or other sums due, the filing or acceptance doesn't waive or diminish aurright of eviction or any other contractual or statutory rightt. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings. In an eviction, Rent is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rent for the rest ofthe Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and wlII be immediately due if, without our written consent: (A) you move out, remove property in preparing to move out, or you or any occupant gives oral or written notice of intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated ifyou're Judicially evicted or move out when we demand because you've defaulted. Apartment Lease Contract 02022, Texas Apartment Association, Inc. If you don't pay the first month's Rentwhen or before the Lease begins, all future Rentforthe Lease term will be automatically accelerated without notice and become immediately due. We also may end your right ofoccupancy and recover damages, future Rent, attorney's fees, courtcosts, and other lawful charges. 23.4. Holdover. You and all occupants mustvacate and surrender the apartment by or before the date contained in: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term ofthe previously signed lease of a new resident who can't occupy because ofthe holdover, and at our option, we may extend the Lease term and/or Increase the Rent by 25% by delivering written notice to you or your apartmentwhlle you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you will pay us, In addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may recoverattorney's fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear Interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees if you fall to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added ifyou don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus ourattorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives'Authorityand Waivers. Ourrepresentatives (in- cluding management personnel, employees, and agents) have no authority to waive, amend, or terminate thisLease orany part ofit unless In writing and signed, and no authority to make promises, rep- resentations, oragreements thatimpose security dutlesorotherob- Iigations on us orourrepresentatives, unlessin writing andsigned. No action oromisslon by us will be considered a waiverofourrights orof anysubsequentviolation, default, or time or place of performance. Our choice to enforce, not enforce or delayenforcement ofwritten-no- tice requirements, rental due dates, acceleration, liens, oranyother rights isn'ta waiverunderanycircumstances. Delay in demanding sums you owe is not a waiver. Fxceptwhen notice or demand is required by law,you waive any notice and demand for performance from us ifyou default Nothing in this Lease constitutes a walverof our remedies fora breach underyour prior lease that occurred before the Leaseterm begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the owner's lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. 25. Move -Out Notice. Before moving out you must give our represen- tative advance written move -out notice as stated in Par. 4, even if the Lease has become a month -to -month lease. The move -out date can't be changed unless we and you both agree in writing. Yourmove-out notice must comply with each ofthe following: (a) Unless we require more than 30days'notice,ifyou give notice on the first day ofthe month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate the Lease before the end ofthe Lease term or renewal period. (c) Ifwerequire you togive usmore than 3Odays! written notice to move out before the end ofthe Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice.lfwe fail to give a reminder notice, 30 days' written notice to move out is required. (d) You must get from us a written acknowledgment ofyour notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions if they have been provided. Ifyou don't clean adequately, you'll be liable for reasonable cleaning charges —including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Page 5 of 6 10 Blue Moon eSiRnature Services Document ID:3624937O8 26.2. Move -Out Inspection. We may, but are not obligated to, provide a joint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living in the apartment in our reasonable Judgment; or (B) apartment keys and ac- cess devices listed in Par.2.1 have been turned into us —whichever happens first. You have abandoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment, (B) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected In our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the Inside of the main entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. TheEndin9ofYourRights. Surrender, abandonmentor judicial eviction ends your right of possession for all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions, and remove or store property left in the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that In our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occu pant or g uest owns or uses) afteryou're judicially evicted or ifyou surrender or abandon the apartment. We're not liable for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment, or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction maybe kenneled or turned over to a local authority, humane society, or rescue organization. iit��aas i:rt: n m:au tit Luur�i: ieulicraa ir'rtlihi:kjllar�i� 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association for the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable by us (except for property damages); and (8) we may not recover past or future rent or other charges. The above remedies also apply If both of the following occur: (1) the Lease Is automatically renewed on a month -to -month basis more than once after membership In TAA and the local association has lapsed; and (2) neither the owner nor the man- agement company is a member 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 ifTAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severe bllity and Survivability. If any provision of this Lease is invalld or unenforceable under applicable law, It won't Invalidate the remain- der ofthe Lease or change the Intent of the parties. Paragraphs 10.1, 10.2,16, 27 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arlsing under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located, 31. Waivers. By signing this Lease, you agree to the following: 313. Class Action Waiver. You agree that you will not participate In any class action claims against us or our employees, agents, or management company. You must file any claim against us individually, and you expressly waive yourright to bring, represent join or a th erwise main toln a class action, collective action or similarproceeding against us In anyforum. YOU UNDERSTAND THAT. WITHOUT TH IS WAIVER. YOU COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY._ TH E P ROVI S 10 N S OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. 31.2. ForceMajeure. Ifweare prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond our control, including but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions In this Lease. No cash will be accepted. No Personal checks after the 3rd of the month. After 2 NSF checks we will onlv accept certified funds. NO SATELLITE DISH ALLOWED, NO WINDOW A/C UNITS ALLOWED. 3rd LEASE VIOLATIONS WILL BE A NOTICE TO VACATE/EVICTION. Before submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. You are bound by this Lease when it is signed. An electronic signature is binding. This Lease is the entire agreement between you and us. You are NOT relying on any oral representations. ResidentorResfdents (allsign below) eea&i e. ,1/unI& 03/ Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (signing on behalfofowner) Apartment Lease Contract, TAA Official Statewide Form 22-AB-1/8-2 Revised July2022 Page 6 of 6 ICI'blue Moon eSiRnature Services Document ID:362493708 ) M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND Fo RT WORTH Create New From This M&C DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION PLAN CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,124,648.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of $6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus http://apps.cfwnet.org/council_packet/mc—review.asp?ID=3 0122&councildate=8/9/2022 10/3/2022 M&C Review Page 2 of 6 estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\ %, estimated total of $330,793.14. DISCUSSION: The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling $13,124,648.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low- and moderate -income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior year's funding levels. One public hearing was held on April 27, 2022 to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 11, 2022. These funding recommendations were presented in City Council Work Session on June 7, 2022. A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 26, 2022; in the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on July 1, 2022. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 13, 2022, and the second public hearing is scheduled for the City Council meeting on August 9, 2022. A summary of staffs final funding recommendations is provided below in Tables 1, 2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual Action Plan will be submitted to HUD by August 15, 2022. Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 17.29\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be allocated as follows: • Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons • Housing Programs - $4,153,352.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs • Major Projects - $362,010.00: Includes funding for Southside Community Center improvements • Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services and Development Services Departments • Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 3 of 6 Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be allocated as follows: • Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers • Community Housing Development Organization - $707,430.00: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Development Corporation of Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. • Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of permanent supportive housing. • Administration - $321,668.50: Includes costs for administering the HOME grant • Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds be allocated as follows: • Public Service Agencies - $1,515,729.00 • Neighborhood Services Department - $650,000.00 • Administration - $66,981.00 EMERGENCY SOLUTIONS GRANT For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be allocated as follows: • Public Service Agencies - $581,403.00 • Administration - $47,140.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts AGENCY Housing Channel TABLE 1: CDBG AGENCIES CONSOLIDATED PLAN GOAL Affordable Housing Guardianship Services, Aging -In -Place Inc. Meals -On -Wheels, Inc. Aging -In -Place of Tarrant County gin g PROGRAM AMOUNT Homebuyer Education and $100,000.00 Housing Counseling Services Financial Exploitation $70,000.00 Prevention Center Home -Delivered $72,006.00 Meals http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 4 of 6 Meals -On -Wheels, Inc. Aging of Tarrant County gin g -In -Place Girls Incorporated of Children/Youth Tarrant County Training and Mentorship United Community Children/Youth Centers, Inc. Training and Mentorship Boys & Girls Clubs of Children/Youth Greater Tarrant County, Training and Inc. Mentorship Young Men's Christian Children/Youth Association of Training and Metropolitan Fort Worth Mentorship AB Christian Learning Children/Youth Center Training and Mentorship Fortress Youth Children/Youth Development Center, Training and Inc. Mentorship The Presbyterian Night Shelter of Tarrant County, Inc. The Ladder Alliance Easter Seals North Texas, Inc. Homeless Services Poverty Reduction and Household Stabilization Poverty Reduction and Household Stabilization The Women's Center of Poverty Reduction Tarrant County, Inc. and Household Stabilization Center for Transforming Poverty Reduction Lives and Household Stabilization CDBG Public Service Agencies Total Rehabilitation, Education and Accessibility Advocacy for Citizens Improvements with Handicaps DBA p REACH, Inc. United Way of Tarrant Accessibility County Improvements Fort Worth Area Habitat Preserve Aging for Humanity, Inc. DBA Housing Stock 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 Moving Home Case Management Computer Skills Training - Next Level Program Employment Services Working Families Success Level Up Microenterprise Accessibility Improvements for Low Income Residents Accessibility Improvements for Low Income Senior Residents Cowtown Brush Up Paint Program $50,000.00 $125,000.00 $70,000.00 $50,000.00 $50,000.00 $45,000.00 1�$1,042,006.00 $125,000.00 $50,000.00 $455,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 5 of 6 Trinity Habitat for Humanity JCDBG Subrecipient Agencies Total TOTAL CDBG CONTRACTS Housing Opportunities for Persons with AIDS Contracts AGENCY TABLE 2: HOPWA AGENCIES PROGRAM AIDS Outreach Administration, Supportive Services, Short - Center, Inc. Term Rent, Mortgage, and Utility Assistance (STRMU) Tarrant County Administration, Facility -Based Operations, Samaritan Housing, Supportive Services, Tenant -Based Rental Inc. Assistance (TBRA) TOTAL HOPWA CONTRACTS Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY 11 PROGRAM The Presbyterian Night Shelter of Tarrant JIShelter County, Inc. Lighthouse for the Homeless DBA Worth Place The Salvation Army Center for Transforming Lives SafeHaven of Tarrant County TOTAL ESG CONTRACTS $630,000.001 1$1,672,006.00 11 AMOUNT I $429,850.00 $1,085,879.00 1�$1,515,729.00 11 AMOUNT ��$130,220.00� ��$176,000.00� ��$105,535.00� 11 $98,743.00 $70,905.00 II$581,403.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Operations/Services True Shelter Operations/Services Homelessness Prevention JlRapid Re -Housing Shelter Operations/Services Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternative to consider may include staff and program reductions or eliminations. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 6 of 6 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund I Department ' Account Project Program Activity ' Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriqinatinq Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burkley (5785) ATTACHMENTS 19NS 2022-2023 ACTION PLAN 21001.docx (Public) 19NS ACTION PLAN 2022 Aqencv Form 1295 Forms.odf (CFW Internal) Action Plan Budaet-Staff Recommendations Citv Council Work Session 060722.pdf (Public) Secretary of State Aqencv Listinqs 2022-2023.odf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022