HomeMy WebLinkAboutContract 56186-R2A3CSC No. 56186-R2A3
RENEWAL TWO AND AMENDMENT THREE TO CITY OF FORT WORTH
CONTRACT NO. 56186
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth, a home -rule municipality (hereinafter referred to as the "City"), and Heritage Equities INC.
DBA Waterdance Apartments ("Landlord"), each individually referred to as a "party" and
collectively referred to as the "parties."
RECITALS
WHEREAS, on March 30, 2021, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56186 (the
"Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program;
WHEREAS, the was most recently renewed for its first renewal term from January 7, 2022
to January 31, 2023;
WHEREAS, although no lease was signed, the Tenant continue living on the premises
from February 2023 through June 2023; and
WHEREAS, now that a new lease has been entered into between the Landlord and Tenant
and the City can resume providing rental assistance, the Parties agree to renew and amend the
Agreement as described below.
NOW THEREFORE City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional one year -term
beginning July 1, 2023 and expiring June 30, 2024 ("Second Renewal Term"), unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
1. The Recitals to the Agreement shall be amended by adding the following
language:
OFFICIAL RECORD
CSC No. 56186 Renewal Two and Amendment Three CITY SECRETARY Page 1 of 4
CoFW and Heritage Equities DBA Waterdance Apartments FT. WORTH, TX
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 with the following four paragraphs, 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 $960.00
per month for the Unit. The City has been notified that the Tenant's Total Rent during the
first renewal term is $1,032.00 per month for the Unit. The City has been notified that the
Tenant's Total Rent during the second renewal term, July 1, 2023 to June 30, 2024
("Second Renewal Term") is $1,295.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $0.00 of rent per month for
the Unit. The Tenant during the first renewal term shall be responsible for $0.00 of rent per
month for the Unit. The Tenant during the second renewal term shall be responsible for
$0.00 of rent per month for the Unit.
During the Initial Term City shall pay $960.00 towards the Tenant's Total Rent for the
Unit ("City Portion"). During the first renewal term City shall pay $1,032.00 towards the
Tenant's Total Rent for the Unit. During Tenant's renewal term, and until either this
Agreement expires or Landlord is notified by City otherwise, the City Portion shall be
$1,295.00. 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.
Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance 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 $63.00 utility reimbursement per month toward the Tenant's utility
payments, to be paid directly to the Landlord beginning July 1, 2023.
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.
[SIGNATURE PAGE FOLLOWS]
CSC No. 56186 Renewal Two and Amendment Three Page 2 of 4
CoFW and Heritage Equities DBA Waterdance Apartments
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
1st day of July 2023.
FOR CITY OF FORT WORTH:
Name: Fernando Costa
Title: Assistant City Manager
Date: Jul 26, 2023
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
9.,K, cv�
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.
4-41-s (Jul 20, 202316:49 CDT)
Name: Tamara Jones
Title: Neighborhood Program Coordinator
CSC No. 56186 Renewal Two and Amendment Three
CoFW and Heritage Equities DBA Waterdance Apartments
FOR LANDLORD:
Maria Diaz
Maria Diaz (Jul 20, 2023 08:44 CDT)
Name: Mari Diaz
Title: Authorized Representative
Date: J u l 20, 2023
ATTEST:
Name: Jannette Goodall
Title: City Secretary
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Date: J u l 26, 2023
M&C No.: 22-0569
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 4
Exhibit A
Covv of Tenant's Lease
CSC No. 56186 Renewal Two and Amendment Three Page 4 of 4
CoFW and Heritage Equities DBA Waterdance Apartments
P v A This Lease is valid only iffilled out before January 1, 2024.
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 Nchang Boma, Odilia (H) Ngwa Owner Heritage Ecruities Inc. dba
Waterdance Apartments
Occupants
LEASE DETAILS
A. Apartment (Par. 2)
Street Address:
r%
8. Initial Lease Term. Begins:
07/01/2023
Ends at 11:59 p.m. on: 06/30/2024
C. Monthly Base Rent (Par. 3)
E. Security Deposit (Par.5)
i
F. Notice of Termination or Intent to Move Out (Par. 4)
[ 1295.00
$
$ 300.00
Aminimum of 60 days'written notice of i
termination or intentto move out required atend ofinitial Lease j
term or during renewal period
Note that this amount does not
D. Prorated Rent
include any Animal Deposit,
which Ifthe numberofdays isn'tfilledin, notice ofatleast30 days 4
would be reflectedin anAnimal is required. i
$ 1295.00
O due fortheremainder oflst
Addendum.
month or
O for 2nd month
J
G.Late Fees (Par.3.3)
i
Initial Late Fee
Daily Late Fee
0 10 %of one month's monthly
base rent or
of one month's monthly base rent for days or F
p $ 10. 00
O $ 0 .00 for days
Due if rent unpaid by 11:59 p.m. on the
3rd
(3rd or greater) day ofthe month
H. Returned Checkor Rejected
J.Optional Early Termination Fee (Par.7.2)
K. Animal Violation Charge (Par.12.2)
Payment Fee (Par. 3.4)
$ 2570.00
Initial charge of$ 100.00 per animal (not
$ 50.00
Notice of 60 days is required.
to exceed $100 per animal) and
Youare not eligible for early termination if
Adailychargeof$ 10.00 peranimal
1. Reletting Charge (Par. 7.1)
you are in default.
(not to exceed $10 per d ay per animal)
A reletting charge of $ 1092.25
Fee must be paid no later than
days after you give us notice
(not to exceed 85% ofthe highest
If values are blank or"0,"then this section does
man thly Ren t during the Lease term)
not apply.
may be charged in certain default
situations
L.Additional Rent -Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 0.00 Cable/satellite $ Trash service $ 7.00
Internet $ Package service $ Pest control $ 2.00
Storage $ Stormwater/drainage $ Washer/Dryer $
Other: $
Other: $
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par.3.5)
Special Provisions. See Par.32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us.
A artment Lease Contract-Q2022, Texas Apartment Association, Inc. Pagel of6
16/15/
LEASE TERMS ► CONDITIONS
1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents' above who sign
the Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign the Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means 'including but not limited to."
I.S. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with our Community Policies, you'll
receive access information or devices for your apartment
and mailbox, and other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRentonorbeforethe lstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment of Rent andyouagree notpayingRent on
or before the 1st ofeach 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 our prior written
permission. You cannot withhold 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 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. 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.
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 start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable forthe charge listed above (notto exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you.
If your apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name after you move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period ifgoverned by Par.10, specified
in Special Provisions in Par.32, or by written addendum or
amendment signed by you and us. At or after the end ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end ofthe current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intentto move out as required by Par.
25 and specified on page 1. if the number of days isn't filled in, no-
tice of at least 30 days is required.
Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal depositwill be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aive us vour advance
notice of move out as provided by Par. 25 and forwardina.
address in writing to receive a written description and
itemized list of charaes or refund. in accordance with our
Community Policies and as allowed bylaw, we may deduct
from yoursecuritydeposit anyamounts due under the
Lease. If you move out early or in resoonse to a notice to
vacate, vou'll be liable forrekevino charges. 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 paymentjointly payable
to all residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Ourinsurance 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 allege a loss, you agree to require your insurance carrier to waive
any insurance subrogation rights. Even if not required, we urge you
to obtain your own insurance for losses due to theft, fire, flood, water,
pipe leaks and similar occurrences. Most renter's insurance policies
don't cover losses due to a flood.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85%ofthe highest
monthly Rent during the Lease term) if you: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full 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 ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Procedures. In addition to your
termination rights referred to in 7.3 or 8.1 below, if this provision
applies under Lease Details, you may terminate the Lease
prior to the end of the Lease term ifall ofthe following
occur. (a) as outlined in Lease Details, you give us written
notice of early termination, pay the early termination fee and
specify the date by which you'll move out; (b) you are not in
default at anytime 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 mayhave the right under
Texaslaw to terminate the Lease earlyin certain situations
involving militarydeployment or transfer, familyviolence,
certain sexual offenses, stalking ordeath ofa sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate the Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you ofa delay in
occupancy when or afterthe 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.
A16/15/2023
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 pay for —repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (A) damage from wastewaterstoppages caused byimproper
objects in lines exclusivelyserving yourapartment; (8) damage to
doors, windows, orscreensand (C) damage from windows ordoors
leftopen.
RFSIDENTLIFE
10. Community Policies. Community Policies becomepartofthe
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 providerto
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 3 days in one week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
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 of this 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 of passageways, 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 or drug parapher-
nalia, engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner;
(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) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with our
Community Policies or Lease addenda;
(1) using glass containers in or near pools; or
(m) conducting any kind ofbusiness (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykindare allowed, even tempo-
rarily, anywhere in the apartment or apartmentcommunity un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis 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 overto a humane society, local authority
or rescue organization; or return the animal to you if
we consentto 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 payfor
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed.lfan
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
our Community Policies. In addition to other rights we have to tow or
boot vehicles under state law, we also have the right to remove, at the
expense of the vehicle owner or operator, any vehicle that is not in
compliance with our Community Policies.
14. 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 times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Page 3 of 6
15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyouoranyoccupantneeds
to send a request —for example, forrepairs, installations,
services, ownership disclosure, orsecurity-related matters—
itmust be written and delivered to ourdesignated
representative in accordance with our Community 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 of performing maintenance
andrepairs, including whether or which vendors to use,
are within our sole discretion.
15.2. 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.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn offequipment 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 ofthe problem and
the reasonable availability of materials, labor, and
utilities. If we fail to timelyrepair a condition that
materially affects the physical health orsafetyof an
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 ofthe Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(7) termination ofthe Lease and an appropriate refund
under 92.056(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;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove your personal property if, in our solejudg-
ment, it causes a health or safety hazard or impedes our ability to
make repairs.
16.1. Property Closure. We also have the rightto 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 ofthe property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything ofvalue from anyone else forthe 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 pavfor missino securitv de-
vices that are reauired by law. You'll navfor: (A) rekevina that
you reauest (unless we failed to rekev after the previous resi-
dent moved out): and fB) repairs or replacements because of
misuse or damage by you or vour family, vour occunants, or vour
u9 ests. You must pay immediately afterthe 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. 92.751, 92.153, and 92.154 require, with
some exceptions, that we provide atno cost to you when occupancy
begins: (A) a window latch on each window; (8) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door, (D) either a door -handle latch ora security bar on each sliding
door, (E) akeyless bolting device (deadbolt) on each exterior door;
and (F) either keyed doorknob lock or keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. The rekeying will be done eitherbefore you move in or
within 7days after you move in, as required by law. 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 yournextRent pay-
mentunderTexasPropertyCodesec.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 (B) 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. If you damage or disable the
smoke alarm or remove a battery without replacing it
with a working battery, you maybe liable to us under
Texas Property Code sec. 92.2617 for$100 plus one
month's Rent, actual damages, and attorneys fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required bylaw, none
ofus, our employees, agents, ormanagement companies are liable
to you, your guests or occupants for any damage, personal injury,
loss to personal property, or loss ofbusiness orpersonal income,
from any cause, including but not limited to: negligentorintention-
al acts ofresidents, occupants, or guests; theft burglary, assault
vandalism or other crimes; fire, flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipeleaks orotheroccurrences unlesssuch damage, injury orloss is
caused exclusively byournegligence.
We do not warrant security of anykind. 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 ifany
security needs arise.
You acknowledge that we are not equipped ortrained 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 ofthe 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 ofthe 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 ofthe
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless our
Community Policies state otherwise, we'll permit a
reasonable number of small nail holes for hanging
pictures on sheetrockwalls and in grooves ofwood-
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
A artment Lease Contract 02022, Texas Apartment Association, Inc.
1
4 of 6
cameras, video or other doorbells, or lock changes,
additions, or rekeying is permitted unless required by law
or we've consented in writing. You may install a satellite
dish or antenna, but only if you 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 forfixtures we furnish,
including exterior fixtures operated from inside the
apartment; after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. Z3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with 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 orto 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.
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates the Lease or our
Community Policies, all residents are considered to have violated the
Lease.
22.1. Indemnification byYou. You'lldefend, indemnifyandhold us
and ouremployees, agents, and managementcompany
harmless from allliabilityarising from yourconductor
requests to ourrepresentatives and from the conduct ofor
requests byyourinvitees, occupants o►guests.
23. Default by Resident.
10*A11
23.2.
Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
Eviction. If you default, including holding over, we may
end yourright of occupancy by giving you at/east a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability forfuture Rent or
other Lease obligations. Aftergiving notice to vacate or
filing an eviction suit, we maystill accept Rentor other
sums due, the filing or acceptance doesn't waive or
diminish our right ofeviction or any other contractual or
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
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 will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you'rejudicially evicted or move
out when we demand because you've defaulted.
A artment Lease Contract 92022, Texas Apartment Association, Inc.
If you don't pay the first month'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 right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent forthe 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.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe 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 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 if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added 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 our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives' Authority and Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, orterminate this Lease oranypartofit
unless in writing and signed, and no authority to make promises, rep-
resentations, oragreements that impose security duties or other ob-
ligations on us or ourrepresentatives, 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, ortime or place of performance. Our
choice to enforce, notenforce ordelay enforcementof written -no-
tice requirements, rental due dates, acceleration, liens, or any other
rights isn'ta waiverunderanycircumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies fora
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability, or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely byvirtue of acting on our behalf.
END OF
25. Move -Out Notice. Before moving out you must give our represen-
tative advance written move -out notice as stated in Par. 4, even if
the Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day of the month you intend to move
out, move out will be on the last day ofthat month.
(b) Your move -out notice must not terminate the Lease
before the end of the Lease term or renewal period.
(c) Ifwe require you 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. Ifwe fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
Page 5 of 6
26.2. Move -Out Inspection. We may, but are not obligated to,
provide ajoint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rentfor 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable 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.
L GENERAL PROVISIONS AND SIGNATURES
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages), and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
ofthe following occur: (1) the Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when the Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms ifTAA agrees in writing.
Name, address and telephone number of locator service ('If applicable)
29. Severability and Survivability. If any provision of this Lease is invalid
or unenforceable under applicable law, it won't invalidate the remain-
der of the Lease or change the intent of the parties. Paragraphs 10.1,
10.2,16, 27 and 31 shall survivethe termination ofthis Lease.
This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or otherwise maintain a class action,
collective action orsimilar proceeding against us in
any forum.
YOU UNDERSTANDTHAM WITHOUTTHIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY..
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. If we are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions in this Lease.
NO PETS ALLOWED. No checks after the 3rd
of anv month. Residents agree to pav
electric through a provider of their
choice. $7.00 for trash, and $3.00 for
pest fee must be paid with rent payment
on lst of each month. Renter's insurance
is required. Resident will receive a
water, sewer and gas bill must be paid
in office.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease is the entire agreement between you
and us. You are NOT relying on any oral representations.
Resident orResidents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owner or Owners Representative (signing on behalf of owner)
Apartment lease Contract, TAA Official Statewide Form 22-111'8-2 Revised July 2022
ODILIA (H) NGWA FDOC SIGNER
OCIA t IIi 0
SIGNED6n520]a AT 5—M CDT SIGNED 621=3 AT 51SPM CDT
Page 6 of 6
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
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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
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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
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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.
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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 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)
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