HomeMy WebLinkAboutContract 59051-R1A2CSC No. 59051-R1A2
RENEWAL ONE AND AMENDMENT TWO
TO CITY OF FORT WORTH CONTRACT NO. 59051
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth ("City"), and Touchstone Property Management, property manager for 2409 Ridmar
Plaza DE LLC ("Landlord"), each individually referred to as a "Party" and collectively referred
to as the "Parties."
RECITALS
WHEREAS, on March 1, 2023, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 59051 (the
"Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program;
WHEREAS, the Agreement's Initial Term was from March 1, 2023 to February 29, 2024
and allowed for annual renewals upon agreement of the Parties;
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year -term beginning March
1, 2024 and expiring February 28, 2025 ("First Renewal Term") unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
1. Section 3.1 Security Deposit shall be amended and replaced as follows:
3.1 Security Denosit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
CSC No. 59051- Renewal One and Amendment Two OFFICIAL RECORD page 1 of 4
CoFW and Touchstone Property Management CITY SECRETARY
FT. WORTH, TX
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced
as follows:
3.2 Rent and Amounts Pavable by City
3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial
Term is $1,300.00 per month for the Unit. The City has been notified that the Tenant's
Total Rent during First Renewal Term is $1,350.00 per month for the Unit.
The Tenant during the Initial Term from March 1, 2023 to March 31, 2023, the Tenant
shall be responsible for $0.00 of rent per month for the Unit. Beginning April 1, 2023 through
the end of the term, the Tenant shall be responsible for $28.00 of rent per month for the Unit.
The Tenant during the First Renewal Term shall be responsible for $83.00 of rent per
month for the Unit.
During the Initial Term, City from March 1, 2023 to March 31, 2023, City shall be
responsible for $1300.00 of rent per month for the Unit. Effective April 1, 2023, and until the
end of the term, City shall pay $1272.00 toward the Tenant's Total Rent for the Unit ("City
Portion"). During Tenant's First Renewal Term, the City Portion shall be $1,267.00.
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.
3.2.2 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
CSC No. 59051- Renewal One and Amendment Two Page 2 of 4
CoFW and Touchstone Property Management
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than
$0 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to
the Landlord.
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
Landlord's signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due.
Payments for the first month may be somewhat delayed as a result of the registration and initial
set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due.
If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud,
and late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty
(30) days of the day payment is due. If Landlord elects to receive payment by paper check,
under no circumstances shall late fees be assessed against Tenant or City for late payment by
the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
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. 59051- Renewal One and Amendment Two Page 3 of 4
CoFW and Touchstone Property Management
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
March 1, 2024.
FOR CITY OF FORT WORTH:
7;14C4—
Name: Fernando Costa
Title: Assistant City Manager
Date: Feb 22, 2024
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
���ac;�.tL GlJc�c�uicd
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.
Tamara Jo�fes (Feb 21, 202412:20 CST)
Name: Tamara Jones, MSW
Title: Program Coordinator
CSC No. 59051- Renewal One and Amendment Two
CoFW and Touchstone Property Management
FOR LANDLORD:
A4w4�� C444,, z
Aquilit a Chavez (Feb 21, 2024 12:19 CST)
Name: Lina Chavez
Title: Authorized Representative
Date: Feb 21, 2024
ATTEST:
Name: Jannette Goodall
Title: City Secretary
Date: Feb 22, 2024
M&C No.: 23-0631
Page 4 of 4
This Lem is valid only if frl)edout beforejanuary i, 2026
11N VIRIMEN I-MMM'LY1Ir7. Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease" 1 is between you, the residents) as listed below and us. The terms "you" and °your" refer to all residents,
The terms "we," "u5," and "our" refer to the owner listed below.
PARTIES
Residents
LEA 5E DETAI LS
A. Apartment (Par. 7 )
02/20/2025
C. Monthly Use Rent(Par.1)
E. Security Deposit IPar.5) E Notice OfTerminatlon or knisintto Move Out (Par.4)
S 1350.00
S 0,00 A minimum of 30 dayewritten notice of
termination or rntem to mow out required at end of initial Lease
term orduring renewal penad
Mote that rhos amount deoe%not
D.ProratedRam
include anyAnimalDeposirwhich Iffhenumber ufdaysisrr't4Hedin, na(ireofallrasf30days
wouldberef7ected in an Animal if required.
$
due forthe remainderof 1st
Addendum.
month or
❑ for 2nd month
G. Late Fees (Par. 3.31
Initial Late Foe
Gaily Late Fee
0 10 goof one month's manthly base rent or ❑ 96 of one month's monthly base rent for days or
❑ $ 235. 00
❑ S for days
Due if rent unpaid by 11:59 p.m. on the
3rd Ord orgreater)day ofthe month
H.ReturnedCheck OFRejected
J. Early TerminationFeeOption IPar.7_Zl I4.VioiationCharges
Payment Fee Mar. 3.41
$
50 . 00
Animal Violation i Par. 12.2j
NOrice of 60 days is required.
Initial charge of $ 10c,00 per animal {not
Y" ore hoc efigibfe farearly termination if to ex[eed$100 per animal) and
1. Reletting Charge (Par. 7.11
youare in deraulr. A daily charge ol5 10.00 per animak
'isA
resetting €harge of 5 1321 . 75
Fee must bq paid no later than
days after you grve us notice (not La exceed $10 per day per animal)
fnottoeareed83%ofthe highest
monrhlyRent dirwiflgtkLeaseterm)
ifonyuahresornumberaddaysare WMkorV., Insurarice VioliationIMastetLease AddenduFin
may he charged in certain default
fhenthis sectiondoesnota or other sepa ratg a dd enciu m l
situations
5
L. Additional Rent - Monthly Recurring Fixed Charges, You will pay separately forth ase Items Ss outlined below andror in separare addenda,
Special PioyiSions or an amendment to this Lease.
Animal renl $ 25.00 Cabielsatellite $ _ Internet i
PackageseNtce 5 PestCantrol $ 5. 00 Stormwaterldrainage 4
Trashwrvite 5 3.0.00 WasherJOryer S 75. no
Other: Internet and CaLble S 90-00
Other i
Other $
Other: s
M. Utilities and Other Variable Charges, You wiii pay separately for gay, water, wastewater, electricity, trashlrecyding, utility hlllingfee-,and other
Items as ouihned in separate addenda, Special ProvlSigns OF an amendment to this Lease.
Utility Connection Charge or Ttensfer Fee: $ trot to exceed 550) to be paid within 5 days orwritlen nolice (Par.3.S)
N.OtherCharges and Requirements. you will pay separately ter these+tems Or comply with these requirements as aullined in a Master Lease
Addendum, separate addenda or5pp�ial Provisions. Initial Access nerlce:5
AddktionaI or Replacement Access Devices: $ _ Required Insurance Liability Limit 1per occurrencel: S 100000 . DD_
Special Provisions. See Par. 32 or additional addenda attaChed. Tbis Lease cannot be changed unless in writing and signed byyou and us
Aporlmeflt lease Contra[[ aJR0R3. Tnn Ilminment Assmlatio I, Inr. Peg[ I ofG
LEASE TERMS AWCONDITIONS
1. definitions. The following terms are Commonly used in this Lease:
1.1. "Residents" are those listed in'Residents' above who sign
this Lease and are authorized to I Ive in the apartment
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, butwho do not sign this Lease.
1.3. "Owner" may be identified byao assumed name and is the
owner only and not property managers or anyone eke.
1.4. "including" In this Lease means'including but not Iimitedtn'
15. "Community Policies" are thewtitten apartment rulesand
polices, including property sigrtage and instructlons for
camefour property and amenities, with which you, your
occupants, and your guests mustcamply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease Indudesthis document, any addenda and
attachments, Community Policies and Special PriwiSiOnS.
it, Apartment. You are leasing the apartment 11sted above for use as a
private residenceonly.
2.1. Acfess.In accordance withthis Lease, you'll receive access
information or devices foryourapartmentand mailbox, and
other access devices including: _
Z.Z. Measurements. Any dimensions and Sloes provided to you
relating to the apartment are only apprmimations or
estimates; actual dimensionsand sizes may vary.
2.3. RepresentatlohS, You agreethat designations orac€redi-
tations associated with the properly are sub*t to change.
3. Rent. You musepayyourRent anorbefarethe tstactyofeach
month (due date] without demand. There areno exceptlans
regarding the payment of Rent, andyou agrea noe paying Rent an
w before the Ist of fach nioayr is ri material breach of dt(s Lease.
3.1. Payments. You will pay your Rent by any method, manner
and plate we specify in accordance with this Lease.
>Casb is not acceptable without our prior written
Permission. Youcannot withhold oroffset Rent unless
euthorired by taw. We may, at our option, requ ire at any
time that you pay Rent and other sums due in one single
Payment by any method we specify,
3.2. Application of Nyrrients. Payment of each sum due is an
independentcovenant, which means payments are due
regardless of our performance. When we receive money.
other than waterand wastewater payments sutsject to
government regttlatiorl, we mayapply it at our option and
without notice first to anyof your unpaid obligations, then
to a€trued rent. We may da so regardlessof notations on
checks or moneyorders and regardless of when the
Obligations arose- All sums otherthan 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 ore dUni receiveyour monthly base rent in full
when it's due, you must pay tote fees as outlined in Lease Oetaif s,
3A. Returned Payment Fee. You'll paythefee 11sted in Lease
Details for each returned check or te*ted electronic
paymen( plus initial and daily late fees if applicable, until
vee receive full payment in an acceptable meHwd,
3.5. Utilities and Services. Youll payfor all utilities and services,
related deposits, and any charges or feeswhen they are due
and as outlined in this Lease. Television €hanneis that are
provided maybe changed during the lease term It the
change applies to all residents.
If you r electricity Is Interrupted, you must use only battery
operated l ghting ino flames).You must not allow any
utilities (other than cabieor 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.IFyou delay getting serviceturned on in your name
by this Lease's startdate Or cause itto be transferred back Into
our name before you surrender or ahandon theapartment,
you'll be liable For the Charge listed above (notto @>eceed S50
per biINng period), plus the actual or estimated castof the
utilities used while the utility should have been billed to you.
Nyour apartment is indwidually metered and you change
your relail electric provider, you must give us Written notice.
You must payall applicable provider Fees, including arty fees
mCharlge service back Into our name afteryou move put.
3.6. LeaseChanges.Leasechangesareonly allowedduringthe
Lease term or renewalperiod (rgoverned by Par- 10• specified
in 5peclal Provisionsin Pac12, or bya written addendumor
amendment signed byyou and us. At or after the eW of the
initial Leoseterm,ftent increases will became effective withal
least 5daysplus the numberofdays'advanCe noticecantalned
in Bove F on page t in writing from us to you. Your new Lease,
which may Include increased ilentorl-eaew Changes.wli begin
oothe date stated frs any advanca noti- ore provide (without
needing your slgnatute) unless you give us written move -out
notice underl ar.25, which applies Ordyto the endof the current
Lease term or renewal pedod-
AnanmeM (.cue contract atgz3, Texas Apartment Assacat,o,t Inc.
4. Automatk L"Se Renewal and Notic*a€ Terrain a tic in. This Lease
will automatically renew month -to -month unless either party gives
written notiCeOFteFMination or intent to move out as required by Par-
25 and specified on page 1-lftheriumberoldaysisn'tBlfedia, no-
nce of of least 38 days is required.
S. Security beposiLThe total security deposit for all residents is due
on or betore the date this lease is signed. Any animaldeposlt will be
designated in an animal addendum. Security deposits may not heap•
Pied to Rent without our priorwritten Consent.
5.1, Refunds and Deductions. You must aive us vomLkdV&ff&
B41Ice of move out as c rovlded by Par.15 and forwerdlna
@iddress in writfna to rvMjy*0written descriiolonAnd.
Itami"d List of cap_rges or refund. fn accordance with this
Lease and as allowed allowed bylaw, we may deduct from your
security deMhanyamounts due under th1S Leaser d jyM
move out earivorInrwonsetoanarfet.in"{agftypa'!1be
(iab(e forrekevinocharaes. Upon receipt of your move -out
date and forwa,44�g address in writing, the severity deposit
will be retumed Bless IawfuldeduCliQn51with an itemized
accounti ng of any deductions. no later than 30 days after
Weeenderorabandon ment, unless laws provide otherwise.
Any refund may Ise by one payment jointly payable to all
residents and distributed to anyone resident we Choose,
ordistributed equallyamong all residents.
6. Insurance, Ourinsarance dorsrr%;wer the fors o►ordamage to
yourpersofralpraptity You will be required to have liability insur-
anre as specified in this lease unless otherwise prohibited by law. If
you have Insurance covering the apartment Or your personal Wong-
(ngs 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 urgeyou to obtain your Own insurance for
losses due totheft,frre, flood, water, pipe leaksand similar murrenc-
es. Mostienter's Insurance policies don't Cover losses dueto a flood,
7 RektUng and Early Lease Termination. This Lease may not he ter-
urinated early except as provided in this Lease.
7.1. Reletting Chary(. You'll be liablefor a reletting charge as
listed in Lease Detaikr (not to emceed 85%of the highest
monthly Rent during the Lease term) if you: W fa it to move inr
CIF fail lQgive written move -out notice as required in Par, 25•
(R) move out without paying Rent in fullforthe entlie Lease
term or renewal period; (C) move outat outdernignd because
Of your default; or 0 are judicially evicted. The reletting
charge is nota termination, cancellation or buyout fee -and
does not release you fromyour obligations underthls Lease.
Including liability for futurepr past -due Rent, Charges for
damages orother sums due -
The reletting charge is a liquidated amountccvenng only
part of our damages —far ourtime, effort, and expense In
finding and processing a replacement resldent_These
damages are can€erlain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pray
pects, overhead, marketing costs, and locatcu-service fees.
You agseethat the reletting charge is a reasonable estimate
of ourdamages and that tltecharge Is duewhetheror not our
reletti ng attempts succeed.
7.2, Early Lease Termination Option Procedure. In addition to
your tefminaticn rights referred to in 7.3 or 9.1 below, ifthis
provision applies under lease Detail5, you may opttc,
terminate this Lease priorto the end of the Lease term ifallof
uie WlOwingocrur. (al as outlined in Lease Details, you give
US written noticeblearlytefmination, pay the Early Termina-
tion Option fee In full and specify the date by which youll
move out; (b) you are not in default at anytime and do not
hold over; and iQ you repay all+em COiICMSianS, Credits or
discounts you received during the Lease term. if you are in
default, the Lease remedies apply.
73, Special Termination Rights, You rnayhaveWrighf under
Texasiaw to terminate thisleoseear(yin certain situations
(avofrfny mlgrRty drploymenr or transfer, famlly violence,
certahi seriral offenses, stalking or death of a tale resident.
I, Dekyaf Occupancy. We are not responsible Forany delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resfdent's holding over. This Lease wlli remain in fortesubjectto
11i ahatementof Renton a daily basls during delay, and(Z your righl
tc terminatethls Lease in writing as set forth below. Rent abatement
and tease termination do notappfyif thedelay 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 of a delay in
occupancy when or after this Lease begins, you may termi-
nale this Lease within 3 days after you receive written notice.
If we give you written notice before the date this 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 rnayterminate this Lease within
7 days after receiving written notice.
After proper termination, you areentitled onlyto refund of
anydeposit{sj and any Rent you paid.
page 2 orb
9• Carr of Unit and Dam lies. You must pfomptlypay ofieimbvrso us
for loss, damage, consequential damages, govemmemfines oreharg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your ouupants, or your guests; or, at allowed by
law, any other Cause not due to our negligence Orfaultr except for
damages byacts ofGod to the extent they couldn't be mitigated by
your action or inaction,
Unless damage ar wasfewafer s foppdge is due to our negligence.
we're act liable for —and youmust pay for —repairs andreplpce-
ment$ occurring during the lease term or renewal period, indud-
ing:lA) daaroge from wasfewwterstoppages caused by improper
objects in lines exclusively serving yaur apart menf; (a) damage to
doors, windows, orsrreeru and (C) damagefrom windows ordoori
left open.
r
10, Community Pal Icies.CommunffyPolldesbecomrpwtaftfrls
lease dnd must ire followed. We may ma ke cha nges, including add i-
Gun i, t0 our written Community Policies, and those changes tan be-
come effective mmedlately if the Community Pollc les are distributed
and applicable to all units in the apartment communityand do not
change the dollar am punts owed under this Lease-
10.1. Plnoto)Video Release. You give us winissianto 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.
t0.2. Disclosure of Information. At our sole option, we may,
but are notobligated to, share and use information related
to this Lease for IaWenfcFcLment, governmental,4r business
purposes- At our request, you authorizeany utility provider to
give us Information about pending or actual connections or
distonnections of utility service toyourapartment.
10.3. Guests. We mayexclude from the apartment community
any guests or others who, in our sole judgment. have been
violating the law, violating this Lease or ourCommunity
Polldesr or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area of common area anyone WhO refusestoshow
photo identification or refuSeS to identify himself or
herself as a resi&ntr an authorized occupant, of A guestof
a specific teSldent in the community.
Anyone not fisted in this Lease cannot stay in the
Apartment for more than —
sent, and no more than twice
that many days in anyone month. If the previous space
isn't filled in, 2 days total per week will be the limit,
10.4. NotkeOfContridiarssand Registration.You MUst
notify us with in 15 days if you orany of your occupants,.
(Al are convicted of any felony, (8) are convicted of any
misdemeanor involving a controlled substance, viorenceto
another personr or destruction of propertyr or (C) register as a
sex offender.IWorming us of a CFIrmnaI conviction or
sexaFfendefregistration doesn t waive any rights we may
have against you-
10.5. Odors, Noise and{onstruction. You agree that eoors
and smells frnduding those relatedtocooking),
everyday noises of sounds related to relaair, renovation,
improvement, or construction in orarc and the property
are all a normal pan of a multifamily living environment and
that it is impractical for usto prevent them from penetrating
your apartment.
11. ConduCt.Ypu agreeta communkate 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 pf u nrawful, discourteous or unreasona ble commu nication 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 of littering the
common area5.7rash must be disposed ofat least weekly. You will
useyoue apartment andailother areas, including any balconies. with
reasonable care. We may regulate the use of passageways, patdos.
balconies, porches, and activities in common areas.
11.1. Pfaiiiblted Conduct. Your your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activil ie5;
lai criminal conduct; manufacturing, delivering, or
Possessing a controlled substance ordrug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; disclurging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
orother weapon in the common area, or in a waythat
may alarm others;
(b) be Ina loud, obnovious or dangerous manner;
id daturbingvrthreatening the rights comfort, health, safety,
orcanvenience of others. including us, ouragents. m our
representatives;
(it) disrupting our business operations;
(e) storing anything in Closets containing water heaters or
gas appliances:
(fl tamperfngwith utilities orTelecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
Ih) using windows for entry or exit;
(p heating the apartment with gas, -operated appliances;
G) making bad• ailth or false allegations against us w our
agents to others;
I* smoking of any kind, that Is not in accordance with this
Lease-
(1) using glass containers in as near pools; pr
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
Community—emeptfof any lawful business
conducted "at home" by computer, mail, or Leiephone if
customers, clients, patients, employees or other
business assoeiate5 do not come to your apartment
for business purposes.
Animal$- Alo living creatures of any krrrd are allowed, even tempo-
roril y, onywhere In fh p apartmenr Pr aparrmen t Community un-
less we're given written permission. If we allow an animal, you must
sign a separate Artlmal Addendum and, except as setforth in the ad-
dendum, pay an animakdepoot and applicable fees and additional
monthly rentr as applicable, An anima{ deposit is considered a gener-
al security deposit. You repiemntthat any requests, statements and
representations you maker including those foran assistance orsup•
port animalr are true, accurate and made in goodfaith. Feeding stray,
feral or wi Id animals I$ a breach of this Lease.
12.1. Remaval of Vnautharized Animal. We may remove an
unauthorized animal by (il leaving, in a CoMpiwdus
place in theapartment, a written notice af our intent to
remove the animaiwithin 24 hours; and (2) followinglhe
prueedures 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 Con Sent to your request to keep the animal and you
havecompreted and signed an Animal Addendurnand
paid all fees- When keeping or kenneling an animal, we
won't be liable for loss, harm. Atekne55r or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or ourCommunity Policies, you'11 be subjectto
chargesr damages, eviction, and other remedies
provided In this Lease, including animal vioration Charges
listed in Lease Details from the date the animal was
brought Into your apartment until it is removed, It an
animal has been Jn the apartment at any time during
your term ofoccupancy (with orwithout our consent),
we'lltharge you far all cleaning and repair casts,
including deflecting, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are IlgOdated damages forour time,
infnn-1 enCe, and o- Tlriead in enforcing an imar
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We mayreguiate the
time, manner, and place of parking of all motorized vehldes and
other modes of transportation, including bicycles and SCaatersr In
this Lease- In addltipn to other rights we have to tow 4r boot vehicles
under slate law, vvealso have the right to remove, at the expense of
the vehicle owner or operator, arry vehicle that Is not In wmpliance
with this Lease.
14. When We May Enter.IFyou orany other resident, guest or occupant
is present, then repairor service persons, €ontractorsr law officers,
government representatives, lenders, appraisers, prospective resi-
dentsor buyers, insurance agents, persons authorized to enter under
your fentaJ application, orour representatives may peatefullyenter
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 reasonabletimes (by breaking a window -or other means
when necessary) for reasonable business purposes if written notice of
the entryis left in a conspicuous place in the apartment immediately
after the entry, We are under no obligation toenter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
ltpartmeirt Lear Canuxf OZD4 iemas Aparimenr ■nocietion, Inc Page 3 ai 6
15. Requests, Repairs and Malfunctions.
15.1. Written, Request5Required. ffyouorany oreupatteneeds
to sendarvquesr—forelratnpfe, for repairs, Installations,
services, ownershlpdfsciasure, orsecursry•tefatedmatters—
itmmf bewr1ffen onddeliveredra ourdesignated
representativein attordarme with this Least (except for
fair-housimg accommodation or modification requests or
Situations involvingImminent dangerorthteatsto 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 urxfer this Lease. A request
for maintenance or repair by anyone fesiding In your
apartment constitutes a request from all residents. Thettme,
manner, method and mepnsofperforntingraWriterrunce
and repairs, lnchrding whether orwhlcb vendors to use,
art wlthfrt aursofe ducretion.
15.2. Yauf "ulrementto Notify. You must promptly notify us in
writing of air conditioning or heatimg problems, water leaks or
MIsturer mold, electrical problems, maNunctioning lights,
broken or missing I0ckS Or latch es, or any other condition that
p❑sesa haaard or threat to property, health, ❑r safety, Unless
We instruct othetwisP, you are required to keep the
ajaait,nent CoaW or heated according to this Lease. Air
condnianing problems are normally not emergencies,
153, Utilities. We may change or install utility ones or
equipment Serving the apartment If the work is donne
reasonably without substantially Increasing your
utlllty costs. We may turn affequipment and Interrupt
utilities as needed to perform workor to avoid
property damage orother emergencies. If utilities
malfuftction or are damaged by fire, water, ormonilar
cause, you must notify our representative Immediately,
15A. Your Remedles, We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking Into Consideration when casualtyimurance
proceeds are received- Unless required bystatute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole of In part, `Reasonable time
accouftts for the 5eyerity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. Nwefall to timely repair a eanditlon that
materra)fyof etsthephysicaiheakhorsafefyofan
ardinary resident as requa e a by the Texas Property Code,
you maybe entitled to exercise remedies under 4 91.oSd
and* 92.0561 of the Terns Property Code. ll yop fof low
the procedures under those sectlans, the following
remedies, amongorhers, may be available foyiw,
0) termination ofthis tease ondan appropriaterefund
under92.o56(f); (2) have the condition repairedol
remediedaccording to 4 92.0561; (3J deduct from ffie Rent
the cost of fhe repair w rernedy according to 4 92.0561;
and4J%udicr7l remedies according to § 92.pS63,
111. Our Right toTerminatefor Apartment[ommunity Damage or
Cloture, If, In oursolejudgment, damagesto the unit or building are
significant or performance of needed repairs poses a dangerto your
we may terminatethis Leaseand your right to possession byglving
you at least 7 days' written notice. lf termination occursr you agree
well refund only prorated rent and all deposits, minus lawful deduc•
lions. We may remove and dispose of yourpersonal property If, in
out sale Judgmentr it causes a health or safety hazard or impedes out
abglty 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 weave
demolishing yourapaetrnent or closing itand 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- A"rinsentsand 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 ofyourapartment toanyone else unless other-
wise agreed to in advance by v5 in wiiting.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 fist any part of your apartmem on
any lodging orshort-term rental wehsite or with any person or ser-
vice that advertises dwellings for rent -
IS. Security and Safety Devices. Wg'11 lw farmissinn writ
yde
vices thatare required by law. You'll aavfmrs iql reiee�r�hat
yuu request iun�ess wefailtdt0 rekey aftw kfys nrevivus rtsrest_
dentmoaedouti:and f8lnpairs or relk kS@ments.bgQwj of
mmilus st( Obalneby yQuor YggrfilMilYyour krnt5.8r Your
gsrsfrlL.You must pay immediatelyafter the work i5 done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request,
Texas Property Code secs. 92.151, 92. tS3, and 92.1s4 regnlre, with
same exceptions, that we provide atno cast toyau when occu panty
begins: (AJ a wlnd.wlgtchon each window; (8)a duorvrewer(peep-
hak or window) an each exterior door, {[J a pin lock on each sffding
door; (0) either a door -handle latch or a security bar on each sfldlng
door, f+cJ a keyless boltingdeWce (deadbalt) an each exterkay doar;
and (r) er'thera keyed doorknob tack or a keyed deadbokt lock on
one eatry door. !(eyed rocks wlf i be rekeyed after the prior resident
moves out. Thett*eyingwili be done titherbefore you move in or
within 7 days after you move in, oS required by law. !f we fail to in-
stafr or rekey security devices as required by low, you have the right
to do so and deduct the reasonable case from your next Rent pay -
men r under Texas Property Code sec. 92.1650). We may deactivate
ar not install keyless baking devices an yaur doors if (A) yam or an
occupant in the dwelling is over 55 or disabeed, and (8) the require-
ments of Texas Pmperty Code sec. 92.153feJ or (f)are 5atisfred.
18.1. Smoke Alarms and Det"tlon 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 possesp on pf your
apartment. U pan request, well provide, as required by
law, a smoke alarm Capable of alerting a person with a
hearing impakmeM.
You must pay for and replace batteries as needed,
unlessthe law provides otherwise, We may replace dead
or mi5Sl4g batteries at your expense, without prior notice
to you. Neither you nor your guests oroccupants may
disable alarms or detectors, ffyou damagew disable the
smoke alarm ar remavt a battery withoWr repracing it
with a wanking battery, you maybe liable sous under
Texas Property Cdde sec. 92.2611 far S loo plus one
mon rh's Rent, actual damages, and attorney's fees,
18.2, Duty to Report. You must immediately report to us any
HNSS1n q, malfunctioning or defective security devltes,
smoke alarmsor detectors. Yo0i be liable if you fall to
report makfunCli6ns, orfail to reportany loss, damage, or
fines resulting from fire, smoke, or water,
19. Resident5afetyandLoss. Unless atherwiserequindby low, none
afus, our employees, agents, ormonggen errt carnpanres gee liable
ray014yoar9uesrs oroccupants fwanydomage,persanalinjury,
Joss ropersonalpropem y, orfoss ofbusiness arpemanalincarrrg
from any cause, including butnot limited ro: ndpiigen t or intenflan-
WOV501'Widenfs, occupants, orguests; theft, burginry, a'ssaug,
vandalism ar other crimes; fire, Rood, water leaks, rainy harry ice,
snow, smoke, lightning, wind explosions, Interruption of utilities,
Opelooks oratheroccarrencesunless suchdomage InjuryorJossis
caused excfusivery by our negligence,
Wedo not warrant security ofanykind. YOu agreethat you will not
rely upon any Security measures taken by us for persOnai security,
and that you will call 911 and locai law enforcement authorities if aryl
security needs arise.
You acknowledge that we are not equipped of trained to provide
personal sKurlty Services to your your guests or occupant. You rec-
pgolze that we are not required to provide any private security ser-
vices and that rlo securitydevleesor measures on the property are
fail-safe- You further acknowledge that, even If an alarm or gate ame-
nitles are provided, theyare mecharilcaldevlt" that can malfunc-
tion. Anycharges resulting from the useof an intrusion alarm will be
charged toyou, including, but not limited to, any false alarms with
policelfirelambulance response or other required cltycharges.
20. Condition aft hePremisesandAlterations.
20.1. As-Is.We disclaim all implied warrantms. You accept the
eipartmerttr fixtures, and fumiture 05 is, except for
conditions materially affecting the health or safety of
ordinary persons. You'II be given an inventory and
Condition Form at or before move -in. You agretihat
after completion of the form orwithin 411houw5 after
MOW-ln, Whichever comes first, you must note on the
form all defects Or damage, sign the form, return Itto
us, and the form accurately eefleCts the cond Itlon of the
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition- You roust still send a separate request forany
repairs needed as provided by par. 15.1.
20.2. Standards and Improvements. Unkss authorized by
law or by us in writing, yo u must not perform any repai rs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No hales orsticksrs are
allowed inside or Outside the apartment. Unless this Lease
States otherwise, we'll permit a reasonable numberofsmall
nail hoiesforhanging pictures on sheettack wallsand in
grooves of wood -panelled walls. Na water furniture, washing
machlnes, dryers, extra phone or television outlets, alarm
Systemsr cameras, two-way talk device, video or -other door-
r,panma,t Lease [antrast u�aza, Texas Aprrtment hsie�iriioq Inc. Page 4 or 6
bells, or lock changes, additions, or rekeying is permitted
unless required by law orwe've consented in writing. You may
installa satellite cosh orantennar but only ifyou sign our
satellite dish or antenna lease addend um, which complles
with reasonable restrictions allowed byfederal law. you must
not alter, damage, or remove our property, including alarm
systems, detection devices, apptlances, fumiture, telephone
and television wiringr screensrlocks, or security devices. When
you move in, well supply light bulbs for fixtures we furnish. in-
duding exterior fixtures operated from inside the apartment;
afterthat, you'l replacethem at your expense
with bulbs of the sametype and wattage.Yaur improvements
to the apiNflMent (made with orwithoutow consent) become
ours unle5swe agree otherwise in writing.
21. Notices. Written notice to or from Our employee5, agenh, OF
management companies constitutes notice to orfrom us. NotlCesto
YOU of any other resident of theapartmer t 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 inter•t to move out under gar. 7.3. All noticesand documents will
be in English and, at our option, in any other ianquage that you read
Orspeak-
21.1. Electronic Notice. Notice may be given electionlcallyby
us to you if allowed by law. if allowed by law and i n
accordance with this Lease, elec tropic notice from you tv as
must be sent to dwomail address and/or portal specified in
this Lease. Notice may also be given by phone CaPOr W a
physical address if allowed in thls Lease -
You represent thatyou have provided your Current email
address to us. and that you will notify us In the event your
email address changes.
EVICTIONr REMEDIES 24.
22. Ltablllty, Each resident isjolntly and severalty liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, ail residents are considered to have violated this
Lease.
22.1. I %.... byYau_ ftldehu"indemrd rarxlholdus
and our employees, agents, and radnagemenf compvrry
harmless from aflliabifity arislag from your conduct pr
requests to our represenlatives and from the Conduct of or
requests hyyotrrinvitees, occupants or guests,
23. Defaultby Resident.
23.1.
23.2.
Acts of Default. You'll be in default if: W ypy don't
timely pay Rent, including manthty recurring charges, or
other arekaunts you owe; $) you or any guest or
occupant violates this lease, our Community Polities,
or fire, safetyr heakh, criminal or other law5, regardless of
whether or where arrestor conviction occurs; (C) you
g.ve incorrect, incomplete, orfalse answers in a rental
application or in this Lease; or {D) you or any OCcupant is
charged, detained, Convicted, orgiven deferred
adludicationor pretrial diversion for 11) an offense
involving actual or potential physical halm to a person, or
nvolving the manufacture or delivery of a Controlled
substance, marl)uAnar or drug pat aphemalia as defined
in the Texas Controlled substances Act, or (2) any sex -
related crime, inckid'ing a misdemeartor-
Evittion.liyouddault, fncludfnghahiing ever, wemay
end yaurright ofoCCuponcy by giving you at Iros t o 24-
hour written nadce tovacafe. Termination of your possession
righls doesn't release you from liabllityfar future Rent or
other L-5e obstgatlons. After giving notite to vacate or
filing an evwotion suit, we may still accept Rent or other
sums due; the filing or arceptartte doesn't waive pr
d/minksh our right of eviction w nay oilier CVntrartuaf or
atdfatoryright. Accepting money at any time doem't waive
our right to damages, to past or future Rent orother sums,
or to ourcontinuing with evictlon proceedings, In an eviction.
Rent is owed for the full rental period and will nvt be
prorated.
23.3. AcceteraHon. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the tease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due e, without our wntten consent: (A) yogi
move out, remo re property In preparing to moveout.
or you or any occupant g Ives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (8) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when wedemand because you've defauked.
If you don't pay the firstmonth's Rent when orbefore this Lease
begins, all futureRent for the Lease term will be automatlratly
accelerated without nobta andbecomeimmediately due. We
also may end your right of occupancy and re4ive+damages,
future Rent attoreWs fees, court casts, and other lawful charges-
23.4. Holdover. You and all occupants mustvacate and surrender
the apartment by or before the date contained in, {l) your
move -out notice (2)our notlee tovacm, (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
Fos an Rent for the full term of theprr:viously signed lease of a
nett+ resident who ca n't oceupy because of the holdover, a Rd
at our option, we may extend the Lease terra and/or increase
the Rent by 25%by depvering written naticetOyou or yout
apartment while you continue to holdover.
23.5. other Remediet. We may report unpaid amounts to
Cred it agencies as allowed by law. It we or our debt
collector tries tocolleccarty moneyyau owe us, you
agree that we or the debt collector may contact you by
any legal means- If you default, you wlll pay us, in addition
to other sums duer any rental discourds w Concessions
agreed to in writing that have been applied to your accouhl,
We rnay recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest atthe rate provided by Texas Finance Code Section
304.003lc) from the due date. You must pay all collettion-
agencyfees ifyou failto pay sums due within lOdays after
you are mailed a letter demanding paymentand stating that
collection -agency reeswill be added if you don't pay all sums
by that deadline -You are also liable for a Charge IFHAW
exceed $150) to rover our timer cast and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and Ning fen actually paid.
Representatives' Authority a nd 1Hrrivers. bur representoiives
cfudtrrg management t personnel, employees, and aganss) /cave no
aurhadry[o waive, amend, artermirm[rthisLeaseoranypaAafif
uniess:;owritinyand signed. and no authority to makepromises, rep-
resenta tines, or agreements that impose security duties ar other ob-
lfgatioris onus ar ourrepresentatiwes, unless In writing andsiyaed.
No action oromission byus willbecomidered a waiver oFournghtsor of
anysubsequent wilation, defauk. Ortimeorplaceofperforrnance. boor
choketoeworce, not enforceordelayenfdreemenfafwri[ten r a-
tice requirements, rentaf due dates, acceferadok funs, or any other
rights isn t p waiverunder any circumstances. Delay•n demandinq
sums youowe is ncrra waiver- ExCept when noticeordemand isrequrred
by law, you waive any notke and demandfor performance from us if you
default. Nothing m this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease issubordinateto existingandfuturerecorded mortgages, tin -
less the owner's lender chooses otherwise.
All remedies ate Cumulative. Exercising one remedy won'/ constitute
amelection or waiverofother remedies. All provisions regarding our
ne,Aabi@tyor nonduty apply to our ernployees.agents, and rnanage-
ment companies. NO employee, agentr or management company is
personally liable for any of ouetontractual, statutory, or otherobligo-
tiom merely by virnwof acting on our behalf.
r OF
25, Mow-outNatice.Before moving out, you must g(veour represen-
tative advance written move-aut notice as s rated in Far. 4, eVea rf
this Lease has become month-ta-month lease, The move•out date
can't be changed unless we and you both agree in writing.
Yaurmove-out notice must rarrrply with each of the fallowing:
(a) Unless we require more than 30 days' noticer If you give
o4ce on the first day of the month you intendto move
out, more out will be on the last day of that month.
(b) Your move -out notice must riot terminate this Lease
before the a nd of the Lease term or renewal perlod.
Ic) If we require you to give us more than 30 days' written
noticeto move out before the end of the Lease terror 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 -put notice. If we fall to 9ivea reminder
notlte, 30 days'wrltten notice to move out is required.
(d) You must get form us a written acknowledgment of your
notice.
2& Mevve-Out Prpcedutes.
2&1. Chating. You must. thoroughly deanthe apartmentrincluding
doors, windows, furniture, bath,00m5, kitchen appliances.
patios, balconies, garages, Carports, and storage rooms. You
must followmove-out cleaning instructions Jf they have been
provided.IFyou don't clean adequately, youll be liable far
reasonable cleaning cha rges—including charges for c leaning
carpets. draperies, furniture, wallsr etc that are soiled beyond
Apartmrnt Ins Page 5 of 6
nomtal wear ithat is, wearer soiling that occurswirhout
negligence, carekssness, acclderK or abuse)-
26-2 - Mona -Out inspection. We may, but are net obligated to,
provide a joint move -put inspection. Our representatives
have no authority to bind orlimit us regarding deductions for
repairs, damages, or charges- Any staterremsor estlrllates by
us or our representative are subject toaurcorrection, moth- 31.2.
ficatlnnr or disapproval beforeftnai accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the mare -outdate has passed and no one is living in the
apartment In our reasonable judgment; or{B} apartment keys and ac-
cess devices listed I n Par. 2.1 have been turned in W us --whichever
happens lust.
You have abandanedthe apartment when all of the following have
occurred: (Aj everyone appears to have moved out in our reasonable
judgment; (8) you've been In default for nonpayment of Rent for 5
consecutive days, OF water,gm, orelectrlcservice far the apartment
not connected in our name has been terminated or tran 5ferred; and
(C) you've not responded for 2 daysto our notice left on the inside of
the main entry door stating that we consider the apartmentaban-
doned.An apartment is algp considered abandoned 10 days after the
death of a sole resident.
27,1. The Ending of Your Rights, Surrender, abandonment, or
}udieial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet theapartment,- determine any security -deposit
deductions; and remove OF store property left in theapattment.
27.2. Removaland Starageafproperty, We, or law oMrE?r5, may —
but have no dutyto—remove orstoreall prppertythat M our
solejucigment belongs toyou and remains In the apartment
Orin common areas (including any vehicles you orany
occupantor guest owns or uses) after you're Judicially evicted
or if you surrender or abandon the apartment.
We'renotHafikbreasualty,loss damage arthert. you
must pay reasonable charges for our packing, removing and
staring any property.
Except for animals, we maythrowaway orglve to a charitable
organization all personal property thatls
(1) left in the apartment aftersurrender or abandonment; or
(7} left outside more than 1 hour after writ of possession is
executed, following J ud trial eviction.
An animal removed after surrender, abandonment, of eviction
may he kenneled orturned aver to a local authgrity, humane
society, or rescue organization-
• r
20. TAAtrtemberAip. We, the management company repre5snting us,
or any Locator service that you used [anfrrms membership In good
Standing ofboth the Texas Apartn*m Association and the affiliated
local apartment association for the area where the apartment is
located at the timeof Signing this Lease. If not, the fallowing applies:
(A) this Lease is voidable at your aptipn and is unenforceable by us
(except for property damages); and (6) we may not recover past or
future lent or other charges. The above remedies also apply if both
of the following occur f1) this Lease 15 automatically renewed on a
month-1:4-month basis more than once after membership in TAA and
theiocalassodatien has lapsed; and M neither theownwnar theman-
agementcompany is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association dttestingto nonmembership when this Lease
or renewal was signed Mil be conclusive evidence of nonmembership.
Govemmental entities may use TAA forms if TAA agrees in writing,
Name, address and telephone number of locator service iif applicable};
29. SeMaWlity and Survivability. fany provision of this Lease Is invah
id orunenforceabte under applicable law, it won't invalidate the re-
mainderof this Lease Or change the intent of the parties. Paragraphs
1-0.1,10.Z lfi, 22.1, 27,39 and 31 shall survive the termination of
this Lease.Ihis Lease binds subsequent owners,
30. Controlling Law,Texas lawguvems this Lease. All litigation arising
under this Leaseand all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located,
31. Waivers, Bysignirig this Lease, you agree to the Following;
31,1, Class ACtlon Waiver, You agree thatyou will not participate
in any lass action claims against us arour enipbyees, agents,
or managementcomparsy. You must file any claim against us
indlvrdually, sad ypu expressly waive yourright tobring,
rgnresen[, J�lr} nr ether W lSe main tQin a Cioss action,
tofsective octlon a simiforpruceeding Against us in
any forum.
YOU UNDER STANDTHAT. WITHOUT TH15 WAlyi;3 _you
COULD BE A PARTY IN A CL,a55 ACTION LAMO$UIT. By
51Gtiil'jt5T115 LEASE- YQU ACCEPT THt$ WAIVER ANO
E IQt ET0 VEANY €LA M5 &DDE0INOIVIQU&�Y.
THE RROWSIONS OF THIS PAt A5gAPH SHALL SWW VE
THE TERMINATIpti flR E]tPWn0N OF THISLFASE.
Force Nlajoure.lf We are prevented Romcompleting substan-
tial performance of any obligation under this Lease by
occurwres thatare beyond orrrcantrol, including but
not limited to, an act of .trod, strikes, epidemics, war, acts of
terrorism, riots, floed,fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused From any
further performance of obl igatlons to the fujlest extent
allowed by taw.
32. Special Provisions. Tate following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of tfi is
Lease and supersede any conflicting provisions in this Lease.
&iesident is re"gnsible to vav for
crtilitles, Plus cable and int*rnet of
$90.00 per nsonth, —
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 h is signed. An electronic signature is
binding. This Lease, including all addenda, is theentimagreernent
between you and us. You agree that you are NOT relying on any
oral re presentations.
ResMen t or Residents {oil s qf? beloM
(Nameof Residers;} Date
(Name of Resident) bate signed
(Name pf Resident) Date slg ned
(Name of Resident) Date signed
r wrnerorUwneY srrrtatlre (signing on beha lotT31-
A Partment Lease CoraracI, thA Offidal s0*Mda Farm 23-AIB-11&2 pe.lretl orfober 2g2i Page 6 gf 6
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 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 of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 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 $13,552,621.00 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 2023-2027 Consolidated Plan and 2023-2024 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 an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
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' Community Development Block Grant funds
for the City's Priority Repair Program;
5. 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;
6. 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 2023-2024 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;
7. Authorize the City Manager or his designees 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;
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8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000,00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED I GOAL
(Promote Affordable Housing (Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
l
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement nhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
Aging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
Ilarchitectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve
permanent housing
(Healthy Living and Wellness ��health
Support programs and services to improve the mental and physical
of low -to moderate -income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 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
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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.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 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 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
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 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% 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.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $3,910,000.00: 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 - $636,610,00: Includes for multifamily rental rehabilitation
Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
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Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $490,667.85: 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 Housing Channel for multifamily housing
development in southeast Fort Worth. 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.
Community Housing Development Organization Operating - $45,000.00:
Major Projects - $2,000,000.00: 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 ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration - $327,111,90: 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 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
AGENCY
r
BChristian Learning
enter
(Boys & Girls Clubs of
Greater Tarrant County,
Camp Fire First Texas
Cancer Care Services
TABLE 1: CDBG AGENCIES
IICONSOLIDATED PLAN
GOAL
Children and Youth
Services
Children and Youth
Inc. Services
Children and Youth
Services
Healthy Living and
Wellness
Easter Seals North Texas, Economic
Inc. Empowerment and
Financial Resilience
PROGRAM II AMOUNT
Out of School Time
$78,218.00
Program
Youth Development
$70,000.00
at Eastside Branch
Teens In Action
$50,000.00
Cancer Care
$50,000.00
Services
Employment
Services $60,000.00
Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00
County Services II
Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001
I i i u i
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Housing Channel
(Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals -On -Wheels, Inc. of
Tarrant County
NPower Inc.
The Ladder Alliance
The Women's Center of
Tarrant County, Inc.
Promote Affordable
Housing for Renters and
Owners
Children and Youth
Services
Children and Youth
Services
Aging In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Housing Counseling
& Education
l Cradle to Career II
Initiative
ItMaroon 9 Teen
richment Program
(Nutrition Program II
"Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
Development
Employment
Solutions
$111,000.00
$25,000.001
$25,000.00I
$75,000.00I
$25,000.00
l�M
$75,000.00
Holistic Educational
(United Community Centers, (Children and Youth ��Literacy
$125,000.00
Inc. Services Program
JCDBG Public Services Agencies Total
II$1,049,218.001
Rehabilitation, Education
and Advocacy for Citizens Accessibility Project Ramp
$165,000.00
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for Housing Preservation
Humanity, Inc. DBA Trinity Cowtown Brush Up
$455,000.00
and Rehabilitation
Habitat for Humanity
JCDBG Subrecipient Agencies Total
I $620,000.001
TOTAL CDBG CONTRACTS
11$1,669,218.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM
AMOUNT
AIDS Outreach Administration, Support Services, Short -Term Rent,
Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Based Rental Assistance
Tarrant
Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00
Inc. g' Services, Tenant -Based Rental Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY
IThe Presbyterian Night Shelter of Tarrant
County, Inc.
Lighthouse for the Homeless dba True Worth
Place
. 4 .
Shelter Operations/Services
Day Shelter
Operations/Services
1$1,729,850.00
11 AMOUNT 1
II$116,635.00I
11$158,400.001
11 1
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IThe Salvation Army
Center for Transforming Lives
ISafeHaven of Tarrant County
TOTAL ESG CONTRACTS
IlHomelessness Prevention
IlRapid Re -Housing
JIShelter Operations/Services
All figures have been rounded to the nearest dollar for presentation purposes.
available in ALL COUNCIL DISTRICTS.
$150,000.00
II $75,901.001
II $63,816.001
11$564,752.001
These programs are
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. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund I Department Account I Project I Program Activity
ID ID
FROM
Fund Department Account Project
p 1
ID I I ID
Submitted for Citv Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budgetl Reference #
Year I (Chartfield 2)
Budget Reference #
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
Amount
Amount
19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal)
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Action Plan SOS Filings.pdf (Public)
ConPlan July 12 Public Hearinq.pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2,
2023.m)tx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx, (Public)
ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx
(Public)
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