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HomeMy WebLinkAboutContract 56452-R4A4CSC No. 56452-R4A4 RENEWAL FOUR AND AMENDMENT FOUR TO CITY OF FORT WORTH CONTRACT NO. 56452 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and TCR MAYFIELD LIMITED PARTMERSHIP, ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on February 1, 2020, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56452 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Agreement's Initial Term was from February 1, 2020 to January 31, 2021 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the parties most recently renewed the Agreement for its Third Renewal Term beginning April 1, 2023 and ending March 31, 2024; and WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE, City and Landlord do hereby agree as follows: RENEWAL OF AGREEMENT The Parties agree to renew the Agreement for an additional one year -term beginning April 1, 2024 and expiring March 31, 2025 ("Fourth Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. II AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 1. Section 3.1 Security Deposit shall be amended and replaced as follows: 3.1 Security Den_ osit 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. OFFICIAL RECORD CSC No. 56452- Renewal Four and Amendment Four CITY SECRETARY page 1 of 5 CoFW and TCR MAYFIELD LIMITED PARTNERSHIP 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 $945.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the First Renewal Term is $995.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Second Renewal Term is $928.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Third Renewal Term is $988.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Fourth Renewal Term is $988.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $199.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for $266.00 of rent per month for the Unit. The Tenant during the Second Renewal Term shall be responsible for $203.00 of rent per month for the Unit. The Tenant during the Third Renewal Term shall be responsible for $969.00 of rent per month for the Unit. The Tenant during the Fourth Renewal Term is $204.00 per month for the Unit. During the Initial Term City shall pay $746.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During Tenant's First Renewal Term, the City Portion shall be $729.00. During Tenant's Second Renewal Term, the City Portion shall be $725.00. During Tenant's Third Renewal Term, the City Portion shall be $19.00. During the Tenant's Fourth Renewal Term, and until this agreement expires or Landlord is notified by City otherwise, the City Portion shall be $784.00. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord CSC No. 56452- Renewal Four and Amendment Four Page 2 of 5 CoFW and TCR MAYFIELD LIMITED PARTNERSHIP 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 Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00 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 of the initial term, and any subsequent renewals, 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. In the event that the lease is provided to the City after the payment date, then 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 the lease is received by City. 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. CSC No. 56452- Renewal Four and Amendment Four Page 3 of 5 CoFW and TCR MAYFIELD LIMITED PARTNERSHIP 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. 56452- Renewal Four and Amendment Four Page 4 of 5 CoFW and TCR MAYFIELD LIMITED PARTNERSHIP IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective April 1, 2024. FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Feb 26, 2024 APPROVAL RECOMMENDED U� c� Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Gyae-e- �arzw Name: Cyndee Garza Title: Sr. Human Services Specialist FOR LANDLORD: Belinda Garcia (Fe 0, 2024 15:02 CST) Name: Brenda Garcia Title: Property Manager Date: Feb 20, 2024 IZI,°FORT as ° �d ATTEST: to o = d�*o o omod Qo 00000000° aEXA?o4' Name: Jannette Goodall Title: City Secretary Date: Feb 26, 2024 M&C No.: 23-0631 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 56452- Renewal Four and Amendment Four Page 5 of 5 CoFW and TCR MAYFIELD LIMITED PARTNERSHIP ?Itn Lease is valid only If 61Jed out beforeJanuary f, 2026. TRX%-SAR%WJ3IR*%N*VW XAAHON Apartment Lease Contract INIS 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 Diana DETAILS A. Apartment (Par. 2) Street at 11:59 p.m. on: 03/31/2025 Note thatthis amountdoes not Include anyAnimolDeposi4 which would bereBectedin an Animal Addendum. G. Late Fees (Par. 3.3) Initial Late Fee ® 10 %ofonemonth'smonthlybaserentor O$ Due if rent unpaid by 11:59 p.m. on the 3rd F. Notice of Termination or Intent to Move Out (Par.4) Aminimumof 60 ' days'v rittennoticeof tenninatlon or Intent to move out required at era] of initial Lease term or during renewal period Ifthe number ofdays Isn't filled In, notice of at least30 days Is required. i Dally Late Fee O % of one month's monthly base rent for days or rl S for_ days (3rd or greater) day of the month H. Returned Check or Rejected J. Early Termination Fee Option (Par.7.2) K. Violation Charges Payment Fee (Par.3.4) $ $ 75.00 Notice of days is required. Animal Violation (Pa..12.2) Initial charge of $ 100.00 per animal (not You are not eligible for early termination If toexceed $100per animagand 1.RelettingCharge (Par.7.t) you are In default. Adailychargeof$ 10.00 ' per animal A relettin charge of $ 83 9.80 g g Fee must be paid no later than days after you give us notce (not to exceed $10 per day per animal) mottoyReed uringt theLeaseN monthlyRentdunngtheleaseterm) rahresornurnberof am blank or'0,' °� � Insurance Vk9at;on(MastatLeaseAddendum may be charged in certain default then this section does notapinty. p�y. separate or other se durit) situations $ I L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these Items as outlined below andAk In separate addenda, Special Provisions or an amendment to this Lease. I Animal rent $ 0.00 Cabletsatenite $ Internet 3 Package service $ Pest control $ Stomnvaterldrainage S Trash service $ Washer/Dryer $ Other. $ Other. $ Other: S Other: S M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewaters electricity, trashlrccycling, utility billing fees and other Items as outlined in separate addenda, Special Provisions or an amendment to this Lease. j Utility Connection Charge or Transfer Fee. $ 50.00 (not to exceed $50) to be paid within 5 days of written not;.e tPar.3.5) N.Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: S Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrent@$ $ 1 Special Provisions. See Par.32 or additional addenda attached. This Lease cannot be changed unless in writing and signied by you and us. Apartment Lease Contract 02023, Texas Apartment Assoclatren, Inc. Page 1 of 6 A 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 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 this 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. 1.7. 'Lease" includes this document any addenda and attachments, Community Policies and Special Provisions. Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with this Lease, you'll receive access information or devices for your apartment and mailbox, and other access devices including: Gate Remote 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 accredl- tations associated with the property are subject to change. 3. Rent. You mustpayyourRenton orbeforethe istdayoteach month (due date) without demand. there are no exceptions regarding the payment ofileny and you agree not paying Rent on or before the lstofeach month Is a material breach of this Lease. 3.1. Payments. You will pay your Rent by any method, manner and place we specify in accordance with this lease. Cash is not acceptable without ourpdorwritten permission. You cannot withhold orofBatRent 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 of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless ofwhen the obligations arose. An sums other than Rent and late fees are due upon our demand. Afterthe due date, we do not have to accept any payments. 3.3. Late Fees, 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 pi us initial and daily late fees if applicable, untn we receive full payment in an acceptable method. 3.5. Utilities and Services. Youll 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 (otherthan 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 ofyour move - out date.lfyou delay getting service turned on Inyour name by this Lease's start date or cause It to be transferred back into our name before you surrender or abandon the apartment you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. If your apartment is indlWdually 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 a written addendum or amendment signed by you and us. At or after the end of the 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 lunges, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as inquired by Par. 25 and specified on page 1. ifthe number of days isn't filled in, no- tice of at ieast30 days is required. Security Deposit. The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit will be designated in an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must ghFe us yourac rance notice of more out as provided by Per. 25 and forwarding address In writing to receive a written description and Itemized list of charoes or refund, in accordance with this Lease and as allowed bylaw, we may deduct from your security deposit any amounts due under this Lease.lfyou move outeadvorIn response to anotice to vrivate. imu7lbe liable forrekaft chaMa. Upon receipt of yom move -out date and forwarding address in writing, the security deposit will be returned pess lawful deductions) with an Itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among an residents. Insurance. Our Insurance doesn't cove#the loss *for damage to yourpersonalpropertj. You will be required to have liability insur- ance as specified in this Lease unless otherwise prohibited by law. If you have insurance covering the apartment or your personal belong- ings at the time you or we suffer or allege a loss, you agree to require your Insurance carrier to waive arry 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 occurrenc- es. 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're be liable for a reletting charge as listed in Lease Details, (not to exceed 85%of the highest monthly Rent during the Lease term) if you: (A) fill to move In, or fall to give written move -out notice as required in Par. 25; (B) move out without paying Rent In full for the entire Lease tens or renewal period; (C) move out at our demand because of your default or (D) m 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. i The reletting charge Is a liquidated amount covering only part of our damages —for our tkrk, 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 showkrg, 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 Option Procedure. In addition to your termination rights referred to In 7.3 or 8.1 below, Ifthis provision applies under lease Detais, you may opt to terminate this Lease prior to the end of the Lease term lfallof the following occur: (a) as outlined In Lease Details, you give us written notice of early termination, pay the Early Termina- tion Option fee in fun and specify the date by which youl move out; (b) you we not in default at any time and do not hold over, and (c) you repay an rent concessions, credits or discounts you received during the Lease tern. If you are In default, the lease remedies apply. 7.3. $pedal Termination Rights, Yekrmayhavethe right under Texas law to terminate this tease early In certain situations hr-vMngmilitary deployment ortransfer, familyvfoknm certain sexual offenses, stalkin¢o►death via role resident. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's hokfing 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 this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if tie delay is for cleaning or re- pairs that don't prevent you from moving Into the apartmnt. 8.1. Termination. If we give written notice to you cf a delay in occupancy when or after this Lease begins, you may terml- rate 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 may terminate this 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. Apartment Lease Contract 02623, Texas Apartment Association, Inc. Page 2 of 6 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charg- 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 occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction. Unless damage or wastewaterstoppage is due to our negligence, we're not liable for—andyoumust payfor—repalrsand replace- ments occurring during the Lease term arrenewal period, includ- ing: (A) damage from wastewaterstoppages caused byimproper objects In lines exclusivelyserving your apa►bnent (e) damage to doors, windows, orscreens; and (q damage from windows ordoors heft open. SEEM fa� 10.Community Polides.Communitypolicksbecomepartofthis 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 owed under this Lease. 10.1. PhotoMdeo Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exckede from the apartment community any guests or others who, in our sole judgment 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 anyone 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, Noise and Construction. You agree that odors and smells (including those related to cooking), everyday noises or sounds related to repair, renovation, improvement, or construction in or around the property 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 otter 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 a loud, obnoxious or dangerous manner, (c) disturbing orthreateningthe rights, comfort healtNsafety, or convenience of others, including us, our agents, or our representatives; I (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (9) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; C hheating the apartment with gas -operated appliances; (p making bad -faith or false allegations against us or our agents to others; (Id smoking of any kind, that is not in accordance with this Lease; (q using glass containers in or near pools; or (m) conducting any kind of business (including child-care services) in your apartment or in the apartment community —except for any lawful business conducted "at home" by computer, 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 ofanykindareallowr4wen tempo- rarily anywhere in the apartment or apartment community un- less we've given written permission. if We allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit Is considered a gener- al security deposit. You represent that any requests, statements and representations you make, Including those for an assistance or sup- port animal, are true, accurate and made In good faith. Feeding stray, feral or wild animals is a breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place In the apartment a written notice of our intent to remove the animal within 24 hours, and (2) following the procedures of Par,14. We may: keep or kernel the animal;- turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable are and kenneling charges. 12.2. Violations of Animal Policies and Charges. Ifyouor any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, Including animal violation charges listed In Lease Details from the date the animal was brought Into yaw apartment urtW It is removed. If an animal has been in the apartment at anytime during your term of occupancy (with or without our consent), well charge you for all cleaning and repair costs, Including deileakrg, 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. Perking. 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 thIs Lease. 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 this Lease. 14. When We May Enter. If you or any other resident, guest or occupant is present, then repair a service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental applicatkn 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. Apartment Lease Contract 02e23, Texas ApartmentAssociation, Inc. Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyouorany occupant needs to senda request —for example, forrepairs, installations, services, ownership disclosure, orsecuN"latedmatters— it must be written and delivered to ourdesignated representative in accordance with this Lease (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, manner, method and means ofperforming maintenance and repairs, including whether or which vendors to user 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 this Lease. 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 off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative Immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. dive fail totlmelyrepairacondition that materiallyoffects the physical health or safetyofan ordinary resident as required by the Texas property Code, you may be entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas property Code. Nyou follow the procedures under those sections, the following remedies, among others, may be available to you: (1) termination of this 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 th e cost ofthe 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 sole judgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days'written notice. Iftermination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose of your personal property if, In our sole Judgment, it causes a health or safety hazard or Impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of terminatior if we are demolishing your apartment or closing it and It will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding, 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment You agree that you won't rent, offerto rem or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. Is. Security and Safety Devices. Well payfor missing security de- vices that are reauired by law. You'll oar for. (A) rekevina that dent moved outb and (0) repairs or reolacements because of in is use ardamagebyyouaryour faml ly.youroccupants. oryour aullU. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Texas property Code secs. 92.151, 91.1S3, and 92.154requlre, with some exceptions, that we provide atnocost to you when occupancy begins: (A) a window latch on each window; (8) a doorviewer (paep- hofeorwindow) on each exterlordoor, (C) a pin lock on each sliding door, (D) either door -handle latch or security bar on each sliding door, (E) a keyless boiling device Idea dboIt) on each exterior door, and (F) either a keyed doorknob lock or keyed deadbolt lock on one entry door. Keyedlocks will berekeyed after the prior resident moves out. Therekeying will be done eltherbefore you man In or within 7days af eryoumove In, asrequired bylaw. Nwefall toin. staff orrekeysecurity devices as required byhnv, you have the right to do so and deduct the reasonable cost from your neat Rentpay- ment under Texas property Code sec. 92.165fl). We may deactivate or not Ins taR keyless bolting devices on your doors N (A) you or an occupant In the dwelling is over SS ordhobhrr4 and the require- ments of Texas property Code sec. 92.1S3(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required bylaw or city ordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. i 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. lfyoudamage o►disable the smoke alarm or remove a battery without replacing it with a working battery, you may be liable to us under Texas property Code sec.92.2611 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 Gable Ifyou fall to report malfunctions, or fall to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss. Unlessotherwherequhedbylow,none of us, our empkryees, agent;, or management companles are/!able to you, yourguests or —pants foranydamagy, personalinjury, loss topenwnalproperty, orlossofbusinesswpersonalhrconm fromanycmne, indudingbutnotRmked to: neg(Igenterintendon- al acts ofresidents, occupants, orguest; theft, burglary, assault' vandalism orothercriawfire,flood,watt, kaks,ralmhail, Ica, snow, smoky llghtnhrrh wind, explosions, lntamption of utllftfes, plpehaksorotheroccurencesunless such damagylnjuryarlossIs caused exdushey by our-Ifigence. We do not warrantsecurftyofanykind. You agree that you will not rely upon any security measures taken by us for personal secu ft and that you wilt call 911 and kcal law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Arty 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/ambutance response or other required city charges. 20. Condition ofthePremises and Alterations. 20.1. As -Is. We discialm alllmplied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. Youll be giverian inventory and Condition Form at or before male -in. You agree that after completion ofthe form or within 42 hours after move -icy whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition of the premises for purposes of detern**tg 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 arty repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us to writing, you must hot perform any repairs, painting, wallpapering, carpeting, ek akal changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrockwals and In grooves of wood -paneled walls. No water furniture, washing machines, dryers, extra phone ortelevision outlets, alarm systems, cameras, two-way talk device, video or other door - Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 4 of 6 bells, or lock changes, additions, or rekeying is permitted unless required by law or we've consented in writing. You may Install a satellite dish or antenna, but only Ifyou sign our satellite dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, in- cluding exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documents will be in English and, at our option, in any other language that you read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with this Lease, electronic notice from you to us must be sent to the email address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address If allowed in this Lease. 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. Ifyou or any guest or occupant violates this Lease or our Community Policies, all residents are considered to have violated this Lease. 22.1. Indemnification byYou.Youlddend brdemnlfyadhold us and ouremployees, agents, andmanagementcompany harmless from aff liabifityartsingfrom yourtonductor requests to ourrepresentatives andhom the conduct ofor requests byyourinvitees, occupants orguests. 23. Default by Resident. 23.1. 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. Ifyou default including holding over, we may end yourright ofoccupancybygiving you at least a 24- hourwritten notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. Aftergiving notice to vacate or fling an evictionsuft, we maystill acceptitent or other sums due; the fling 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 win not be prorated. 23.3. Acce leration. Un I ess we elect not to acce lerate Rent, all monthly Rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and 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're judicially evicted or move out when we demand because you've defaulted. Ifyou don't pay the fast month's Rent when or before tuts Lease begins, all future Rentfor the Lease term will be arhomatkally accelerated without notice and betone Immediately due. We also may end your right of occupancy and recover damages, future Rent, attorneys fees, court costs, and other lawful Charges. 23.4. Holdover. You and a occupantsl 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 Rentfor the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease tens 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 agencles as allowed by taw. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. if you default, you win 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. AN 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 if you don't pay all sums by that deadline. You are also liable for a charge (Trot 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 fling fees actually paid. 24. Representatives' AuthorityandWaivers.Our representatives; (in- cludingmonagementpersonnel emplaysesrand agents) haw no authority to waive, amend or terminate this Loan or anyport ofit unless in writing and signed and no authority to make promis4m rep- resentations, or agreements that impose security duties; o►other ob- ligations on us or our representatives unless inwriftandsior" No action oromission by us will beaonskiered a waiver of our rights or of any subsequent vknlatiorn, default or time or place of performance. our choke to enforce, not enforce or delay enforcementafwritten-no- dcenequirements, rental' duedat@4 acceleration, H&K orarryof1w rights isn't a waiver underarrydreumstance& Delay in demanding sums you owe Is not a waiver. Except when notice or demand is required bylaw, you waive any notice and dernandfor perfonrrarxefrom us If you defa k Nothing In this Lease constitutes a waiver ofotw remedies for a breach under your prior lease that occurred before the Lease term begins. Your Lease Isstdnordinatetoexisting and future recorded mortgages, un- less the owner's lender chooses otherwise. AN remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedles.All provisions regarding our nonilability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. ra 25. Mow -Out Notion. Beforemovfngouyiyoumostglveowrepresen- tot re advance written move -out notice as stated in Par. 4, even if this Lease has become a month -to -month lease. The mow -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, Ifyou give notice on the first day of the month you Intend to move out, move out will be on the last day of that month. (b) Your move -out notice mart not terminate thls Lease before the end of the Least term'or renewal period. (c) if we 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 rerninder not less then 5 days not more than 90 days before your deadNnne for giving us your written prove -out notice. If we 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 Ouxo ghly dean the apartment, lincl ding doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning Instructions If they have been provided. Ifyou don't dean adequately, you'll be liable for reasonable cleaning charges—irkluding charges for cleaning carpets, draperies, fumiture, walls, etc. that arc soiled beyond Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page s of 6 normal wear (that Is, wear or soiling that occurs without negligence, carelessness, accident or abuse). 26.2. Move -Out Inspection. We may, but are not obligated to, provide a joint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrenderedthe 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 Rent for S 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 endsyour rightof 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 solejudgment 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 forcasualty, 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. 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 of the following occur. (1) this Lease is automatically renewed on a month -to -month basis more than once after membership In TAA and the local association has lapsed; and (2) neither the owner nor the man- agement company is a member ofTAA and the local association during the third automatic renewal.A signed affidavit from the affiliated local apartment association attesting to nonmembership when this Lease or renewal was signed will be conclusive evidence of nonmembership. Govemmental entities may use TAA forms If TAA agrees in writing. Name, address and telephone number of locator service (ifapplkabka: 29. Severability and Survivability. If any provision of this Lease Is inval- id or unenforceable under applicable law, it won't invalidate the re- mainder of this Lease or change the intent of the parties. Paragraphs 10.1,10.2,16, 22.1, 27,30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 31. Waivers. By 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 evresslywalve yourright to bring, represent join or otherwise maintain adassaction, collective action orsimilarproceeding against us in anyforum. YOU UNDERSTAND THAT. WITHOUT THIS 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 LEA$ J 31.2. Force Majeure. Ifwe are prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond ourtontrol, inckKUng but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage of governmental regulation, then We shag be excused from arty further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attxhed Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting prolrislans In this Lease. i No cash accented, No chetcics accepted after the 3rd of the month or after the 2nd tisr.11ecertification is required after 12 months. Conoesiion will be charmed back if lease ii broken. i 1 Before submitting a rental application or signing this Lease, you should review the documents and may consult an attomay. You are bound by this Lease when it Is signed. An electronic signature is binding. This Lease, including all add imilk Is the entice agreement between you end us. You agree that you we NOT relying on any oral representations. F 2.c-Iy (Narrk of Resident) Date signed (Name of Resident) I Date signed (Name of Resident) I Date signed (Name of Resident) Date signed (Name of Resident) j Date signed (Name of Resident) I Date signed wner'sRep son ffve(sigming halofowned Apartment Lease Contract, TAA Official Statewide Form 23-AM-1/8-2 Revised October 2023 Page 6 of 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; http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023 M&C Review Page 2 of 7 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 httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 3 of 7 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: M&C Review Page 4 of 7 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 httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 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 M&C Review Page 6 of 7 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) http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 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) httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023