HomeMy WebLinkAboutContract 61479Rental Assistance Landlord Agreement Page 1 of 13
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND MMXXIV LLC
This RENTAL ASSISTANCE LANDLORD AGREEMENT (“Agreement”) is made
and entered into between the CITY OF FORT WORTH (“City”), and MMXXIV LLC
(“Landlord”), each individually referred to as a “party” and collectively referred to as the “parties.”
WHEREAS,the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property
so long as the landlord or property management agree to certain terms; and
WHEREAS,in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, (“Tenant”) is a participant in the City’s rental
assistance program; and
WHEREAS,the City requires that landlords must enter into this Agreement in order to
receive the City’s payment of the defined portion of Tenant’s rent; and
WHEREAS,Agreement Documents shall consist of this Landlord Services Agreement
and Exhibit A – Copy of Tenant Lease, attached hereto and incorporated herein. In the event of
any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control. It is
understood that City is not bound by any portion of Exhibit A and is only bound by the duties and
obligation set forth in this Landlord Services Agreement.
NOW THEREFORE the Parties in exchange for the benefit received from the other
Party’s performance, agree to the following terms and conditions:
1.PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a 4 BEDROOM (“Lease”).
The unit is located at (“Unit”), as more
fully described in Exhibit A.
2.TERM.
This Agreement shall begin on April 26, 2024 and shall expire on April 30, 2025, unless
terminated earlier in accordance with this Agreement (“Initial Term”). The Parties shall have the
option to renew this Agreement by written agreement for additional one-year terms following City
review and approval of request by both Tenant and Landlord under the same terms and conditions,
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provided however that the rental rate and any amounts payable by City shall be provided to the
City in writing for the new term at least 30 days prior to the effective date of the renewal term.
3.COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit $0.00 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.
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 of the City Portion 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 $2.500.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3.2 Rent and Amounts Payable by City
3.2.1 Rent. The City has been notified that the Tenant’s Total Rent during the Initial Term
is $2,500.00 per month for the Unit.
The Tenant, during the Initial Term, from April 26, 2024 to May 31, 2024 shall be
responsible for $0.00 of rent per month for the Unit. Beginning June 1, 2024 to April 30, 2025,
the Tenant shall be responsible for $138.00 of rent per month for the Unit.
During the Initial Term, from April 1, 2024 to April 30, 2024, City shall pay
$416.6 toward the Tenant’s Total Rent for the Unit (“City Portion”). Beginning May 1, 2024 to
May 31, 2024, the City shall be responsible for $2,500.00 of rent per month for the Unit.
Beginning June 1, 2024 to April 30, 2025, the City shall be responsible for $2,362.00 of rent
per month for the Unit. Neither City nor HUD assumes 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.
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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.
4. TERMINATION.
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4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant’s lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days’ written notice of termination.
4.2.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the
months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and
conditions of this Agreement prior to the date of expiration or termination. City shall not be
obligated for any additional fees or expenses of any kind. If City has paid any portion of the City
Portion for a month that is after the effective date of termination of this Agreement, Landlord shall
refund that portion within thirty days of the effective date of termination by check made out to the
City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of
this Agreement, the only remedy Landlord may assert for any claim, no matter the kind or
character, arising out of this Agreement is for the City Portion of the Tenant’s Total Rent for the
months that Tenant occupied the unit and this Agreement was in effect.
5. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and
at such other times as may be necessary to assure that the Unit is in decent, safe, and
sanitary condition, and is in compliance with applicable local codes, and that required
maintenance, services and utilities are provided.
5.3 If the City determines that the Landlord is not meeting these obligations, the City shall
have the right, even if the Tenant continues in occupancy, to terminate payment of the
City’s Portion of the Total Rent and/or terminate the Agreement without any cost or
expense of any kind whatsoever to City.
6. FAIR HOUSING REQUIREMENT
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6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any
other manner, discriminate against any person on the grounds of age, race, color, creed, religion,
sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with
Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America,
the Department of Housing and Urban Development, and the City, any of which shall be entitled
to involve any of the remedies available by law to redress any breach or to compel compliance by
the Landlord.
6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and
with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews
and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes,
Executive Orders and all related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Landlord’s duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law, including
City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS
NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation
under this Agreement; or
(3) If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the
landlord may, at the City’s sole discretion, allow the Landlord a defined time period in which the
Landlord may take corrective action to remedy the breach.
7.3 The City’s right and remedies for breach of this Agreement shall not be limited by
any provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
8. NO THIRD PARTY BENEFICIARIES
8.1 The City does not assume any responsibility for, or liability to, any person injured
as a result of the Landlord's action or failure to act in connection with the implementation of this
Agreement, or as a result of any other action or failure to act by the Landlord.
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8.2 The Landlord is not the agent of the City and this Agreement does not create or
affect any relationship between the City and any lender to the Landlord, or any suppliers,
employees, contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or
a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City (“City Information”) as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Landlord shall notify City immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
electronic records, of Landlord involving transactions relating to this Agreement as HUD or the
City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or
HUD shall have access during normal working hours to all necessary Landlord facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City or HUD shall give Landlord reasonable advance notice of
intended audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Landlord shall have the exclusive right to control the details of its
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operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that City shall in no way be
considered a Co-employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants,
employees or subcontractor of Landlord shall be entitled to any employment benefits from City.
Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Landlord under which
the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
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Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with
all applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from
and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
To LANDLORD:
Rashawn Herron
MMXXIV
4242 North Capistrano Drive #195
Dallas, TX 75287
16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
17. NO WAIVER.
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The failure of City or Landlord to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Landlord’s respective right to insist upon appropriate performance or to assert any such right on
any future occasion.
18. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibit A.
23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
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herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City’s Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
records. The president of Landlord or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change,
copy of the board of director’s resolution approving the action, or an executed merger or
acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
28. CONFIDENTIAL INFORMATION
Landlord acknowledges that CITY is a governmental entity and is subject to the Texas
Public Information Act (“Act”). By executing this agreement, Landlord acknowledges that this
agreement will be publicly available on the CITY’s website, and Landlord is therefore waiving
any claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord
does not meet the definition of a “company” under the applicable section of the Texas Government
Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
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for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Landlord certifies that
Landlord’s signature provides written verification to the City that Landlord: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract.
30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s
signature provides written verification to City that Landlord: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Landlord certifies that Landlord’s signature provides written verification to City that
Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ___________________________
Name: Fernando Costa
Title: Assistant City Manager
Date: ___________________________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Kacey Bess
Title: Interim Neighborhood
Services Director,
Neighborhood Services Department
ATTEST:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
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.
By: ______________________________
Name: Cyndee Garza
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
By: ______________________________
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0631
LANDLORD:
By:
Name: Rashawn Herron
Title: Landlord
Date: ____________________________
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EXHIBIT A
Copy of Tenant’s Lease
Rental Agreement between:
MMXXIV LLC
and
Dated: 04/23/2024
Summary of Key Information
Property Address:
Lease Start Date:
Lease End Date:
Total Monthly Rent:
Monthly Rent Amount:
Monthly Pet Rent:
Pro-Rated Rent Amount:
Total Deposit(s):
Security Deposit:
Pet Deposit:
Other Deposit:
Move-in Fee Amount:
Late Fee:
04/26/2024 See section 1.5
04/30/2025 See section 1.5
$2,600.00 See section 1.6
$2,500.00 See section 1.6
$100.00 See section 1.6
$416.67 See section 1. 90
$2,850.00 See section 1.8
$2,500.00 See section 1.8
$350.00 See section 1.8
N/A See section 1.8
N/A See section 1.9
10% if not paid by the 3rd. See section 2.1
The above summary table is provided as a reference. The Agreement will control if there is
a conflict.
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Texas Residential Rental Agreement
("Agreement")
1. GENERAL INFORMATION
1.1 DATE
The date of this Agreement is 04/23/2024.
1.2 TENANT(S)
The Tenant(s) herein is/are:
If more than one person is named above as Tenant, all persons named shall have joint and
several liability as to the obligations of Tenant herein, and all references to Tenant,
although stated in the singular, shall apply as appropriate as if written in the plural.
The address of Tenant, for purposes of mailing notices is:
1.3 LANDLORD
The Landlord herein is:
Landlord Name Landlord Email Landlord
Phone
MMXXIV LLC sean@carpevende.com (214) 893-1830
Landlord manages the Premises (as defined below) as the owner. Landlord is authorized to
accept service of process, notices and demands.
The address of Landlord, for purposes of mailing payments and notices, is:
5900 Balcones Dr., Ste 12605, Austin, TX 78731
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1.4 RENTAL PROPERTY
The property herein, known as (the "Premises") is the structure or the part of a structure
that is used as a home, residence, or sleeping place by the Tenant who maintains a
household there.
1.5 TERM
The Term herein shall be as follows:
Lease Start Date: 04/26/2024
Lease Type:
❑ Month-to-Month: a month-to-month lease terminates by Landlord or Tenant
giving the other Party (defined below) to this Agreement thirty days written notice
I�]C Fixed Term: for a period ending on: 04/30/2025
In the event Fixed Term is selected above, upon expiration of the Fixed Term, Landlord and
Tenant (collectively known as "Parties", or individually as "Party") agree that the following
shall occur by default:
❑ Continue as Month-to-Month: the lease shall automatically be renewed on a
month-to-month basis.
0 Terminate: the lease shall automatically terminate at the conclusion of the initial
Fixed Term.
1.6 RENT
Rent for the Term hereof shall be payable, in advance, on or before 5pm on the 1 st day of
each month ("Due Date"), regardless of whether that day is a Saturday, Sunday, or Holiday,
in equal installments of TWO THOUSAND, SIX HUNDRED ($2,600.00)
Monthly Base Rent: $2,500.00
Additional Monthly Pet Rent: $100.00
Total Monthly Rent: $2,600.00
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1.7 FORM OF RENT PAYMENTS
All payments shall be made to Landlord without demand at Landlord's mailing address
such that they can be received on or before the Due Date. Landlord's acceptance of Rent
from a person other than the Tenant shall not be a waiver of any right and shall not
constitute acceptance of such person as a Tenant. All payments for Rent should be made
via one of the following methods:
❑ Cash
❑ Personal Check
x❑ Cashier's Check
Payments Allowed: 0 Money Order
0 ACH / Direct Deposit
0 Rent Payments by TurboTenant
1.8 SECURITY DEPOSIT AND OTHER DEPOSITS
Upon the due execution of this Agreement, Tenant shall deposit with Landlord the
following deposit amount(s):
Security Deposit: $2,500.00
Pet Deposit: $350.00
Other Deposit: N/A
1.9 NONREFUNDABLE FEES
Upon the due execution of this Agreement, Tenant shall pay to Landlord the following non-
refundable fee(s):
Nonrefundable Fee(s): N/A
1.10 PRORATED RENT
Upon the due execution of this Agreement, Tenant shall pay to Landlord the following
amount representing the amount due for the partial first month of the Term ("Prorated
Rent"):
Prorated Rent: $416.67
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1.11 UTILITIES AND OTHER SERVICES
Landlord and Tenant agree that Utilities and Other Services (listed below) will be the
responsibility of, and paid for by, Tenant, in addition to Rent, as outlined below:
Utility or Other Service Responsibility
Electric Tenant
Internet Tenant
Phone Tenant
Cable / Satellite Tenant
Gas N/A
Water Tenant
Sewer / Septic Tenant
Trash Tenant
Lawn Care Landlord
Snow Removal N/A
HOA or Condo Dues N/A
Tenant's obligation to pay the above Utilities or Other Services shall include any and all
seasonal fees, late fees, installation or connection fees and maintenance charges. Failure
by Tenant to comply with the above responsibility for Utilities or Other Services will
constitute a default to this Agreement and Landlord may terminate this Agreement. If
Tenant fails to notify the service provider or does not assume responsibility of billing as of
the Lease Start Date of this Agreement or cancels the Utilities or Other Services prior to the
termination of this Agreement, which results in the account being billed to Landlord,
Tenant's Utilities or Other Services will be paid and charged back to Tenant in addition to
Rent.
1.12 ADDITIONAL OCCUPANTS
In addition to Tenant, the following individuals (if any) may occupy the Premises
("Additional Occupants"):
Additional Occupant Name Age Relationship
N/A N/A N/A
1.13 PETS
Unless otherwise provided under federal, state, or local law, no animals (including
mammals, reptiles, birds, fish, rodents, and insects) are allowed, even temporarily,
anywhere on the Premises unless so authorized in writing.
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❑ Tenant shall not bring, keep, "baby-sit", or maintain any pet on the Premises.
I�]c This Agreement grants permission to Tenant to keep the below named pet(s),
subject to the following:
Type (dog, cat, etc.) Breed Weight (Ibs) Age (years)
Daog American Bulldog 30 5
Dog American Bulldog 12 0
Tenant agrees that Landlord has the right to request Tenant to remove a pet permanently
from the Premises if pet becomes a nuisance, causes disturbances, or damages the
Premises or personal property belonging to the Premises. Pets of guests are not allowed
on the Premises.
1.14 SMOKING
The Premises are designated as a property where smoking is:
❑ Not Permitted
❑ Permitted
0 Permitted Outdoors Only
For the purposes of clarifying and restricting its use, the term "Smoking" is defined to
include the use of cigarettes, pipes, cigars, electronic vaporizing or aerosol devices, or
other devices intended for the inhalation of tobacco, marijuana, or similar substances.
Tenant understands and agrees that any damage caused by Smoking shall not constitute
ordinary wear and tear. Landlord may deduct from the Security Deposit all damages
and/or costs for the cleaning or repairing of any damage caused by or related to Smoking,
including but not limited to: deodorizing the Premises, sealing and painting the walls and
ceiling, and/or repairing or replacing the carpet and pads.
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1.15 PARKI N G
Types of parking include driveway and street.
Parking Rules
For the type of parking indicated, Tenant shall use such space exclusively for parking
of Tenant's own passenger automobiles, and not for the washing, oil change or
repair of vehicles. Parking space shall not be used for trucks or pickups in excess of 1
(one) ton, boats, recreational vehicles, storage, trailers, unlicensed, abandoned, or
unregistered vehicles without prior permission from Landlord in writing. Tenant
shall not park or allow any other person to park in any other space in the parking
area. Landlord reserves the right to assign Tenant a different parking space or
parking permit on 7(seven) days notice to Tenant. Guests and invitees shall park on
adjacent streets or in designated Guest Parking areas. Violators may be towed at
vehicle owner's risk and expense.
1.16 TENANT INSURANCE
Landlord shall not insure Tenant for any personal injury or property damage. Tenant is:
I�c Required to buy and maintain renters or liability insurance. Tenant shall
provide Landlord with evidence of required insurance prior to Tenant moving into
Premises and upon request during the Term.
❑ Not required to buy renters or liability insurance, however it is strongly
recommended to protect Tenant, Tenant's family, Tenant's invitees, and/or guests,
and all personal property on the Premises and/or in any common areas from any
and all damages.
1.17 KEYS
Tenant acknowledges receipt of the following keys:
Key Type Number of copies
Property 1
Tenant shall return these keys, garage door openers, and all copies made of these keys to
Landlord upon termination of the Agreement. Tenant is responsible for the cost of rekeying
if all keys are not returned upon vacating.
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1.18 ADDITIONAL TERMS
The following Additional Terms (as defined below) will become a part of this Agreement
and will supersede any conflicting terms of this Agreement:
Additional Terms:
By executing this lease agreement, you agree that anything contained in the provisions
section supersedes any verbal agreements or items mentioned previously in the lease
agreement.
Community Rules
- No parties or large gatherings of any kind.
- No more than 3 cars (per unit) at a time.
- No toys, bicycles etc. in front of the unit. Must store them inside of
the unit.
- Smoking is not allowed in the house and could result in forfeiture of the entire deposit
and additional costs for cleaning and odor removal.
- Must keep all areas around the unit free of objects, trash, and debris.
- Broken vehicles must be stored on the street.
- Renter's insurance is required at the tenant's expense.
- Any person staying more than 5 consecutive days or more than 7 days in any 30 day
period, is considered a tenant and needs to be added as a tenant to the unit they are
occupying. Any non-registered tenants are a breach of the lease.
- Outside of garbage collection days, all trash bins should be out of sight from the front
of your unit.
- Please clean up after your pets and yourself. Any dog droppings or cigarette butts
should be placed in the trash bins immediately.
Late Fees
Rent will be considered late on the 5th day of the month and a late fee of 10% of the total
monthly rent will be charged.
On the 6th day, a daily late fee of $10 per day will be charged to the tenant for each
calendar day that the rent has not been completely paid.
$50 FEE for returned payments/NSF in the form of ACH or Checks in addition to any late
fees.
Each tenant is responsible for the full rent amount regardless of partial payments.
**Early Termination Clause:**
Should the Tenant wish to terminate this lease agreement prior to the expiration of the
lease term, the Tenant shall be subject to a penalty equivalent to two months' worth of
the monthly rent. This penalty is in addition to any other obligations or fees owed by the
Tenant under the terms of this lease agreement. The Tenant shall provide written notice
of intent to terminate the lease to the Landlord at leas 60 days in advance of desired date
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to vacate. Upon receipt of such notice, the Landlord reserves the right to begin marketing
the property for re-rental which would require the unit to maintain cleanliness and allow
access to the unit for walkthroughs with 24 hours notice.
**Security Deposit Clause:**
The security deposit provided by the Tenant shall not be considered as payment for the
last month's rent or any other rent due under this lease agreement. The security deposit
shall be held by the Landlord as security for the faithful performance by the Tenant of all
terms and conditions of this lease. Upon the expiration or termination of the lease term,
the security deposit, less any deductions for damages, repairs, or other charges as
outlined in this lease agreement, shall be returned to the Tenant within the time frame
required by applicable law. The security deposit shall not be applied towards any
outstanding rent unless explicitly agreed upon in writing by both the Tenant and the
Landlord.
For consideration of Rent and adherence to the covenants in this Agreement by the
Tenant, the Landlord leases to the Tenant the Premises for the Term.
2. SPECIAL PROVISIONS
THE PARTIES FURTHER AGREE TO THE FOLLOWING SPECIAL PROVISIONS:
2.1 LATE RENT
Rent is due in full on the first day of each and every month. If rent is not received on or
before the 3rd day of the month, a late fee of 12% for properties with 4 or less units, or
10% for properties with 4 or more units, of the unpaid rent amount can be charged. All late
fees shall be deemed additional rent for the month, and shall be paid and collected as
such. Late fees will be assessed from the Due Date until the entire balance of unpaid Rent,
accrued late fees, and any other charges are paid in full.
2.2 BAD CHECKS / NSF FEES
If a personal check or ACH draft is returned by Tenant's bank for any reason, a charge of
twenty dollars (�20.00) shall be added to Rent for the month, and Tenant shall not be
current with Rent as long as said charge is not paid. If Rent payment is late, or if Tenant's
electronic or personal check is returned due to insufficient funds, uncollected or unpaid,
Landlord may require that all subsequent payments be made by cashier's check or money
order.
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2.3 NOTICE TO TENANT
Notice to Tenant may be given in accordance with applicable law to the address of the
Premises listed above, or to such other place as designated by Tenant in writing as the
place for receipt of notices, or, in the absence of such designation, to Tenant's last known
address.
2.4 SECURITY DEPOSIT PROVISIONS
Upon the due execution of this Agreement, Tenant shall deposit with Landlord a security
deposit referenced in Section 1.8. Such deposit shall be returned to Tenant, without
interest, and less any set-off for unpaid rent, unpaid late fees, unpaid utilities, damages, or
any other money owing Landlord under this Agreement within thirty (30) days after the
termination or expiration of this Agreement along with an itemization of any lawful
charges, mailed to Tenant's last known mailing address. Tenant may not elect to use the
security deposit for rent for any month.
2.5 USE OF PREMISES / OCCUPANCY LIMITS
The Premises shall be occupied as a residence exclusively by the Tenant and the Additional
Occupant(s). To the extent allowed by applicable law, Tenant shall comply with any and all
laws, ordinances, rules, and orders of any and all governmental or quasi-governmental
authorities affecting the upkeep, use, occupancy, and preservation of the Premises. To the
extent allowed by applicable law, Tenant shall indemnify Landlord against, and reimburse
Landlord for, any fines, charges, damages, costs, or fees, including reasonable attorney
fees, incurred or paid by Landlord as a result of any noncompliance of the occupancy limits
by Tenant. No person who is not a Tenant or Additional Occupant(s) may occupy the
Premises, except that Tenant may allow one guest to stay with Tenant for a maximum
period of fifteen (15) days every six (6) months, provided that such guest at all times
maintains a separate residence. Any guest who stays in excess of this amount shall be
considered an unauthorized occupant.
2.6 CONDITION OF PREMISES
Tenant acknowledges that prior to occupying the Premises, Tenant has examined the
Premises and is satisfied with the condition, subject to those items specifically stated on
the Property Condition Report (or like-titled document). By accepting possession of the
Premises, Tenant acknowledges and agrees that no repairs or cleaning are required or
requested. Tenant agrees and accepts the Premises "As Is" condition, and that no warranty
or guarantees are expressed or implied by Landlord. In the event that not all Tenants can
be present at the time of move-in, the acceptance of the condition by one or more than
one Tenant(s) shall be sufficient as to establishing the condition at the start of the Term.
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2.7 NOTIFICATION OF BUILDING PROBLEMS OR REPAIRS NEEDED
Tenant shall keep the Premises in good order and condition, and immediately_pay for
any repairs caused by Tenant's negligence or misuse, or that of their guests. Tenant
agrees to notify Landlord immediately upon first discovering any repairs or maintenance
needed, or signs of serious building problems, including but not limited to: a crack in the
foundation, a tilting porch, a crack in the plaster or stucco, moisture in the ceiling, buckling
sheetrock or siding, a leaky roof, a spongy floor, any leaking or running water, appliance
malfunction, and/or electrical shorting or sparks. Failure to report a problem may create a
situation where the Tenant will be liable for damages due to the problem not being
addressed sooner. Notwithstanding anything to the contrary in this Agreement, Landlord
will pay for repairs of conditions that materially affect the health or safety of an ordinary
resident (i.e., dangerous or hazardous conditions).
Remedies: If Landlord violates any of the above, Tenant may possibly terminate this
Agreement and exercise other remedies under Texas Property Code § 92.056 as
follows:
1. all Rent must be current, and Tenant must make a written request for repair or
remedy of the material condition delivered to Landlord, after which Landlord will
have a reasonable time for repair or remedy;
2. if Landlord fails to repair or remedy the situation, Tenant shall make a second written
request for the repair or remedy stating that Tenant intends to repair or remedy the
condition (to make sure that there has been no miscommunication between the
parties) - after which Landlord will have a reasonable time to repair or remedy.
If the repair or remedy still hasn't been accomplished within that reasonable time period,
Tenant may:
1. Terminate the lease; or
2. Have the condition repaired or remedied (by a qualified contractor) and deduct
from rent the cost of repair not to exceed one month's rent or $500.00,
whichever is greater, according to the provisions of 92.0561; or
3. Exercise other statutory remedies available under Texas Property Code Sections
92.0563 and 92.0561.
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2.8 ENTRY/ACCESS TO PREMISES BY LANDLORD
Landlord shall have the right at all reasonable times during the Term of this Agreement to
enter the Premises for the purpose of inspecting and exhibiting the Premises and all
buildings and improvements thereon. In non-emergency situations, Landlord will make a
good faith effort to notify Tenant at least twenty-four (24) hours prior to entry by one of the
following methods: telephone message, email message, or door hanger, and having made
such good faith effort shall enter as necessary. In an emergency situation, or if a repair is
requested by Tenant, Landlord is permitted to enter immediately without prior notice.
Tenant understands that Landlord will typically commence showing the Premises to
prospective tenants one hundred twenty (120) days or more before the expiration of the
Term of this Agreement, but may show the Premises to prospective tenants, purchasers, or
lenders at any time. Landlord shall further have the right to display "for sale", "for rent", or
"vacancy" signs in or about the Premises.
2.9 ABSENCES
Tenant is required to notify Landlord in writing of any anticipated absence from the
Premises in excess of seven (7) days, and shall make arrangements for the Premises to be
routinely checked on during absence. Such written notice must be provided no later than
the first day of any such absence. Landlord may enter the Premises at any time for any
reasonable purpose during Tenant's absence.
2.10 FAIR HOUSING
The federal Fair Housing Act prohibits discrimination based on race, color, national origin,
religion, sex (including gender identity and sexual orientation), familial status and disability.
All Parties to this Agreement shall act according to said law or any other classification
protected by federal, state, or local law applicable in the jurisdiction where the Premises is
located.
2.11 DAMAGE TO PREMISES
In the event the Premises are destroyed or rendered wholly untenable by fire, storm, or
other casualty not caused by the negligence of Tenant, this Agreement shall terminate
from such time except for the purpose of enforcing rights that may have then accrued
hereunder. The Rent provided for herein shall then be accounted for by and between
Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant
paying Rent up to such date and Landlord refunding Rent collected beyond such date.
Should a portion of the Premises thereby be rendered untenable, the Landlord shall have
the option of either repairing such injured or damaged portion or terminating this
Agreement. In the event that Landlord exercises its right to repair such untenable portion,
the Rent shall abate in the proportion that the injured parts bears to the whole Premises,
and such part so injured shall be restored by Landlord as speedily as practicable, after
which the full Rent shall recommence and the Agreement continue according to the terms.
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2.12 SECURITY DEVICES AND EXTERIOR DOOR LOCKS
Subchapter p of Chapter 92 of the Texas Property Code requires the Premises to be
equipped with certain types of locks, and security devices and will govern the rights and
obligations of the parties regarding security devices. "Security device" has the meaning
assigned to that term in §92.151 of the Texas Property Code. All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices
must be in writing. Installation of additional security devices or additional rekeying
or replacement of security devices desired by Tenant will be paid by Tenant in
advance, and may only be installed by Landlord or Landlord's contractors after
receiving a written request from Tenant.lf required by Subchapter p of Chapter 92 of
the Texas Property Code, Landlord has rekeyed the security devices on the Premises since
the date the last tenant vacated the Premises, or will rekey the security devices no later
than seven (7) days after Tenant moves into the Premises.
2.13 UTILITIES AND OTHER SERVICES
Landlord is not responsible for any discomfort, inconvenience, or damage of any kind
caused by the interruption or failure of any Utilities or Other Services. Landlord is not
responsible for outages or lapses caused by outside providers or for Tenant's use thereof.
Any billing methods described herein may be changed by Landlord by providing Tenant
with thirty (30) days prior written notice, or by the minimum number of days as required by
state and/or local law(s) (whichever is shorter), and Tenant acknowledges that in certain
situations it is necessary to make a change to the billing method.
2.14 SMOKE DETECTORS
Subchapter F of Chapter 92 of the Texas Property Code requires the Premises to be
equipped with smoke detectors in certain locations, and will govern the rights and
obligations of the parties regarding smoke detectors. Requests for additional
installation, inspection, or repair of smoke detectors must be in writing.
Disconnecting or intentionally damaging a smoke detector or removing a battery
without immediately replacing it with a working battery may subject Tenant to civil
penalties and liability for damages and attorney fees under §92.2611 of the Texas
Property Code.
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2.15 ARBITRATION
THIS ARBITRATION AGREEMENT IS MADE PURSUANT TO A TRANSACTION INVOLVING
INTERSTATE COMMERCE, AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION
ACT, TITLE 9 OF THE UNITED STATES CODE. LANDLORD AND TENANT (THE "PARTIES")
AGREE AND UNDERSTAND THAT THEY CHOOSE ARBITRATION INSTEAD OF LITIGATION
TO RESOLVE DISPUTES. THE PARTIES UNDERSTAND THAT THEY HAVE A RIGHT OR
OPPORTUNITY TO LITIGATE DISPUTES IN COURT, BUT THAT THEY PREFER TO RESOLVE
THEIR DISPUTES THROUGH ARBITRATION, EXCEPT AS PROVIDED HEREIN. EXCEPT FOR
ANY EXCLUDED CLAIM (AS DEFINED BELOW), ANY DISPUTE, CLAIM, DEMAND, ACTION,
PROCEEDING, OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER
RELATING TO THIS AGREEMENT OR OTHER LEASE DOCUMENTS AND ADDENDA,
PREMISES, OR THE PROPERTY, WHETHER FOR DAMAGES OR FOR INJUNCTIVE OR
OTHER LEGAL, EQUITABLE OR OTHER RELIEF, WHETHER ARISING UNDER FEDERAL,
STATE, LOCAL, COMMON, STATUTORY, REGULATORY, CONSTITUTIONAL, OR OTHER
LAW, BETWEEN TENANT AND LANDLORD SHALL BE SETTLED BY ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN THE
STATE IN WHICH THE PREMISES IS LOCATED. IF LANDLORD AND TENANT CANNOT
AGREE ON THE SELECTION OF AN ARBITRATOR WITHIN FIFTEEN (15) DAYS AFTER THE
REQUEST FOR ARBITRATION, THE AAA SHALL SELECT AN ARBITRATOR. THE
DETERMINATION OF THE ARBITRATOR IN SUCH ARBITRATION SHALL BE FINAL AND
BINDING AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE
ARBITRATOR SHALL ASSESS THE COST OF ARBITRATION AGAINST THE PARTY WHICH IS
NOT THE SUBSTANTIALLY-PREVAILING PARTY IN SUCH ARBITRATION. AN EXCLUDED
CLAIM IS ANY ACTION, PROCEEDING, OR CAUSE OF ACTION BY LANDLORD OR ITS
AGENT FOR THE EVICTION OF TENANT FROM THE PREMISES, TO RECOVER POSSESSION
OF THE PREMISES, OR TO COLLECT PAST-DUE RENTS OR OTHER SUMS DUE UNDER THIS
AGREEMENT OR ANY OTHER LEASE DOCUMENTATION.
AN EXCLUDED CLAIM ALSO INCLUDES ANY ACTION, PROCEEDING, OR CAUSE OF
ACTION BROUGHT BY TENANT PURSUANT TO CHAPTER 92 OF THE TEXAS PROPERTY
CODE. AN ACTION ON AN EXCLUDED CLAIM SHALL BE BROUGHT IN A COURT OF
COMPETENT JURISDICTION IN THE STATE IN WHICH THE COMMUNITY IS LOCATED.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS
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2.16 FLOODPLAIN
Are you aware that the property is located in a 100-year floodplain?
❑ Yes
0 No
If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even
if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to
flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its
Internet website that is searchable by address, at no cost, to determine if a dwelling is
located in a flood hazard area. Most tenant insurance policies do not cover damages or
loss incurred in a flood. You should seek insurance coverage that would cover losses
caused by a flood.
Has the property flooded 1 or more times in the last 5 years?
❑ Yes
I�c N o
Texas Code defines flooding as "the inundation of a partial or complete portion of the dwelling covered by
the /ease which was caused by the overflow of inland or tidal waters, the unusual and rapid accumulation
of runoff or surface waters from any established water source such as a river, stream or drainage ditch, or
excessive rainfall':
3. GENERAL PROVISIONS
THE PARTIES FURTHER AGREE TO THE FOLLOWING GENERAL PROVISIONS:
3.1 ASSIGNMENT AND SUBLETTING
Tenant shall not assign this Agreement, or sublet or grant any license to use the Premises
or any part thereof without the prior written consent of Landlord. Consent by Landlord to
one such assignment, subletting, or license shall not be deemed to be consent to any
subsequent assignment, subletting, or license. An assignment, subletting, or license
without the prior written consent of Landlord or an assignment or subletting by operation
of law shall be absolutely null and void and shall, at Landlord's option, terminate this
Agreement.
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3.2 ALTERATIONS AND IMPROVEMENTS
Tenant shall make no alterations to the buildings on the Premises or construct any
building, or make any other improvements (including painting of any kind) on the Premises
without the prior written consent of Landlord. Any and all alterations, changes, and/or
improvements built, constructed, or placed on the Premises by Tenant shall, unless
otherwise provided by written agreement between Landlord and Tenant, be and become
the property of Landlord, and remain on the Premises at the expiration of this Agreement.
Notwithstanding the foregoing, the Landlord may require the Tenant at Tenant's sole cost
and expense, to remove such improvements at the expiration of this Agreement and
return the Premises to its original condition at the commencement of this Agreement.
3.3 HAZARDOUS MATERIALS
Tenant shall not keep on the Premises any item of a dangerous, flammable, or explosive
character that might unreasonably increase the danger of fire or explosion on the
Premises, or that might be considered hazardous or extra hazardous by any responsible
insurance company.
3.4 MOLD AND MILDEW DISCLOSURE
Prior to commencement of this Agreement, Landlord and Tenant have visually inspected
the Premises and observed no visible mold or mildew, obvious water leaks, or presence of
excess moisture conducive to mold growth, unless expressly noted on the Condition of
Premises (or like-titled document). Landlord is not representing that a significant mold
problem exists or does not exist on the Premises, as such a determination may only be
made by a qualified inspector. Tenant agrees that it is their responsibility to hire a qualified
inspector to determine if a significant mold problem exists or does not exist on the
property. Tenant further acknowledges and agrees that Landlord, who has provided this
section, is not liable for any action based on the presence of or propensity for mold in the
property. Instead, Tenant must promptly notify Landlord in writing of a condition that
poses a hazard to property, health, or safety. Landlord will take appropriate action to
comply with applicable law, subject to any exceptions for natural disasters and other
casualty losses.
3.5 LEAD-BASED PAINT DISCLOSURE AND WARNING STATEMENT
Housing built prior to 1978 may contain lead-based paint. Lead from paint, paint chips, and
dust can pose health hazards if not managed properly. Lead exposures are especially
harmful to children and pregnant women. Before renting pre-1978 housing, Landlord must
disclose any known presence of lead-based paint, lead-based paint hazards, and/or
records or reports of lead-based paint in the dwelling. Tenant must also receive a federally-
approved pamphlet on lead poisoning prevention.
Page 15 of 21
Doc ID: 40e051b07e386f253114fc8d4f8e9f929fa16d51
3.6 MODIFICATION
This Agreement shall not be modified, changed, altered, or amended in any way except
through a written amendment signed by all of the Parties hereto.
3.7 CREDIT REPORTING DISCLOSURE
Tenant is hereby notified that a negative credit report statement may be submitted to a
credit reporting agency if Tenant fails to fulfill the terms of this Agreement.
3.8 MILITARY PERSONNEL CLAUSE / FAMILY VIOLENCE / SEX OFFENSES
OR STALKING
The federal Servicemembers Civil Relief Act allows a Tenant to terminate this Agreement,
under certain circumstances, if they enlist, are moved, or are drafted or commissioned in
the U.S. Armed Forces. Tenants may have additional rights, under state or local laws, to
terminate this Agreement early in certain situations involving family violence, certain sexual
offenses, or stalking. All Parties to this Agreement shall act according to any such federal,
state, or local law applicable in the jurisdiction where the Premises is located.
3.9 MATERIALITY OF APPLICATION TO RENT
All representations made by Tenant on the application (or like-titled document) (defined as
"Application to Rent") are material to the grant of this Agreement, and the Agreement is
granted only on the condition of the truthfulness and accuracy of said representations. If a
failure to disclose or lack of truthfulness is discovered on said Application to Rent, Landlord
may deem Tenant to be in breach of this Agreement and shall be good cause for
termination.
3.10 SUBORDINATION OF LEASE
This Agreement and Tenant's interest hereunder are, and shall be, subordinate, junior, and
inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the
Premises by Landlord, all advances made under any such mortgages, liens, or
encumbrances (including, but not limited to, future advances), the interest payable on such
mortgages, liens, or encumbrances and any and all renewals, extensions, or modifications
of such mortgages, liens, or encumbrances.
3.11 CHOICE OF LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. All Parties to this Agreement, including Third Party
Guarantors, if any, expressly consent to the venue of the courts of the county in which the
Premises is located.
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Doc ID: 40e051b07e386f253114fc8d4f8e9f929fa16d51
3.12 SURRENDER OF PREMISES
Upon the expiration of the Term hereof, Tenant shall surrender the Premises in as good a
state and condition as they were at the commencement of this Agreement, reasonable use
and wear and tear thereof excepted. For purposes of this Agreement, Tenant has
"surrendered" the Premises when: (i) the move-out date has passed and no one is living in
the Premises in Landlord's reasonable judgment; or (ii) the keys and access devices listed in
this Agreement have been turned in to Landlord, whichever happens first. Surrender,
abandonment, or judicial eviction ends Tenant's right of possession for all purposes, and
gives Landlord the immediate right to clean up, make repairs in, and relet the Premises;
determine any Security Deposit deductions; and remove property left in the Premises.
3.13 QUIET ENJOYMENT
Tenant, upon payment of all of the sums referred to herein as being payable by Tenant,
and Tenant's performance of all Tenant's agreements contained herein, and Tenant's
observance of all rules and regulations, shall and may peacefully and quietly have, hold,
and enjoy said Premises for the term hereof.
3.14 COMPLIANCE WITH LAWS
Tenant shall not violate any law or ordinance (federal, state, or local), or commit or permit
any waste or nuisance in or about the Premises, or in any way annoy any other person
residing within three hundred (300) feet of the Premises. Such actions shall be a material
and irreparable violation of the Agreement and good cause for termination of Agreement.
Page 17 of 21
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3.15 ABANDONMENT
If at any time during the Term Tenant abandons the Premises, Landlord may, at Landlord's
option, obtain possession of the Premises in the manner provided by law, and without
becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord
may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof,
for the whole or any part thereof, for the whole or any part of the then unexpired Term,
and may receive and collect all Rent payable by virtue of such reletting, and, at Landlord's
option, hold Tenant liable for any difference between the Rent that would have been
payable under this Agreement during the balance of the unexpired Term, if this Agreement
had continued in force, and the net Rent for such period realized by Landlord by means of
such reletting. If Landlord's right of reentry is exercised following abandonment of the
Premises by Tenant, then Landlord shall consider any personal property belonging to
Tenant and left on the Premises to also have been abandoned, in which case Landlord may
dispose of all such personal property in accordance with applicable law, and Landlord is
hereby relieved of all liability for doing so. For purposes of this Agreement, Tenant has
"abandoned" the Premises when all of the following have occurred: (i) Tenant appears to
have moved out in Landlord's reasonable judgment; (ii) clothes, furniture, and personal
belongings have been substantially removed in Landlord's reasonable judgment; (iii)
Tenant has been in default for nonpayment of Rent for five (5) consecutive days, or water,
gas, or electric service for the Premises not connected in Landlord's name has been
terminated or transferred; and (iv) Tenant has not responded for two (2) days to Landlord's
notice left on the inside of the main entry door stating that Landlord considers the
Premises abandoned. The Premises is also considered abandoned ten (10) days after the
death of a sole Tenant.
3.16 NO REPRESENTATIONS
Tenant acknowledges that Landlord has not made any representations, written or oral,
concerning the safety of the community or the effectiveness or operability of any security
devices or security measures. Tenant acknowledges that Landlord does not warrant or
guarantee the safety or security of Tenant or his or her guests or invitees against the
criminal or wrongful acts of third parties. Each Tenant, guest, invitee and Additional
Occupant(s) is responsible for protecting his or her own person and property.
3.17 ATTORNEY / COLLECTION FEES
To the extent allowed under applicable law, should it become necessary for Landlord to
employ an attorney to enforce any of the conditions or covenants hereof, or a collection
company to recover any financial loss, including the collection of Rent or gaining
possession of the Premises, the prevailing party shall be awarded its attorneys fees.
Page 18 of 21
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3.18 SEVERABILITY
If any provision of this Agreement or the application thereof shall, for any and to any
extent, be invalid or unenforceable, neither the remainder of this Agreement nor the
application of the provision to other persons, entities, or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by law.
3.19 TIME
Time is of the essence to the terms of this Agreement.
3.201NDEMNIFICATION
To the maximum extent permitted under applicable law, Landlord shall not be liable for
any damage or injury of or to the Tenant, Tenant's family, Additional Occupant(s), guests,
invitees, agents, or employees, or to any person entering the Premises or the building of
which the Premises are a part or to goods or equipment, or in the structure or equipment
of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify,
defend, and hold Landlord harmless from any and all claims or assertions of every kind
and nature.
3.21 DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience of reference only, and they are
not intended to have any effect whatsoever in determining the rights or obligations of the
Landlord or Tenant.
3.22 NON WAIVER
No indulgence, waiver, election, or non-election by Landlord under this Agreement shall
affect Tenant's duties and liabilities hereunder.
3.23 ENTIRE AGREEMENT
The foregoing Agreement constitutes the entire Agreement between the Parties and
supersedes any online, oral, or written representations or agreements that may have been
made by either Party. Further, Tenant represents that he or she has relied solely on his or
her own judgment, experience, and expertise in entering into this Agreement with
Landlord.
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Doc ID: 40e051b07e386f253114fc8d4f8e9f929fa16d51
3.24 WARRANTY OF HABITABILITY
Landlord hereby warrants that, at all times during the tenancy, it will comply with all
applicable provisions of any Federal, State, County or municipal statute, code, regulation or
ordinance governing the maintenance, construction, use or appearance of the Property to
keep the Property safe and fit for human habitation. Tenant hereby warrants that at all
times during the tenancy, tenant will comply with any Federal, State, County or municipal
statute, code, regulation or ordinance governing the use of the Property, including but not
limited to disposal of garbage and waste, keeping systems in good working order,
protection of the property from destruction and communication to Landlord in writing
about problems that need to be addressed in the proper time frame using the following
communication methods:
Communication Methods
Allowed:
Phone Number:
(214) 893-1830
x❑ Online Maintenance Requests via TurboTenant
❑ US Mai
❑Email
0 Text Message
❑ Other
Page 20 of 21
Doc ID: 40e051b07e386f253114fc8d4f8e9f929fa16d51
4. SIGNATURES
THE TENANT UNDERSTANDS THAT THE EXECUTION OF THIS AGREEMENT ENTAILS AN
IMPORTANT DECISION THAT HAS LEGAL IMPLICATIONS. TENANT IS ADVISED TO SEEK HIS
OR HER OWN COUNSEL, LEGAL OR OTHERWISE, REGARDING THE EXECUTION OF THIS
AGREEMENT. TENANT HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ THIS
AGREEMENT, UNDERSTANDS IT, AGREES TO IT, AND HAS BEEN GIVEN A COPY. ELECTRONIC
SIGNATURES MAY BE USED TO EXECUTE THIS AGREEMENT. IF USED, THE PARTIES
ACKNOWLEDGE THAT ONCE THE ELECTRONIC SIGNATURE PROCESS IS COMPLETED, THE
ELECTRONIC SIGNATURES ON THIS AGREEMENT WILL BE AS BINDING AS IF THE
SIGNATURES WERE PHYSICALLY SIGNED BY HAND.
WITNESS THE SIGNATURES OF THE PARTIES TO THIS AGREEMENT:
TENANT(5):
✓11./Y���✓ aCaCL' Date: 04 / 24 / 2024
Company
Name:
MMXXIV LLC
Page 21 of 21
Doc ID: 40e051b07e386f253114fc8d4f8e9f929fa16d51
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M&C Review
CITY COUNCIL AGENDA
Page 1 of 7
Official site of the City of Fort Worth, Texas
P��� ��A��'�
-:��
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 N� : 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 $Z,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 GOAL
Promote Affordable Housing Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement Enhance 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
ging 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
architectural 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 Support programs and services to improve the mental and physical
health of low-to moderate-income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the ma�or housing ana community aeveiopment
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 Pian, 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
TABLE 1: CDBG AGENCIES
CONSOLIDATED PLAN
AGENCY GOAL PROGRAM AMOUNT
B Christian Learning Children and Youth Out of School Time $7g,218.00
Center Services Program
Boys & Girls Clubs of Children and Youth Youth Development ��0,000.00
Greater Tarrant County, Inc. Services at Eastside Branch
Children and Youth 000.00
Camp Fire First Texas Services Teens In Action $50,
Cancer Care Services Healthy Living and Cancer Care $50,000.00
Wellness Services
Easter Seals North Texas, Economic Employment
Inc. Empowerment and Services $60,000.00
Financial Resilience
Giris Incorporated of Tarrant Children and Youth 000.00
County Services Leadership Program $100,
Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00
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M&C Review
using Channel
Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals-On-Wheels, Inc. of
Tarrant Countv
NPower Inc.
e Ladder Alliance
he Women's Center of
arrant County, Inc.
Promote Affordable Housing Counseling
Housing for Renters and & Education
Owners
Children and Youth Cradle to Career
Services Initiative
Children and Youth �aroon 9 Teen
Services Enrichment Program
ing In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Nutrition Program
Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
IDevelopment
Employment
Solutions
United Community Centers, Children and Youth Holistic Educational
Inc. Services Literacy Program
CDBG Public Services Agencies Total
Rehabilitation, Education
and Advocacy for Citizens ccessibility Project Ramp
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for H P f
Page 5 of 7
$111,000.00
$25,000.
$25,000.0
$75,000.
$25,000.0
'�:� ��� ��
$75,000.0
$125,000.00
1,049,218.0
$165,000.
ousing reserva ion
Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up �� $455,000.0
Habitat for Humanity
CDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
$620,000.00
1,669,218.00
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration, Support Services, Short-Term Rent,
Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Center, Inc. gased Rental Assistance
Tarrant County Administration, Facility-Based Operations, Supportive
Samaritan Housing, Services, Tenant-Based Rental Assistance (TBRA) �1,300,000.00
Inc.
TOTAL HOPWA CONTRACTS $1,729,850.00
Emergency 5olutions vrants
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter Operations/Services $116,635.00
County, Inc.
Lighthouse for the Homeless dba True Worth Day Shelter $158,400.00
Place Operations/Services
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M&C Review Page 6 of 7
�The Salvation Army ��Homelessness Prevention �$150,000.00
Center for Transforming Lives Rapid Re-Housing $75,901.00
SafeHaven of Tarrant County Shelter Operations/Services $63,816.00
TOTAL ESG CONTRACTS $564,752.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and stafFing that aligns with the available
funding. 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 Department
ID
FROM
Fund Department
ID
Account
Account
Project I Program Activ
ID
Project Program Activity
ID
Submitted for City Manaqer's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Budget Reference # I Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
19NS ACTION PLAN 2023 Aqency Form 1295 Forms.pdf (CFW Internal)
http://apps.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 7 of 7
Action Plan SOS Filinqs.pdf (Public)
ConPlan July 12 Public Hearin .q pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Community Enqaqement Report June 2,
2023.pptx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx (Public)
ORD APP 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 A023(r7).docx
(Public)
httn://apbs.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023