HomeMy WebLinkAboutContract 53259-R5A4CSC No. 53259-R5A4
RENEWAL FIVE AND AMENDMENT FOUR
TO CITY OF FORT WORTH CONTRACT NO. 53259
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth, a Texas home -rule municipal corporation (hereinafter referred to as the "City,") acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and HEMPHILL SAMARITAN,
LP ("Landlord"), a Texas Limited Liability Company, each individually referred to as a "Party" and
collectively referred to as the "Parties."
RECITALS
WHEREAS, on December 16, 2019, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53259 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental
assistance program;
WHEREAS, the Agreement's Initial Term was from June 1, 2019 to May 31, 2020 and
allowed for annual renewals upon agreement of the Parties; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year -term beginning
June 1, 2024 and expiring Mav 31, 2025 ("Fifth Renewal Term"), unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement and
shall be binding and enforceable as if they were originally included therein.
1. Section 3.1 Security Deposit shall be amended and replaced as follows:
3.1 Security Denosit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 53259- Renewal 5 and Amendment 4 Page 1 of 5
CoFW and Hemphill Samaritan, LP
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as
follows:
3.2 Rent and Amounts Pavable by City
3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial
Term is $771.75 per month for the Unit. The City has been notified that the Tenant's total
Rent during the first renewal term is $772.00 per month for the Unit. The City has been
notified that the Tenant's total rent during the second renewal term is $772.00 per month
for the Unit. The City has been notified that the Tenant's Total Rent during the third
renewal term is $810.00 per month for the Unit. The City has been notified that the
Tenant's Total Rent during the fourth renewal term is $900.00 per month for the Unit. The
City has been notified that the Tenant's Total Rent during the fifth renewal term,
beginning June 1, 2024 and expiring May 31, 2025 ("Fifth Renewal Term"), is
$1,000.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $227.00 of rent per month
for the Unit. The Tenant during the first renewal term shall be responsible for $169.00 of
rent per month for the Unit. The tenant during the second renewal term shall be responsible
for $139.00 of rent per month for the Unit. The Tenant during the Third Renewal Term
shall be responsible for $248.00 of rent per month for the Unit. The Tenant during the
Fourth Renewal Term shall be responsible for $270.00 of rent per month for the Unit. The
Tenant during the Fifth Renewal Term shall be responsible for $276.00 of rent per
month for the Unit.
During the Initial Term, City shall pay $544.75 towards the Tenant's Total Rent for the
Unit (" City Portion"). During Tenant's first renewal term, City shall pay $603.00 towards
the Tenant's Total Rent for the Unit. During the Tenant's second renewal term, City shall
CSC No. 53259- Renewal 5 and Amendment 4 Page 2 of 5
CoFW and Hemphill Samaritan, LP
pay $633.00 towards the Tenant's Total Rent for the Unit. During Tenant's Third Renewal
Term, the City Portion shall be $562.00. During Tenant's Fourth Renewal Term, the City
Portion shall be $630.00. During Tenant's Fifth Renewal Term, and until either this
Agreement expires or Landlord is notified by City otherwise, the City Portion shall
be $724.00 of rent per month for the Unit. Neither City nor does HUD assume any
obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord
against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent
in accordance with this Agreement. Tenant shall be liable for rent, payments, and other
fees associated with the Unit and City shall not be obligated by law or in equity for any
amount other than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
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:
I . The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due.
Payments for the first month may be somewhat delayed as a result of the registration and initial
set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due.
If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud,
and late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty
(30) days of the day payment is due. If Landlord elects to receive payment by paper check,
under no circumstances shall late fees be assessed against Tenant or City for late payment by
the City.
CSC No. 53259- Renewal 5 and Amendment 4 Page 3 of 5
CoFW and Hemphill Samaritan, LP
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.
M.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 53259- Renewal 5 and Amendment 4 Page 4 of 5
CoFW and Hemphill Samaritan, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective June
1, 2024.
FOR CITY OF FORT WORTH:
'�Cj_
Name: Fernando Costa
Title: Assistant City Manager
Date: May 30, 2024
APPROVAL RECOMMENDED
K"
Name: Kacey Bess
Title: Interim Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
C%�'.!L(G¢GIGLIi WGGGGLL//LOB
Name: Jessika Williams
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
CY`uie2- �a,rza/
Name: Cyndee Garza
Title: Sr. Human Services Specialist
FOR LANDLORD:
t5&d a'k w4du. rmt'�
Deborah Washington (May 29, 2024"15:06 CDT)
Name: Deborah Washington
Title: Landlord
Date: May 29, 2024
4,D�pvOOgq
114
ATTEST: dd,, Fo!+ro�°o
pro °.10
Pvo o
°�Q4Z�A�6544b
Name: Jannette Goodall
Title: City Secretary
Date: May 31, 2024
M&C No.: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 53259- Renewal 5 and Amendment 4 Page 5 of 5
CoFW and Hemphill Samaritan, LP
' This Lease is valid only if filled out before January 1, 2026.
I FNXS.VPAKT\Ilt 'l Apartment Lease Contract
This is a binding contract. Read carefully before signing,
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms 'we," "us," and "our" refer to the owner listed below.
PARTIES
Residents
Owner Hemphill Samaritan LP
Occupants Above name onlv
LEASE DETAILS
A. Apartment (Par. 2)
B. Initial Lease Term. Begins: 06/01/2024
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5)
$ 1000.00 $
Note that this amount does not
D. Prorated Rent include anyAnimal Deposit, which
would be reflected in an Animal
$ Addendum.
® due for the remainder oflst
month or
❑ for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee
❑ _% of one nlonth's monthly base rent or
Z$ 35.00
Due if rent unpaid by 11:59 p.m, on the
Ends at 11:59 p.m. on: 05/31/2025
F. Notice of Termination or Intent to Move Out (Par.4)
A minimum of 30 days' written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
If the number of days isn't filled in, notice of at least 30 days
Is required.
Daily Late Fee
O % of one month's monthly base rent for days or
❑ $ 0.00 for _ days
5th _ (3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2)
Payment Fee (Par.3.4)
$
$ 35.00
Notice of days is required.
You are not eligible for early termination if
I. Reletting Charge (Par. 7.1)
you are in default.
A relettin charge of $ 850 .
9 00 9
Fee must be paid no later than
days after you give us notice
(not to exceed 85% ofthe highest
Ifany values or numberofdays are blank or "0,'
monthly Rent during the Lease term)
then this sectiondoesnotapply.
may be charged in certain default
situations
K. Violation Charges
Animal Violation (Par.12.2)
Initial charge of $ 100.00 per animal (not
to exceed $100 per animal) and
Adailychargeof$ 10.00 peranimal
(not to exceed $10 per day per animal) -
Insurance Violation (Master Lease Addendum
or other separate addendum)
5
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 0.00 Cable/satellite $ Internet $
Package service $ Pest control 5 Stormwater/drainage $
Trash service $ Washer/Dryer $
Other: $
Other: 5
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ (not to exceed $50) to be paid within 5 days of written notice (Par.3.5)
N. Other Charges and Requirements. You will pay separately forthese items or comply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: $ Required Insurance liability Limit (per occurrence): $
Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page I of 6
t d f t. ,l Fir 1 [' e7 a (I h I I 1 ' '�
1. Definitions. The following' are commonly used in this Lease:
1.1. "Residents" are those iisted in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, butwho do not sign this Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means "including but not limited to
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRent anorbefore the lstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment of Ren t, and you agree not paying Rent on
orbefore the 1st ofeach month is a material breach of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless oyour performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
3.3. Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term if the
change applies to all residents.
Ifyour electricity is interrupted, you must use only battery -
operated lighting (no Flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —including disconnection for not
paying your bills —until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date. If you delay getting service turned on in your name
by this Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utility should have been billed to you.
If your apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name after you move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
Apartment Lease Contract 02023, Texas Apartment Association, Inc.
4. Automatic Lease R it and Notice of Termination. This Lease
will automatically ret,. ..ionth-to-month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1. If the number of days isn't filled in, no-
tice cf at least 3o days is required.
5. Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aive us your advance
notice of move out as provided by Par. 25 and forwarding
address in writina to receive a written description and
itemized list of charges or refund. In accordance with this
Lease and as allowed by law, we may deduct from your
security deposit any amounts due under this Lease. if you
move out early orin resoonse to a notice to vacate, vou'll be
liable for rekevina charoes. Upon receipt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no laterthan 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
6. Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you orwe suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, Flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
7. Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85% of the highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are jud icially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to in 73 or 8.1 below, if this
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end ofthe Lease term ifall of
the following occur. (a) as outlined in Lease Details, you give
us written notice of early termination, pay the EarlyTermina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over, and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave theright under
Texas law to terminate this Lease earlyin certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death of a sole resident.
8. Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
Page 2of6
9. Care of Unit and Damage must promptly pay or reimburse us
for loss, damage, consequet. .lamages, government fines orcharg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewater stoppage is due to ournegligence,
were not liable for —and you must pay for —repairs and replace-
ments occurring during the Lease term or renewal period, includ-
Ing. (A) damage Gam wastewaterstoppages caused by improper
objects in lines exclusively serving your apartment (B) damage to
doors, windows, or screens; and (C) damage from windows or doors
leftopen.
10. CommunityPoIIcies.Community Policies becomepart ofthis
Lease and must be followed. We may make changes, including addi-
tions, to our wriitten Community Policies, and those changes can be-
come effective immediately if the Commu nity Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken ofyou while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 4 days in one week
without our prior written consent, and no more than twice
that many days in any one month. if the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any ofyour occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner,
(c) disturbir, 'veateningthe rights, comfort, health, safetyr
orconvo. e of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
0) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted 'at home' by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures of any kind are allowed, even tempo-
rarily, anywhere in the apartment or apartment community un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death ofthe
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at anytime during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking ofall motorized vehicles and
other modes of transportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter.lfyou or any other resident, guest or occupant
is present then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes ifwritten notice of
the entry is left in a conspicuous place in the apartment immediately
afterthe entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract Q2023, Texas Apartment Association, Inc. Page 3 of 6
15. Requests, Repairs and Me-tions.
15.1. Written Requests k-_,.Ired. lfyouorany occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, or security -related matters —
it must be written and delivered to our designated
representative in accordance with this Lease (except for
fair -housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written requestfrom you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whethe►or which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. 'Reasonable time'
accounts for the severity and nature ofthe problem and
the reasonable availability of materials, labor, and
utilities. Ifwe fail to timely repair a condition that
materially affects the physical health or safety of an
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose ofyour personal property if, in
our solejudgment, it causes a health or safety hazard or impedes our
ability to make repairs.
Texas Property Cod%92.151,92.153,and 92.1S4require, with
some exceptions, ti. : provide at no cost to you when occupancy
begins: (A) a windowlatch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door, (C) a pin lock on each sliding
door; (0) either a door -handle latch or a security bar on each sliding
door, (E) a keyless bolting device (deadbolt) on each exteriordoor,
and (F) either a keyed doorknob lock or a keyed deadbottlock on
one entrydoor. Keyed locks will be►ekeyedafterthe priorresident
moves out. The rekeying will be done eitherbefore you move in or
within 7 days after you move in, as required bylaw. If we fail to in-
stall or rekeysecurity devices as required bylaw, you have the right
to do so and deduct the reasonable cost from yournext Rent pay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over SS or disabled, and (0) the require-
ments of Texas Property Code sec. 91.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. If you damage or disable the
smoke alarm or remove a battery without replacing it
with a working battery, you maybe liable to us under
Texas Property Code sec.92.2671 fo►$100plusone
month's Rent, actual damages, and attorney's fees.
19.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable ifyou fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required bylaw, none
of us, our employees, agents, ormanagement companies are liable
to you, your guests or occupants for any damage, personal injury,
loss to personal property; or loss ofbusiness or personal income,
from any cause, including butnot limited to: negligent or intention-
al acts ofresidents, occupants, or guests; theft, burglary, assault,
vandalism or othercrimes; fire, flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, Injury or loss is
caused exclusively by our negligence.
We do not warrant security of any kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and thatyou will call911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, anyfalse alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
16.1. Property Closure. We also have the right to terminate 20.1.
this Lease and your right to possession by giving you at
least 30 days' written notice oftermination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offerto rent or
license all or any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything ofvalue from anyone else for the use of any part of
your apartment. You agree not to list any part ofyour apartment on
any lodging or short-term rental website orwith any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll Davfor missina security de-
vices that are reauired by law. You'll Dav for: (Al rekevina that
you request (unless we failed to rekev after the previous resi-
dent moved outl: and IBI repairs or replacements because of
misuse or damage by you or vour family, vour occupants, or vour
quests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
20.2.
As -is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion of the form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premises for purposes of determining any refund due to
you when you move out -Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls and in
grooves of wood -paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door -
Apartment Lease Contract ®2023, Texas Apartment Association, Inc. Page 4 of 6
bells, or lock chang, fitions, or rekeying is permitted
unless required by Ir . we've consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed byfederal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs ofthe same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you ifallowed by law. If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
L'S1r .kll#ffif$lat7fgiC�1?i1'?�c"x" 1 24.
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. 1 ndemnification byYou. You71 defend, indemnify and hold us
and our employees, agents, and management company
harmless from allliability arising from your conduct or
requests to our representatives and from the conduct of or
requests by your invitees, occupants or guests.
23. Default by Resident.
23.1. Acts of Default. You'll be in default if. (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. lfyoudefault,including holding over, wemay
end your righ t of occupancy by giving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filing an eviction suit we may still accept Rent or other
sums due; the filing oracceptance doesn't waive or
diminish our right of eviction or any other contractual or
statutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed forthe full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent forthe rest ofthe Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
If you don't r c? first month's Rentwhen or before this Lease
begins, all fur, ent for the Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term ofthe previously signed lease of a
new resident who can't occupy because ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
Representatives' Authority and Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
authorityto waive, amend, or terminate this Lease or anypart ofit
unless in writing and signed, andno authorityto make promises, rep-
resentations, or agreements that impose securityduties or other ob-
ligations on us or our representatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce or delay enforcement ofwritten-no-
tice requirements, rental due dates, acceleration, liens, or any other
rights isn't a waiver under any circumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease tern begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owners lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move -Out Notice. Before moving out, you must give our represen-
tative advance written move -out notice as stated in Par. 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each ofthe following:
(a) Unless we require more than 30 days' notice, ifyou give
notice on the first day ofthe month you intend to move
out, move out will be on the last day ofthat month.
(b) Your move -out notice must not terminate this Lease
before the end ofthe Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end ofthe Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. Ifyou don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 of 6
normal wear (that is,, • or soiling that occurs without
negligence, careless iccident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide ajoint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction,modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrenderedthe apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
'A9!11;1.1,IW:rll.'Yircaririr4tl,!,I,"IL�0?'-.�ArN.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur: (1) this Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable)
29. Severability and Survivability. If any provision ofthis Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.1, 10.2,16,22.1, 27,30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive yourrlght to bring,
represent, join or otherwise maintain a class action,
collective action or similar proceeding against us in
any forum.
YOU UNDERIT^ND THAT, WITHOUT THIS WAIVER. YOU
COULD BE P 'Y IN A CLASS ACTION LAWSUIT. BY
SIGNI GTHr_ _ASE.YOUACCEPT THIS WAIVERAND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE,
THE TERMINATION OR EXPIRATION OF THIS LEASE.
Force Majeure. ifwe are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, Rood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions in this Lease.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
=er'sl
septa v (si in on alfo er)
Apartment Lease Contract, TAA Official Statewide Form 23-A/B-1 /B-2 Revised October 2023 Page 6 of 6
��. Lease Contract Addendum for Ur'*s
■ -via \ Participating in Government Regu._ _ad
"` `1�'WAR "5"'< Affordable Housing Programs
1. Addendum. This is an addendum to the Lease Contract
("Lease') executed by you, the resident(s), on the dwelling
you have agreed to rent. That dwelling is:
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Participation in Government Program. We, as the owner of
thedwelling you are renting, are participating inagovernment
regulated affordable housing program.This program requires
both you and us to verify certain information and to agree to
certain provisions contained in this addendum.
3. Accurate Information in Application.Bysigningthisadden-
dum, you are certifying that the information provided in the
Rental Application or any Supplemental Rental Application
regarding your household annual income istrue and accurate.
4. Request(s) for Information. By signing this addendum, you
agree thatthe annual income and othereligibilityrequirements
for participation in this government regulated affordable
housing program are substantial and material obligations
under the Lease. Within seven days after our request, you
agree to comply with our requests for information regard-
ing annual income and eligibility, including requests by the
owner and the appropriate government monitoring agency.
These requests to you may be madetoyou now and anytime
during the Lease term or renewal period.
5. Failureto Answeror Inaccurate Information May Be Good
Cause Grounds for Eviction.lfyou refuseto answerordo not
provide accurate information in response to the requests in
Par. 4 above, it may be considered a substantial violation of
the Lease and good cause grounds forterminating and/ornot
renewing your Lease and for an eviction. It makes no difference
whetherthe inaccuracy ofthe information you furnished was
intentional or unintentional.
6. Termination or Non -Renewal of Lease for Housing Tax
Credit (HTC), HOME Program, NHTF Program and Prop-
erties Owned by Public Facility Corporations. Provisions
in Par. 6-6.5 of this Addendum shall apply only to residents
living in a dwelling covered by the HTC, NHTF and HOME
programs or properties owned by a PFC under Texas Local
Government Code. Par. 6-6.5 of this Addendum also override
any contrary provisions contained in the Lease. We will not
evict a resident solely on the basis that the resident is or has
been a victim of domestic violence, sexual assault or stalking,
or has participated, testified or assisted in any matter covered
by the Violence Against Women Act 2022.
6.1 Housing Tax Credit Program. For rental properties par-
ticipating in the HTC program, IRS Revenue Ruling 2004-82
provides that a property owner may not evict a resident
or terminate a tenancy except for good cause. In addition,
for HTC units, we must provide the notice required under
the Lease if evicting during the lease term or if terminat-
ing your residency at the end of an initial or renewal term.
In addition, for HTC units, we must provide written notice
specifying the grounds for eviction during the lease term
or if we terminate your residency at the end of the initial
or renewal term.
6.2 HOME Program. For rental properties participating in the
HOME program, federal regulation 24 CFR 92.253 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations of applicable federal, state or local law,
completion ofthe tenancy period forTransitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
ofleases for reasons otherthan good cause are prohibited.
In addition, for HOME program units, the property owner
must provide a residentwith at least 30 days written notice
before either seeking an eviction or not renewing a Lease.
The written notice must specify the grounds for eviction
or nonrenewal ofthe Lease.
6.3 NHTF Program. For rental properties participating in the
NHTF program, federal regulation 24 CFR 93.303 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations ofapplicable federal, state or local law,
completion ofthe tenancy period for Transitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons other than good cause are prohibited.
In addition, for NHTF program units, the property owner
must provide a written notice that specifies the grounds
for eviction or nonrenewal of the Lease.
6.4 Properties Owned byPFCs. For PFC-owned properties,the
owner may only refuse to renew the lease if the resident:
(1) if in material noncompliance with the Lease, including
nonpayment of rent; (2) committed one or more substan-
tial violations of the Lease; (3) failed to provide required
information on income, composition, or eligibility of the
resident's household; or (4) committed repeated minor
violations of the Lease that disrupt the livabilityof the prop-
erty, adversely affect the health and safety of any person or
right of quiet enjoyment of the lease premises and related
development facilities, interfere with management of the
development or have an adverse financial effect on the
development, including failure of the resident to pay rent
in a timely manner. In addition, we must provide a resident
with at least 30 days written notice of nonrenewal of the
Lease. The owner may not retaliate or take action against
a resident or the resident's guests because the resident
established, attempted to establish or participated in a
resident organization.
6.5 Good Cause. If challenged by a resident, a court may deter-
mine if a property owner has good cause to evict, terminate
a tenancy or not renew the Lease. We must provide a 30-day
written notice before seeking an eviction for nonpayment of
rent. Ifthe CARES Act is modified to eliminate the 30-day notice
requirement, HUD or Treasury requirements will supersede
this 30-day notice requirementfor nonpayment of rent. "Good
cause" may include, but is not limited to, nonpayment of rent,
failure to answer or provide accurate information, as required
by Par. 4 and 5 of this Addendum, serious or repeated Lease
violations, or breaking the law.
No Lien or Lockout for Unpaid Sums. For rental proper-
ties that are supported by HTC allocations, sec. 2306.6738,
Texas Government Code, prohibits such property owners
from threatening orconducting a lockout unless: allowed by
judicial process; necessaryto perform repairs orconstruction
work orresponding toan emergency. Personal propertyofa
residentmay not be seized or threatened to beseized except
byjudicial process unless the premises has been abandoned
as required by 24 CFR 92.253.
TAA Official statewide Form 23-V, Revised July, 2023
Copyright 2023, Texas Apartment Association, Inc. _.._
S. Insurance. Insurance is quired but is still strongly recom-
mended. Though not re,, ed, we urge you to get your own
insurance for losses due to theft, fire, water, pipe leaks, and
similar occurrences.
10. ConflictwithGo• ing Law.To the extent that any part of
your Lease orthisa,,tdumconflicts with applicable federal,
state, or local laws or regulations, the law or regulation over-
rides that portion of your Lease or this addendum.
9. Student Status. Bysigning this addendum, you agree to notify
the owner, in writing, if there are any changes in the student
status of any residents (including replacement residents)
occupying the unit.
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
Resident
signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
TAA Official Statewide Form 23-V, Revised July, 2023
Copyright 2023, Texas Apartment Association, Inc.
COMMUNITY POLIO ; ADDENDUM
1. Addendum. This is an addendum to the Lease between you and us for Apt. No. in the
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Payments. All payments for any amounts due under the Lease must be made:
® at the onsite manager's office
❑ through our online portal
❑ by mail to or
❑ other:
The following payment methods are accepted:
❑ electronic payment
® personal check
® cashier's check
® money order, or
❑ other:
We have the right to reject any payment not made in compliance with this paragraph.
3. Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid
utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers,
scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company
representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to
open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing
or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm
charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by
you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters;
late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys
and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent
if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred in rekeying security
devices required by law if you vacate the apartment in breach of this Lease.
Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by:
❑ online portal
® email to
® hand delivery to our management office, or
® other: overniqht slot
From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing
this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you
provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call
list. To oot out of receiving these messages. olease submit a written reauest to us by the method noted above.
You aaree to receive these messages from us throuah an automatic telephone dialing system. orerecordedlartificial voice
messages. SMS or text messaaes. or anv other data or voice transmission technoloov. Your aureement is not required as a
condition of the purchase of anv orooertv. 000ds. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
5. Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's
expense at any time if the vehicle: (a) has a flat tire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or
staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated "no parking" area; (i) is in a space that requires a permit or
is reserved for another resident or apartment; Q) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or
(m) is not moved to allow parking lot maintenance.
6. HVAC Operation. If ll erior temperature drops below 32' F you must keep the hr and set to a minimum of 50* F. You must
also open all closets, cabins:,., and doors under sinks to assist in keeping plumbing fixturt_ ..nd plumbing pipes from freezing, and you
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32' F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of anyAmenities by you, your invitees, your licensees, your occupants, or your guests. This
release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities.
B. Package Services. We M do or ❑ do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
9. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable
accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations
under applicable law.
10. Special Provisions. The following special provisions control over conflicting provisions of this form:
Rental Insurance is not required but highly encouraged. TCSH is not liable for damages to
your personal property. We will not provide alternate housing in case of an emergency
evacuation.
Signature of All Residents
Signature of Owner or 6wner's Representaf
Texas Apartment Association
For Moro Information Consumer Product Safsrty Commission (CPSCI
Tha National Laatl Inlonnatlon Gntar
Loam now [o protect chlklmn Irem lead poisoning and get other
Inlonnatlen about kad M1avrtlz an the Web at epa9ov/safizwatcr and
nt,a.gavnaaa,w[an taoorza-LEwo Is3231.
EP -N H.kin. Waaar HeU
Far Inrarmaaon above kad In tlrin4lnq water, call 1-aOgy16�]91, pr
ylam epa.goy]kad roc mrormmbn aboux Ieae m adnang weer.
ar M1oduca Saraq Cemmlaalon (CPSCI He[Ilna
Far In(ermailon en katl In mys ana ether conwmer products, or [o
report an unsafe consumer proauc[ er a produc[iebted Injury, ull
laoo-sa0.1»1, ar Nzh CPSC's webzl[e at cpscgov er
satemmduc[s.gw.
Some
hula and —. Haanh and EnNronmanul Agandaa
sates, tribes, and cldea have their own mlea related to lead-
bazed palnc Check with your local agency to see wM1ICM1 laws appM
to you Mes[ agencies con else provide In/arme[lon on fi.diurcesng
a lead aba lemon[d—I In your area, and on possible soe/
1—.1 old for reducing leatl havrdz. RtteNe uptore address
and phone Informaaon /w your aGte or lout contacts en the Web a[
epa.9w/zaf<waxcn or contact xhe National Lead Information Center a[ _oQ{2FLEAQ
Hearing-ar spetthcM1allenged lndlvldual, may access any oI,h,
phone numbers In this brochure through by ailing [ne td4
free F.— SeMce at 1-80a2»4s-331s9.
The CPSC pro[ecu the public against unreasonable risk o/Injury
ham consumer products through education, safety standards
aaivlcies, and en/orcemenx. Conua CPSC for further InlD�+naaon
regarding consumer product safety and regulations.
CPSC
4330 East Wes[ Highway
Bethesda, MD 20614-4421
1 00-0-2>]2
Cpscgov or saferproducts.gov
U. S. Department of Housing and Urban
Development (HUD)
HUD's mission Is to create strong, susminable, Inclusive
unities and quallry affordable homes For all. Office e/
Lead Hav,d C:onnol and Heahhy Homes /or further Informed..
regarding th< Lcad Safe Housing Rule, which protecv /amllles In
pre-19]B assisted housing, and /w the lead havN control and
research gram programs.
HUD
4S1 5-1l[ 51—L SW, Room 11236
Washington, DC 20410.3( 0
202) 402-7698
ud.gov/lead
IMPORTANTI
Lead Frp Paint Dust and Soil In and
Around Your Homa Can Be Dangerous 11
Not Managed Properly
Children under 6 yeas dd art most at HA for kad
,1b—in9In ywr hssme.
Lead expowre un harm y ng chlldrm and bables even
beloretheyarebom.
Horn-sd+wsand mild can radlM bulk be-19ya
ate nk* to canuln Ieahbased palm
Evm dilHrtn who seem heahhy mtl' have dangerous
ksehofkadln,hdrbodkt
Da urbing surfaces whh kad-based paint or removing
Itadh ,stl paint knpmpedy an in—, the danger m
yourfamily.
People an gee ksd into choir bodin by bmathing or
swalbMng kad dust or by eadng soil a pains thip,
—Wning Ind.
People have marry options for,Mucing kad 1-u, ds.
G-0y, lead-brsed paint that Is in good cprdhbn is hat
a haaard Bee page 101.
0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785
0 EPA Region 6 Office (includes Texas)-214/665-2704 0 CPSC-800/638-2772 0 National Lead Information Center-800/424-5323
FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT
OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS
LEAD WARNING STATEMENT Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health haz-
ards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors
(owners) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (residents) must also receive
a federally approved pamphlet on lead poisoning prevention. (This addendum is a'pamphlet'within the meaning of federal regulations. The term 'in
the housing' below means either inside or outside the housing unit)
LEAD-FREE HOUSING If the housing unit has been certified as 'lead free'according to 24 CFR Section 35.82, the lead -based paint and lead -based
paint hazard regulations do not apply, and it is not necessary to provide this addendum, or a lead -based paint warning pamphlet and lead -based paint
disclosure statement, to the lessee (resident).
LESSOR'S DISCLOSURE
Presence of lead -based paint and/or lead -based paint hazards (check only one box)
Lessor (owner) has no knowledge of lead -based paint and/or lead -based paint hazards in the housing.
O Lessor (owner) knows that lead -based paint and/or lead -based paint hazards are present in the housing (explain).
Records and reports available to lessor (checkonlyone box)
0 Lessoi (owner) has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing.
O Lessor (owner) has reports or records indicating the presence of some lead -based paint and/or lead -based paint hazards in the
housing, and has provided the lessees (residents) with all such records and reports that are available to lessor (list documents).
Agent's Statement. If another person or entity is involved in leasing the dwelling as an agent of the lessor (i.e., as a management company, real estate
agent or locator service acting for the owner), such agent represents that: (1) agent has informed the lessor of the lessor's obligations under 42 U.S.C.
4852(d); and (2) agent is aware of agent's responsibility to ensure that lessor complies with such disclosure laws. Such compliance maybe through
lessor himself or herself, or through lessor's employees, officers or agents. Lessor's obligations include those in 24 CFR Sections 35.88 and 35.92 and 40
CFR Sections 745.107 and 745.113. Agent's obligations include those in 24 CFR Section 35.94 and 40 CFR Section 745.115.
Accuracy Certifications and Resident's Acknowledgment. Lessor and any agent named below certify that to the best oftheir knowledge the above
information and statements made or provided by them, respectively, are true and accurate.The person who signs for the LESSOR maybe: (1) the owner
himself or herself; (2) an employee, officer or partner of the owner; or (3) a representative of the owners management company, real estate agent or
locator service if such person is authorized to sign for the lessor. The person who signs for the AGENT maybe: (1) the agent himself or herself; or (2) an
employee, officer or partner ofthe agent ifsuch person is authorized to sign for the agent. The lessees (residents) signing below acknowledge that they
have received a copy of this TAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure
form and pamphlet information required by federal law regarding lead poisoning prevention.
Hemphill Samaritan LP, 929 Hemphill
& unit number OR street address of dwelling
Fort Worth, TX.-,76104
Lessee (Resident)
Date signed Lessee (Resident) Date signed
Lessee (Resident)
Date signed Lessee (Resident) Date signed
Lessee (Resident)
Date signed Lessee (Resident) Date signed
Hemphill Samaritan LP Hemphill Samaritan LP
Printed name of LESSOR (owner) of the dwelling Ie any AGENT of less ri.e.manage e t company, real
oratSignature of person signing on behalf of above LESSOR Date signed f person signing o behalf of above AGE , if any Date signed
You are entitled to receive a copy of this Addendum after it is fullysigned. Keep it in a safe place.
TAA Official Statewide Form 21-AA/BB/CC l — r
Pace S of 5 Copyright October, 2021,Texas Apartment Association, Inc. ..........
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023
M&C Review
Page 2 of 7
8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000,00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED I GOAL
(Promote Affordable Housing (Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
l
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement nhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
Aging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
Ilarchitectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve
permanent housing
(Healthy Living and Wellness ��health
Support programs and services to improve the mental and physical
of low -to moderate -income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 3 of 7
Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low -to -moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects - $636,610,00: Includes for multifamily rental rehabilitation
Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
M&C Review
Page 4 of 7
Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating - $45,000.00:
Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration - $327,111,90: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
AGENCY
r
BChristian Learning
enter
(Boys & Girls Clubs of
Greater Tarrant County,
Camp Fire First Texas
Cancer Care Services
TABLE 1: CDBG AGENCIES
IICONSOLIDATED PLAN
GOAL
Children and Youth
Services
Children and Youth
Inc. Services
Children and Youth
Services
Healthy Living and
Wellness
Easter Seals North Texas, Economic
Inc. Empowerment and
Financial Resilience
PROGRAM II AMOUNT
Out of School Time
$78,218.00
Program
Youth Development
$70,000.00
at Eastside Branch
Teens In Action
$50,000.00
Cancer Care
$50,000.00
Services
Employment
Services $60,000.00
Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00
County Services II
Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001
I i i u i
httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 5 of 7
Housing Channel
(Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals -On -Wheels, Inc. of
Tarrant County
NPower Inc.
The Ladder Alliance
The Women's Center of
Tarrant County, Inc.
Promote Affordable
Housing for Renters and
Owners
Children and Youth
Services
Children and Youth
Services
Aging In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Housing Counseling
& Education
l Cradle to Career II
Initiative
ItMaroon 9 Teen
richment Program
(Nutrition Program II
"Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
Development
Employment
Solutions
$111,000.00
$25,000.001
$25,000.00I
$75,000.00I
$25,000.00
l�M
$75,000.00
Holistic Educational
(United Community Centers, (Children and Youth ��Literacy
$125,000.00
Inc. Services Program
JCDBG Public Services Agencies Total
II$1,049,218.001
Rehabilitation, Education
and Advocacy for Citizens Accessibility Project Ramp
$165,000.00
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for Housing Preservation
Humanity, Inc. DBA Trinity Cowtown Brush Up
$455,000.00
and Rehabilitation
Habitat for Humanity
JCDBG Subrecipient Agencies Total
I $620,000.001
TOTAL CDBG CONTRACTS
11$1,669,218.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM
AMOUNT
AIDS Outreach Administration, Support Services, Short -Term Rent,
Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Based Rental Assistance
Tarrant
Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00
Inc. g' Services, Tenant -Based Rental Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY
IThe Presbyterian Night Shelter of Tarrant
County, Inc.
Lighthouse for the Homeless dba True Worth
Place
. 4 .
Shelter Operations/Services
Day Shelter
Operations/Services
1$1,729,850.00
11 AMOUNT 1
II$116,635.00I
11$158,400.001
11 1
M&C Review
Page 6 of 7
IThe Salvation Army
Center for Transforming Lives
ISafeHaven of Tarrant County
TOTAL ESG CONTRACTS
IlHomelessness Prevention
IlRapid Re -Housing
JIShelter Operations/Services
All figures have been rounded to the nearest dollar for presentation purposes.
available in ALL COUNCIL DISTRICTS.
$150,000.00
II $75,901.001
II $63,816.001
11$564,752.001
These programs are
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund I Department Account I Project I Program Activity
ID ID
FROM
Fund Department Account Project
p 1
ID I I ID
Submitted for Citv Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budgetl Reference #
Year I (Chartfield 2)
Budget Reference #
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
Amount
Amount
19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal)
http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023
M&C Review Page 7 of 7
Action Plan SOS Filings.pdf (Public)
ConPlan July 12 Public Hearinq.pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2,
2023.m)tx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx, (Public)
ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx
(Public)
httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023