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HomeMy WebLinkAboutContract 53217-R5A5CSC No. 53217- Renewal Five and Amendment Five Page 1 of 5 CoFW and FCM PROPERTIES L.L.C. RENEWAL FIVE AND AMENDMENT FIVE TO CITY OF FORT WORTH CONTRACT NO. 53217 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth (“City”), and FCM PROPERTIES L.L.C. (“Landlord”), each individually referred to as a “Party” and collectively referred to as the “Parties.” RECITALS WHEREAS, on December 13, 2019, the Cityentered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53217 (the "Agreement"); WHEREAS, (“Tenant”) is a participant in the City’s rental assistance program; WHEREAS, Tenant has been a participant in the program since 2019 and the initial agreement with Landlord 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: I RENEWAL OF AGREEMENT The Parties agree to renew the Agreement for an additional one year-term beginning JULY 1, 2024 and expiring JUNE 30, 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 Deposit The Tenant shall pay a security deposit totaling $1,500.00 for the Unit to the Landlord in accordance with the Tenant’s lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent CSC No. 53217- Renewal Five and Amendment Five Page 2 of 5 CoFW and FCM PROPERTIES L.L.C. 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 Payable by City 3.2.1 Rent.The City has been notified that the Tenant’s Total Rent during the Initial Term is $1,065.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent during the First Renewal Term is $1,100.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent during Second Renewal Term is $ 1,200.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent during the Third Renewal Term is $1,300.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent during the Forth Renewal Term is $1,400.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent during the Fifth Renewal Term is $1,500.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $26.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for $39.00 of rent per month for the Unit. The Tenant during the Second Renewal Term shall be responsible for $ 0.00 of rent per month for the Unit. The Tenant during the Third Renewal Term shall be responsible for $168.00 of rent per month for the Unit. The Tenant during the Fourth Renewal Term shall be responsible for $418.00 of rent per month for the Unit. The Tenant during the Fifth Renewal Term shall be responsible for $547.00 of rent per month for the Unit. During the Initial Term, City shall pay $1,039.00 towards the Tenant’s Total Rent for the Unit (“City Portion”). During Tenant’s First Renewal Term, the City Portion shall be $1,061.00. During Tenant’s Second Renewal Term, the City Portion shall be $1,200.00. During Tenant’s Third Renewal Term, the City Portion shall be $1,132.00. During Tenant’s Fourth Renewal Term, the City Portion shall be $982.00. During Tenant’s Fifth Renewal Term, the City Portion shall be $953.00. Neither City nor does HUD assume any obligation for the Tenant’s CSC No. 53217- Renewal Five and Amendment Five Page 3 of 5 CoFW and FCM PROPERTIES L.L.C. 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 utility reimbursement per month toward the Tenant’s utility payments, to be paid directly to the Landlord. 3.2.3 Payment Conditions.The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord’s signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 3.2.4 Method of Payment.Payments made electronically (i.e.- the City’s Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. III. CSC No. 53217- Renewal Five and Amendment Five Page 4 of 5 CoFW and FCM PROPERTIES L.L.C. 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. 53217- Renewal Five and Amendment Five Page 5 of 5 CoFW and FCM PROPERTIES L.L.C. IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective JULY 1, 2024. FOR CITY OF FORT WORTH: FOR LANDLORD: Name: Fernando Costa Name:Tommy Hatley Title: Assistant City Manager Title: Landlord Date: _______________ Date: APPROVAL RECOMMENDED Name: Kacey Bess Title: Interim Director APPROVED AS TO FORM AND ATTEST: LEGALITY Name: Jessika Williams Name: Jannette Goodall Title: Assistant City Attorney Title: City Secretary Date: Contract Compliance Manager: M&C No.: 23-0631 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. Name: Cyndee Garza Title: Sr. Human Services Specialist Aulhentisign ID:7077AC14-0D27-EF11-86D4-OOOD3A867EDD FCM PROPERTIES, L.L.C. AGREEMENT TO RENT OR LEASE 1. Parties: This agreement is made and entered into on June 10, 2024, between hereinafter "Tenants", and FCM PROPERTIES, L.L.C., hereinafter "Landlord". 2. Property: Subject to the terms and conditions below, Landlord rents to Tenants, and Tenants rent from Landlord, for residential purposes only, the property known as 3. Term: The terms of the rental shall begin on July 1, 2024 and shall continue until June 30, 2025 then convert to a month-to-month lease basis unless written notice of termination is given by either party at least 30 days before the end of the above lease term or renewal period or unless another lease is signed by all parties. 4. Rent: Rent is due on the 15t of every month without demand. On signing this agreement or by July 1, 2024. Tenants shall pay the Landlord the sum of $1,500.00, to be used as rent for July 1, 2024 through July 31, 2024. Thereafter, Tenants shall pay to Landlord a monthly rent of $1,500.00 payable in advance by 5:00 PM of the THIRD day of each month. For rent increases or lease changes effective at the end of the lease term or renewal, at least 30- day's notice to Tenants is required. If such notice is given to Tenants, this lease shall automatically renew on a month-to-month basis at the increased rental rate or with the lease change, at the beginning of the effective date of the rental increase or lease change. 5. Payment of Rent: Rent shall be paid using the Landlords Tenant Portal which includes ACH payments, credit cards and electronic cash payments (ECP) at participating retailers. See Exhibit A. If Landlord agrees to pick up rent from Tenants, then Tenants agree to pay Landlord $50.00 for each rent collection. Tenants agree to give Landlord at least 24 hours advance notice. Only full rent payments will be accepted, no partial payments are allowed. 6. Late Charges: If Tenants fail to pay the rent in full by the third day of each month, Tenants shall pay Landlord a late fee of $50.00 the first day and $20.00 for each additional day the rent continues to be unpaid. Tenants shall pay a$50.00 fee if a 3-day notice is delivered for non-payment of rent. By this provision, Landlord does not waive the right to insist on payment of the rent in full on the day it is due. Any monies received will be applied first to fees then the last month's rent balance. Any monies left over will then be applied to the current month's rent. Any balance rolling over to the following month will incur a$50.00 Carryover fee. Late fees and all other fees are subject to change without written or advanced notice to Tenants, Tenants are responsible for obtaining the most current fee pricing schedule from Landlord. 7. Returned Payment Charges: In the event any check or online ACH payment offered by Tenants to Landlord in payment of rent or any other amount due under this agreement is returned for lack of sufficient funds or a closed or nonexistent account or any other reason, Tenants shall pay to Landlord a return charge in the amount of $50.00 plus additional late charges outlined in paragraph 6. 8. Deposit: Tenant had paid a$1,000.00 security deposit on her original lease start date of July 1, 2012. Tenant must pay an additional $500.00 into her security deposit to keep it equal to one month's rent. Tenant is on a payment plan of $50.00 per month for the next 10 months, which will be added to her security deposit. Tenants may not, without Landlord's prior written consent, apply this security deposit to rent or to any other sum due under this agreement. Within thirty days after Tenants has vacated the property, Landlord shall furnish Tenants with an itemized written statement of the basis for, and the amount of any security deposit retained by the Landlord. Landlord may withhold only that portion of Tenant's security deposit necessary (a) remedy any default by Tenants to include the payment of rent, (b) to repair damages to the property exclusion of ordinary wear and tear and/or, (c) to clean the property if necessary. The amount on deposit must be kept to a minimum of 1 month's rent. �� 1 Authentisign ID:7077AC14-0D27-EF1�-86D4-OOOD3A887EDD 9. Utilities: Tenants shall be responsible for payment of all utility charges. Electric, water and gas utilities must stay active while Tenants has possession. If Tenants does not maintain these utilities while they have possession Landlord can activate the utilities and Tenants will be charged all costs incurred by Landlord. 10. [Jse and Occupancy: The property is to be used only as a private residence for Tenants listed in paragraph 1 of this agreement and their legal children and for no other persons or purpose without Landlord's prior written consent. Guests may stay up to ten days in any six month period if they register with the manager or Landlord after the fifth day. Occupancy by guests staying more than ten days is prohibited without Landlord's prior written consent and shall be considered to be a breach of this lease. Tenants agree to pay Landlord $75.00 each month for each additional person who shall occupy the property for more than 10 days in any capacity. If Tenants fail to inform Landlord of additional people occupying the property, the $75.00 per person per month fee will be assessed retroactively to the date commencing this rental agreement. 11. Condition of Property: Tenants acknowledge that they have examined the property, including carpets, drapes, and paint, and have found them to be in good safe and clean condition and repair. Tenants agree to provide Landlord a written list of any deficiencies within 3 days of this agreement, a copy of which Tenants hereby acknowledges receipt of, and which is hereby deemed to be incorporated into this agreement by this reference. As long as Tenants occupy this property, Tenants will be liable for al1 costs associated with unclogging a toilet drain if anything other than toilet paper is found in the drain system. Tenants will be responsible for any garbage disposal/drain that is clogged due to unapproved food like but not limited to; pasta, rice, peels, egg shells, coffee grounds, animal bones or any foreign objects. Grease, oil, and fat are not approved to pour down drain. No smoking inside the property, Tenants agree to pay a minimum of $500 for smoke damage Tenants agree to (a) replace light bulbs and smoke detector batteries as needed. HVAC air filters should be replaced at least every 3 months. If Tenants does not change HVAC air filter regularly causing the AC/Heating coil to not perform as it should, Tenants agrees to pay full cost of repair, (b) keep the property in good order and repair, and upon termination of tenancy, to return the property to Landlord in a condition identical to that which existed when Tenants took occupancy, except for ordinary wear and tear, (c) immediately notify Landlord of any defects or dangerous conditions in and about the property of which they become aware, and (d) reimburse to Landlord, on demand by Landlord, for the cost of any repairs to the property damaged by Tenants, or their guests or invitees. 12. Possession: The failure of Tenants to take possession of the property shall not relieve them of their obligation to pay rent. In the event Landlord is unable to deliver possession of the property to Tenants for any reason not within Landlord's control, including but not limited to failure of prior occupants to vacate as agreed or required by law, or partial or complete destruction of the property, Landlord shall not be liable to Tenants except for the return of all sums previously paid hereunder by Tenants to Landlord, in the event Tenants choose to terminate this agreement as a result of Landlord's inability to deliver possession. 13. Assignment and Subletting: Tenants shall not sublet any part of the property or assign this agreement without the Landlord's prior written consent. 14. Pest Control: Pest control will be provided by the Tenants. 15. Pets: There are no pets allowed and no visiting pets. If any pets are found on the property, without the Landlords written permission, then Tenants agree to pay Landlord a $500 non-refundable pet fee and a$50 monthly fee will be added to the rent. This $50 fee will be assessed retroactively to the date commencing this rental agreement. 16. Fences, Sheds & Decks: Tenants acknowledge that fences, sheds & decks are rented "as is" and Landlord reserves the right to not make repairs or replacements. � 2 Authentisign ID: 7077AC14-4D27-EF1'I-86D4-OOOD3A887EDD 17. Fireplace: If your property has a fireplace, Tenants agree to have the fireplace professionally inspected and cleaned prior to use each year, by a licensed chimney cleaning and inspection company. If any repairs are needed the Tenants will notify Landlord in writing. Tenants will refrain from using the fireplace until such repairs have been made by Landlord. Tenants are prohibited from personally making repairs or hiring a non- professional to make fireplace repairs/cleanings. Fireplaces can be extremely dangerous. No one under the age of 18 should ever be allowed to create or mainiain a fire in a fireplace. Children should be kept several feet away from an active fireplace. Tenants agree to purchase and use "free standing" metal fireplace screen/glass to prevent sparks and ashes from escaping the fireplace. Tenants, at Tenant's own cost, can have glass and chain covers professionally installed on the fireplace if they so wish. 18. Access for Inspection and Emergency: Tenants agree that Landlord's agents may enter the property in the event of an emergency or to make repairs or improvements, supply agreed services, or exhibit the property to prospective purchasers or Tenants. Except in case of emergency Landlord shall give Tenants reasonable notice of intent to enter the property for the purposes mentioned herein. To facilitate Landlord's right of access, Tenants shall not, without Landlord's prior written consent, alter or re-key any locks to the property. At all times Landlord or Landlord's agent shall be provided with a key or keys capable of unlocking all such locks and gaining entry. Tenants further agree to notify Landlord if they install any burglar alarm system including instructions on how to disarm it should Landlord so request. If the Tenants agree to an appointment with Landlord's authorized repair personnel for a specific date and time and does not show up promptly to that appointment, the Tenants agree to pay a non-refundable Missed Appointment fee. 19. Quiet Enjoyment: Tenants shall be entitled to quiet enjoyment of the property. Tenants shall not use the property in such a way as to violate any law or ordinance, commit waste or nuisance, or annoy, disturb, inconvenience, or interfere with the quiet enjoyment of any other Tenants or nearby Tenants. 20. Repairs and Alterations: Except as provided by law, or as authorized by the prior written consent of Landlord, Tenants shall not make any repairs or alterations to the property. For repairs, Landlord will contact authorized repair personnel in a prompt manner, to exclude weekends and holidays, when the repair is not an emergency. When Landlord determines the situation requires immediate service to prevent further damage to the property, authorized repair personnel will be contacted immediately, to include weekends and holidays. 21. Damage to Property and Financial Responsibility: In the event the property is damaged by fire or other casualty covered by insurance, Landlord shall have the option either to (1) repair such damage and restore the property, this agreement continuing in full force and effect or (2) give notice to Tenants at any time within thirty (30) days after such damage terminating this agreement as of a date to be specified in such notice. In the event of the giving of such notice, this agreement shall expire and all rights of Tenants pursuant to this agreement shall terminate. Landlord shall not be required to make any repairs or replacements of any property brought onto the property by Tenants. Tenants agree to accept financial responsibility for any damage to the property from fire or casualty caused by Tenant's negligence. Tenants shall carry a standard renter's insurance policy from a recognized insurance firm, or as an alternative, warrants that they will be financially responsible for losses not covered by Landlord's fire and extended coverage insurance policy. Damages or plumbing stoppages caused by Tenants negligence or misuse will be paid by Tenants. Additionally, Tenants are financially responsible for broken windows, doors and any damage to the interior and exterior of the property that is not caused by an Act of God. 22. Attorney's Fees: In an action or legal proceeding to enforce any part of this agreement, the Tenants will pay Landlord for all attorney's fees and costs. 23. Special Delivery: Tenants agree to fully reimburse Landlord for the cost of certified mail, overnight mail, courier service or any other special delivery service. There will be �� 3 Aulhentisign ID: 7077AC14-4D27-EF11-B6D4-OOOD3A8B7EDD a minimum $50.00 fee for special handling for each occurrence if Landlord feels the service is necessary. This fee can increase without notice. 24. Contractual Lien and Abandonment: All personal property on the property (except property statutorily exempt by Section 54.052 of the Texas Property Code) is subject to a contractual lien to secure payment of delinquent rent. To exercise contractual lien rights, Landlord may peacefully enter the property (and any storerooms) and remove and store all such property, provided, however, Tenants must be present or written notice of entry must be left afterward. If Tenants have been evicted by judicial process or have abandoned the leased property, Landlord's representatives or law officers may peacefully enter, remove, and place all of Tenant's property on the curb. If Tenants and all other persons are absent from the property for 5 consecutive days during the leased term or any renewal or extension period while any rent is delinquent, the property may be deemed by Landlord as abandoned. 25. Storage and Sale: At Landlords discretion, property may be stored by Landlord or law officers because of abandonment, mutual agreement or court eviction order. Stored property shall be returned to Tenants upon payment of all past due rents and fees and reasonable charges and expenses for packing, removing, and storing the property. After 30 days the property may be placed in the trash or sold for nonpayment thereof under any sale procedures. Property which is removed by Landlord under contractual lien shall be returned to Tenants upon (1) all delinquent rents, fees and (2) all storage charges which accrue on such property after Tenants "surrender" of the property. At the end of the 30-day period the property may be trashed or sold for nonpayment of such rent or charges under the sale procedures. Sale shall be to the highest cash bidder; proceeds shall first be credited to cost of sale and then indebtedness and surplus shall be mailed to Tenants at the above leased property address unless a forwarding address is provided by Tenants. Such procedures shall not necessitate court hearing. 26. Home Owner Association (HOA): Tenants acknowledges if there is a local HOA, they will have the right to fine the Landlord if the Tenants or their guest(s) break the rules. Tenants agree to assume full financial responsibility for all fines levied against the Landlord by the HOA regardless of fault. Tenants will reimburse the Landlord for each fine within 10 days of being notified. Any monies received from Tenants will always be applied first toward fines, all other fees and then the rent. 27. Move-out: Tenants agree to provide Landlord at least 30 days written notice of intent to move out. If a 30-day notice is not given in writing Tenants forfeit their deposit in full and will be responsible for any unpaid back rent and/or Tenant damage. Tenants'owe rent for a minimum of 30 days once the notice is submitted even if Tenants move out before the 30 days expire. Tenants agree to pay rent until the Tenant's personal belongings are out of the property and the Tenants return the keys to the Landlord, and the Tenants and Landlord together conduct a walk-through inspection of the property. Tenants agree to have all carpet in property professionally cleaned. Tenants agree to keep all interior walls painted original color. If Tenants paint the wall(s) a color other than original color then Tenants agree to pay the full cost of repainting the wall(s). Tenants agree to pay Landlord a minimum of $200.00 for any trash removal. Upon move-out Tenants agree to provide working LED light bulbs in all lighting fixtures. Within in each fixture lightbulbs must look identical and have the same wattage. Tenants agrees to pay Landlord $10.00 for each light bulb that must be replaced or added to a fixture. If there are oil stains in garage or driveway Tenants agree to pay a minimum of $200.00. Tenants will call Landlord to setup a walk-through appointment, which will be conducted Monday through Saturday, 10:00 AM through 5:00 PM. No walk through's will be performed after 5:00 PM or on Sunday's or Federal holidays. If Tenants move out prior to the Lease Ending Date or without providing a written 30-day notice of intent to move out, then Tenants agree to pay all cost-of-reletting plus a $200.00 early reletting fee. Cost-of-reletting shall include, but not be limited to leasing fees, advertising, re-keying of locks, painting, necessary utilities, cleaning (including carpets), trash removal and lost rental income. Cost-of-reletting does not include damages caused by Tenants which is covered in paragraph 11. �� 4 AuOientisiyn ID:7077AC14-4027-EF11-86D4-OOOD3AIIB7EDD 28. Green Care: Tenants agree to keep the lawn, shrubs and trees watered and neatly trimmed. Tenants agree to always keep the height of the entire lawn or any parts thereof to less than 5 inches. Landlord will provide one notice (phone call, electronic message or note taped on Tenants door), giving the Tenants 5 days to mow. After the 5th day Tenants agree to pay Landlord $200.00 to mow the lawn for each occurrence. Tenants agree to keep the lawn, shrubs and trees sufficiently watered. Tenants agree to allow the Landlord, at Tenant's expense (use Tenant's water), to water the lawn, shrubs, and trees at Landlord's discretion. If Tenants does not water the lawn and/or foundation and there is visible damage to the property (cracks in brick/walls) or outside cracking of yard, Tenants agree to pay the greater of $500.00 or the cost of the repair. If the property has mulch, Tenants are responsible for maintaining mulch, which includes replenishing the mulch as needed, at Tenants expense. 29. Renters Insurance: In the event of a fire, theft or any natural disaster Tenants acknowledge that their personal belongings are not covered by the Landlords insura�nd that they will obtain renters insurance. 30. SMOKE ALP.RM(S): Tenants acknowledge by signing this agreement that they will inspect and test smoke alarms before occupying the property. Tenants will immediately report any de£iciencies in writing to the Landlord. Tenants agree not to occupy the property until the deficiency is corrected. Tenants further agree to maintain (including battery replacement) the smoke alarm(s) while residing at this property. If Tenants cannot reach smoke detector to replace battery, or cannot afford a new battery Landlord will replace the battery free of charge immediately after Tenants informs Landlord in writing of such issue. When Tenants return the property to the Landlord, all smoke alarms must have batteries and be i Pu 1 working order. 31. Improvements and Repairs: Tenants acknowledge they have no right to order services and goods on behalf of the Landlords without prior written approval from the Landlord. If any improvement or repair is made by the Tenants or someone they contracted with, then Tenants agree to take full financial responsibility for such improvement and/or repairs. Upon move- out all improvements and/or repairs made or paid for by the Tenants will become the X�ty of the Landlords at no additional cost to the Landlord. 32. Mold Prevention: Tenants agree to remove moisture accumulation on windows, walls, and other surfaces as soon as possible; look for leaks in washing machine hoses; turn on exhaust fans in the bathroom before showering and in the kitchen before cooking; keep the shower- curtain liner inside the tub when showering; periodically open windows and doors on days when humidity is less than 50 percent. Tenants agree to clean the infected area with soap. and water, apply disinfectant or bleach to an area five or six times the size of mold. Sources of persistent moisture: excessive open-pot cooking, insufficient drying of carpets, plant watering overflows and pet urine and air-conditioning drip pans with clogged condensation lines. 33. Roof Attachments: At no time shall Tenants attach any object to the roof. The roof includes, but is not limited to the shingles, face boards, decking, gutters, and chimney. If any object, such as, but not limited to additional lighting, satellite dish and/or antenna(s) is attached to the roof then Tenants agree to immediately pay Landlord $1,000.00. Once the Tenants have been notified and billed the Tenants agree that any monies given to the Landlord will first be applied to this debt, then any late fees and then any rents owed. 34. Building Attachments: At no time shall Tenants attach any object to the building. If any object is attached to the building, then Tenants agree to immediately pay Landlord $1,000.00. Once the Tenants has been notified and billed the Tenants agree that any monies given to the Landlord will first be applied to this debt, then any late fees and then any rents owed. 5 Aulhentisign ID:7077AC14-4D27-EF�i-86D4-OOOD3A8B7EDD 35. Security/Alarm system: Some properties may have a home alarm or security system, hereafter system. If it does, the system was installed by previous Tenants. If the property has an alarm or security system, the Landlord will not guarantee it will work or work accurately. Since it was not installed by Landlord, the Tenants agree to use it at their own risk and agree to hold the Landlord harmless from any loss to property or person. If Tenants wish to use the system, Landlord strongly suggests the Tenants have it inspected and maintained by a knowledgeable professional. Landlord will not reimburse Tenants for any costs associated with the system. Landlord will not provide monitoring or repair service to the system. 36. Alarm Maintenance: Landlord denies any responsibility for activation, use, repair, or monthly maintenance of any and all alarm systems currently or otherwise installed on the property. Tenants further agree to hold harmless the Landlord, employees, owners, vendors and agents of FCM Properties, L.L.C. from any damages, loss of goods or loss of life determined to have been preventable by the activation, use, repair or monthly maintenance of any and all alarm systems currently or otherwise installed on the property. 37. Attic Storage: Storage of personal property in attics is strictly prohibited. Storing personal property in the attic can cause stress and damaged to ceilings, cause damage to the A/C & heat ducts and could be a fire hazard. Personal property stored in the attic could cause injury to maintenance workers when trying to work in the attic. Tenants are prohibited from using the attic as storage. 38. Fees: From time-to-time fees charged by Landlord, including court costs and minor maintenance fees will change. Tenants are responsible for obtaining the most current price structure from Landlord. No advanced notice of changes to fees will be issued. 39. Special Provisions: None 40. Tenants agree to be in compliance with all local, state and federal laws at a.11 iimes. If Tenants plan to run a business out of the property they must receive the Landlord's written permission before beginning business operations. If Tenants are approved by Landlord to run a business out of the property, they must provide the Landlord with a valid city permit to operate the business out of the property prior to beginning business operations. Tenants agree to hold the Landlord, its employees, owners, agents and vendors harmless from any lawsuit pertaining to the property. Depending on the type of business, Tenants may be asked to have a one million dollar ($1,000,000) general liability policy and provide the Landlord with a COI naming FCM Properties, L.L.C., its employees, owners, vendors and agents as additional insured. Tenants must provide the COI to Landlord prior to beginning business operations out of the property. Tenants agree to stand in front of any lawsuits regarding the property regardless of fault. No RV's or commercial vehicles larger than a sedan or standard sized pickup, like a Ford 150 are allowed to be parked on the property without the Landlord's written permission. The Landlord reserves the right to deny, for any reason, a Tenants request to operate a business out of the property. The Landlord reserves the right, at any time, to rescind permission for the Tenants to operate a business out of the property. If the Tenants are found to be operating a business out of the property without Landlord's permission, then Tenants agree this is a lease default and if asked will move out within 30-days or start paying $500 a month in additional rent until Tenants move out. If Tenants are simply working from home on a computer and/or phone and have no other workers on the property they do not need Landlord's permission. 41. Default: If the Tenants are in default of any part of this lease, then Tenants lose their right to possess the property. 42. Unenforceable Provisions: In the event any one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the agreement, and this agreement shall be construed as if such invalid, 6 Authenlisign ID:7077AC14-0D27-EF11-II6D4-OOOD3A887EDD illegal, or unenforceable provision had not been included in the agreement. 43. Receipt of Legal Documents: Landlord or the person signing this agreement on Landlord's behalf, is authorized to manage the said property, and is authorized to act for and on behalf of Landlord for the purposes or service of process and for the purpose of receiving all notices and demands, at the address indicated below Landlord/Agent's signature herein. 44. Entire Agreement: This document constitutes the entire agreement between the parties, except for any written addendums, and no promises or representations, other than those contained herein and those implied in law, have been made by Landlord or Tenants. This agreement has been signed on the day and year first written herein. L�r�d��ord/Agent : %,wnu� �a��, 06/10/24 CM Properties, L.L.C. PO Box 183204 Arlington, TX 76096 �{�,�,�ts : �l M&C Review CITY COUNCIL AGENDA Page 1 of 7 Official site of the City of Fort Worth, Texas P��� ��A��'� -:�� Create New From This M&C REFERENCE 19NS 2023-2027 DATE: 8/8/2023 N� : M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN CODE: C TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2, Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00 annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023- 2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation from $Z,000,000.00 to $2,500,000.00, 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 5. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 6. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 7. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council�acket/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 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 GOAL Promote Affordable Housing Increase neighborhood stability through homeownership assistance; for Renters and Owners Fair Housing efforts, and supportive services for renters and owners Housing Preservation and Preserve and expand the supply of quality affordable housing Rehabilitation throughout the City Neighborhood Improvement Enhance neighborhood development and revitalization throughout and Revitalization the City Economic Empowerment Support programs and services providing employment training and and Financial Resilience career readiness programs that promote self-sufficiency and household stability Support programs and services to prepare children and youth for Children and Youth Services success through educational, mentoring, training and related programs Support programs and services for older adults to access resources ging In Place needed to age in their homes, while maintaining both their independence and quality of life ccessibility Improvements Improve accessibility in public facilities and housing, including architectural barrier removal Homelessness Prevention Provide housing and support services for persons experiencing and and Special Needs Support at-risk of experiencing homelessness; support efforts to achieve permanent housing Healthy Living and Wellness Support programs and services to improve the mental and physical health of low-to moderate-income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the ma�or housing ana community aeveiopment activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and httn://anns.cfwnet.or�/council pacicethnc 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 Pian, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: M&C Review Page 4 of 7 Homebuyer Assistance Program -$408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate-income homebuyers Community Housing Development Organization -$490,667.85: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for multifamily housing development in southeast Fort Worth. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. Community Housing Development Organization Operating -$45,000.00: Major Projects -$2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration -$327,111.90: Includes costs for administering the HOME grant Estimated Program Income -$50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated as follows: Public Service Agencies - $564,752.00 Administration - $45,791.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES CONSOLIDATED PLAN AGENCY GOAL PROGRAM AMOUNT B Christian Learning Children and Youth Out of School Time $7g,218.00 Center Services Program Boys & Girls Clubs of Children and Youth Youth Development ��0,000.00 Greater Tarrant County, Inc. Services at Eastside Branch Children and Youth 000.00 Camp Fire First Texas Services Teens In Action $50, Cancer Care Services Healthy Living and Cancer Care $50,000.00 Wellness Services Easter Seals North Texas, Economic Employment Inc. Empowerment and Services $60,000.00 Financial Resilience Giris Incorporated of Tarrant Children and Youth 000.00 County Services Leadership Program $100, Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00 httn://abps.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review using Channel Junior Achievement of the Chisholm Trail, Inc. Maroon 9 Community Enrichment Organization Meals-On-Wheels, Inc. of Tarrant Countv NPower Inc. e Ladder Alliance he Women's Center of arrant County, Inc. Promote Affordable Housing Counseling Housing for Renters and & Education Owners Children and Youth Cradle to Career Services Initiative Children and Youth �aroon 9 Teen Services Enrichment Program ing In Place Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Nutrition Program Tech Fundamentals Workforce Training Program Tarrant County Workforce IDevelopment Employment Solutions United Community Centers, Children and Youth Holistic Educational Inc. Services Literacy Program CDBG Public Services Agencies Total Rehabilitation, Education and Advocacy for Citizens ccessibility Project Ramp with Handicaps dba Improvements REACH, Inc. Fort Worth Area Habitat for H P f Page 5 of 7 $111,000.00 $25,000. $25,000.0 $75,000. $25,000.0 '�:� ��� �� $75,000.0 $125,000.00 1,049,218.0 $165,000. ousing reserva ion Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up �� $455,000.0 Habitat for Humanity CDBG Subrecipient Agencies Total TOTAL CDBG CONTRACTS Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES $620,000.00 1,669,218.00 AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Support Services, Short-Term Rent, Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00 Center, Inc. gased Rental Assistance Tarrant County Administration, Facility-Based Operations, Supportive Samaritan Housing, Services, Tenant-Based Rental Assistance (TBRA) �1,300,000.00 Inc. TOTAL HOPWA CONTRACTS $1,729,850.00 Emergency 5olutions vrants TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant Shelter Operations/Services $116,635.00 County, Inc. Lighthouse for the Homeless dba True Worth Day Shelter $158,400.00 Place Operations/Services ttr,�//ar,ns.cfwnet.c�r�/council nacket/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 6 of 7 �The Salvation Army ��Homelessness Prevention �$150,000.00 Center for Transforming Lives Rapid Re-Housing $75,901.00 SafeHaven of Tarrant County Shelter Operations/Services $63,816.00 TOTAL ESG CONTRACTS $564,752.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and stafFing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department ID FROM Fund Department ID Account Account Project I Program Activ ID Project Program Activity ID Submitted for City Manaqer's Office by: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Budget Reference # I Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) 19NS ACTION PLAN 2023 Aqency Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filinqs.pdf (Public) ConPlan July 12 Public Hearin .q pdf (Public) FWCP Citv Council NQRC Committee Power Point Interim Report Community Enqaqement Report June 2, 2023.pptx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx (Public) ORD APP 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 A023(r7).docx (Public) httn://apbs.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023