HomeMy WebLinkAboutContract 53226-R5A6CSC No. 53226-R5A6
RENEWAL FIVE AND AMENDMENT SIX
TO CITY OF FORT WORTH CONTRACT NO. 53226
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth ("City") and Lackland Taj, LP ("Landlord"), each individually referred to as a "Party" and
collectively referred to as the "Parties."
RECITALS
WHEREAS, on October 28, 2019, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53226 (the
"Agreement");
WHEREAS, the Agreement's initial term was from November 1, 2019 to September 30,
2020 and allowed for annual renewals upon agreement of the Parties;
WHEREAS, the Agreement was most recently renewed from August 1, 2023 to July 31,
2024 ("Fourth Renewal Term"); 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
August 1, 2024 and expiring July 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 Den_ osit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
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
OFFICIAL RECORD
CSC No. 59544- Renewal Five and Amendment Six CITY SECRETARY Page 1 of 5
CoFW and Lackland Taj, LP FT. WORTH, TX
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 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 $985.00 per month for the Unit. The City has been notified that the Tenant's Total
Rent during the first renewal term is $985.00 per month for the Unit. The City has been
notified that the Tenant's Total Rent during the second renewal term is $1,024.00 per month
for the Unit. The City has been notified that the Tenant's Total rent during the Third Renewal
Term is $1,200.00 per month for the Unit. The City has been notified that the Tenant's Total
rent during the Fourth Renewal Term is $1,241.00 per month for the Unit. The City has
been notified that the Tenant's Total rent during the Fifth Renewal Term is $1, 341.00
per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $0.00 of rent per month for
the Unit. The Tenant during the first renewal term shall be responsible for $0.00 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 $0.00 of rent per month for the Unit. The Tenant during the Fourth Renewal
Term shall be responsible for $0.00 of rent per month for the Unit. The Tenant during the
Fifth Renewal Term shall be responsible for $0.00 of rent per month for the Unit.
During the Initial Term City shall pay $985.00 towards the Tenant's Total Rent for the Unit
("City Portion"). During the first renewal term, City shall pay $985.00 of rent per month for the
Unit. During the second renewal term, City shall pay $1,024.00 per month for the Unit. During
Tenant's third renewal term, the City Portion shall be $1,200.00. During Tenant's forth renewal
term, the City Portion shall be $1,241.00. During Tenant's Fifth Renewal Term, the City
Portion shall be $1,341.00. Neither City nor does HUD assume any obligation for the Tenant's
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole
CSC No. 59544- Renewal Five and Amendment Six Page 2 of 5
CoFW and Lackland Taj, LP
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.
CSC No. 59544- Renewal Five and Amendment Six Page 3 of 5
CoFW and Lackland Taj, LP
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. 59544- Renewal Five and Amendment Six Page 4 of 5
CoFW and Lackland Taj, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
August 1, 2024.
FOR CITY OF FORT WORTH:
Name: Fernando Costa
Title: Assistant City Manager
Date:
Aug 8, 2024
APPROVAL RECOMMENDED
K"
Name: Kacey Bess
Title: Interim Director,
Neighborhood Services Department
APPROVED AS TO FORM AND
LEGALITY
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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.
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Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
FOR LANDLORD:
Name: Jackie Sevilla
Title: Landlord Representative
Date: Aug 6, 2024
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Name: Jannette Goodall
Title: City Secretary
Date: Aug 8, 2024
M&C No.: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 59544- Renewal Five and Amendment Six Page 5 of 5
CoFW and Lackland Taj, LP
This Lease is valid only if fr11ed out before January 1, 2026,
,S,rX.lVI W N 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
LEASE DETAILS
F. Notice of Termination or Intent to Move Out (Par, 4)
Aminimum of 60 days'written notice of
termination or intentto move out required at end of initial Lease
term or during renewal period
If the number ofdays isn't filled in, notice of at least 30 days
is required.
G.Late Fees (Par. 3.31
Initial Late Fee Daily Late Fee
M 10 %of one months monthly base rent or O °A of one month's monthly base rent for days or
$ D S for — days
Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option (Par.7.2) K. Violation Charges
Payment Fee (Par.3.4) $
$ 75.00 Notice of 60 days is required. Amalchaa I rgeof$ 1a0-00r. )
= Initial charge of $ 100 . 00 per animal (not
You are noteligible for early termination it toexceed$100per animal) and
1.RelettingCharge (Par.7.1) you are in default. Adailychargeof$ 10.00 peranlmal -
1147 .50 per Fee must be paid no Eater than (notto exceed $10 day per animal)
A reletting charge of $ days after you give us notice p Y
(not to exceed 85% offhe highest Ifanyvaluesornumberofdaysareblonkor'0," Insurance Violation Master Lease Addendum
monthly Rentduring the Lease term) then this section does nor a 1.
may be charged in certain default AAy or other separate addendum] _
situations 5 45.00
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 $ Cable/satellite $ Internet $
Package service $ Pest control $ 9.00 Stormwater/drainage $
Trash service $ Washer/Dryer $
Other: $
Other: S
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately t0r 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 $50l to be paid within 5 days of written notice (Par.3.5)
N. Other Charges and Requirements. You will pay separately for these items or com ply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: S Required Insurance Liability Limit (per occurrence): $ 100000�00 _
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 P2023, Tewa, Apartment Association, Inc. Page 1 of h
(✓ Blue Moon e5ignature Services Document ID: 45076243C 1
LEASE TERMS r CONDITIONS
1. Definitions -The following terms are commonly used in this Lease:
1,11. "Residents" are those listed in "Residents"above who sign
this Lease and are authorized to live in the apartment.
1.2. "occupants" are ttioselisted inthis Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means "including but not limitedto.'
7.5. "Community Policies" are the written apartmentrules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must com ply.
1.6. 'Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease"includesthisdocument, 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 a nd 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 oraccredi-
tations associated with the property are subject to change.
Rent. You must pay your Renton or before the 1st day of each
month (due date) without demand. There are no exceptions
regarding thepayment ofRentandyou agreenotpayingRenton
or before the 1st of each 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 by low. 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 ofour performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at curoption and
without notice f ist 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 otherthan Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
3.3. Late Fees, If we don't receive your monthly base rent in full
when it's due, you must pay latefees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Deta ifs for each returned checkor rejected electronic
payment, plus initial and daily late feesidapplicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll pay for all utilities and seruicesr
related deposits, and any charges or fees when they are due
and as outlined in this Lease.Televlsion channels that are
provided may be changed during the Lease term if the
change applies to all residents.
If your electricity is interrupted, you must use on fy 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 biils—until the Lease term or renewal pe dod
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date. Ifyou delay getting service turned on in your name
by th is Lease's start date orcause 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.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including any fees
to change service back into our name after you move out.
3.5. LeaseChanges- Leasechanges are on ly allowed during the
Leaseterm or renewal period if governed by Paw. ICI, spectfted
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 plusthe number of days' advance notice contained
in Box F on page I in writing from us toyou. 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 an ly to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par,
25 and specified on page 1. Ifthe numberof days isn't filled in, no-
tice ofarleast 30 days is required.
Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must alve us vour advance
notice of move out as provided by Par. 25 andforwardina_
address in writina to receive a written description and
itemized list of charges or refund- In accordance with this
Lease and as allowed by taw, we may deduct from your
security deposit anyamounts due under this Lease. f f you
move out eariv or in response too notice to vacate, vou'll be
liable forrekevina charges. Upon receipt of your move -out
date and forwarding address in writing, the securitydeposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, n o later than 30 days after
surrenderor abandonment, unless laws provide otherwise.
Any refund may be by one paymentjoi ntly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance, Ourinsurance doesn'tcover the loss of ordomage to
yourpersonalproperty. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your Insurance carrierto 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.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided 1n 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) if you: (A) fail to move in,
OF fail to give written move -out notice as required in Par. 25;
(a) move out without paying Rent in full for the entire Lease
term or renewal period, IQ move out at ou r demand because
ofyour default: or (D) arejudicially evicted. The reletting
charge is nut a termination, cancel lation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, chargesfor
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of ourdamages—forour 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 7.3 or 8.1 below, ifthu
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifallof
the following occun fa) 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'((
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 may have theright under
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death ofa sole resident.
S. Del ay ofOccupancy.Wearenot Fes ponstbleforanydelay ofyou r
occupancy caused by construction, repai rs, cleaning, or a previous
resident's holding over. This Lea sewi11 remain 1n force subject to
(1) abatement of Rent on a daily basis during delay, and your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply ifthe 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 th a date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be readyfor 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 deposits) and any Rent you paid.
Apartment LeaseContract V2023, Texas Apartment Ason. In Fage 2 of 6
soiiti
lue oon e5ignature Services Document 10: 450762430 1
% Cate of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage ot wastewaterstoppage is due to our negligence,
we're not liable for —and you mustpay for —repairs and replace-
ments occurring during the Lease term or renewal period, includ-
ing: (A) damage from wastewaterstoppages caused by improper
objects In lines exchrsivelyseridng yourapartment,• (6) damage to
doors, windows, or screens; and (C)damage from windows or doors
left open.
10. Community Policies. CommunityPolicies become part ofthis
Lease andmust be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. PhotoNideo Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes, At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. we may exclude from the apartment comm anity
any guests or others who, in our sole Judgment, have been
violating the law, violating this Lease or our Comm u «ity
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-7 _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 ifyou or any of your occupants:
(A) are convicted of anyfelony, (0) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, ordestruction of property, or register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have againstyou.
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-
fui, courteous and reasonable manner at a!1 t mes when interacting
with us, our representatives and other residents or occupants. Any
acts of un lawful, discourteous or unreasonable communication or
conduct by you, your occupants orguests 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,yout 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) disturbing orthreatening the rights, comfort health, safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
te) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with ufiiitiesortelecommurication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
{j) making bad -faith orfalse allegations against us or our
agents to others;
(k) Smoking of any kind, that is not in accordance with this
Lease;
(i) 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. Noliving creatures ofanykindoreallowed; even tempo-
mrily, anywherein the apartment orapartment communityun-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as setforth 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 intentto
remove the animal within 24 hours; and (2) following the
procedures of Par,14. we may: keep or kennel the animal;
to rn the animal over to a humane society, local authority
or rescue organization; or return the an imal to you if
we consentto your request to keep the animai and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable 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 subjectto
charges, damages, eviction, and other remedies
provided in this Lease, including anima! violation charges
I fisted in Lease Details from the date the an ima I was
brought into your apartment until it is removed. if an
anima! has been in the apartment at any time during
yourterm of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including deileaing,deodorizing, and shampooing. initial
and daily animal -violation charges and a r0mal-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 of all motorized vehicles and
other modes oftransportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or bootvehicies
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, anyvehicle that is not in compliance
with this Lease.
14. When We May Enter. ifyou orany 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 if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter onlywhen you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
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15. Requests, Repairs and Malfunctions.
15.1. Written RequemRequired. lfyouoranyoccupant needs
to send a request —for example, farrepairs, installations,
services, ownership disdosure, orsecurity-related matters —
it must be written and delivered to ourd esignated
representative in accordance with this Lease (except for
fair -housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request tram all residents. The time,
manner, method and means of performing maintenance
and repairs, including whether or which vendors touse,
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 threatto property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
cond itioning problems are normally not emergencies.
15.3. utilities. We may change or install utility linesor
equipment serving the apartment ifthe work is done
reasonably without substantially increasing your
utility costs, We may turn offequipment 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 actwith 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, orduring equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts forthe severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. If we fail to timelyrepair a condition that
materfallyaffects the physicalhealth orsa(etgofon
ordinaryresident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0567 of the Texas Property Code. Ifyou follow
the procedures underthasesections, the following
remedies, among others, maybe available to you.
(1) termination ofthis Lease undan appropriate refund
under92.056(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;
and4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. Iftermination occurs, you agree
we'll refund only prorated rent and ail deposits, minus lawful deduc-
tions. We may remove and dispose ofyour personal property if, in
our sole Judgment, it causes a health or safety hazard or impedes our
ability to make repairs.
16.1. Property Closure. we also have the right to terminate
this Lease and your rightto possession by giving you at
least 30 days' written notice of termination if we a re
demolishing your apartment or closing it and A will no
longer be used for residential purposes for at least 6
months, or if any part ofthe property becomes subject to
an eminent domain proceeding.
17. Assignments a nd Subletting, You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license ali or any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in wdting. You agree that you won't
accept anythi rig of value from anyone else for the use of a ny part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
19. Security and Safety Devices. We'll oav for issina security de-
vices that are reauired by law. You'll nav for: IAi rekevina that
you request lunl ess we failed to rekev after the previous resi-
dent moved outs: and (81 reoairs or replacements because of
misuse or damage by you or your family. your occupants, or your
nests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advancefor
any additional or changed security devices you request.
Texas Property Code secs. 92,157,92.753,and 92.154require with
some exceptions, thatwe provide at no Cost to you when occupancy
begins: (A) a windowlatch an each window, (8) a doorviewer(pecp-
hole orwindow) on each exterfordoor (C) a pin lock an each sliding
door; (D) either a door -handle latch orasecurity bar on each sliding
door; fQ a keyless wwiting device fdeodboh) on each exteriordoor,•
and (F) elthera keyed doorknob lock ora keyeddeadbolt lock on
one entrydoor. Keyed locks willbe rekeyed after the prior resident
moves out The rekeyfng will be done either before you move in or
within 7 days after you move in, as required by law. lfwe fail to in-
stallor rekeysecurity devices as required bylaw, you have the right
to do so and deduct the reasonable cost from yournext Rent pay-
mentunderTexasPropertyCodesec.92.165(1). Wemaydeactivate
or notinstatl keyless bolting devices on your doors if(A) you oran
occupant in the dwel ing is overSS or disabied, and (8) the require-
ments of Texas Property Code sec. 92.753(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or otherdetection devices required by law
or city ordinance. We may install add itional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must payfoi and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries atyour expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. Ifyou damage or disable the
Smoke alarm or remove a battery withoutreplacing it
with a working baftery, you may be liable to us under
Texas Property Code sec- 92.2611 (or$100plus one
month's Rent actual damages, and attorney's fees.
13.2. Duty to Report. You must immediately reportto vs any
missing, malfunctioning or defective security devices,
Smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
i9. Resident Safety and Loss.linless otherwise requiredby law, none
ofus, ouremployees, agents, ormanagementcomponies are liable
toyou, your guests oroccuponts foranydomage, personal injury,
lass to personal property, orloss ofbusiness orpersonaf income,
from any cause, including but aot limited to: negligent or intention-
afactsofresidents, occupants, orguests; tbeft, burglary, assault,
vandalism orothercrimes, fire, flood, waterleaks, rain, half, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities,
pipe leaks orotheroccurrences unless such damage, in jury orloss is
caused exclusively byournegligence.
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 that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security servicestoyou,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 measu res 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, any fa se alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1. 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 alf defects or damage, sign the form, return it to
us, and the form accurately reflects th a 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.
20.2. 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 oroutside the apartment. Unless this Lease
states otherwise, well 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
mach in es, dryers, extra phone or television outsets, alarm
systems, cameras, two-way talk device, video or other door -
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bells, or Cock changes, additions, or rekeying is permitted
unless required by law orwe've consented in writing. You may
install a satellite dish orantenna, but only ifyou sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not a liter, damage, or remove ou r property, including alarm
systems, detection devices, appliances, fu rnitu re, telephone
end television wiring, screens, locks, or security devices, When
you move in, we'll supply light bulbs forfixtures we furnish,in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to orfiom our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe 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 toyou if allowed by law. If allowed by law and in
accorda rice with this Lease, electron is 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 Calf 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.
ViCTION ANO REill 24.
22. Liability. Each resident is jointly an d severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Poi icier, all residents are considered to have violated this
Lease.
22.1. Ind emnificatij on by You. You'ltdefend, indemnify and half us
and ouremployees, agents, and management company
harmless from all fiabilityarising from yourconduct or
requests to ourrepresentatives and from the conduct ofor
requests by yourinvitees, occupants orguests.
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 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. ifyou default including holding over, we may
end yourright of occupancy bygiving you at !east 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. After giving notice to vacate or
filing an eviction suit, we maystill accept Rent or other
sums due; the filing oracceptance doesn't waive or
diminish our right of eviction or any other contractual or
statutory right. Accepting money at anytime doesn't waive
our rig ht to damages, to past or future Rent or other sums,
or to our continuFng with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent forth e 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 cor sent: (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 Rentfor 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 pay thefirst month'& Aentwhen or before this Lease
begins, allfuture Rent forthe Lease term will be automatically
accelerated without notice and become immediately due. We
also mayend your right of occupancy and recover damages,
future Rent, attorney's fees, courtcosts, and other lawful charges.
23.4, Holdover. You and all occupants must vacate and surrender
the apartment by of 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 -outdate. If a holdover occurs, then you'll be liable to us
for all Rentfor the full term ofthe previously signed lease of a
new resident who can't occupy because of the 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 ifyou 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 payall 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' Authorityand Waivers. Ourrepresentatives (in-
cluding managemenfpersonnel, employees, and agents) haveno
authority to waive, amend, or terminate this Lease or any partofit
unlessin writing andsigned, and no authority to make promises, rep-
resentations, orogreements that impose security duties or otherob-
119a6ons on us orour representatives, unless In writing and signed.
No action ororrission by us will be considered a waiver of ou r rights or of
any subsequent violation, default, or time or place of performance. Our
choice toenforce, not enforce ordelayenforcement afwriften-no-
ticerequirements, rentaidue dates, acceleration, liens, aranyother
rightsisn'ta wafverurideranycircumstances. 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 ifyou
default. Nothing in this Lease constitutes a waiver of our remedies fora
breach underyour prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
lessthe owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliabt lity or nonduty apply to our employees, agents, and manage-
ment compa nies. 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 mare -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 of the following.
(a) Unless we require more than 30 days' notice, ifyou give
notice on the first dayof the month you intend to move
out, move out will be on the last day of that 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 ofyour
notice.
26. Move -Out Procedures.
26.1. Clean ing.Youmustthoroughlydean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
mustfollow move -out cleaning instructions if they have been
provided. if you 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
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norma I wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide a Joint move -out inspection. Our representatives
have no a utho4ty to bi nd or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
is or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27.Surrender and Abandonment. You havesurrendered the apartment
when: (A) the move -out date has passed and no one Is living in the
apartment in off r 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 defaultfor nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected i n our name has been terminated er 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. 5urrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to cleanup, make repairs in,
and reletthe 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'rejudiclady evicted
or if you surrender or abandon the apartment.
We're notliable forcasualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
l�:i�:�fi I �till�►T�illtlf :'If'I.�.7LT�t�l:
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 atyour option and is unenforceable by us
(except for property damages); and (8) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur: (7) this Lease is automatically renewed on a
month -to -month basis morethan once after membership in TAA and
the focal 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 affi liated €ocai
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmenta I entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. severe bi lity and Survivability. If any provision of this Lease 4s inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainderefthis Lease or change the intent ofthe parties. Paragraphs
10.1,10.2, 76, 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 sig ning 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 yourright to bring,
represent, join or otherwise maintain a class action,
collective action orsimilar proceeding against us in
anyforum.
YOU UN DERSTAND THAT, WITHOUT THIS WAIVER. YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY,
THE PROVISIONS OFTHIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. lfwe are prevented from completing substan-
tial performance of any obligation underthis Lease by
occurrences that are beyond ou r control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots,flood, 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 ofthis
Lease and supersede any conflicting provisions in this Lease.
No cash accepted- Resident must: provide
renters insurance before move —in keys
are given. Notices sent via email are
not considered approved until
management responds in writing, All
concessions and discounts will be
charged back if lease is terminated
early.
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.
{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
Owner or Owner's Representative (signing on behalf of owner)
ae0ut %t,.Y-
Apartment Lease Contract, TAAOrrioal Statewide Form B-AfB-1/6-2 Revised Octd�er 2023 Page6or6
1✓j Blue Moon eSi2nature Services Document ID: 450762430 1
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
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8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000,00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED I GOAL
(Promote Affordable Housing (Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
l
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement nhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
Aging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
Ilarchitectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve
permanent housing
(Healthy Living and Wellness ��health
Support programs and services to improve the mental and physical
of low -to moderate -income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
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Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low -to -moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects - $636,610,00: Includes for multifamily rental rehabilitation
Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
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Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating - $45,000.00:
Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration - $327,111,90: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
AGENCY
r
BChristian Learning
enter
(Boys & Girls Clubs of
Greater Tarrant County,
Camp Fire First Texas
Cancer Care Services
TABLE 1: CDBG AGENCIES
IICONSOLIDATED PLAN
GOAL
Children and Youth
Services
Children and Youth
Inc. Services
Children and Youth
Services
Healthy Living and
Wellness
Easter Seals North Texas, Economic
Inc. Empowerment and
Financial Resilience
PROGRAM II AMOUNT
Out of School Time
$78,218.00
Program
Youth Development
$70,000.00
at Eastside Branch
Teens In Action
$50,000.00
Cancer Care
$50,000.00
Services
Employment
Services $60,000.00
Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00
County Services II
Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001
I i i u i
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Housing Channel
(Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals -On -Wheels, Inc. of
Tarrant County
NPower Inc.
The Ladder Alliance
The Women's Center of
Tarrant County, Inc.
Promote Affordable
Housing for Renters and
Owners
Children and Youth
Services
Children and Youth
Services
Aging In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Housing Counseling
& Education
l Cradle to Career II
Initiative
ItMaroon 9 Teen
richment Program
(Nutrition Program II
"Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
Development
Employment
Solutions
$111,000.00
$25,000.001
$25,000.00I
$75,000.00I
$25,000.00
l�M
$75,000.00
Holistic Educational
(United Community Centers, (Children and Youth ��Literacy
$125,000.00
Inc. Services Program
JCDBG Public Services Agencies Total
II$1,049,218.001
Rehabilitation, Education
and Advocacy for Citizens Accessibility Project Ramp
$165,000.00
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for Housing Preservation
Humanity, Inc. DBA Trinity Cowtown Brush Up
$455,000.00
and Rehabilitation
Habitat for Humanity
JCDBG Subrecipient Agencies Total
I $620,000.001
TOTAL CDBG CONTRACTS
11$1,669,218.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM
AMOUNT
AIDS Outreach Administration, Support Services, Short -Term Rent,
Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Based Rental Assistance
Tarrant
Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00
Inc. g' Services, Tenant -Based Rental Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY
IThe Presbyterian Night Shelter of Tarrant
County, Inc.
Lighthouse for the Homeless dba True Worth
Place
. 4 .
Shelter Operations/Services
Day Shelter
Operations/Services
1$1,729,850.00
11 AMOUNT 1
II$116,635.00I
11$158,400.001
11 1
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IThe Salvation Army
Center for Transforming Lives
ISafeHaven of Tarrant County
TOTAL ESG CONTRACTS
IlHomelessness Prevention
IlRapid Re -Housing
JIShelter Operations/Services
All figures have been rounded to the nearest dollar for presentation purposes.
available in ALL COUNCIL DISTRICTS.
$150,000.00
II $75,901.001
II $63,816.001
11$564,752.001
These programs are
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund I Department Account I Project I Program Activity
ID ID
FROM
Fund Department Account Project
p 1
ID I I ID
Submitted for Citv Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budgetl Reference #
Year I (Chartfield 2)
Budget Reference #
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
Amount
Amount
19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal)
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Action Plan SOS Filings.pdf (Public)
ConPlan July 12 Public Hearinq.pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2,
2023.m)tx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx, (Public)
ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx
(Public)
Signature:
Email: Rhonda.Hinz@fortworthtexas.gov
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