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HomeMy WebLinkAboutContract 58138-R2A3CSC No. 58138-R2A3 RENEWAL TWO AND AMENDMENT THREE TO CITY OF FORT WORTH CONTRACT NO. 58138 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City") and Tides at Meadowbrook Owner, LLC ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on September 6, 2022, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 58138 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Agreement's Initial Term was from September 6, 2022 to August 4, 2023 and allowed for annual renewals upon agreement of the Parties; and WHEREAS, the parties most recently renewed the Agreement for its First Renewal Term beginning August 5, 2023 and ending August 4, 2024; and WHEREAS, Tenant recently moved from a property still managed by Landlord; and WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE, City and Landlord do hereby agree as follows: RENEWAL OF AGREEMENT The Parties agree to renew the Agreement for an additional one year -term beginning August 5, 2024 and expiring August 4, 2025 ("Second Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. II AMENDMENTS 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 1 Property Information shall be amended and replaced as follows: CSC No. 58138- Renewal Two and Amendment Three CoFW and Tides at Meadowbrook Owner, LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 5 Tenant has entered into an agreement with Landlord to rent a 1-bedroom ("Lease"). The unit is located at 603 King George Dr. #133, Fort Worth, TX 76112 ("Unit"), as more fully described in Exhibit A. 2. Section 3.1 Security Deposit shall be amended and replaced as follows: 3.1 Security Deposit 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 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. 3. 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 $1105.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the First Renewal Term is $1165.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Second Renewal Term is $1,165.00 per month for the Unit. The Tenant during the Initial Term, beginning September 6, 2022 to September 30, 2022, shall be responsible for $0.00 per month for the Unit. From October 1, 2022 to July 31, 2023, the Tenant shall be responsible for $107.00 of rent per month for the Unit. From August 1, 2023 to August 4, 2023, Tenant shall be responsible for $14.00 prorated rent. During the First Renewal Term, from August 5, 2023 to August 31, 2023 the tenant shall be responsible for CSC No. 58138- Renewal Two and Amendment Three Page 2 of 5 CoFW and Tides at Meadowbrook Owner, LLC $18.00 of prorated rent. From September 1, 2023 to July 31, 2024, the tenant shall be responsible for $21.00 rent per month for the unit. From August 1, 2024 to August 4, 2024 the tenant shall be responsible for $3.00 prorated rent. During the Second Renewal Term, from August 5, 2024 to August 31, 2024, the tenant shall be responsible for $116.00 of prorated rent. From September 1, 2024 to July 31, 2025, the tenant shall be responsible for $133.00 rent per month for the unit. From August 1, 2025 to August 4, 2025 the tenant shall be responsible for $17.00 prorated rent. During the Initial Term, from September 6, 2022 to September 30, 2022, City shall pay $920.83 towards the Tenant's Total Rent for the Unit ("City Portion"). From October 1, 2022 to July 31, 2023, City shall pay $998.00 toward the Tenant's Total Rent for the Unit. From August 1, 2023 to August 4, 2023, City shall pay $127.25 prorated rent. During Tenant's First Renewal Term, from August 5, 2023 to August 31, 2023 the City shall pay $996.67 of prorated rent per month for the Unit. From September 1, 2023 to July 31, 2024 the City Portion shall be $1144.00 rent per month for the unit. From August 1, 2024 to August 4, 2024 the City Portion shall be $147.32 prorated rent. During Tenant's Second Renewal Term, the City Portion shall be $899.00 from August 5, 2024 to August 31, 2024 of prorated rent. From September 1, 2024 to July 31, 2025 the City Portion shall be $1,032.00 rent per month for the unit. From August 1, 2025 to August 4, 2025 the City Portion shall be $133.32 of prorated rent. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0 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. CSC No. 58138- Renewal Two and Amendment Three Page 3 of 5 CoFW and Tides at Meadowbrook Owner, LLC 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. 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. 58138- Renewal Two and Amendment Three Page 4 of 5 CoFW and Tides at Meadowbrook Owner, LLC 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 12, 2024 APPROVAL RECOMMENDED Name: Kacey Bess Title: Interim Director, Neighborhood Services Department APPROVED AS TO FORM AND LEGALITY Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist FOR LANDLORD: a&. Name: Jessica Blanco Title: Landlord Representative Date: Aug 8, 2024 4dg44�Rb ATTEST: OV8 °=4 Name: Jannette Goodall Title: City Secretary Date: Aug 12, 2024 M&C No.: 23-0631 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 58138- Renewal Two and Amendment Three Page 5 of 5 CoFW and Tides at Meadowbrook Owner, LLC This Lease is valid only if filled out before January 1, 2024. TEXAS APn1rl'NI1aN'I'ASSO(.:1ArION Apartment Lease Contract 61 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 .�� ( I,�, Residents Owner Tides O.��Y�QGGihI_��r)t'DUV-- Occupants I JI i LEASE DETAILS A. Apartment (Par. 2)'^ B. Initial Lease Term. Begins: ( b �rJ" 04 Ends at 11:59 p.m. on: �/ �� E �b C. Monthly Base Rent (Par.3) E. Securit Deposit (Par.5) F. Notice of Termination or Intent to Move Out (Par. 4) D A minimum of 60 days'written notice of termination or intent to move out required at end of initial Lease term or during renewal period Note that this amountdoes not D. Prorated Rent include any Animal Deposit, which If the number of days isn't filled in, notice of at least 30 days $ r0 /� wouldbe reflectedin anAnimal isrequired. 0 dduLe.for the remainder oftst Addendum. month or Cl for 2nd month G. Late Fees (Par.3.3) Initial Late Fee Daily Late Fee ® 10 %of one month's monthly base rent or O %of one month's monthly base rent for days or O $ O $ 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 1. Optional Early Termination Fee (Par. 7.2) Payment Fee (Par. 3.4) $ $ 100.00 Notice of 60 days is required. You are not eligible for early termination If 1.RelettingCharge (Par.7.1) you are in default. 2� Fee must be paid no later than 30 A relettin charge of $ g g days after you give us notice (not toexceed85%ofthehighest monthly Rent during the Lease term) alues Ifvareblankor "0,"then this section does may be charged in certain default nalues y. situations K, Animal Violation Charge (Par.12.2) Initial charge of$ 200.00 per animal (not to exceed $100 per animal) and A daily charge of $ 15.00 per animal (not to exceed $10 per day per animal) 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. AnlmaIrent $ 25.00 Cable/satellite $ Trash service $ Internet $ Package service $ Pest control $ Storage $ Stormwater/drainage $ Washer/Dryer $ Other: $ Other: $ Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other Items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5) Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 1 of 6 LEASE TERMS r a r a 1. Definitions. The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign the Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed In this Lease who are also autho- rized to live in the apartment, but who do not sign the Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" In this Lease means "Including but not limited to." 1.5. "Community Policies" are the written apartment rules and policies, including property signage and instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. 2. Apartment. You are leasing the apartment listed above for use asa private residence only. 2.1. Access. In accordance with our Community Policies, you'll receive access information or devices for your apartment and mailbox, and other access devices Including: 2.2. Measurements, Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations oraccredi- tations associated with the property are subject to change. 3. Rent, You mustpayyourRenton or before the ist dayofeach month (due date) without demand. There are no exceptions regarding the payment of Rent, and you agree not paying Rent on or before the ist of each month Is a material breach of this Lease. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. Payments. You will pay your Rent by any method, manner and place we specify in accordance with our Community Policies. Cash is not acceptable without ourprior written permission. You cannot withhold or offset Rent unless authorized bylaw. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. Late Fees. If we don't receive your monthly base rent in full when it's due, you must pay late fees as outlined in Lease Details. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees if applicable, until we receive full payment in an acceptable method. Utilities and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term If the change applies to all residents. Ifyour electricity is Interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notify the provider ofyour move - out date. Ifyou delay getting service turned on in your name by the Lease's start date or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. If your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back Into our name after you move out. Lease Changes. Lease changes are only allowed during the Lease term or renewal period if governed by Par.10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the Initial Lease term, Rent Increases will become effective with at least 5 days plus the number of days' advance notice contained in Box F on page 1 in writing from us to you. Your new Lease, which may Include increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. 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 number ofdays isn't filled in, no- tice of at least 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 aive us vour advance notice of move out as arovided by Par. 25 and forwarding address in writino to receive a written description and itemized list of charaes or refund. In accordance with our Community Policies and as allowed bylaw, we may deduct from yoursecurity deposit any amounts due under the Lease. If you move out early, or in resaonse to a notice to vacate, vou'll be liable for rekevina charaes. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an Itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one paymentjointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance. Our insurance doesn't cover the loss ofor damage to yourpersonal property, You will be required to have liability insur- ance as specified In our Community Policies or Lease addenda un- less otherwise prohibited by law.lfyou have Insurance covering the apartment or your personal belongings atthe time you or we suffer or allege a loss, you agree to require your Insurance carrier to waive any insurance subrogation rights. Even if not required, we urge you to obtain your own insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrences. Most renter's insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (not to exceed 85%ofthe highest monthly Rent during the Lease term) if you: (A) fail to move in, or fail to give written move -out notice as required in Par. 25; (B) move out without paying Rent in full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. The reletting charge Is not termination, cancellation or buyout fee and does not release you from your obligations under this Lease, including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge Is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertain —particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Term in ation Procedures. In addition to your termination rights referred to in 73 or8.1 below, ifthis provision applies under Lease Details, you may terminate the Lease prior to the end of the Lease term )fall of the following occur. (a) as outlined in Lease Details, you give us written notice of early termination, pay the early termination fee and specify the date by which you'll move out, (b) you are not in default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term.lfyou are in default, the Lease remedies apply. 7.3. Special Termination Rights. You mayhave therightunder Texas law to terminate the Lease early in certain situations involving military deployment or transfer, family violence, certain sexual offenses, stalking ordeath ofasole resident. 5. Delay of Occupancy. We are not responsible forany delay ofyour occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate the Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving Into the apartment. 8.1. Termination, If we give written notice to you of a delay in occupancy when or after the Lease begins, you may termi- nate the Lease within 3 days after you receive written notice. Ifwe give you written notice before the date the Lease begins and the notice states that a construction or other delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposit(s) and any Rent you paid. Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 2 of 6 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the apartment community because of a Lease or Community Policies violation; Improper use, negligence, or other conduct by you, your invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction. Unless damage or wastewaterstoppage Is due to our negligence, we're not liable for —and you must pay for —repairs and replace- ments occurring during the Lease term or renewal period,lnclud- Ing: (A) damage from wastewater stoppages caused byimproper objects In lines excluslvelyserving your apartment; (9) damage to doors, windows, or screens; and (C) damage from windows or doors left open, RESIDENT 10. Community Policies. Community Policies become part ofthe Lease and must be followed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately If the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts in Lease Details. 10.1. Photo/Video 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 community any guests or others who, in our sole judgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to identify himselfor herself as a resident, an authorized occupant, or guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than 2 days in one week without our prior written consent, and no more than twice that many days in any one month. If the previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days If you or any of your occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors and Noise. You agree that odors, smoke and smells including those related to cooking and everyday noises or sounds are all a normal part of a multifamily living environment and that It is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it In a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving in a loud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials Into the apartment community; IN using windows for entry or exit; (1) heating the apartment with gas -operated appliances; (j) making bad -faith or false allegations against us or our agents to others; (k) smoking of any kind, that is not in accordance with our Community Policies or Lease addenda; (1) using glass containers in or near pools; or (m) conducting any kind of business (including child-care services) In your apartment or in the apartment community —except for any lawful business conducted "at home" by computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. Noliving creatures ofanykindareallowed, even tempo- rarlly, anywhere In the apartment or apartment community un- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as set forth In the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit Is considered a gener- a( security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals is a breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours, and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization,, or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death 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 subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought Into your apartment until It Is removed. [fan animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and daily anima( -violation charges and animal -removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes of transportation, including bicycles and scooters, In our Community Policies. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not in compliance with our Community Policies. 14. When We May Enter, Ifyou or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes lfwritten notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. Apartment Lease Contract 02022, Texas Apartment Ass oclatIon, Inc. Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyou orany occupant needs to send a request —for example, forrepairs, installations, services, ownership disclosure, orsecurity-related matters — it must be written and delivered to our designated representative In accordance with our Community Policies (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within oursole discretion. 15.2. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other condition that poses a hazard or threat to property, health, or safety. Unless we Instruct otherwise, you are required to keep the apartment cooled or heated according to our Community Policies. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part, "Reasonable time" accounts for the severity and nature ofthe problem and the reasonable availability of materials, labor, and utilities. Ifwe fail to timely repair a condition that materially affects the physical health or safety of an ordinary resident as required by the Texas Property Code, you maybe entitled to exercise remedies under § 92.056 and § 92.0567 ofthe Texas Property Code. If you follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination ofthe Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92,0561; (3) deduct from the Rent the cost ofthe repair orremedy according to § 92.0561, and 4) Judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our sole judgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove your personal property if, in our solejudg- ment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure, We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination Ifwe are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part ofthe property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything ofvalue from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll oavfor missinasecuritvde- vices that are reauired by law. You'll oav for: (A) rekevina that you request (unless we failed to rekev after the orevious resi- dent moved out): and (8) repairs or replacements because of misuse ordamaae bvvou orvour famiiv.vour occupants. or vour uests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a window latch on each window, • (B) a doorviewer (peep- hole or window) on each exterior door, (C) a pin lock on each sliding door; (D) either a door -handle latch or security baron each sliding door, (E) a keyless bolting device (deadbolt) on each exterior door, and (F) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the prior resident moves out. The rekeying will be done either before you move In or within 7 days after you move in, as required bylaw. if we fail to in- stall or rekey security devices as required bylaw, you have the right to do so and deduct the reasonable cost from your next Rent pay- ment under Texas Property Code sec. 92.165(1). We may deactivate or not install keyless bolting devices on your doors if (A) you or an occupant In the dwelling Is over 55 or disabled, and (8) the require- ments ofTexas Property Code sec. 91.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance, We may Install additional detectors not so required. We'll test them and provide working batteries when you first take possession 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 pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. Ifyou damage ordisable the smoke alarm orremove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec. 92.2611 for $100 plus one month's Rent, actual damages, and attorney's fees. 18.2. Duty to Report. You must immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable ifyou fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss. Unless otherwise required bylaw, none of us, our employees, agents, ormanagement companies are liable to you, yourguests oroccupants forany damage, personal injury, loss to personal property, orloss ofbusiness orpersonal income, from any cause, Including but not limited to: negligent or)ntention- alacts ofresidents,occupants, orguestrtheft, burglary, assault, vandalism or othercrlmer fire, Rood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption ofutifitles, pipe leaks or other occurrences unless such damage, Injuryor loss is caused exclusively by our negligence. We do not warrantsecurity ofanykind. 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 services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, any false alarms with police/fire/ambu lance 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 ofthe form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition ofthe 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 muststlll 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 or outside the apartment. Unless our Community Policies state otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood - paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 4 of 6 cameras, video or other doorbells, or lock changes, additions, or rekeying is permitted unless required by law orwe've consented in writing. You may install a satellite dish or antenna, but only If you sign our satellite -dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, Including exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage, Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. Z3. All notices and documents will be in English and, at our option, in any other language that you read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law, If allowed by law and in accordance with our Community Policies, electronic notice from you to us must be sent to the email address and/or portal specified In Community Policies. Notice may also be given by phone call or to a physical address if allowed In our Community Policies. 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. REMEDIESEVICTION AND 22. Liability. Each resident is jointly and severally liable for all Lease obligations. If you or any guest or occupant violates the Lease or our Community Policies, all residents are considered to have violated the Lease. 22.1. Indemnification byYou. You?/defend, indemnifyandhold us and our employees, agents, and management company harmless from allliabilityarising from yourconduct or requests to ourrepresentatives and from the conductofor 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 any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give incorrect, incomplete, or false answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense Involving actual or potential physical harm to a person, or Involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined In the Texas Controlled Substances Act, or (2) any sex - related crime, Including a misdemeanor. 23.2. Eviction. lfyoudefault, including holding over, wemay end your right of occupancy by giving you at least a 24- hour written notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. Aftergiving notice to vacate or filing an eviction suit, we maystill accept Rent or other sums due, the filing or acceptance doesn't waive or diminish our right of eviction or any other contractual or statutory right. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings. in an eviction, Rent is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due if, without ourwritten consent: (A) you move out, remove property in preparing to move out, or you or any occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated if you're judicially evicted or move out when we demand because you've defaulted. Apartment Lease Contract 02022, Texas Apartment Association, Inc. If you don't pay the first month's Rent when or before the Lease begins, all future Rent forthe Lease term will be automatically accelerated without notice and become immediatelydue. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained in: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date, If a holdover occurs, then you'll be liable to us for all Rent for the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease 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. Ifwe 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 pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives'Authorityand Waivers. Our representatives (in- cluding management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease or anyport oflt unless In writing and signed, and no authority to make promises, rep- resentations, oragreements that impose securityduties or other ob- ligations on us orourrepresentatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our choice to enforce, notenforce ordelay enforcement ofwritten-no- tice requirements, rental due dates, acceleration, liens, or anyother rights isn't a waiver underany circumstances, Delay in demanding sums you owe is not a waiver. Except when notice or demand is required by law, you waive any notice and demand for performance from us if you default. Nothing in this Lease constitutes a waiverof our remedies for a breach under your prior lease that occurred before the Lease term begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the 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 nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. OF THE LEASE TERM 25. Move -Out Notice. Before moving out, you must give ourrepresen- tative advance written move -out notice as stated in Par. 4, even if the 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, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate the Lease before the end of the 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 of the 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. lfwe fall to give a reminder notice, 30 days' written notice to move out is required. , (d) You must get from us a written acknowledgment of your notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions if they have been provided.lfyou 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 normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Page 5 of 6 26.2. Move -Out Inspection. We may, but are not obligated to, provide a joint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living in the apartment in our reasonable judgment; or apartment keys and ac- cess devices listed in Par.2.1 have been turned in to us —whichever happens first. You have abandoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (B) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession forall purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions; and remove or store property left in the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that in our sole judgment belongs to you and remains in the apartment or In common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or ifyou surrender or abandon the apartment. We're not liable for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. GENERAL PROVISIONS r SIGNAinifts 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 ofsigning this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable by us (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply If both of the following occur: (1) the Lease is automatically renewed on a month -to -month basis more than once after membership In TAA and the local association has lapsed; and (2) neither the owner nor the man- agement company is a member of TAA and the local association during the third automatic renewal. A signed affidavit from the affiliated local apartment association attesting to nonmembership when the Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may useTAA forms ifTAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severability and Survivability. If any provision ofthis Lease is invalid or unenforceable under applicable law, it won't invalidate the remain- der of the Lease or change the intent of the parties. Paragraphs 10.1, 10.2,16, 27 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease, All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 31. Waivers. By signing this Lease, you agree to the following: 31.1. Class Action Waiver. You agree that you will not participate in any class action claims against us or our employees, agents, or management company. You must file any claim against us individually, and you expressly waive your right to bring, represent, join or otherwise maintain a class action, collective action or similar proceeding against us In anyforum. YOU UNDERSTAND THAT. WITHOUT THIS WAIVER. YOU COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE, 31.2. Force Majeure. If we are prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond our control, including but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance ofobligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions in this Lease. No personal checks will be accepted nor online pavments will be permitted after the 3rd of the month. No online pavments will be accepted after the list NSF check/online payment. If rent is late you must pav with certified funds onlv. Monthlv amenity fee will be $15.00. Notice Fee - $25.00. MTM Fee $200.00. NSF Fee $100.00. Partial Pavment Agreement Fee $25.00, Cabo + kn.VrrV+ n 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 is the entire agreement between you and us. You are NOT relying on any oral representations. Resident or Residents (all sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed on Apartment Lease Contract, TAA Official Statewide Form 22-AIR-1 /B-2 Revised July 2022 Page 6 of 6 M&C Review Page 1 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH Create New From This M&C REFERENCE 19NS 2023-2027 DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN CODE: C TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00 annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023- 2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation from $2,000,000.00 to $2,500,000.00. 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 5. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 6. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 7. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023 M&C Review Page 2 of 7 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of $6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and $2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000,00, all subject to receipt of such funds; and 9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%, estimated total of $393,106.92. DISCUSSION: The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable housing needs and sets strategic priorities and goals for use of federal grants funds from the United States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be addressed with Annual Action Plans that summarize the major housing and community development activities and proposed expenditures for each of the five years. These priorities and goals were developed to be consistent with strategies and initiatives previously adopted by the City Council, as well as through an assessment of community needs. This included Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are summarized below. PRIORITY NEED I GOAL (Promote Affordable Housing (Increase neighborhood stability through homeownership assistance; for Renters and Owners Fair Housing efforts, and supportive services for renters and owners l Housing Preservation and Preserve and expand the supply of quality affordable housing Rehabilitation throughout the City Neighborhood Improvement nhance neighborhood development and revitalization throughout and Revitalization the City Economic Empowerment Support programs and services providing employment training and and Financial Resilience career readiness programs that promote self-sufficiency and household stability Support programs and services to prepare children and youth for Children and Youth Services success through educational, mentoring, training and related programs Support programs and services for older adults to access resources Aging In Place needed to age in their homes, while maintaining both their independence and quality of life ccessibility Improvements Improve accessibility in public facilities and housing, including Ilarchitectural barrier removal Homelessness Prevention Provide housing and support services for persons experiencing and and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve permanent housing (Healthy Living and Wellness ��health Support programs and services to improve the mental and physical of low -to moderate -income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 3 of 7 Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 10, 2023. These funding recommendations were presented in City Council Work Session on August 1, 2023. A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is scheduled for the City Council on August 8, 2023. A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be submitted to HUD by August 15, 2023. Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This will require an increase in the expenditure authority for the PRP and the contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as follows: Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs Major Projects - $636,610,00: Includes for multifamily rental rehabilitation Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: M&C Review Page 4 of 7 Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for multifamily housing development in southeast Fort Worth. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. Community Housing Development Organization Operating - $45,000.00: Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $327,111,90: Includes costs for administering the HOME grant Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated as follows: Public Service Agencies - $564,752.00 Administration - $45,791.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts AGENCY r BChristian Learning enter (Boys & Girls Clubs of Greater Tarrant County, Camp Fire First Texas Cancer Care Services TABLE 1: CDBG AGENCIES IICONSOLIDATED PLAN GOAL Children and Youth Services Children and Youth Inc. Services Children and Youth Services Healthy Living and Wellness Easter Seals North Texas, Economic Inc. Empowerment and Financial Resilience PROGRAM II AMOUNT Out of School Time $78,218.00 Program Youth Development $70,000.00 at Eastside Branch Teens In Action $50,000.00 Cancer Care $50,000.00 Services Employment Services $60,000.00 Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00 County Services II Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001 I i i u i httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel (Junior Achievement of the Chisholm Trail, Inc. Maroon 9 Community Enrichment Organization Meals -On -Wheels, Inc. of Tarrant County NPower Inc. The Ladder Alliance The Women's Center of Tarrant County, Inc. Promote Affordable Housing for Renters and Owners Children and Youth Services Children and Youth Services Aging In Place Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Housing Counseling & Education l Cradle to Career II Initiative ItMaroon 9 Teen richment Program (Nutrition Program II "Tech Fundamentals Workforce Training Program Tarrant County Workforce Development Employment Solutions $111,000.00 $25,000.001 $25,000.00I $75,000.00I $25,000.00 l�M $75,000.00 Holistic Educational (United Community Centers, (Children and Youth ��Literacy $125,000.00 Inc. Services Program JCDBG Public Services Agencies Total II$1,049,218.001 Rehabilitation, Education and Advocacy for Citizens Accessibility Project Ramp $165,000.00 with Handicaps dba Improvements REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity Cowtown Brush Up $455,000.00 and Rehabilitation Habitat for Humanity JCDBG Subrecipient Agencies Total I $620,000.001 TOTAL CDBG CONTRACTS 11$1,669,218.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Support Services, Short -Term Rent, Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00 Based Rental Assistance Tarrant Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00 Inc. g' Services, Tenant -Based Rental Assistance (TBRA) TOTAL HOPWA CONTRACTS Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY IThe Presbyterian Night Shelter of Tarrant County, Inc. Lighthouse for the Homeless dba True Worth Place . 4 . Shelter Operations/Services Day Shelter Operations/Services 1$1,729,850.00 11 AMOUNT 1 II$116,635.00I 11$158,400.001 11 1 M&C Review Page 6 of 7 IThe Salvation Army Center for Transforming Lives ISafeHaven of Tarrant County TOTAL ESG CONTRACTS IlHomelessness Prevention IlRapid Re -Housing JIShelter Operations/Services All figures have been rounded to the nearest dollar for presentation purposes. available in ALL COUNCIL DISTRICTS. $150,000.00 II $75,901.001 II $63,816.001 11$564,752.001 These programs are Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund I Department Account I Project I Program Activity ID ID FROM Fund Department Account Project p 1 ID I I ID Submitted for Citv Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budgetl Reference # Year I (Chartfield 2) Budget Reference # Year (Chartfield 2) Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) Amount Amount 19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filings.pdf (Public) ConPlan July 12 Public Hearinq.pdf (Public) FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2, 2023.m)tx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx, (Public) ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx (Public) httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023