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HomeMy WebLinkAboutContract 62267CSC No. 62267 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WO TH AND MMXXIV. LLC. This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WO TH ("City"), and MMXXIV, LLC. ("Landlord"), each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party's performance, agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 3-bedroom house ("Lease"). The unit is located at ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on October 1, 2024 and shall expire on September 30, 2025, unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms and conditions, provided however that the rental rate and any amounts payable by City shall be OFFICIAL RECORD Rental Assistance Landlord Agreement CITY SECRETARY page 1 of 13 FT. WORTH, TX provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit 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 $2,100.00 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Pavable by City 3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term is $2,100.00 per month for the Unit. The Tenant, during the Initial Term, shall be responsible for $299.00 of rent per month for the Unit. During the Initial Term, and until either this Agreement expires or Landlord is notified by City otherwise, City shall pay $1,801.00 toward the Tenant's Total Rent for the Unit ("City Portion"). Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 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 Rental Assistance Landlord Agreement Page 2 of 13 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 of the initial term, and any subsequent renewals, may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. In the event that the lease is provided to the City after the payment date, then Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day the lease is received by City. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord Rental Assistance Landlord Agreement Page 3 of 13 must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of termination of this Agreement, Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of this Agreement, the onlv remedv Landlord may assert for anv claim, no matter the kind or character, arising out of this Agreement is for the Citv Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REQUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, Rental Assistance Landlord Agreement Page 4 of 13 sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. Rental Assistance Landlord Agreement Page 5 of 13 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its Rental Assistance Landlord Agreement Page 6 of 13 operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Rental Assistance Landlord Agreement Page 7 of 13 Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Jesica McEachern Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS. To LANDLORD: MMXXIV, LLC. 5900 Balcones Dr. Ste 12605 Austin, Texas 78731 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Rental Assistance Landlord Agreement Page 8 of 13 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 49. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. Rental Assistance Landlord Agreement Page 9 of 13 This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a "company" under the applicable section of the Texas Government Rental Assistance Landlord Agreement Page 10 of 13 Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreemcnt Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: 0�* Name: Jesica McEachern Title: Assistant City Manager Date: Nov 6, 2024 APPROVAL RECOMMENDED: By: K " Name: Kacey Bess Title: Director, Neighborhood Services Department oo�vpq ATTEST: .°.oR . 0Gd p�S o dv8 o=4 ppp'f' ° °°°*o nEXA?op Name: Jannette Goodall Title: City Secretary LANDLORD: By. S ."o 11. 1, 202410:45 CDT) Name: Sean Herron Title: Landlord Date: Nov 1, 2024 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By. P Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: G(Jc�hzd By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0552 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A CoDv of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 Rental Agreement between: MMXXIV LLC and Dated: 09/27/2024 Summary of Key Information Property Address: Lease Start Date: Lease End Date: Total Monthly Rent: Monthly Rent Amount: Monthly Pet Rent: Pro -Rated Rent Amount: Total Deposit(s): Security Deposit: Pet Deposit: Other Deposit: Move -in Fee Amount: Late Fee: 10/01 /2024 See section 1.5 09/30/2025 See section 1.5 $2,350.00 See section 1.6 $2,100.00 See section 1.6 $250.00 See section 1.6 N/A See section 1.10 $3,350.00 See section 1.8 $2,100.00 See section 1.8 $1,250.00 See section 1.8 N/A See section 1.8 N/A See section 1.9 10% if not paid by the 3rd. See section 2.1 The above summary table is provided as a reference. The Agreement will control if there is a conflict. Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Texas Residential Rental Agreement ("Agreement") 1. GENERAL INFORMATION 1.1 DATE The date of this Agreement is 09/27/2024. 1.2 TENANT(S) The Tenant(s) herein is/are: Tenant Name If more than one person is named above as Tenant, all persons named shall have joint and several liability as to the obligations of Tenant herein, and all references to Tenant, although stated in the singular, shall apply as appropriate as if written in the plural. The address of Tenant, for purposes of mailing notices is: 1.3 LANDLORD The Landlord herein is: Landlord Name Landlord Email Landlord Phone MMXXIV LLC I sewn@carpevende.com 1 (786) 665-6626 Landlord manages the Premises (as defined below) as the owner. Landlord is authorized to accept service of process, notices and demands. The address of Landlord, for purposes of mailing payments and notices, is: 5900 Balcones Dr., Ste 12605, Austin, TX 78731 Page 1 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 1.4 RENTAL PROPERTY The property herein, known as (the "Premises") is the structure or the part of a structure that is used as a home, residence, or sleeping place by the Tenant who maintains a household there. Property Address Unit / Apt # City State Zip 1.5 TERM The Term herein shall be as follows: Lease Start Date: 10/01/2024 Lease Type: ❑ Month -to -Month: a month -to -month lease terminates by Landlord or Tenant giving the other Party (defined below) to this Agreement thirty days written notice 0 Fixed Term: for a period ending on: 09/30/2025 In the event Fixed Term is selected above, upon expiration of the Fixed Term, Landlord and Tenant (collectively known as "Parties", or individually as "Party") agree that the following shall occur by default: ❑ Continue as Month -to -Month: the lease shall automatically be renewed on a month -to -month basis. 7 Terminate: the lease shall automatically terminate at the conclusion of the initial Fixed Term. 1.6 RENT Rent for the Term hereof shall be payable, in advance, on or before 5pm on the 1 st day of each month ("Due Date"), regardless of whether that day is a Saturday, Sunday, or Holiday, in equal installments of TWO THOUSAND, THREE HUNDRED FIFTY ($2,350.00) Monthly Base Rent: $2,100.00 Additional Monthly Pet Rent: $250.00 Total Monthly Rent: $2,350.00 Page 2 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 1.7 FORM OF RENT PAYMENTS All payments shall be made to Landlord without demand at Landlord's mailing address such that they can be received on or before the Due Date. Landlord's acceptance of Rent from a person other than the Tenant shall not be a waiver of any right and shall not constitute acceptance of such person as a Tenant. All payments for Rent should be made via one of the following methods: Payments Allowed: ❑ Cash ❑ Personal Check a Cashier's Check a Money Order MACH / Direct Deposit M Rent Payments by TurboTenant 1.8 SECURITY DEPOSIT AND OTHER DEPOSITS Upon the due execution of this Agreement, Tenant shall deposit with Landlord the following deposit amount(s): Security Deposit: $2,100.00 Pet Deposit: $1,250.00 Other Deposit: N/A 1.9 NONREFUNDABLE FEES Upon the due execution of this Agreement, Tenant shall pay to Landlord the following non- refundable fee(s): Nonrefundable Fee(s): I N/A 1.10 PRORATED RENT Upon the due execution of this Agreement, Tenant shall pay to Landlord the following amount representing the amount due for the partial first month of the Term ("Prorated Rent"): Prorated Rent: N/A Page 3 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 1.11 UTILITIES AND OTHER SERVICES Landlord and Tenant agree that Utilities and Other Services (listed below) will be the responsibility of, and paid for by, Tenant, in addition to Rent, as outlined below: Utility or Other Service Responsibility Electric Tenant Internet Tenant Phone Tenant Cable / Satellite Tenant Gas Tenant Water Tenant Sewer / Septic Tenant Trash Tenant Lawn Care Landlord Snow Removal Tenant HOA or Condo Dues N/A Tenant's obligation to pay the above Utilities or Other Services shall include any and all seasonal fees, late fees, installation or connection fees and maintenance charges. Failure by Tenant to comply with the above responsibility for Utilities or Other Services will constitute a default to this Agreement and Landlord may terminate this Agreement. If Tenant fails to notify the service provider or does not assume responsibility of billing as of the Lease Start Date of this Agreement or cancels the Utilities or Other Services prior to the termination of this Agreement, which results in the account being billed to Landlord, Tenant's Utilities or Other Services will be paid and charged back to Tenant in addition to Rent. 1.12 ADDITIONAL OCCUPANTS In addition to Tenant, the following individuals (if any) may occupy the Premises ("Additional Occupants"): Additional Occupant Name Age Relationship N/A N/A N/A 1.13 PETS Unless otherwise provided under federal, state, or local law, no animals (including mammals, reptiles, birds, fish, rodents, and insects) are allowed, even temporarily, anywhere on the Premises unless so authorized in writing. Page 4 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e ❑ Tenant shall not bring, keep, "baby-sit", or maintain any pet on the Premises. X❑ This Agreement grants permission to Tenant to keep the below named pet(s), subject to the following: Type (dog, cat, etc.) Breed Weight (Ibs) Age (years) Dog Pitbull 50 3 Dog Chihuahua 7 3 Dog Chihuahua 3 0 Tenant agrees that Landlord has the right to request Tenant to remove a pet permanently from the Premises if pet becomes a nuisance, causes disturbances, or damages the Premises or personal property belonging to the Premises. Pets of guests are not allowed on the Premises. 1.14 SMOKING The Premises are designated as a property where smoking is: ❑ Not Permitted ❑ Permitted N Permitted Outdoors Only For the purposes of clarifying and restricting its use, the term "Smoking' is defined to include the use of cigarettes, pipes, cigars, electronic vaporizing or aerosol devices, or other devices intended for the inhalation of tobacco, marijuana, or similar substances. Tenant understands and agrees that any damage caused by Smoking shall not constitute ordinary wear and tear. Landlord may deduct from the Security Deposit all damages and/or costs for the cleaning or repairing of any damage caused by or related to Smoking, including but not limited to: deodorizing the Premises, sealing and painting the walls and ceiling, and/or repairing or replacing the carpet and pads. Page 5 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 1.15 PARKING Types of parking include garage, driveway and street. Parking Rules For the type of parking indicated, Tenant shall use such space exclusively for parking of Tenant's own passenger automobiles, and not for the washing, oil change or repair of vehicles. Parking space shall not be used for trucks or pickups in excess of 1 (one) ton, boats, recreational vehicles, storage, trailers, unlicensed, abandoned, or unregistered vehicles without prior permission from Landlord in writing. Tenant shall not park or allow any other person to park in any other space in the parking area. Landlord reserves the right to assign Tenant a different parking space or parking permit on 7 (seven) days notice to Tenant. Guests and invitees shall park on adjacent streets or in designated Guest Parking areas. Violators may be towed at vehicle owner's risk and expense. 1.16 TENANT INSURANCE Landlord shall not insure Tenant for any personal injury or property damage. Tenant is: 0 Required to buy and maintain renters or liability insurance. Tenant shall provide Landlord with evidence of required insurance prior to Tenant moving into Premises and upon request during the Term. ❑ Not required to buy renters or liability insurance, however it is strongly recommended to protect Tenant, Tenant's family, Tenant's invitees, and/or guests, and all personal property on the Premises and/or in any common areas from any and all damages. 1.17 KEYS Tenant acknowledges receipt of the following keys: Key Type Number of copies Property 2 Tenant shall return these keys, garage door openers, and all copies made of these keys to Landlord upon termination of the Agreement. Tenant is responsible for the cost of rekeying if all keys are not returned upon vacating. Page 6 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 1.18 ADDITIONAL TERMS The following Additional Terms (as defined below) will become a part of this Agreement and will supersede any conflicting terms of this Agreement: Additional Terms: By executing this lease agreement, you agree that anything contained in the provisions section supersedes any verbal agreements or items mentioned previously in the lease agreement. Community Rules- No parties or large gatherings of any kind.- No more than 3 cars (per unit) at a time.- No toys, bicycles etc. in front of the unit. Must store them inside of the unit.- Smoking is not allowed in the house and could result in forfeiture of the entire deposit and additional costs for cleaning and odor removal.- Must keep all areas around the unit free of objects, trash, and debris.- Broken vehicles must be stored on the street.- Renter's insurance is required at the tenant's expense.- Any person staying more than 5 consecutive days or more than 7 days in any 30 day period, is considered a tenant and needs to be added as a tenant to the unit they are occupying. Any non- registered tenants are a breach of the lease.- Outside of garbage collection days, all trash bins should be out of sight from the front of your unit.- Please clean up after your pets and yourself. Any dog droppings or cigarette butts should be placed in the trash bins immediately. Late Fees Rent will be considered late on the 5th day of the month and a late fee of 10% of the total monthly rent will be charged. On the 6th day, a daily late fee of $10 per day will be charged to the tenant for each calendar day that the rent has not been completely paid. $50 FEE for returned payments/NSF in the form of ACH or Checks in addition to any late fees. Each tenant is responsible for the full rent amount regardless of partial payments. **Early Termination Clause:** Should the Tenant wish to terminate this lease agreement prior to the expiration of the lease term, the Tenant shall be subject to a penalty equivalent to two months' worth of the monthly rent. This penalty is in addition to any other obligations or fees owed by the Tenant under the terms of this lease agreement. The Tenant shall provide written notice of intent to terminate the lease to the Landlord at leas 60 days in advance of desired date to vacate. Upon receipt of such notice, the Landlord reserves the right to begin marketing the property for re -rental which would require the unit to maintain cleanliness and allow access to the unit for walkthroughs with 24 hours notice. **Security Deposit Clause:** The security deposit provided by the Tenant shall not be considered as payment for the last month's rent or any other rent due under this lease agreement. The security deposit shall be held by the Landlord as security for the faithful performance by the Tenant of all terms and conditions of this lease. Upon the expiration or termination of the lease term, the security deposit, less any deductions for damages, repairs, or other charges as outlined in this lease agreement, shall be returned to the Tenant within the time frame required by applicable law. The security deposit shall not be applied towards any outstanding rent unless explicitly agreed upon in writing by both the Tenant and the Landlord. For consideration of Rent and adherence to the covenants in this Agreement by the Tenant, the Landlord leases to the Tenant the Premises for the Term. Page 7 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2. SPECIAL PROVISIONS THE PARTIES FURTHER AGREE TO THE FOLLOWING SPECIAL PROVISIONS: 2.1 LATE RENT Rent is due in full on the first day of each and every month. If rent is not received on or before the 3rd day of the month, a late fee of 12% for properties with 4 or less units, or 10% for properties with 4 or more units, of the unpaid rent amount can be charged. All late fees shall be deemed additional rent for the month, and shall be paid and collected as such. Late fees will be assessed from the Due Date until the entire balance of unpaid Rent, accrued late fees, and any other charges are paid in full. 2.2 BAD CHECKS / NSF FEES If a personal check or ACH draft is returned by Tenant's bank for any reason, a charge of twenty dollars ($20.00) shall be added to Rent for the month, and Tenant shall not be current with Rent as long as said charge is not paid. If Rent payment is late, or if Tenant's electronic or personal check is returned due to insufficient funds, uncollected or unpaid, Landlord may require that all subsequent payments be made by cashier's check or money order. 2.3 NOTICE TO TENANT Notice to Tenant may be given in accordance with applicable law to the address of the Premises listed above, or to such other place as designated by Tenant in writing as the place for receipt of notices, or, in the absence of such designation, to Tenant's last known address. 2.4 SECURITY DEPOSIT PROVISIONS Upon the due execution of this Agreement, Tenant shall deposit with Landlord a security deposit referenced in Section 1.8. Such deposit shall be returned to Tenant, without interest, and less any set-off for unpaid rent, unpaid late fees, unpaid utilities, damages, or any other money owing Landlord under this Agreement within thirty (30) days after the termination or expiration of this Agreement along with an itemization of any lawful charges, mailed to Tenant's last known mailing address. Tenant may not elect to use the security deposit for rent for any month. Page 8 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2.5 USE OF PREMISES / OCCUPANCY LIMITS The Premises shall be occupied as a residence exclusively by the Tenant and the Additional Occupant(s). To the extent allowed by applicable law, Tenant shall comply with any and all laws, ordinances, rules, and orders of any and all governmental or quasi -governmental authorities affecting the upkeep, use, occupancy, and preservation of the Premises. To the extent allowed by applicable law, Tenant shall indemnify Landlord against, and reimburse Landlord for, any fines, charges, damages, costs, or fees, including reasonable attorney fees, incurred or paid by Landlord as a result of any noncompliance of the occupancy limits by Tenant. No person who is not a Tenant or Additional Occupant(s) may occupy the Premises, except that Tenant may allow one guest to stay with Tenant for a maximum period of fifteen (15) days every six (6) months, provided that such guest at all times maintains a separate residence. Any guest who stays in excess of this amount shall be considered an unauthorized occupant. 2.6 CONDITION OF PREMISES Tenant acknowledges that prior to occupying the Premises, Tenant has examined the Premises and is satisfied with the condition, subject to those items specifically stated on the Property Condition Report (or like -titled document). By accepting possession of the Premises, Tenant acknowledges and agrees that no repairs or cleaning are required or requested. Tenant agrees and accepts the Premises "As Is" condition, and that no warranty or guarantees are expressed or implied by Landlord. In the event that not all Tenants can be present at the time of move -in, the acceptance of the condition by one or more than one Tenant(s) shall be sufficient as to establishing the condition at the start of the Term. Page 9 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2.7 NOTIFICATION OF BUILDING PROBLEMS OR REPAIRS NEEDED Tenant shall keep the Premises in good order and condition, and immediately_pay for any repairs caused by Tenant's negligence or misuse,, or that of their guests. Tenant agrees to notify Landlord immediately upon first discovering any repairs or maintenance needed, or signs of serious building problems, including but not limited to: a crack in the foundation, a tilting porch, a crack in the plaster or stucco, moisture in the ceiling, buckling sheetrock or siding, a leaky roof, a spongy floor, any leaking or running water, appliance malfunction, and/or electrical shorting or sparks. Failure to report a problem may create a situation where the Tenant will be liable for damages due to the problem not being addressed sooner. Notwithstanding anything to the contrary in this Agreement, Landlord will pay for repairs of conditions that materially affect the health or safety of an ordinary resident (i.e., dangerous or hazardous conditions). Remedies: If Landlord violates any of the above, Tenant may possibly terminate this Agreement and exercise other remedies under Texas Property Code § 92.056 as follows: all Rent must be current, and Tenant must make a written request for repair or remedy of the material condition delivered to Landlord, after which Landlord will have a reasonable time for repair or remedy; 2. if Landlord fails to repair or remedy the situation, Tenant shall make a second written request for the repair or remedy stating that Tenant intends to repair or remedy the condition (to make sure that there has been no miscommunication between the parties) - after which Landlord will have a reasonable time to repair or remedy. If the repair or remedy still hasn't been accomplished within that reasonable time period, Tenant may: 1. Terminate the lease; or 2. Have the condition repaired or remedied (by a qualified contractor) and deduct from rent the cost of repair not to exceed one month's rent or $500.00, whichever is greater, according to the provisions of 92.0561; or 3. Exercise other statutory remedies available under Texas Property Code Sections 92.0563 and 92.0561. Page 10 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2.8 ENTRY/ACCESS TO PREMISES BY LANDLORD Landlord shall have the right at all reasonable times during the Term of this Agreement to enter the Premises for the purpose of inspecting and exhibiting the Premises and all buildings and improvements thereon. In non -emergency situations, Landlord will make a good faith effort to notify Tenant at least twenty-four (24) hours prior to entry by one of the following methods: telephone message, email message, or door hanger, and having made such good faith effort shall enter as necessary. In an emergency situation, or if a repair is requested by Tenant, Landlord is permitted to enter immediately without prior notice. Tenant understands that Landlord will typically commence showing the Premises to prospective tenants one hundred twenty (120) days or more before the expiration of the Term of this Agreement, but may show the Premises to prospective tenants, purchasers, or lenders at any time. Landlord shall further have the right to display "for sale", "for rent", or "vacancy" signs in or about the Premises. 2.9 ABSENCES Tenant is required to notify Landlord in writing of any anticipated absence from the Premises in excess of seven (7) days, and shall make arrangements for the Premises to be routinely checked on during absence. Such written notice must be provided no later than the first day of any such absence. Landlord may enter the Premises at any time for any reasonable purpose during Tenant's absence. 2.10 FAIR HOUSING The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status and disability. All Parties to this Agreement shall act according to said law or any other classification protected by federal, state, or local law applicable in the jurisdiction where the Premises is located. 2.11 DAMAGE TO PREMISES In the event the Premises are destroyed or rendered wholly untenable by fire, storm, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The Rent provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying Rent up to such date and Landlord refunding Rent collected beyond such date. Should a portion of the Premises thereby be rendered untenable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Agreement. In the event that Landlord exercises its right to repair such untenable portion, the Rent shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full Rent shall recommence and the Agreement continue according to the terms. Page 11 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2.12 SECURITY DEVICES AND EXTERIOR DOOR LOCKS Subchapter D of Chapter 92 of the Texas Property Code requires the Premises to be equipped with certain types of locks, and security devices and will govern the rights and obligations of the parties regarding security devices. "Security device" has the meaning assigned to that term in §92.151 of the Texas Property Code. All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by Tenant in advance, and may only be installed by Landlord or Landlord's contractors after receiving a written request from Tenant.lf required by Subchapter D of Chapter 92 of the Texas Property Code. Landlord has rekeved the security devices on the Premises since the date the last tenant vacated the Premises, or will rekev the security devices no later than seven (7) days after Tenant moves into the Premises. 2.13 UTILITIES AND OTHER SERVICES Landlord is not responsible for any discomfort, inconvenience, or damage of any kind caused by the interruption or failure of any Utilities or Other Services. Landlord is not responsible for outages or lapses caused by outside providers or for Tenant's use thereof. Any billing methods described herein may be changed by Landlord by providing Tenant with thirty (30) days prior written notice, or by the minimum number of days as required by state and/or local law(s) (whichever is shorter), and Tenant acknowledges that in certain situations it is necessary to make a change to the billing method. 2.14 SMOKE DETECTORS Subchapter F of Chapter 92 of the Texas Property Code requires the Premises to be equipped with smoke detectors in certain locations, and will govern the rights and obligations of the parties regarding smoke detectors. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611 of the Texas Property Code. Page 12 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2.15 ARBITRATION THIS ARBITRATION AGREEMENT IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, TITLE 9 OF THE UNITED STATES CODE. LANDLORD AND TENANT (THE "PARTIES") AGREE AND UNDERSTAND THAT THEY CHOOSE ARBITRATION INSTEAD OF LITIGATION TO RESOLVE DISPUTES. THE PARTIES UNDERSTAND THAT THEY HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES IN COURT, BUT THAT THEY PREFER TO RESOLVE THEIR DISPUTES THROUGH ARBITRATION, EXCEPT AS PROVIDED HEREIN. EXCEPT FOR ANY EXCLUDED CLAIM (AS DEFINED BELOW), ANY DISPUTE, CLAIM, DEMAND, ACTION, PROCEEDING, OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER RELATING TO THIS AGREEMENT OR OTHER LEASE DOCUMENTS AND ADDENDA, PREMISES, OR THE PROPERTY, WHETHER FOR DAMAGES OR FOR INJUNCTIVE OR OTHER LEGAL, EQUITABLE OR OTHER RELIEF, WHETHER ARISING UNDER FEDERAL, STATE, LOCAL, COMMON, STATUTORY, REGULATORY, CONSTITUTIONAL, OR OTHER LAW, BETWEEN TENANT AND LANDLORD SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN THE STATE IN WHICH THE PREMISES IS LOCATED. IF LANDLORD AND TENANT CANNOT AGREE ON THE SELECTION OF AN ARBITRATOR WITHIN FIFTEEN (15) DAYS AFTER THE REQUEST FOR ARBITRATION, THE AAA SHALL SELECT AN ARBITRATOR. THE DETERMINATION OF THE ARBITRATOR IN SUCH ARBITRATION SHALL BE FINAL AND BINDING AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR SHALL ASSESS THE COST OF ARBITRATION AGAINST THE PARTY WHICH IS NOT THE SUBSTANTIALLY -PREVAILING PARTY IN SUCH ARBITRATION. AN EXCLUDED CLAIM IS ANY ACTION, PROCEEDING, OR CAUSE OF ACTION BY LANDLORD OR ITS AGENT FOR THE EVICTION OF TENANT FROM THE PREMISES, TO RECOVER POSSESSION OF THE PREMISES, OR TO COLLECT PAST -DUE RENTS OR OTHER SUMS DUE UNDER THIS AGREEMENT OR ANY OTHER LEASE DOCUMENTATION. AN EXCLUDED CLAIM ALSO INCLUDES ANY ACTION, PROCEEDING, OR CAUSE OF ACTION BROUGHT BY TENANT PURSUANT TO CHAPTER 92 OF THE TEXAS PROPERTY CODE. AN ACTION ON AN EXCLUDED CLAIM SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN THE STATE IN WHICH THE COMMUNITY IS LOCATED. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS I_TC1:744di140k0 Page 13 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 2.16 FLOODPLAIN Are you aware that the property is located in a 100-year floodplain? ❑ Yes a No If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. Has the property flooded 1 or more times in the last 5 years? ❑ Yes N No Texas Code defines flooding as "the inundation of a partial or complete portion of the dwelling covered by the lease which was caused by the overflow of inland or tidal waters, the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream or drainage ditch, or excessive rainfall. 3. GENERAL PROVISIONS THE PARTIES FURTHER AGREE TO THE FOLLOWING GENERAL PROVISIONS: 3.1 ASSIGNMENT AND SUBLETTING Tenant shall not assign this Agreement, or sublet or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. Consent by Landlord to one such assignment, subletting, or license shall not be deemed to be consent to any subsequent assignment, subletting, or license. An assignment, subletting, or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. Page 14 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3.2 ALTERATIONS AND IMPROVEMENTS Tenant shall make no alterations to the buildings on the Premises or construct any building, or make any other improvements (including painting of any kind) on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed, or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord, and remain on the Premises at the expiration of this Agreement. Notwithstanding the foregoing, the Landlord may require the Tenant at Tenant's sole cost and expense, to remove such improvements at the expiration of this Agreement and return the Premises to its original condition at the commencement of this Agreement. 3.3 HAZARDOUS MATERIALS Tenant shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company. 3.4 MOLD AND MILDEW DISCLOSURE Prior to commencement of this Agreement, Landlord and Tenant have visually inspected the Premises and observed no visible mold or mildew, obvious water leaks, or presence of excess moisture conducive to mold growth, unless expressly noted on the Condition of Premises (or like -titled document). Landlord is not representing that a significant mold problem exists or does not exist on the Premises, as such a determination may only be made by a qualified inspector. Tenant agrees that it is their responsibility to hire a qualified inspector to determine if a significant mold problem exists or does not exist on the property. Tenant further acknowledges and agrees that Landlord, who has provided this section, is not liable for any action based on the presence of or propensity for mold in the property. Instead, Tenant must promptly notify Landlord in writing of a condition that poses a hazard to property, health, or safety. Landlord will take appropriate action to comply with applicable law, subject to any exceptions for natural disasters and other casualty losses. 3.5 LEAD -BASED PAINT DISCLOSURE AND WARNING STATEMENT Housing built prior to 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposures are especially harmful to children and pregnant women. Before renting pre-1978 housing, Landlord must disclose any known presence of lead -based paint, lead -based paint hazards, and/or records or reports of lead -based paint in the dwelling. Tenant must also receive a federally - approved pamphlet on lead poisoning prevention. Page 15 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3.6 MODIFICATION This Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the Parties hereto. 3.7 CREDIT REPORTING DISCLOSURE Tenant is hereby notified that a negative credit report statement may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of this Agreement. 3.8 MILITARY PERSONNEL CLAUSE / FAMILY VIOLENCE / SEX OFFENSES OR STALKING The federal Servicemembers Civil Relief Act allows a Tenant to terminate this Agreement, under certain circumstances, if they enlist, are moved, or are drafted or commissioned in the U.S. Armed Forces. Tenants may have additional rights, under state or local laws, to terminate this Agreement early in certain situations involving family violence, certain sexual offenses, or stalking. All Parties to this Agreement shall act according to any such federal, state, or local law applicable in the jurisdiction where the Premises is located. 3.9 MATERIALITY OF APPLICATION TO RENT All representations made by Tenant on the application (or like -titled document) (defined as "Application to Rent") are material to the grant of this Agreement, and the Agreement is granted only on the condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application to Rent, Landlord may deem Tenant to be in breach of this Agreement and shall be good cause for termination. 3.10 SUBORDINATION OF LEASE This Agreement and Tenant's interest hereunder are, and shall be, subordinate, junior, and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens, or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens, or encumbrances and any and all renewals, extensions, or modifications of such mortgages, liens, or encumbrances. 3.11 CHOICE OF LAW THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. All Parties to this Agreement, including Third Party Guarantors, if any, expressly consent to the venue of the courts of the county in which the Premises is located. Page 16 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3.12 SURRENDER OF PREMISES Upon the expiration of the Term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof excepted. For purposes of this Agreement, Tenant has "surrendered" the Premises when: (i) the move -out date has passed and no one is living in the Premises in Landlord's reasonable judgment; or (ii) the keys and access devices listed in this Agreement have been turned in to Landlord, whichever happens first. Surrender, abandonment, or judicial eviction ends Tenant's right of possession for all purposes, and gives Landlord the immediate right to clean up, make repairs in, and relet the Premises; determine any Security Deposit deductions; and remove property left in the Premises. 3.13 QUIET ENJOYMENT Tenant, upon payment of all of the sums referred to herein as being payable by Tenant, and Tenant's performance of all Tenant's agreements contained herein, and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold, and enjoy said Premises for the term hereof. 3.14 COMPLIANCE WITH LAWS Tenant shall not violate any law or ordinance (federal, state, or local), or commit or permit any waste or nuisance in or about the Premises, or in any way annoy any other person residing within three hundred (300) feet of the Premises. Such actions shall be a material and irreparable violation of the Agreement and good cause for termination of Agreement. Page 17 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3.15 ABANDONMENT If at any time during the Term Tenant abandons the Premises, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired Term, and may receive and collect all Rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the Rent that would have been payable under this Agreement during the balance of the unexpired Term, if this Agreement had continued in force, and the net Rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in accordance with applicable law, and Landlord is hereby relieved of all liability for doing so. For purposes of this Agreement, Tenant has "abandoned" the Premises when all of the following have occurred: (i) Tenant appears to have moved out in Landlord's reasonable judgment; (ii) clothes, furniture, and personal belongings have been substantially removed in Landlord's reasonable judgment; (iii) Tenant has been in default for nonpayment of Rent for five (5) consecutive days, or water, gas, or electric service for the Premises not connected in Landlord's name has been terminated or transferred; and (iv) Tenant has not responded for two (2) days to Landlord's notice left on the inside of the main entry door stating that Landlord considers the Premises abandoned. The Premises is also considered abandoned ten (10) days after the death of a sole Tenant. 3.16 NO REPRESENTATIONS Tenant acknowledges that Landlord has not made any representations, written or oral, concerning the safety of the community or the effectiveness or operability of any security devices or security measures. Tenant acknowledges that Landlord does not warrant or guarantee the safety or security of Tenant or his or her guests or invitees against the criminal or wrongful acts of third parties. Each Tenant, guest, invitee and Additional Occupant(s) is responsible for protecting his or her own person and property. 3.17 ATTORNEY / COLLECTION FEES To the extent allowed under applicable law, should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, or a collection company to recover any financial loss, including the collection of Rent or gaining possession of the Premises, the prevailing party shall be awarded its attorneys fees. Page 18 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3.18 SEVERABILITY If any provision of this Agreement or the application thereof shall, for any and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 3.19 TIME Time is of the essence to the terms of this Agreement. 3.20INDEMNIFICATION To the maximum extent permitted under applicable law, Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, Additional Occupant(s), guests, invitees, agents, or employees, or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend, and hold Landlord harmless from any and all claims or assertions of every kind and nature. 3.21 DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience of reference only, and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 3.22 NON WAIVER No indulgence, waiver, election, or non -election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 3.23 ENTIRE AGREEMENT The foregoing Agreement constitutes the entire Agreement between the Parties and supersedes any online, oral, or written representations or agreements that may have been made by either Party. Further, Tenant represents that he or she has relied solely on his or her own judgment, experience, and expertise in entering into this Agreement with Landlord. Page 19 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3.24 WARRANTY OF HABITABILITY Landlord hereby warrants that, at all times during the tenancy, it will comply with all applicable provisions of any Federal, State, County or municipal statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the Property to keep the Property safe and fit for human habitation. Tenant hereby warrants that at all times during the tenancy, tenant will comply with any Federal, State, County or municipal statute, code, regulation or ordinance governing the use of the Property, including but not limited to disposal of garbage and waste, keeping systems in good working order, protection of the property from destruction and communication to Landlord in writing about problems that need to be addressed in the proper time frame using the following communication methods: a Online Maintenance Requests via TurboTenant Communication Methods ❑ US Mail Allowed: ❑Email Text Message ❑ Other Phone Number: ( Page 20 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 4. SIGNATURES THE TENANT UNDERSTANDS THAT THE EXECUTION OF THIS AGREEMENT ENTAILS AN IMPORTANT DECISION THAT HAS LEGAL IMPLICATIONS. TENANT IS ADVISED TO SEEK HIS OR HER OWN COUNSEL, LEGAL OR OTHERWISE, REGARDING THE EXECUTION OF THIS AGREEMENT. TENANT HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO IT, AND HAS BEEN GIVEN A COPY. ELECTRONIC SIGNATURES MAY BE USED TO EXECUTE THIS AGREEMENT. IF USED, THE PARTIES ACKNOWLEDGE THAT ONCE THE ELECTRONIC SIGNATURE PROCESS IS COMPLETED, THE ELECTRONIC SIGNATURES ON THIS AGREEMENT WILL BE AS BINDING AS IF THE SIGNATURES WERE PHYSICALLY SIGNED BY HAND. WITNESS THE SIGNATURES OF THE PARTIES TO THIS AGREEMENT: Date: 09 / 27 / 2024 Page 21 of 21 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e LEAD -BASED PAINT DISCLOSURE LEAD WARNING STATEMENT Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Landlord's Disclosure: (a) Presence of lead -based paint and/or lead -based paint hazards (check (i) or (ii) below): (i) ❑ Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). (ii) X❑ Landlord has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) ❑ Landlord has provided the lessee with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). (ii) a Landlord has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Tenant's Acknowledgment (initial): r (c) Tenant has read the Lead Warning Statement above and understands its contents. (d) Tenant has received copies of all information listed above. (e) Tenant has received the pamphlet Protect Your Family from Lead in Your Home. Certification of Accuracy: The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. TENANT(S): Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e LANDLORD(S): Authorized Signer Name: Sean H Company Name: M MXXIV LLC Sign: �1 Date: 09 / 27 / 2024 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Protect Your Family From Lead in Your Home A United States jQpEPA Environmental Protection Agency United States Consumer Product Safety Commission ?�AF NT 0, ¢* Illilll * NZ United States Department of Housing and Urban Development Q 9egN DEV CVO January 2020 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead -based paint? Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to learn: • How lead gets into the body • How lead affects health • What you can do to protect your family • Where to go for more information Before renting or buying a pre-1978 home or apartment, federal law requires: • Sellers must disclose known information on lead -based paint or lead - based paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead -based paint. Buyers have up to 10 days to check for lead. • Landlords must disclose known information on lead -based paint or lead -based paint hazards before leases take effect. Leases must include a specific warning statement about lead -based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment: • Read EPA's pamphlet, The Lead -Safe Certified Guide to Renovate Right, to learn about the lead -safe work practices that contractors are required to follow when working in your home (see page 12). Doc ID: 13ec5d0e7c1cdOc8c8a7842d973bd0468fc2a27e Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead -based paint: • Don't try to remove lead -based paint yourself. • Always keep painted surfaces in good condition to minimize deterioration. • Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/lead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. • Regularly clean floors, window sills, and other surfaces. • Take precautions to avoid exposure to lead dust when remodeling. • When renovating, repairing, or painting, hire only EPA- or state - approved Lead -Safe certified renovation firms. • Before buying, renting, or renovating your home, have it checked for lead -based paint. • Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. • Wash children's hands, bottles, pacifiers, and toys often. • Make sure children eat healthy, low -fat foods high in iron, calcium, and vitamin C. • Remove shoes or wipe soil off shoes before entering your house. Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies if they: • Breathe in lead dust (especially during activities such as renovations, repairs, or painting that disturb painted surfaces). • Swallow lead dust that has settled on food, food preparation surfaces, and other places. • Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. • At this age, children's brains and nervous systems are more sensitive to the damaging effects of lead. • Children's growing bodies absorb more lead. • Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Women of childbearing age should know that lead is dangerous to a developing fetus. • Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. 2 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e 3 Health Effects of Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: Brain Nerve Damage Hearing • Nervous system and kidney damage z---, .roblems • Learning disabilities, attention -deficit disorder, and decreased intelligence Slowed Growth • Speech, language, and behavior problems F • Poor muscle coordination • Decreased muscle and bone growth • Hearing damage e I Digestive Problems While low -lead exposure is most common, Reproductive Problems exposure to high amounts of lead can have (Adults) devastating effects on children, including seizures, unconsciousness, and in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: • Harm to a developing fetus • Increased chance of high blood pressure during pregnancy • Fertility problems (in men and women) • High blood pressure • Digestive problems • Nerve disorders • Memory and concentration problems • Muscle and joint pain Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Check Your Family for Lead Get your children and home tested if you think your home has lead. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: • Children at ages 1 and 2 • Children or other family members who have been exposed to high levels of lead • Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. M Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Where Lead -Based Paint Is Found In general, the older your home or childcare facility, the more likely it has lead -based paint.' Many homes, including private, federally -assisted, federally - owned housing, and childcare facilities built before 1978 have lead -based paint. In 1978, the federal government banned consumer uses of lead -containing paint? Learn how to determine if paint is lead -based paint on page 7. Lead can be found: • In homes and childcare facilities in the city, country, or suburbs, • In private and public single-family homes and apartments, • On surfaces inside and outside of the house, and • In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. "Lead -based paint" is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cmz), or more than 0.5% by weight. z "Lead -containing paint" is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million (ppm) by weight. 5 Doc ID: 13ec5d0e7c1cdOc8c8a7842d973bd0468fc2a27e Identifying Lead -Based Paint and Lead -Based Paint Hazards Deteriorated lead -based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead -based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: • On windows and window sills • Doors and door frames • Stairs, railings, banisters, and porches Lead -based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead -based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous: • 10 micrograms per square foot (µg/ftz) and higher for floors, including carpeted floors 100 µg/ft' and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: • 400 parts per million (ppm) and higher in play areas of bare soil • 1,200 ppm (average) and higher in bare soil in the remainder of the yard Remember, lead from paint chips —which you can see —and lead dust —which you may not be able to see —both can be hazards. The only way to find out if paint, dust, or soil lead hazards exist is to test for them. The next page describes how to do this. 6 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Checking Your Home for Lead You can get your home tested for lead in several different ways: • A lead -based paint inspection tells you if your home has lead - based paint and where it is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead -based paint inspector, will conduct a paint inspection using methods, such as: • Portable x-ray fluorescence (XRF) machine • Lab tests of paint samples • A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: • Sample paint that is deteriorated on doors, windows, floors, stairs, and walls • Sample dust near painted surfaces and sample bare soil in the ya rd • Get lab tests of paint, dust, and soil samples • A combination inspection and risk assessment tells you if your home has any lead -based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Checking Your Home for Lead, continued In preparing for renovation, repair, or painting work in a pre-1978 home, Lead -Safe Certified renovators (see page 12) may: • Take paint chip samples to determine if lead -based paint is present in the area planned for renovation and send them to an EPA -recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead -based paint inspector or risk assessor • Use EPA -recognized tests kits to determine if lead -based paint is absent (but not in housing receiving federal assistance) • Presume that lead -based paint is present and use lead -safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1-800-424-LEAD (5323) for a list of contacts in your area.3 3 Hearing- or speech -challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8339. 0 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e What You Can Do Now to Protect Your Family If you suspect that your house has lead -based paint hazards, you can take some immediate steps to reduce your family's risk: • If you rent, notify your landlord of peeling or chipping paint. • Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) • Carefully clean up paint chips immediately without creating dust. • Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. • Wash your hands and your children's hands often, especially before they eat and before nap time and bed time. • Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. • Keep children from chewing window sills or other painted surfaces, or eating soil. • When renovating, repairing, or painting, hire only EPA- or state - approved Lead -Safe Certified renovation firms (see page 12). • Clean or remove shoes before entering your home to avoid tracking in lead from soil. • Make sure children eat nutritious, low -fat meals high in iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead. Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Reducing Lead Hazards Disturbing lead -based paint or removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead -based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead - contaminated soil. These actions are not permanent solutions and will need ongoing attention. • You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or state - certified renovator who is trained in the use of lead -safe work practices. If you are a do-it-yourselfer, learn how to use lead -safe work practices in your home. • To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead -based paint with special materials. Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. • Hire a Lead -Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement contractor. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. 10 Doc ID: 13ec5d0e7c1cdOc8c8a7842d973bd0468fc2a27e 11 Reducing Lead Hazards, continued If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 40 micrograms per square foot (µg/ft2) for floors, including carpeted floors • 250 µg/ft2 for interior windows sills • 400 µg/ft2 for window troughs For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 14 and 15), or visit epa.gov/lead, or call 1-800-424-LEAD. Doc ID: 13ec5d0e7c1cdOc8c8a7842d973bd0468fc2a27e Renovating, Repairing or Painting a Home with Lead -Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must: • Be a Lead -Safe Certified firm approved by EPA or an EPA -authorized state program • Use qualified trained individuals (Lead -Safe Certified renovators) who follow specific lead -safe work practices to prevent lead contamination • Provide a copy of EPA's lead hazard information_ document, The Lead -Safe Certified Guide to Renovate Right RRP contractors working in pre-1978 homes and childcare facilities must follow lead -safe work practices that: • Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead -contaminated dust. Some methods generate so much lead - contaminated dust that their use is prohibited. They are: • Open -flame burning or torching • Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment • Using a heat gun at temperatures greater than 1100°F • Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods. • Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA's requirements for RRP projects, visit epa.gov/getleadsafe, or read The Lead -Safe Certified Guide to 12 Renovate Right. Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Other Sources of Lead Lead in Drinking Water The most common sources of lead in drinking water are lead pipes, faucets, and fixtures. Lead pipes are more likely to be found in older cities and homes built before 1986. You can't smell or taste lead in drinking water. To find out for certain if you have lead in drinking water, have your water tested. Remember older homes with a private well can also have plumbing materials that contain lead. Important Steps You Can Take to Reduce Lead in Drinking Water • Use only cold water for drinking, cooking and making baby formula. Remember, boiling water does not remove lead from water. • Before drinking, flush your home's pipes by running the tap, taking a shower, doing laundry, or doing a load of dishes. • Regularly clean your faucet's screen (also known as an aerator). • If you use a filter certified to remove lead, don't forget to read the directions to learn when to change the cartridge. Using a filter after it has expired can make it less effective at removing lead. Contact your water company to determine if the pipe that connects your home to the water main (called a service line) is made from lead. Your area's water company can also provide information about the lead levels in your system's drinking water. For more information about lead in drinking water, please contact EPA's Safe Drinking Water Hotline at 1-800-426-4791. If you have other questions about lead poisoning prevention, call 1-800 424-LEAD.* Call your local health department or water company to find out about testing your water, or visit epa.gov/safewater for EPA's lead in drinking water information. Some states or utilities offer programs to pay for water testing for residents. Contact your state or local water company to learn more. * Hearing- or speech -challenged individuals may access this number through TTY 13 by calling the Federal Relay Service at 1-800-877-8339. Doc ID: 13ec5d0e7c1cdOc8c8a7842d973bd0468fc2a27e Other Sources of Lead, continued • Lead smelters or other industries that release lead into the air. • Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. • Old toys and furniture may have been painted with lead -containing paint. Older toys and other children's products may have parts that contain lead 4 • Food and liquids cooked or stored in lead crystal or lead -glazed pottery or porcelain may contain lead. • Folk remedies, such as "greta" and "azarcon," used to treat an upset stomach. In 1978, the federal government banned toys, other children's products, and furniture with lead -containing paint. In 2008, the federal government banned lead in most children's products. The federal government currently bans lead in excess of 100 ppm by weight in most children's products. g Doc ID: 13ec5d0e7c1cdOc8c8a7842d973bd0468fc2a27e 15 For More Information The National Lead Information Center Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/safewater and hud.gov/lead, or call 1-800-424-LEAD (5323). EPXs Safe Drinking Water Hotline For information about lead in drinking water, call 1-800-426-4791, or visit epa.gov/lead for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hotline For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product -related injury, call 1-800-638-2772, or visit CPSC's website at cpsc.gov or safe rp rod u cts.gov. State and Local Health and Environmental Agencies Some states, tribes, and cities have their own rules related to lead - based paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/safewater, or contact the National Lead Information Center at 1-800-424-LEAD. Hearing- or speech -challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll - free Federal Relay Service at 1-800-877-8339. Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e U. S. Environmental Protection Agency (EPA) Regional Offices The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 1 (Connecticut, Massachusetts, Maine, Region 6 (Arkansas, Louisiana, New Mexico, New Hampshire, Rhode Island, Vermont) Oklahoma, Texas, and 66Tribes) Regional Lead Contact U.S. EPA Region 1 5 Post Office Square, Suite 100, OES 05-4 Boston, MA 02109-3912 (888) 372-7341 Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Regional Lead Contact U.S. EPA Region 2 2890 Woodbridge Avenue Building 205, Mail Stop 225 Edison, NJ 08837-3679 (732) 906-6809 Region 3 (Delaware, Maryland, Pennsylvania, Virginia, DC, West Virginia) Regional Lead Contact U.S. EPA Region 3 1650 Arch Street Philadelphia, PA 19103 (215) 814-2088 Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 AFC Tower, 12th Floor, Air, Pesticides &Toxics 61 Forsyth Street, SW Atlanta, GA 30303 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (LL-17J) 77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 353-3808 Regional Lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 (214) 665-2704 Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region 7 11201 Renner Blvd. Lenexa, KS 66219 (800) 223-0425 Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region 8 1595 Wynkoop St. Denver, CO 80202 (303) 312-6966 Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. EPA Region 9 (CMD-4-2) 75 Hawthorne Street San Francisco, CA 94105 (415) 947-4280 Region 10 (Alaska, Idaho, Oregon, Washington) Regional Lead Contact U.S. EPA Region 10 (20-004) Air and Toxics Enforcement Section 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 (206) 553-1200 In Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Consumer Product Safety Commission (CPSC) The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations. CPSC 4330 East West Highway Bethesda, MD 20814-4421 1-800-638-2772 cpsc.gov or saferproducts.gov U. S. Department of Housing and Urban Development (HUD) HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Office of Lead Hazard Control and Healthy Homes for further information regarding the Lead Safe Housing Rule, which protects families in pre-1978 assisted housing, and for the lead hazard control and research grant programs. HUD 451 Seventh Street, SW, Room 8236 Washington, DC 20410-3000 (202) 402-7698 hud.gov/lead This document is in the public domain. It may be produced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U. S. EPA Washington DC 20460 U. S. CPSC Bethesda MD 20814 U. S. HUD Washington DC 20410 17 EPA-747-K-12-001 January 2020 Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e IMPORTANT! Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly • Children under 6 years old are most at risk for lead poisoning in your home. • Lead exposure can harm young children and babies even before they are born. • Homes, schools, and child care facilities built before 1978 are likely to contain lead -based paint. • Even children who seem healthy may have dangerous levels of lead in their bodies. • Disturbing surfaces with lead -based paint or removing lead -based paint improperly can increase the danger to your family. • People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. • People have many options for reducing lead hazards. Generally, lead -based paint that is in good condition is not a hazard (see page 10). Doc ID: 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e X Dropbox Sign Audit trail Title Lease Agreement 3300 Ryan Ave Sias Bass - 10/01/2024 File name lease_agreement-526384.pdf Document ID 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Audit trail date format MM / DID / YYYY Status Signed This document was requested on rental.turbotenant.com and signed on renter.turbotenant.com Document History SENT °0 VIEWED SIGNED VIEWED SIGNED 09 / 27 / 2024 Sent for signature to MMXXIV LLC (sean@carpevende.com), 16:34:53 UTC Yolanda Sias (yolandasias9@gmail.com), Keith Bass (keithbass483@gmail.com) and Isaiha bass (zaiihitemup@gmail.com) from sean@carpevende.com IP: 172.56.22.6 09 / 27 / 2024 Viewed by Isaiha bass (zaiihitemup@gmail.com) 18:51:23 UTC IP: 108.71.181.15 09 / 27 / 2024 Signed by Isaiha bass (zaiihitemup@gmail.com) 18:52:50 UTC IP: 108.71.181.15 09 / 27 / 2024 Viewed by Yolanda Sias (yolandasias9@gmail.com) 19:06:01 UTC IP: 108.71.181.15 09 / 27 / 2024 Signed by Yolanda Sias (yolandasias9@gmail.com) 19:19:39 UTC IP: 108.71.181.15 09 / 27 / 2024 Viewed by Keith Bass (keithbass483@gmail.com) 19:29:02 UTC IP: 108.71.181.15 Powered by M Dropbox Sign X Dropbox Sign Audit trail Title Lease Agreement 3300 Ryan Ave Sias Bass - 10/01/2024 File name lease_agreement-526384.pdf Document ID 13ec5dOe7c1cdOc8c8a7842d973bdO468fc2a27e Audit trail date format MM / DD / YYYY Status Signed This document was requested on rental.turbotenant.com and signed on renter.turbotenant.com 0 D%yDj�nt History 09 / 27 / 2024 Signed by Keith Bass (keithbass483@gmail.com) SIGNED 19:31:52 UTC IP: 108.71.181.15 0 09 / 27 / 2024 Viewed by MMXXIV LLC (sean@carpevende.com) VIEWED 19:46:14 UTC IP: 172.56.22.6 09 / 27 / 2024 Signed by MMXXIV LLC (sean@carpevende.com) SIGNED 19:46:43 UTC IP: 172.56.22.6 0✓ 09 / 27 / 2024 The document has been completed. COMPLETED 19:46:43 UTC Powered by N Dropbox Sign M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORM Create New From This M&C DATE: 6/25/2024 REFERENCE NO.: M&C 24-0552 LOG NAME: 192024-2025 ACTION PLAN CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 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 2024-2025 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 $13,036,747.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs; 2. Approve the City's 2024-2025 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 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; 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' 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; 5. 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 2024-2025 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; 6. 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; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of $7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and $2,651,960.00 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 8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated total of $341,260.45. http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 2 of 6 DISCUSSION: The City's 2024-2025 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2024 and ending September 30, 2025 for use of federal grant funds totaling $13,036,747.00 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 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, 2024. All proposals were received on March 15, 2024. 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 10, 2024, 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 8, 2024. A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star -Telegram on May 13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the Weatherford Democrat on May 18, 2024. 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 May 29, 2024, and the second public hearing is scheduled for the City Council on June 25, 2024. A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be submitted to HUD by August 15, 2024. Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, 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. This amount is calculated based on the estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00. This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as follows: Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, and accessibility modifications for seniors and persons with disabilities Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation Program Delivery - $980,000.00: Includes program delivery costs for housing programs Administration - $1,401,375.00: 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 3 of 6 For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as follows: Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organizations (CHDOs) for affordable housing projects - $414,471.60: These funds will be used by Housing Channel for an affordable housing development in southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new construction of 248 residential units comprised of the following: 125 Single Family attached townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units (approximately 42\%) will be sold to low to moderate income households at or below 80\% Area Median Income (AMI). This funding is part of a multi -year commitment to Housing Channel for a total of five years. Major Projects - $2,000,000.00: Includes $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 $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $276,314.40: 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 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,626,781.00 Neighborhood Services Department - $945,620.00 Administration - $79,559.00 EMERGENCY SOLUTIONS GRANT For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be allocated as follows: Public Service Agencies - $568,660.00 Administration - $46,108.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN I PROGRAM AMOUNT GOAL Housing Channel Affordable Housing (Housing Counseling & $111,000.00 Education Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00 Tarrant County Increasing Access to Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00 Adults AB Christian Learning Center Children and Youth Out of School Time $90,000.00 Services Program IJ $80,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 4 of 6 Boys & Girls Clubs of Greater Children and Youth IYouth Development at Tarrant County, Inc. Services JEastside Branch Camp Fire First Texas Children and YouthServices Teens In Action $78,300.00 Girls Incorporated of Tarrant Children and Youth Girls Inc. of Tarrant $100,000.00 County Services County Junior Achievement of the Children and Youth Cradle to Career $50,000.00 Chisholm Trail, Inc. Services Initiative United Community Centers, Children and Youth Holistic Educational $90,000.00 Inc. Services Literacy Program Easter Seals North Texas, Inc. Economic Empowerment and Financial Resilience Employment Services $60,000.00 Taste Project Economic Empowerment Culinary Workforce $25,000.00 and Financial Resilience Development Program The Ladder Alliance Economic Empowerment Tarrant County Workforce $81,731.00 and Financial Resilience Development The Women's Center of Tarrant Economic Empowerment (Employment Solutions $60,000.00 County, Inc. and Financial Resilience Your Harvest House, Inc. Economic Empowerment and Financial Resilience Client Aid Services $25,000.00 Healthy Living and Increasing Health Cancer Care Services Wellness Equity by Decreasing $50,000.00 Health Disparities Tarrant Area Food Bank Healthy Living and Wellness Home Delivery $25,000.00 1CDBG Public Services Agencies Total 11$1,051,031.001 Rehabilitation, Education and Accessibility Advocacy for Citizens with Improvements Project Ramp $165,000.00 Handicaps dba REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up $455,000.00 Habitat for Humanity 1CDBG Subrecipient Agencies Total 11 $620,000.001 TOTAL CDBG CONTRACTS 11$1,671,031.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY CONSOLIDATED PLAN GOAL AIDS Outreach Homelessness Prevention Center, Inc. and Special Needs Support PROGRAM The Housing Assistance Program - Administration, Tenant - Based Rental Assistance (TBRA), Short -Term Rent, Mortgage, and Utility Assistance AMOUNT $326,781.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 5 of 6 Tarrant County Samaritan Housing, Inc. Homelessness Prevention and Special Needs Support TOTAL HOPWA CONTRACTS Emergency Solutions Grants Contracts (STRMU), Supportive Services HOPWA Program - Administration, Tenant - Based Rental Assistance (TBRA), Short -Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services, Facility -Based Operations (FBO) TABLE 3: ESG AGENCIES AGENCY CONSOLIDATED PLAN PROGAM GOAL The Presbyterian Night Homelessness Prevention and Shelter Shelter of Tarrant County, Special Needs Support Operations/Services Inc. Lighthouse for the Homelessness Prevention and Day Shelter Homeless dba True Worth Special Needs Support Operations/Services Place SafeHaven of Tarrant Homelessness Prevention and Shelter County Special Needs Support Operations/Services Center for Transforming Homelessness Prevention and Rapid Re -Housing Lives Special Needs Support The Salvation Army Homelessness Prevention and Homelessness Special Needs Support Prevention TOTAL ESG CONTRACTS All figures have been rounded to the nearest dollar for presentation purposes. $1,300,000.00 $1,626,781.001 AMOUNT $127,345.00 $138,851.00 $75,000.00 $75,901.00 ��$151,563.00� II$568,660.001 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 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. These programs are available in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 6 of 6 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. These are reimbursement grants. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) FROM Fund I Department Account Project Program Activity Budget I Reference # Amount ID ID I Year (Chartfield 2) Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Fernando Costa (6122) Kacey Bess (8187) Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal) 2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal) Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal) IR 2024-2025 ACTION PLAN.docx (CFW Internal) ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024