HomeMy WebLinkAboutContract 53235-R5A5CSC No. 53235-R5A5
RENEWAL FIVE AND AMENDMENT FIVE
TO CITY OF FORT WORTH CONTRACT NO. 53235
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth ("City"), and HEMPHILL SAMARITAN, L.P.("Landlord"), each individually referred to
as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the City entered into an agreement with the Landlord for rental assistance for
a named tenant, City Secretary Office (CSO) Contract No. 53235 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program;
WHEREAS, the Parties most recently renewed the Agreement for its Fourth Renewal
Term beginning November 1, 2023 and ending October 31, 2024; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year -term beginning
November 1, 2024 and expiring October 31, 2025 ("Fifth Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
Section 3.2.1 is hereby amended to update the rental obligations due under the
Agreement as follows, and shall be binding and enforceable as if originally included therein.
Fifth Renewal Term:
• The City has been notified that the Tenant's Total Rent during the Fifth Renewal Term is
$1,150.00 per month for the Unit.
• Tenant shall be responsible for $304.00 of rent per month.
• City shall be responsible for $846.00 of rent per month.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A.
OFFICIAL RECORD
CSC No. 53235- Renewal Five and Amendment Five CITY SECRETARY Page 1 of 4
CoFW and Hemphill Samaritan, L.P. FT. WORTH, TX
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 53235- Renewal Five and Amendment Five Page 2 of 4
CoFW and Hemphill Samaritan, L.P.
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
November 1, 2024
FOR CITY OF FORT WORTH:
op��
Name: Jesica McEachern
Title: Assistant City Manager
Date: Nov 13, 2024
APPROVAL RECOMMENDED
K"
Name: Kacey Bess
Title: Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
Name: Jessika Williams
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
CJ�uie-e- C�R,Nzza�
Name: Cyndee Garza
Title: Sr. Human Services Specialist
FOR LANDLORD:
Deborah washingfoh
Deborah Washington (Nov 1, 2024 14"n CDT)
Name: Deborah Washington
Title: Property Manager
Date: N ov l 9 2024
ATTEST:
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Name: Jannette Goodall
Title: City Secretary
Date: Nov 13, 2024
M&C No.: 24-0552
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 53235- Renewal Five and Amendment Five Page 3 of 4
CoFW and Hemphill Samaritan, L.P.
Attachment A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant's Portion
Initial Term
First Renewal
Second Renewal
Third Renewal
Fourth Renewal
Fifth Renewal
$1,338
$1,338
$1,405
$992
Downsized in unit
$1,022
$1,150
$249
$257
$273
$122
$136
$304
City's Portion
$1,089
$1,081
$1,132
$870
CSC No. 53235- Renewal Five and Amendment Five Page 4 of 4
CoFW and Hemphill Samaritan, L.P.
Docusign Envelope ID: A402C597-8C70-403C-ADD9-2614lC36DD48
10 w I This Lease is valid onlyif filled out before January 1, 20;
.A
TE.X:15A'IAON Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terns "you" and "your" refer to all residents.
The terms "we," "us," and "our" refer to the owner listed below.
PARTIES
Residents Denesia Hemphill Samaritan LP
Occupants
LEASE DETAILS
A. Apartment (Par. 2)
Street
Initial Lease Term. Begins: 11/01/2024 Ends at 11:59 p.m. on: 10/31/2025
C. Monthly Base Rent (Par.3)
E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
$ 1150.00
$ Aminimumof 30 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amount does not
D. Prorated Rent
include any Animal Deposit, which Ifthe number ofdays isn't filled in, notice ofat least 30 days
would be reflected in an Animal is required.
$
Addendum.
® due for the remainder ofIst
month or
❑ for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee
Daily Late Fee
❑ %of one month's monthly
base rent or ❑ %of one month's monthly base rent for days or
® $ 35. 00
❑ $ 0.00 for _ days
Due if rent unpaid by 11:59 p.m. on the
5th Ord or greater) day of the month
H. Returned Checkor Rejected
J. Early Termination Fee Option (Par.7.2) K. Violation Charges
Payment Fee (Par. 3.4)
$
$ 35.00
Notice of days is required. Animal Violation (Par.12.2)
Initial charge of$ 100.00 per animal (not
You are not eligible for early termination if to exceed $100 per animal) and
1.Relettln Charge
9 9
you are in default.
Adailychargeof$ 10.00 per animal
A reletting charge of $ 977 -50
Fee must be paid no later thandays after you give us notice (not to exceed $10 per day per animal)
fnottoexceed85%ofthehighest
monthly Rent during the Lease term)
Ifanyvalues ornumberofdaysare blank or"o; Insurance Violation (Master Lease Addendum
may be charged in certain default
then this section does not apply, or other se arateaddendum)
P
situations
$
L. Additional Rent -Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 0.00 Cable/satellite $ Internet $
Package service $ Pest control $ Stormwater/drainage $
Trash service $ Washer/Dryer $
Other: $
Other: $
Other. $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ (not to exceed $50) to be paid within 5 days ofwritten notice (Par.3.5)
N.Other Charges and Requirements. You will pay separately for these items or comply with these requirements asoutlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $
Special Provisions. See Par.32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 1 of 6
Docusign Envelope ID: A4O2C597-8C7O-4O3C-ADD9-2614lC36DD48
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1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in 'Residents' above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means "including but not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes mayvary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRent onorbefore the tstdayofeach
month (due date) without demand. There are no exceptions
regarding the paymentofRent, andyou agree notpaying Rent an
or before the ist of each month is a material breach of this Lease.
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any ofyour unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. Ifwe don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term if the
change applies to all residents.
Ifyour electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut offor
switched for any reason —including disconnection for not
paying your bills —until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date.lfyou delay getting service turned on in your name
by this Lease's start date or cause itto be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you.
If your apartment is individually metered and you change
your retail electric provider,you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par.32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1. If the number of days isn't filled in, no-
tice of at least 3o days is required.
Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aive us vour advance
notice of move out as arovided by Par. 25 and forwarding
address in writing to receive a written description and
itemized list of charges or refund. In accordance with this
Lease and as allowed by law, we may deduct from your
security deposit any amounts due under this Lease. if you
move outear(yarinresponse toanotice tovacate. itou'llbe
liable for rekevina charges. Upon receipt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment oryour personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renters insurance policies don't cover losses due to a flood.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85%ofthe highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
orfail to give written move -out notice as required in Par. 25;
(8) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are judicia Ily evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for our time, effort, and expense in
finding and processing a replacement resident.These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to in 7.3 or 8.1 below, if this
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
the following occur. (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term.lfyou are in
default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave the right under
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death of a sole resident.
8. Delay of Occupancy. We are not responsible for any delay ofyour
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. Ifwe give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 2 of 6
Docusign Envelope ID: A4O2C597-8C7O-4O3C-ADD9-2614lC36DD48
9. Care of Unit and Damages. You must promptly pay or reimburse us
(c) disturbing or threatening the rights, comfort, health, safety,
for loss,damage, consequential damages, government fines orcharg-
or convenience of others, including us, our agents, or our
es, or cost of repairs or service in the apartment community because
representatives;
of a Lease violation; improper use, negligence, or other conduct by
(d) disrupting our business operations;
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
(e) storing anything in closets containing water heaters or
damages by acts of God to the extent they couldn't be mitigated by
gas appliances;
your action or inaction.
(f) tampering with utilities or telecommunication
Unless damage or wastewater stoppage is due to our negligence,
equipment;
we're not liable fo►—andyoumustpayfor—repairsandreplace-
(g) bringing hazardous materials into the apartment
ments occurring during the Lease term orrenewal period, Includ-
community;
ing: (A) damage from wastewater stoppages caused by improper
objects in tin es exclusively serving your apartmenh(8)dam age to
(h) using windows for entry or exit;
doors, windows, orscreens, and(C) damage from windows or doors
(i) heating the apartment with gas -operated appliances;
leftopen.
,,, Y
Q) making bad -faith or false allegations against us or our
agents to others;
10. Community Policies. Community Policies become part ofthis
(k) smoking of any kind, that is not in accordance with this
Lease and must be followed. We may make changes, including addi-
Lease;
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
(1) using glass containers in or near pools; or
and applicable to all units in the apartment community and do not
(m) conducting any kind of business (including child-care
change the dollar amounts owed under this Lease.
services) in your apartment or in the apartment
10.1. Photo/Video Release. You give us permission to use any
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
photograph, likeness, image or video taken of you while
customers, clients, patients, employees or other
you are using property common areas or participating in
any event sponsored by us.
business associates do not come to your apartment
for business purposes.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
12. Animals. No living creatures ofany kind are allowed, even tempo -
to this Lease for law -enforcement, governmental, or business
rarily,anywhere lnthe apartment orapartment community un-
purposes. At our request, you authorize any utility provider to
less we've given written permission. Ifwe allow an animal, you must
give us information about pending or actual connections or
sign a separate Animal Addendum and, except as set forth in the ad -
disconnections of utility service to your apartment.
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
10.3. Guests. We may exclude from the apartment community
al security deposit. You represent that any requests, statements and
any guests or others who, in our sole judgment, have been
representations you make, including those for an assistance or sup -
violating the law, violating this Lease or our Community
port animal, are true, accurate and made in good faith. Feeding stray,
Policies, or disturbing other residents, neighbors, visitors,
feral or wild animals is a breach of this Lease.
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
12.1. Removal of Unauthorized Animal. We may remove an
photo identification or refuses to identify himself or
unauthorized animal by (1) leaving, in a conspicuous
herself as a resident, an authorized occupant, or a guest of
place in the apartment, a written notice of our intent to
a specific resident in the community.
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
Anyone not listed in this Lease cannot stay in the
turn the animal over to a humane society, local authority
apartment for more than 4 days in one week
or rescue organization; or return the animal to you if
without our prior written consent, and no more than twice
we consent to your request to keep the animal and you
that many days in any one month. If the previous space
have completed and signed an Animal Addendum and
isn't filled in, 2 days total per weekwill be the limit.
paid all fees. When keeping or kenneling an animal, we
10.4. Notice of Convictions and Registration. You must
won't be liable for loss, harm, sickness, or death of the
notify us within 15 days ifyou or any ofyour occupants:
animal unless due to our negligence. You must pay for
(A) are convicted of any felony, (B) are convicted of any
the animal's reasonable care and kenneling charges.
misdemeanor involving a controlled substance, violence to
12.2. Violations of Animal Policies and Charges. If you or
another person, or destruction of property, or (C) register as a
any guest or occupant violates the animal restrictions of
sex offender. Informing us of a criminal conviction or
this Lease or our Community Policies, you'll be subject to
sex -offender registration doesn't waive any rights we may
charges, damages, eviction, and other remedies
have against you.
provided in this Lease, including animal violation charges
10.5. Odors, Noise and Construction. You agree that odors
listed in Lease Details from the date the animal was
and smells (including those related to cooking),
brought into your apartment until it is removed. Kan
everyday noises or sounds related to repair, renovation,
animal has been in the apartment at any time during
improvement, or construction in or around the property
your term of occupancy (with or without our consent),
are all a normal part of a multifamily living environment and
we'll charge you for all cleaning and repair costs,
that it is impractical for us to prevent them from penetrating
including defleaing, deodorizing, and shampooing. Initial
your apartment.
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
11. Conduct. You agree to communicate and conduct yourself in a law-
inconvenience, and overhead in enforcing animal
ful, courteous and reasonable manner at all times when interacting
restrictions and Community Policies.
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
13. Parking. You may not be guaranteed parking. We may regulate the
conduct by you, your occupants or guests is a breach of this Lease.
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
You must use customary diligence in maintaining the apartment,
this Lease. In addition to other rights we have to tow or boot vehicles
keeping it in a sanitary condition and not damaging or littering the
under state law, we also have the right to remove, at the expense of
common areas. Trash must be disposed of at least weekly. You will
the vehicle owner or operator, any vehicle that is not in compliance
use your apartment and all other areas, including any balconies, with
with this Lease.
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
14. When We May Enter. Ifyou or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
11.1. Prohibited Conduct. You, your occupants, and your guests
government representatives, lenders, appraisers, prospective resi-
will not engage in certain prohibited conduct, including the
dents or buyers, insurance agents, persons authorized to enter under
following activities:
your rental application, or our representatives may peacefully enter
(a) criminal conduct; manufacturing, delivering, or
the apartment at reasonable times for reasonable business purposes.
possessing a controlled substance or drug parapher-
If nobody is in the apartment, then any such person may enter peace-
nalia; engaging in or threatening violence; possessing
fully and at reasonable times (by breaking a window or other means
a weapon prohibited by state law; discharging a firearm
when necessary) for reasonable business purposes ifwritten notice of
in the apartment community; or, except when
the entry is left in a conspicuous place in the apartment immediately
allowed by law, displaying or possessing a gun, knife,
after the entry. We are under no obligation to enter only when you
or other weapon in the common area, or in a way that
are present, and we may, but are not obligated to, give prior notice or
may alarm others;
make appointments.
(b) behaving in aloud, obnoxious or dangerous manner;
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15. Requests, Repairs and Ma,._ .bons.
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must be written and delivered to our designated
representative in accordance with this Lease (except for
fair -housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method andmeans ofperforming maintenance
and repairs, including whether or which vendors to use,
are within oursole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. 'Reasonable time'
accounts for the severity and nature ofthe problem and
the reasonable availability of materials, labor, and
utilities. If we fail to timely repair a condition that
materially affects the physical health or safety of an
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. 1 f you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
under 92.056(f), (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair orremedy according to IF 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. Iftermination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose of your personal property if, in
our sole judgment, it causes a health or safety hazard or impedes our
ability to make repairs.
Texas Property Code. .92.151, 92.153, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a window latch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door, (C) a pin lock on each sliding
door, (D) either a door -handle latch or a security bar on each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. The►ekeying will be done either before you move in or
within 7 days after you move in, as required by law. If we fail to in-
stall orrekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over55 or disabled, and (B) the require-
ments of Texas Property Code sec. 92.153(e) or(/) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. If you damage or disable the
smoke alarm or remove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 92.2671 for $100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable ifyou fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. ResidentSafety andLoss.Unless otherwise required bytow,,none
of us, our employees, agents, or management companies are liable
to you, your guests or occupants for any damage, personal injury,
loss to person al property, or loss of business orperson a/ income,
from any cause, including but not limited to: negligent or intention-
al acts of residents, occupants, or guests; theft, burglary, assault,
vandalism or other crimes; fire, Rood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, injury or loss is
caused exclusively by our negligence.
We do not warrant security of any kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
16.1. Property Closure. We also have the right to terminate 20.1.
this Lease and your right to possession by giving you at
least 30 days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website orwith any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll nav for missing security de-
vices that are required by law. You'll pay for. (Al rekevina that
you request (unless we failed to rekev after the previous resi-
dent moved outl: and (BI repairs or replacements because of
misuse or damage by you or your family. your occupants, or your
_quests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
20.2.
As -Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion of the form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls and in
grooves of wood -paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other cloor-
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bells, or lock changc-,..dditions, or rekeying is permitted
unless required by law or we've consented in writing. You may
install a satellite dish or antenna, but only ifyou sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
22. Liability. Each resident isjointty and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification by You. You91 defend indemnifyand hold us
and our employees, agents, and management company
harmless from all liability arising from yourconduct or
requests to ourrepresentatives and from the conduct of or
requests by your invitees, occupants or guests.
23. Default by Resident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. Ifyou default, including holding over, we may
end your right of occupancy by giving you at least a 24-
hourwritten notice to vacate. Termination ofyour possession
rights doesn't release you from liability forfuture Rent or
other Lease obligations. Aftergiving notice to vacate or
filing an eviction suit, we maystill accept Rent or other
sums due; the filing or acceptance doesn't waive or
diminish our right of eviction or any other contractual or
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or futu re Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest ofthe Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated ifyou'rejudicially evicted or move
out when we demand because you've defaulted.
If you don't pay -a first month's Rent when or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term ofthe previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. Ifyou default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorneys fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added ifyou don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease or any part of it
unless in writing and signed, andno authorityto make promises, rep-
resentations, a►agreements that impose security duties orother ob-
ligations on us or ourrepresentatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce or delay enforcement of written -no-
tice requirements, rental due dates, acceleration, liens, or any other
rights isn'ta waiver under anycircumstances. Delay in demanding
sums you owe is not a waiver. Exceptwhen notice ordemand is required
by law, you waive any notice and demand for performance from us ifyou
default Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owners lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move -Out Notice. Before moving out, you must give ourrepresen-
tative advance written move -out notice as stated in Par. 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each ofthe following:
(a) Unless we require more than 30 days'notice, ifyou give
notice on the first day of the month you intend to move
out, move out will be on the last day of that month.
(b) Your move -out notice must not terminate this Lease
before the end of the Lease term or renewal period.
(c) Ifwe require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 of 6
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normal wear (that, r or soiling that occurs without
negligence, careless —is, accident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide ajoint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent fors
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
°�ra;ti°��,►:� �i�:y;�i�,;l,c�a',II:�:r; �,�ijx:�:��r)r:)°�—� ��r;
20. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur: (1) this Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. if any provision of this Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.1, 10.2,16,22.1,27,30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive yourright to bring,
represent,join or otherwise maintain a class action,
collective action orsimilar proceeding against us in
any forum.
YOU UNDER 3 THAT. WITHOUTTHIS WAIVER. YOU
COULD BE A P.+nrY IN A CLASS ACTION LAWSUrf. BY
SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OFTHIS PARAGRAPH SHALL SURVIVE
THETERMINATION OR EXPIRATION OF THIS LEASE.
Force Majeure. If we are prevented from completing substan-
tial performance of any obligation underthis Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance ofobligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions in this Lease.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying an any
oral representations.
Resident or Residents (all sign below)
(Name of Resident)
Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
DocuSigned by:
Ou1i+cOterae(t s Afepjs161itaiAglalclg on behalf of owner)
57F2255F61D54DC... -44
Apartment Lease Contract, TAA Official Statewide Forth 23-A/B-1/B-2 Revised October 2023 Page 6 of 6
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P: ' Wa Lease Contract Addendum for U( ,
■ '% Participating in Government Regulated
II'VAS AWIR "''\.I. ``SS` CI `1 Affordable Housing Programs
Addendum. This is an addendum to the Lease Contract
("Lease") executed by you, the resident(s), on the dwelling
you have agreed to rent. That dwelling is:
Apt. # at
Samaritan LP
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Participation in Government Program. We, as the owner of
the dwelling you are renting, are participating in a government
regulated affordable housing program.This program requires
both you and us to verify certain information and to agree to
certain provisions contained in this addendum.
3. Accurate Information in Application. By signing this adden-
dum, you are certifying that the information provided in the
Rental Application or any Supplemental Rental Application
regarding your household annual income is true and accurate.
4. Request(s) for Information. By signing this addendum, you
agreethatthe annual income and other eligibility requirements
for participation in this government regulated affordable
housing program are substantial and material obligations
under the Lease. Within seven days after our request, you
agree to comply with our requests for information regard-
ing annual income and eligibility, including requests by the
owner and the appropriate government monitoring agency.
These requests to you may be made to you now and anytime
during the Lease term or renewal period.
5. Failure to Answer or Inaccurate Information May Be Good
Cause GrouncisforEviction. lfyou refuse to answer ordo not
provide accurate information in response to the requests in
Par. 4 above, it may be considered a substantial violation of
the Lease and good cause grounds forterminating and/or not
renewing yourLease andforan eviction. It makes nodifference
whether the inaccuracy ofthe information you furnished was
intentional or unintentional.
6. Termination or Non -Renewal of Lease for Housing Tax
Credit (HTC), HOME Program, NHTF Program and Prop-
erties Owned by Public Facility Corporations. Provisions
in Par. 6-6.5 of this Addendum shall apply only to residents
living in a dwelling covered by the HTC, NHTF and HOME
programs or properties owned by a PFC under Texas Local
Government Code. Par. 6-6.5 of this Addendum also override
any contrary provisions contained in the Lease. We will not
evict a resident solely on the basis that the resident is or has
been a victim ofdomestic violence, sexual assault or stalking,
or has participated, testified or assisted in any matter covered
by the V olence Against Women Act 2022.
6.1 Housing Tax Credit Program. For rental properties par-
ticipating in the HTC program, IRS Revenue Ruling 2004-82
provides that a property owner may not evict a resident
or terminate a tenancy except for good cause. In addition,
for HTC units, we must provide the notice required under
the Lease if evicting during the lease term or if terminat-
ing your residency at the end of an initial or renewal term.
In addition, for HTC units, we must provide written notice
specifying the grounds for eviction during the lease term
or if we terminate your residency at the end of the initial
or renewal term.
6.2 HOME Program. For rental properties participating in the
HOME program, federal regulation 24 CFR 92.253 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations of applicable federal, state or local law,
completion ofthe tenancy period forTransitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons other than good cause are prohibited.
In addition, for HOME program units, the property owner
must provide a resident with at least 30 days written notice
before either seeking an eviction or not renewing a Lease.
The written notice must specify the grounds for eviction
or nonrenewal of the Lease.
6.3 NHTF Program. For rental properties participating in the
NHTF program, federal regulation 24 CFR 93.303 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations of applicable federal, state or local law,
completion ofthe tenancy period for Transitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons otherthan good cause are prohibited.
In addition, for NHTF program units, the property owner
must provide a written notice that specifies the grounds
for eviction or nonrenewal of the Lease.
6.4 Properties Owned by PFCs. For PFC-owned properties, the
owner may only refuse to renew the lease if the resident:
(1) if in material noncompliance with the Lease, including
nonpayment of rent; (2) committed one or more substan-
tial violations of the Lease; (3) failed to provide required
information on income, composition, or eligibility of the
resident's household; or (4) committed repeated minor
violations ofthe Lease that disrupt the livability ofthe prop-
erty, adversely affect the health and safety of any person or
right of quiet enjoyment of the lease premises and related
development facilities, interfere with management of the
development or have an adverse financial effect on the
development, including failure ofthe resident to pay rent
in a timely manner. In addition, we must provide a resident
with at least 30 days written notice of nonrenewal of the
Lease. The owner may not retaliate or take action against
a resident or the resident's guests because the resident
established, attempted to establish or participated in a
resident organization.
6.5 Good Cause. If challenged by a resident, a court may deter-
mine if a property owner has good cause to evict, terminate
a tenancy or not renew the Lease. We must provide a 30-day
written notice before seeking an eviction for nonpayment of
rent IftheCARES Act is modified to eliminate the 30-day notice
requirement, HUD or Treasury requirements will supersede
this 30-day notice requirement for nonpayment of rent "Good
cause" may include, but is not limited to, nonpayment of rent,
failure to answer or provide accurate information, as required
by Par.4 and 5 of this Addendum, serious or repeated Lease
violations, or breaking the law.
No Lien or Lockout for Unpaid Sums. For rental proper-
ties that are supported by HTC allocations, sec. 2306.6738,
Texas Government Code, prohibits such property owners
from threatening orconducting alockout unless: allowed by
judicial process; necessaryto perform repairs orconstruction
work, orresponding town emergency. Personal propertyofa
residentmaynot be seizedor threatened to be seized except
by judicial process unless the premises has been abandoned
as required by 24 CFR 92,253.
TAA Official Statewide Form 234, Revised July, 2023
Copyright 2023,Texas Apartment Association, Inc
Docusign Envelope ID: A402C597-8C70-403C-ADD9-2614lC36DD48
B. Insurance. Insurance ist required but isstillstrongly recom-
mended. Though not required, we urge you to get your own
insurance for losses due to theft, fire, water, pipe leaks, and
similar occurrences.
9. Student Status.Bysigningthisaddendum,youagreetonotify
the owner, in writing, if there are any changes in the student
status of any residents (including replacement residents)
occupying the unit.
10. Conflict with Govr.ningLaw. Tothe extent that any part of
your Lease or this addendum conflicts with applicable federal,
state, or local laws or regulations, the law or regulation over-
rides that portion of your Lease or this addendum.
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
DocuSigned by:
Resident or Residents (all sign below) �erR s tative (sign below)
5e).
^yy�� T
of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
TAA Official Statewide Form 23-V, Revised July, 2023
Copyright 2023,Texas Apartment Association, Inc ..,,.._:
Docusign Envelope ID: A402C597-8C70-403C-ADD9-2614lC36DD48
COMMUNITY POLIL-ES ADDENDUM
1. Addendum. This is an addendum to the Lease between you and us for Apt. No. in the
Apartments in Fort Worth
Texas OR
the house, duplex, etc. located at (street address)
Texas.
2. Payments. All payments for any amounts due under the Lease must be made:
® at the onsite manager's office
❑ through our online portal
❑ by mail to or
❑ other:
The following payment methods are accepted:
❑ electronic payment
ZI personal check
M cashier's check
® money order, or
❑ other:
We have the right to reject any payment not made in compliance with this paragraph.
3. Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid
utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers,
scratches, tears, bums, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company
representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to
open the apartment when you or any guest or occupant is missing a key; unretumed keys; missing or bumed-out light bulbs; removing
or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm
charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by
you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters;
late -payment and retumed-check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys
and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent
if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred in rekeying security
devices required by law if you vacate the apartment in breach of this Lease.
Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by
❑ online portal
® email to
® hand delivery to our management office, or
® other: overniqht slot
From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing
this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you
provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call
list. To oot out of receivina these messaues. please submit a written request to us by the method noted above.
You auree to receive these messaaes from us throuah an automatic telephone dialing system. orerecordedlartificial voice
messaaes. SMS or text messaues. or anv other data or voice transmission technoloov. Your aareement is not required as a
condition of the ourchase of amr orooerty. goods. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's
expense at any time if the vehicle: (a) has a flat tire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or
staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated "no parking" area; (i) is in a space that requires a permit or
is reserved for another resident or apartment; Q) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or
(m) is not moved to allow parking lot maintenance.
Docusign Envelope ID: A402C597-8C70-403C-ADD9-2614lC36DD48
6. HVAC Operation. If ti exterior temperature drops below 32' F you must keep the hea, .,�i and set to a minimum of 50' F. You must
also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32° F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of any Amenities by you, your invitees, your licensees, your occupants, or your guests. This
release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities.
B. Package Services. We ® do or ❑ do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
9. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable
accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations
under applicable law.
10. Special Provisions. The following special provisions control over conflicting provisions of this form:
Rental Insurance is not required but highly encouraged. TCSH is not liable for damages to
your personal property. We will not provide alternate housing in case of an emergency
evacuation.
DocuSigned by::
t�r��st�a�nsn nr
Signature of Owner or Owner's Representative
Texas Apartment Association
Docusign Envelope ID: A402C597-8C70-403C-ADD9-2614lC36DD48
MAIl®ST I Bed Bug Addendum
'I'll X.\S: MICI MEN'l .ASSOUXI'ION
Please note. We want to maintain a high -quality living environment for you. It's important to work together to
minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility
and potential liability when it comes to bed bugs.
Addendum. This is an addendum between the Residents and
Owner as described in the Lease for the dwelling described below:
Apt.# at
LP
(name of apartments)
or other dwelling located at
(street address ofhouse, duplex, etc.)
(city)
(state) (zip).
2. Purpose. This addendum modifies the Lease Contract to address
any infestation of bed bugs (Cimex lectularius) that might be found
in the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed -bug infestation in the dwelling.
BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-
TATIONS. OR
• YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES-
TATION.
Access for Inspection and Pest Treatment. You must allow us
and our pest -control agents access to the dwelling at reasonable
times to inspect for or treat bed bugs. We can also inspect and treat
adjacent or neighboring dwellings to the infestation, even if those
dwellings are not the source or cause of the known infestation. Si-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and possessions
treated according to accepted treatment methods by a licensed
pest -control firm thatwe approve. You agree not to treat the dwell-
ing for a bed -bug infestation on your own.
Notification. You must promptly notify us:
of any known or suspected bed -bug infestation or presence
in the dwelling, or in any of your clothing, furniture, or per-
sonal property;
of any recurring or unexplained bites, stings, irritations, or
sores on the skin or body that you believe are caused by bed
bugs, or by any condition or pest you believe is in the dwell-
ing; AND
ifyou discover any condition or evidence that might indicate
the presence or infestation of bed bugs, or if you receive any
confirmation of bed -bug presence by a licensed pest -control
professional or other authoritative source.
6. Cooperation. Ifwe confirm the presence or infestation of bedbugs,
you must cooperate and coordinate with us and our pest -control
agents to treat and eliminate them. You must follow all directions
from us or our agents to clean and treat the dwelling and building
that are infested. If you don't cooperate with us, you will be in de-
fault and we will have the right to terminate your right of occupancy
and exercise all rights and remedies under the Lease.
7. Responsibilities. You may be required to pay all reasonable costs
of cleaning and pest -control treatments incurred by us to treat your
dwelling unit for bed bugs. Ifwe confirm the presence or infestation
of bed bugs after you move out, you may be responsible for the cost
of cleaning and pest control. If we have to move other residents in
order to treat adjoining or neighboring dwellings to your dwelling
unit, you may have to pay any lost rental income and other expens-
es we incur to relocate the neighboring residents and to clean and
perform pest -control treatments to eradicate infestations in other
dwellings. If you don't pay us for any costs you are liable for, you
will be in default and we will have the right to terminate your right
of occupancy and exercise all rights and remedies under the Lease,
and we may take immediate possession of the dwelling. If you don't
move out after your right of occupancy has been terminated, you
will be liable for holdover rent under the Lease.
8. Transfers. lfwe allow you to transfer to another dwelling in the com-
munity because of the presence of bed bugs, you must have your
personal property and possessions treated according to accepted
treatment methods or procedures established by a licensed pest -
control professional. You must provide proof of such cleaning and
treatment to our satisfaction.
This Addendum Is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below) Docubw"r Owner's Representative (sign below)
[IO + il) - �10/2/2024
(
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 23-11, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
Docusign Envelope ID: A402C597-8C70-403C-ADD9-26141C36DD48
For More Information-
.0— Lead Inferm —Curter
1<am how to protect chlkiren from lead pdwning antl get enter
Inlormatlon about lead M1arz,da on she Web at epa.9w/sa/iwater antl
hud.gov/I�ad. er tall 1-aalFa24JFAD (53131.
EPKk Safe DdnWn9 Water Hetana
Fer In/ermatlon about lead 1n drinking water, 1 a09436�]91, or
volt epa.9ev/lead Iw InW.abeus lead 1. In tldnking water.
Gomumar Produn safety Commbabn I<Psq Ib For Informailen on lead In p-d tWs end other consumer produce, or 11
rePorz an unsale consumer p,oduR or a product+elated Injury. call
�90d3a-3nL er Nik GPSC's webslae at <pscgov ar
safemroduc[;9w.
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Some sate; h— and chlea Mee theirown rules related m lead -
based paint Check whh your pl agency ro seew 1". laws apply
m yeu. Mon agendes can.., provide Informatlon on 6ndln9
a lead aWld 1, Rrm In your Brea. and en possible sources o1
6nanclal old /or reducing lead M1arard; Receive upap-0ate address
a,W pM1one Inlermaslon br yourstateorIocelco,u en Me webat
pe.g<^'/selewe[ec or camas the —0-1 Lead 1 Center ai
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Consumer Product Safety Commission (CPSC)
TheCPSC protects the public againsx unreasonable: dak of injury
from cons met producU Mrwgh education, safety ziandards
IMPORTANT!
activities, and enforcement. Contact CPSC forfun;her In/grmadon
Lead Frem Palnt,Durt,and SAhna d
regarding consumer producx safety and regulations.
Ar9urdY rNoma Cen Be DangerouaH
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4330 Easi West Hlghway
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arellkelym gain kadkaud paint
unhles and quality affordable homes for all. Omce of
Lead Hazard COmml all Heahhy Homes for Nnher Information
. Even Mlidmwlw seemhaldry may hew dangerous
regarding the Isad Safe Housing Rule, which protects famllles in
leech (kad in their bodks
-19]6 anisted housing, end for,he lead hazard con I and
research grant programs.
.Dh[ubl,gwr/ues whh kad-0ased paint or rtm 9
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451 Seventh Street 5W, Room 9136
Your family.
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0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785
0 EPA Region 6 Office (includes Texas)-214/665-2704 0 CPSC-8001638-2772 0 National Lead Information Center-800/424-5323
FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT
OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS
LEAD WARNING STATEMENT Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health haz-
ards if not managed properly. Lead exposure is especialty harmful to young children and pregnant women. Before renting pre-1978 housing, lessors
(owners) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (residents) must also receive
a federally approved pamphlet on lead poisoning prevention. (This addendum is a "pamphlet'within the meaning of federal regulations. The term in
the housing' below means either inside or outside the housing unit.)
LEAD-FREE HOUSING If the housing unit has been certified as "lead free' according to 24 CFR Section 35.82, the lead -based paint and lead -based
paint hazard regulations do not apply, and it is not necessary to provide this addendum, or a lead -based paint warning pamphlet and lead -based paint
disclosure statement, to the lessee (resident).
LESSOR'S DISCLOSURE
Presence of lead -based paint and/or lead -based paint hazards (checkonlyone box)
® Lessor (owner) has no knowledge of lead -based paint and/or lead -based paint hazards in the housing.
O Lessor (owner) knows that lead -based paint and/or lead -based paint hazards are present in the housing (explain).
Records and reports available to lessor (checkonly one box)
® Lessor (owner) has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing.
O Lessor (owner) has reports or records indicating the presence of some lead -based paint and/or lead -based paint hazards in the
housing, and has provided the lessees (residents) with all such records and reports that are available to lessor (list documents).
Agent's Statement If another person or entity is involved in leasing the dwelling as an agent of the lessor (i.e., as a management company, real estate
agent or locator service acting for the owner), such agent represents that (1) agent has informed the lessor of the lessor's obligations under 42 U.S.C.
4852(d); and (2) agent is aware of agent's responsibility to ensure that lessor complies with such disclosure laws. Such compliance may be through
lessor himself or herself, orthrough lessor's employees, officers or agents. Lessor's obligations include those in 24 CFR Sections 35.88 and 35.92 and 40
CFR Sections 745.107 and 745.113. Agent's obligations include those in 24 CFR Section 35.94 and 40 CFR Section 745.11 S.
Accuracy Certifications and Resident's Acknowledgment. Lessor and any agent named below certify that to the best oftheir knowledge the above
information and statements made or provided by them, respectively, are true and accurate -The person who signs for the LESSOR may be: (1) the owner
himself or herself, (2) an employee, officer or partner of the owner; or (3) a representative of the owner's management company, real estate agent or
locator service if such person is authorized to sign for the Iessor.The person who signs for the AGENT may be: (1) the agent himself or herself; or (2) an
employee, officer or partner of the agent if such person is authorized to sign for the agent The lessees (residents) signing below acknowledge that they
have received a copy of this TAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure
form and pamphlet information required by federal law regarding lead poisoning prevention.
Apartment name & unit number OR street address of dwelling
Fort Worth, TX 76104
Date signed Lessee (Resident) Date signed
Lessee (Resident) Date signed Lessee (Resident) Date signed
�4tadIlVkt1i*Uef*v(taritan LP Hemphill Samaritan LP
Pri9,ted,,f LESSOR (owner) of the dwelling Printed name of any AGENT of lessor, Le, management company, real
10/2/2024 estate agent or locator service involved in leasing the dwelling
�t]c��ctGat n;d nr
Signature of person signing on behalf of above LESSOR Date signed Signature of person signing on behalf of above AGENT, if any Date signed
You are entitled to receive a copy of thisAddendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 21-AA/BB/CC Q
PAGE 5 of 5 Copyright October, 2021,Texas Apartment Association, Inc
Docusign Envelope ID: A402C597-8C70-403C-ADD9-2614lC36DD48
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
• We O are or )/re not aware that the unit you are renting is located in a 100-year floodplain. If
neither box ij checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not
in a 100-year floodplain, the unit 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 unit is located in a flood hazard area. Most renter's 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.
• We O are on afe not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2), "flooding" means "a general or temporary
condition of a partial or complete inundation of a dwelling caused by. (A) the overflow of inland or
tidal waters; (8) the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river, stream, or drainage ditch; or (C) excessive rainfall."
Signatures of All Residents
Texas Apartment Association
i�n tur%of Owner or Owner's Representative
u Igoe y
FU
ttJa —4
10/2/2024
Date
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
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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
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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
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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.
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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)
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