HomeMy WebLinkAboutContract 57033-R3A3CSC No. 57033-R3A3
RENEWAL THREE AND AMENDMENT THREE
TO CITY OF FORT WORTH CONTRACT NO. 57033
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth ("City"), and COLUMBIA RENAISSANCE SQUARE I, L.P. ("Landlord"), each
individually referred to as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, on November 9, 2021, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 57033 (the
"Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental
assistance program; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year -term beginning
NOVEMBER 1, 2024 and ending OCTOBER 31, 2025 ("Third Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1. Section 3.1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
3.1 Security Den_ osit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 57033- Renewal Three and Amendment Three Page 1 of 6
CoFW and COLUMBIA RENAISSANCE SQUARE L L.P.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 of the Agreement is hereby deleted in its entirety. The
Section has been restructured to incorporate subsections 3.2.1 through 3.2.5
and will read as follows:
3.2 Rent and Amounts Payable by City
3.2.1 Rent.
Initial Term:
• The City has been notified that the Tenant's Total Rent during the Initial Term is $1,123.00
per month for the Unit.
• Tenant shall be responsible for $483.00 of rent per month.
• City shall be responsible for $640.00 of rent per month.
First Renewal Term:
• The City has been notified that the Tenant's Total Rent during the First Renewal Term is
$1,123.00 per month for the Unit.
• Tenant shall be responsible for $497.00 of rent per month.
• City shall be responsible for $626.00 of rent per month.
Second Renewal Term:
• The City has been notified that the Tenant's Total Rent during the Second Renewal Term
is $1,347.00 per month for the Unit.
• Tenant shall be responsible for $415.00 of rent per month.
• City shall be responsible for $932.00 of rent per month.
Third Renewal Term:
• The City has been notified that the Tenant's Total Rent during the Fourth Renewal Term
is $1,400.00 per month for the Unit.
• Tenant shall be responsible for $576.00 of rent per month.
• City shall be responsible for $824.00 of rent per month.
CSC No. 57033- Renewal Three and Amendment Three Page 2 of 6
CoFW and COLUMBIA RENAISSANCE SQUARE I. L.P.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant's
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole
obligation is limited to paying the City Portion of the Rent in accordance with this Agreement.
Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement
shall be subject to compliance with all of the provisions of the Agreement. The Landlord's
signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due. Payments
for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as
a result of the registration and initial set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. In the event that the lease is provided to the City after the payment
CSC No. 57033- Renewal Three and Amendment Three Page 3 of 6
CoFW and COLUMBIA RENAISSANCE SQUARE I. L.P.
date, then Landlord will not assess any late fee against Tenant or City for late payments by City
so long as payments are made within thirty (30) days of the day the lease is received by City. If
Landlord elects to receive payment by paper check, under no circumstances shall late fees be
assessed against Tenant or City for late payment by the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
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. 57033- Renewal Three and Amendment Three Page 4 of 6
CoFW and COLUMBIA RENAISSANCE SQUARE I. 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: Dec 18, 2024
APPROVAL RECOMMENDED
K"
Name: Kacey Bess
Title: Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
9¢¢a-1--^ W �
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.
�ya&t- �arzGti
Name: Cyndee Garza
Title: Sr. Human Services Specialist
FOR LANDLORD:
Kisha Bennett
Kisha Bennett (Dec 12, 202412:54 CST)
Name: Kisha Bennett
Title: Property Manager
Date: Dec 12, 2024
ATTEST:
a7 d
d°o
a~o .+o
Name: Jannette Goodall
Title: City Secretary
Dec 18, 2024
Date:
M&C No.: 24-0552
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 57033- Renewal Three and Amendment Three Page 5 of 6
CoFW and COLUMBIA RENAISSANCE SQUARE L L.P.
Attachment A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant's Portion
City's Portion
Initial Term $1,123 $483
$640
First Renewal $1,123 $497
$626
Second Renewal $1,347 $415
$932
Third Renewal $1,400 $576
$824
CSC No. 57033- Renewal Three and Amendment Three Page 6 of 6
CoFW and COLUMBIA RENAISSANCE SQUARE I. L.P.
This Lease is valid only if filled out beforeJanuory 1, 2026.
wk o
Tsxh-s AP.ART:.rr1N1' SS0C1KI'10N Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we;' "us,' and 'our" refer to the owner listed below.
PARTIES
Residents Owner Columbia Renaissance Square S LP
Occupants
LEASE DETAILS
a
A. Apartment (Par. 2)
B. initial Lease Term. Begin,- 11/01/2024 Ends at 11:59 p.m. on: 10/31/2025
y C. Monthly Base Rent (Par.3) E.Securiiy Deposit (Par. 5) F. Notice ofTermination or lntentto Move Out (Par.4)
3 $ 1400.00 $ 600.00 Aminimumof 60 days'writtennotice 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 whichffthe number ofdays isn't filled in, notice ofatleast 3odays
would be reflected in an Animal is required.
s S Addendum.
0 due for the remainder oflst
" month or
3 L-1 for 2nd month
3 G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
O % of one month's monthly base rent or ❑ %ofone month's monthly base rent for daysor i
®$ 75.00 ❑S 0.00 for days
s Due if rent unpaid by 11:59 p.m. on the 5th (3rd or greater) day of the month
H.Returned Check or Rejected J. Early Termination Fee Option (Par.7.2) K. Violation Charges 3
Payment Fee (Par. 3.4) $ 0.00 Animal Violation (Par. 12.2)
$ 35.00 Notice of 60 days is required.
Initial charge of$ 100.00 per animal (not
You are not eligible for early termination if to exceed $100 per animal) and
' 1.Relettin Charge you are in default. _
9 9 Adailychargeof$ 10.00 peranimal -
Arelettin charge Fee must be paid nolaterthan 5 (not to exceed $10 per day per animal)
9 9 days afteryou give us notice
(not to exceed85% ofthe highest Ifanyvafuesornumberofdaysare blankor'0,' Insurance Violation (Master Lease Addendum
monthly Rent during the Leoseterm) then this section does not apply. or other separate addendum)
may be charged in certain default
situations $
= i
L. Additional Rent -Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, -
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satellite $ Internet $
Paclageservice $ Pestcontrol $ 0.00 Stormwater/drainage $
Trashservice $ 0.00 Washer/Dryer $
Other_ S
Other: S
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 orTransfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par.3.5) _
N.Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: S
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 U.S.
Apartment Lease Contract CZ023, Texas Apartment Assodation, Inc. Page t of 6
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1. Definitions.Thefollowing 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 alsoautho-
rized to live in the apartment but who do not sign this Lease.
1.3. 'Owner"maybeidentifiedbyan assumed name and isthe
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, anyaddenda 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 foryour apartment and mailbox, and
other access devices including:Amenities and
Gate
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and saes may vary.
2.3. Representations. You agree that designations oraccredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRentanorbeforethe istdayofeach
month (due date) without demand. There areno exceptions
regarding the payment ofRent and you agree notpaying Rent on
orbefore the 1st ofeach month is a material breach ofthis Lease.
3.1. Payments. You will payyour 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 oroffsetRent 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.
3.2. Application of Payments. Payment ofeach sum due is an
independent covenant, which means payments are due
regardless ofour performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
33. late Fees. Ifwe don't receive your monthly base rent in full
when it's due you must pay latefees asoudined in Lease Details.
3.4. 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.
3.5. 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.
If your electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —including disconnection for not
paying your bills —until the Lease term or renewal period
ends. if a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date. If you delay getting service turned on in your name
by this Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utility should have been billed to you.
If your apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name after you move out
3.6. Lease Changes. Lease changes are only allowedduring the
Lease term or renewal period ifgovemed by Par. 10, spedfied
in Special Provisions in Par.32, or by a written addendum or
am endment signed by you and us. At orafterthe end ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of clays' advance notice contained
in Box Fon 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 yoursignature) unless you give us written move -out
notice under Par. 25, which applies only to the end ofthe current
Lease term or renewal period.
Apartment Lease contract 02023,TimasApartmentAssociadon, Inc
4. Automatic Lease Re newel and MoticeofTermination.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.Ifthenumber ofdaysisn't filled in, no-
tice afat least30 days is required.
S. Security Deposit The total security deposit for a11residentsisdue
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 aiveusvouradvapce
notice of move out as provided by Par. 25 and forwarding
address in writing to receive written description and
itemized list of cha(Q�s or refund. In accordance with this
Lease and as affowed bylaw, we may deduct from your
securitydepositanyamountsdue under this Lease. lf)ou
move outearivorin resaonseto a notice toyyacate, vou716e
liable forrekevinachoraes. 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 laterthan 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.
6. Insurance. Our insurance doesn't cover the loss ofor damage to
your personal 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 urgeyou to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occu rren c-
es. Most renter's insurance policies don't cover losses due to a flood.
7. 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%of the highest
monthly Rent during the Lease term) if you: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; IQ move out at our demand because
ofyour default or (D) are judicial ly 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 fo r future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part Dfour damages —for our time, effort and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —pa rticulady
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
yourtermination rights referred to in 73 or8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end ofthe Lease term ifalf of
the following occur: (a) as outlined in Lease Details, you give
us written notice ofearly termination, pay the EarlyTermina-
tion Option fee in full and specify the date by which you'll
move out (b) you are not in default at anytime and do not
hold over, and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default, the Lease remedies apply.
73. Special Termination Rights. Youmayhavetherightunder
Texas law to terminate this Lease earlyin certain situations
involving mllitarydeployment or transfer, family violence,
certain sexual offenses, stalking ordeath ofa saleresident
Delay of Occupancy. We are not responsible forany delay of your
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. lfwe give written notice to you ofa delay in
occupancy when orafterthis 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 readyforyou to
occupy on a specific date, you mayterminate this Lease within
7 days after receiving written notice.
After propertermination, you are entitled on" refund of
any deposit(s) and any Rent you paid.
Page 2 or6
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage orwastewaterstoppage sduetoournegligence,
we'renotliable for —and youmust payfor—repairs and replace-
mentsoccurring during the Lease term orrenewal period, indud-
ingr(A) damage from wastewaterstoppagescaused byimproper
objects inlines exclusivelyservingyourapartment; (8) damage to
doors, windows, or'screens; and (C) damage from windows ordoors
leftopen.
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10. Community Policies. CommunityPolicies become partofthis
Lease and must be followed We may make changes, including addi-
tions,to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. PhotoNideoRelease. You give uspermission touse any
photograph, likeness, image or video taken ofyou while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At oursole option, we may,
but are not obligated to, share and use information related
to this Leaseforlaw-enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our solejudgment have been
Violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, Visitors,
orowner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 2 days in one week
without our prior written consent, and no more than twice
that many days in any one month.lfthe previous space
isn't filled in, 2 days total per week will be the limit
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted ofanyfelony, (8) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender_ informing us ofa criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells Qncluding those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
yourapartment
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
With us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment
keeping it in a sanitary condition and not damaging or littering the
common areas.Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in orthreatening violence, possessing
a weapon prohibited by state law, discharging a firearm
in the apartment community; or, except when
allowed by law displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner,
(c) disturbing orthreatening the rights, comfor4 health, safety,
orconvenience ofothers, including us, our agents, orour
representatives,
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities ortelecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit,
(i) heating the apartment with gas -operated appliances;
0) making bad -faith orfalse allegations against us or our
agents to others;
(k) smoking ofany kind, that is not in accordance with this
Lease;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child -are
services) in your apartment or in the apartment
community —except for any lawful business
conducted 'at home' by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do n ot come to you r apa rtm ent
for business purposes.
12. Animals.Nolivfngcreatures ofanykindareallowed, even tempo-
rarily, anywherein theapartrnent or apartment communityun-
lesswe vegiven written permission. if we allow an animal, you must
sign a separate Animal Addendum and, except as setforth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance orsup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by leaving, Ina conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par. 14. We may: keep or kennel the animal;
turn the animal overto a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death ofthe
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyouor
anyguest or occupantviolates the animal restrictions of
this Lease or our Community Policies, youll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. lf an
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you forall cleaning and repair costs,
including defleaing, deodorizing, and shampooing_ Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for ourtime,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking.You may not be guaranteed parking. We may regulate the
time, manner, and place of parking ofall motorized vehicles and
other modes oftmnsportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the rightto remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. ifyouorany other resident, guest oroccupant
is present then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary)for reasonable business purposes ffwritten notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract 02023,Texas ApamnentAssodation, Inc Page 3 of6
15. Requests, Repairs andMalfuncdons.
15.1. Written Requests Required. Ifyou oranyoccupantneeds
to send a request —for example, forrepairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must be written and delivered to our designated
representative in accordance with 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 requestfrom you. Our complying
with or responding to any oral request doesn't waive the strict
requirement forwritten notices underthis Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whether or which vendors to use,
are within oursole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or th reat 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 offequipment and interrupt
utilities as needed to perform work orto 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 timelyrepair a condition that
materially affects the physical health orsafety ofan
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. Ilya u follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(1) termination ofthis Lease and an appropriate refund
under92.056(n, (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost ofthe repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16, Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unitorbuilding are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by g iving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rentand all deposits, minus lawful deduc-
tions. We may remove and dispose ofyour personal property if, in
our solejudgment, rtcauses a health or safety hazard or im pedes our
abilityto make repairs.
Texas PropertyCodesecs. 92.757,92-153, and92.154 require, with
some exceptions, that we provide atno cost to you when occupancy
begins: (A) a windowlatch 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 baron each sliding
door,• (E) a keyless bolting device (deadbolt) on each exteriordoor;
and (F) eithera keyed doo,•knob lock or a keyed deadbolt lockon
one entry door. Keyedlockswillberekeyedafterthepriorresident
moves out. The rekeying will be done eitherbefore you move in or
within 7 days afteryou move in, as required bylaw.lf we fail to in-
stall orrekeysecurity devices as required bylaw, you have the right
to do so and deduct the reasonable cost from yournext Rentpay-
ment underTexas Property Code sec. 92.165(7). We may deactivate
ornotinstall keyless bolting devices on yourdoors if (A) you or an
occupant in the dwelling is over55 or disabled, and (B) the require-
ments ofTexasPraperty Code sec 92.753(e) orff) aresatisfred.
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,
unlessthe 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. lf you damage ordisable the
smoke alarm orremove a battery withoutreplacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 92.2611 for $100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Rep o rt. Yo u m ust im m ediately rep o rt to u s a ny
missing, malfun ctionin9 or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
repo rt malfunctions, orfail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident 5afetyandLoss. Unless otherwise required bylaw, none
ofus, our employe es, agents, ormanagement companies are liable
to you, your guests or occupants for any dam age, personal injury,
loss to personal property, orloss ofbusinessorpersonal income,
from any cause, including butnotlimited to: negligent orintention-
al acts ofresidents, occupants, or guesM- theft, burglary, assault
vandalism orothercrimes;fire, flood, waterleaks, rain, hail, ice,
snow, smoke,lightning, wind, explosions, interruption of utilities,
pipe leaks orotheroccurrences unlesssuch damage, injuryorloss is
caused exclusivelybyournegligence.
We do not warrantsecurify ofanykind. You agree thatyou will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities 1f 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, anyfalse 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 ofthe property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license al I or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything 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 or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll oav for missino security de-
vices that are required by law. You11 oav for. (A) rekevina that
you request (unless we failed to rekev after the previous resi-
dent moved outh and (Rl repairs or replacements because of
misuse or damage by you or your family. Your occupant_), or vour
u9 ests.Youmustpayimmediatelyaftertheworkisdoneunlessstate
law authorizes advance payment. You must also pay in advance for
a ny 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 an d
Condition Form at or before move -in. You ag ree that
after completion ofthe form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition ofthe
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate requestforany
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
groovesofwood paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door -
Apartment Lease contract 0202a, Texas Apartment Association, Inc. Page 4 of 6
bells, or lock changes, additions, or rekeying is permitted
unless required bylaw 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, well supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
afterthat,you'il replace them at your expense
With bulbs ofthe same type and wattage. Your improvements
to the apartment(madewtth 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 orany 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.73. All notices and documents will
be in English and, at our option, in any other language thatyou read
orspeak.
21.1. Electronic Notice. Notice maybe given electronically by
usto you if allowed bylaw.lfallowed bylaw and in
accordance with this Lease, electronic notice from you to us
must be sentto the email address and/or portal specified in
this Lease. Notice may also be given by phone call orto 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.
24.
22. Liability. Each resident isjointly 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. I ndemnifiotion byYou. Youlldefer4imfemrafyandhold us
and ouremployees, agents, and maaagementcompany
harmless from all ikbilityarisingfrom yourconductor
requests toourrepresentatives andfrom the conduct ofor
requestsbyyourirwitees occupants orguests.
23. Default by Resident
23.1.
23.2.
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; (R) you or any guest or
occupant violates this Lease, our Community Policies,
orfire, safety, health, criminal or other laws, regardless of
whether or where arrestor 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, orgiven deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery ofa controlled
substance, marijuana, or drug paraphernalia as defined
in theTexas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
Eviction.lfyou default; including holding over, we may
end yourrightofoccuponcybygiving you atleast a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations.Aftergiving notice to vacate or
filing an eviction suit, wemaystillacceptRentorother
sums due; the filing oracceptance doesn't waive or
diminish ourright ofeviction oranyotherconhractual or
statutoryright. Accepting money at anytime doesn't waive
our right to damages, to past orfuture Rent or other sums,
orto our continuing with eviction proceedings. In an eviction,
Rent is owed forthe full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent forthe 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
perod ends; and (8) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first months Rent when or before this Lease
begins, all future Rentfor the Lease term will be automatically
accelerated without notice and become Immediately due. We
also may end your right ofoccupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupantsmust vacate andsurrender
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 ofthe 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. lf we or our debt
collector tries to collect any money you owe us, you
agree that we orthe 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 attomey's fees in connection with enforcing
our rights underthis Lease. All unpaid amounts you owe bear
interest atthe rate provided byTexas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees ifyou fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection-agencyfees 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.
Representatives'Authorityand Waivers. Ourrepresentatfves (in-
dudingmanagement personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease oranypartalit
unless in writing andsigned, andnoouthorityto make promises, rep-
resentations, oragreementsthatimpose security duties orotherob-
ligationsonusorourrepresentatives unless in writing andsigned.
No action or omission by us will be considered a waiver of our fights orof
anysubsequentviolation, default, or time or place of performance. our
choice to enforce,nat enforce orde/ayenforcementofwritten-no-
ticerequirements rental due dates acceleratforyliens,oranyother
rightsisn'ta waiverunderanydreumstances. Delay in demanding
sumsyou owe is nota 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 waiver ofour remedies fora
breach underyour prior lease that occurred before the Lease term begins.
Your Lease is subordinateto 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 waive r of oth er remedies. All provisions regarding our
non liability or non duty 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.
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25. Move -Out Notice.Beforemovingout,youmustgiveourrepresen-
tative advance written move -out notice as statedin Par. 4, even if
thisLease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Yourmove-outnotice mustcomplywith each ofthe following:
(a) Unless we require more than 30 days' notice, ifyou give
notice on the first day ofthe month you intend to move
out, move out will be on the last day ofthat month.
(b) Your move -out notice must not terminate this Lease
before the end ofthe Lease term or renewal period.
(c) Ifwerequire you togive usmore than 30days'written
notice to move out before the end ofthe Lease term, we
Will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fail to give a reminder
notice, 30 dayswrittennoticetomoveoutisrequired.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You mustthoroughlydean 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. lf you don't clean adequately, you'll be iiablefor
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc that are soiled beyond
Apartmnrt Lease Contract 02023, YexasApartmentAssodation, Inc Page 5 of6
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide a joint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment You have surrendered the apartment
when: (A)the move -out date has passed and no one is living In the
apartment in our reasonable judgment; or (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 ofthe following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession forall purposes
and gives us the immediate right to cleanup, 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,orlawofficers,may—
but have no duty to —remove orstore all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including anyvehicles you or any
occupant or guest owns or uses) afteryou'rejudiciallyevicted
or if you surrender or abandon the apartment.
We're notliable forcasualty, loss, damage, ortheft. 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 orabandonment;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
maybe kenneled orturned overto a local authority, humane
society, or rescue organ -cation.
29. TAAMembership. 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 forthe 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) neitherthe owner nor the man-
agement company is a member ofTAA 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 ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision ofthis Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder ofthis 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 tothe following: e/
31J. ClassAction Waiver. You agree that you will not participate
in any class action claims against us or ouremployees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or atherwisemaintain aclass action,
collective action or similarpro ceeding against us in
any forum.
YOU UNDERSTAND THAT. WITHOUT THIS WAIVER,YOU,
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure.lfweare prevented from completing substan-
tial performance ofany obligation under this Lease by
occurrences thatare beyond ourcontrol, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, dots, flood, fire, hurricane, tomadc, sabotage or
governmental regu lation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed bylaw.
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.
Checks will be accepted after the Sth
of the month- No Smoking, No Pets, No
Satellites, No Furniture dumDincr on the
property. Patio Furniture oniv. A $250.
00 disposition fee is due once Eviction .
is filed.
Beforesubmitting 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
Winding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
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(Name
6nt) Date signed
(Name of Resident} Date signed
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Apartment Lease Contract, TAA Official statewide Form 23-AB-1/13-2 Revised October2023 Page 6 of 6
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.
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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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