HomeMy WebLinkAboutContract 62786Rental Assistance Landlord Agreement Page 1 of 14
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND 3801 SYCAMORE SCHOOL ROAD , L.P.
This RENTAL ASSISTANCE LANDLORD AGREEMENT (“Agreement”) is made and
entered into between the CITY OF FORT WORTH (“City”), and 3801 SYCAMORE SCHOOL
RD, L.P dba PARK AT SYCAMORE (“Landlord”), each individually referred to as a “party” and
collectively referred to as the “parties.”
WHEREAS, the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property so
long as the landlord or property management agree to certain terms; and
WHEREAS,in the event the City determines the Tenant named below is eligible for a utility
reimbursement payable to their landlord under the Utility Allowance Schedule established by either
the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also
provide assistance in the form of monetary payment for a defined portion of utilities to the landlord
or management company of the property; and
WHEREAS, (“Tenant”) is a participant in the City’s rental assistance
program; and
WHEREAS,the City requires that landlords must enter into this Agreement in order to
receive the City’s payment of the defined portion of Tenant’s rent; and
WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and
Exhibit A – Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any
conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the
body of this Agreement, the terms and conditions of this Agreement shall control. It is understood
that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set
forth in this Landlord Services Agreement.
NOW THEREFORE the Parties in exchange for the benefit received from the other Party’s
performance, agree to the following terms and conditions:
1.PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a 2 BEDROOM (“Lease”). The
unit is located at (“Unit”), as more fully
described in Exhibit A.
2.TERM.
This Agreement shall begin on MARCH 1, 2025 and shall expire on OCTOBER 31, 2025,
unless terminated earlier in accordance with this Agreement (“Initial Term”). The Parties shall have
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the option to renew this Agreement by written agreement for additional one-year terms following
City review and approval of request by both Tenant and Landlord under the same terms and
conditions, provided however that the rental rate and any amounts payable by City shall be provided
to the City in writing for the new term at least 30 days prior to the effective date of the renewal term.
3.COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit $500.00 for the Unit to the Landlord in accordance with
the Tenant’s lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local
law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any
other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written
list of all items charged against the security deposit and the amount of each item. After deducting
the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full
amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to Landlord.
In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a
federally funded program (including the Permanent Housing Placement Program), after deducting
the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full
amount of the balance of the City Portion 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.
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
$1,271.00 per month for the Unit.
The Tenant shall be responsible for $580.00 of rent per month for the Unit.
The City shall be responsible for $691.00 of rent per month for the Unit (“City
Portion”).
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
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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
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
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any amounts due the Landlord, including the amounts due under any other Rental Assistance
Agreement.
4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only
as authorized by and through and following applicable state and local laws. The Landlord must give
the Tenant at least 30 days' written notice of the termination and notify the City in writing within
two business days of notifying the Tenant. This may be done by providing City with a copy of the
required notice to the tenant. This Agreement shall automatically terminate on the date the tenant’s
lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days’ written notice of termination.
4.2.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.2.3 HUD Program Year Funding. The City agrees to commit funding for rental assistance
for a period of up to twelve (12) months, subject to the availability of funds allocated in the current
program year’s budget. The City shall not commit to providing rental assistance beyond this 12-
month period unless and until additional funding is received from the U.S. Department of Housing
and Urban Development for the subsequent program year. In the event that future funding is not
secured, the City shall provide written notification to both the tenant and landlord at least ninety (90)
days prior to the end of the contract term, advising them that rental assistance will not continue
beyond the 12-month commitment. The City shall not be held liable for rental payments beyond the
12-month commitment and any lease agreements exceeding the 12-month term are entered into at
their own risk regarding the continuation of rental assistance.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months
the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions
of this Agreement prior to the date of expiration or termination. City shall not be obligated for any
additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month
that is after the effective date of termination of this Agreement, Landlord shall refund that portion
within thirty days of the effective date of termination by check made out to the City of Fort Worth
Neighborhood Services Department In the event of any dispute arising out of this Agreement, the
only remedy Landlord may assert for any claim, no matter the kind or character, arising out of this
Agreement is for the City Portion of the Tenant’s Total Rent for the months that Tenant occupied
the unit and this Agreement was in effect.
5. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES
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5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent,
safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the
services, maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at
such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary
condition, and is in compliance with applicable local codes, and that required maintenance,
services and utilities are provided.
5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have
the right, even if the Tenant continues in occupancy, to terminate payment of the City’s
Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any
kind whatsoever to City.
6. FAIR HOUSING REQUIREMENT
6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any
other manner, discriminate against any person on the grounds of age, race, color, creed, religion,
sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair
Housing and Civil Rights Requirements inures to the benefit of the United States of America, the
Department of Housing and Urban Development, and the City, any of which shall be entitled to
involve any of the remedies available by law to redress any breach or to compel compliance by the
Landlord.
6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and
with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews
and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes,
Executive Orders and all related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Landlord’s duties and obligations hereunder, it shall not discriminate in the treatment or employment
of any individual or group of individuals on any basis prohibited by law, including City ordinances.
IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation under
this Agreement; or
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(3) If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the landlord
may, at the City’s sole discretion, allow the Landlord a defined time period in which the Landlord
may take corrective action to remedy the breach.
7.3 The City’s right and remedies for breach of this Agreement shall not be limited by
any provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
8. NO THIRD PARTY BENEFICIARIES
8.1 The City does not assume any responsibility for, or liability to, any person injured as
a result of the Landlord's action or failure to act in connection with the implementation of this
Agreement, or as a result of any other action or failure to act by the Landlord.
8.2 The Landlord is not the agent of the City and this Agreement does not create or affect
any relationship between the City and any lender to the Landlord, or any suppliers, employees,
contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a
third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City (“City Information”) as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Landlord shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
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10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City
may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD
shall have access during normal working hours to all necessary Landlord facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended
audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as agent,
representative or employee of City. Subject to and in accordance with the conditions and provisions
of this Agreement, Landlord shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent
superior shall not apply as between City, its officers, agents, servants and employees, and Landlord,
its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between City
and Landlord. It is further understood that City shall in no way be considered a Co-employer or a
Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of
Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of
Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and
liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,
agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
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LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Landlord under which the
assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and
correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
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To CITY:
City of Fort Worth
Attn: Jesica McEachern,
Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
To LANDLORD:
KACI GUNTER
PARK AT SYCAMORE
ATTN: LEASING OFFICE
3801 SYCAMORE SCHOOL RD
FORT WORTH, TX 76133
16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
17. NO WAIVER.
The failure of City or Landlord to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Landlord’s respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
18. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for
such action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of
the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions
by any governmental authority, transportation problems and/or any other similar causes.
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21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or
Exhibit A.
23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party
hereto unless set forth in a written instrument, which is executed by an authorized representative of
each party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to
the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an original
and all of which shall constitute one and the same instrument. A facsimile copy or computer image,
such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an
original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27.CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City’s Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
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records. The president of Landlord or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy
of the board of director’s resolution approving the action, or an executed merger or acquisition
agreement. Failure to provide the specified documentation so may adversely impact future invoice
payments.
28. CONFIDENTIAL INFORMATION
Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public
Information Act (“Act”). By executing this agreement, Landlord acknowledges that this agreement
will be publicly available on the CITY’s website, and Landlord is therefore waiving any claim of
confidentiality, whether based in statute or the common law, to any and all materials contained as
part of this agreement including all documents and information referenced herein or attached hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord
does not meet the definition of a “company” under the applicable section of the Texas Government
Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
“boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001
of the Texas Government Code. By signing this contract, Landlord certifies that Landlord’s
signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s
signature provides written verification to City that Landlord: (1) does not boycott energy companies;
and (2) will not boycott energy companies during the term of this Agreement.
31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification
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from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Landlord certifies that Landlord’s signature provides written verification to City that
Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ___________________________
Name: Jesica McEachern
Title: Assistant City Manager
Date: ___________________________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Kacey Bess
Title: Director,
Neighborhood Services Department
ATTEST:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: ______________________________
Name: Cyndee Garza
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
By: ______________________________
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0552
LANDLORD:
By:
Name: Kaci Gunter
Title: PROPERTY MANAGER
Date: ____________________________
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ATTACHMENT A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant’s Portion City’s Portion
Initial Term $1,271 $580.00 $691.00
EXHIBIT A
Copy of Lease
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'��s Lease is valid onlyif filled out beforeJanuary 1, ��,5
Apartment Lease Contract
Thi� is a 6inding contrect. Read carefully before signing.
This Lease Contract ("Lease") is between y�u, 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.
IPARTIES
Residents
�.EASE i?ETA.9L5
Owner Park At Sycamore Apartments
Occupanfs
A. Apartment {par. 2}
B.Initia[LeaseTerm. Begins: 11/O1/2024 Endsat11:59p.m.on: 10/31/2025
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par.S) � F. Noti[e ofTermination or Intent to Move 0ut (Par.4�
$ 1271.00 $ 500.00 ' Aminimumof 60 days'writtennoticeof
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this am000t does not
D. Prorated Rent � indud'e anyAnrmal Deposit, which If rhe number ofdays isn't fiUed in, notice of ar Ieasr 30 days
5 � woul�berefJectedinanAnimal � esrequired.
Addendum.
� duefortheremainderof1st
month or
❑ for 2nd month
G. Late Fees (Pac 33)
initial Late Fee Uaily Late Fee
� 10 %ofonemont�'smonthly6aserentor O 0.00 %ofonemonth'smonthlybaserentfor daysor
p$ 0. 00 ❑$ 0. 00 for days
Due if rent unpaid by i 1:59 p.m. on the 3rd (3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option {Par. 7.2) j K. Violatioo Charges
PaymentFeelPar.3.4) $ i
Animal Violation (Par.12.2►
$ 50 . 00 Notice of 60 days is required. � Initial charge of $ 100. 00 peranimal (not
Youa�enoteligibleforearlyfeiminationif toexceed5100peranimaqand
I youareindefault.
I.RelettingCharge�Par.7.1) Adailychargeof5 10.00 peranimal
Arelettin chareof5Z080.35 I Feemustbepaidnolaterthan 30 (nottoexceed$70perdayperanima0
9 9 � days after you give us notice
(nottoexceed85%afthehighest I �fa�yvaluesornumberofdoysareblankor"0," InsuranceViolation(MasterLeaseAddendum
monf►tlyRentduringtheLeaseterm) Yhen[hissectiondoesnotapply. orotherseparateaddendum)
may be charged in certain defaulY
situations $
L. Additional Rent - Monthly Recurring Fixe�1 Charges. You will pay separately forthese items as outlined below and/or in separate addenda,
Special Provisions oran amendment to this Lease.
Animal rent $ Cable/satellite $ Internet 5
Packageservice $ Pestcontrol $ Stormwateddrainage $
Trash service $ Washer/Dryer $
Othec $
Other: $
Other: S
Other $
M. Utilities a�d Other Variable Charges. You will pay separateEyfor gas, water, wastewater, electricity, trash/recycling, utility 6illing fees and other
items as outlined in separate addenda, Specia! Provisions or an amendment to this Lease.
Utility Connection [harge or Transfer Fee: $ 50 . 00 (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 orcomply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
AdditionalorReplacementAccessDevices:$ RequiredlnsuranceLiabiEityLimit{peraccurrence):$ �
Special Provisions. See Par.32 oraddiYional addenda attached.This Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Con[ract �2023, Texas Apartment Association, Inc Page 1 of 6
1. Definitions.Thefollowingtermsarecom��,�nlyusedinthisLease:
1.7. "Residents"arethoselistedin"Residents"abovewhosign
this Lease and are authorized to live in the apartment.
7.2. "Occupants"arethoselistedinthisLeasewhoarealsoautho-
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.
7.4. "Including" in this Lease means "including but not limited to."
7.5. "CommunityPolicies"arethewrittenapartmentrulesand
poli[ies, incfuding property signage and instructions for
care of our property and ameniiies, wlth which you, your
oaupants, and your guests must comply.
L6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
7.7. "Lease" includes this document, any addenda aod
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 ordevices for yourapartment and mailbox, and
other access devices induding:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartrnent are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations.Youagreethatdesignationsoraccredi-
tations associated with the property are subject to change.
3. Rent.YoumustpayyourRentonorbeforet�he7stdoyofeach
moo th (due date) without demand. There are no exceptions
regarding the payment of Rent, and you agree n otpaying Rent on
or before the isf of each mont6 is a material' 6reach of �his Cease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in acmrdance with this Lease.
Cash is not ecceptable without our p�riar written
permission. You cannot withhold or offset Rent unJess
authorized bylaw. We may, at our op�[ion, require at any
time that you pay Rent and other sum; due in one single
payment by any method we specify.
3.2. Application of Payments. Payment nf each sum due is an
independent covenant, which means �ayments are due
regardlessofourperformance. Whenwereceivemoney,
other than water and wastewater payments subjed to
government regulation, we may apply it at our option and
without notice 6rst to any of your unpaid obligations, then
to accrued rent. We may do so regardiess of notations on
chacks or money orders and regardless of when the
obligations arose. All sums otherthan Rent and latefees are
due �pon our demand. After the due date, we do not have
to accept any payments.
33. Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected eledronic
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 payfor 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 l.ease term ifthe
change applies to alf residents.
If your electricity is interrupted, you must use only battery-
operated lighting (no Flames). You must not allow any
uti lities (other than cable or Intemet) to be cut off or
switcE�ed for any reason—induding disconnedion 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,
you91 be liable for the charge listed abave (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 wriYten notice.
You must pay all applicable provider fees, induding any fees
to �hange service back into our name after you move out.
3.6. LeaseChanges.LeasechangesareonlyallowedduringYhe
Lease term or renewal period if govemed 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 berome effective with at
least 5 d ays plus the numher oi days' aeivance notice contai ned
in Box F on page 1 in writing from us to you. Your new Lease,
which may indude inaeased Rent or Lease changes, will begin
on the date stated in anyadvance notice we provide (without
needing your signature) unless you give us written move-out
notice under Pac 25, which applies only to the end of the current
Lease Yerm or renewal period.
Apartment Lease Contra[[ p2023, Texas Apartment Association, Inc.
4. AutomaticLease. .�ewalandNoticeofTermination.ThisLease
will automatically renew month-to-month unless either party gives
written notice oftermination or intent to move out as required by Par.
25 and specified on page l.lfthe num6erofdays isn't fifled in, no-
tice of at least 30 days is required.
5. Secarity Deposit. The total security deposit for al I residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum.5ecurity deposits may not be ap-
plied to Rent withoui our prior written conseM.
5.1. Refunds and Deductions. You must give usyour advance
notice oE move out as orovided by Par. 25 and forwardinn
address in writing to receive a written description and
itemized list of charaes or refund. ln accardance with this
Lease and as allowed 6y law, we may deducf from your
secu�ity deposit any amounts due under this Lease. !f vou
move out earlyor in resoonse to a notice to vaca�e, vou'fl6e
1ia61eforrekevinacharaes. Upon receipt of your move-out
date and forwardi ng address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
acmunting ofany 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.
6. Insurance. Dur inswance doesn'[ cover the lass of or damage to
yourpersonaf property. You wil] be requlred to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance coveri ng the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrierto waive any insurance subrogation rights.
Even if not required, we urge you to obtain yourown insurancefor
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Mostrenter'sinsurancepoliciesdon'tcoverlossesdue#oaflood.
7. RelettingandEarlyLeaseTermination.ThisLeasemaynotbeter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'I[ be liable for a reletting charge as
listed in Lease Details, (not to exceed 85% of the highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to giue written move-out notice as required in Par. 25;
(6) moue out without paying Rent in full forthe entEre Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are j udicially evicted. ihe reletting
charge is not a termination, cancellation or buyouifee and
does not release you from your obligations under tf�is Lease,
induding 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—forourtime, effort, and expense in
finding and processing a replacement resident.These
damages are uncertain and hard to ascertain—particularly
fhose 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 wcceed.
7.2. EarlyLeaseTerminationOptionProcedure.lnadditionto
your termination rights referred to iN.3 or 8.1 below, ifthis
provision applies under Lease Details, you may optto
terminate this Lease prior to the end of the Lease term ifall of
thefollowingoccue (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'il
move out; (b) you are not in default at any time and do not
hold over; and (c] you repay all reM concessions, credits or
discounts you received during the Lease term. Ifyou are in
default, the Lease remedies apply.
73. SpecialTerminationRights.Youmayhavetherightunder
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
cerfain sexualoffenses, sfalkrng or deafh ofasole resident.
8. DelayofOccupancy.Wearenotresponsi6leforanydelayofyour
occupancy �aused by construction, repairs, deaning, or a previous
residenYs holding ovec This Lease will remain in force su6ject to
(1) abatement of Reni 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 deaning or re
pair5 thaY don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written noiice.
If we g ive you written notice before the date this Lease begins
and the noCice 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.
Page 2 oFb
9. Care of Unit and Damages. You must p� .,�tly pay or reimburse us
for loss, damage, consequential damages, govemmentfines orcharg-
es, or �ost of repairs or service in the apartmEnt community because
of a Lease violation; improper use, negligen�e, or other conduct by
you, your invitees, youroccupants, 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 extentthey couldn't be mitigated by
youraction or inaction.
Unless damage or wastewater stoppoge is d'ue to our negligence,
we'renotliable for—and you must pay for—repairs and replace-
ments occurring during the Lease term or renewal period, indud-
ing: (AJ damage from wastewaterstoppages caused byimproper
objects in lines exclusivelyserving yourapartmenh (B) damage to
doors, windows, orsueerts; and (C) damage from windows or doors
left open.
1D. CommunityPolicies.CommunityPoficiesbecomeparto(this
Leaseandmustbefollowed.We maymakechanges, 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
changethe dollar amounts owed underthis Lease.
10.1. PhotolVideo Release. You give us permission to use any
photograph, likeness, image orvideo taken ofyou while
you are using property common areas or parti�ipating in
any event sponsored by us.
10.2. Disdosure of Information. At our sole option, we may,
bur are not obligated to, share and use information related
to this Lease For Eaw-enforcement, gouernmental, or business
purposes. At our request, you authorize any uiility pro�ider to
give us information about pending oradual connedions or
disconnections of utiiiYy service to your apartment.
103. Guests.Wemayexcludefromtheapartmentcommunity
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease ar our Community
Poficies, or disturbing other residents, neiqhbors, visitors,
or owner representatives. We may also exclude from any
outside area orcommon 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 mmmunity.
Anyone not listed in this Lease cannot stay in the
apartment for more than ___7_ days in one week
without our prior wrEtten consent, and no more than twice
ihat many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
1fl.4. Notice of Comictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are wnvicted of any felony, (B) are convicted of any
misdemeanor involving a con#rolled substance, violenceto
another person, or destruction of property, or {q register as a
sex offender. Informing us of a criminal conviction or
sex-offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells tinduding 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 ofa multifamily lia�ing environment and
that it is impractical for us to prevent them from penetrating
yo u r apa rtment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, co�rteous and reasonable manner at all tiRnes when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonablle communication or
conduct by you, your o[[upants or guests is a breach of this Lease.
You must use customary diligence in maintaining the a�artment,
keeping it in a sanitarycondition 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, induding any balconies, with
reasonable care. We may regulatethe use of passageways, patios,
bakonies, porches, and activities in common areas.
11.1. ProhibitedConduct.You,youroccupants,andyourguests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
passessing a controlled substance ordrug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited 6y staYe law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or poss�essing a gun, kni#e,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in a loud, obnoxious ordangerous manner;
(c) distur�._ �rthreateningtherights,mmfort,health,safety,
or convenience of others, induding us, our agents, or our
representatives;
(d) disruptingour6usinessoperations;
(e) storing anything in dosets containing water heaters or
gas appliances;
(fl tamperingwithutifitiesortelecommunicaYion
equipment;
(g) bringing f�azardous materials into the apartment
community;
(h) usingwindawsforentryorexit;
(i) heating khe apartment with gas-operated appfiances;
�j) makingbad-faitfiorfalseallegationsagainstusorour
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(I) using glass containers in or near pools; or
(m) conducting any kind of business (induding child-care
services) in your apartment or in the apartment
community—except {or any lawful busi ness
conducted "at home" bycomputer, mail, ortelephone if
customers, clienYs, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals.IVolivingcreaturesofanykindareallowed,eventempo-
rarily, anywhere in the apartment or apartment community un-
Iess we've given written permission. If we a Ilow 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-
aI sewrity deposii. You represent that any req uests, statements and
representations you make, including thoseforan assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animai 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, si[kness, or deaYh ofYhe
animal unless due to o�r negligence. You must paylor
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. ]f you or
any guest or occupant violates the animal restriciions of
this Lease or our Community Policies, you'll be subject to
tharges, damages, eviction, and other remedies
provided in this Lease, induding animal violaYion charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at anytime during
yourterm ofo[cupancy(with orwithoutourconsent),
we'll charge you for all deaning and repair costs,
induding defleaing, deodorizing, and shampooing.lnitial
and daily animal-violation charges and animal-removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking ofall motorized vehides and
other modes oftransportation, induding bicydes and scooters, in
this Lease. In addition to other rights we have to tow or boot vehides
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehide that is not in mmpliance
with this Lease.
14, WhenWeMayEnter.lfyouoranyotherresident,guestoroccupant
is present, then repai r or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
deMs or buyers, insuranw agents, persons auihorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasona6le times for reasonable business purposes.
If nobody is in the apartment, then any such person may enier peace-
fully and at reasonable times {by breaking a window or other means
when necessary) for reasonable business purposes ifwritten 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, gi�e prior notice or
make appointments.
Apartment Lease Contract c�2023, Texas Apartment AssociaCian, !nc Page 3 of 6
15. Requests,RepairsandMalfunctions.'
15.1. WrittenRequestsRequired.lfyouoranyoccuparttneeds
to se�d a request—forrarample, foirepairs, installafions,
services, ownenhipdisclosure, orsecuriiy-relatedmatters—
itmust 6e wrltten and delivered to ourdesignated
representafivein accordance with this iease (exceptfor
fair-housing accommodation or modification requests or
situations involving [mminent danger orthreatsto health or
safety, such as fi re, smoke, gas, euplosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you.0ur complying
with or responding to any oral request doesn't waive the strict
requirementforwritten notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment mnstitutes a requert from aII residenu. Thetime,
maaner, method and means of performing maintenance
andiepalrs,tncluding whefherorw6lch vendors fo use,
are wifhin our sole discretion.
15.2. YourRequirementtoNotify.Youmustpromptlynotifyusin
writing ofair conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other conditfon that
poses a hazard or threat to property, hea[th, or safety. Unless
we i nstruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
mnditioning problems are normally rtotemergencies.
153. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonablywithout substantia[ly increasing your
utility cos[s. We may tum Off equipment dnd interrupt
utilities as needed to perform work orto avoid
property damage or other emergencies. If uti lities
malfundion or are damaged byfire, water, or similar
cause, you must notify our represeniative immediately.
15.4. Your Remedies. We'll adwith cus[omary diligence to
make repairsand reconnections within a reasonable
time, taking into consideration when casuahy-insurance
proceeds a re 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 of the problem and
the reasonable avaiiabil"ity of materials, labor, and
utilities. lfwe fail to timefyrepair a condition that
materiallyaf/ects the physical health orsafetyofan
ordinary restdent as requlred by the Teacas Property Code,
you maybe entitled to exerrise remedies under § 92.056
and 5 92.056T of the Tacas PropertyGode. lfyou follow
the proceQures under those secflons, the /ollowing
remedies, among others, maybe avaifabfe to you:
(1) termination of this lense and an approp�iate refund
uader 92.056(�; (2) have the condition repalred o►
remedied accordingto § 92.0561; {3) deduct from the Rent
the cost of the repairor�emedy according to 3 91.0561;
aad 4) judlc7al �emedles according to § 91.OSb3.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages to the unit or building are
significartt or performance of needed repairs poses a dangerto you,
we mayterminate this Lease and your rightto possession by giving
you at least 7 days'written notice Iftermination occurs,you agree
we'll refund only prorated rentand all deposits, minus lawful dedua
tions. We may remove and dispose ofyour personal pToperty if, in
oursole judgment, it causes a health orsafetyhazard or impedes our
abilityto make repairs.
16.1. PropertyClosure.Wealsohavetherighttoterminate
this Lease and your right to possession by giving you at
feast30days'written notice oftermination ifwe are
demolishing your apartment or dosing itand it will no
longer be used for residential purposes for at least b
months, or if any part ofthe property becomes subjectto
an eminent domain proceeding.
17'. AssignmentsandSubletting.YoumaynotassignthisLeaseorsub-
let your apartment. You agree that you won't rent, offerto rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to i n advance by us in writing. You ag ree that you won't
accept anythi ng of va lue from anyone else for the use of any part of
your a partment. You agree not to list any pa rt of your apartment on
any lodging or short term rentai website or with any person or ser
vice that advertises dwellings for rent
18. SecurityandSafetyDevices.We'llnayformissingsecuritvde-
vices that are reauired bv law. You'll oa�or. (Al rekeving that
you reauest (unless we failed to rekev �fte_r�previous resi-
dent mov d ut • and B re ir or re acement beca f
misuse or damaae bvvou oryour famifv. xour occupants. or your
9uests• You m ust pay i m mediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed secu rity devices you request.
TexasPropertyG eu.91.157,92.753,and92.154require,with
some earceptions, t7latwe provide atno tost to you when oaupanry
begfns: (/U a window Iafch on each wFndow; (8} Q doorvfewer(peep-
hole orwindowj on each exte�io� door, (C) a pin Iock on each sliding
door; (D) either a door-handlelatch or asecurirybaron each sliding
door, (E) a keyless bolting devlce (deadbolt) on each e�erior door,
and (F) eitherokeyed doorkno6lotko�ckeyed deadboltlockon
one entry door. Ktyed lo[ks will be nkeyed a(terthe prionesident
mov[s ouk The rekeying wtll bedone tlthnbefore you move la or
within7 days afte� youmove in, as required by law.lfwe fail to in-
sfa!! orrekeyse�urity devices as required bylax; youhave the right
to do so and deductthe reasoaable rosthom yourne�ctRentpay-
ment underTeacasPropertytode sec. 92.Ib5(1J. Wemaydeadivate
orootinsfall keyless bolting devices on your doors if(A) you oran
occupanHn the dwelling ls over55 or dlsa6led, and (B) the requi�e-
ments ofTexas Property Code sec. 92.153{c) or (fJ are satisfied.
18.7. Smoke Alarmsand Detection Dev{ces. We 11 furnish
smoke alarms or other detedion devices required by law
or city ordinance. We may install additional detedors
not so required. We'll test them and provide working
batteries when you fi rst take possession of your
apartment. Upon request we'll provide, as required by
law, a smoke alarm capable ofalerting a person with a
hearing impairment.
You must payfor and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries atyour expense,without prior notice
to you. Neither you noryour guests or occupants may
d isable a[arms or detectors.lf you damage or disable ihe
smoke alarm o��emave a battery wlthout replacfng Jf
with a working battery, youmay be lia6le to us unde�
TexasProperiyCodesec.92.2611 for$100plusone
month'sRent actualdamages,andattorney'sfees.
78.2. DutytoReport.Youmustimmediatelyreporttousany
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You II be liable ifyou fail to
report malfunctions, orfail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. ResidentSafetyandLoss.Unlessotherwfserequlredby/aw,none
ofas, ouremployeu, agents, ormpnpgementcomppnies arelip6le
to you, yourguesfs or occapants /o�anydamage, personalinjury,
loss to penonal property, orloss ofbusiness orpersona!lnrome,
hom eny couse, induding butnotlimited to: negligentorintention-
alads ofresidents, occupants, orguests; thek, burglary, assault
vandalfsm orothercrlmer, 6re, Rood, waterleaks, rcin, hail, ice,
snow, smoke, Iighming, wind, euplosions, interruption ofutiliiies,
pipeleaks orother ocnrnences unlesssuch damage, injuryorlossis
caused erdusively 6y ournegllgence.
We do not wa�ranrsecurity ofeny kind. You agree that you will not
rely upon anysec�rity measures taken by usfor personal security,
and that you will call 911 and bcal law enforcement authorfties if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
persona I security services to you, your guests or occupa nts. You rec
ognizethat 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 fu rther acknowledge that, even if an a la rm or gate a me-
nities are provided,they are mechanical devicesthat can malfunc
tion. Anycharges resulting from the use of an intrusion alarm will be
charged to you, induding, but not li mited to, any false alarms with
police/fire/ambulance response or othei required city charges.
20. ConditionofthePremisesandAlterations.
20.1.
20.2.
As-Is. Wedtsdafm alllmplied war►antfes. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the heahf� or safety of
ordinary per5ons.You91 be given an Inventory and
Condition Form at or before move-in. You agree that
after completion oftheform orwithin 48 hours after
move-in, whichever comes first, you must note on the
form all defects or damage, sign theform, return itto
us, and the form accurately reflects the condition ofthe
premises for purposes of determining any refund due to
yoa when you move aut.Otherwise, everything will be
considered to be in a dean, safe, and good working
cond ition. You m ust sti II 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, electncal 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 ofsmall
nail holes for hanging pictures on sheetrockwalls 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 door-
Apartment Lease Contract �20Z3, Texas Apartment Association, Inc Page 4 of 6
bel€s, or lock changes, additions, � ceying is permitted
unless required by law orwe've mnsented in writing. You may
instalf a satellite dish orantenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, induding alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs forfixtures wefurnish, in-
duding exteriorfixtures operated from insidethe 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) 6ecome
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
managemen[ companies constiEutes notice to orfrom us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requestr from any resident constitute notice
from all residents.Only residents can give notice of Leasetermination
and intent to move ouY under ParJ3. All notices and documents wil I
be in English and, at ouroption, in any other languagethatyou read
orspeak.
21.1. Electronic Notice. Notice may be given electronicafly by
us ta you if allowed by law. If allowed by law and in
accordance with this Lease, eledronic 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 emai I
address to us, and that you will notify us in the event your
email address changes.
22. Liability. Each resident isjointly and severall;y liable for all Lease
obliqations. 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. In demnification by You. You'll defend, indemnifyand hold us
and ouremployees, agents, and man�ugement company
harmless irom allliability arising frorm your conduct or
reguests to our representatives andfrom the conductofor
requests 6y yaur invitees, occupants or guests.
23. Defauit by Resident.
23.1. Ads of Default. You'll be in default if: (A) you don't
timely pay Rent, induding monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
orfire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, orfalse answers in a rental
application or in this Lease; or (D) you or any ocwpant is
charged, detained, mnvicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufadure or deliveryr ofa controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex-
related crime, induding a misdemeanor.
23.Z. Eviction.lfyoudefaul�,includingholdingover,wemay
end yourright of accupancy 6y giving you at least a 24-
hour written notice to vacate, Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. After giving notice ta vacate or
frlinganevictionsuit wemaystillacceptRentarother
sums due; the frling or acceptance doesn't waive or
diminish our right of eviction or an y other contractua! or
stafutoryright. Accepting money at any time doesn't waive
our right to damages, to past or fuwre Rent or other sums,
orto our continuing with eviction proceedings.ln an eviction,
Rent is owed forthe fulf rental period and will not be
prorated.
233. Acceleration.UnlessweelectnoYtoaccelerateRent,all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after a[celeretic�n) and wlll be
immediatelydue if, without ourwritten consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out 6efore 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 accelereted if you'rejudicially evided or move
out when we demand because you've defaulted.
Ifyoudon ; thefirstmonth'sRentwhenorbeforethisLease
begins, all future Rent forthe Lease term will be automatically
accelerated without noticeand bemme immediatelydue. We
a Iso may end you r rig ht of occupancy and recover da mages,
future Rent, attorney s fees, court costs, and other lawful charges.
23.a. Holdover. You and all oc�upants mustvacate and surrender
the apartment by or before the date contained in: (S) 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 yau'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
atour option, we may extend the Lease term end/or increase
the Rent 6y 25%v by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amountsto
crediY agencies as allowed by law. If we or our debt
collectortries to collect any moneyyou owe us, you
agree that we or the debt collector may contact you by
any legal means. if you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recoverattorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by �exas 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 letterdemanding payment and stating that
collection-agency fees will be added if you don't pay aA sums
by that deadline. You are also liable for a charge {not to
exreed 5150) to cover our ti me, cosi and expense for any
evidion proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees adually paid.
24. Representatives'AuthorityandWaivers.0urrepresentativesfin-
cluding management personnef, employees, and agents) have no
authority to waive, amend, or terminate tfris Lease or a�y part of it
unfess in writingandsigned, and no authorityta makepromises, rep-
resentafions, or ngreements fhnt impose securify duties or otherob-
ligations on us or our represenfatives, unless in writing and signed.
No action or omission by us will be considered a waiver ofour rights or of
any su bsequent violation, default, or time or place of performance. Our
choice toenforce, notenforce ordelay enforcementof written-no-
tice requirements, rental due dates, acceleration, liens, orartyather
rights isn'ta wafver underany eircumstances. Delay in demand ing
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 constitures a waiver of our remedies for a
breach under your prior lease that occu rred before the Lease term begins.
Your Lease issubordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election orwaiver of other remedies. All provisions regarding our
nonliability or nonduty applyto our employees, agents, and manage-
ment companies. No employee, agent, or management mmpany is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
R e '
25. Move-OutNotice. Beforemovingout,youmustgiveourrepresen-
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 nofice must compl y with each of th e fallowing:
(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 ti�e last day of that month.
(b) Yourmove-outnoticemustnotterminatethisLease
before the end of the Lease term or renewal period.
(c) If we require you to gi�e �s more than 30 days' written
notiw to move out before the end of the Lease term, we
will give you 1 written reminder not {ess than 5 days nor
more than 90 days before your deadline for giving us
yourwrittenmove outnotice.Ifwefailtogiveareminder
notice, 30 days' written notice to move out is required.
(d) Youmustgetfromusawrittenacknowledgmentofyour
notice.
26. Move-Out Procedures.
26.1. Cleaning.Youmustthoroughlycfeantheapartment,induding
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
mustfollow move-out deaning instructions ifthey have been
provided.lfyou don't c[ean adequately, you'll be liable for
reasonable deaning charges—induding charges for deaning
carpets, draperies, furniture, walls, etc. t€�at are soiled beyond
Apartmen[ Lease Contract C12023, Texas Apar[ment Association, Inc, Page S of 6
normal wear (that is, wear or soilir at occurs without
negligence,carelessness,acciden. abuse).
26.2. Move-Out Inspection. We may, but are noY obligated to,
provide a joint move-out inspectian. Our representatives
have no authorityto bind or limit us regarding deductionsfor
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject tc our correction, modi-
fication, or disapproval beforefinal acmunting 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 (BI apartment keys and ar
cess devices listed in Par. 2.1 have been tumed in to us—whichever
happens first.
You have abandoned [he apartment when all of the following have
occurred: (A} everyone appears to have moved out in our reasonable
judgment; (B) you've been in defaultfor nonpayment of Rentfor 5
consecutive days, or water, gas, or eledric 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 doorsiating that we consider the apartment aban-
doned. An apartment is a[so considered abandoned 10 days after the
death ofa sole resident.
�7.7. The Ending ofYour Rights.5urrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clPan 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. OVe, or law officers, may—
but have no dutyto—remove or store all propertythat in our
solejudgment belongs to you and remains in the apartment
or in mmmon areas (including any veE�ides you or any
occupant or guest owns or uses} after you'rej�dicially evicted
or ifyou surrender or abandon the apartment.
We're not liable for cesualfy, loss, demage, or tReft. You
must pay reasonable charges for our packing, removing and
storing any property.
Ex[ept for animals, we may throw away or give to a charitable
organizatEon all personal property ihat is:
(1) leftintheapartmentaftersurrend�rorabandonment;or
(21 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 orturned overto a local authority, humane
society, or reswe organization.
0 0 .
28. TAA Membership. We, the management company representing us,
or any locator service that you �sed wnfirms;membership in good
standing of both tlze Texas Apartment Association and the affiliated
Eocal apartment association for the area where the apartment is
located at the time of slgning 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 remver past or
future rent or other charges. The above remedies also apply if both
of the following occuc (1) this Lease is automa�tically renewed on a
month-to-month basis more than onw after membership in TAA and
the local association has lapsed; and (2) neitherthe owner nor the man-
agement mmpany 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 wi ll be condusive evidence of nonmem6ership.
Governmenial entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severabilityand Survivability. If any provision of this Lease is irnal-
id or unenforceable underapplicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragrephs
10.1,10.2, 16, 22.1, 27, 30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent own�rs.
30. Controlling Law. Texas faw govems this Lease. All litigation arising
underthis Lease and all Lease o6ligations m�st be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. BysigningthisLease,youagreetothefollowing:
31.1. ClassAdionWaiver,Youagreethatyouwillnotparticipate
in any dass action claims against us orour emp{oyees, agents,
or management company. You must file any claim against us
individually, and yau expressly waive yourright ta bring,
represenq join or otherwise maintain a dass ac[ion,
collective action or sfmilarproceeding against us in
any forum.
YODUND' 'ANDTHAT.WITHOUTTHISWAIVER,YOU
COULU BI. ARTY IN A CLA55 ACTION LAWSUIT. BY
SIGNIIVG THIS LEASE, YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAV� ANY CLAIMS DECI DED INDIVIDUALLY.
THE PROVISlONSOFTHIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EJ(PIRATfON OF THIS LEASE.
31.2. ForceMajeure.lfwearepreventedfromcompletingsubstan-
tial performance ofany obligation underthis Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, atts of
terrorism, riots, Flood, fire, hurricane, tornado, sa6otage or
governmental regulation, then we shall be excused from any
further performance of obfigations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attacE�ed Specia l Provisions and
any addenda or Community Policies pro�ided to you, are part of this
Lease and supersede any confliding provisions in this Lease.
No checks after the 3rd of the month.
We do not allow month to month leases
you must be in a current lease
contract. We also do not due 6 month
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Leasewhen it is signed. An eiettronic signature is
binding. This Lease, including all addenda, is the entire agreement
between ynu and us. You agree that you are NOT relying on any
oralrepre3entations.
D neror0 ner'sRepresent tive(signingonbehalfofowner)
Apartme nt Lease Contract, TAA Oficial5tatewide Form 23-A/6-1 /8-2 Revised Odo6er 2023 Page 5 oP 5
-
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
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
HEARING:YES
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.
Page 1 of 6M&C Review
7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024
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
Page 2 of 6M&C Review
7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024
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
GOAL PROGRAM AMOUNT
Housing Channel Affordable Housing
Housing Counseling &
Education $111,000.00
Meals-On-Wheels, Inc. of
Tarrant County Aging In Place Nutrition Program $75,000.00
Sixty and Better, Inc. Aging In Place
Increasing Access to
Basic Needs for Senior
Adults
$50,000.00
AB Christian Learning Center Children and Youth
Services
Out of School Time
Program $90,000.00
$80,000.00
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Boys & Girls Clubs of Greater
Tarrant County, Inc.
Children and Youth
Services
Youth Development at
Eastside Branch
Camp Fire First Texas Children and Youth
Services Teens In Action $78,300.00
Girls Incorporated of Tarrant
County
Children and Youth
Services
Girls Inc. of Tarrant
County $100,000.00
Junior Achievement of the
Chisholm Trail, Inc.
Children and Youth
Services
Cradle to Career
Initiative $50,000.00
United Community Centers,
Inc.
Children and Youth
Services
Holistic Educational
Literacy Program $90,000.00
Easter Seals North Texas, Inc.Economic Empowerment
and Financial Resilience Employment Services $60,000.00
Taste Project Economic Empowerment
and Financial Resilience
Culinary Workforce
Development Program $25,000.00
The Ladder Alliance Economic Empowerment
and Financial Resilience
Tarrant County
Workforce
Development
$81,731.00
The Women's Center of Tarrant
County, Inc.
Economic Empowerment
and Financial Resilience Employment Solutions $60,000.00
Your Harvest House, Inc.Economic Empowerment
and Financial Resilience Client Aid Services $25,000.00
Cancer Care Services Healthy Living and
Wellness
Increasing Health
Equity by Decreasing
Health Disparities
$50,000.00
Tarrant Area Food Bank Healthy Living and
Wellness Home Delivery $25,000.00
CDBG Public Services Agencies Total $1,051,031.00
Rehabilitation, Education and
Advocacy for Citizens with
Handicaps dba REACH, Inc.
Accessibility
Improvements Project Ramp $165,000.00
Fort Worth Area Habitat for
Humanity, Inc. DBA Trinity
Habitat for Humanity
Housing Preservation
and Rehabilitation Cowtown Brush Up $455,000.00
CDBG Subrecipient Agencies Total $620,000.00
TOTAL CDBG CONTRACTS $1,671,031.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGRAM AMOUNT
AIDS Outreach
Center, Inc.
Homelessness Prevention
and Special Needs
Support
The Housing Assistance
Program
- Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
$326,781.00
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(STRMU), Supportive
Services
Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
HOPWA Program -
Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility-Based
Operations (FBO)
$1,300,000.00
TOTAL HOPWA CONTRACTS $1,626,781.00
Emergency Solutions Grants Contracts
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGAM AMOUNT
The Presbyterian Night
Shelter of Tarrant County,
Inc.
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services $127,345.00
Lighthouse for the
Homeless dba True Worth
Place
Homelessness Prevention and
Special Needs Support
Day Shelter
Operations/Services $138,851.00
SafeHaven of Tarrant
County
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services $75,000.00
Center for Transforming
Lives
Homelessness Prevention and
Special Needs Support Rapid Re-Housing $75,901.00
The Salvation Army Homelessness Prevention and
Special Needs Support
Homelessness
Prevention $151,563.00
TOTAL ESG CONTRACTS $568,660.00
All figures have been rounded to the nearest dollar for presentation purposes.
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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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
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
FROM
Submitted for City Manager's Office by:Fernando Costa (6122)
Originating Department Head:Kacey Bess (8187)
Additional Information Contact:Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024_Agency Form 1295 Forms.pdf (CFW Internal)
2024-2025 Action Plan_Secretary of State Filings.pdf (CFW Internal)
Action Plan Budget-Staff Recommendations_052924.pptx (CFW Internal)
IR_2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24_AO(r7).docx (Public)
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