HomeMy WebLinkAboutContract 62812Rental Assistance Landlord Agreement Page 1 of 15
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND CIELO PLACE, LLC.
This RENTAL ASSISTANCE LANDLORD AGREEMENT (“Agreement”) is made
and entered into between the CITY OF FORT WORTH (“City”), and Cielo Place, LLC.
(“Landlord”), each individually referred to as a “party” and collectively referred to as the “parties.”
WHEREAS,the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property
so long as the landlord or property management agree to certain terms; and
WHEREAS,in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, (“Tenant”) is a participant in the City’s rental assistance
program; and
WHEREAS, the City requires that landlords must enter into this Agreement in order to
receive the City’s payment of the defined portion of Tenant’s rent; and
WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement
and Exhibit A – Copy of Tenant Lease, attached hereto and incorporated herein. In the event of
any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control. It is
understood that City is not bound by any portion of Exhibit A and is only bound by the duties and
obligation set forth in this Landlord Services Agreement.
NOW THEREFORE the Parties in exchange for the benefit received from the other
Party’s performance, agree to the following terms and conditions:
1.PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a two-bedroom (“Lease”). The
unit is located at (“Unit”), as more fully
described in Exhibit A.
2.TERM.
This Agreement shall begin on February 1, 2025 and shall expire on January 31, 2026,
unless terminated earlier in accordance with this Agreement (“Initial Term”). The Parties shall
have the option to renew this Agreement by written agreement for additional one-year terms
following City review and approval of request by both Tenant and Landlord under the same terms
and conditions, provided however that the rental rate and any amounts payable by City shall be
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provided to the City in writing for the new term at least 30 days prior to the effective date of the
renewal term.
3.COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant’s lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations.This does not limit
Landlord’s right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City’s review, City will pay a
$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 $1,275.00
per month for the Unit.
From February 1, 2025 to February 28, 2025, the Tenant shall be responsible for $0.00 of
rent per month. From March 1, 2025 to January 31, 2026, the Tenant shall be responsible
for $135.00 of rent per month.
From February 1, 2025 to February 28, 2025, City shall be responsible for $1,275.00 of
rent per month. From March 1,2025 to January 31, 2026, City shall be responsible for
$1,140.00 of rent per month.
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A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. The City’s sole obligation is limited to paying the City Portion of the
Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees
associated with the Unit and City shall not be obligated by law or in equity for any amount other
than the City Portion.
3.2.2 Utilities.The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City’s review, during the Initial Term, City will payno 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.
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3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
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 of Fort Worth 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.
5. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and
at such other times as may be necessary to assure that the Unit is in decent, safe, and
sanitary condition, and is in compliance with applicable local codes, and that required
maintenance, services and utilities are provided.
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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
(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.
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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.
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
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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 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.
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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:
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:
Cielo Place, LLC
3111 Race St.
Fort Worth, Texas 76111
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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.
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.
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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
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
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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
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.
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(signature page follows)
Rental Assistance Landlord Agreement Page 13 of 15
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: Julie C. Peña, MSW
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: Jessica Sinclair
Title: Property Manager
Date: ____________________________
Rental Assistance Landlord Agreement Page 14 of 15
Attachment A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant’s Portion City’s Portion
Initial Term $1,275 February 1, 2025 to
February 28, 2025:
$0.00
March 1, 2025 to
January 31, 2026:
$135
February 1, 2025 to
February 28, 2025:
$1,275
March 1, 2025 to
January 31, 2026:
$1,140
Rental Assistance Landlord Agreement Page 15 of 15
EXHIBIT A
Copy of Tenant’s Lease
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This Lease is valid only iffilled out beforeJanuary 1, 2026.
Apartment Lease Contract
This is a bindEng contract, Read carefully hefore signing.
This Lease Contract ("Lease") is between you, the resident(s) aslisted helow and,us. The terms "you" and "your" refer to all residents.
The terms "we;"'us;' and "our" refer tothe owner listed below.
PA RTI E S
Residents Owner Cielo Place
Occupants
LEASE DETAILS
A, A'partment (Par. 2)
B,InitialLeaseTerm. Beginsc 02/O1/2025 Ehdsat11:59p.m.on; O1/31/2026
C.Monthly6aseRent(Par.3) E,SecurityDeposit(PaC,S) F.,NoticeofTerminationorintenttoMoveOut�Par.4)
600.D0 Arpinimumof 60 days'writtennoticeof
$ 1275,00 $. terminationorintenttomoveoutrequiredatendofiniflalLease
term or during re�ewal period
Note tlmt this nmounOdoes not
D.ProratedRent IndudeanyAnlmplDePosit which Ifthenumberofdaysisn'tfilledin,noticeofatleast30dnys
would be re/lected 1n an Anfmnl 1s required.
5 Addendum.
O duefortheremainderoflst
month or
O for 2nd month
G, Late Fees (Par, 3.3)
Initial Late Fee Daily Cate Fee
� 10 %ofone mo�th's monthly base rent ot ❑, 9b of one month's monthly base rent for days or
� $ ❑ $ for _ days
Due if renY unpafd by 11:59 p,m. on the 3rd (3rd or greater) dayof the month
H�Returned'CheckorRejected J�EarIyTeYminatfonFeeOptlon(Par.7�2) K,ViolationCharges
Payment Fee (Par.3,4) $
$ 75.00 Noticeof 60 daysisrequired. AnimalVlolation(Far.723)
Initial chargeaf $ per animal (not
Youarenoteligible(oreqHyterminatlonif toexceed$t00peranimal)and
you arein defat�lt.
1, Reletting Charge (Par. 7,1)_ A dally char9e of $ per animal
1083 , 75 Fee must be pald no laterthan 3Q (notto exceed $10 per day per animal)
A reletting charge of $ daysafter you give us notice
(nottoexceed85�ofthehighest Ifonyvalueso�num6erofdoysareblankor°D," InsuranceVfolation{MasterLeaseAddendum
mont�ilyRentduringtheLeasete�m) thenthlssectiondoesnotapply. orotherseparatea.ddendumj
may be charged in certain de(ault $
situations
L. Additional Rent-Montfily Recurring Ffxed Charges.. Yod will pay separately for these items as outlined 6elow and/or in separate addenda,
Special PFoviS(ons oran amendment to thisLease.
Animalrent $ 0.00 Cable/satellite 5 0.00 fntemet $ 0.00
packagese�vfce S 0.00 Pestcontrol $ 0. 00 Stormwateddrainage $ 0. 00
TrashserVice $ 0.00 Washer/Dryer $ �.00
Other: $
Othet; $
Other: $
Other: � $
M. Utilitles and OtheC Variable Charges.You will pay separatelyforgas, water, wasteWater, eledricity, trash/recyding, utility bllling fees and other
items as outlihed in separate addenda, Special Provisions or an amendment to this Lease,
Utillfy Connectlon Charge or Transfer Fee: $ 50 . 00 (notYd exceed $50) to be paid within 5 days ofwritten notice (Par. 3.5)
N.Other Charges and Requiremgnts: You wlllpay separately forthese items or complywith these requirements as outlined in a Master Lease
Addendum, separate addenda or Speclal Provislons. Initial Access Device: $
AdditionalorReplaeementAccessDevicesi$ _RequlredhisuranceLiabilityCimit(peroccurrence):$
Special Provisions. See Par, 32 or additional addenda a[taehed.This Lease cannot 6e changed unless in writing and signed by you and us.
AparlmentLeaseContract�2023�Texas AparlmentAssociation, lna Page 1 0(6
� , • ''��
1. Definitions, The following terms are commonly used in this Lease;
1.1. "Resldents" are those listed in "Resfaents" above who sign
this Lease and are authorjzed to live in the apartment,
1,2. "Occupants° are those listed in this Lease who are also autho-
rized to Ilve Ilt the apartment, but who do not sign this Cease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including"inthiSLeasemeans"indudingbutnotlimitedto:°
1.5. "Community Policies"are the written apartment rules and
policies, Inclu�ing property slgnage and (nstructions for
eare ofour property and amenities,with which you,your
occupants, and your guests mustcomply.
1.6. "Rent" Is monthly base rent plus additional monthly
recurring fixed charges.
1.7, "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provislons,
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with tHis Lease; you'll receive access
information or devices foryour apartment and mailbox, and
other access devlces induding:
2.2. Measurements.Anydimensionsandsizesprovidedtoyou
relating to the apartment are only approximations or
estimates; actual dimensions anc{ sizes may vaiy.
2.3. Representations.Youagreethatdesignatlonsoraccredl-
tations associated With the property are subJed to change.
3. Rent.YoumustpayyourRentonorbeforethe1stdayofeach
month (due date) withoufdemand. There are no exceptions
regarding the paymentofRenf, and you ngree not paying Renton
oYGefore the 1sf ofench month is a material brenrh of this Lease:
3.1. Payments.YouwillpayyourRentbyanymeth.od;.manner
and place we specify in accordance with thfs Lease,
Caslris n ot accepta6/e withou t o ur prior wri f ten
permisslon. You cannot wlthhold or offset Rent unless
authorized 6ylaw. We may, at our.option, require at any
time that you pay Rent and other sums due in one single
paymerit by any method we specify.
3.2. Application of Payments. Paymept of each sum due is an
independent covenant, Which means payments are due
regardless of our performance: When we receive money,
other than Waterand!rtastewater payments subject to
govemment regulation, we may apply it at our optloh and
withouG notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notatiorls on
checks or money orders and regardless ofwhen the
obligations arose. All sums other than Rent and late faes are
due upon our deman,d. After the due date, we do not have
to accept any payments,
3:3. LateFees.lfwedon'treceiveyourmonthlybaserentinfull
when it's.due, you must pay late fees as ouNined in Lease Details,
3;4.
3.b.
3.6,
Returned Payment Fee, You'll pay the.fee listed in Lease
Details for each returned check or rejected elecfronic
payment, plus initiai and daily late fees if applicable, until
we receive full payment in an acceptablemethod,
Utilitles and Service;,You'll payforall utilities and services,
related deposits, and any charges or fees when they are due,
and as oudlned in this Lease,Television.channels that are
provlded may be changed during the Lease term if the
change applies to all residents.
Ifyou� electricity is interrupted, you must use only battery-
operated Ilgh4ing (no flames). You must not allowany
utilities (other thamcable or Internet) to be cut off or
switched for any reason—including disconnection for not
paying your bills—until the Lease term or renewai peHod
ends.lf a utility is individually mekered, it must be connected
in your name and you must notify the providerofyour move-
out date. Jfyou delay getting service turned on in youc name
by this Lease's start date.or cause it to be tiansferred back (nto
our name beforeyou surrenderor abandon the apartment,
you'll be Ilable for the charge Ilsted above (not to ex�eed $50
per bllling perfod), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you,
�fyour apartment is IndivldUally metered and you change
you� retail electric provider, you mustgive us written notice,
You must payall appllcable providerfees; including anyfees
to change service back Into ournameafteryou move,out.
Lease Changes, Lease changesareonlyallowedduring the
Lease term or renewal period if govemed byPar.10, specified
imSpecial 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 hecome effective with at
least5 days plus the number of days' advance notice contalned
in BoxFon page 1(n writing from us to you. Your new Lease,
which maylndude increas,ed Rentor Leasechanges,will begln
on thedate stated in any advance notice we provide (without
needing your signature) unless you give us written move-out
noHce under pa c 25, whic�i applies only to the end of the current
Lease term or renewal period.
Apartment Lease Contrac[Q2023, TexasApartment AssociaUon, Inc.
. AutomaticLeaseh��iewalandNoticeofTerminatlon.ThisLease
will automatically renew month-to-month unless either party glves
wrltten notice of termination or Intent to move out as required by Par.
25 and specified on page 1. Ifthe numberof days Isn't filled in, no-
tice ofat/east30 days isrequired..
. Security Deposit. The total seturity deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
deslgnated in an anim@I addendum.5ecurity deposits may noYbe ap-
plied to Rentiwithout our prlorwritten consent.
5.1. RefundsandDeductions.Youmustafveusyouradvance
notice of move out as provided by Par.25 and forwardfnq
address in writing to receive awritten description and
itemized list of charges or refund. In accordance with this
Lease and as allowed 6y law, we may deduct from your
securitydeposit anyamounts due underthis Lease.l�ou
move out earl�r in re�onse to a notice to vacate, vou'116e
lidble forrekeyin4 charqes. Upon receipt ofyour move-out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
aaounting of any deductlons, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
qny refund may be by one paymentjointly payable to all
residentsand distributed to any one resfdent we choose,
or distri�uted equally among all residerits.
i. Insurance. Ourinsurance doesn?coverthelossofordamnge to
yourpersonal property.You will be required ro have liability insur-
ance as specified in this Lease unless othePwise prohibited by law. If
you have insurance covering the apartment oryour personal belong-
ings at the time you orwe suffer or allege a loss, you agree to require
your insurance carrierto waive any Insuranceaubrogation rights.
Even if not requi�ed, we urge you to obtain your own insurance for
lossesdue to theft; fire, flood,water, pipe leaks and similar occurrenc-
es. Most renter's insurance pollcies don't cover IosSes dueto a flood.
�. Reletting and Early LeaseTermination, This Lease may not beter-
minated early exceptas p�ovided in this Lease.
7,1. RelettingCharge,You'llbellableforarelettingchargeas
listed In Lease Details, (not to exceed 8540 of the Highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
ar fail to give written move-out notice as required in Par. 25;
(B) move out wfthout. paying Rent in full foethe entire Lease
term or renewalperiod; (C) move out af our demand because
of your defaulh or (D) arejudicially evicted.The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your o6ligations under this Lease,
indudin9 Ilability for future or past-due Rent, charges for
damages or other sums due.
The reletting charge isa liquidated amount covering only
part of our damages—for our tlme, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hacd to ascertain—particularly
tNose Yelating to inconvenience, paperwork, advertisfng,
showing apartments, utilities for showing, checking pros-
pects, oVerhead, marketing costs, and locator-service fees.
You agree that the reletting charge is a reasgnable estimate
of ourdamages and that the eharge is due whether or not our
reletting attempts succeed.
7.2, Early LeaseTermination Option Procedure.ln addition to
your termination tights refeYred to IN3 or 8t1 helow, ifthis
provision appliesunderLease Details, you may opt to
termi n ate this Lease prior to the end of the Lease term if alf of
the following occur. (a) as:outlined in Lease Details; you give
us written notice of eady termination, pay the Early Termina-
tion Optfon fee in full an.d specify the date bywhich you'll
move out; (b) you are not in default at any time and do not
hold over, and (c) you.repay all rent concessions, credits or
discountsyou received during the Lease termJfyou are in
default, the Lease remedies apply.
7.3, SpecialTerminationRights.'Youmnyhavetherlghtunder
Texas law to terminate this Lease early In certaln sl tuations
invol ying miAtary d e ploymen t or transfer, /amily violence,
certn7n sexun! olfenses, stalking or deatii of a sole residen t,
8.. DelayofOccypancy.Wearenotresponsibleforanydelayofyour
occupancy causedby constructlon, repairs, deaning, or a previous
resident's holding over. This Lease will remain in force subject to
(�) abatement of Rent on a daily bas(s during delay, and (2) your right
to termfnate this Lease in writing asset forth below. Rent abatement
and Leasetermination do notapplyifthe delay is forcleaning or re-
pairs that don't prevent you from moving intothe apartment,
8,1. Termination.IfwegivewrlttennoticQtoyouofadelayin
occupancy when or after this Leasebegins, you may terml-
nate this Lease within 3 days after you receive wrltten notice,
Ifwe give yoU written notice before the date this Lease 6egins
and the notice states that a constructlon or other delay is
expected and that the apartment will be ready for you to
occupyon a specific date, you may terminate this Lease within
7 days after receiving writterrnotice.
After proper termination, you are entitled only to refund of
any deposit(s) andany Rentyou paid.,
Page2o(6
9. Care of Unit and Damages. You must pr�,.�pt�y pay or relmburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other mnduct by
you, your inVitees, your occupants, or your guests; or, as allowed by
law, any other cause notdue to our negligence or fault, except for
damages by acts of God to tlie extent they couldn't be mitigated by
your action or inaction,
Unless damage or wnstewaterstoppage is due to ourviegliQence,
we're notliable for—and you must pay for—repairs and repince-
ments occurring during fhe Lease term orrenewal perlod, indud-
ing: (A) damnge from wastewaterstappages caused by improper
objectsin lines exclusivelyserving yourppnrtment; (Q) damnge to
Aoors, wlndows, orscreens; and (C) damage from windows ordoors
left open.
. �
10. ComrhunityPolicies.CommunityPo/ictesbecomepartofthls
Lense qnd mustbe followed. We may make changes, Including addi-
tions, to ourwritten Community PoliciAs, and those changes can be-
come effective immediately ifthe Communify Policies are distributed
and:appllcable to all units in the apartment communitgand do not
change the dollar amounts owed under th(s Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, Image or video taken ofyou while
you are,using property common areas or participaHng in
any event sponsored by us.
10�2, DisclosureoflnformatiomAtoursoleoption,wemay,
but are not obligated to, share and use information related
Fo this Lease for law-enforcem2nt, governmental, orbusiness
purposes. AYour request, you authorize any utility provider to
give us information about pending oraetualmnnectlons or
disconnections of utility servlce to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our solejudgment have been
ylolating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visjtors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herselfas a resident, an authorized occupant,ora guestof
a specific resident in the community.
Anyone not listed in this Lease cannot stay in tfie
apartmentformorethan 2 daysinoneweek
without our prior wr(tten consent, and no morethan twlce
that many days in any one month, If the previous space
isn'tfilled in, Zdays total perweek will be the Ilmit,
10,4. NoticeofGonvictionsandRegistration.Youmust
notify us within 15 days ifyou o� any of your occupants:
(A) are convicted of any felony, (B) are convlcted of any
misdemeanor Involvi,h9 a controlled substance, vlolence to
another person, or destruction of properry, oY (C) register as a
sex offender:.lnforming us of a crim(nal conviction or
sex-offender registration doesn`twaive any rights we.may
haveagainstyqu,
10.5. Odors, Noise and Gonstruction. You agree that odor3
and smells (induding those relafed to cooking),
everyday noises or sounds related to repair; renovation,
fmprovement, or construction in or around the property
are all a normal partof a multifamily living enVironmenYand
that R is impractical for us to prevent them from penetrating
yourapartment.
11. Gonduct; You agree to communicate and conduct yourself in a law-
ful, courteousand reasonable mannerat all times wlien interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable commynication qr
conduct by you, your occupants orguests is a breach of this Lease.
You must use customary diligence in mdfntaining theapartment,
keeping it in a sanitary conditlon and not damaging or littering the
common areas.Trash musY6e disposed of at least wee€cly. You will
use your apartment and all other areas, fnduding anybalconies, with
reasonable care..We may regulatethe use o.f passageways,patios,
balGonles, porches, and activfties (n common areas:
17.1. ProhibitedConduct.You,youroccupants,andyourguests
will not engage in certain prohibited condud, induding the
following activities:
(a) criMinalconduct;manufacturing,delivering,or
possessinga controlled suUstance ordrug parapher-
nalia; engagfng in orthreatening violence; possessing
a weapon prohibited bystatelaw; discharging afirearm
in the apartment community; or, exceptwhen
allowed by law, displaying or possessing a gun, knife,
or other weapon Ih the common area; or in a way that
may'alarm others�
(b) behaving in a loud, obnoxious or dangerous manner;
(c) disturb��,y or threatening the rights, comfort, health, safety,
orconvenience ofothers,lnduding us,ouragents, orour
representatives;
(d) disrup(ing our business operations;
(e) storing anything in closets contafning water heaters or
gas appliances;
(� tamperingwithutilltiesortelecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) usingwindowsforentryorexit;
(i) heating theapartmentwfth gas-operated appliances;
Q) making bad-faith or false allegations agalnst us or our
agents to_others;
(k) smoking of any kind, that is not in accordance withthfs
Lease;
(q using glass containers in or near pools; or
(m) condu<ting any kind of business (including child-care
servkes) in your apartment or in the apartmenP
community—exceptforany,lawful business
conducted "at home" by computer, mail, ortelephone if
customers, cllents, patients, employees or other
buslness associates do not come fo your apartment
for busihess purposes.
12, Animals. No living creatures ofanykind are nllowed, even tempo-
rarily, anywhere in the apartment or apa�tmenCcommunity un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees a�dadditional
monthly rent; as applicable: An animal deposit Is considered a gener-
al securitydeposit, You representthatanyrequests, statements and
representations you make, induding those for an assistance,or sup-
port animal, are true; accurote and made In good faith. Feeding stray,
feral or wild animals is a 6reach of this Lease.
12.7. Removal of Unauthorized Animal. We may remove an
unauthorized animal by(1) leaving, in a conspiwous
place in the apaYtment, a written' notice of our intent to
remove the animal witfiin 24 hours; and (2) following the
procedures of Par,14: We may: keep or kennel the animal;
turn the animal over to a. humane society, local authority
or rescue oYgahization; or retuYn the animal to you if
we consent to your request to keep the animal and you
tiave completed and signed an Animal Addendum and
paid all fees, When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12,2. Violafions of Animal Policies and Charges, Ifyou or
any guest or occupanCViolates the animal restrictions of
this Lease or out Community Policies; you'll be subJect to
charges, damages, eviction, and other remedies
provided in this Lease, Induding animal violation charges
listed In LeaseDetafls from the date the animal was
brought intoyour anartment until it is removed. lfan
animalhas been in the apartment at anytime during
your term of ocwpancy (with or without our consent),
we'll charge you for all cleaning and repaie costs,
induding deFleaing, deodorizing, and shampooing. Initial
and daily animal-violation charges and animal-removal.
charges'are liquidated damages for ourtime,
inconvenience, and oyerhead in enforcing animal
restrictions and Community Policies.
13.
Packing. You may not be guaranteed parking. Wemay regulate the
4ime, manner, and place of parking of all motorized vehides and
othermodes of transportation, includfng fiicydes and scooters, in
this Lease; Inaddition to other rlghts we have to tow oY boot vehides
under state law, we also have the rightto remove, at the expense of
the vehicle owner or operator; any vehicle that is not in complfance
with this Lease:
When We May Enter. Ifyou or any other resident, guest or occupant
is present, then repair or service persons, contractoCs, law officers,
govemment tepcesentatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and a# reasonable tlmes (by breaking a window ot other means
when necessary) for reasonable business purposes if written notice of
the entry is left (na conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we Cnay, but are not obligated to, give prior notice or
make appolntments.
iCl�
Apar tment Lease Conlract @2023, Texas Apa rtment Assodatlon, Inc Page 3 of 6
15. Requests, Repair; and Malfunctions.
15.7.
158.
Written Requests Required, If you orany occupant needs
fosenda request—forexnmple, forrepnirs, installnt7ons,
services; ownership disclosure, orsecurity-relatedmnfters—
itmust be written and delivered to ourdesignafed
representativeln aaordance with thisLense (exceptfor
fair-housing accommodatlon or modification requests or
situations fnvolying imminent danger or 4hreats to health or
safety, such as fire, smoke, gas, explosion, o� cYime in
progress), Our written notes regarding your oral request do
not constitute a written request f[om you. Our complying
with or respondfng to any oral requestdoesn'twalve the strlct
requirement for wCltten notices under this Lease. A request
{or maintenance or repair by anyone residing In your
apartment constitutes a request ffom all residents, The time,
manner, methodand means ofperforming maintenance
and repairs, induding wt�etheror which vendors to use,
nre within oursale discretion.
Your Requirement t4 Notify. You must promptly noti(y us in
wriEing of air mnditioning or heating problems, water leaks or
moisture; mold, electrical problems, malfunctioning lights,
broken or missing locks or Iatc{ies, oY anyother condition that
poses a hazard orthreatto property, health� or safety. Unl,ess
we. instruct otherwise, you are required ko keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergendes.
15.3, Utilities. We may change or install utllity lines oY
equlpment serving the apartment if the work Is done
reasonably without substantially increasing your
utility costs. We may tum off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies, If utilities.
malfunction or are damaged byfire,water,orsimilar
cause, you must notify our representative Immediately.
15.4. YourRemedies.We'ilactwlthcustomaCydiligenceto
make repairs and reconnections Within a reasonable
time,taking into consideration when casualty-insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equlpment 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 availability of materials, labor, and
utilitfes: Ifwe fail to tirnelyrepairn �ondifion that
mnterlally affectsthe physlcal health orsafety of nn
ordinary resident as required by tfie Texas Property Code,
yo u may be entltled to exercise remedies under 4 92.056
and 5 92.0567 of the Texas Prap erry CodeJf you follow
the protedures wider fhose sectlons, the foflowing
remedies, amon9 others, maybe available toyoir.
(1) terminatjon of tliis Lense gnd an appropridte refund
under92:056(fJ; (2) 6aye the condition repaired or
remedied according to § 92:0361; (3) deduct from theRent
the cost of th e repqir or remedy a ccording to 4 92.0561;
and q) judlcial remedles according.ta g 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If in oursolejudgment, damages to the unit'or building are
significant or p,erformance of needed repairs poaes a dangertoyou,
we may terminatedhis Lease and your right to possession bygiving
you at least 7 days' Written notice. If termination occurs, you agree
we'll refund only ptorated rent and all deposits; minus lawful deduc-
tions.lNe may.removeand dispose ofyour personal properry if, in
our solejudgment, it causes a healtfi or safety hazard or impedes our
ability to make repairs.
16.7, PropertyClosure.Wealsohavetherighttoterminate
tFiis Lease and your right to possession by giving you at
least 30 days' written nqtice of termination if we are
demolishing your apartment or closing k and it will no
longer be used for resldential purposes for at lea.st 6
months, or if anypart of the property becomes subjectto
an eminentdomain proceeding,
17, Assignmentsand'Subletting.YoumaynotassignthisLeaseorsub-
let your apartment. You agree thatyou won't rent, offer to rent or
license all or any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in writing, You agree thatyouwon't
accept anyEhing ofvalue from anyone e�se for the useof any part of
yourapartment. You agree notto list anypareofyourapartment on
any lodginq or sliort-term rental website or withany person or ser-
vice that adverti3es dwellings fo� rent.
18. Securityand Safety Devices, We'll �ay for missing security de-
vicesthatarerequlred�law You'I�avfor'(Alrekeyfnqthat
you re�c uest (unless we falled to relcey aftertlie prAvious resi-
dent moved out)� and (81 repairs or replacements beCause of
misuseordamayebyyouoryo�rfamily youroccupants;oryour
uq ests•You.mustpayimmediatelyake�theworkisdoneunless.state
law authorizes advance payment. You musf also pay inadvance for
any additional or changed security devices you request.
Texas PropertyCo. .ecs. 92.151, 91.753, and 92.154Yequire, wlth
some exceytions, that �ye pravide ntno cast to you when occupnncy
begins; (A) a wlndowlntch on each w)ndow,� (6) a daovviewer (peep-
hole or window) on each exteriordoor,• fC) n pin lockon each sliding
door,• (D) eithera door-handle latch ora security 6nr on each sllding
door, (E) a keyless bolfing device (dendbolt) on eacB exteriordoor,
and (F) eithera keyed doorknob /ockorakeyed deadboltlock on
one entryAoor. Keyedlocks will Ge rekeyed a(terthe priorresldent
moves out, The rekeying wlll be done elther 6e(are you move in or
within7 days after you move in, as req4�ired by law. If we fail to in-
stnll or rekey securi ty devices as required by la w, you have the righ t
to do so and deduct the reasonable cost from yournexfRent pay-
ment underTexas Properfy Code sec.92,165(7J. We maydeactivate
or not install key/ess bolt ing devlces on yaur doors If (A) yo u or an
occupant in the dwelling !s over 55 or disp6l ed, anA (B) tNe requlre-
ments ofTexasProperty [ode sec. 92.153(e) or (f) are satisfied,
18.1. SmokeAlarms and betection Devices. We'll furnish
smoke alarms or other detection devlces required by law
or city ordinance. We may install addltional detectors.
not so required. We'll test them and provide working
batteries when you firsttake possesslortofyour
apartment. Upon request, we'll provide, as required by
law; a smoke alarm capable of alerting a pefson with a
hearing impalrment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occu pants may
disable alarms or detectors, lfyou damage ordisable the
smoke alarm or remove a bnttery withoutreplacing it
with a working battery, you may tie liable to us under
Texps Property Codesec. 91:2611 far$100p1us ane
monfh'sRent acfualdnmages,andattorneysfees.
18,2. Duty to RepoPt. You must immedlately report to us any
rpissing, malfunctioning or defective securlty devices,
smoke alarms or detectors. You'll be liable ifyou fail to
repoYt malfunctlons, or fail to report any loss, damage, or
fines resulting froin fire, smoke, orwater,
19. Resident5aferyandloss.UnlessothenvJserequlredbylaw,none
of us, ouY employees, agents, or man agement companies nre Irable
to you, your guests or occupants for an y dama9e, �ersonal injury,
loss to peYsonal property, orloss of 6usiness orpersonal income,
from anycaqse, )nduding �uEnotlimited totnegligent orintent!'on-
al actsofresidents, occupants, orguests; thek, 6urglary, assault
vandnlism orothercrimes; fire, flood, waterleaks, rain, hnil, lte,
snow, smoke, lighthing, wind, explosions, inteYruption of utllifies,
pipeleaks oC otheroccwrences unlesssuch damage, injury or/oss is
caused exduslvelybyournegligence.
We do notwarrantsecurityofanykind. You agree thatyou will not
rely upon any security measures taken by us for personal searity,
and that you will cap 911 and local law enforcement authorities if any
security needs arise.
You acknoWledge thatwe aie nof equlpped or trained to provide
personal security services 10 you; your guests or occupants. You rec-
ogn(ze that we are not required to provide any pri4ate securlty ser-
vlces and that no security devices or measures on the property are
fail-safe, You further acknowledge that, even if an alarm or 9ateame-
nities are provided, they are mechanical devices that can malfuno-
tlon, Any charges resulting from the use of an Intrus(on alarm will be
charged to you, induding, but not limited to, any false alarms with
pollce/fire/ambulance response or other required dty charges.
20. Cond(tionofthePremisesandAlterations.
20.7
20.2.
As-Is. We dlsclaim all implied warrant(es, You accept the
apartment, fixtures, and furniture as Is, exceptfor
conditions materially affectin9 tfie health. or safety of
ordinary persons: You'll be glven an Inventory and
Condition Form at or before move-in.:You agree that
after complet(on of the form or within 48 hours after
move-in, whichevet comes first, you must note on the
form all defects or damage, sign the form, return itto
us, and the form accurately reflects the conditlon of the
premises for purposes of determining any refund due to
you when you move out.Otherwise, everything will be
mnsidered to be Tn a dean, safe, and good working
conditfon. You muststill send a separate request forany
repairs needed as provided by Par.15.1.
Standard; and fmprovements. Unless authoYized by
law or by us in writing, you must nofperform any repafrs,
painti.ng, wallpapering, carpeting, eledrica,l chahges, or
otherwise alter our property. No holes or stickers are
allowed Inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sfieetrockwalls and In
grooves ofwood-paneled walls. No water fumiture, washfng
machines, dryers; ext[a phone or television outlets, alarm
systems; cameras, two-way talk device, video or other door-
Apaflment Leas e Conlract 92023; TeXas Apartmen J 7�ssodatlon, Inc Page 4 of fi
bells, or lock changes; additions, o. ..:�ceying Is permitted,
unless required by law orwe've consented inwriting.You may
install asatellite dish ot antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
withreasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, dejection devices, appliances, fumiture, telephone
ancJ television wiring, scr.eens, locks, orsecurity devices, When
you move In, we'll supply Ilght bul6s for fixtures we furnish, in-
cluding exterior fixtures operated from Insidethe apartment;
afterthat, you'll replace them atyourexpense
witfi bulbs of the same type and wattage. Your improvements
to the apaYtment (made with or without oUrconsent) become
ours unless we;a9ree otherwise in wrlting.
Notices. Written notice to or from our employees; a.qents, or
management companies constitutes nof(teko or from us. Notices to
you or any other re3ident of4fie apartment constitute noticeto all
residents: Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of �ease termination
and intent to rriove out under'Par. Z3. All'notices and dowments will
be in English and, aC our optfon, in any other language that you read
orspeak.
21.7. Electronic Notice. Notice may 6e given elect[onically by
us to you ifallowed by Idw.lf allowed by law and in
accordance with this Lease, eleckronic notice from you to us
must be sentto the email address and/or portal spedfied fn
this Lease. Notice may also be given by phone call ot to a
physical address if allowed in this Lease.
You represenf that you ,have provided your current email
address to us, and that you wlll notify us in the eventyour
email addresschanges.
� � • � 24.
22. Liability.Eachresidentisjointlyandsevera�lyliableforallLease
obligafions.lfyou orany guest or oceupant:diolatesthis Lease orour
Community Polides; all residents are considered to have violated this.
Lease.
22.1, IndemnificationbyYou.Yqu'llde(end,lndemnifyandho/dus
and our em ployees, agents, and managemenf cornpany
harmfess from alllla6ilify arising:from yourconductor
requeSts fo ourrepresentati¢es and (rom the conduct of or
requests 6y your in yitees, ouupanfs or guests:
23. Default by Resident,
23.1.
23.2,
Acts of Defaulf. You'll lie Ih default if: {q) you don't
timely pay Rent, induding monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violatesthis Lease,our Community Po9icies,
oT fire, safety, health, criminal or othet laws, regardless of
whether or vwhere arrest o� conviction occurs; (C) you
give incorrect, incomplete,orfalse answersin a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, eonvicted, or given deferred
adjudication or pretrial diversion for (7) an offense
involying actudl or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
subst2nce, mariJuana, ordrug paraphernalla as definec�
in theTexas Controlled Substanres Act, or (2) any sex-
telated crime, Induding a misdemeanor.
Evictlon. If you default ln��uding Itolding over, we may
end your right of occupan cybygivtng you a t least a 24-
hour written notlre to vncate. Termination ofyour possession
rightsdpesn't release you from liability for future Rent or
other Lease oblfgations:After giving notice to vacate or
filing an evicfio.n suit, we mqy still nccept Rerit or ofher
sums due;the filin9 orncceptance doesn'twaive or
diminish our-rightofevlet(onoranyothercontractuafor
stntutoryright. Accepting money atahytime does�'t waive
ourtight to damages, to past or future Rent or other sums,
orto our mntinuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleratlon, Unless we electnot to accelelate Rent, all
monthly.Rent fot the rest of the Lease term or reneWal
period will be accelerated automaticapy wlthout notice
or demand (beFore or after acceleration) and will be
immediately due if, without ourwritten tonsent: (A) you
move out, remove property in preparing to move out,
oryou oranyoccupantglyes;oral orwritten notice of
intent to move ourbefore the Lease term or renewal
perlod ends; arld (B) you .haven't paid aII Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you'rejudicially Qvicted or moye
' out when we demand because you've defaulted.
If you don't ,...y! the first month's Rent when or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and 6etome immediately due. We
also may end you r right of ocapancy and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23.4. Holdover, You and all occupants mustvacate and surrender
the apartment 6y or before the date contained in; (1) ypur
move-out notice (2) our notice to vacate, (3) our notice of
non-renewal, or (4) a written agreement spedfying a different
move-out date, Ifa holdover occurs, then you'll be liable to us
for all Rent for tfie full term of fhe previously signed lease ofa
new resident who can't ocapy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
235. Other Remedies. We may report unpaid amountsto
credik agencies as allowed bylaw. IFwe or our debt
collector trles to collect any money you owe us, you
agree that we orthe 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 thafhave been applied to your account,
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpald amounts you owe bear
interest at the rate provided byTexas Finance Code Section
30R.003(c) from the due date. You must pay all collection-
agency fees ifyou fail to pay sums due within 10 days after
you are mailed a letterdemanding paymenk andstating that
collection-agency fees will be added if you don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our tlme, cost and expense for any
evidion pfoceeding agalnstyou, plus our attomey's fees and
expenses, court costs, and filing fees actual[y paid.
Representatives' Authority and Waivers. Durrepresentntives (in-
cluding mnnagenient personnel, employees, and Agents) have no
authorit y to waive, amend, or terminate this Lease or any part ofit
unless in wr/ting and signed, and no auth ority to make promises; rep-
resentatlons, oragreements thntimpose securitydutles or otherob-
ligations on us orourrepresentafives, unlessin wrlting nnd signed.
No actfon oromissfon by us will be considered a waiver ofour rights or of
any subsequent violation; default, or tlme or place of performance. 0ur
choice to enforce, not enforce or delay enforcemen t of w�itten-no-
tice requirements; rental due dates, acceleration, liens, oranyother
rlgh ts lsn't p waiver under any dreumstances. Delay in demand(ng
sums you owe is noEa waivec Except when nodce or demand is reryuired
by law, you Waive any notice and demand for performan�e from us ifyou
default. Nothing in this Lease mnstitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.,
All remedies are cumulative. Exercising one remedywon'ttonstitute
an election or waiverof other remedfes. All provisions Cegarding our
nonliability or nonduty ap.qlyto our employees, agents, and manage-
ment companies. No employee, agent, or management cornpany is
personally liablefot any ofout contractual, statutory, orotherobliga-
tions merely by virtue of acting on ourbehalf:
�•
25. Mope-OutNotice, Beforemovingout,youmustgiveourrepresen-
tative advance written move-outnotice assfatedin PpY. A; even if
this Lease hns 6ecome a month-to-month lease. The move-out date
can't be changed unless we and you both agree (n writing.
Yourmove-outnoEice mustcomplywith each ofthe following:
(a) Unless we require more than 30 days' notice, if you give
notice on #he first day ofthe month you intend to move
out, move outw�ll be on the last day ofthat month.
(b) Your move-o�t notice mustnot terminate this Lease
before tlie end of the Lease term or renewal period.
(c) If we require you to give us more than 30 days' wrltEen
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more tha,n 90 days before your dead4ne for 9ivin9 us.
your written moJe-out notice. If We fail to �ive a rem(nder
nptice, 30 days' wrltten notice to move out is requlred.
(d) You must get frotii us a wrltten acknowledgmentofyour
notice.
26. Move-OutProcedures.
2fi.1, Cleaning,Youmustthorqughlydeantheapartment,induding
doors, windows, furniture, 6athrooms, kitchen appliance5,
patios; balconies, garages, carports, and storage rooms. You
must follow moye-out cleaning instructions if they have been
provided. Ifyou don'tclean adequately, you'll be liablefor
reasonable deaning charges—induding charges fordeaning
carpets, tlraperies, fumiture, walls, etc. thatare soiled beyond
Apartment Lease Conlroct o2023, Texaslipaitmenl Association, Inc. Page 5 of 6�
normalwear(thatis,wearorsoilii 3toccurswithout
negligence, carelessness; accident, �r abuse).
26.2. Move-Out Inspection: We may, butare notobligated to,
provide a Joint move-out inspection, Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final Accounting or rAfunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move-o�t date has passed and no one is living in the
apar[ment in our reasonablejudgment; or (B) apartment keys and ao-
cess devices Ilsted In Par. 2.1 have been turned in to us—whichever
happens first.
You have abnndoned the apartmentwhen all of the following have
occurred: (Aj everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, orwater, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice leff on the inside of
the main entry door stating that we consider the apartment dban-
doned. An apartmenk Is also considered abandoned 10 days afterthe
death of a sole residenC.
27.1.
27.2.
The Ending of Your Rights. Surrender, abandonment, or
judicial evfdlon ends your right of possession forall'purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security-deposit
d ed uctlons; and remove or store qroperty' left in (he apartment.
Removal and Storage of Prop�rty. We, or law off(cers, may—
but have no dutyto—remove or stor� all property that in our
solejudgmentbelongs toyou and remains in tlie apartment
or in common areas (induding any vehicles you or any
occupant orguest owns or uses) after you'rejudicially evicted
or.ifyqusurrenderorabandonkheapartment.
We're not liable for casualty, loss� damnge, or theft, You
musf pay reasonable charges for our packing, removing and
storing any property.
Except foranimals, we may throw away or give to a chari(able
organization all personal propertythat is;
(1) left in the apartment a.fter surrender or abandonment; or
(2) left outside more than 1 hour a8er wtit of possession is
executed,followingjudicfal eviction.
An ani�nal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or resae organization.
•� � �
28, TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of b6th theTexas Apartment Association and the affiliated
local aparhnent association forthe area wher�.the apartment is
located at tlie time of signing this Lease: If not, the followingapplies:
(A) this Lease is voidable at youc,option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent orother charges. The above remedfes also apply if both
of khe following occu�; (t) fhis Lease is auEomatically renewed on a
month-to-month basis more than once after membeYship inTAA and
thelocal association has lapsed; and (2) neitherthe owner northe man-
agement company is a member ofTAA and the local association during
fhe third automatic renewal. A signed'affidavit from the affiliated local
apartmer�t assoclation attesting to nonmembershipwhen this Lease
or renewal was signed will be conclusive evidence ofnonmem6ership.
Govemmental e,ntities may use T.AA forms if TAA agrees in writing.
Name, address and telephone num6er of locator service (if applicable);
29. Severabilityand Survi�ability:lfany provision ofthis Lease is inyal-
itl or unenforceable under applicable law, itwon't invalidate the re-
mainder of this Lease or change the intent of tlie parties. Paragraphs
10,1;10,2, 76, 22.7, 27, 30 and 39 shall survive the terminahon of
this Lease. This Lease binds subsequent owners,
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligaflons must be brought in the
county, and precinct (f applicable, where the apartment is located.
31. Waivers. By slgning this Lease,you agree to the folloWing;
31.1. ClassActionWaiver:Youagreethatyouwillnotparticipate
in any class actlon claims ageinst us or our employees� agents,
or management company.:You must file any claim agalnst us
individually, and ydu expressly waive your rlght to bring,
represent joinorotherwiseme�ntainaclnsiaction,
callective actian or similnr praceeding agninst'us in
nn y forum.
YOD UND- 'ANDTHAT WITHOUTTHISWANER,YOU
COULD UE H PARTY IN A CLASS ACTION LAWSUIT. !3Y
SIGNINGTHISLEASE YOUACCEPTTHISWAIVERAND
CHOOSETO HAVEANYCLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THETERMINATION OR EXPIRATION OF THIS LEASE.
31.2, ForceMajeure.lfwearepreventedfromcompletingsubstan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, Including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligallons to the fullest extent
allowed byJaw,
32, Special Pravisions. The following, or attached Speclal Provislons and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any confll�ting provisions in this Lease.
We'll Aav for Trash and Pest Control.
You'l1 pay for water, waste and
electric, and anV charqes or fees on
such utilities and services durinq your
Lease term Residents are required to
recertifiv annuallv, Anv late pavments
must be paid in certi£ied funds only.
Total monthlv rent is $
Beforesubmitting a renfal application orsigning this Lease, you
should reviewthe documents and may consultan attorney. You are
bound by this Lease when it is signed. An electronic signature9s
binding.This Lease, including alfaddenda,is the entire agreement
between you and us. You agree that you are NOT relying on any
oralrepresentations.
Resident orResidents (all sign below}
(Name of Resident)
(Name of Resident)
(Name of Residerit)
(Name of Resident)
(Name of Resideht)
Date signed
Date signed
Date signed
Date signed
Date signed
OwnerorOwner4Re esen[at signingonbehalfofowner)
Aparlment Lease Conlfact, TAA 0(ficfal.5�atewlde Form 23-N69(B-2 Revised Oftober 2023� Page 6 of 6
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
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For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as
follows:
Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers
Community Housing Development Organizations (CHDOs) for affordable housing projects -
$414,471.60: These funds will be used by Housing Channel for an affordable housing development in
southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new
construction of 248 residential units comprised of the following: 125 Single Family attached
townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units
(approximately 42\%) will be sold to low to moderate income households at or below 80\% Area
Median Income (AMI). This funding is part of a multi-year commitment to Housing Channel for a total
of five years.
Major Projects - $2,000,000.00: Includes $1,000,000.00 allocated to the affordable housing project to
be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative
(CNI) grant and $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance -
Phase III
Administration - $276,314.40: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,626,781.00
Neighborhood Services Department - $945,620.00
Administration - $79,559.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $568,660.00
Administration - $46,108.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY CONSOLIDATED PLAN
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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