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HomeMy WebLinkAboutContract 61253-R1A1CSC No. 61253-R1A1 RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT NO. 61253 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and Daisy P. Khong ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 61253 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the Parties wish to renew and amend the Agreement as described below, including an amendment to: (1) restructure Section 3.2 and incorporate subsections 3.2.1 through 3.2.5; (2) incorporate rental obligations for the First Renewal Term; and (3) incorporate Section 4.2.3 HUD Program Year Funding to the Agreement. NOW THEREFORE, City and Landlord do hereby agree as follows: RENEWAL OF AGREEMENT The Parties agree to renew the Agreement for an additional one year -term beginning April 1, 2025 and expiring March 31, 2026 ("First Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. II AMENDMENTS TO AGREEMENT 1. Section 3.2 of the Agreement is hereby deleted in its entirety. The Section has been restructured to incorporate subsections 3.2.1 through 3.2.5 and will read as follows: 3.2 Rent and Amounts Payable by City 3.2.1 Rent. Initial Term: The City has been notified that the Tenant's Total Rent during the Initial Term is $1,619.00 per month for the Unit. From April 1, 2024 to April 30, 2024, Tenant shall be responsible for $0.00 of rent per month. From May 1, 2024 to March 31, 2025, Tenant shall be responsible for $718.00 of rent per month for the Unit. CSC No. 61253- Renewal One and Amendment One Page 1 of 6 CoFW and Daisy P. Khong • From April 1, 2024 to April 30, 2024, City shall be responsible for $1,619.00 of rent per month. From May 1, 2024 to March 31, 2025, City shall be responsible for $901.00 of rent per month. First Renewal Term: • The City has been notified that the Tenant's Total Rent during the First Renewal Term is $1,750.00 per month for the Unit. • Tenant shall be responsible for $909.00 of rent per month. • City shall be responsible for $841.00 of rent per month. A complete history of rental obligations due under this Agreement, per lease term, is included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. 3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord's signature on this agreement shall be a certification that: l . 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 CSC No. 61253- Renewal One and Amendment One Page 2 of 6 CoFW and Daisy P. Khong for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. In the event that the lease is provided to the City after the payment date, then Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day the lease is received by City. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 2. Section 4.2 of the Agreement, Termination of Landlord Services Agreement, has been restructured to incorporate subsection 4.2.3, HUD Program Year Funding. Section 4.2.3 will read as follows: 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. M. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. CSC No. 61253- Renewal One and Amendment One Page 3 of 6 CoFW and Daisy P. Khong [SIGNATURE PAGE FOLLOWS] CSC No. 61253- Renewal One and Amendment One Page 4 of 6 CoFW and Daisy P. Khong IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective April 1, 2025. FOR CITY OF FORT WORTH: d;�i� Dana Burghdoff (Apr 20251 . CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Apr 7, 2025 APPROVAL RECOMMENDED Name: Kacey Bess Title: Neighborhood Services Director APPROVED AS TO FORM AND LEGALITY Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. P"'al Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist FOR LANDLORD: Daisy Khon (Ap , 202514:29 CDT) Name: Daisy P. Khong Title: Landlord Date: Apr 3, 2025 ATTEST: U Name: Jannette Goodall Title: City Secretary Date: Apr 7, 2025 M&C No.: 24-0552 CSC No. 61253- Renewal One and Amendment One CoFW and Daisy P. Khong Page 5 of 6 Attachment A History of Rental Obligations by Lease Term Lease Term Initial Term First Renewal Total Rent $1,619 $1,750 Tenant's Portion From April 1, 2024 to April 30, 2024: $0.00 From May 1, 2024 to March 31, 2025: $718 $909 City's Portion From April 1, 2024 to April 30, 2024: $1,619 From May 1, 2024 to March 31, 2025: $901 $841 CSC No. 61253- Renewal One and Amendment One Page 6 of 6 CoFW and Daisy P. Khong Texas Residential Lea§e Agreement THIS A REEMENT (hereinafter referred to as the "Texas Lease Agreement") is made and entered into this day of—Lri1Q��, 20,L, by and between jag15� KHd 15L (hereinafter referred to as "Landlord") and (hereinafter referred to as "Tenant." For and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. PROPERTY. Landlord owns certain real property and improvements located at / (hereinafter referred to as the "Property"). Landlord desires to lease the Premises to Tenant upon the terms and conditions contained herein. Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein. 2. TERM. This Texas Lease Agreement shall commence on n -4/ — ,-,20 ;?-S— and shall continue as a lease for term. The termination date shall be on 0& ! - n at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Texas Lease Agreement in writing or create and execute a new, written, and signed Texas Lease Agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts new rent from Tenant after the termination date, a month -to - month tenancy shall be created. If at any time either party desires to terminate the month -to - month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of termination of the month -to -month tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date. Rent shall continue at the rate specified in this Texas Lease Agreement, or as allowed by law. All other terms and conditions as outlined in this Texas Lease Agreement shall remain in full force and effect. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). aX 3. RENT. Tenant shall pay to Landlord the sum of $ per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. Weekends and holidays do not delay or excuse Tenant's obligation to timely pay rent. A. Delinouent Rent. If not paid on the 1 st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. If Tenant fails to timely pay any month's rent, Tenant will pay Landlord a late charge of $ 15- per day until rent is paid in full. If Landlord receives the monthly rent by the 3rd day of the month, Landlord will waive the late charges for that month. Any waiver of late charges under this paragraph will not affect or diminish any other right or remedy Landlord may exercise for Tenant's failure to timely pay rent. B. Prorated Rent. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Form Downloaded from Rentalt-easeAgreements.com C. 3eturned Checks. In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if Tenant stops payment, Tenant will pay $r__ to Landlord for each such check, plus late charges, as described above, until Landlord has received payment. Furthermore, Landlord may require in writing that Tenant pay all future Rent payments by cash, money order, or rashler's check. D. Order in which funds are applied. Landlord will apply all funds received from Tenant first to any non -rent obligations of Tenant including late charges, returned check charges, charge -backs for repairs, brokerage fees, and periodic utilities, then to rent, regardless of any notations on a check. E. Rent Increases. There will be no rent increases through the Termination Date. If this lease is renewed automatically on a month to month basis, Landlord may increase the rent during the renewal period by providing written notice to Tenant that becomes effective the month following the 3011 day after the notice is provided 4. SECURITY DEPOSIT. Upon execution of this Texas Lease Agreement, Tenant shall deposit with Landlord the sum of $ , receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. REFUND OF SECURITY DEPOSIT. Upon termination of the tenancy, all funds held by the landlord as security deposit may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the terms of this Texas Lease Agreement or with any and all laws, ordinances, rules and orders of any and all governmental or quasi -governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. USE OF PREMISES. The Premises shall be used and occupied solely by Tenant and Tenant's immediate family, consisting of exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Texas Lease Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi -governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. ASSIGNMENT AND SUB -LETTING. Tenant shall not assign this Texas Lease Agreement, or sub -let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub -letting or license shall not be deemed to be a consent to any subsequent assignment, sub -letting or license. An assignment, sub -letting or license without the prior written consent of Landlord or an assignment or sub -letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Texas Lease Agreement. 8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Form Downloaded from RentalLeaseAgreements.com Landlord and remain on the Premises at the expiration or earlier termination of this Texas Lease Agreement. 9. NON -DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or Its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Texas Lease Agreement and all rights hereunder shall terminate. 10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 12. MAINTENANCE, REPAIR, AND RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Texas Lease Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; B. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; C. Not obstruct or cover the windows or doors; D. Not leave windows or doors in an open position during any inclement weather; E. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; F. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; G. Keep all air conditioning filters clean and free from dirt; H. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; I. Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; J. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; Form Downloaded from RentalLeaseAgreements.com K. Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; L. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them. 13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Texas Lease Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Texas Lease Agreement continue according to its terms. 14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Texas Lease Agreement and any renewal thereof to enter the Premises for the following purposes: A. Inspect the Property for condition; B. Make repairs; C. Show the Property to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; D. Exercise a contractual or statutory lien; E. Leave written notice; F. Seize nonexempt property after default. Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this Lease or any renewal period. If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default. 15. SUBORDINATION OF LEASE. This Texas Lease Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Texas Lease Agreement, a new tenancy from month - to -month shall be created between Landlord and Tenant which shall be subject to all of the, terms and conditions hereof except that rent shall then be due and owing at $ • e7t) per i Form Downloaded from RentalLeaseAgreements.com tenancy shall be termitlable upon fifteen (15) days Written notice t that such Tenant shall surrender e month and ex cep arty hereof, Texas served by either p expiration of the term mencement el this is 2 . Upon the exP were at the com by the elements gs 1 SURRENDER OF PREMISES. P condition as they damages e� the Premises in as good a state and v Bement, reasonable use and wear and tear thereof an % Lease Agreement, a separate written ���uding excepted. unless authorized by permit any animal,unclu ANIMALS, orarily. a% less ANIMALS. THERE WILL BE NO prop erty, even temp et restrictions of < 18. Addendum to this Residential Lease Agreement. Tenant shall no ON\#` Adde tales, per day Pef animal for each day or insects on the p birds, fish, rodents, reem��if tenant violates the p mammals, rep a separate written Pet Ag appropriate local otherwise agreed by to Landlord a fee of $ unauthorized animal. Landlord this Lease, ny Tenant will pay o be removed any unauthorized animal and deliver it to or sickness to any t not to Tenant of Landaeath intention to rem��e Tenant violates the animal restrictions as additional rent or a may remove or cause at least remove written harm, injury, hired cleaning to authorities by providing damage or required the unauthorized animal. Landlord will not al alndlforoallcosts Landlord may incur in removing or unauthorized animal. Tenant is responsible and liable for any Property caused by any unauthorized animal causing any unauthorized animal to be removed• unless authorized by a separate written 19. WATERBEDS. THERE WILL BE NO WATERBEDS, Waterbed Addendum to this Residential LeaseAgreement. NT. Tenant, up P Y reements contained herein ahold YME on a ment of all of the sums referred to herein as being 20 QUIET ENJO erformance of all Tenant's agreements and quietly have, payable by Tenant and Tenant's p regulation shall and may p Tenant's observance of all rules and and enjoy said Premises for the term hereof. of or to the Tenant, damage or injury the Premises or ants or employees or to any person entering 21. INDEMNIFICATIOests,anvitees, shall not be liable or an equipment, or in the structure or Tenant's family, g agrees to art, and Tenant hereby 9 kind the building of which the Premises are a part or to goods or equi equipment of the structure of which the Premises area p indemnify, defend and hold Landlord harmless from any and all claims or assertions of every and nature. 22. DEFAULT. if Landlord breaches this Lease, Tenant may seek any relief provided by law. If Tenant fails to comply with any of the material provisions of this Texas Lease Agreement, other than the covenant to pay rent, or of any y that may be present rules and regulations or an es imposed on hereafter prescribed by Landlord, s after delivery fails of written notice by Landlord specifying the Tenant by statute, within seven (7) days noncompliance and l this Texas Leaating the se Agreemeon of lnt. If Tenant the Lease by reason pay rent when due and Landlord may terminate the default Glance of rent payable)heareunder to be immediately due and payable andys thereafter, Landlord may, at Landlord's rd may, are the entire ba exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Texas Lease Agreement. 23. ABANDONMENT. If at any time during the term of this Texas Lease Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, re -let the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re -letting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Texas Lease Agreement during the Form Downloaded from Rentall-easeAgreements.com In force, and the net We W ►o'`�a continued s rigs °f reentry 0001 r .,,Mont had diord as°K 1 `� Lease A9feem re -letting. If Lan shalt consider a in � 1Kt tjo �'n, If this Texas s of such re- LondVerbeen abandoned, unexpired tam' Landlord by means Of by Tenant, to also ha shall ge nd►n I balance of theeriod realized by prem manner Landlord ent of the premises er" er rent for such p abandon Tenant and left on the roPertyo doing ny Yarn ode, is exercised foilowibelonging n fe on9in9 ersonal P so. to enforce for d f re,e n►er� personal property may dispose of el'i ved of all liability an attorney which case Landlord �s hereby t° emPlOy ainin9 P �, 1 d�^� proper and Landlord a necessary for Landlord of rentals in 9udin9 a or including the collectioso incurred, FEES. Should it becom all expenses 24 ATTORNEYS' Tenant agrees to pay Texas Lease any O Of the conditions, covenants hereo possession of the Premises, this record this s fee' Tenant shall Tec reasonable attorney ' GREEMENT• Tenant shall that or option, s of any Public office. In theor terminate equity OF TEXAS LEASE A at Landlord's P at law 25. RECORDING reement shall, remedies that it has this Texas Lease A9 hts and rem interpreted Agreement on t reemennt, Records Texas Lease A9 governed, construed and immediately and Landlord shall be ere d to Agreement shall be 9 This Texas Lease 26 GOVERNING LAW application thereof shall, by, through and under the Laws of the State of Texas• Agreement or the Provision of this Texas Lease A9 neither the remainder o es o acifcumst stances SEVERABILITY. If any p be invalid or unenforceable, persons, r circrn by law. 27. reason and to any extent, provision to other p eXtent permitted for any application of the p Lease Agreement nor the shall be affected thereby, but instead shall be enforced to the maxima tives, and assigns of the parties hereto. ovenants, obligations and conditions herein on shall be binding P8 BINDING EFFECT. The c al represent on and inure to the benefit of the heirs, leg headings used herein are for convenience„e rights DESCRIPTIVE HEADINGS. The descriptive have any whatsoever in determining 29• and they are not intended to have any reference only ender or or obligations of the Landlord or Tenant, where appropriate, either g CONSTRUCTION. The pronouns used herein shall include, 30. both, Singular and plural. indulgence, waiver, non -enforcement, election or non-yother breach 31. NON -WAIVER. No delay, ction by indulg reement will be deemed to be a waiver of any Landlord under this Texas Lease Ag ities hereunder. by Tenant, nor shall it affect Tenant's duties, obligations, and lia of contains the entire agreement 32. MODIFICATION. The parties hereby agree that this document c between the parties and this through a Lease Agreementten amendment signed by allt be shall nof of�he changed, altered or parties hereto. amended in any way except9 33, NOTICE. Any notice required or and tto dLandlor under this t e follow ng address se or under state law shall be delivered to Tenant at the Property address, Form Downloaded from RentalLeaseAgreements.com 34. LEAD43ASED PAINT DISCLOSURE. If the premises were constructed prior to 1978, Tenant acknowledges receipt of the form entitled "LEAD -BASED PAINT DISCLOSURE" which contains disclosure of information on lead -based paint and/or lead -based paint hazards. As to Landlord this „9 I.1___ day of ����— + 20_ LANDLORD Signature: Print:; Date: Q, As to Tenant, this day of , 20 TENANT TENANT Signature: Print: Date: Form Downloaded from RentalLeaseAgreements.com M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORM Create New From This M&C DATE: 6/25/2024 REFERENCE NO.: M&C 24-0552 LOG NAME: 192024-2025 ACTION PLAN CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff: Sharon Burkley; b. Public Comment c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2024-2025 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,036,747.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs; 2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of $7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and $2,651,960.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated total of $341,260.45. http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 2 of 6 DISCUSSION: The City's 2024-2025 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2024 and ending September 30, 2025 for use of federal grant funds totaling $13,036,747.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2024. All proposals were received on March 15, 2024. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 10, 2024, to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 8, 2024. A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star -Telegram on May 13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the Weatherford Democrat on May 18, 2024. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on May 29, 2024, and the second public hearing is scheduled for the City Council on June 25, 2024. A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be submitted to HUD by August 15, 2024. Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, as the Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. This amount is calculated based on the estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00. This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as follows: Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, and accessibility modifications for seniors and persons with disabilities Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation Program Delivery - $980,000.00: Includes program delivery costs for housing programs Administration - $1,401,375.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 3 of 6 For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as follows: Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organizations (CHDOs) for affordable housing projects - $414,471.60: These funds will be used by Housing Channel for an affordable housing development in southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new construction of 248 residential units comprised of the following: 125 Single Family attached townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units (approximately 42\%) will be sold to low to moderate income households at or below 80\% Area Median Income (AMI). This funding is part of a multi -year commitment to Housing Channel for a total of five years. Major Projects - $2,000,000.00: Includes $1,000,000.00 allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $276,314.40: Includes costs for administering the HOME grant Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,626,781.00 Neighborhood Services Department - $945,620.00 Administration - $79,559.00 EMERGENCY SOLUTIONS GRANT For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be allocated as follows: Public Service Agencies - $568,660.00 Administration - $46,108.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN I PROGRAM AMOUNT GOAL Housing Channel Affordable Housing (Housing Counseling & $111,000.00 Education Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00 Tarrant County Increasing Access to Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00 Adults AB Christian Learning Center Children and Youth Out of School Time $90,000.00 Services Program IJ $80,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 4 of 6 Boys & Girls Clubs of Greater Children and Youth IYouth Development at Tarrant County, Inc. Services JEastside Branch Camp Fire First Texas Children and YouthServices Teens In Action $78,300.00 Girls Incorporated of Tarrant Children and Youth Girls Inc. of Tarrant $100,000.00 County Services County Junior Achievement of the Children and Youth Cradle to Career $50,000.00 Chisholm Trail, Inc. Services Initiative United Community Centers, Children and Youth Holistic Educational $90,000.00 Inc. Services Literacy Program Easter Seals North Texas, Inc. Economic Empowerment and Financial Resilience Employment Services $60,000.00 Taste Project Economic Empowerment Culinary Workforce $25,000.00 and Financial Resilience Development Program The Ladder Alliance Economic Empowerment Tarrant County Workforce $81,731.00 and Financial Resilience Development The Women's Center of Tarrant Economic Empowerment (Employment Solutions $60,000.00 County, Inc. and Financial Resilience Your Harvest House, Inc. Economic Empowerment and Financial Resilience Client Aid Services $25,000.00 Healthy Living and Increasing Health Cancer Care Services Wellness Equity by Decreasing $50,000.00 Health Disparities Tarrant Area Food Bank Healthy Living and Wellness Home Delivery $25,000.00 1CDBG Public Services Agencies Total 11$1,051,031.001 Rehabilitation, Education and Accessibility Advocacy for Citizens with Improvements Project Ramp $165,000.00 Handicaps dba REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up $455,000.00 Habitat for Humanity 1CDBG Subrecipient Agencies Total 11 $620,000.001 TOTAL CDBG CONTRACTS 11$1,671,031.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY CONSOLIDATED PLAN GOAL AIDS Outreach Homelessness Prevention Center, Inc. and Special Needs Support PROGRAM The Housing Assistance Program - Administration, Tenant - Based Rental Assistance (TBRA), Short -Term Rent, Mortgage, and Utility Assistance AMOUNT $326,781.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 5 of 6 Tarrant County Samaritan Housing, Inc. Homelessness Prevention and Special Needs Support TOTAL HOPWA CONTRACTS Emergency Solutions Grants Contracts (STRMU), Supportive Services HOPWA Program - Administration, Tenant - Based Rental Assistance (TBRA), Short -Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services, Facility -Based Operations (FBO) TABLE 3: ESG AGENCIES AGENCY CONSOLIDATED PLAN PROGAM GOAL The Presbyterian Night Homelessness Prevention and Shelter Shelter of Tarrant County, Special Needs Support Operations/Services Inc. Lighthouse for the Homelessness Prevention and Day Shelter Homeless dba True Worth Special Needs Support Operations/Services Place SafeHaven of Tarrant Homelessness Prevention and Shelter County Special Needs Support Operations/Services Center for Transforming Homelessness Prevention and Rapid Re -Housing Lives Special Needs Support The Salvation Army Homelessness Prevention and Homelessness Special Needs Support Prevention TOTAL ESG CONTRACTS All figures have been rounded to the nearest dollar for presentation purposes. $1,300,000.00 $1,626,781.001 AMOUNT $127,345.00 $138,851.00 $75,000.00 $75,901.00 ��$151,563.00� II$568,660.001 Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations. These programs are available in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 6 of 6 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. These are reimbursement grants. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) FROM Fund I Department Account Project Program Activity Budget I Reference # Amount ID ID I Year (Chartfield 2) Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Fernando Costa (6122) Kacey Bess (8187) Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal) 2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal) Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal) IR 2024-2025 ACTION PLAN.docx (CFW Internal) ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024