HomeMy WebLinkAboutContract 63241CSC No. 63241
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WO TH AND ASV FAMILY LLLP.
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WO TH ("City"), and ASV Family LLLP.
("Landlord"), each individually referred to as a "parry" 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
Parry's performance, agree to the following terms and conditions:
1. PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a one -bedroom ("Lease"). The
unit is located at ("Unit"), as more fully
described in Exhibit A.
2. TERM.
This Agreement shall begin on April 1, 2025 and shall expire on November 30, 2025,
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
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY Page 1 of 14
FT. WORTH, TX
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 $979.00
per month for the Unit.
From April 1, 2025 to November 30, 2025, the Tenant shall be responsible for $0.00 of
rent per month.
From April 1, 2025 to November 30, 2025, City shall be responsible for $979.00 of rent
per month.
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
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associated with the Unit and City shall not be obligated by law or in equity for any amount other
than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
Landlord's signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due. Payments
for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as
a result of the registration and initial set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. In the event that the lease is provided to the City after the payment
date, then Landlord will not assess any late fee against Tenant or City for late payments by City
so long as payments are made within thirty (30) days of the day the lease is received by City. If
Landlord elects to receive payment by paper check, under no circumstances shall late fees be
assessed against Tenant or City for late payment by the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
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4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant's lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.2.3 HUD Program Year Funding. The City agrees to commit funding for rental assistance
for a period of up to twelve (12) months, subject to the availability of funds allocated in the current
program year's budget. The City shall not commit to providing rental assistance beyond this 12-
month period unless and until additional funding is received from the U.S. Department of Housing
and Urban Development for the subsequent program year. In the event that future funding is not
secured, the City shall provide written notification to both the tenant and landlord at least ninety
(90) days prior to the end of the contract term, advising them that rental assistance will not continue
beyond the 12-month commitment. The City shall not be held liable for rental payments beyond
the 12-month commitment and any lease agreements exceeding the 12-month term are entered into
at their own risk regarding the continuation of rental assistance.
5. HOUSING OUALITY 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.
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
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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 REOUIREMENT
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.
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.
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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
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.
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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 ANYAND
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 DAMA GES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
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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: Dana Burghdoff
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
16. GOVERNMENTAL POWERS.
To LANDLORD:
ASV Family LLLP
2900 Gunnison Trail
Fort Worth, Texas 76116
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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.
23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
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No amendment, modification, or extension of this Agreement shall be binding upon a parry
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 parry, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each parry 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
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
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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.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Dana Burghdoff (Ma}(9, 2025t4:55 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: 05/09/2025
APPROVAL RECOMMENDED:
LOW
Name: Kacey Bess
Title: Director,
Neighborhood Services Department
doFFORT°Bda
ATTEST: O'o
9�v
BAaaCdIln�Xo9oo Er
Y:
Name: Jannette Goodall
Title: City Secretary
Date: 05/09/2025
LANDLORD:
-fioY -ff,Ga
By: Flor Felix (May 7, 2025 14:50 MDT)
Name: Flor Felix
Title: Property Manager
Date: 05/07/2025
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: Christy Engman (May 7, 2025 15:53 CDT)
Name: Christy Engman
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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Attachment A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant's Portion
Initial Term
City's Portion
$979 From April 1, 2025 From April 1, 2025
to November 30, to November 30,
2025: $0.00 2025: $979
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EXHIBIT A
Couv of Tenant's Lease
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M
IhisLease isvalid only if6ffedout before January 1,1Q16.
Apartment Lease Contract
This is a binding contract. Bead carefully before signing.
This Lease Contract ('Lease") Is between you, the resident(s) as listed below and us. The terms "you" and "your" referto all residents.
The terms'we," "us,' and "our" refer to the owner listed below.
PARTIES
Residents John Vincent Flores
Apartment (Par.2)
Street Address: 2901
C. Monthly Base Rent (Par. 3) E. Security Deposit lPar. 5) F.Notice of Termination or Intent to Move out (Par. 4)
$ 979.00 $ 0.00 Aminimumof 60 days'writtennotice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amount does not
D. Prorated Rent include any Animal Deposit, which )fthe number ofdoys isn't fiffed In, notice Drat feast 30 days
wouldbe reffededin an Animal' kregalred.
$ Addendum.
9 due for the remalnderoftst
month or
7 for 2nd month
G. Late Fees (Par. 33)
Initial Late Fee Dally Late Fee
O %of one month's monthly base rent or 7 %ofonemonth'smonthlyba5erentfor daysor
n $ 75.00 ❑ 5 10.00 for _- days
Due ifrentunpaid byll:59p.m.onthe 3rd Ord orgreaterlday ofthemonth
14, Returned Check orRejected 1. Early Termination Fee Option (Par.7.21 K.VIolationCharges
Payment Fee {Par. 3.4)
5 1000. 00
Animal (Par.
5 75.00
Noticeof 60 days is required.
- 00]
initmicharge of5150.00 peraNmal (rot
charge o S
- you are not efigibfeforturfy temilnationit
to exceed $100 per animal) and
1.RelettingCharge Per. 7.1)
you areindefault,
15
Adahychargeof5 10-00 peranimal
ArelPttingcharge of5867.00
Fee must be paFdnolate than
days after you give usnotice
(not to exceed510 erda eranimal)
p YP
Mattoerciiiafthehighest
ifanyrnluesornumberofdaysate b1ci p,'
Insurance Violation (Master Lease Add endum
monthly Rentduefng the Lease term) then this section does not applyr
or other separate addendum)
may be chargrd in certain default
$
situations
L. Additional Rent -Monthly Recurring Fined Charges. You will pay separately for these items as outlinea below and/or in separate addendar
Special Provisions or an amendment to this Lease.
Animal rent 5 35.00 Cable,4atellile 5 Internet 5
Packageservice 5 Pest control 5 1.00 Slosmwater/drainage S
Trash service 5 5.00 WashedDryer S
Other. 5
Other $
Other. — $
Other. 5
M. tftRNies and other Variable Charges. You rdll pay separately for gas, water, wastewater, elecvldry, trashlrecycling, utility billing fees and otter
gems as outlined in separate addenda, Speoal Provisions or an amendment to this Lease
Utility Connection ChargeorTransfer li5 50.00 (nor to atteed$501to be paid within idays ofwrittennotice fPar.3.S)
N. Other Charges and Requirements. You will pay separately fat these iterns or comply with these requirements as outlined in a Master Lease
Addend um, separate addenda or Special PraVlSlonb. Irtitial Access Devics: $
Additional or Replacement Access Devices.S ReglacedInsurance LlabiiityLimit (per occurrence).5
Special Provisions. See Par. 32 oraddMonaf addenda attached This Lease cannot be changed unless in writing and signed by you and us.
Apartment Ldfe Comnn OIa23, revs Ayam.ert Atwcsnon 6tC
F
,rm.
1. Definitions. The following terms are commonly used in this Lease,
1.1. 'Residents" are those listed in 'Residents, above who sign
this Lease and are authorized to live in the apartment,
1.2. 'Occupants' are those listed In this Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
1.3. 'Owner" may be Identified by an assumed name and Is the
owner only and not property managers or anyone else.
1.4. "Including" Inlhisi Lease means 'Including but not limitedto.'
I.S. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent* is monthly base rent plusadditlonal monthly
recurring fixed charges.
1.7. "Lease' Includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use asa
private residence only,
2.7. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices Including: 1 aundiry
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations of
estimates; actual dimensions and sizes may vary.
L3. Representations. You agreethatdesignations oraccredl-
rations assoaated with the property are subject to change.
Rent. YoumustpayyourRentonorbeforetheistdayofeach
month (due date) withoutdemand, There arenoexceptions
regardingthepaymentofRent andyauagree notpayfagRenton
orbeforethe lit ofeach month is a material breach oftblsLease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without ourprior written
Permission. You cannot withhaldorof sef Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method wespecify.
3.2. Application of Payments. Payment ofeach sumduets an
independent covenant, which means payments are due
regatdlessMew performance. When we receive money,
other than water and wastewater payments subject to
government regulation,we mayapply!tat ouroption and
without notice firstto anyofyour unpaid obligations, then
to accrued rent. We may do so regardless of notations an
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
3,3, Late Fees. lfwedon't receive your monthly base rentinfull
when it's due, you must paylatefees asoudinedin Lease DetaAL
3.4. Returned Payment Fee.You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. Youll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined In this Lease. Television channels that are
Provided may be changed during the Lease term if the
change applies to all residents.
if your electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not &pow any
utilities {other than cable or Interned to be cut off or
switched for any reason --including disconnection for not
paying your bilh—until the Lease term or renewal period
ends. tfa utilityis Individually metered, it must be connected
in your name and you must notify the providerof your move -
out date. if you delay getting service turned on in yourname
by this Lease's start date or cause it to be transferred bade into
our name before you surrender orabandon theapartment,
you'll be liable forthe charge listed above (not toexceed $50
per billing periodl, plus the actual or estimated cost afthe
utilities used while the lndlty should have been biled to you.
If your apartment Is individually metered and you change
yourvetail electric provider, you must give us written notice.
You must pay aU applicable provider fees, including any fees
todhange service back into our name afteryou move out
3.6. Lease Changes. Leawchanges amonly allowed during the
Lease term or renewal period dgovemed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment sigrsed by you and us. At a after the end of the
initial Lease tens, Rent increases will became effective with at
Least S days plus the number of days advance notice castalned
in Box F on page 1 !n Writing from ut to you. Your new lease,
which may include Increased Rent or tease changes, wdbegin
on the date stated in any advance notice we provide (wrthota
needing your s4iiataeJ uniess you give us written move -out
notice undef Par. 25, which applies only to the end tithe current
Lease term or renewal period
W,
Automatic Lease Renewaf and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
2S and specified on page I.lfthenumber ofdaysisn'tfilledin, no-
tice ofatleast 30 days is required.
Security Deposit. The total security deposit for a II residents Is due
an or before the date this Lease Is signed. Any animal deposit will be
designated In an animal addcndum, Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aitreusyoutadvance
noticeof move out as provided by Par.25 and forwarding
address in writing to receive % written description and
Itemized list of charges or refund. In accordance with this
Lease and as allowed bylaw, we maydeduct from your
security deposit any amounts due under this Lease. if you
move out early aria response to a notice to vacate. youTtbe
Noble for r *ey)pglhgrM Upon recelpt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an Itemized
accounting of any deductions, no later than 3D days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one payment jointly payable to ail
residents and distributed to any one residentwe choose,
or distributed equally among all residents.
Insurance. our insurancedoesn't coverthe lass of or damage to
your personal property.You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited bylaw. If
you have Insurance covering the apartment oryour personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogatlon rights.
Even if not required, we urge you to obtain your own insurance for
fosses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover fosses due to a flood.
ReleHing and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Relettlng, Charge, Yaullbeliable (or arelettingcharge as
listed in Lease Details, (not to exceed 95% of the highest
monthly Rent during the Lease term) if you: (A) fail to move in,
orfall to give written move -out notice as required in Par.25;
(8) move out without paying Rent in full for the entire Lease
term err renewal period; IQ move out at our demand because
of your default; or (D) arejudciAly evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under th is Lease,
including [lability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of ow damages —for our time, effort, and expense In
finding and processing a replacement resldenLThese
damages are uncertain and hard to ascertain—particulady
those relating to inconvenience, paperwork, advertising,
Showing apartments, utilities forshowing, checking pros-
pects, overhead, marketing costs, and locator-servicefees,
You agree that the reletting charge is a reasonable estimate
dour damages and that the charge is due whether or not our
reletting attempts succeed.
71 Early Lease Termination Option Procedure, In addition to
your termination rights referred to in Z3 or 8.1 below, i(this
provision applies under Lease Detads, you may opt to
terminate this Lease prior to the end of the Lease term !f all of
thefolfawfngoccur. (a) as earned in Lease Details, you give
us written notfee of early termination, pay the Early Termina-
tion Option fee in fun and specify the date by which youll
move out (b) you are not In default at any time and do not
hold aver, and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default, the Lease remedies apply.
73. Special Termination Rights. Youmayhavetherightuader
Texas law to terminate WS Lease early in certain situations
irnalving milharydepioyment or transfer, ramify violence,
certain sexual agenses, stalking or death ofa sole resident
Delay of Occupancy. We are not responsible for any delay of your
occuparscy caused by construction, repairs, cleaning, of a previous
resident's holding aver. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and(2) your right
to terminate Lkis Lease In writing as set forth below. Rent abatement
and tease termination do not apply if the delay is for dearring or re-
pairs that don't prevent you from moving into the apartment.
I.I. Termination. If wt give written notice to you ofa delay In
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay Is
expected and that the apaftmer l w0 be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entided only to refund of
any deposittsl and any Rent you paid-
Apanmem Lease eorraur oaers, Teur apanmra a,hoaaiac Inn
eau. Jo 6
1
g. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages government fines or charg-
es, or cost of repairs or service In the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewaterstoppagels due toourneglfgence,
we're not liable for —and you mustpay For —repairs and replace.
ments occurring during the lease term orrenewal perfnd, lnclud-
ing: (A) damage from wastewater stoppages caused by improper
objects in lines exc)usivi*serving youraparfinen$ (9) damage to
dears, wfrrdows, orscreens; and (C) damage from windows ordoors
leh'open,
10, Community Policies. Community policies become parrofthis
Lease andmust be followed. We may make changes, Including addl-
tions, to our written Community Policies, and those changes can be-
come effective Immediately if the Community Policies ate distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease,
10.1. PhotofYldeo Release. You give us permission to use any
photograph, likeness. Image orvideo taken ofyou while
you are using property common areas or participating In
any event sponsored by us.
10.2. Disclosure ofbeformatlon.Atour sole Option, wemay,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give usInformation aboutpendingoractualconnectionsor
disconnections of utility service to your apartment.
103. Guests. We may exclude from the apartment community
any guests orothers who, in oursolejudgment, have been
violating the law, violating this Leaseor ourCommunity
Policies, or disturbing other residents, neighbors, visitors,
ar owner representatives. We may also exclude from any
outside area orcomrnon area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 7 days in one week
without our prior written consent, and no more than twice
that many days in any one month. if the previous space
isn't filled in, 2 days total per week will be the limit
10A. Notice ofeonvrdlonsand Registration, You must
notify us within 15 days ff you or any of your occupants:
(A) are convicted of any felony, (8) are convicted of any
misdemeanor involving a cantrolled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
105. odars, Noise and Construction. You agree that odors
and smells (including those related io cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are al a normal part of a multfamilyliving environment and
that it is impractical for us to prevent them from penetrating
youraparti ment
11. Coanduct.Youagree tocommunicate and conduct yourself itakaw-
ful, courteous and reasonable manner at all times when Interacting
with us, our representatives and otherresidents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping It In a sanitary condition and not damaging or littering the
common areas.Trash mustbe disposed of at least weekly. You will
use your apartment and all other areas, Including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. ProhibitedConduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, inducing the
folowingactivitlev
(a) crkdnalconduct manufacturing, delvening,or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
In the apartment community; or, except when
allowed by law, of splay ng or possessing a gun, knife,
or otherweapon in the common area, of in a waythat
may alarm others;
(b) behaving inaloud,obnoxious ordangerousmanner;
:2�
(c) disturbing or threatening the rights, comfort, health, safety,
or corlven#ence of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entryorexit;
p) heating the apartment with gas -operated appliances;
01 making bad -faith orfalse allegations against us or our
agents to others;
(it) smoking of any kind, that is not in accordance with this
Lease;
(I) using glass containers in ornearpools;or
fml conducting arty kind of business [including child-care
services) In your apartment or In the apartment
community --except for any Lawful business
conducted 'at home' byComputer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykindarealfowed,even tempa-
rori)y, anywhere in the apartmenr oraportmentcommunityun-
ress we'vegivitn 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 and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true; accurate and made in gaud faith. Feeding stray,
feral of wild animals is a breach of this Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment,a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
tum the animal over to a humane society, local authority
or rescue organization; orretum the animal to you'd
we consent toyourrequestto keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Vlolations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided In this Lease, including animal violation charges
listed in Lease Details from the data the animal was
brought Into your apartment until it Is removed. If an
animal has been In the apartment at any time during
yourtefm of occupancy (with or without our consenq,
well charge you for all deaning and repair costs,
including defleafng, deodorizing, and shampooing. Initial
and dallyanlmal-violation charges and animal removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13, Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation. Including bicycles and scooters, In
this Lease. In addition to other rights we have to low or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, anyvehicle that is not in compliance
with this Lease.
14. When We May Enter. lf you orany other resident guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents orbuyers, Insurance agents, persons authorized to enter under
your rental appilcation, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
tf nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessaryl for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
ate present, andwe may, bin are not obligated to, give prior notice or
make appointments.
Aeanmenttta,, COn11,1 aattas. Te Apa1 erd Aasogak; 1.4 Page 1016
�
T
15. Requests, Repairs Mod Malfunctions.
Texas Property Code sacs. 92.151,92.753,and 92.154require, with
15.1. Written Requests Requlred.IfyouOrany occupant needs
some exceptions, that weprovide atnocosttoyouwhen occupahcy
to send a request —for example, forrepahs,installations,
begins:(A)awindow latch oneach window, •(0)adoorviewer(peep-
services, ownership disdosure,orsecurity-nNatedmatters—
It a fe of window) an each exteriordoor, (C) a pin lack an each sliding
Itmusfbewritten and delivered toour designated
door; (0)eithera door -handle latch orasecurity bar oneach sliding
representative In accordance with this L east {except for
door, (E)akeyless baiting device (deadbolgoneach exterior door•
fair-hou sin 9 Bcco m m 0 d at ion or mod 1 fi cation requests or
ondIF) either akeyed doorknob lack orakeyed deodboltlock on
situations involving imminent danger or threats to hearth or
one entry door. Keyedlockswill be re keyed after thepriorresident
safety, such as fire, smoke,gas, exploslon,orcrlmeIn
moves our. The rekey(ngwill bedone either before youmove inor
progress).Ourwrittennotes regarding you roral requestdo
within7daysafteryoumoveiryasrequiredbylaw..Nwefailtoin-
notconstltuteawrittenrequestlromyou.Our complying
stall orrekeysecuritydevices asrequired by law, youhave the right
with or responding to any oral request doesn't walvethe strict
to do so and deduct the reasonable cost from your next Rent pay -
requirement for written notices under this Lease. A request
mentunder Texas Property Code sec. 92.14511).Wemay deactivate
for maintenanceorrepslrbyanyoneresfdingInyour
or not Install keyless bolting devices on your doors lf(A)you aran
apartmentcons titutesarequest from all resldents. The time,
occupant inthedwelling isover 55ardlsablod and (61the require -
manner, methodand means ofperfWmingmainMOarice
mentsofTexasProperty Code sec. 92.153fe)orit) are satisfied.
and repairs, including wheth er or which vendors to use,
18,1. Smake Ali rmsand DetectlonDevice s.We'll furnish
are within Our soft discretion,
smoke alarms or other detection devices required by law
15.2. Your Requirement to Notify. You must promptly notify us in
or city ordinance. We may install additional detectors
writing of air conditioning orheatingptoblems,water leaks or
not so required. Well test them and provide working
Moisture, motd, electrical problems, malfunctioning lights,
batteries when you fi rst take possession of you r
broken or missln9locks or latches, or any other condition that
apartment Upon request we'll provide, as required by
poses a hazard orthreatto property, health, or safety. Unless
law, a smoke alarm capable ofalerting a person with a
we instruct otherwise, you are required to keep the
hearing Impairment
apartment cooled or heated according to this Lease. Air
You must pay for and replace batteries as needed,
conditioning problems are normally, not emergencies.
unless the law provides otherwise. We may replace dead
15.3. UNGties.Wemay change orinstall utility lines or
or missing batteries at your expense, without prior notice
equipment serving the apartment if the work is done
to you. Neither you nor your guests or occupants may
reasonably without substantially increasing your
disable alarms or detectors. Ifyou damage or disable the
utility costs. We may turn off equipment and interrupt
smoke alarm or remove a battery without replacing it
utilities as needed to perform work or to avoid
with a working buttery, you maybe liable to us under
property damage or other emergencies. If utilities
Texas Property Code sec. 92.2477 for$ lo0 plus one
malfunction or are damaged by fire, water, or similar
month's Rent actual damages, and attorney's lees.
cause, you must notify our representative immediately.
18.2. Dutyto Report You must immediately report to us any
15.4. YourRemedies. Well act with Customary diligence to
missing, malfunctioning ordefectivesecuritydevices,
make repairs and reconnections within a reasonable
smoke alarms or detectors. Youll be Gable if you fail to
time, taking Into consideration when casualty -insurance
report malfunctions, orfailtoreport any loss, damage,or
proceeds are received. Unless required by statute after
fines resulting from fire, smoke, or water
acasualty loss, orduringequipment repair, your Rent
19. Resident 5afetyandLoss. Unkssotherwiurequfredbylaw,none
wlllnot abate Inwhole orInpart'Reasonabletime*
ofus,ouremployees,agentsrormonagementcompaniesare liable
accounts for the severity and natureofthe problem and
toyou,yourguesOoroccupants for any damagtpersonalinjury,
the reasonable availability ofmaterials, labor, and
loss topersonalproperty,orfassofbusinessorpersonallncomq
utiGues.Ifwefail totimely repair acondition that
from any cause, includingtrut noffinsized to. negligent orinterition-
materlahly affects thephystcalheahhorsafetyofdn
alactsofresidents,occupants,orguesMtheltburglary,ossdult
ardinaryresidentasrequiredbythe TexasPropertyCode,
rondo)ismorothercrimeshre,Rood,wate imb,rain,hail,ke,
you may be entitled to exercise remedies under §92.056
maw, smoke, lightning, wind, erplosiom, intemptionofvtilifies,
and IF92.0551 oftheTexasProperty Code. lfyoufollow
pipe feaksorother occurrences unless such damage, injuryorloss IF
the procedures under those sections,the following
caused exduslvelybyOur —.9flgence.
remedies, among others, may be available to you:
(1)terminationafthisLeaseandanappropriaterefunof
w
We donot wanantsecurityofanykind.Youagree[hatyouwillnot
urityaestaki
under 92.056(f);(2) have the condition repaired or
re upon recur;[
y p y Y by us for personal security,
remedied according to 9 92.0567; (3) deduct from the Rent
a nd that you will Ca 11911 a n d loca I I aw enfo rceme nt authorin es if any
the Cos t ofthe repair or remedy according to § 92.0561,
security needs arise.
and 4)Judiddl remedies decording to§92.0563.
You acknowledge that we are not equipped or trained to provide
16. Ou r Right to Terminate for Ap artment Community Dama g a or
personal securttyservicestoyou, your guestsoroccupants.You reo-
ognize that wre are not required to provide any private security ser-
Closure. If,Inour sale judgment, damages tothe unit orbuilding are
significant or performance ofneeded repairs poses a danger to you,
vices and that no security devices or measures on the property are
we may terminate this Lease and your rightto possession bygMng
fag-safe.Youfurther acknowledge that, even Van alarm or gate ame-
nitles are provided, they are mechanical devices that can malfunc-
you at least 7 days'wfftten notice. Ifteimination occurs, you agree
well refund only prorated rent and air deposits, minus lawfuldeduc-
fiOn' Any charges resulting from the use ofanIntrusion alarm will be
tions. We may remove and dispose of your personal property it, in
charged to you, including, but not limited to, any false alarms with
police/firelambulance response
our sole judgment it causes a health or safety hazard or impedes out
or other required city charges,
ability to make repairs.
20. Condition of the Promises and Alterations.
16.1. Property Closure. Wealso have the rightto terminate
20.1. As-Is.Wediscialmaillmpikdwarmnties.You acceptthe
this Lease and your right to possession by giving you at
apartment, fixtures, and furniture as is, except for
least 30 days' written notice of termination !(we are
conditions materially affecting the health or safety of
demolishing your apartment or closing It and It will no
ordinary persons. You'll be given an Inventory and
longer be used for residential purposes for at least
Condition Form at or before move -in. You agree that
months, orlfanypart ofthe property becomes subject to
after completion oftheform orwithin46hours after
an eminent domain proceeding,
move -in, whichever comes first, you must note on the
17. Assignments and Subletting. You may not assign this Lease orsub-
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition ofthe
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
premises for purposes of determining any refund due to
wise agreed to In advance by us in writing. You agree that you won't
you when you move out Otherwise, everythingwil be
considered to be In a dean, safe, and good working
accept anything of value from anyone else for the use of any part of
your apartment. You agree not tolist any parlor your apartment on
condition. You must suit senda separate request for any
any lodging or short-term rental website orwith any person or ser-
repairs needed as provided by Par.15.1.
via that advertises dwellings for rent
20.2. Standards and Improvements. Unless authorized by
18. Security and Safety Devices. We71 pity for missing security do •
law or by us in writing, you must not perform any repairs,
vicesthatarereaulred�srlaw.You'Elaavfor: (A)relieving that
t the
painting, wallpapering, carpeting,eleMcalchanges,or
otherwise alter our property. No holes or stickers are
you requestfuniesswe alledtorekgraftertheprevlowred-
of
dent f81 or p beuusr of
allowed inside oroutside the apartment Unless this Lease
moved out/: end regain n e
misuse ordamaaebyvoilLgfyourfamlH.vaI cuaants orY,
nil holes(es Fhanginge� well peturesonsheermit a blckwallerofIn
nail holes for hanging pictures onsheetrockwallsandln
guests, You must pay immediately after the work isdoneulssstate
law authorizes advance payment. You must also pay in advance for
grooves of wood -paneled walls. No water furniture, washing
any additional or changed security devices you request
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door-
aPanmeM Lease fontrul a2e27, Fezu Apartment AssodatioM Inc Page 4 of 0
bells, or lock changes, additions, or rekeying is permitted
unless required by law or we've consented in writing. You may
Install a satellite dish or antenna, but only If you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, orsecurlty devices. When
you move in, we'll supply light bulbs for fiMures we furnish, In.
cluding exterior fixtures operated from Inside the apartment;
afterthat, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise In writing.
21. Notices. Written noticetoorfromout employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents.Only residents can give notice of Lease termination
and Intent to move out under Par. 2.3. All notices and documents will
be In English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be giver electronically by
us toyou if allowed by law. R allowed by law and In
accordance with this Lease, electronic notice from you to us
must be serstto the email address and/or portal specified in
this Lease.Notice mayalso be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and thatyou will notify us in the eventyour
email address changes.
22. Liability. Each resident Isjointly and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemntncation tryYou.YotrRdtindwnnifyarul/wfdus
andouremployees,agents, andmanagementcompany
harmless fmm off liobility orisfng from yourcond uctor
requests to ourrepresentatins andfrom the conductofor
requtats byyourk,b*-s, accupanet orguesrs.
23. Default by Resident.
23,1.
23.2.
Acts of DefaulL Youll be In default If: {cad you don't
timely pay Rent including monthly recurring charges, or
other amounts you owe; (B) you or any guest of
occupant violates (his Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardess of
whether of where arrest or cormction occurs; (Q you
give incorrect incomplete, or false answers In a rental
application or In this Lease; or (D) you or any occupant is
charged detained, convicted, or given deferred
adjudication of pretrial diversion for (q an offense
involving actual or potential physical harm to a person, or
Involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
In the Texas Controlled Substances Act or 12) any sex -
related crime, including a misdemeanor.
Eviction. ifyou default Including holding aver, wemay
end your right of ocrupancy by giving you a r ieast a 24-
hour written notice to vacate. TerinmatLon of your possession
rights doesn't release you from babikty far future Rent or
other Least obligations. Ahergiving notice to vacate or
filing an eviction suit we may stiliaccept Rent or other
sums due, thelrling oracceptance dotsn'twaive or
diminish our fight of eviction orany other contractualor
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will riot be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
ordemand (before or after acceleration) and will be
Immediately due 4, without our written consent IN you
move out, remove property In preparing to move out
or you or any occupant gives oral or written notice of
intent to move out before the Lease term a( renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining RentwLB
also oe accelerated if you'rehtdicially evicted or move
out when we demand because youW defaulted_
i,
If you don't pay the first month's Rent when or before this Lease
begins, allfuture Rent fortheLease term will be automatically
accelerated without notice and become immediately due. We
also may endyour right ofoccupaney and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23A. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: 0) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then youtl be liable to us
for all Rent far the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. OtharRemedles. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree thatwe or the debt collector may contact you by
any legal means. Hyou default you will pay its, in addition
to other sums due, any rental discounts orconcessions
agreed to In writing that have been applied to your account
We may recover attorneys fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest atthe rate provided by Texas Finance Code Section
304.003(Q from the due date. You must pay all callection-
agency fees d you fail to pay stuns due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you don't payall sums
by that deadline. You are also liable for a charge (not to
exceed $1501 to cover our time, cost and expense for any
eviction proceeding against you, pin our attorneys fees and
expenses, court costs, and filing fees actually paid.
24. Representathres'Autharltyand Waivers. OurrepresentativesRn-
dudingmanagernentpersonnei, employees, and agents) have no
authority to waive, amend, or fermMate this Least oranyport o11t
unlesshr writing and signed, andno authorityto make promises, rep-
resentations, orogreements thatimposesecurhyd"Oes or other ob-
ligadons on us or ourrepresentadves, unlessin writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent viotation, default, or time at place of performance our
choice to enforce, mat enforce ardelay enforcement ofwritten-no-
ikerequfnmeMs, rentalduedatts, xcelerution,fitns, orwryaMer
rfghtsisn't a waiver underany dmmstmKes. Delay in demanding
sums you owed not a waive. Except when notice ordemand is required
bylaw, you waive any notice and demand for performancefrom us if you
default Nothing in this Lease constitutes a waiverof 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 lenderchooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or walver of other remedies. All provisions regarding our
nonliabdity or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent or management company is
personally liable for arty of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
2S. Move -Out Notice.Beforemoving94yourrrustgfveourrepreson-
tadve advance written move-autnotke as stated In par. 4, even N
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
You►movr-out notice must comply with each of the following.
(a) Unless we require more than 30 days' hike, if you give
noticeon the first day of the month you Intend to move
out move out will be on the last day of that month.
(b) Your move-outnotice must not terminate this Lease
before the end of the Lease term or renewal petlod.
(c) R we require you to give us more than 30 days writen
notice to move out before the end of the Lease term we
will give you 1 written reminder not less than 5 days nor
more than go days before your deadOne for giving us
your written movie -out notice. If we fall to give a reminder
notice. 30 Ltays'wdnest notice to move out Is required.
(d) You mustgetfrom usawrittenaduwwledgmentofyour
notice.
26. Move-Outpfocedures.
26.1. 0 * a n Ing. You must thoroughly clean the aparVnent indud,,ng
doors, windows, furniture, bathrooms, kitchen appliances.
patios, batcorties, garages, carports, and storage rooms. You
mull follow move -out Cleaning Instructions if they !save been
provided. If you don t dean adequately, you be liable for
reasonable ckaning charges—lnciu ling barges for cleaning
carpets, draperies, fumltur% walls, etc- that are soled beyond
Aputment Leaw ConLuXI a7aaa. Tint APOrtnrN Auu.dmr, Inc Psgasef a
e
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2, Move -Out Inspection -We may, but are not obligated to,
provide a joint move -out Inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
usorourrepresentativeare subject toour correction, r i-
ficatbn. ar disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one Is living in the
apartment In our reasonable judgment; or apartment keys and ac-
cess devices listed In Par. 2.1 have been turned into us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment (8) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded fort days to our notice left on the Inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned lodaysafterthe
death ofa sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs In,
and relet the apartment determine any security -deposit
deductions: and remove or store property left in the apartment.
17.2. Removal and Storage of Property. We, or lawofficers, may —
but have no duty to —remove cr storeall property that In our
sole judgment belongs to you and remains in the apartment
or in common areas (inducting any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or ifyou surrender or abandon theapartment.
We're not Aabfe forcasuafty, foss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we maythrow away or give to a charitable
organization all personal property that is:
SI) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following )udicial eviction.
An animal removed after surrender, abandonment or eviction
may be kenneled ortumed overto a local authority, humane
society, or rescue organization.
6ENERAL PROVISIONS AND SIGNATi
28. TAAMemisership. We, the management company representing us,
or any locator service that you used confirms membership In good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the Following applies:
(A) this lease is voidable at your option and is unenforceable by us
(except for property damages); and (8) we may not recover pastor
future rent or other charges. The above remedies also apply if both
of the (ollowing occur: (1) this Lease is automatically renewed on a
month -to -month basis more than once after membership InTAA and
the local association has lapsed; and (2) neitherthe owner nor the man.
agement company is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms ifTAA agrees In vatting.
Name, address and telephone number of locatorservice(if applicable)
29. Severablll and Survivability. If any provision of this Lease is Inval-
id or unenforceable under applicable law, it won't Invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.1, 10.2. 16,22.1,27, 30 and 31 shall survive the termination of
this Lease. This Lease binds subseq uent owners.
30. Controlling Law. Texas law governs this Lease. AN litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if app&Wble, Mhere the apartment Is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waivar. You agree that you Will not participate
In any class action claims against us or our employees, agents,
or management company. You must file any dafm against us
individually, and you expressly waive your right to bring,
represent'Join orotheni maintain a Mess action,
collative action or slmilarieroceeding against us in
arryforum.
YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU
COl1LP-of:A.PARTY I_N A CLASS ACTION LAW5131T..BY
jjj_gNINGTHIS LEASE, YOU ACCEPT THIS WAIVER AND
CHOOSE TOHAVE ANY CLAIMS DECIDED INDIVIDUALLY.
PARAGRAPH SHALL SRHONOYADO
313.
Force Majeure.Ifweare prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond ourcontrol, including but
not limited to, an ad of Gad, strikes, epidemics, war, acts of
terrorism, riots, flood,fire, hurricane, tomado, sabotage or
governmental regulation, then we shalt be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions, The following, or attached Special Provisions and
anyaddenda or Community Policies provided to you, are partofthis
Lease and supersede any confllctirg provisions in this Lease.
Certified funds only if rent is late. .
No Cash accepted. Rental Breakdown as
follows; Rant $979.00, Water/Sauer $45.
00, Trash $5.00 i Peat Control $ 1.00
Vor a total of $1,030.00 Por Month. The
lease will renew at month to month rate
of market rate plus $150.00 No
loitering on or around property common
areas at any time. Lease violation fine
is $75 each. The late fee will be at
4th of each month,
Before submitting a rental application or signing this Lease, you
should reviewthe documents and mayconsult an attorney, You are
bound trythis Lease when It Is slgned.An electronic signature is
binding -This Lease, including all addenda, tithe entire agreemcnt
betweenyou and us.You agree thatyou are NOT retying on any
oral representations.
Resident rsl eats{a n
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
{Name of Resident) Date signed
0wrsero►O%m sR ntatfrre gal ganbehalfofowner)
Airwunr,t Lc Cone... QIAcuI St.ec,.idc Exam }.Iyg-rra.]gMkd Octobu 7971 Prpc aof6
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORM
Create New From This M&C
DATE: 6/25/2024 REFERENCE NO.: M&C 24-0552 LOG NAME: 192024-2025
ACTION PLAN
CODE: C TYPE: NON -CONSENT PUBLIC YES
HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 to be
Awarded by the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff: Sharon Burkley; b. Public Comment c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2024-2025 Annual
Action Plan for use of federal grant funds to be awarded by the United States Department of
Housing and Urban Development in the amount of $13,036,747.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant,
and Housing Opportunities for Persons with AIDS grant programs;
2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department
of Housing and Urban Development, including allocations of grant funds to particular programs
and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
6. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of
$7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME
Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and
$2,651,960.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000.00, all subject to receipt of such funds; and
8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated
total of $341,260.45.
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M&C Review
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DISCUSSION:
The City's 2024-2025 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2024 and ending
September 30, 2025 for use of federal grant funds totaling $13,036,747.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2024. All proposals were received on March 15, 2024. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 10, 2024, to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 8, 2024.
A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public
comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star -Telegram on May
13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the
Weatherford Democrat on May 18, 2024.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on May 29, 2024, and the second public hearing is
scheduled for the City Council on June 25, 2024.
A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint
presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be
submitted to HUD by August 15, 2024.
Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, as the
Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation
Plan. A waiver of these costs is requested to allow allocation of these funds to further support the
programs and services to assist low -to -moderate income citizens. This amount is calculated based on the
estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00.
This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as
follows:
Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush -Up, and accessibility modifications for seniors and persons with disabilities
Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation
Program Delivery - $980,000.00: Includes program delivery costs for housing programs
Administration - $1,401,375.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
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M&C Review
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For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as
follows:
Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organizations (CHDOs) for affordable housing projects -
$414,471.60: These funds will be used by Housing Channel for an affordable housing development in
southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new
construction of 248 residential units comprised of the following: 125 Single Family attached
townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units
(approximately 42\%) will be sold to low to moderate income households at or below 80\% Area
Median Income (AMI). This funding is part of a multi -year commitment to Housing Channel for a total
of five years.
Major Projects - $2,000,000.00: Includes $1,000,000.00 allocated to the affordable housing project to
be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative
(CNI) grant and $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance -
Phase III
Administration - $276,314.40: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,626,781.00
Neighborhood Services Department - $945,620.00
Administration - $79,559.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $568,660.00
Administration - $46,108.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY CONSOLIDATED PLAN I PROGRAM AMOUNT
GOAL
Housing Channel Affordable Housing (Housing Counseling & $111,000.00
Education
Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00
Tarrant County
Increasing Access to
Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00
Adults
AB Christian Learning Center Children and Youth Out of School Time $90,000.00
Services Program
IJ $80,000.00
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Boys & Girls Clubs of Greater Children and Youth IYouth Development at
Tarrant County, Inc.
Services
JEastside Branch
Camp Fire First Texas
Children and YouthServices
Teens In Action
$78,300.00
Girls Incorporated of Tarrant
Children and Youth
Girls Inc. of Tarrant
$100,000.00
County
Services
County
Junior Achievement of the
Children and Youth
Cradle to Career
$50,000.00
Chisholm Trail, Inc.
Services
Initiative
United Community Centers,
Children and Youth
Holistic Educational
$90,000.00
Inc.
Services
Literacy Program
Easter Seals North Texas, Inc.
Economic Empowerment
and Financial Resilience
Employment Services
$60,000.00
Taste Project
Economic Empowerment
Culinary Workforce
$25,000.00
and Financial Resilience
Development Program
The Ladder Alliance
Economic Empowerment
Tarrant County
Workforce
$81,731.00
and Financial Resilience
Development
The Women's Center of Tarrant Economic Empowerment
(Employment Solutions
$60,000.00
County, Inc.
and Financial Resilience
Your Harvest House, Inc.
Economic Empowerment
and Financial Resilience
Client Aid Services
$25,000.00
Healthy Living and
Increasing Health
Cancer Care Services
Wellness
Equity by Decreasing
$50,000.00
Health Disparities
Tarrant Area Food Bank
Healthy Living and
Wellness
Home Delivery
$25,000.00
1CDBG Public Services Agencies Total
11$1,051,031.001
Rehabilitation, Education and
Accessibility
Advocacy for Citizens with
Improvements
Project Ramp
$165,000.00
Handicaps dba REACH, Inc.
Fort Worth Area Habitat for
Housing Preservation
Humanity, Inc. DBA Trinity
and Rehabilitation
Cowtown Brush Up
$455,000.00
Habitat for Humanity
1CDBG Subrecipient Agencies Total
11 $620,000.001
TOTAL CDBG CONTRACTS
11$1,671,031.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL
AIDS Outreach Homelessness Prevention
Center, Inc. and Special Needs
Support
PROGRAM
The Housing Assistance
Program
- Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
AMOUNT
$326,781.00
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Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
(STRMU), Supportive
Services
HOPWA Program -
Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility -Based
Operations (FBO)
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN PROGAM
GOAL
The Presbyterian Night
Homelessness Prevention and
Shelter
Shelter of Tarrant County,
Special Needs Support
Operations/Services
Inc.
Lighthouse for the
Homelessness Prevention and
Day Shelter
Homeless dba True Worth
Special Needs Support
Operations/Services
Place
SafeHaven of Tarrant
Homelessness Prevention and
Shelter
County
Special Needs Support
Operations/Services
Center for Transforming
Homelessness Prevention and
Rapid Re -Housing
Lives
Special Needs Support
The Salvation Army
Homelessness Prevention and
Homelessness
Special Needs Support
Prevention
TOTAL ESG CONTRACTS
All figures have been rounded
to the nearest dollar for presentation
purposes.
$1,300,000.00
$1,626,781.001
AMOUNT
$127,345.00
$138,851.00
$75,000.00
$75,901.00
��$151,563.00�
II$568,660.001
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized through the
Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and
program delivery allocations support approximately 72 FTE positions in the Neighborhood Services
Department, which is funded nearly 70\% with various grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
These programs are available in ALL COUNCIL DISTRICTS.
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FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. These are reimbursement grants.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget I Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kacey Bess (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal)
2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal)
Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal)
IR 2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public)
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