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HomeMy WebLinkAboutContract 63342Rental Assistance Landlord Agreement Page 1 of 15 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND 2409 RIDGMAR PLAZA DE LLC. This RENTAL ASSISTANCE LANDLORD AGREEMENT (“Agreement”) is made and entered into between the CITY OF FORT WORTH (“City”), and 2409 Ridgmar Plaza DE LLC.(“Landlord”), each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS,the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS,in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, (“Tenant”) is a participant in the City’s rental assistance program; and WHEREAS,the City requires that landlords must enter into this Agreement in order to receive the City’s payment of the defined portion of Tenant’s rent; and WHEREAS,Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A – Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party’s performance, agree to the following terms and conditions: 1.PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a two-bedroom (“Lease”). The unit is located at Fort Worth, Texas 76116 (“Unit”), as more fully described in Exhibit A. 2.TERM. This Agreement shall begin on July 1, 2025, and shall expire on February 28, 2026, unless terminated earlier in accordance with this Agreement (“Initial Term”). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms and conditions, Rental Assistance Landlord Agreement Page 2 of 15 provided however that the rental rate and any amounts payable by City shall be provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3.COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant’s lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The named Tenant may be eligible for security deposit payment assistance payable to Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a federally funded program (including the Permanent Housing Placement Program), after deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full amount of the balance to the City in accordance with HUD regulations.This does not limit Landlord’s right to withhold any portion of the deposit that would normally be withheld at termination under the terms of the underlying lease. Based upon the City’s review, City will pay a $0.00 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Payable by City 3.2.1 Rent. Initial Term: The City has been notified that the Tenant’s Total Rent during the Initial Term is $1,425.00 per month for the Unit. The Tenant shall be responsible for $175.00 rent per month from July 1, 2025 to February 28, 2026. The City shall be responsible for $1,250.00 of rent per month from July 1, 2025 to February 28, 2026. 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 Rental Assistance Landlord Agreement Page 3 of 15 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 Rental Assistance Landlord Agreement Page 4 of 15 overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant’s lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days’ written notice of termination. 4.2.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.2.3 HUD Program Year Funding. The City of Fort Worth agrees to commit funding for rental assistance for a period of up to twelve (12) months, subject to the availability of funds allocated in the current program year’s budget. The City shall not commit to providing rental assistance beyond this 12-month period unless and until additional funding is received from the U.S. Department of Housing and Urban Development for the subsequent program year. In the event that future funding is not secured, the City shall provide written notification to both the tenant and landlord at least ninety (90) days prior to the end of the contract term, advising them that rental assistance will not continue beyond the 12-month commitment. The City shall not be held liable for rental payments beyond the 12-month commitment and any lease agreements exceeding the 12-month term are entered into at their own risk regarding the continuation of rental assistance. 5. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. Rental Assistance Landlord Agreement Page 5 of 15 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City’s Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REQUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord’s duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City’s sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. Rental Assistance Landlord Agreement Page 6 of 15 7.3 The City’s right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City (“City Information”) as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with Rental Assistance Landlord Agreement Page 7 of 15 the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Rental Assistance Landlord Agreement Page 8 of 15 Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: 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 To LANDLORD: 2409 Ridmar Plaza DE LLC. 11816 Inwood Rd. PMB 70564 Dallas, Texas 75244 Rental Assistance Landlord Agreement Page 9 of 15 16. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. Rental Assistance Landlord Agreement Page 10 of 15 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27.CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City’s Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Rental Assistance Landlord Agreement Page 11 of 15 Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act (“Act”). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY’s website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a “company” under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord’s signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s signature provides written verification to City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Rental Assistance Landlord Agreement Page 12 of 15 (signature page follows) Rental Assistance Landlord Agreement Page 13 of 15 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Dana Burghdoff Title: Assistant City Manager Date: ____________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kacey Bess Title: Neighborhood Services Director ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary Date: __________________ CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: Julie C. Peña, MSW Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0552 LANDLORD: By: Name: Felicia Evans Title: Property Manager Date: ____________________________ Rental Assistance Landlord Agreement Page 14 of 15 Attachment A History of Rental Obligations by Lease Term Lease Term Total Rent Tenant’s Portion City’s Portion Initial Term $1,425 From July 1, 2025 to February 28, 2026: $175 From July 1, 2025 to February 28, 2026: $1,250 Rental Assistance Landlord Agreement Page 15 of 15 EXHIBIT A Copy of Tenant’s Lease ■ �.11�����1 'fl:\,�xAISV<'I'�II•:�•I':�s.tiUr:l:\'I'Ic»� This Cease is valid only if filled out beforeJpnuary i, 2026. Apartment Lease Contract This Is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents, The terms "we; "'us," and "our" refer to the owner Ilsted below. PARTIES Re51det1ts OWner Ridqmar Oaks — 2909 Ridqmar Plaza DE LLC Occupants LEASE DETAILS A. Apartment (Par. 2) StreetAddress: City: Fort Worth State: TX Z;p; _ 76116 d,InitialLeaseTerm.Begins: 03/01/2025 Endsat17:59� p.m.on: 02/2Q/2026 C, Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice o} Termination or Intent to Move Out (Par. 4) $ 1925.00 S 0.00 Aminimumo( 30 days'writtennoticeof termination or intent to move oul required at end of initial Lease Note that this amount does not term or during renewal period D.prorated Rent includeanyAnlmalDeposit, which I/the numberoldays isn't filled in, notice a/ot least 30 days 5 would be reflectedln an Animal is requl�ed, � due for the remalnderoF lst Addendum. month or ❑ for 2nd month G. Late Fees (Par.33) Initial Late Fee GD 10 9b of one month's monthly base rent or ❑S Due if rent unpaid by 11:59 p.m. on the H. Returned Check or Rejected Payment Pee (Par, 3.4) $ 50.00 I. Reletting Charge (Par. 7,1) A reletting charge of S 13 64 . 25 (not to exceed 859'0 of the highest monfhly Rent during the Lease ten� may be charged in certain default situations Dally Late Fee ❑ 10 �!o of one month's monthly base rent for 8 da s or O$ 10.00 Y for B days (3rd or greater) day of the month J. Early Termination Fee Option (Par. 7.2) 5 Notice o( 60 days is required. You ur¢ not ellglble /o� early termination !f you areln defaulG Fee must be pald no later than 15 days a(ter you glve us notice !/any volues or number o(days are blonk or "0," then this section does not appty. K, Violation Charges Animal4iolation (Par. 12.2) Initialchargeof5 1D0.00 peranimal�not to exceed 5100 per animaq and Adailychargeof5 10.00 peranimal (not to exceed 510 per day per animaq Insurance Violation �Master Lease Addendum orotherseparateaddendum) 5 L. Additional Rent- Monthly Recurring Fixed Charges. You will payseparately lor these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this lease. Animal rent 5 Cable/satellite $ Package service 5 -- — Internet 5___ Pest control $ 5. 00 Stormwater/drainage 5`___ Trashservice 5 10.00 Washer/Dryer S 75.00 Other; Internet and Cable Other: --- _ 5 90.00 Other: 5 Other: 5 S M. Utilities and Other Variable Charges. You will payseparately forgas, water, wastewater, elechicity, trash/recyding, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connectlon Charge orTransfer Fee: S__ _, _(not to exceed 5501 lo be paid within 5 days of written notice (Par, 3.5) N.Other Charges and Requfrements.You will pay separetely for Ihese items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access pevice: S __ Additlonal or Replacement Access Devices: S____ __________ RequiredlnsuranceLiabilityLimit(peroccurrence):5 100000_00 Spetial Prov(sions. See Par. 32 or additional addenda attached. Tliis Lease cannot be changed unless in tivritiny and signed by you and us. -- �a,encanaC=-y _ r-�n-..,:,�_._,_�..-_.._�,..:...._�...._..------- Apartmenl Lease ContraU �2023, Texas Aparlment Association, Inc. W i . 7age i o16 �__ Y�_.�- � . , . , . ,,—,-F-..2'7 `_� i.s�'�S�''�at, .t �- � 1. Definitions. The (ollowing terms aie commonly used in this Lease: 7.1. "Resldehts" are those lisled in "Residents" above who sign this Lease and are authorized ro live in the apartmenl. 1.2. "Occupants" are those listed in this Lease who are also autho- rized to live in the apartment, but who do not sign ihis Lease. 1.3. "Owner" may be identified by an assumed name and is the owner onlyand not property managers oranyone else. 1.4. "Including" in this Lease means "induding but not limited to." 1�$• "CommuNry Policies" are the written apartment rules and policies, including propertysignage and instructionz for care oCour property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" Is monthly base rent plus additional monthly recurring fixed charges. 7.7, "Lease" indudes this document, any addenda and attachments, Community Polides and Special Provisions. 2• Apartment. You are leasing the apartment listed above (or use as a private residenee only. �.1. Access. In accordance with this Lease, you'll receive access information or devices (or your apar[ment and mailbox, and other access devices induding: __________ 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations or accredi� tations associated with the property are subject to change. 3. Rent. You must pay yourRent on or be%re the ist day o(each monfh (due datel wlthout demand, There are no exceptions regording the payment ofRent and you agree r�ot paying Rent an or 6elore the 7st ofeach month Is a mnterial breach of this Lease. 3•1• Payments. You will pay your Rent by any method, manner and piace we speciFy in accordance with this Lease. Cash is not accepta6le wlthout our prior written permission. You cannot withhold or offset Rent unless authorized 6ylaw. We may, at our opt(on, require at any time that you pay Rent and other sums due in one single payment by any method we specify. 3•2• Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it al our option and withoul notice first to any of your unpaid obligations, then to aarued rent. We may do so regardless of notat(ons on checks or money orders and regardless of when the obligations arose. All sums oiher than Rent and late (ees are due upon our demand. After the due date, we do not have to accept any payments. 3.3. Late Fees, If we don't receive your monthiy base rent in full when it's due, you must pay late fees as outlined in Lease Details. 3.4. Returned Payment Fee. You'll pay the fee listed in Lease Details for each retumed check or rejected electronic payment, plus initial and daily late fees i(applicable, until we receive full payment in an acceptable method. 3.5. Utilities and Services. You'll pay foi all utilities and services, related deposits, and any charges or fees when Ihey are due and as outlined in this Lease. Television channels that are provided may be changed during lhe Lease term if the change applies to all residents. If your electricity is Interrupted, you must use only battery- operated lighting (no /lames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason—induding disconnection for not paying your bills—until the Lease term or renewal period ends. If a utility Is Individually metered, it must be connected in your name and you must notify the provider of your move- out date. If you delay getting service turned on in your name by this Lease's start date or cause it to be trensferred back into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost o( the utilities used wliile the utility should have been bllled to you. if your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable providei fees, Induding any fees to change service back into our name after you move out. 3.6. LeaseChanges,Leasechangesareonlyallowedduringthe Lease term or renewal period if governed by Par.10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed byyou and us. At or after the end of the initial Lease term, Rent increases will become effective with al least 5 days plus the number of days' advance notice contained in �ox F on page 1 In writing from us to you. Your new Lease, which may indude increased Rem or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move-out notiw under Pac 25, which applies only ro the end oithe current Lease term or renewal period. Apartment Lease (onlract U20i3, Tezas Apartmenl Associali0n, Inc. 4. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month-to-month unless either party gives written notice o( lermination or intent to move out as required by Par. 25 dnd spetified on paye 1. !f the number of dayslsn't filled in, no• tice o(at lenst 30 dnys is required. 5, Security Deposit. The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit will be designated in an animal addendum. Security deposits may not be ap- plied to Renl without our prior wrltten consent. 5.1, Refunds and Deductions. You must aive us your advance notice of move out as nrovided by Par 25 and forwardinn address in wntma to receive a written descri�tion and I�emized Iist of charnes or refund In acrordance with this Lease and as alfowed 6ylaw, we may deduct from your securlty deposit any nmounts due under thls Lease, Ifyou t—neveoutearlvorinresnonsetonnoticetovacnte youllbg Nable (orrekevuia c � r s. Upon receipt of your move-out date and forwarding address in writing, Ihe security deposit will be returned Qess lawful deductions) wilh an itemized accounting o(any deductions, no later than 30 days afler surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. 6. Insurahce. Ourinsurance doesn'f cover the loss ol ordamage to yourpersona! property, You �vill be required to have liability insur- ance as specified in this Lease unless otherwise prohibited by law. I( you have insurance covering the apartment or your personal belong- ings at Ihe time you or we suffer or allege a loss, you a9ree to require yourinsurance carrier ro walveany insurance subrogation rights Eve�i i( nol required, we urge you tn obtain your o�vn Insurance (or losses due to Iheft, fire, Oood, water, pipe leaks and similar ocwrrenc es. Most renter's insurance policies don't cover losses due to a flood, 7. Reletting and Early Lease Termination. This Lcase may not be ter minated early except as provided in this Lease. 7.1. Reletting Charge, You'll be liable for a reletting charge as listed in Lease Details, {not to exceed 8590 of the highest monthly Rent during Ihe Lease term) i(you: (A) fail to move in, or fail to give written move-out notice as required in Par. 25; (B) move oul without paying Rent in full for the entire Lease term or renewal period; (C) move out at ow demand because of your default; or (D) are judicially evicted. The reletting charge is not a terminatlon, cancellation or buyout fee and does not release you from your obligations under this Lease, induding liability (or future or pasbdue Rent, chargez foi damages or other sums due. The relettiny charge is a liquidated amount mvering only parl of our damages—for our time, effort, and ezpense in finding and processing a replacement residenL These damages are uncertain and hard to ascertain—p�rticularly tliose relating to inconvenience, paperwor4, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator-service tees. You agree that the relet[ing charge is a reasonable estimate Of oU� ddmage5 Bnd th3� the charge is dve whether or not our reletting attempts succeed. 7•2• Early Lease Termination Option Procedure. In addirion to your termina�ion rights re(erred to in 73 or 8.1 below, if this provision applies under leaze Details, you may opt to lerminate this Lease prior to (he end o( Ihe Lease lerm 1/all of the /ollowing octur: (aJ as outlined in Lease Oetails, you yive us wriUen nolice of early termination, pay the Early Termina� tion Option fee in full and specify the date by which you'll move out; (b) you are not in default at any time and do not hold over; and (d you repay all rent concessions, credits or discounts you received during the Lease term. If you are In defauit, the lease remedies apply. 7.3. SpecialTerminationRfghts,Youmayhavetherlghtunder Texas la w to terminate lhis L ease early in certain situqtions involving military deploymenf or trnnsler, /am11y vlolence, certaln sexual oHenses, stalking ordeath o/a sole resident. 8. Delay ot Occupancy. We are not responsible tor any deiay of youi occupancy caused by construction, repairs, deaning, or a previous resident's holding ovec This Lease will remain in force subject to (1) abatement o( Rent on a daily basis during delay, nnd (2) your right to terminate this Lease in writinq as set forth beloh�. Rent abatemenl and Lease termination do nol apply if the delay is for Qeaning or re- pairs that don't preven� you from moving into the apartment. SJ. Termination. i( we give written notice to you of a delay in oaupancy when or after this Lease begins, you may termi- nate Ihis Lease within 3 days after you receive written notice. If we give you written notice before the date this lease hegins and the notice states that a<onst�uction or other delay is expected and that the apartment will be ready (or you to occupy on a specific date, you may terminate this Lease tiv�thin 7 days after receiving written notice. �(ter proper termination, you are entilled vnly to re(und uf any deposit(s) and any Rent you paid. Pagr 7 0l6 9. Care of Unit and pamages. You must promptly pay or reimburse us for loss, damage, consequential damages, govemment fines orcharg- es, orcost o(repairs or serWce in the apartment communiry because of a Lease violation; improper use, negligence, or other conduct by you, your invitees, youroccupants, or your guests; or, as allowed by law, any other <ause not due to our negligence or (aidt, except (or damages by acts of God lo the extent they couldn't be mitigated by your action or inaction. Uriless damage or wastewaterstoppage is due to aur negligence, we're not 11a61e (or—�nd you must pny for—repoirs nnd replac¢- ments occurring during the Lease term orrenewal period, includ- ing; (A) damage /rom wastewaterstoppages cuused bylmproper ob/ects in lines excluslvely serving your apartmenU (�) damage to doors, windows, orsrreens; and (C) damage Irom windows ordoors /e/t open. � ��`'—o�fec.�CW?''4'�:�'a.$;fF 10. CommunftyPolicles,CommunityPaliciesbecomepartofthls Leose and must be followed. We may make changes; including addi- tions, to ourwritten Community Polides, and those changes can be- mme effective immediately if the Community Policies are distributed and applitable to all units in the apartment community and do not change ihe dollar amounts owed under this Lease. 10,7. Photo/Video Release, You give us permission to use any photograph, likeness, ima9e or video taken of you while you are using propertycommon areas or partidpating in any event sponsored by us. 10.2. Disclosureotlnformation,Atoursoleoption,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 9ive us information about pending or actual connections oi disconnections of utility service to your apartment. 10.3, Guests. We may exdude from the apartment community any guests or others who, in our sole judgrnent, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exdude from any outside area or common area anyone who refuses to show photo identification or re(uses 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 monlh. If the previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictlons and Registration. You must notify us within 15 days if you or any of your occupants: (A) are convicted o(any felony, (B) are convicted of any misdemeanor involving a cantrolled substance, violence to another person, or destruction oi property, or (q register as a sex oRender. Informing us of a criminal conviction or sex-offender registretion doesn't waive any rights we may have against you. 10.5. Odors, Nofse and Construction. You agree Ihat odors and smells pnduding those related to cooking}, everyday noises or sounds related to repair, renovation, improvement, or construction in or around the property are all a normal part of a multifamily living environment and that it is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or �onduct by you, your occupants or guests Is a breach of this Lease. You must Use customary diligence in malntaining the apartment, keeping (t in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use ol passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct, You, your occupants, and your guests will not engage in certain prohibited conduct, induding the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled subslance 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, displaying or possessing a gun, knife. or other weapon In the mmmon area, or in a way that may alarm others; (b) behaving in a loud, obnoxious or dangerous manner; Apartment Lease Conlract �2023. Texas Apa�iment Association, Inc. (c) dirturbingorthreateninqtherighls,comfort,health,safely, orconvenience ofothers,including us,ourayents,orour representatives; (d) disrupting our business operations; (e) sroring anylhing in dosets containing water healers or gas appliances; (�l tampering with utilities or telecommunication equipmenl; (g) bringing hazardous matenals into the apartment community; (h) usingwindowsforentryorexih (i) heating the apartment wfth gas-operated appliances; Q) making bad-faith or (alse allegations againsl us or our agents to others; (k) smoking o( any kind, that is not in accordance with Ihls Lease; (p using glass containers in or near pools; oi (m) conducting any kind o( business (induding child-care services) in your apartment or In the apartment community—excepl (or any law(ul businers conducted "at home" by computer, mail, or telephone if customers, dients, patients, employees or other business associates do not come [o your apartment for business purposes. 12. Anlmals.Nolivingcreaturesolanykindnrenflowed,eventempo� iarily, anywhere in the apartment or apartment tommunity un- less we've given �vritten permission. If we allow an animal, you must sign a separale 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 iz considered a gener al security deposit. You represent Ihat any requests, slatements and representations you make, induding those (or an assiztance or sup- port animal, are true, accurate and made in good faith. Feeding s(ray, feral or wild animals is a breach of this Lease. 72.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (7) leaving, in a conspicuous pla<e in the apartment, a written notice o(our intent to remove the animal within 2q hours; and (2) (o�lowing the procedures of Par. 14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or reswe organization; or retum the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animaPs reasonable care and kenneliiig charges. 12.2. Violations of Animal Policies and Charges. If you or any guest Or ocapant violates the animal resUictions o( this lease or our Community Policies, you'll be subjed to tharges, damages, eviction. and othe� �emedies provided in thls Lease, including animal violation charges listed in Lease Detaiis from the date the animal was broughl into your apartment until it is removed. If an animal has been in the apartmenl al any time dunng youi term o(occupancy jwith or wilhout our consentl, we'll charge you (or all deaning and repair costs, Induding de0eaing, deodorizing, and shampooing Initial and daily animal-violation charges and animal-removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and plare of parking of all motorized vehicles and other modes of transportation, including bicydes and scooters, in this Lease. In addition to other rights we have to tow or boot vehidcs under state law, we also have the right to remove, at the expense of the vehide owner or operator, any vehicle that is no! in compliance with this Lease. 14. When We May Enter, If you or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized ro enter under your rental applicalion, orour representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. I( nobody is in the apa.tment, Ihen any such person may enter peace- fully and a[ reasona6le times �by breaking a window or other means when necessary) for reasonable business purposes if written notice of the en(ry 15 lef� in a conspicuou5 place in the apartment immediately after the entry, We are under no obligation to enter only when you are present, and we may, but are not obligaled to, give prior notice or make appointments. Pagz 3 0l E 75. Requests, Repairs and Malfunctions. 15.1. WrittenRequestsRequired.lfyouoranyoccupantneeds �o send a request—forexample, forrepairs, instnllations, servlces, ownership disdosure, orsecurityrelated mniters— it must be written and delivered to ourdesignoted representativein accordance with fhJs Lease (excepl for fair-housing accommodation or modification requests or situations involving imminent danyer or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress).Our written notes regarding your oral request do not constitute a written request from you.0ur complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, rnnnner, methodandmeans o/perlormin9malntennnce and repairs, induding whetheror which vendors to use, nre wJtftln oursole discretlon, 15.2. Your Requfrement to Notify. You must promptly notily us in writing of air conditioning or heating problems, warer leaks or moisture, mold, electrical problems, mal(unctionin9 lights, broken or missing locks or latches, or any other condition that poses a hazard or Ihreat ro property, health, or safety. Unless we instruct otherwise, you are required to keep the apartment cooled or heated according to this Lease. Air conditioning problems are normally not emergencies. 15.3. Utilfties. We may change orinstall utility lines or equipment serving the apartment iFthe work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or otheremergencies.lf utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4, Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty-insurance proceeds are received. UnlesS required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time" accounts For the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. Ifwe (ail to timelyrepoira condition thaf mafedallyaf/ects the physicnl health orsa(ety ofan ordinary resldent as required by the Texas Propert y Code, you mny be entitled to exerclse remedJes under � 92.056 and § 92.0561 olthe Texas Property Code. lf you lollow the procedures under those sectfons, the lollowing remedles, among others, maybeavailable toyou; (1) termination of this Lease and an appropriate re/und under 92.056(fJ; (2)have the rondltion repaired or remedied according to § 92,OS61; (3) deduct from the Rent the cost of th e repair or remedy according to 4 92, 0561; nnd 4) judicia! remedies according to § 92,0563. 16, ourRighttoTerminateforApartmentCommunityDamageor Closure. If, in our solejudgment, damages to the unit or building are sfgnificant or performance oF needed repairs poses a danger to you, we may termina[e Ihis Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you ag�ee we'll re(und only prorated rent and all deposits, minus lawful deduo- tions. We may remove and dispose of your personal property if, in our zoleJudgment, it causes a health or safety hazard or impedes our ability to make repairs. 16,1, Property Closure, We also have the right to terminate this Lease and your right to possession by giving you a� least 30 days' written notice of termination IF we are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Asslynments and Subletting. You may not assign this Lease or sub let your apartment. You agree that you won'1 rent, offer to rent or license ail or any part of your apartment lo anyone else unless olhei wise agreed to in advance by us in writing. You agree thal you won't accept anythinq of value from anyone else for the use o(any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devlces. We'll payfor missing securitv de- vicesthatarereauiredbvlaw You'llnavfor (Alrekeyingthat yo r au st funless we failed to rekey afte�th�previous rrsi- dent moved outh and fDl repairs orreolacements because of misuseordamaaebvvouorvourfamilv vouroccuuants or our uests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Aparlment Lease Conlracl E�2023, Texas Apartmenl qssocial�on. Inc. Texas Property Code secs. 91.151, 92,153, and 92,154 require, witl� some exceptlons, that we provlde atno cost to you wlien occupnncy 6egins: (A) a windowlatch on ea[h window; (p)� doorviewer(peep• lio/e or windowJ on each exteriordoor; (C1 n pin lock on each sliding door, (pJ eithera door-handle latch or a seuuify bar on each sliding door, (EJ a keyless bolting device (de�dbolt) on each exterioidoor,• and (FJ eithera keyeddoarknob lock orn keyed deadbolf lock on one entry doar. Keyed locks will be rekeyed after the prior resident moves ouL The rekeying w111 be done either beloie you move hr w within 7 days nfter you move in, as required by la w. lI we (a/� to in • stoll or rekey securlty devices as required 6y law, you have the rlght to do so and deduct the reasonable cost /rom yaurnextRenf pny- ment under Texas Property Code sec, 92.165�1), We may deadivnte ornot install keyless bolting devices on yourdoors i!(AJ you or an occupant in U�e dwelling Is over55 or d(sabled, and (AJ fhe require- men fs ol7exas Property Code sec. 92, 753(eJ or (f) nre sa tisfied. 18.7• Smoke Alarms and Detection Pevices. We'll furnish smoke alarms or otherdeleclion devices required by law or city ordinance. We may install additional detectors not so required. We'll tezt them and provide working batteries when you firsl take possession o( your apartment. Upon requesl, we'll provide, as required by law, a smoke alarm capable of alerliny a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neitheryou noryourguests or oaupants may disable alarms or detectors. lf you damage or disable the smoke alarm orremove a bpttery wifhoutreplacing it with a working bottery, you may be 1ia61e to us under Texns Pro perty Code sec. 92, 2611 /or 5100 plus one month's Rent, actual damnges, And attorney's fees. 78.2. puty to Report, You must immediately report to us any missing, malfunctioning or defedive se<urity devices, smoke alarms or detectors. You'll be liable i( you fail ro report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. ResidentSafetyandLoss.Unlessotherwiterequiredbylaw,none of us, our em ployees, agents, or managemenf mmponies are liable to you, yow guests or occupan ts /or any dnmage, personql injury, loss to personal property, orlossolbuslness orpersonalincome, Irom an y cause, including but nof limit ed to: negligent or inten tion- al acts olresidents, occupants, orguests; thelt, bu�gfary, ossault, vandalism or other crimes fire, Oaod, wnter leaks, rnin, hafl,lce, snow, smoke, I19htning, wind, explosions, interruptlon o/utilities, plpe fenks or other occurren ces unless such damage, lnjury or loss is coused exdusively by our negligence. We do rtot wariant security ofany kind. You a9ree that you will not rely upon anysewrity measures taken by us for personal security, and that you will call 911 and local law enforcement authoriiies it any security needs arise. You acknowledge that we are not equipped pr trained to provide personal security services to you, your guests or occupants. You reo- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame• nities are provided, they aie mechanical devicez that can malfuno tion. Any charges resulting From the use o(an intrusion alarm will be charged to you, indudinq, but not limited to, any false alarms wilh police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. �o.l. As-Is. We dlsdaim all implied warranties. You accepl the apartment, fixtures, and furniture as is, except for conditions materially aNecting the health or satety of ordinary persons. You'll be given an inventory and Condition Form at or be(ore move-in. You agree that after complelion of Ihe (orm or wlthin 48 hours af[ei move-in, whichever comes first, you must note on the (orm all defects or damage, sign lhe form, return it to us, and the form ac<urately reflects !he condition of the premises for purposes of determining any re(und due to you when you move out. Othenvise, everythinq will be considered to be in a dean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par tS.t. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not per(orm any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our prope�ty. No holes or stickers are allowed inside or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number o1 small nail holes (or hanging pictures on sheetrock walls and in grooves o(wood-paneled walls. No water Furniture, washing machines, dryers, extra phone or television outlels, alarm systems, cameras, two-way talk device, video or olher door Paye a of 6 bells, or lock changes, additions, or rekeying is permitted unless requlred by law or we've consented in writing. You may (nstall a satelllte dish or antenna, but only if you sign ovr satelBte dish or antenna lease addendum, which complies with reasonable restrictlons allowed by tederel law, You must not alter, damage, or remove our property, Induding alarm systems, detection devlces, appliances, furniture, telephone and telev(slon wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixturez we furnish, in- duding exterior fixtures operated (rom Inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or From us. Notices to you or any other resident o( the apartment constitute notice to all residents. Notices and requests (rom any resident constitute notice (rom all residents.Only resfdents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documen[s will be In English and, at our option, in any other language that you read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law.lf allowed by law and in accordan<e with this Lease, electronic notice from you to us must be sent to the email address and/or portal specified in tliis Lease, Notice may aiso be given by phone call or to a physical address i(allowed in this Lease. You represent that you have provided your current email address to us, and that you will notify us in the event your emaii address changes. _ -. 1- • 1 1 y '..+�"'�4.�.,. "A "'i,' �Si `-7 22. Liabiflty. Each resident (s jointly 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 Leaze. 22.1. In dem nification by You. You'!1 de(end, indemnify and hofd us and ouremployees, agents, nndmanagement company harmless from nlllinbility arising /rom your canduct or �equests to ourrepresentatives andlrom the conduct ofor requests 6y yourinvitees, occupa�ts orguesfs, 23. DefaultbyResidenL 23•7. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (Q) you orany guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give incorrect, incomplete, ar False answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudicatlon or pretrial diversion for (1) an offense involving actual or po[enUal physical harm to a person, or involving the manufacture ordelivery of a controiled substance, marijuana, or druq paraphemalia as defined in the Texas Controlled Substances Act, or (2) any sex- related crime, including a misdemeanor. 23.2, Evlction.11youdefault,lncludingholdingover,wemay endyourrlght ofoccupancy by giving you at least a 24- hourwrltten notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. Aflergiving notice to vncate o� filing an eviction suit, we maystill occept Rent or other sums due; the filing oracceptance doesn't waive or diminlsh ourrighto/eviction oranyothercontractual or statutoryright. Aaepting moneyat any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continufng with eviction proceedings. In an evictlon, Rent is owed for the full rental period and will not be prorated. 23.3. Accelerallon. Unless we elect not to accelerate Rent, all monthly Hent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or a(ter acceleration) and will be immediately due iC without our written consent: (A) you move out, remove property in preparing to move out, or you or any oc<upant gives oral or written notice o( intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent (or the entire Lease term or renewal perlod. Remaining Rent will aiso be accelerated if you're Judicially evicted or move out when we demand becauseyou've de(aulted. Aparlmenl Lease Contracl 02073, Teras Aparlmenl AsSociaiion, Inc. 23.4. 23.5. I( you dori t pay the first monUi s Rent �vhen or before this Lease begins, all future Rent for the Lease tenn will be aulomatically accelera[ed without notice and become immediately due. We a Iso may end your right of occupa ncy and recover damages, future Rent, attomey's fees, court costs, and other lawful charges. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained in: (1) your move-out notice (2J our notice to vacate, (3) our notice of non-renewal, or (4) a written agreement specifying a different move-out date. If a holdover occurs, then you'll be 1ia61e to us for all Rent for lhe full term of the previously si9ned lease o( a new resident who can't occupy because o( the holdover, and at our option, we may extend the Lease term and/or increase the Rent by 25%by delivering written notiw ta you or your apartment while you continue to hold over. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law, I( we or our debt collector tries to collect any money you owe us, you agree that we or the debt collecbr may contact you by any legal means. If you de(ault, you wlll pay us, in addition to other sums due, any rental dlscounts or concessions agreed to in writiny that have been applied to your aaounL We may remver atlorney's fees in connection with en(orcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003�c) (rom the due date. You must pay all collecUon- agency fees i( you fail to pay sums due within 10 d'dys after you are mailed a Ietter demanding payment and stating that collection-agency (ees will be added if you don't pay all sums by that deadline. You are also liable (or a charge (no! to exceed 5150) to cover our time, <ost and expense for any eviction proceeding against you, pius our attomey's fees and expenses, court costs, and filing fees actually paid. 24. Representatives' Autliority and Walvers.Ourrepresentatives (in- cluding monngement pe�sonnel, ernployees, ond agents) have no outhority to walve, nm end, or t erminate thls Lease or ony parf o/It unless in wr(ting and sign ed, and no aut hority to make promises, rep- resentatlons, or agreements thot impose security duties or other ob- ligotions on us or our representntives, unless in w�iting ond sign ed. No ac tlon or omission by us will be considered a waiver of our nyhts or of any subsequent violation, default, or time or place o(performance. Our choice to en/orce, not enforce or delay en/orcem ent o(writ ten•no- tice requlrements, renfal due dates, acreleration, liens, oranyother rights 1sn't a woiver under any circwnstances. Delay in dem anding sums you owe is not a waivec Except when notice or demand is required by law, you waive any notice and demand for performance from us if you deiault. Nothing in this Lease constitutes a waiverolour remedies for a breach underyour prior lease Ihat ocwrred before Ihe Lease term begins. Your Lease is subordinate to existing and future recorded ntortgages, un- less the owner 5 lender choozes otherwise. All remedies are cumula6ve. Ezertising one remedy won't constitute an election or waiver of other remedies. All provisions reqarding our nontiability or nonduty apply to our employees, agents, and manage rnent companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other ob�iga- tions merely by virtue of atting on our behalf. �...'`y` �.��'Ta- � � 4'�i'T� 1 � �'£F..�..__-,�v..._ 7 3.s+ vWY� ti�kay �"tt �'���a 25. Move-OutNotice. Beforemovfngout,youmustgiveourrepresen- tative advance wriften move-out notice as statedin Par. 4, even il this Cease hns become a month•to-month lease. The move-out date can't be changed unless we and you both agree in writing Vourmove-out notice must comply with each o/ the /allowing: (a) Unless we require more than 30 days' notice, iFyou give notice on the first day o( the month you intend to move out, move out will be on the last day of that month. (b) Your move-out notice must nol terminate this Lease before the end o( the Lease term o� renewa� period. (c) I( we require you to give us more than 30 days' written notice to move out before the end of the Lease term, we wlll give you 1 written reminder not less lhan 5 days nor more lhan 90 days before your deadline forgiving us your written move-out notice. If we lail to give a reminder notice, 30 days' written notice to move out is required. (d) You must get from us a written acknowledgment of your notice, 26. Move-Out Procedures. 26.1. Cleaning.Youmustthoroughlydeantheapartment,i�duding doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must (ollowmove-out cleaning instructions i( lhey have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges—including charges for cleanlny carpets, draperies, fumiWre, walls, etc. that are soiled beyond Page 5 nl fi normal wear (that is,wear or soiling that ocars without negligence,carelessness,accident,orabuse). 26.2, Move-Out Inspection. We may, but are nol obligaled to, provide ajoint move-out Inspection. Our representatives have no authority to bind or limit us regarding deductions (or repa(rs, damages, or charges. Any statements or estimates by us or our representative are subject to ourcorrection, modi- fication, or disapproval be(ore final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartmenl when: (A) the move-out date lias passed and no one is Iiving in the apartment in our reasonable judgment; or �B) apartmeni keys and ao cess devices listed In Par. 2,1 have been tumed in to 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; (61 you've been in default Ior nonpayment of Rent for 5 consewtive days, or water, gas, orelect�ic service for the apartment not connected in our name has been terminated or transferred; and (q you've not responded for 2 days to our noHce left on the inside of the main entry door stating that we <onsider the apartment aban- doned. An apartment Is also considered abandoned 10 days after tlie death of a sole resident. 27,1. The Ending of Your Rights. Surrender, abandonment, or judicial evictioii 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. 27.2. Removal and Storage of Property, We, orlaw officers, may— but have no duty to—remove or store all property that in our solejudgment belongs to you and remains in the apartment or in common areas (induding any vehides you or any occupant or guest owns or uses) a(ter you'rejudicially evicted orifyousurrenderorabandontheapartment. We're notliable lorcasualty, loss, darnage, or the/t. You musl pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal properry that is: (1) le(t in the apartment after surrender or abandonment; or (2? left oulside more than i hour after writ of possession is executed, followingJudicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a tocal authority, humane society, or rescue organization. • � � � .';:i� " ' � � • : 7 28. TAA Membership, We, the management company representing us, or any locator service that you uzed confirms membership in yood standing o(6oth the Texas Apartment Association and the affiliated Iocal apartment association for the area where the apartment is located at the time of signin9 this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceabie by us (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply if both of the following occur: (1) this Lease is automat(cally renewed on a month-to-month basis more than onte after membership in TAA and the local asso[lation has lapsed; and (2) neither the owner nor the man- agement company is a memberof TAA and the local association du�ing the third automatic renewal. A signed affidavit (rom 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 if TAA agrees in writing. Name, address and telephone numbero( locator service (i(applicable): 29, SeverablUty and Survivability. If any provision of this Lease is inval- id or unenforceable under applicable law, ft won't invalidate the re• mainderof this Lease or change the inient o(the parties. Paragraphs 10,1,10.2, 16, 22.1, 27, 30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law govems Ihis Lease. All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 37. Waivers. [3y signing this Lease, you agree to the following: 31,1. ClassActionWaiver. Youagreethatyouwillnotparlicipate in any class action daims against us or our employees, agents, or management company. You must file any clalm against us individualiy, and you expressly waive yourrlghf to bring, represent,joln orotherwise mafntain a class actlon, colfect lve actlon or similar proceeding against us in nny for�m. Aparlmem Leaze Contract, TpA OFficialStatewide Fnrm 23�A/[i� �/8�2 Nevised Ouobe� 2U:3 YOD UNDERSTAND THAT, WITHOUT7HIS WAIVER YOU COULD BE A PARTY �N A CLA55 ACTION LAWS IT 6Y SIGNINGTHISLE SE OUACCEpTTHISWAIV pn�D_ Cy005E 70 HAVEANY�g�S DECIOED IND�V�DI�ALLY. LfiP34V1510N50FTHISPARAGR�p SHALLSURVIVE 7HE TERMINATIONOR EXPIRATION OF THI LEA E 31.2. Force Majeure. I(we are prevented (rom completing substan- tial per(ormance of aiiy obligation unde� this Lease by occurrences that are beyond our control, indudiny but not limited to, an act of God, strikes, epidemics, war, acts of tenorism, riots, Oood, fire, hurricane, tomado, sa6otage or govemmental regulation, then we shall be excused from iny further performance of obligations to (he fullest extent allowed by law. 32. Special Provisions, The (ollowing, or altached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any con0icting provisions in this Lease. Resident is resaonsible to pav for utilities, plus cable and internet of $90.00 oer month Before su6mitting a rental application or signing this Lease, you should review the dorurnents and may consult an attorney, You are bound by this Lease when it is signed. An electronic signature Is binding. This Lease, including all addenda, is the entire agreement between you and us. You agree that you are NOT relying on any oralrepresentations, Resident orResidents (all sign belov�) �Name o( ReSidenU IName of ResidenU (Name o(Resident) (Name of ResidenU (Name o( ResldenU �ate signed Date sfgned � Date signed Date zigned Date signed wn o w er's pr ent fi (signing on behalf of owner) Paqe 6 0( 6 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:6/25/2024 REFERENCE NO.:M&C 24-0552 LOG NAME:192024-2025 ACTION PLAN CODE:C TYPE:NON-CONSENT PUBLIC HEARING:YES SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff: Sharon Burkley; b. Public Comment c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2024-2025 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,036,747.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs; 2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of $7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and $2,651,960.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated total of $341,260.45. Page 1 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024 DISCUSSION: The City's 2024-2025 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2024 and ending September 30, 2025 for use of federal grant funds totaling $13,036,747.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low-and moderate-income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2024. All proposals were received on March 15, 2024. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 10, 2024, to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 8, 2024. A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star-Telegram on May 13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the Weatherford Democrat on May 18, 2024. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on May 29, 2024, and the second public hearing is scheduled for the City Council on June 25, 2024. A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be submitted to HUD by August 15, 2024. Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, as the Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low-to-moderate income citizens. This amount is calculated based on the estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00. This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as follows: Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate-income persons, persons with disabilities, and disadvantaged persons Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, and accessibility modifications for seniors and persons with disabilities Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation Program Delivery - $980,000.00: Includes program delivery costs for housing programs Administration - $1,401,375.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM Page 2 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024 For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as follows: Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost assistance for low- and moderate-income homebuyers Community Housing Development Organizations (CHDOs) for affordable housing projects - $414,471.60: These funds will be used by Housing Channel for an affordable housing development in southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new construction of 248 residential units comprised of the following: 125 Single Family attached townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units (approximately 42\%) will be sold to low to moderate income households at or below 80\% Area Median Income (AMI). This funding is part of a multi-year commitment to Housing Channel for a total of five years. Major Projects - $2,000,000.00: Includes $1,000,000.00 allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $276,314.40: Includes costs for administering the HOME grant Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,626,781.00 Neighborhood Services Department - $945,620.00 Administration - $79,559.00 EMERGENCY SOLUTIONS GRANT For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be allocated as follows: Public Service Agencies - $568,660.00 Administration - $46,108.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT Housing Channel Affordable Housing Housing Counseling & Education $111,000.00 Meals-On-Wheels, Inc. of Tarrant County Aging In Place Nutrition Program $75,000.00 Sixty and Better, Inc. Aging In Place Increasing Access to Basic Needs for Senior Adults $50,000.00 AB Christian Learning Center Children and Youth Services Out of School Time Program $90,000.00 $80,000.00 Page 3 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024 Boys & Girls Clubs of Greater Tarrant County, Inc. Children and Youth Services Youth Development at Eastside Branch Camp Fire First Texas Children and Youth Services Teens In Action $78,300.00 Girls Incorporated of Tarrant County Children and Youth Services Girls Inc. of Tarrant County $100,000.00 Junior Achievement of the Chisholm Trail, Inc. Children and Youth Services Cradle to Career Initiative $50,000.00 United Community Centers, Inc. Children and Youth Services Holistic Educational Literacy Program $90,000.00 Easter Seals North Texas, Inc.Economic Empowerment and Financial Resilience Employment Services $60,000.00 Taste Project Economic Empowerment and Financial Resilience Culinary Workforce Development Program $25,000.00 The Ladder Alliance Economic Empowerment and Financial Resilience Tarrant County Workforce Development $81,731.00 The Women's Center of Tarrant County, Inc. Economic Empowerment and Financial Resilience Employment Solutions $60,000.00 Your Harvest House, Inc.Economic Empowerment and Financial Resilience Client Aid Services $25,000.00 Cancer Care Services Healthy Living and Wellness Increasing Health Equity by Decreasing Health Disparities $50,000.00 Tarrant Area Food Bank Healthy Living and Wellness Home Delivery $25,000.00 CDBG Public Services Agencies Total $1,051,031.00 Rehabilitation, Education and Advocacy for Citizens with Handicaps dba REACH, Inc. Accessibility Improvements Project Ramp $165,000.00 Fort Worth Area Habitat for Humanity, Inc. DBA Trinity Habitat for Humanity Housing Preservation and Rehabilitation Cowtown Brush Up $455,000.00 CDBG Subrecipient Agencies Total $620,000.00 TOTAL CDBG CONTRACTS $1,671,031.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT AIDS Outreach Center, Inc. Homelessness Prevention and Special Needs Support The Housing Assistance Program - Administration, Tenant- Based Rental Assistance (TBRA), Short-Term Rent, Mortgage, and Utility Assistance $326,781.00 Page 4 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024 (STRMU), Supportive Services Tarrant County Samaritan Housing, Inc. Homelessness Prevention and Special Needs Support HOPWA Program - Administration, Tenant- Based Rental Assistance (TBRA), Short-Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services, Facility-Based Operations (FBO) $1,300,000.00 TOTAL HOPWA CONTRACTS $1,626,781.00 Emergency Solutions Grants Contracts TABLE 3: ESG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGAM AMOUNT The Presbyterian Night Shelter of Tarrant County, Inc. Homelessness Prevention and Special Needs Support Shelter Operations/Services $127,345.00 Lighthouse for the Homeless dba True Worth Place Homelessness Prevention and Special Needs Support Day Shelter Operations/Services $138,851.00 SafeHaven of Tarrant County Homelessness Prevention and Special Needs Support Shelter Operations/Services $75,000.00 Center for Transforming Lives Homelessness Prevention and Special Needs Support Rapid Re-Housing $75,901.00 The Salvation Army Homelessness Prevention and Special Needs Support Homelessness Prevention $151,563.00 TOTAL ESG CONTRACTS $568,660.00 All figures have been rounded to the nearest dollar for presentation purposes. Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations. These programs are available in ALL COUNCIL DISTRICTS. Page 5 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. These are reimbursement grants. TO FROM Submitted for City Manager's Office by:Fernando Costa (6122) Originating Department Head:Kacey Bess (8187) Additional Information Contact:Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2024_Agency Form 1295 Forms.pdf (CFW Internal) 2024-2025 Action Plan_Secretary of State Filings.pdf (CFW Internal) Action Plan Budget-Staff Recommendations_052924.pptx (CFW Internal) IR_2024-2025 ACTION PLAN.docx (CFW Internal) ORD.APP192024-2025 ACTION PLANFY24_AO(r7).docx (Public) Page 6 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/2024