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HomeMy WebLinkAboutContract 63752Rental Assistance Landlord Agreement Page 1 of 14 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PROVISION AT NORTH VALENTINE, LP. This RENTAL ASSISTANCE LANDLORD AGREEMENT (“Agreement”) is made and entered into between the CITY OF FORT WORTH (“City”), and Provision at North Valentine, LP. (“Landlord”), each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, (“Tenant”) is a participant in the City’s rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City’s payment of the defined portion of Tenant’s rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A – Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party’s performance, agree to the following terms and conditions: 1.PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a two-bedroom (“Lease”). The unit is located at (“Unit”), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on July 1, 2025, and shall expire on June 30, 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 14 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 $250.00 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, 373.00 per month for the Unit. The Tenant shall be responsible for $0.00 rent per month The City shall be responsible for $1, 373.00 of rent per month A complete history of rental obligations due under this Agreement, per lease term, is included in Attachment A. The City’s sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. Rental Assistance Landlord Agreement Page 3 of 14 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 $181.00 utility reimbursement per month toward the Tenant’s utility payments, to be paid directly to the Landlord. 3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord’s signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 3.2.4 Method of Payment.Payments made electronically (i.e.- the City’s Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. In the event that the lease is provided to the City after the payment date, then Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day the lease is received by City. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. Rental Assistance Landlord Agreement Page 4 of 14 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. 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 Rental Assistance Landlord Agreement Page 5 of 14 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. 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. Rental Assistance Landlord Agreement Page 6 of 14 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City (“City Information”) as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. Rental Assistance Landlord Agreement Page 7 of 14 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. Section 12 shall survive the expiration or termination of this Agreement. Rental Assistance Landlord Agreement Page 8 of 14 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: Provision at North Valentine, LP 225 W Bedford Euless Road Hurst, Texas 76053 Rental Assistance Landlord Agreement Page 9 of 14 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. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. Rental Assistance Landlord Agreement Page 10 of 14 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 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 Rental Assistance Landlord Agreement Page 11 of 14 any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a “company” under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord’s signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s signature provides written verification to City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 12 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Dana Burghdoff Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kacey Bess Title: Director, Neighborhood Services Department 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: Kacey Beech Title: Leasing Agent Date: ____________________________ Rental Assistance Landlord Agreement Page 13 of 14 Attachment A History of Rental Obligations by Lease Term Lease Term Total Rent Tenant’s Portion City’s Portion Initial Term $1,373.00 $0.00 $1,373.00 Rental Assistance Landlord Agreement Page 14 of 14 EXHIBIT A Copy of Tenant’s Lease ■ �.11 �� � 'i�4:\tti.:�l':\ft'I��EI-:\'3 z.S.�()('I:\!�I(1\ ; his Lease is valid c:�ly if frlted out be`orelar,u�: y i, 2026. A�ar#r�aent �eag� Contra�t This is a b4e+di�g contrac±. Rea� ca-eiuiiy before signir,g. This Lease Contrect ("Lease"} is belween you, fhe r2sident(s) a=;isted beQo°u ard �s. T;�eterms "yo�" and "yo�r" refer .o a9! residents. The terms "we," "us;' and °our" refer to ihe owner iisted �e!ow. ;�'�;? i �L9 Residents �=_ASe i.E �A.i�S (�'vunaz Prcvisior.s at North Vai2ntir_" �.P �3ccugan*s Iz A. Apartment (Par. 2) B.Ir.itialLeaseTe:m. Begirs: 07/O1/2025 Endsat11:59p.m.on: 06/30/2025 i C. Monthly Base Rent (Pas.3) i E. Security Deposit (?a�.5} i F. Notice ofTermination cr tnient to M�ove Out (Par.?} s 5 1373.00 � S'250.00 ;•5mir.imumof o'C days'vrriitennoticao:` ;',' S :erminationcrinienteomoveout;equiradaiendoTinitiai�ease i; � � ierm or Curing ren=�vai oeriod "' � Motefhctt.hisamourt�oesnof : D.Prorated8ent � rnc!ude�r.yAnirnafLepesi° which � lfther,umoercfda�sisr.'ffrlledin,no±icaoiattecst3Cdays .�; would be reflettea in ar� � nimo! : is required. r� 5 � Addendum. h � duefortheremzinderc*1si � month or Ofor2ndmonth ' ' s;. G. Late Fees (Par. 3.3) initiai Late Fee � 10 4-c of one mo^th; monthly basz rer:*. or OS _ Due if rent urpaid by 1159 c.m. on tne �'-t� H. Returned Check or Rejec#ed Payment Fee i�ar. 3.4) 5 30.00 I. Releti¢ng Charge (Par.7.1) A reletrng chzrg= or: 1167 . OS (noT to exteed 85% of the highest monfhly Rent durin y.':e Lecse fe, may b2 charg2d in certain default situa±ions �z3Eu Late Fee 7 io c: one montn's monthly base rent for dzys or � c -- �er — dzy> (srd cr greaterl da;� o�tne mont J. �arly iermira:ion Fee Opticrs (?ar. 7.2) 5 Noiic=af 60 dzys is reauired. You are no,• eligib!e fo!earlyYermination if you are in default. Feemustbepaidno laterthcr days aiter you gi�re us notic> If any values or number c- Cnys cre biank e� "0, then this>ection does no; app!�. K. Vioiation Ci�arges Animzf u'iolation ;Pa:. i2.2} ini;ialcharaeofS ?�0.00 p=r=_nimal;not ;o e;:c=e� >1C0 per ar�im=11 and r",daifychargeo;5 =0.00 p�ranimal !nc: !o exceed S"C per day peranimal) ;nsa:.ra:±ce Violateon (Mas�e� Lease Addendum o: ot�ner se�a:ate adden�'c;m; c L. Additional Rent-MonYialy Recurring Fixec3 Charges. You will oay separetely for these it2ms as eut!ined b2loaf zn�'/or in separz't= zdd=nda, Special Previsiorn or an am2ndmenttothis Lzase. Animal rent 5 0. 00 Cahle!sztellite 5 i.^.'.eme. 5 Packageservice 5 Pestcontro! 5 0.00 Stcrrmv�tee`drzinaoe 5 Trashszrvice $ 0.00 1\%asnzr/Cryer S__ Other. � c Other: S Other: c O±h e r: r M. UYiliYies aad Other Variable Charges. Yo� will pay separately for gas, wate;, wastev✓ater, electrici:yy, �rasn/recyding, uiility oiiline i=es and other it2ms as outlin2d in szparzt2 addenda, Special Provisions or an amendment tc this Lzase. UYility Conneciian Eharge orTrarsfe� �ree: 5 50 . 00 (notte 2xceed S�Ji'.� be paid within 5 days of wricten norce (Par.3.=_) V.Oiher Chzrgesand RequiremenYs.You wiii pay separateiyforthese items or conplywith tnese re�uire^,er?s zsoutlined in a N�as<.er Lease Addendum,separateaddendaorSpecialPrevisior.s. lnitia�Access�zvice:5___—___-- Additionai or Replacemen4 Access CSaviees: 5___--- Required Insurance Liability Limit {per occurrenc=): 5____-- Special Provisions. See Par. 32 or additional addendz attacned Ttiis' ease canne: oe changzd unless n m^ng and signed by you and us. =zoe . c: _ Aparzmen; Lerse Co�trac: �42023. T=xas Apartmen[ Associa;i on, inc. 1. Definitions.ThefollowingtermsarecommonlyusedinthisLease: '1.7. "Residents" ar=those lirted in "Resid�nis" zbove evhc sign this Lease and zre authonzed to li•de in the apzrtment. L2. "Occuoants" are those listed in ,his Lease who are also autho- rized to live in the zpartment, but who do not sign :nis L=as�. 73. "Owner" mzy be identified by an zssumed name ar,d is the owner only and not property mznagers orzr.yone elsz. i.4. '9ncluding"inthisLeasemezns'indudingbutnotlim�redto." 7.5. "CommunityPolicies"arethewrittenapartmentrulesa�,d policies, induding oroperty signzge and ins7udions fcr care of our propercy znd amenities, with which you, your occupants, and your guests must comply. i.6. "RenY' is monthly base rent plus additional monthly r=curing fixed charges. 1.7. "Lease" i�cludes this document, any addenda and attachments, Community Policies and Seecial ?rovisiees. 2. Apartment. You are leasing the aqartment li>ted above ror use as a private residence only. 2.7. Access.ln accordancewith this Lease, you'll receive zcc�ss information or devices `or your apartmen, and mailbox, and other access devices induding: Gate _ 2.2. Measurements. Any dim=nsions and sizes provided?o you relating co �he apartment are only aoproximations or estimates; actual dimensions znd sizes mzy vzry. 23. Representaiions.Youagreethatdesignationsoraaredi- tations assodated wiih the property are;ubject to change. 3. Rent.YoumustpayyourRenfonorbeforethe7stdayofeac'rr month (d ue date) ,vithou: demand. There ure no exteptians regarding Yhe payment of RenY, anE you agree not paying Rent ort or before the ist cfea:h month is a material breach ofthis Lease. 3.1 3.2. Paymen4s. Ycu will pay your Rent by zny method, manner and place we specify in accordance with this Lease. Cash is not acwptable without our pnor written permission. Ycu cartnot wiihhold or offset Rent unless authorized bylaw. We may, at our option, reauire at an}' tirre thai you pay Rent and other sums due ir one single payment by any methcd we specify. Application of �ayments. Payment of each sum due is ?� independer.t cevenznt, which m=ans payments ar2 due regardlesso`ourperformance. Whenwereceivemoney, other than water and wastewater payments subjed b government regulaiion, w> may apply ii at our option and without notice firstto any ofyour unpaid obligations, then to aarued rent We may do so regardles> e� notztions on checks or w-�oney orders and regardles> o`wnen the obligatior.; arose. All sums other than Rent and late fees are due uoon our dernand. Aiter the due date, we do not hzve to accept any eayments. 33. Late Fees. I:` we don't receivz your monthly base rerd in full when iYs due, you must pay latefe=s as outlined in Lerse Details. 3.4. 3.5. 3.6. Returned Payment Fee. You'll oay the fee listed in I_ease Detailsforeach returned check or rejected electroric payment; clus initial znd daily late fees if applicable, until we receive full payment in an accepiable method. Utilities and Services. You'll pzy for all utilities and servic2s, related deposits, and any charges or `ees wher. th=y ar= due and zs ou*lined in this Lease. Television channe!s that are provided may be changed dw ing She Lease t�rm if the change a�plies!o all residents. Ifyour eled�ic!ty is interrupt=d, you must use only bz:iery- operated iighting (no flzmesJ. You must not allow any utilities (other than cable or Internet) to be cut ofi or switched �or any reason—induding disconnection for not payirg ycu� bil;s—until the Lease term or renewal period ends. I� a u!ility is individuzlly metered, i; must be connected in your name and you must noti"ry the provider of your move- out date. If you delay getting service tumed on in your name by this Lerse's start date or cause it to be transf2rred back into our name berore you surrender or abandon the apartment, you'll be liable for the charge listed above (not'.o exceed S50 per billing oeriod), plus the actual or estirnated cost ofthe utilities used while ihe utility should have been billed to you. Ifyour apartment is individually metered and you chznge your retail electric provider, you musi give us written nctice. You must payall applicable providerfee<, indudiny anyfees to chang2 s2rvice back into our rame after you move out. Lease Changes. Lease changes are only allowed during the Lease term or renewal period if govemed by Par.10, specified in Special Provisions in Par.32, or by a writien addendum or amendment signed by you and us. At or after the end of th e initial Lease term, Rent increases will become efreciive with at least 5 days plus the number of days' advance notice contained in Box F on page 1 in writing from us to you. Your ne�i L2ase, which may include increased Rent or Lease cnanges, will begin on the date stated in ary advance notice we provide;without needing your signature) unless you giv= us written mov2-out notice under Pac 25, which applies oniy to th2 2nd of the current Lease term or rene�val period. 4. Ac�tc;natic Lease RenewaS and M1otice ef 7ernination. This Lease wil! autr,ma;ically rznztiv mon:h-to-month unless either par.y gives v.ri�r�n notice oitermination or i�tent tc move out a< �Pq�ired by Par. 25 z-d sp=dfizd on pag2 l.l,`:he num6erofdays isr'ifrlled in, no- titE of az I eest 3Q �ays is require�. 5. �ecuri4y Deposi2Tne total security d=posit for al' resid=nts i; due or. cr before fie date this Lzase is signed. Fny animal depositwill b= d=signated in cn animal addendum. Security deposits may not be ap- piizd te Rent withoL: our prior written consznt. 5.1. Refundsand'Jeductions.Y�umustgiveusyouradvance notice of move cut as orovided bv Par.25 and iorv�ardina address in writ�na to re:eive a wriite� desaiotion and itemizec9 f ist of chzraes or reicnd. in accordance wifh Yhis Lease and as al;owed by laV✓, we may Aed� ct from. your securrt�deocrtanyamour.isduemdarthis"tease.lf ou move our ee: ! y or in reseonse to c no.ice fo vaccte, 'rou'!! 6a Jiable for rekevinq charaes. Upon r2ceipt et ycur mcve-out date and forU�arding address in mri±ing, :nz sea�rit;: deposit t��ill be returred (Iess lawiul d=ductions; �.�✓ith an iiemized accounting of any deduaions, no later inzn 3C oays zfter surrender orabandonment, unless Iz�,vs provide other�n-ise. Any r=iund may be by cr.e paym=ntjoinily payzbie :o aII residents and distributed to any or,e resideni we crccse, or distributed =quallyamong ali r2sidents. 5. Insurartce. Our insu�ance doesn't cover the loss o`or domage to yournersonalproperty. You avili be required tc nave lizbili.y iesur- ance as spxified in this Lease unless otherwi<_e prohibited by IaN�. !f you have insuranc= covering the apartmzn: or your personal belong- ings zt the iime you or we su�f2r or a!lege a Ics>, you agree to require your insurance ca!rier to waiv= any insurance subrogation righu. Even if noi reauired,-�.ve u�geyou :o ob,air. ycur o�.vn ir.surance for �osses due to :h2ft, fir2, �cod, water, p�p= lezks and >imilzr occurreno- es. Most renter's insurance policies dor't cover Iesses due to z fleod. 7. Reletting and Early Lease Termination. This Lease may not be ter- minzted early except zs provided in this Lease. 7.1. Relettina Charge. You'!I oe fiable ior a relettinc charge as lisied in L=ase Deiails, ;not :c �x:eed 85?0 of the hignest monthly Rent durinc the Leas= t=_� m) i`you: ;A` raii tc mcve in, crfail io give writtzn mo•re-oui r:ciic� as required ir �zr.25; (Bj move out �.vi:hout paying R2n: in `ul! ror the en'i;e :ease term or rene�:val pericd; (q move outa: ourdemand because ofyourde`au!t;or(Diarejudl::ally=vi:ted. �h=r2!�tiir.g charge is r,ot z terminatior. canczL'ation or buyout fee arc does not relerse you from your obligations underthis Lease, induding lizbilityior iuture or oast-oue R2nt, charg2s Tor damage> or othzr sums due. ?he rele�ting charge is a liquidated zmount covering oniy pzrt o* our damaazs—`or our time, effort, and =xcense ir. nnding and processing a replacement r2sicen�.These damages are uncertain and hard to ascertain—pzrticularly those relating to inconvenience, papervvork, zdvertis:ng, sho�.ving zpzrtments, ctilities ior showing, checking oros- pects, overhezd, marke5og cos±s, and locator-servic=fers. You aoree thatthe reletting charge is z rerscrable estimzze of our damages and thzt ihe charge is due whether or no� our relet±ing attzmpts succeed. 7.2. Early LeaseTermination Option Procedure.ln addition to yourterminaiion rights referred to in 7.3 or 8.1 below, i�tnis provision applies under Lease Detailz, you may oo:io terminate this L2zse prior to th= end of thz Lease term if a!i cf the fol(owing occur: (a? as outlined in Leas= Details, you give us written notice o� early terminztion, pay the Early Termina- tion Option fee in full and speciiy the date oy v�hich you'll move out; (bi ycu are not in derault zt zry time znd do not hold over, and ic; yeu repzyall rent concessions, aediis er discounts you received during tne Le�se term. I`: you zre in default, the L=ase remedies apply. 7.3. SpecialTerminationRights.Youmayhavetherighfunder Texaslaw to ferminafe this Lease earfy in certain situations involving military depioyment or trcnsfer, ;cnil y riolence, cerfain sexual offenses, sfelking ordeaYh ofa scle residenf. 8. Delay of Occupancy. W� zre not rzsponsible ror any delay oT your occupancy caus=_d by ccnstruction, repairs, dzanir.g, or z or=vious residenYs holding over.This L=_asewill r=main in force subiecttc (tj abatemznt of Rent on a daily basis during deiay, and i2; your riant to terminate ihis Lease in ,N'riting as set fortn belo.v. Ren, abai2m=nt an�+ Lease terminaticn do not aaply if the delzy is for deaning or re- pairs thai don't orevent you fror moving into tne apzrtmer.t. 8.1. TerminzYion.l•`weaivewrittennoticetoyouo'ad=layin occupancywhen or afterthis Lease begins, you may'.ermi- natethis Leasew;thin 3 days afteryou receive writter. notice. ff w� oive you �n�ritter. notice before th=_ date this Lerse begirs �nd :he nctice s:ztes ,hat a cens;ruction or other delay is expected znd tnarthe apartmer.i evill be ready ror you io eccupy on z specinc date, you may terminzte this Lease v�i,h�n 7 days ait2r receivir.a wrtt2n nctice. Afterproo=rterminaticn, you ar: en:itled or!y �o refund oi any deposi:(s) and am� Rent you ozid. � Apartmer.t Lease .or.ttzct ��2023, Texas Fpart^�er.; Asso:iation, Inc. 9. Gare of Uni4 and Damages. You must promp:ly pay or reimburse us for loss, dzm�ge, consequeniizl damages, government fines or chzrg- es, or cost ef repairs or szrvice in the apartment community beczuse of a Lease vio;ation; improoer us=, negligence, or othzr conduc± by you, your invitees, yeur occupzr.ts, oryour guests; or, as allo�ved by law, any other cause not due to our negligence or fault, except for damages by acts of God te the extent th=y couldn't be mitigatzd cy your action or inaction. Unlessdamageorwastewate: stoppageisduetoournegiigence, we're not lioble for—and you must pay for—repairs and reple:e- ments occurring during the Lease ferm orrerrewaJperiod, inclue�- ing: (A) damage from was:ewaterstoppages caused 6yimproper objects in (ines exclusivelyserving yourapartnertt; (8) damage to doors, windows, or screens; and (C) damage from windows or doors lefropen. 10. CommunityPolicies.CommunityPoliciesbecomepartofthis Lease artd must be followeG. We may make changes, induding addi- tions, to our writter Community Policies, and those change> can be- come efFective immediately ifthe Community Policies are distribu+.=.� and applicable to all units in the apartment community and do not change the dollar amounts owed underthis Lease. 10.1. 101. 103. 10.4. 7 0.5. Photo/Video Release. You g:ve us permission to use zny photograph, likeness, imz9e or video tzken o`you while you are using property cemmon areas or oarticipating in any event sponsored by us. Disdosure of Information. At our sole ootion, we may, but are not obligated To, share and use information related to ihis Leaseior law-entorcemen�, govemmenizl; or business purposes. At our request, you authorize any utility provid2rto give us information about pending oractual connections or disconnections of utility service to your aoartment. Guests. We may exdude from the apartment community any guests or others who, in our solejudgmznt, have be>n violating the law, violating this Lzase or our Community Policies, or disturbing ether residents, neighbors, visitors, or owne; representatives. We may a�so exdude from any outside area or common arza anyone who re� uses to sho�+� photo identification or r=ius2s to identify hirnsel� or herseli as z residert, an authoriz2d occuoznt, cr a guzst nf a specfic resident in the community. Anyone not lisied in ihis Lease cannot siay in the apartmentformoretnan_ 7 _daysineneweek without our qrior written consent, and no morethan twice that many days in any one morth. li the previous spac2 isn't filled in, 2 ciays total per weekwill be the Ilmit. Notice of Convictions and Registration. You must notify us within 15 days ifyou orany ofyour occupants: (A) aro convicted of any felony, (B) are convicted orany misdemeanor irvolving z con;rolled substance, violenceto ancth=r pzrson, or destru,tion of property, or (Q recist2r as z sex oriender. Informing us ofa criminal conviction or sex-cfiender r=gistration doesn't waive any rights v�e may have against you. Odors, Noise and Construction. You agree that odors and smells (induding those related to cooking), everyday �oises or sounds related to repair, renovation, improvement, or construction in or around the property are all a normal part ofa multifamily liv;ng em�ironment and that it is impractical for us to preveM them from pen2trating (c; disturbingorthreateningtherights,ccmfort,hea!th,saf=ty, cr convenier.re o`cthers, induding us, our zcents, or our representatives; ;d) disruptina our business operations; (e) storing anything in dosets containing ��iater h2a;e�s or gas appiiances; (f iampering avith utili±ies ortelecommunication equipmen�; ,g) bringing nazardous ma�erials intc the apar;ment com�nunity; �h) usingwindo�.vs�or=ntryorexi,; ;ij neating the apartment vdith gas-cperatzd appliances; ;j? mzkir:gbad-iaithorfalsea!legzticnsagainstusorour acents tc othe�s; (k) smoking oT zny ;cind that is not in zccordznce r�ith this Lease; (I) usina alass containers in or near pools; cr (m; ccnducting any kind o`business ;indudira c!,ild-care sernces) in your apartm2nt or in t�e apzrr*men: community—except `or any Iz.v: �i busiozss condu�ted "at nom<" by rompuier, mai!, orteleoncr.e i` customers, dients, patients, emoloyees o� ot��=r business associates dc nct cor+me to you� apa ,mzr.: for business purpcses. 72. Animais.R'oli��ingcreaturesofanykindarea!lowed,eventempo- rarily, anywhere in the apartmenY or apariment c�mmunity un- (ess we've given written permission. I� ure allow an animzl, you must sigr a separate Animal Addendum and, except as set :orth in :h� ad- dendum, oayan animal depesit znd zoolicablerers and additionai montnly rent, as applicable. An znimal depesit is conside�ed a g=ner- al securiy depcsit. You represent that any reques:s, siateT�nts and r2pres2ntationsyou make, induding those fcrar assisiarce orup- port animal, are true, accurate and made ir good `aith:. Fzzding s?ray, �eral orwild animals is a breach ofth:s Lea>=. 12.1. Remavai of L'nauthorized Animat.4^J= may rer.ove zn unauthorized animal by (11 I�zving, in a conscicuous place in the apartmert, a written ne�ice of our in?znt to remove the animal within 2? hours; and !2) follov✓ing the procedures of Par. i4. We may: keep cr kenn=l ihe animal; turn the animal overto a humane so:iety..lo�z! zuthority or rescue organiza:ion; or reium the animai :o you i we conser.t to you! request to keep the anima; �nd you have mmpleted and signed zn ?,nimzl Adciendum znd p�id all fe=s.lNhen !ceeping or kennelina an z^imal, sve won't oe liable for loss, harm, sickness, cr death oi :he animal unless due to cur negligente. You must pzy fcr the animaPs reasonable care and k>nneling charges. ?2.2. Violations of.4nimai PoEicies and Charges. If ycu or zny guest er occupant violztes ih2 animzi resriciions cr this Lease or our Community Policies, you'll be suojzc't to charges, damages, evi:±ion, ar.d other r2medies provided in this Lease: induding znimal vioiaiio^ cncrg=s listed in Lease Detaiis from. the date the anirnai wzs brought intc your apar�men; until it is remove6. if zn animal nas bezn in the aqarTment a: any time uuring your t2rm o` occupancy iwith or without our conseni), we'll charge you ,'or all deaning and rzpzir ccsts; Induding defleaing, decdorizing, and sham000ing. iniiial and daily animal-violation charges and znimal-remeval cnarges zre liquidated damages for ourt:me, inconvenience, and overhead in enforcing animal restrictions and Community Policizs. your apartment. 11. Gonduct.Youagre2tocommunicateandconductyourselfinalaw- ful, courteous and reasonable manner at all times when intzrecting with us, our representatives and o:her residents or occupants. Any actsofunlawful,discourteousorunrzasonablecommunicationor 73• conduct by you, your occupaMs or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and notdamaging or littering the common areas. Tresh must be disposed of at least weekly. You will use your apartment and all oth=r areas, including any bakonies, wi.h reasonable care. We may regulate the use of passageways, pztios, balconies, perches, and activities in common areas. 71.1. ProhibitedConduct.You,youroccupants,andyourguests will not engaoe in certzin prohibited conduct, induding the following activities: (a) criminal conducr manufacturing, d2livering, or ooss=ssing a controlied substance ordrua parapher- nalia; ergagirg in orthreatening violence; possessing z weapon orohibited bystate law; discharaing afr=arm in'he apartment mmmunity; or, except �.�hen zllom�ed by lav✓, displaying or possessing a gun, knife, or otherweapon in the common area, or in a way that may alarm others; (b) behzvina in a loud, obnoxious or dangerous manner; Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes oftransportztion, induding bicydes and zcootzrs, In tnis Lease. In addition to other rights we nave to tow or boot vehicles under state law, we also have the right to remove, a? the expense oi thz vehide own=r or epertor, any vehide±ha: is r.oi in comoliance with this _ease. 1Khen �Ne May Enter. If you or any otner resident, r,uesY or occupa.^.t Is present,then repair or>ervice p=rons, contractcrs, lawi c`ncers, government representative>, lenders, apprais�r, prospeaive resi- dents or buyers, insurance agents, persons autnorizedio en:er under your rental application, or our representaiives may peac2fully enter the apartment at reasonable!imes Tor rersonable bus:nes> purposzs. If nobody is ir the apartment, .hen any such p2rsor, mzy enier pezce- fully and at reasonable times Iby breaking a window or otner means when n2cessary; for r2asonable ousiness ouroo>zs ii wr;tten notice of the entry is left in a conspicuous place in the apzrtmeni immediately after the entry. We zre under no obligation to enter cnly �mhzn you are pres=nt, and we may, but zre not obligated to, give orior nocic2 or make appointments. ;4. �zc-' oi 6 Apartment Leas= Cortra[t �<<2023.?:xzs Aoutm=n, Asseciation, !nc. � 15. Requests, Repairsand Malfunctions. 15.7. WrittenRequestsRequired.l;youoranyoccupantneeds to send a request—for example, for repairs, instalfations, services, ownership disclosure, orsecurity-relafed matters— itmust be wrifTen and delrvered to ourdesignated representative in accordance witn this iease (exczpt for `air-housing accommodation or modinca;ion requests or si:uaiions iovolving imminent danger orthrza:s to h2alth or safety, such as nre, smoke, gas, explosion, or crime in progress). Our written notes regzrding your oral reqwst do not cons.itvte a wri:t2n requestfrom you. Cur complying with or responding to any orzl request doesn't waive the s:rict requirement ior written notic=s under this L�ase. A r=quest for maintenance or repair by anyone residing in your zpartment constitut>s a request from all residents. The iime, manner, method ard means of performing mninfenance and repairs, induding whether or which vendors to use, are within oursole discretion. 15.2. Your Requiremenito Notify. You mus2 c� emptly notify us in writing ef air conditioning or heating o!c;blems, water lealc> c: moisture, mold, electriczl problems, malfunctioning lights, broken or missing iocks or latches, or any other condition ,nat poses a hazard or threat to property, health, or ;afety. Unl�;s we instruct otnerwise, you aro required to keep the apartment cooled or heated according to this Lease. Ai� conditionino problems arz normaliy not zmergencies. 153. Utili;ies. We may change or install utility lines or equipment serving the apartment ifthe work is donF reasonzbiy vvithout substantizlly increasing your utility costs. We may turn off equipmentand interrupt utilities as needed to perform work or io avoid property damage or other emergencies. If utilities mal`unctior. or are damaged by fire, wzter, or similar cause, you must notify our representative imm=diately. i5.4. YourRemedies.VJe'ilactwithastomarydiligenceto make rep�irs and r2connections within a reasonable time, taking into consideration when casualty-insurance proceeds ar= r2ceived. Unless required by statute zfter a casualty loss, orduring equipment repair, your Rer.i will not ab�te in whole or in part. "Reasonabletime" account> for the severity and nature oi the problem ano the reasonable availabilityof materizls, labor, and utilities. ifwefailtotimeiyrepairaconditionthat materiallyaffects Yhe physicalhealth orsafetyofan ordinary resident as reauired by the Texas Property Code, you may be enritled to exercise remedies under � 92.056 and § 92.0567 of the Texus Property Code. (f you follow the procedures under those sections, Th.e following remedies, among others, maybeavailable to you: (7J termination of this Lease and an appropriate refund under 92.056(f); (Z) have the condition repaired or remedied accordir,g to § 42.0561; (3) deduct from the Rent the cost of the repair or remed y according fo 4 92.0361; and 4) judicial remedies according to 4 92.0563. 16. Our Rightto Terminate for Apartment Community Damage or Closure. If, in our sclejudgm=nt, damagesto the unit or building are signincant or performance of needed repair; poses a dangerto you, we mayterminatethis Lease and your rightto posszssion by giving you at least 7 days' written notice. If termination occurs, you agree we'il refund only proraied rent and all deposits, minus la�n�ful dedur tions. We may remove and dispose of your personal property if, in our solejudgmert, it causes z health or safzty hazard or impedes our abilityto mzke reoairs. 16.1. Proper4y C[osure. We also nave the right to terminate this Lzase and your right to possession by giving you at least 30 days' written r,otice of termination if we are demolishina your apzrment or dosing it and it will no longer be used ior residentiai purposes fo! at lerst 6 months, or i� any pzrt ofthe property becomes subject m an eminent domain proceeding. Texas Property Code secs. 9�.751, 92.153, and 92.154 require, with som. e excep:ions, thaf we provide af no cost:o you when occupancy be�ins: (A) a wrndow;atch on each window; (B) a doorviewer {peep- hote or window) on ecch, exteriordoor, (C) a pin bck on each sliding dcor, (D) either a door-handlelatch or a securiiy bar on each sliding �oor, (e) a keyless bolting device (deadbol±) on each exterior doow, and (F) eiYher a keyed doorknob lock or e keyed deadbolt: ock on one entry door. Key=d!ocks will be rekeyed after the?rior resident moves out. The rekeying wi11 be done either before you move in or within 7 aays afre� you m,ove ir., as required by faw.lf we fail to in- sfa(( oirekeysecmitydevices as required by law, you have the rigkt to do so and deduct the reosonable cos: irom your nex: Rent pay- menf under T xas PrepeRy :ode sec. 92. i 6511). N/e may dzactivcTe ornot insta!( keyless bolting devices on ycur doors if (A) you or an occupantin the dwelling is over55 or disabled, and ;3) Fne requirz- .ments o?Texas Prcperfy Code sec. 9Z.753(e) or (,`) are safisfied. ?&.1. Smoke Alarms arsd Detectio� Devices.lNe ll furnish smoke alcrms or other detection devices requ�rzd by law or dty crdinance.'J��e may install additicr.zl de:ecto�s not so reyuir>_d. VJe'll tzst them znd provide i��orkinc catt=ries when you nrs±takz possession c`your apar'�ent. Upon rzquest, we'il provide, as required by law, ; smcke alzrm capable oi aierting a aersoe �.v�th a hearir�o impairrr�en;. You must pay iorand replzce batteri�s as needed, unless the la��n provides otherwise.4l�e may replace dezd or missing batteries atyour zxpense; vaithout prior noticz to you. Neither you nor your guests or ocwpants may d isa b le a ia rms cr d etectors. ;f you damoge or disoble the smoke alarm or remove a bettery withouY re�lacing it with a working 6aitery, you moy be liable to us un.der 7exasPropertyCodesec.92.2671 for5?OOplusone month's Rent, actual damages, and cttorney's iees. 18.2. Duty to Report. Ycu must immediate!y repert!o us �ny miss;ng, mal`unctioning or d�fective securirJ devkes, srooke alarms or detec:ors. Ycu'll b2 lizo!e if ycu f;ii to re�ort malfunctions, crfail io recor am� Icss, dzmzgz, or 5nes resulting from nr2: smoke, or �ffzier. i9. ResicientSafeTyandLoss.Unlessotherwisereauisedby?aw,n.one ofus, ouremployees, ageats, ormanragemen. companies are iicole to you, yourguestsoroccupants£oranydam,a�e,persor.alinjury, ioss ta persor,al prop=rty, orloss cf busin=ss or persona.' income, from anycause, including bu±no!linited to: negl%yent or %nteniion- a! acts of residents, occupants, or guests; thefr, burgl: ry, assaulf, vandafism or ot.her cr% .mes; fire, flo�d, wa:e,-!eaks, rain, hei,', ice, snow, smoke, tightning, wind, exrlosions, ir±erruption ofvtiiities, pipe leaks or oeher occurrences unless such da.mage, injury or loss is caused exclusiveiy by our negligence. We do not warrant security of any kind. Yo u ag ree :nat you wi I! n ct rely upon any securi!y measures taken by us ior oersonzl securi!y, znd that you will call 911 znd local lav✓ en`orc�ment authorties if any security needs arise. You acknowledge that we ar2 not eo,uipped or tralned to provide personai security services te you, your guzs?s er ocapants. You reo- ognize that we are not required to provld2 zcy private securi?y ser- vic=s and thzt no security devices or measures on thc orcperty zre `ail-safe. You `urther acknowledge thzt, ever. i� a^� z!arm o� ga*z ame- nities are orovioed, they are mechaniczi devices thai car maifuno- tion. Any charg2s resu!ting rrom the use ot an intrusicn alacm will b2 charged to you, indudino, bu; not limited to, any fzise clarms �sJith police.!fireiambulznce response or o±h2r requir2d r:y charges. 20. Condition ofthe Premises and Alteratiors. 20.1. 17. Assignmen:s and Sublett'vng. You may not assign this Lease or sub- let your apartmznt. You agr=e that you won't rent, offer to rent or license all or any oart of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accepi anything of va lue from anyone els2 for th= us= of 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- 20 2 vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll oav ior missina securitv de- vices that are reauired bv law You'll aay for• (A) rekevina that �u request (unless wefailed to rekey_afterthe orevious resr dent moved out)• and (Bl repairs or reolacements becaus_e of misuseordamaqebvvouorvourfamfilv vouroccuoants.orvour uQ_ ES{5" You must oay immediately after th= work is done unless s:a�e law authorizes advance payment You must also pay in zdvance for any addiiional or cnznged security devices you request. As-Is. We disdaim all impJied wananties. You zcceFt �'r.= zpartment, fixtures, and fumi,ure as is, except ror conditions materially affecting the health or sa`ety or ordinzry persons. You'll be given ar. Ir.ventory and Condition Form at or before rnove-in.You agree thzt after cempleticn of the form �r wit?;in 48 hours ai:2r move-in, whichever comes first, you must notz on the iorm all defec*s or damage, sigr, the *crm. reb.rn it :o us, and the ferm accurately reflects the cendi:ion oftn= premis=s for purooses of determinirg any r�� und due to you ���hen you move out.Othenvise, everythina will be considered tc be in z dear., sare, anc cood workino condition. You must>till send a separzte request iorany repairs needzd as provided by Par. i�.i. SYandards and Improvements. Unless authorized by law or by us in writina, you must not perform zny repairs, painting, wallozpering, carpeting, electrica! chzrgcs, or otherwisF alter our oroperty. No holes or stickers are al!om�ed inside or outside the apartment. Unlers this Lerse states otherwise, �.ve'll p=rmit a reasonable numoer of smzll nail holes `or hanging oicwrzs on sheeirock walls and in grooves of wood-pan2led vaalls. No �n�at=rfurr,iture, washing machines, dryers, extra phone ortelevision ouilets, alarm syst=ms, cameras, tv�o-way tzik device, video or other deor- - r"za�=or6 Apartment Lease Contrzct :�:2C23. Tzzzs Apa�.reet Asso:iztion, Inc. beilz, or lock chznges, additions, or rekeying is permitted unlzss required'oy law or we've consented in wriiing. You may install a satellite dish or zntenna, but only if you sign our satellite dish er antenna lease addendum, which complies with reasonaSl2 restrictions allowed by f=deral law. You must not al2er, damage, or remove our prop=rty, induding alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devi�es. When you move in, we'll supply light belbs Torfixtures we fumish, in- duding exteriorfixtures operated irom insidz the apartment; after thzt, you'll replace th=m at your =xpense with bulbs of the same type and waitage. Your improvemencs te the apartment (made with or without our consentl become ours unless we agree otherwise in writing. 27. Notices. Written notice to or `rom our employees, ag=n,s, or management companies constitutes notic= to orttom us. Notices io you or any other resident of the apartmen� constitute notice te zll residents. Notices and requests from any resident constitute notic= from all residents.On;y residenu can give notire of �erse termirztion and intent to move out under Par. 73. All notices and docume^ts wii� be in English and, at ouroption, in zny other languzgethatyou read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accerdance wi±h this Lease, electronic notice from ynu to us must be ser: to the email address and/or portal specified in this Lease. �otice may also be given by phone call o!to a physical address if allowed in this Lease_ You represent that ycu have provided your current email zddress to us, and thzt you will notify us in the event your email address changes. 22. Liability.EachresidentisjointlyandseverallyliableforallLease obligatlons. If you or any gu2st or occuoant violates this Lease or our Community Policies, all residents are considered to have violaied tnis Lease. 22.1. Indemnification byYou.You'Udefend, indemnifyand hold us and ou!employees, agents, and managementcompany 'narmless from allliabilityarising fiom yourconductor requesPs to cur: epresentatives and from the condud of or requests try you�inviiees, occupants or guests. 23. Default by Resident. 23.7. Acis o� De`ault. You'll be in de`ault if: �A) you don't timely pay Rent, indudir,g monthly recurring charges, or otheramounis you owe; (B) you orzny guest or occupar.t violat=s this L=ase, our Community Polici>s, orfire, sa�e:y, h=alth, criminal or other laws, re^yardless o` vvhetner or where arrest or conviction occurs; (Q you give in�orre:t, incomp!ete; or �zise answers in z rental application or in this Lease; or (D; you or any occupant is charged, d2tained, corvict=d, or given deferred adjudicztion or pretrial diversicn for (1) an offense involving actual or potential physical hzrm to a person, or involving the manufacture or delivery of a controlled substznce, marijuanz, or drug paraphernalia as d=fined in the Texzs Controlled Substances Act, or (2) any sex- related crime, induding a misdemeanor. 23.2. Eviction.lfyoudefault,indudingholdingove� wemay end your!ight of occupancy by giving you at least a 24- hourwritte.n notice to vacafe. Termination ofyour poss�ssion rights doesn't release you from liability for ruture Rent or other Lease obligztions. Afrergiving notice to varate o� frling an eviction suit, we may sfill accept Rent or other sums due; the fi(ing or acceptance doesn't waive or diminish our riyht of eviction or any other contractual or statutory right. Accepting money at any time doesn't waive our right to dzmages, ;o past or future Rent or o�her sums, or to our con�inuing with eviction oroce2dings. In an eviction, Rent is owed `crthe rull rertal p2riod and will nct be prorz:ed. 23.3. Acceleration. Unless we e!ed not te accel2rzte Rent, all monthly Rent ior the rest o`the Lzase term or rene�,val period will be accelera:ed automatically without notice or demard �before or after accelerztion) znd will be immediately due if, without our written tonsent: (A) you mov= out, remove property in prepzring to move out, or you or any occupant gives oral orwritten notice of intent to move out before the Lease term or renewal period ends; and (B) you hzven't paid all Rent for the entire Lerse term or renewal period. Remaining Rent will also be accelzrated if you'rejudicially evicted or move out when we demand because you've defaulted. Fpartment Lease Cor.trac:'�2023, T=xzs npartment Associa:!on, Inc. :` you don't pay!he nrst menthS Rent �mhen or 6efore tnis Lers= begins, all `uture Rentfo� the Lerse <.erm �.vi!I oe zutomzcicall;i acc=lera:zd without no;ice zcd become immediz;=!y w�:.l1�e alse may end your rignt or eccupancy znd recover dar.iages, future Rent, attcm=y's fees, murt rosts, and oth=r lawful charges. 23.4. HoldovecYou and all occupants mustvacat= znd surcend>r the zpar:mer.t oy or before the da:e ccntair.ed in: (�� ycur r.�,ove-out netice (2; our notic= te vccztz, (?) our notice of non-r=newal, cr (4i a wntten agreemeni speci'ryina a di�ferert mcve-out date. ff= holdover oaurs, then you'll be liable to us for zll Rznt ier the fu!I term of the previously signed lerse of z r.=w residen: who can t occupy beczuse cfth2 holdover, and at cur option, tvz mcy exiend ;he Lease term and�or increase ±he Rent by 25°io by def vering w; itter. noticz to you or ycur �par;mentw'r.ileyou rortinueto F,olc cv2r. 23.5. �ther 8emedies. We mzy repor±unpaid amourts to uedit aGencies as allowed by law. !`we or cur deot collecto�tries io coVect ary money you owe us, you a^yree that we or the cebt collecter may con;acc you by any Izgal means. If ycu default, you v:�il! pay us, ic additior: to .^:�.er sums due, any rentai discouncs or concesions agre2d to in �-iting ihat hav2 been applied to your account. We may rocoverat:orney's �ees in connectier. s�ith enforcing our rignts underYhis Lease.All unpaid amow�:syou ovve b2zr intzrest at the rate arovided by7exzs Finanw Ccde Section 301.003;c) from the due dat�. You must oay zll cellec±ion- agen_ryfees i� yo� fzil ;o pay sur,�s due wi:Fir. 1C days a:`ier you are mailed a letter demznding cayment and stating thz: ccllec?iun-agency r=_es wi!I be zdded ifyou do^'t pzy zll sum; by that deadline. You a�e aiso lia'nle ior charge inct to exceed 5150i io cover ourtime, ccs� and zxpznse ror ar.y eviction proceeding zgainst;�ou. plus our atterney's f=2s znd expenses, court msts, and filing fees actualiy paid. 24. Representatives'AuthorityandWaivers.0urrepresentatives(ir.- cluding managem. ent personnel, e.m.ployees, end agents) hcve nc authority to waive, amend, or ferminate this �ecse or any part of ii unless in writing and signed, and no author%ty±o m,a�:e promises, rep- resenta:ions, or ag�eemenfsYhat impose security duties or otF:er ob- ligotions on us or ourrepresenYatives, unless in wri[ing and signeG. No adion cr cmission by us will bz considered z wzlver ef our rights or of any subsequ2nt violation, d2izu!t, or ti me or place of performance Dur choice Yo enf�rce, no: enforce or deiay enfo�cement oi written-no- tice requirements, rental due dctes, acceleratioz, lie.�s, or any other rights isn't a waiver uoder any circumstonces. Delay i^ d=ma ndi ng sums you cwe is not a waivec Except when noticz or demand is roGui red by izw, you waive any notice and demand for performance `rom us i%you default Nothing in ths Lease constitutes a waiver of cur rem=dies `or a brezch under your prier lease :hat occurred before the Lease term beg ir,s. Your Lease is suberdinateto existing and future recordzc mortgages, ur- less th= ovmer's lende� chcoses othenvise. A!I r_>medies are cumuia:ive. Exercising o^e remedy �r.or.'i ccnsii<.ute ar� eledicn or��aiver cf other remedie>. All provisicns regardir,g eur nonliability or nonduty apply :o cur empicyees, ac�r�'s, anc mar.aa2- ment companies. No employee, c9en�, or r�anzgerc:�rz; cempany is personaily liable �or ary of our contrzc:ual, siz'.utory, or �thzr obligz- tions merely byvir,ue ofacting on our behalf. u • y;;, 25. Move-OutNotice. Beforemovir,gouf,youmusigiveourrepresen- Yative advance wri!ten move-ouf notice as stated irr Pa;. 4, even i` this Lease has become a month-to-month iease. The move-out date can't be cna��ged unlesswe and yeu both zaree in writing. Your move-out notice must comply with each of±he foliowing: (ai Oniess we �eauire more than 30 dzys' notice, if you give netice or the first day of the montn you ir:tend to move out, move out will 6= on the las: day o`tha4 month. ;e7 Your move-ou: r.o:lce must not:ermioateihis Lease he�ore the end of th= Lease :erm or rzne�val period. (c; If we require you :o give us more than 30 d=ys' written notice to move out before the end cr the �eas=_ term, we �vill give you 7 �vritten reminder not less than 5 days nor more than 90 days be�ore your deadline for giving us ycur �,vritten move-out nctice. If we �ail to give a reminder no:ice, 3C days' �vrt?en no:ic2 to ncve out u required. (d) `'o�mustgetfromuszwritt=nacknew!edomentc:`yow notice. 26. Move-Out?rocedures. 26.7. Cleaning.Ycumustthoroughlydear.theapartmenLinduding doors, windews, `umiture, bathrooms, kitcnen apoiiances, oatios, balconies, garages, carperts, and storage rooms. You must follow mcve-out deaning instructions ifthey have been prooided. Ifyou don't dean zdeGurtFly, you'll be lizblefor reasonable cleaning chzrges—induding charges ror dezring carpets, draoeries, furniture, �^�zlls, etc. tha� are soilzd bzyond � normal w=ar ;that is, wear or scilino that occurs �ti•itho�.�t. negligence, czrelessness, accident, cr abusz). 26.2. Move-!J¢�;lnspectior.. W� may; butzre not obliczTed :o, providz a�oint move-out inspectien. Our ropresentatives have no authority tc b�nd or limit us regarding dedu[:ior,<*o� repairs, d�mages, or chargzs. Any s:zt=_mentr or =;;ima�=s bv us or our representativz zre subjed to our corection, mod�- 5cation, ordisapproval berorefinal accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment where (A) the move-cut date has passed and ne or.e is iivinc in the =partment in ou! rea;onablz j! �dgme^t; or (B) apartm�nr keys and ao- cess devices lis:ed in Pac 2.1 have b�en turned in to us—whicn>v=r happensfirst. You have abandoned the apartment �vhen ail ofthe followina hzve. occurred: (A) everyone appears to have moved out in our reasonabi= judgment; (B? yo! �'ve beer. in default for ncnpayment o` Ren, ror 5 consecutive days, er�vzter, gas, or electr,c seriice for the a;,;artmen: not connected in our name has oeen terminated or:ransf=rreci; ani (C) you'v= not responded for 2 days Ye our notice le`t cn th� insice o; the main entry door siating tnat we considerthe apartmen: ab�n- den>d. An apartment is alsc considered =_bandoned 10 dzys z`tzr th= death of z sole resident. 27.7. TheBndingoiYourRights.Sur-ender,abandonm2nc,or judicial =viction ends your right of possession for al! purposes and gives us tne immedizte rightto dean uo, mzke repairs in: and relet the apartment; determine any security-depcsit deductions; znd r=move orstore prcperty left in the aoartm_<,�. 27.2. Remova! and Storage of Property.lNe, or;zw ;ifczn, rzy— but have r.o duty to—rema�e or store all property that ir. cur solejudgmeM 5elongs to you and rem�ins in the �partment or in ccmmcn zreas (induding anyvehides you or any occuoan� or guest o�.vns or us=s; aiter you'rzjudiciail� avic±Fd or ifyou su: render or abandon the apartment. We �e not Jiable ior casualty, loss, damage, or iheft. You must pzy rzasonablz charoes �o,-our packing, rema�ing znd stcrine any property. exc=p� ror zr. imzis, we may :hrow zway or give io a charitab;e crr,anization a!I personal oropertytnat is: (;;! leftintheaoartmenta�tersurrenr�erorzbandonmerr;o.> !2) leftouisid2morethan? houra'terwrtofoossessionis execute�, �cllowingjudicial eviction. An arimzl removed after surrender. abanoonment, or evict(on may be kenneled orturned overto a bcal authority, human� societ;�, or resc�e organization. � �:a�.. �.- . , z.-. . �f :, �....,.,'_ _. _ _ ��cNA?�9t��s.__. ,: �.�.,,: " 28. TAA Membership. U2e, the managementcompaey representing us, or any bcabr s=rvice .nat you used confirms m�mbership ir. good standing o` both the Texas Apartment Association and the aifiliated local apartment association for the are� �vhere the apzrmert is located at thz time of s(yr,ing this Lerse. ii �ot, th� fo�lowing applies: (A) ihis Lease is void-cb!e at your option and is unenforc2able by us (=xcept for prop=rty damages;; znd (B) v�e may no� rzcovzr past or future rent cr other chzrgzs. The aoove remedies also aooly if boi�� offie`ollowing occur: (t; ,his Lease is automatically r=ne�s�eo on a month-to-month bzsis morz than onc2 zrter membership in T.o.Aznd the Iecal assctiation hzs lapszd; and (21 neizher tne ov✓ner northe mzn- ag2ment cornpany is a��mber o� TAP and the local association dwir:y the tnird automatic !enewzl. A sioned affidavit �rom. the affiliated locai apar:ment associztion attestino to nonmembership when this Lerse or renewal .vas signed will be :onclusivz evidence oi noncierobers�i p. Govemmental entiC2s may useTAA forms ifTAA agrees in evri±iog. Name, address and telechone numberof loca!er servic2 (if applicable;: 29. Severability and Survivability. If any pro�.�ision of ;his Lease is inva!- id or unentorcezble under applicable law, it won't invalidate the r>- mainder o� this Lease or chznge the intent ofthe parties. Paragraphs 10.1,10.2, 75, 22.i, 27, 30 and 3i shall survive the termination af this Lease.This Lerse binds subseauent owners. 30. CoMrolling Law.Texas la�v ga✓erns this Lease. All litigation a� �sir.y under this Lease and a!I Lease obiigations must be brough; in th: county, aod precind ii aoplicable, where the apartmen, I> IOC3iBG. 37. Waivers. BysianingthisLzase,youzgree`.othefollowir�g: 3i.i. ,r.lassActionWa'sver.Youag:eethztyou�millnotpzrticipzt= ir. any dzss action ciaims zga:nst us or our employees, agents, or manzgemeni company. You musi file any daim agains: us individually, ard you expressly waive yourriyht to brir. o, represent, join or otherwise mainYain a dass action, coltective action or similar proceeding against us in cny forum. YOU L� NDER:TAN D 7HA. �, t�u I?HQ't�T TN PS 1,NA4�lER, Y�U CO v L'J 3'c k PA 2TY f PJ A. LLASS :.0 i';C �i �AINS�i IT. ^cY SGNIt�� TY.fS_�RSE. IOU ACC�?7THi5 L�lA^�ER AI�G CHOOSc �'U i?,.VE R�IY CLP.iMS DECi3�D �NJ�iVIDUALLY. TNE?R�'.'!SI' NS DF'HIS PF.Rk���APH SNAiL SURVI�IE -HE T=2Y!i":k760� G�t �XP':f?ATiL'� OF?H!S LeAS=. 37.2. 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Betiore s:!bnittiny a ren;af appi��ai'son or si�yni^g?h[s :e��e, y�u s;;�u�d review che documents ar.d may cor.su3Y an zttorne;�. Y"ou are �OJRCSDj�=IlO5�Ed5EWNE� ?tfssigned.Anefectronicsig^az�:as Q:�ding. � F.is t=asP, indu�i�g ai; addenda, is tre en;ir� aareemetS �etweer you anri us. Yo� aaree tka: you are u6T reiying on any ora�represania`ions. .R�es%�dgen: orR_sidenfs ;cli sinn belowl �'�/ � -. �_ _�� .� �—_� ` —�— � (Name ef Resid=nt` �z:a signec ;Uzme or Res�9rr.t� Date sianed (Name or Reside^t) Dat2 sic,red jNzrne of Resident) Daie signed (Name cf Residenti Date si9ned Qwn ro Ov✓ne�r'srcepres�fativeisignin nbe Ifc`oufrerj ��,� � � "raqe c. o° c Apa r;mznt Leasz Con:rzc<. T.SA 0`.fi:ial 5[ate••�'�de fcrm 23-Ai B- i B-2 Revised Oc:obe; 2C23 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