HomeMy WebLinkAboutContract 62540-R1A1CSC No. 62540- Renewal One and Amendment One Page 1 of 4
CoFW and PALLADIUM EAST BERRY, LTD.
RENEWAL ONE AND AMENDMENT ONE
TO CITY OF FORT WORTH CONTRACT NO. 62540
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth (“City”), and PALLADIUM EAST BERRY, LTD.(“Landlord”), each individually
referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS
WHEREAS, the City entered into an agreement with the Landlord for rental assistance
for a named tenant, City Secretary Office (CSO) Contract No. 62540 (the "Agreement");
WHEREAS, (“Tenant”) is a participant in the City’s rental assistance
program; and
WHEREAS, the Parties wish to renew and amend the Agreement as described below,
including an amendment to: (1) restructure Section 3.2.1; (2) incorporate rental obligations for the
Second Renewal Term; and (3) incorporate Section 4.2.3 HUD Program Year Funding to the
Agreement.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year-term beginning
September 1, 2025, and expiring August 31, 2026 (“First Renewal Term”) unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1.Section 3.2.1 of the Agreement is hereby deleted in its entirety and
restructured to read as follows:
3.2.1 Rent.
Initial Term:
The City has been notified that the Tenant’s Total Rent during the Initial Term is $1,755.00
per month for the Unit.
Tenant shall be responsible for $0.00 of rent per month from September 1, 2024 to
September 30, 2024. Tenant shall be responsible for $723.00 of rent per month from
October 1, 2024 to August 31, 2025.
City shall be responsible for $1,755.00 of rent per month from September 1, 2024 to
September 30, 2024. City shall be responsible for $1,032.00 of rent per month from
October 1, 2024 to August 31, 2025.
CSC No. 62540- Renewal One and Amendment One Page 2 of 4
CoFW and PALLADIUM EAST BERRY, LTD.
First Renewal Term:
The City has been notified that the Tenant’s Total Rent during the First Renewal Term is
$1,838.00 per month for the Unit.
Tenant shall be responsible for $738.00 per month for the Unit from September 1, 2025 to
August 31, 2026.
The City shall be responsible for $1,100.00 per month for the Unit from September 1, 2025
to August 31, 2026.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant’s
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City’s sole
obligation is limited to paying the City portion of the rent in accordance with this Agreement.
Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
2. Section 4.2 of the Agreement, Termination of Landlord Services Agreement, has
been restructured to incorporate subsection 4.2.3, HUD Program Year Funding. Section
4.2.3 will read as follows:
4.2.3 HUD Program Year Funding. The City of Fort Worth agrees to commit
funding for rental assistance for a period of up to twelve (12) months, subject to the
availability of funds allocated in the current program year’s budget. The City shall not
commit to providing rental assistance beyond this 12-month period unless and until
additional funding is received from the U.S. Department of Housing and Urban
Development for the subsequent program year. In the event that future funding is not
secured, the City shall provide written notification to both the tenant and landlord at least
ninety (90) days prior to the end of the contract term, advising them that rental assistance
will not continue beyond the 12-month commitment. The City shall not be held liable for
rental payments beyond the 12-month commitment and any lease agreements exceeding
the 12-month term are entered into at their own risk regarding the continuation of rental
assistance.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 62540- Renewal One and Amendment One Page 3 of 4
CoFW and PALLADIUM EAST BERRY, LTD.
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective June
1, 2025.
FOR CITY OF FORT WORTH:FOR LANDLORD:
Name: Dana Burghdoff Name: Angie Elis
Title: Assistant City Manager Title: Landlord
Date: _______________Date:
APPROVAL RECOMMENDED
Name: Kacey Thomas
Title: Neighborhood Services Director
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Name: Sophie Mathews Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date:
Contract Compliance Manager: M&C No.: 25-0676
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.
Name: Julie C. Peña, MSW
Title: Sr. Human Services Specialist
CSC No. 62540- Renewal One and Amendment One Page 4 of 4
CoFW and PALLADIUM EAST BERRY, LTD.
Attachment A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant’s Portion City’s Portion
Initial Term $1,755.00 From September 1,
2024 to September
30, 2024:
$0
From October 1,
2024 to August 31,
2025:
$723.00
From September 1,
2024 to September
30, 2024:
$1,755.00
From October 1,
2024 to August 31,
2025:
$1,032.00
First Renewal $1,838.00 From September 1,
2025 to August 31,
2026:
$738.00
From September 1,
2025 to August 31,
2026:
$1,100.00
EXHIBIT A
COPY OF LEASE AGREEMENT
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This Cease is va!!d only tf 61ted out be%re January 1, 2026.
Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is hetween you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we; "'us;' and "our" refer to the owner Ilsted below.
Residents
Occupants No Additional occupants
A. Apartment (Par. 2)
B.InitialLeaseTerm.Begins: 09/Ol/2025 Endsat11:59p.m.on: OB/31/2026
C. Monthfy Base Rent (Par. 3) E. Secur(ty Deposit (Par.Sj F. Notice of Terminatlon or Intent to Move Out (Par.4)
5 1838 , 00 5 300. 00 A minimum of 60 days'written noticeof
terminatlon or intent to move out required at end of initial Lease
term or during renewal period
Mote that th7s amount does not
p.PraratedRent includeanyAnlmalDepostt,whlch Ilthenum6erofdayslsn'tfi11ed7n,not7ceolatleast30days
5 wouldbereflectedJnanAn)rno! isrequired.
Addendum.
� duefortheremainderoftst
month or
O for 2nd month
G.LateFees�Par.33)
InftialLateFee
95 of one month's monthly base ren[ or
�$ 25.00
Due if rent unpaid by 11:59 p.m. on the
Daily Late Fee
O %o(onemonth'smonthlybazerentfor daysor
�$ 5. 00 for 15 days
(3rd or greater) day of the month
H.ReturnedCheckorRejected 1.EarlyTerminatianFecOption(Par.7.2) K.ViolatfonCharges
Payment Fee (Par.3.4) 5
5 50.00 Noticeof 60 daysisrequired. AnfmalVlolatlon(Par.12.2)
Initialchargeof$ 100.00 peranimal(not
Youarenotellgt6le(orearlyterminationif toexceed5100peranlmapand
I.RelettingChargelParJ.1J yo�areJndelault.
Feemust6epaidno iaterthan Adailychargeof$ 10.00 peranimal
Are�ettingchargeoF51575.05 daysafteryaugiveusnoUcc (nottoexceed$lOperdayperanimaq
(nottoexceed85%offhehlghest IfonyvoluesornurttGeroldaysoreblanka"0; InsuranceViolation(MasterLeaseAddendum
mnnlhtyRentduNngtheLeasetermJ ��enflrfssettiondoesno(apply. orotherse arateaddendum)
may 6e charged in certafn default P
situations 5
L.AdditionalRent-ManthlyRecurringFixedCharges. Youwillpayseparotelyfortheseitemsasoutlinedbelowand/orinseparateaddenda,
Special Provisions or an amendment to this Lease.
Animalrent S 15.00 Cable/satellite $ Internet $
Packageservice 5 Pestcontral S Stormwater/drainage 5
Trash service S Washer(Dryer $
Other. 5
Other. 5
Other. S
Other. c
M. UNlities and Other Varfable Charges. You wlll pay separately for gas, water, wasiewater, eleddciry, trash/recyding, utllity billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connectlon Charge or Transfer Fee: S 50 . 00 (not io exceed 550) to be paid within 5 days of written notice (Par. 3.5)
N. Other Charges a nd Requirements, You will pay separately for these items or comply with these requiremenls as outlined in a Mas[er Lease
Addendum, separate addenda or Special Provisions. Initial Accers Device: $
AddltlonalarReplacementAccessDevices:$ _ RequiredlnsuranceLiabllityLfmit(peroccurrence):S
Speclal Pruvisions. See Par.32 or addltlonal addenda attached.This Lease cannot be changed unless In wrfling and slgned byyou and us.
Apanmenl lease Conlract o2023, Texas Apartment Assodatlon, lnc. 7age 1 oI6
1. Definitions.ThefollowingtermsarecommonlyusedinthlsLease:
1.1. "Residents"arethosellstedin"Residents"a6ovewhoslgn
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed In this Lease vrho are also autho-
rized to live in the apartment, but who do not sign this Lease.
1.3. "Owner" may be Identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including"inthisLeasemeans"Indudingbutnollimitedto."
1.5. "CommunityPolicles"arethewrittenapartmentrulesand
policies, Including property signage and instructions for
ca re of our property and amenit(es, with which you, your
occupants, and your guestz must comply.
7.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease"includesthisdocument,anyaddendaand
attachments, Community PoIlcles and Special Provisionz.
2. Apartment.Youareleasingtheapartmentllsteda6oveloruseasa
private residence only.
2.1. Access. In accordance with this Lease, you'll recelve access
fnformaUon or devices for your apa rtment and mailbox, and
otheraccessdevicesincluding:P. artment Ke s
2� Mailbox Key�sj 1, Access Fob
Remote (� 1 per adult _______
2.2. Measurements.Anydlmensionsand:izesprovidedfoyou
relating to the apartment aie only approximations or
estimates; actual dimens(on: and sizes mayvary.
23. Representations.Youagreethatdesignationsoraccredi-
tations assodated with the property are subJect to change.
Rent. You must pay your Rent on or 6elore the ist day of each
month (due date) without demand. There are no exceptions
regarding the paymen t o/Rent, and you agree not paying Rent on
or 6efare the ist of each month is a materlal breach of thfs L¢ase.
3.1.
31.
3.3.
3.4.
3.5
3.6.
Paym ents. You will pay your Rent by any m ethod, manner
and place we sped(y (n accordance with this Lease.
Cash is n o[ accepta6le wlthout ourprior wlitten
permission. You cannot withhold or oHset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
Application of Payments. Payment of each sum due Is an
independent covenant, which means payments are due
regardless of our performance. When we rece(ve money,
otherthan water and wastewater payments subject to
government regulation, we may apply It at our optlon and
without notice first to any oFyour unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
ohligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. If we don't recelve your monthly base rent in full
when it's due, you mus[ pay late fees as ouNined in Lease Detailz.
Returned Payment Fee. You'll paythe fee listed in Lease
Details for each returned check or rejeded electronlc
payment, pluz initial and daily late fees ifapplicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll payfor all utilitlesand services,
related deposits, and any charges or (ees when they are due
and as outlined In this Lease. Televlslon channels that are
provided may be changed during the Lease term if the
change applies to all residents.
If your electrlcity is interrupted, you must use only battery-
operated lighting (no Oames). You must not allow any
uti lities (other than cable or Internet) to be cut off or
swltched for any rea son—Including disconnection for not
paying your bllls—until the Lease term or renewal period
endz. if a utility is Individually metered, It must be connected
In your name and you must noUfy the provtder of your move-
out date. If you delay getting service turned on in your name
hy this lease's start date or cause it to be transferred back into
our name before yau surrender or abandon the apartment,
you'll be liable for the charge Ilsted above (not to exceed 550
per billing perlod), plus the actual or estimated cost of the
utilities used while the utility should have been billed to you.
If your apartment is Individually metered and you change
your retall electric provider, you must give us written nottce.
Yau must payall applicable provider Fees, including anyfees
to change service back into our name after you move out.
Lease Cha nges. Lease changes are only allowed during the
Lease term or renewal perlod if governed by Pac 10, specified
In Special Provisions i� Par. 32, or by a written addendum or
amendment signed by you and us. At or a(ter the end of the
initlal Lease term, Rent Increases will become ef(ective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1(n writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide iwithout
needing your signature) unless you give us written move-out
notice under Par.25, which applles only to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Terminatlon.This Lease
wlll automatically renew month-to-month unless either party gives
written notfce of terminatlon or Intent to move out as requlred by Par.
25 and specified on page l. lf the num ber of doys isn't filled in, no-
ttce uf ot least 30 days is required.
Security Deposit. The total security deposit (or a II residents is due
on or before the date thls Lease is signed. Any an(mal deposit will be
dezignated in an animal addendum.5ecuritydeposits maynot be ap-
plied to Rent without our priorwdtten consent.
5,1, RefundsandDeductions.Youmustqiveusyouradvance
noticcofmoveoutasprovldedbyPar 25andforwardina
address in writing to recelvc a wrltten detcrintion an d
itemt:ed Ilst of charqez or rafund.ln accordance wlth th(s
tease and as allowed by law, we may deducl fram your
security deposit any amoun ts due undei this Lease, lf vou
move out early orin resnonse to a not7ce to vacate, you'll be
1 nble lo�rekeyfng chorges. Upon receipt of your move-out
date and (orwarding address In wiiting, the securitydeposit
will be returned (lers lawful deductions) witli an itemlzed
accounting of any dedudions, no later than 30 days a(ter
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one payment jointly payable to al I
residents and distributed to any one residentwe choose,
or distributed equally among all residents.
lnsurance.0urinsurance doezn't coverthe loss ofar damage to
yourpersonal property. You wlll be requlred to have Iiabllity Insur-
ance az zpecified In this Lease unless otherwlse prohibited by law. If
you have insurance covering the apartment or your penonal belong•
ings at the time you or we suffer or allege a loss, you agree to requlre
your insurance canier to walve any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe lea ks and similar occurreno-
es. Most renter's insurance polides don't cover losses due to a Flood.
Reletting and Early Lease Terminatfon. This Lease may no[ be ter-
minated early except as provided in this Lease.
7.7. ReletUng Charge.You'll be Ilable for a reletting charge as
iizted in Lease Details, (notto exceed 8596 of the highest
monthly Rent during the Lease term) If you: (A) fall to move in,
or fall to give written move-out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (Q move oul at our demand because
of your defaulh, or (D) are Jud icfally evlcted. The reletting
<harge Is not a terminatlon, cancellatlon or buyout fee and
does not releaseyou (rom your obligations under this Lease,
including Ilabillty for iuture or pas[-due Rent, charges for
damages or other sums due.
The reletling charge is a liquldated amount covering only
part of our damages—(or our time, etfort, and expense In
finding and processing a replacement resident.These
damages are uncertain and hard to ascertain—particularly
those relating to Inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking proz-
pects, overhead, marke[ing costs, and locator-service fees.
You agree that the reletling charge is a reasonable estimate
of our damages and that the charge IS due whether or not our
reletting attempts succeed.
7.2. EarlyLeaseTerminationOptionProcedure.lnadditionto
your termination rights referred to in 73 or 8.1 below, ((lhis
provlsion applles under Lease Detalls, you may opt to
terminate lhls lease prior to the end of lhe Lease term ifall o!
the loNowing occur: (a) as outllned In Lease Detalls, you give
us wrftten notice of early termination, pay the Early Termina-
tion Option fee in (ull and specifythe date by whlch you'll
move out; (b) you are not In default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you recelved during the Lease term.lf you are in
default, the Lease remedies apply.
73. SpeclalTermfnatfonRights.Youmayhavetherlghtunder
Texas law to term7nate this Leose early in certaln sltuattons
Invof ving milltary 4eployment or transfer, /omily violence,
certain sexual offenses, stalking or death of a sole resldent.
Uelay of Occupanty. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease wlll remain in force subject to
(i) abatement o(Rent on a dally basis during delay, and (2) your right
to terminate this Lease In wrltlng as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
palrs that don't prevent you from moving into the apar[ment.
8.1. TermfnaFion.lfwegivewrittennoticetoyouofadelayin
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days a(teryou receive wri[ten notfce.
If we gfve you written no[ice before the date this Lease 6eglns
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a zpecific da[e, you may terminate this Lease within
7 days a(ter receiving written noti�e.
After proper terminaUon, you are entltled only to refund of
anydeposlt(s) and any Rent you pald.
Apartment Lease ConUact 07023, Tezas Apartment Assodalion, lac Page ] of 6
9. CareafUnitandDamages.Youmustpromptlypayorreimburseus
for losz, damage, consequen[ial damages, government fines orcharg-
es, or cost of repalrs or service in the apartment community because
of a Lease violation; Improper use, negligence, or other conduct by
you, your inv(tees, your occupants, or your guests; or, as aflowed by
law, any other cause not due to our negligence or fault, except for
damages by ads of God to the extent theycouldn't be mitigated by
your action or inadion.
Unless damage or wastewater stappa9e ts due [o our negtigence,
we're not 1ia61e /or—ond yo u must pay (ar—repairs and replace-
ments occuning dudng the Lease term orrenewal pe�iod, inctud-
fng: (AJ damage (rom wostewoterstoppages caused 6ylmproper
o6jects in lines excluslvely serving your aportment; (e) damage to
doors, wlndows, orscreens; and (C) darnnge (rom windows ordoors
lelt open.
70. CommunityPollcies.[ommunityPollc7es6ecomeportofthls
Lease andmustbe /ollotved. We may make changes, Including addi-
tions, to our written Communiry Policies, and those changes can be-
come effective Immediately If the Community Pollcies are distributed
and applicable to all units in the apartment commu�ity and do not
change the dollar amounts owed under this Lease.
10.1. PhotoNidea Release. You give us permiszion to use any
photograph, likeness, image or vldeo taken of you while
you are using property common areas or participating in
any event sponsored by us.
10,2. DisclosureoflnformaUon,Atoursoleoption,wemay,
but are not o611gated to, share and use information related
to this Lease fo� law-enforcement, governmenta I, or business
purposes. At our request, you authorize any utility provider to
give us fnformation about pend(ng or actual connections or
disconnections of uti lity servlce to your apartment.
103. Guests. We may excfude from the apartment community
any guests or others who, in our solejudgment, have been
violating the law, vlolating this Lease or our Community
Policies, or disturbing other residents, neighhors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identlficaUon or refuses to identify hlmself or
herself az a resident, an autho�ized occupant, oi a guest of
a specific resident in the mmmunity.
Anyone not lis[ed In this Lease cannot stay In the
apartmentformorethan_ 7_daysinoneweek
without ou r prior wrltten consent, and no more than twice
that many days in any one month.lf the previous space
isn't filled in, 2 days total per week will he the limit.
10.R. NoticeofConvlctlonsandReglstratlon.Youmust
notify us within i S days (f you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled subztance, violence to
another person, or deslrucUon of property, or (C) reglster as a
sex offende�.lnforming us ofa aiminal conviction or
sex-offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repali, renovatlon,
Improvement, or conslructlon In or around the property
are all a normal part of a multi(amily living environment and
ihat it Is impracUcal for us to preveM them from penetreting
your apartment.
11. ConducLYouagreetocommunicateandconductyourselfinalaw-
ful, courteous and reasonable manner at all times when Interacting
with us, our representatives and other residents or occupantz. Any
acts of unlawful, discourteous or unreasonable communication or
conducc byyou, your occupants or guests Is a breach of this Lease.
You must use customary di�igence in maintaining the apartment,
keeping it In a sanitary condition and not damaging or littering the
common areas. Trash must be dlsposed of at least weekly. You wfll
use your apartment and all other areas, Including any balconles, with
reasonable care. We may regulate the use of passageways, patios,
balconles, porches, and activitles In common areas.
71.1. ProhihitedConduct.You,youroccupants,andyourguests
will not engage In certain prohibi[ed conduct, Including the
following activitles:
(a) criminalconduct;manuFacturing,delivering,or
possessing a controlled substance or drug parapher-
nalia; engaging In or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, dlsplaying or poszessing a gun, knlfe,
or otherweapon tn lhe common area, or in a waythat
may alarm others;
(b) behaving In a loud, obnoxlous ordangerous manner;
{c) disturbingorthreateNngtherights,comfort,health,safery,
or convenlence of others, Includ(ng us, our agents, or our
represenlatives;
(d) disrupting our business operations;
(e) sloring anything In dosets contalning wa[er heaters or
gas appliances;
(� tampering with utilities or telecommunication
equipmen[;
{g) bringing hazardous materials Intolhe apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas-operated appliances;
(j) making bad-faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
{I) uzing glass contalners In or near pools; or
(m) conducting any klnd of business (including child-care
services) in yow apartment or In theapartment
community—except (or any lawful business
conducted "at home' by computer, mail, or telephone If
customers, dfents, patfents, employees orother
buziners assoclates do not come to your apartment
for business purposes.
12. Animals,Nolivingcreafureso/anykindareallowed,eventempo-
rarily, anywhere in the apartmenror apartment communiry un-
tess we've given writ ten permisslon. I( we allow an animal, you must
sign a separate Animal Addendum and, except as setforth In the ad-
dendum, pay an animal deposit and applicab�e fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposlt. You represent that any requests, statements and
representations you make, Inciuding those for an assistance or sup-
port animal, are true, accurate and made In good fafth. feed(ng stray,
(eral orwild animals is a breach of [his Lease.
12.1. RemovalofUnauthorizedAnlmal.Wemayremovean
unauthorized animal by (1) leaving, in a conspicuous
place In the apartment, a written notice of ou� intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel [he anlmal;
iurn the animal over to a humane society, local authority
or rescue organization; or return the animal toyou If
we consen[ to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death ofthe
animal unless due to our negligence. You must pay(or
the animal's reasonable care and kenneling charges.
12.2. Vlolations of Anlmal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Po1lcles, you'll be subJect to
charges, damages, eviction, and other remedies
provided In Ihls Lease, Including animal vlolatlon chaiges
listed in Lease Details from the date the animal was
broug ht into your apartment until (t is removed. IF an
animal has been In the apartment at any time duriag
your term oF occupancy (wlth or wlthout our consent),
we'll charge you for all cleaning and repair costs,
Including defleaing, deodorizing, and shampooing. Initial
and daily anlmal-vlolation charges and anfmal-removal
charges are Ilquidated damages for our Ume,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies,
Parking. You may not be guaranteed parking. We may reg�late the
time, manner, and place of parking of all motorized vehicles and
other modes of trensportatlon, Including bicycles and scooters, In
this Lease. In additfon to other righ[s we have to tow or boot vehlcles
under state law, we also have the right to remove, at the expense of
the vehide owner or operator, any vehide that is not In compBance
with thls Lease.
W hen We May Enter. If you or any other resident, guest or occupant
is present, then repalr or service persons, contrectors, law officers,
government representatives, lenders, appralsers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental appllcatlon, or our representatives may peace(ully enter
the apartment at reasonable times for reasonable business purposes.
If nobody Is in the apartment, then any such person may enter peace-
fully and at reasonable tlmes (by breaking a wlndowar other means
when necessary) for reasonable business purposes ifwritten notice of
the ent�y is IeR In a conspicuouz place in the apartment Immedlately
after the entry, We are under no obligation to enter only when you
are present, and we may, but are not obllgated to, give priornotice or
make appointments,
73.
14.
Apariment lease Contra<t 02023, Tezas Apartmrnl Assodatton, Inc Page 3 of b
75. Requests,RepairsandMalfunctions.
15.1. WrittenRequestsRequired.1/youoranyocc�pantneeds
tosendareques[—forexample, forrepafrs,Installallons,
services, ownership disclosure, orsecurlty-relatedmatters—
it must be wrltten and delivered to our deslgnated
representative fn accordance with this Lease (except for
(air-housing accommodatlon or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crlme In
progress).Our written notes regarding your oral request do
not constitute a written request from you.0ur comptying
with or responding [o any oral request doesn't waive the strict
requlrement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a �equest (rom all residents. The Nme,
man ner, method and means o(perfoiming maintenance
and repairs, including whether or which vendors to use,
are wlthln oursole discretion.
15.2. YourRequirementtoNotlfy.Youmustpromptlynoti(yusln
writing of a(r conditioning or heating problems, water leaks or
moisture, mold, eledrical prohlems, malfunctioning ligh[s,
broken or missing locks or latche s, or any other condltlon that
poses a hazard or threat to property, health, or safety. Unless
we Instruct otherwise, you are requlred to keep the
apartment moled or heated according to this Lease. Air
conditloning problemz are normally no[ emergencies.
15.3. Utitltfes. We may change or Install utility lines or
equipment serving the apartment if thework is done
reasonably without substantially Increasing your
utlllty costs. We mayturn off equipmen[ and interrupt
utilities as needed to perform workor to avoid
proper[y damage or other emergencies. If utilities
malfunctlon or are damaged by fire, water, or similar
cause, you must notify our representative Immedlately.
15.4. YourRemedies.We'llactwithcustomarydiligenceto
make repa(rz and reconnections withln a reasonable
time, taking Into consideratlon when casualty-insurence
proceeds are received. Unless requlred by statute after
a casual[y loss, or during equlpment repalr, your Rent
will not abate in whole orin part. "Reasonable time"
accounts for the severity a nd nature of the problem and
the reasonable availability of materials, labor, and
utilities. 1(we fa71 to timely repair a condition that
materiallyalfects the physical health orsafetyofan
ordlnary resident as required by the Texas Property Code,
you may be entltled to exerc7se remedles under 3 92.056
and 4 92.0561 of the Texas Prop erty Code. If you follow
the procedures under those sectlons, the following
remedles, among others, maybe avallable toyou:
(i) fermination of this Lease and an app�opriate re/und
under92.056(fJ;11) have [he condition repaired or
remedied according [o § 91.0561; (3J dedud Irom the Rent
the cost ofthe repair orremedyaccording to § 92.0561;
and 4) judicial remediez wccording to § 93.0563.
16. Our Right to Terminate for Apartment Communtty Damage or
Closure. If, in our soleJudgment, damages to the �nit or building are
significant or perFormance oF needed repalrs poses a danger to you,
we may terminate this Lease and your right to pozsession by giving
you at leas[ 7 days' written notice. If [erminatlon occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
lions. We may remove and dispose of your personal property if, in
our soleJudgment, it causes a heal[h or sa(ety hazard or impedes our
abllity to make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your r(ghtto possesslon bygiving you at
least 30 days' writ[en notice of termination if we are
demolishing your apartment or closing it and itwill no
longer be used for resldential purposes for at least 6
mon[hs, or if any part of the prope�ty becomes subject to
an eminent domaln proceeding.
17. AssignmentsandSubletting.YoumaynotassignthisLeaseorsub-
let your apartment. You agree that you won'[ rent, oHer to rent or
license all or any part o(your apartment to anyone else unless other-
wise agreed to In advance by us in writing.You agree thatyou won't
accept anything of va lue from anyone else for the use of any part of
your apartment. You agree not to list any part of you r apartment on
anylodging or short-term rental website orwlth any person orser-
vice that advertlses dwellings for rent.
18. Securlty and Sa(ety Devices. We_'II oay tor missi�g se<urity de-
vices thatare reauired bY1aw. You'll nayfor:lAl rekeyjna that
you reauest lunless wefailed to rekeyafterthe orevlous resi-
dent moved ouN: and fel repairs orreplacements because of
misuse ordamaae bvvou or your tamily, vour occupants, olyour
u9 ests,Youmustpayimmedlatelyaftertheworkisdoneunlessstate
law authorizes advance payment. You must also pay In advance (or
any additional or changed security devlces you requ est.
Texas Proper[yCode secs. 92.151, 92.153, and 91.154 require, wifh
some exceptlans, thaf weprovide atno cost to you vihen occupancy
beglns: (AJ a tvindow lafch on ench window,• (8) a doorvlewer (peep-
I�ole ar window) on each exterior door, (C) a pfn lock on each sliding
door; (D) elther a door-handle latch or a security 6ai on each sliding
door, (E) a keyless 6o1[ing device (dead6olt) on each exter7ardoor,•
and (FJ e7thera keyed doorkno6lork or a keyed dead6ol t lock on
one entry door. Keyed locks wi116e rekeyed a(ter the priorresident
moves out. The rekeying viill be done either be/are you moveln or
wl[h!n 7 days alter you move ln, as �equlred 6y law. ll we (all to !n-
stall orrekeysecurit y devices as required by law, you have the righ t
to do so and deduct the reasonable cost from your next Ren t pay-
ment under Texas Properfy Codesec 92.165�1J. Wemaydeactivafe
or not lnstall key/ess bolt7ng devlces on yourdoois I f(A) you o� an
orcupant in the dwelling fs over S5 or dlsa6led, and (BJ the require-
men[s ofTexas Prope�tyCodeset. 91.153(e) or(f) a�e satlsfied.
16.1. SmokeAlarmsandDetecNanDevices.We'llfurnlsh
smoke alarms or other detection devices required by law
or cityordinance. We may Install additional detectors
not so requlred. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay forand replace batteries as needed,
unless the law provides otherwlse. We may replace dead
or missing batteries atyour expense, without prior notice
to you. Neither you nor your guests or occu pantz may
disable alarms or detectors. Ifyau damage ordisa6le the
smoke alorm or remave a battery wilhout replacing it
�vith a working 6attery, you may be 1ia61e to us under
Texas Properfy Code sec. 92.1611 for $100 plus one
monf h's Rent, acfual damages, and attorney's fees.
1a.2. DutytoReport.Youmustlmmedlatelyreporttousany
missing, mal(undfonfttg o� de(edWe security devlces,
smoke alarms or detectors. You'll be liable If you fail to
report malfunctions, orfall to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. ResidentSafetyandLoss.Unlessotherwiserequired6ylaw,none
o/us, ouremployees, agents, ormanagementcompanies areliable
to you, yourguests or occupants /or any damage, personallnjury,
loss to personal property, or loss o/business or personal income,
/iom anycause, includ(ng 6utnof lim7tedta: negligent orintention-
al acts ofresidents, occupants, arguests theft, 6urglary, assault,
vandallsm orothercrimes; fire, flood, waterleaks, ratn, hail, ice,
snow,smoke, lightntng, wind, exploslons,lnterruption ofutillUes,
pipeleaks orotheraccurrences unlesssuch damage,lnjuryorlossls
caused extluslvely 6y ournegligence.
We do not warranf security o/any kind. You agree that you wlll not
rely upon any security measures taken by us (or personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge thatwe are not equipped or tralned to provlde
personal security serv(ces to you, your guests or ocapants. You reo-
ognize that we are not required to provide any private security ser-
vices and that no semrlty devices or measures on Ihe property are
fail-safe. You further acknowledge that, even ff an alarm or gate ame-
nities are provided, they are mechaNcal devi�es tha[ can malfunr
tlon. Anycharges resulting (rom the use of an intrusion alarm w(II be
charged to you, induding, but not Ilmited to, any false alarms with
policelfire/ambulance response or other required citycharges.
20. ConditionofthePremisesandAlteratlons.
20.1
20.2.
As-Is. We disclafm alllmpNed warranties. You accept the
apartment, fixtures, and fum(ture as Is, exceptfor
conditions matedally affecting the health or safety of
ordinary persons, You'll be glven an Inventory and
CondiUon Form at or before move-in.You agree that
a(termmpletion of the form orwhh(n 48 hours after
move-in, whichever comes first, you must note an the
form all defects or damage, sign the form, return i[ to
us, and the form accurately reilects the condltion of the
premises for purposes of determining any refund due to
you when you move out.Otherwise, everything wlll be
consldered to be in a clean, safe, and good working
condition. You must still send a separate request(or any
repairs needed as provlded by Par.15.1.
Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electilcal changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outs(de the apartment. Unless this Lease
states otherwlse, we'll permit a reasonable number of small
nall holes (or hanging pictures on sheetrock walls and in
grooves of wood-paneled walls. No water (urniture, washing
machlnes, dryers, extra phone or televislon outlets, alarm
systems, cameras, two-way talk device, video or other door-
Apartmenf Lease Con(ract 02023, Texas Apartment Association, Inc Page 4 of 6
bells, ar lock changes, additions, or rekeying is permitted
unless required by laworwe've consented in writing.You may
install a satellite dish or antenna, but only if you sign our
satellite dlsh or antenna lease addendum, which complies
with reasonable restricUons allowed by federal faw. You musl
not alter, damage, or remove our property, Including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devtces. When
you move in, we'll supply light bulbs for fixtures we (urnish, in-
duding exterior fixturez operated (rom inside the apartmenh
after that, you'll replace them at your expense
with bulbs of the same type and wattage.Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherw(se in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies consUtutes notice to or (rom us. NoUces to
you or any other resldent of the apartment constitute noUce to all
resldents, Notices and requests (rom any resident constitute notice
from a�l residents.Only residents can glve notice of Lease termination
and Intent to move out under Par.73. All notices and documentzwill
be in English and, at our option, in any other language that you read
orspeak.
21.1. ElectronicNotice.Noticemaybegiveneledronicaliyby
us ta you i(allowed by law. II allowed by law and in
accordance with this Lease, electronic notice /romyou to us
must 6e sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address If allowed in thls Lease.
You represent that you have provided your current email
address to us, and that you will noti(y us in the event your
email address changes.
22. Llabll(ty. Each resident Is JolnNy and severally liable for all Lea:e
obligatlons. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are consldered to have violated thiz
Lease.
22.1. Indemnification 6yYou. You'lldefend, lndemnl(yattd6ofd us
and our em ployees, agents, and management company
harmless 1rom alllia6ilityarrsing from yaurconduct or
requests to aurrepresentatives andfrom the conductofor
requesls by yourinvitees, occupants or guests.
23. DefaultbyResfdent.
23.1
23.2.
233.
Acts of Default. You'll be In default If: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, crlminal or other laws, reqardless of
whelher or where a rrest or conviction occurs; (Q you
give incorrect, incomplete, ar False answers In a rental
applicatlon or In [his Lease; or (D) you orany occupant is
charged, detained, convicted, or given deferred
adJudication or pretrlal diversion (or (1) an offense
involving actual oi potential phyzlcal harm to a person, or
Involving the manufacture or delivery of a controlled
substance, marlJuana, or drug paraphernalia as defined
in lhe Texas Contro Iled Substances Act, or (2) any sex-
related oime, induding a misdemeanor.
Eviction. lf yau de/ault, including holdirtg over, we may
end yourrtgh[o/occupnncybygtvingyou at/easta24-
hour written notice ro vacate. Termination oF your posseszian
rfghts doesn't release you from Iiabillty forfuture Rent or
other Lease obligations. A(ter giving notice to vacate or
filing an evtctlon suit, we may sfllf accept Rent orother
sums due; the filing or acceptance doesn't watve or
diminish our right o/evlction or any other contractuat or
statutory right. Accepti ng money at any time doesn't waive
our right to damages, to pas[ o� (uture Re�t or other sums,
or to ow contlnuing with evlction proceedings.ln an eviction,
Rent is owed for the full rental period and will not 6e
prorated.
Acceleration. Unless we elect not to accelerate Reni, all
monthly Rent forthe rest of the Lease term or renewal
period wlll be accelerated automa[ically without not(ce
or demand (before or after acceleration� and will be
immediately due i(, without our written consent: (Aj you
move out, remove property In preparing to move out,
or you or any occupant gives oral or written notice of
intent fo move out hefore the Lease term or renewal
period ends; and (B) you haven't pald all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've de(aulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Reot for lhe Lease term wlll be automatically
accelerated wilhout notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover, You and all occupants mustvacate and surrender
the apartment by or be(ore the date mntained In: p) your
move-out notice (2) our notice to vacate, (3) our notice of
non-renewal, or (4) a written agreement specifying a different
move-out date. If a holdover occurs, then you'll be liahle to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25%by delivering written notice to you oryour
apartment whileyou continue to hold over.
23.5. Other Remedtes. We may report unpald amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debl mlledor may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental d Iscounts or concessions
agreed to In writing that have been applled toyour account.
We may recover attomey's fees in connection wi[h en(orcing
our righis underthis Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas finance Code Section
304.003(c) trom lhe due date. You must pay all mllection-
agency fees if you fail to pay sums due within 10 days after
you are malled a letter demanding payment and stating that
collec[ion-agency (ees will be added if you don't pay all sums
by that deadline. You are also Iiable for a charge (not to
ex�eed $1 SO) to cover our time, mst and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
z4. Representatives'AuthorityandWaivers.0urrepresentatives(in-
cluding management persannel, employees, and agents) have no
authority to waive, amend, ar ferminate this Lease oranypart afit
uniess (n writfng and slgned, and no authority to ntake promises, rep-
resentallons, or agreements that lmpose security duties orother o6-
1(gations on us orourrepresentatives, �nlessln wrlting andsigned.
No aRion or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
cholce to enforce, not en(orce ordelay enforcement o(written-no-
tice requirements, renfal due dotes, acrelerafion, llens, or anyother
rights isn'ta waiverunder any c7rcumstances, Delay in demanding
sums you owe is not a waivec Except when notice or demand is required
by law, you walve any notice and demand for performance from us (f you
default. Nothing in this Lease constitutes a waiver of our remedles for a
breach under your prior lease that occurred before the Lease term beglns.
Your Lease is subordinate ro existing and (uWre recorded mortgages, un-
less the owner's lender chooses otherwlse,
All remediez are cumulative. Exercising one remedywon't constitute
an election or walver of other remedles. All provis(ons regarding our
nonliability or nondu[y apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contrectual, statutory, or other ohllga-
tionz merely by virtue o( acting on our behalf.
25. Move-OutNotice. Beloremovingout,youmustglveourrepresen-
tative advance wrltten move-out not(ce as stated In Par. 4, even (f
this Lease hos become a monfh-to-mon[h lease. The move-out date
cadt be changed unlenwe and you both agree in writlng.
You� move-out natice must comply with each o/the following:
(a) Unless we requlre more than 30 days' notice, if you give
notice on the first day o(the month you intend to move
out, move out will be on the last day o( that month.
(b) Your move-out notice must not terminate this Lease
be(ore the end of the Lease term or renewal perfod.
(c) If we requlre you to give us more than 30 days' written
nolice to move out before the end of the Lease term, we
wlll give you 1 written reminder not less than S days nor
more than 90 days beforeyourdeadlfne for giving us
your writ[en move-out notice. I f we fail to give a reminder
noUce, 30 days'written notice ro move out is required.
(d) Youmustgetfromusawrit[enacknowledgmentofyour
notl�e.
26. Move-OutProcedures.
26.1. Cleaning.Youmustthorou9hlydeantheapartment,induding
doors, windows, furniture, 6athrooms, kitchen appliances,
pa[ios, balconies, garages, carports, and storage rooms.You
must follow move-out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable deaning charges—Induding charges for deaning
carpets, droperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Conl�acl 02073, Texas Aparlment AssociaUon, Inc Page 5 0( 6
normal wear (that Is, wear or soiling that occurs without
neg�igence, carelessness, accldent, or abuse).
26.2. Move-Out Inspection. We may, but are not obligated to,
prov(de ajoint move-out inspection. Our representatives
have no authority to bind or Iimit us regarding deductions for
repairs, damages, or charges. A�y statements or estimates by
uz or our representative are subject to our correction, modi- 31.2.
fication, or disapproval betore final accounting or retunding.
27. Surrender and Abandanment. You have surrendered the apartment
when: (A) the move-out da[e has passed and no one fs Ilving in the
apartment In our reasonable judgment; or (B) apartment keys and ar
cess devices listed (n Pac 2.1 have been tumed In to us—whichever
happensfirst.
You have abandoned the apar tment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been In default for nonpayment of Rent for 5
consecutive days, or water, gas, or eledric service tor the apartment
not connected in our name haz been terminated ortransferred; ond
(C) you've not responded for 2 days to our notice le(t on the Inside of
the ma in entry door stating that we consider the apartment aban-
doned. An apartment Is also considered abandoned 10 days after the
death of a sole rezident.
27.1.
�7.2,
The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right o( possession (or all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security-deposit
deductions; and remove or store property left in the apartment.
Removal and Storage o( Property. We, or law officers, may—
but have no dury to—remove or store all propertythat in our
solejudgment beiongs toyou and remains in the apartment
or In common areas (inciuding anyvehiclesyou orany
occupant or guest owns or uses) atter you're Judidally evicted
or if you surrender or abandon the apartment.
We're not 1ia61e /or casualt y, loss, damage, or the(t. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for anlmals, we may throw away or give to a charitable
organlzatlon all personal property that is:
p) leftintheapartmenta(tersurrenderorabandonment;or
(2) le(toutside more than i hour afterwrit of possession is
executed, (ollowing judicial evic[ion.
An animal removed after surrender,abandonment, or eviction
may be kenneled or turned over to a local authodty, humane
society, or rescue organization.
2B. TAAMembershlp.We,themanagementcompanyreprezentingus,
or a ny loca tor service that you used mnfirms mem6ership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease.lf not, the(ollowing applies:
(Aj this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
(uture rent or other charges. The above remedles also apply If 6oth
of the following occur. (1) thls Lease is automatically renewed on a
month-to-month basis more than once after membership in 7AA and
the local association has lapsed; and (2) nelther the owner nor the man-
agement company Is a member of TAA and the local assoc(ation during
the third automatic renewal. A slgned affidavit from the affiliated bcal
apartment association attesting to nonmembership when this Lease
or renetval was slgned will be conclusive evfdence of nonmembership.
Governmental entities may uze TAA forms iF TAA agrees in writing.
Name, address and telephone number of locator service (if applica6le):
29. Severobllity and Survlvabillty. If any provision o(lhis Lease is inval-
id or unenforceable under applicable law, It won't invalidate the re-
malnder of this Lease orchange the Intent ofthe partles. Paragraphs
10.1,10.2,16, 22.1, 27, 30 and 31 shall survlve the termination of
this Lease.Thls Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litlgatlon arising
underthls Lease and all Lease obllgations must be brought In the
county, and prednct if applicable, where the apartment iz located.
31. Walvers. Bysigning this Lease,you agree to the (ollowing:
31.7. Class Actlon Waiver, You agree that you will not participate
In any dass action daims against us or our employees, agents,
or management company. You must file any claim against uz
individually, and you expressly walve your right to brtng,
represent, f o(n or otherwise mainlain a tlass actlon,
co/lecNve actlon orslmllarproceeding against us in
any (orum.
YOD UNDERSTAtJD7HA7. WITHOUT THIS WAIVER. YOU
COULD BE A PARTY IN A CLASS AC71oN LAWSUI7. BY
SIGNINGTHIS LEASE, YOU ACCEPTTHIS WAIVER AND
CHOOSETO HAVE ANY ClAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OFTHIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE,
Force Majeure.lFwe are prevented from completing substan-
tial performance of any obligation underthis Lease by
occurrences that are beyond ourmntrol, induding but
❑ot limited to,an act of God, strikes, epidemics, war, acts of
terwdsm, rlots, Oood, fire, hurricane, tomado, sabo[age or
governmental regulation, then we shall be excused from any
further performance of obllgatlons to the fullest extent
allowed hy law.
32. Speclal Provislons.The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provlslons In thls Lease.
not sit, stand or otherwise olace
extremely heavy objects on the kitchen
island as it may break the granite.
Paraqraph 6, requiring liabilitv
insurance, does not apply.
Before submitting a rental application or signing this Lease, you
should reviewthe documents and mayconsult an attorney.You are
bound bythis Leaze when It is signed. An electronic signature is
bfnding.This Lease, includtng all addenda, is the entire agreement
hetween you and us.You agree that you are NOT relying on any
oralrepresentaHons.
(all sign 6elow)
Date slgned
Date signed
(Name o(Resldent) Date signed
OwnerorOwner'sRepresenf tiv ( Itofowner)
Aparlment Lease ConlraU, TAA Offidal Statewidc Form 23-A/8-I /8�2 Revised �ctaber 2013 Page 6 of 6
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:8/12/2025 REFERENCE NO.:M&C 25-0676 LOG NAME:
192025-2026 HUD
ANNUAL ACTION
PLAN
CODE:C TYPE:NON-
CONSENT
PUBLIC
HEARING:YES
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2025-2026 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,273,355.77 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. Staff Available for Questions: Juliet Moses; 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 2025-2026 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 $13,273,355.77 for 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 2025-2026 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 $30,000.00 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 $30,000.00 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 2025-2026 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. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,273,355.77 consisting of
$7,116,438.00 in Community Development Block Grant funds, $2,814,431.77 in HOME
Investment Partnerships Program funds, $615,818.00 in Emergency Solutions Grant funds, and
$2,726,668.00 in Housing Opportunities for Persons with AIDS grant funds, all subject to receipt
of such funds; and
7. Authorize a waiver of the Neighborhood Services Department indirect cost of 21.05\%, estimated
total of $264,698.00.
DISCUSSION:
The City's 2025-2026 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2025 and ending
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September 30, 2026 for use of federal grant funds totaling $13,273,355.77 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, plus program income from the
CDBG and HOME grant programs totaling $60,000.00. 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 January 15, 2025. All proposals were received on March 3, 2025. 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 July 14, 2025, to provide citizens with 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 June 11, 2025.
A 30-day public comment period was held from June 16, 2025, through July 16, 2025. Notice of this public
comment period was published in the Cleburne Times Review on June 10, 2025; in the Fort Worth Star
Telegram and Weatherford Democrat on June 11, 2025; and in La Vida News and the Wise County
Messenger on June 12, 2025.
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 July 14, 2025, and the second public hearing is
scheduled for the City Council Meeeting on August 12, 2025.
A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. The 2025-
2026 Annual Action Plan will be submitted to HUD by August 15, 2025.
Indirect costs totaling approximately $264,698.00 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 21.05\% 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.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
For Program Year 2025-2026, it is recommended that the amount of $7,116,438.00 in CDBG funds and an
estimated amount of $30,000.00 in CDBG program income totaling $7,146,438.00 be allocated as follows:
Public Service Agencies - $1,067,465.00 (Limited to 15\% of the grant allocation): Includes social services
for low- and moderate income persons, persons with disabilities, and disadvantaged persons; Housing
Programs - $2,665,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, and
accessibility modifications for seniors and persons with disabilities; Major Projects - $1,000,685.00:
Includes funding for street improvements; Program Delivery - $960,000.00: Includes program delivery
costs for housing programs; Administration - $1,423,288.00 (Limited to 20\% of the grant allocation):
Includes costs for administering the CDBG grant; Estimated Program Income - $30,000.00: Includes up to
$30,000.00 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 (HOME)
For Program Year 2025-2026, it is recommended that the amount of $2,814,431.77 in HOME funds and an
estimated amount of $30,000.00 in HOME program income totaling $2,844,431.77 be allocated as follows:
Homebuyer Assistance Program - $1,110,824.77: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers through the Fort Worth Community Land Trust, the
City of Fort Worth and Trinity Habitat for Humanity; Community Housing Development Organizations
(CHDOs) for affordable housing projects - $422,164.00: These funds will be used by Housing Channel for
the Mason Heights affordable housing development in southeast Fort Worth. Funds will be used for the
acquisition of land and the new construction of 236 units. An estimated 183 units (approximately 77\%) will
be sold to low to moderate income households at or below 80\% Area Median Income (AMI); Major
Projects - $1,000,000.00 allocated to Fort Worth Housing Solutions (FWHS) as a part of Phase Six of the
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Choice Neighborhood Initiative (CNI) grant benefiting low-moderate come residents in the Stop Six
Neighborhood of Fort Worth; Administration - $281,443.00 (Limited to 10\% of the grant allocation):
Includes costs for administering the HOME grant; Estimated Program Income - $30,000.00: 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 (HOPWA)
For Program Year 2025-2026, it is recommended that the amount of $2,726,668.00 in HOPWA funds be
allocated as follows: Public Service Agencies - $1,670,868.00; Neighborhood Services Department -
$974,000.00; Administration - $81,800.00 (Limited to 3\% of the grant allocation)
EMERGENCY SOLUTIONS GRANT (ESG)
For Program Year 2025-2026, it is recommended that the amount of $615,818.00 in ESG funds to be
allocated as follows: Public Service Agencies - $569,632.00; Administration - $46,186.00 (Limited to 7.5\%
of the grant allocation)
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and subrecipient agencies listed below 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
Healthy Living and
Wellness Nutrition Program $120,000.00
Guardianship Services Inc. Aging In Place
Money Smart+ Elder
Financial Fraud
Prevention Workshops
$80,000.00
United Community Centers, Inc Children and Youth
Services
Education Literacy
Program $125,000.00
Boys & Girls Club of Greater
Tarrant County
Children and Youth
Services
Youth Development at
Eastside Branch $72,000.00
Girls Inc of Tarrant County Children and Youth
Services Whole Girl Program $90,281.00
Camp Fire First Texas Children and Youth
Services Teens In Action $62,184.00
Junior Achievement of the
Chisholm Trail, Inc.
Children and Youth
Services
Cradle to Career
Initiative $50,000.00
The Women's Center of Tarrant
County
Economic Empowerment
and Financial Resilience Employment Solutions $90,000.00
Easter Seals North Texas, Inc.Economic Empowerment
and Financial Resilience Employment Services $92,000.00
Presbyterian Night Shelter
Homelessness
Prevention and Special
Needs Support
Moving Home Program $175,000.00
CDBG Public Services Agencies Total $1,067,465.00
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**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 $500,000.00
CDBG Subrecipient Agencies Total $665,000.00
TOTAL CDBG CONTRACTS $1,732,465.00
**REACH and Trinity Habitat will be funded from the CDBG Housing Programs and Services budget.
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGRAM AMOUNT
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)
$1,406,188.00
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
(STRMU), Supportive
Services
$264,680.00
TOTAL HOPWA CONTRACTS $1,670,868.00
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 $139,491.00
Lighthouse for the
Homeless dba True Worth
Place
Homelessness Prevention and
Special Needs Support
Day Shelter
Operations/Services $150,000.00
The Salvation Army Homelessness Prevention and
Special Needs Support
Homelessness
Prevention $127,141.00
Center for Transforming
Lives
Homelessness Prevention and
Special Needs Support Rapid Re-Housing $73,000.00
$80,000.00
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
SafeHaven of Tarrant
County
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services
TOTAL ESG CONTRACTS $569,632.00
All figures have been rounded to the nearest dollar for presentation purposes.
Each of these grants are 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 90 FTE positions in the Neighborhood Services
Department, which is funded nearly 60\% 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, the 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.
The City of Fort Worth has certified that all programs receiving funding through the HOPWA, HOME, ESG,
and CDBG grants comply with applicable Executive Orders.
These programs are available in ALL COUNCIL DISTRICTS.
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:Dana Burghdoff (8018)
Originating Department Head:Kacey Bess (8187)
Additional Information Contact:Juliet Moses (6203)
ATTACHMENTS
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