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HomeMy WebLinkAbout056332-R6A7-U - General - Contract - Samuels Avenue, L.P. dba Pavilion at Samuels Avenue (2)CSC No. 56332-R6A7 RENEWAL SIX AND AMENDMENT SEVEN TO CITY OF FORT WORTH CONTRACT NO. 56332 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and SAMUELS AVENUE, L.P. dba PAVILION AT SAMUELS AVENUE ("Landlord"), each individually referred to as a"Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on December 27, 2019, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56332 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Parties wish to amend the Agreement to update the language (1) restructure Section 3.2.1 to incorporate rental obligations for the SiXth Renewal Term; and WHEREAS, the Parties agree to renew and amend the Agreement as described below. 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 December 1, 2025 and expiring November 30, 2026 ("Sixth 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 replaced with the following: 3.2.1 Rent. Initial Term: • The City has been notified that the Tenant's Total Rent during the Initial Term is $949.00 per month for the Unit. • Tenant shall be responsible for $634.00 of rent per month. • City shall be responsible for $315.00 of rent per month. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 56332- Renewal Six and Amendment Seven Page 1 of 5 CoFW and SAMUELS AVE, L.P. First Renewal Term: • The City has been notified that the Tenant's Total Rent during the First Renewal Term is $949.00 per month for the Unit. • Tenant shall be responsible for $667.00 of rent per month. • City shall be responsible for $282.00 of rent per month. Second Renewal Term: • The City has been notified that the Tenant's Total Rent during the Second Renewal Term is $949.00 per month for the Unit. • Tenant shall be responsible for $226.00 of rent per month. • City shall be responsible for $723.00 of rent per month. Third Renewal Term: • The City has been notified that the Tenant's Total Rent during the Third Renewal Term is $1,149.00 per month for the Unit. • Tenant shall be responsible for $283.00 of rent per month. • City shall be responsible for $866.00 of rent per month. Fourth Renewal Term: • The City has been notified that the Tenant's Total Rent during the Fourth Renewal Term is $1,320.00 per month for the Unit. • Tenant shall be responsible for $172.00 of rent per month. • City shall be responsible for $1,148.00 of rent per month. Fifth Renewal Term: • The City has been notified that the Tenant's Total Rent during the Fifth Renewal Term is $1,320.00 per month for the Unit. • Tenant shall be responsible for $763.00 of rent per month. • City shall be responsible for $557.00 of rent per month. Fifth Renewal Term Amended - Amendment Six: • The City has been notified that the Tenant's Total Rent during the Fifth Renewal Term- Amended is $1,320.00 per month for the Unit. • Tenant shall be responsible for $297.00 of rent per month. • City shall be responsible for $1,023.00 of rent per month CSC No. 56332- Renewal Six and Amendment Seven Page 2 of 5 CoFW and SAMUELS AVE, L.P. Sixth Renewal Term: The City has been notified that the Tenant's Total Rent during the SiXth Renewal Term is $1,352.00 per month for the Unit. Tenant shall be responsible for $294.00 of rent per month. City shall be responsible for $1,058.00 of rent per month. A complete history of rental obligations due under this Agreement, per lease term, is included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURE PAGE FOLLOWS] CSC No. 56332- Renewal Six and Amendment Seven Page 3 of 5 CoFW and SAMUELS AVE, L.P. IN WITNESS WHEREOF, the parties hereto have executed tl�is agreement, to be effective December 1, 2025. FOR CITY OF I'ORT WORTH: �a�ra �r���Gc�lo�' Dana Burghdoff (Dec 2�,'2025 15:1$:�0 CST) Name: Dana Burghdoff Title: Assistant City Manager FOR LANDLORD: u���b� LUIS UUDOfI (UeC l.i� LV15 1�:U1:lU l,Jl f Name: Luis Dubon Title: Assistant Property Manager 12/23/2025 Date: Date: APPROVAL RECOMM�NDED ��"� t�'� Kacev Thomas (Dec 19. 2025 10:19:08 CSTI Name: Kacey Thomas Title: Neighborhood Sezvices Director APPROVED AS TO FORM AND LEGALITY SopGcr'e MatGcewJ Name: Sophie Mathews Title: Assistant City Attorney Contract Compliance Manager: By signing I acicnowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and 12/13/2025 n ATTEST: 9F�RT➢n agFoo� �.aao oi`" �9-�0 ���A �` Qo*°�o a ��a rezns 4� adnnaoa a Name: Jannette Goodall Title: City Secretary 12/23/2025 Date: M&C No.: 25-0676 reporting requirements. `��i'�' � �i%^z�/ � Name: Cyndee Garza Title: Sr. Human Services Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 56332- Renewal Six and Amendment Seven Page 4 of 5 CoFW and SAMUELS AVE, L.P. Attachment A History of Rental Obligations by Lease Term Lease Term Initial Term First Renewal Second Renewal Third Renewal Fourth Renewal Fifth Renewal Amendment Six Sixth Renewal Total Rent $949.00 $949.00 $949.00 $1,149.00 $1,320.00 $1,320.00 $1,320.00 $1,352.00 Tenant's Portion $634.00 $667.00 $226.00 $283.00 $172.00 $763.00 $297.00 $294.00 CSC No. 56332- Renewal Six and Amendment Seven CoFW and SAMUELS AVE, L.P. City's Portion $315.00 $282.00 $723.00 $866.00 $1,148.00 $557.00 $1,023.00 $1,058.00 Page 5 of 5 ::�1:���►, i r:.,�s:u�.�a i �ii;.�r �ss�x:i:�i i��. f 3 This Leose ]s valid only i(filled out before lanuary 1,1026. Apartment Lease Contract This is a binding contract. Read carefully betore signing. This Lease Contract ("Lease") Is between you, the resident(s) as listed below and us.The terms "you" and "your" referto all residents. The terms "we; "'us," and "our" refer to the owner listed below. PARTIES Residents Owtlel' Samuels Avenue LP Occupants LEASE DETAILS J A. Apartment (Par. 2) Ends at 11:59 p.m. on: 11/30/2026 F. Notice o(Termination or Intent to Move Out (Par.4) A minimum of 60 days'written notice of termination or fntent to move out requlred at end of initial Lease term or during renewal perlod Note that this amount does not D. Prorated Rent IncludeanyAnimal DeposiG whlch 1/the numbero/days isn't fi11ed In, notice ofatleast 30 days 5 1352.00 Wouid6ereflectedinanAnlmal isrequired. Addendum. � duefortheremainderoiist month or ❑ for 2nd month G.Late Fees�Par,3.3) Initial Late Fee Dally Late Fee � 10 %of one month's monthly base rent or � %of one month's monthly base rent for days or ❑ 5 10 . 00 p$ 0. 00 for _ days Due (f rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month H.ReturnedCheckorReJected J.EarlyTerminatlonPeeOption(Par.7.2) K.ViolationCharges Payment Fee (Par.3.4) 5 5 75 . 00 Notice o( 60 days is required. Animal Violation (Par.12.2) Youarenotell tblelorearl terminationll Initlalchargeof$ 100.00 peranimal(not 9 Y toexceed$to0peranimalland I.RelettingCharge�Par.7.1) youare7ndefauli. Adallychargeof$ 10.00 peranimal A relettin char e of 5 119 9, 20 Fee must be paid no later than 19 (not to exceed 510 per day per animap 9 9 days after you give uz notice (nottoexceed85%ofthehighest �fanyvaluesornumberoldaysmeblonkor'0,' InsuranceVtolatlon(MasterLeaseAddendum monthfyRentAuringlheLeaseterm) thenthissectiondoesnotapply. orotherse arateaddendum) may be charged in certain default � 5 p situations L.AdditionalRent-Month�yRecurringFfxedCharges. Youwillpayseparatelyfortheseitemsasoutlinedbelowand/orinseparateaddenda, Special Provisions or an amendment to this Lease. Anlmal rent 5 0. 00 �able/satellite 5 Internet 5 Packageservfce $ Pestcontrol $ Stormwateddrainage 5 Trash service S Washer/Dryer $ Other: 5 Other: $ Other: $ Other: $ � M.UtllitiesandOtherVariableCharges.Youwillpayseparatelyforgas,water,wastewater,electrlcity,trash/recyclin9,utllltybillingfeesandother items as outllned fn separate addenda, Special Provisions or an amendment to this Lease. UtllityConnectionChargeorTransferFee:S 50.00 (nottoexceed550)tobepaidwithin5daysofwrittennotice�Par.3.5) N. Other Charges and Requ iremeots. You will pay separately for these items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Devlce: 5 Additional or Repiacement Accets Devlces:5 Requlred Insurance Uablllty Limit (peroccurrence): $ � Special Provisions. See Par.32 or additional addenda attached. This Lease cannot be changed un�ess in wrlting and slgned byyou and us. ��� ii/4/2025 1. Definitlons.ThefollowingtermsarecommonlyusedlnthisLease: 1.1. "Residents"arethoselistedin"Rezidents"abovewhosign this Lease and are authorized to live in the apartment. 1.2, "O<cupants" are those listed in this Leaze who are also autho- rized to live in the apartment, but who do not sign thls 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" In this Lease means'Including but not limited to." 1.5. "Community Policles" are the written apartment rules and policies, including property signage and instructions for care oiour property and amenities, with which you, your occupants, and your guests must compiy. 1.6. "Rent" Is monthly base rent plus additional monthly recurring fixed charges. 1.7. "Lease" Includes this document, anyaddenda and attachments, Community Policies and Special Prov(slons. 2. Apartment.Youareleasingtheapartmentlistedaboveforuseasa prlvate residence only. 2.1. Access.InaccordancewiththisLease,you'llreceiveaccess informat(on or devices for your apartment and mailbox, and other access devices Induding: 2.2. Measurements. Anydlmensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 23. Hepresentations, You agree that designations or accredi- tations associated with the property are subject to change. 3. Rent.YoumustpayyourRentonorbeforethe7stdayolench month (due date) wlthout demand. There are no exceptions regardingthepaymentofRent andyouagreenotpayingRenton orbe(ore the istofeach month is a materlal breach of thls Lease. 3.1. Payments.YouwillpayyourRentbyanymethod,manner and place we spedfy in accordance with thls Lease. Cazh is not atcepta6/e without our prlor wrltten permisslon. You rannot withhold or oHset Rent unless authorized by law. We may, at our option, requlre at any time that you pay Rent and other sums due In one sin9le payment by any method we specify. 3.2. ApplicatlonofPayments.Paymentofeachsumdue(san Independent covenant, which means payments are due regardlessofourperformance. Whenwereceivemoney, other than water and wastewater payments subject to government regulation, we may apply It at our option and witliout notice first to any ofyour unpaid obligatlons, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless oI when the obligations arose. AII sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. 3.3. Late Fees. If we don't receive your montlily base rent In full when iYs due, you must pay late fees as outlined in Lease Details. 3.4. Returned Payment Fee. You'll pay the fee Ilsted In Lease Details for each returned check or reJected electronic payment, plus Inftial and dallylate fees (f applicable, untfl we receive full payment in an acceptable method. 3.5. Ut111tiesandServices.You'llpayforallutilitiesandservices, related deposits, and any charges or fees when they are due and as outlined In this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. If your elect�icity is Interrupted, you must use only battery- operated IlghUng (no (lames). You must not allow any utilities (othei than cable or Internet) to be cut off or switched for any reason—including disconnection for not paying your bills—until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notify the provider of your move- out date. If you delay getting service turned on in your name by this Lease's start date or cause it to be transferred back into our name hefore you surrenderor abandon the apartment, you'll be liable for the charge Ilsted above (not to exceed 550 per billing period), plus the actual or estimated cost of the uUlities used while the utility should have been billed to you. Ifyour apartment is individually metered and you change your retall electric provider, you must glve us written notice. You must pay all applfcable provider fees, including any fees to cha nge service back into our name after you move out. 3.6. LeaseChanges.Leasechangesareonlyallowedduringthe Lease term or �enewal period if govemed by Par.10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the Initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice contained (n Box F on page 1 In writing from us to you. Your new Lease, which may fndude increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move-out notice under Par. 25, which applies only to the end of the current """��, Lease term or renewal period. � ii/4/2025 Automatic Lease Renewal and Notice of Termination. This Lease will automaticaliy renew month-to-month unless elther party gives written notice of termination or Intent to move out as required by Par. 25 and specified on page 1.1/the number of dnys Isn't filled In, no- tice ofat ►east 30 days is requfred. Security Deposit. The total security deposit for all residents Is due on or before the date this Lease is signed. Any animal deposit will be designated in an anlma� addendum. Security deposits may not be ap- plled to Rent without our prior written consent. 5.1. RelundsandDeductfons.Yoymustglveusyouradvance notice of move out as nrovlded 6v Par.25 and forwardina address in writina to receive a wrltten descrintion and itemizedlfstofcharqesorrefund./nocco►dancew(ththls Leose and as allowed by law, we may deduct /rom your setur)ty deposit any amounts due under thls lease, l(you move out earlyorin ►esponse to a noNce to vacate, you'l/ be liab/e for rekeyJng charges. Upon recelpt of your move-out dateand forwarding address in writing, the securitydeposit wlll be returned (less Iawful dedu<tions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonme�t, unless Iaws provide otherwlse. Any refund may be by one paymentjointly payable to all residents and dlstributed to any one resldent we choose, ordistrihuted equally among all residents. Insurance. 0ur insurance doesn't cover the loss ol ordamoge to yourpersonalproperty. You will be required to have liahllity insur- ance as specified in this Lease unless otherwise prohiblted by law. if you have insurance covering the apartment or your personal belong- fngs at the time you or we suffer or allege a loss, you agree to require your insurance carrier to walve any lnsurance subrogation rights. Even (f �ot requfred, we urge you to obtain your own Insurance for losses due to theft, fire, Flood, water, pipe leaks and similar occurrenc- es. Most renter's inzurance policies don't cover losses due to a Flood. Reletting and Early Lease Terminatlon. This Lease may not be ter- minated early except as provided in this Lease. 7.7. Reletting Charge.You'll be liab�e for a reletting charge as listed in Lease Detai�s, (not to exceed 85°,6of 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; (8) move out without pay(ng Rent in full for the entire Lease term or renewal period; (q move out at ourdemand because of your defaulC or (D) are Judiclally evicted. The reletting charge is not a terminatlon, cancellation or buyout fee and does not release you from yourobligations under this lease, inc�uding liabi Iity for future or past-due Rent, charges for damages or other sums due. The reletting charge is a Iiquidated amount covering only part of our damages—for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertafn and liard to ascertaln—particularly those relating to Inconvenience, paperwork, advertising, showing apartments, utllitfes for showing, check(ng pros- pects, overhead, marketing costs, and locator-service fees. You agree that the reletting charge is a reasonable estimate of our dama9es and that the charge is due whether or not our �eletting attempts succeed. 7.2. Early LeaseTermination Option Procedure. In addition to your termination rights referred to (n 73 or8.t below, if this provislon applies under Lease Details, you may opt to terminate this Lease prior to the end of the Leaze term Iloll of the following otcur. (a) as outHned in Lease Detalls, you glve us wrltten �otice of early termination, pay tlie Early Termina- tion Option fee In full and specify the date by which you'll move out (b) you are not in default at any time and do not hold over; and (c) you repay all rent concesslons, credlts or discounts you received during the Lease term. if you are in default, the Lease remedies apply. 7.3. SpeclalTerminatlonRights.Youmayhavetherlghtunder Tezas law to terminate thls Lease early tn certaTn sltuattons lnvolving milltary dep►oyment or transler, /amlly v1o►ence, certatn sexua►oNenses, stalking or death o/a sole resident. 8. DelayofOccupancy.Wearenotrespo�sibleforanydelayofyour occupancy caused by construction, repairs, cleaning, or a previous resident's holding ove�. This Lease will remain in force subject to (1) abatement of Rent on a dally basis during delay, and (2) your rfght to terminate this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay Is forcleaning or re- pairs that don't prevent you fiom moving into the apartment. 5.1. Termination. If we give written notice to you of a delay in occupancy when or after this Lease beglns, you may termf- nate this Lease within 3 days afteryou receive written notice. If we glve you written notice before the date this Lease begins and the notice states that a construction or other de�ayis expected and that the apartment will be ready for you to occupy on a specific date,you may terminate this Lease within 7 days after recefving written notice. Atter proper terminatlon, you are entitled only to refund of any deposit(s) and any Rent you paid. Paqe 2 0( 6 9. CareofUnitandDamages.Youmustpromptlypayorrelmburseus for lozs, damage, consequential damages, government fines or charg- ez, or cost of repairs or servfce in the apartment community because of a Lease vfolation; improper use, negligence, or other conduct by you, your invitees, yow occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they co�ldn't be mitigated by youraction or inaction. Unless damage or wastewaterstoppage Is due to our negllgence, we're not 11ab1e for—and you must pay for—repairs and replace- ments occurring during the Lease term or renewol perlod, Includ- ing: (A) damage (rom wastewater stoppages caused by7mproper o6f ects ln Itnes exclust vely serving your apartment; (B) damoge to doors, windows, orscreens; and (C) damage from w(ndows ordoors lef[open. �� si���;L-�'l�� '` ����I�'� 10. CommunityPolfcles.CommunityPaltclesbecomepartofthis Lease and must be followed. We may make changes, includi ng addi- tions, to our w�itten CommuNty Policfes, and those cha nges can be- come effective immediately if the Community Policles are distributed and applicable to all units in the apartment communityand do not change the dollar amounts owed under this Lease. 70.7, Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using propertycommon areas or participating In any event sponsored by us. 10.2. Disclosure of Informatlon. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law•enforcement, governmental, or 6usiness purposes. At our request, you authorize any utility provider to give us in(ormatlon about pending or actual connections or disconnections of util(ty service to yo�r apartment. 103. Guests. We may excludefrom the apartment community anY9uests or others who, in our solejudgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, nelghbors, visitors, or owner representatives. We may aiso exctude from any outside area or common area anyone who refuses to show photo identificatlon or refuses to Identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the communiry. Anyone not listed in this Lease cannot stay in the apartment for more than 3 days in one week without our prior written consent, and no more than twice that many days in anyone month.l(the previous space isn't filled In, 2 days total per weekwlll be the Ilmit. 10.4. NoticeofConvictionsandReglstratlon.Youmust notify us within 15 days if you or any of your occupants: (A) are convlcted of any felony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender.lnforming us of a criminal conviction or sex-offender registration doesn't waive any rights we may have against you. 10.5. Odors, Noise a�d Construction. You agree that odors and smelis (including those related to cooking), everyday noises or sounds related to repair, renovation, improvement, or construction in or around the property are all a normal part of a multifamily living environment and that it fs Impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agiee tocommunlcate and conduct yourself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful,discourteous or unreasonable communication or conduct by you,youroccupants orguests is a breach of this Lease. You must use customary diligence In maintalning the apartment, keeping it In a saNtary conditlon and not damaging or litteri ng the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, wlth reasonable care. We may regu�atethe use of passageways, patios, balconies, porches, and activities fn common areas. 11.7. ProhibltedConduct.You,youroccupants,andyourguests will not engage in certain prohibited conduct, including the following activities: (a) criminalconductmanufacturing,deNvering,or possessing a controlled substance or drug parapher- nalla; engaging in or [hreatening violence; possessing a weapon prohibited by state law; discharging a firearm In the apartment community; or, except when allowed by law, displaying or possessfng a gun, knife, or other weapon In the common area, or In a way that may alarm others; (b) behaving In a loud, obnoxlous or dangerous manner; � it/4/2025 (c) disturbingorthreateningtherights,comfort,health,safety, or convenience of others, fncludfng us, our agents, or our representatives; (d) disrupting our businessoperations; (e) storing anything In closets contalning water heaters or gas appiiances; (f} tampering with utillties or telecommunication equipmenF (g) bringing hazardous materials Into the apartment community; (h) usfngwindowsforentryorexit; (i) heating the apartment with gas-operated appliances; (J) makingbad-faftliorfalseallegationsagainstusorour agents to others; (k) smoking of any kind, that ls not (n accordance wfth this Lease; (p using glass containers in or near poo�s; or (m) conducting any kind of business (Inciuding child-care services) In your apartment or In the apartment community—except for any lawful6uziness conducted "at home' by computer, mail, or telephone if customers, clients, patients, employees or other business assoclates do not come to your apartment for business purposes. 12. Animals.Nollvingcreatureso/anyk7ndareallowed,eventempo- rarlly, anywhere tn the apartment or apartment community un- less we've given written perm(ssion. If we allow an animal, you must slgn a separete Anlmal Addendum and, except as zet forth In the ad- dendum, pay an animal deposit and applicablefees and additional monthly rent, as applicable. An animal deposit Is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, ferel orwild animals is a breach of this Lease. 12.1. Removal of Unauthorized Anima►. We may remove an unauthor(zed animal by (1) leaving, in a conspicuous place fn the apartment, a writ[en notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the anima� and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we wo�'t be liable for loss, harm, sickness, or death of the animaf unless due to our negligence. You must pay for the animal's reasonable care and kenneling char9es. 12.2. ViolationsoiAnlmalPollclesandCharges. Ifyouor any guest or occupant violates the animal restrictions of thls Lease or our Community Policies,you'll be subJectto charges, damages, eviction, and other remedies provided in this Lease, including animal violatlon charges listed in Lease Details from the date the anlmal was brought into your apartment until It Is removed. If an anlmal has been in the apartment at any time during your term of occupancy (with or wlthout our consent), we'll charge you for all cleaning and repalr costs, Including deFleaing, deodorizing, and shampooing. initlal and daily animal-violatlon charges and animal-remova� charges are liquidated damages for our time, inconvenfence, and overhead In enforcing animal restrictfons and Community Policies. 13. Parking.Youmaynotbegua�anteedparking.Wemayregulatethe time, manner, and place of parking of all motorized vehicles and other modes of trensportatfon, including bicycies and scooters, in tiiis lease. In addition to other rights we have to tow or hoot vehicles under state law, we also have the right to remove, at the expense of the vehi<le owner or operator, any vehicle that is not in compliance with this Lease. 74. WhenWeMayEnter.ifyouoranyotherresident,guestoroccupant is presen[, then repair or servlce persons, contractors, law officers, government reprezentatives, lenders, appralsers, prospective resi- dents or buyers, fnsurence agents, persons autliorfzed to enter under your rental appllcation, or our representatives may peacefully enter tlie apartment at reasonable times for reasonable business purposes. If nobody Is fn the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or othei means when necessary) for reazonable buslness purposes If written notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligatlon to enter only when you are present, and we may, but are not obllgated to, give prfor notice or make appofntments. Page 3 0� 6 15. Requests, Repairs and Malfunctlons. 15.1. WrittenRequestsRequlred.lfyouoranyoccupantneeds to send o request—lor exampie, /or repalrs, Installallont, services, ownershlp disclosure, orsecur(ty-related matters— 1t must be written and delivered to our deslgnoted representative In accordance wlth this Lease (except for fair-housing accommodatlon or modification requests or situations involving Imminent danger or threats to health or safety, such az fire, smoke, gas, explosion, or crime in progress). Our written notes regarding youroral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the shict requirement (o� written no[ices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. Thetlme, manner, method and means o(perlorming mafntenance and repolrs, including whether or whlch vendors fo use, are wlthin oursole dlscretlon. 15.2. YourRequfrementtoNotlfy.Youmustpromptlynotlfyusin writing of ai� conditioning or heating problems, water �eaks or moisture, mold, electri<a� problems, malfunctioning lights, broken or missing focks or latches, or any other condition that poses a hazard or threat to property, health, or safety. Unless we (nstruct otherwise, you are required to keep the apartment cooled or heated according to this Lease. Air conditioning problems are normaliy not emergencies. 153. Utilities.Wemaychangeorinstallutilitylinesor equipment serving the apartment if the work is done reasonably without substantialiy increasinq your utility costs. We may turn off equfpment and interrupt utilitfes as needed to perform workor to avoid property damage or other emergencies. If utilities malfunctlon or are damaged by fire, water, or simllar cause, you must notify our representative immedlately. 15.4. Your Remedies, We'll act with customary diligence to make repairs and reconnectionz withln a reasonable time, taking into consideretion when casualty-insurance proceeds are recelved. Unless required by statute after a casualty loss, or during equlpment repair, your Rent wiil not abate fn who�e or in part.'Reasonable time" accounts for the severity and nature of the problem and the ieasonable availability of materials, labor, and utilitfes. Ifwe fall to tlmelyrepalra condlNon that materlallyaHects the physical health orsafetyofan ordinary resldent as requlred by the Texas Property Code, you may be entl tled to exerclse remedles under § 92.056 and § 92.0561 of the Texas Property Code, l/you follow the protedures under those secttons, the lollowing iemed(es, among others, may be avallabie toyou: (1) terminotton of thls Lease ond an approprlate retund under 92.056(/J; (2) hove the condltlon repaired or remedledaccording to § 92.0561; (31 deduct from the Renf the cast of the repal r or remedy accordtng to 4 92.0561; and 4) f udic(al remedies according to § 92.0563. 16. Our Rig ht to Terminate for Apartment tommunity Damage or Closure. If, in our sole Judgment, damages to the unit or building are significant or performance o(needed repairs poses a dangertoyou, we may termfnate this Lease and your right to possession by giving you at least 7 days' written notice. i( termination occurs, yo� agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose of your personal property ff, in our soleJudgment, it causes a health or zafety hazard or impedes our ability to make repairs. Texas PropertyCode secs. 92.151, 92.153, and 92.154 requlre, wlth some exceptlons, that we provlde at no cost to you when occupancy begtris: (A) a wlndow lafch on each wlnCow; (B) a doorvlewer (peep- hole or wlndow) on eoch exteriordoor,• (C) a pin lock on each sliding door; (D) elther o door-handle latch or o securtty bar on each sltding door, (E) a keyless 6olting devlce (deadboltJ on ench exteriordoor, and fF)eltherakeyeddoorknoblockorakeyeddeodboltlockon one entrydoor. Keyed locks will be rekeyed aRer the prfor resident moves out. 7he rekeyi ng w111 be done efther 6e%re you moveln or within 7 days after you moveln, as requlred 6y law, l(we (ail to In- stoll orrekey securit y devlces as requlred by law, you have the rlght to do so and deduct the reasona6le cost from your next Rent pay ment under Texas Property Code sec. 92.165(7�. We moy deactfvate or not install keyless bolting devlces on yourdoors if (A) you oran occupant In the dwelNng ls over 55 or dlsab►ed, nnd (B) the requlre- ments of Texas Propert y Code sec. 92.153/e) or (f) are satlsfied. 18.7. Smoke Alarmsand Detection Devices. We'il furnish smoke alarms or other detection devices required by law or city ordinance, We may install additional detectors not so requlred. We'll test them and provlde wo�king batterles when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable oFalertlng a person with a hearing impairment. You must pay for and replace batterfes as needed, unless the law provldes otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occu pants may disable alarmz or detectors. If you damage or dlsable the smoke alarm orremove a 6attery wlthout rep►acing (t wlth a working 6attery, you maybe Ilable to us under TexasPropertyCodesec.92.I611 for$100plusone month4 Rent, actual damages, andattorney's lees, 18,2. DutytoReport.Youmustimmediatelyreporttousany miss(ng, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable if you fail to report malfunctions, or fail to report any loss, da mage, or fines resulting from fire, smoke, or water. 19. Resident5afetyandLoss.Un/essofherwiserequfred6ylaw,none otus, ouremployees, agents, ormonagement companies areliab►e to you, yonrguests or occupants for any damage, personaf inJury, loss to personalproperty, or/oss of buslness orpersonal tncome, /rom any cause, Including 6ut not llmfted to: negitgent orinientlon- al acts ofresidents, occupants, or guests; thek, burglary, nssault vandaNsm orother crlmes; fire, Flood, waterleaks, raln, hall, lce, snow,smoke, ltghtning, w]nA, exploslons, InterrupHon ofuNlities, p(pe leaks or other oaurrences unless such damage, lnJury orloss Is caused excius(vely 6yournegllgence. We do not worrant security of any kind. You agree that you will not rely upon any security measures taken 6y us (or personal security, and that you will call 911 and local Iaw enforcement authorities if any security needs arise. You acknowledge that we are not equfpped or trafned to provide personal security services to you, your guests or occupants. You reo- ognize that we are not requlred to provide any private security ser- vices and that no securitydevices or measures on the property are fall-safe. You Further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices thatcan malfunc- tion, Anycharges resulting from the use of an intrusion alarm wlll be charged to you, (ncluding, but not limited to, any false alarms with po�ice/fire/ambulance response or other required city charges. Z0. Condltlon ofthe Premises and Alterations. 76.1. PropertyClosure. We also have [he right to terminate 20.1. th(s Lease and your right to possession by giving you at least 30 days' written notice of termination if we a�e demo�ishing your apartment orclosing it and It will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Asslgnments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or Ilcense all or any part of your apartment to anyone else unless other- wise agreed to in advance by us In writing. You agree that you won't accept anything oF value from anyone else for the use of any part of your apartment. You a9ree not to Iist any part of your apartment on any lodging or short-term rental website or with any person or ser• vice that advertises dwellings for rent. Security and Safety Devices. We'll oavfor missina securltv de- yjsgp that are reauf �ed hv law. You'll nav (or: (Al rekeying that vou reauest lunless we falled to rekev after the nrevfous resl- dent mnved outl; and IBl reoalrs or renlacements hecause af misuse or damaae bvvou arvour familv, your occupants. o►your s s Youmustpayimmediatelyaftertheworkfsdoneuniessstate law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. 18. 20.2. As•Is. We dlsclalm alllmplfed warrantles. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given a n Inventory and Condition Form at or before move-in. You agree that after completion of the form or within 46 hours after move-in, whichever comes first, you must note on the form all defects or damage, stgn the form, return It to us, and the form acarately reflects the condition of the premises for purposes of determining any refund due to you when yo� move out.Otherwise, everything wlll be considered to be in a ciean, safe, and good working condition. You must still send a separate request for any repalrs needed as provided by Par.15.i. Standards and Improvements. Unless authorized by Iaw or byus in writing, you must not pe�form any repairs, palnting, wallpapering, carpeting, electrical changes, or otherwize alter our property. No holes or stickers are allowed Inside or outside the apartme�t. Unless this Lease states otherwise, we'll permit a reasonable num6er of small nall holes for ha nging plctures on sheetrock walls and In grooves of wood-paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, cameras, two•way ta�k device, video or other door- 11/4/2025 bells, or lock changes, addltions, or rekeying is permitted unless requ Ired by law or we've consented In writing. You may install a satellite dish or antenna, but only if you sign our satellite dish or antenna Iease addendum, wlilcli complles with rea:onable restrictfons allowed by federel law. You must not alter, damage, or remove our property, Including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move In, we'll supply light bulbs forfixtures we furnish, in- cluding exterior fixtures operated from inside the apartment; after that, you'll replace them at your expenze with bulbs of the same type and wattage. Your improvements to the a partment (made with or without our consent) become ours unless we agree otherwise In writing. 21. Notices.Writtennoticetoorfromouremployees,agents,or management companies constitutes notice to or from us. Noticesto you or anyother resldent of the apartment constltute notice to all residents. Notices and requests from any resident constitute notice (rom all residents.Only residents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documents will be In English and,at ouroption, in anyother language that you read orspeak. 21.1. Etectronic Notice. Notice may be given elect�onically6y us to you If allowed by law. lf allowed by law and In accordance with this Lease, eleuronic notice lrom you to us must be sent to the emall address and/or portal specified In thls Lease. Notice may also be given by phone call or to a physical address if allowed In this Lease. You �epresent thatyou have provlded your cwrent emall address to us, and that you will notify us in the event your email address changes. ,�„�—_. _ � � • � ._ .. �, `; 22. Lia6111ty. Each resident isjointly and severally liable for all Lease obligations. If you or any guest or occupant violates this Lease or our Communfry Pollcfes, aIl residents are considered to havevfo�ated thls Lease. 22.1. IndemniHcation hyYou. You7lde(end, indemnilyand holdus and ouremployees, agents, and management company horm/ess hom alllia611ity arlsing fromyourconduct or requests to our representattves and from the conduct olor requests byyourinvitees, occupants or guests. 23. DefaultbyResident. 23.1. 23.2. Acts of Default. You'll be in defauit if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or anyguest or occupant violates this Lease, our Community Policles, or fire, safety, health, crimfnal or other laws, regardless of whether or where arrest o� conviction occurs; (q you give incorrect, Incomplete, or faise answers in a rental applicatfon or in this Lease; or (D) you or any occupant is charged, detained, mnvided, or given deferred adjudicatlon or pretria� diverslon for �1) an offense Involving actual or potential physicai harm to a person, or Involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined In theTexas Controlled Substances Act, or (2) any sex- related cr(me, inciuding a misdemeanor. Evicti on. l/you default, Including holding over, we may end your rlgh t of occupancy 6y glvtng you at ►east a 24• hour written noNce to vacate. Termination of your possesslon rights doesn't release you from liability%r future Rent or other Lease obligations. Aker glving not(ce to vacate or filing an evlctlon sult, we may stlll acrept Rent or ofher sums due; the filinq or acceptance doesn't waive or dlminlsh ourright ofevlctlon orany othercontractual or statutory rlght. AccepHng money at any time doesn't walve our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings, I n an eviction, Rent Is owed for the full rental perlod and wlll not he prorated. 23.3. Acceleration. Uniess we elect not to accelerate Rent, all monthly Rent for the rest of the Lease [erm or renewal period will be accelereted automatically without notice or demand (before or after acceleratlon) and will be immediately due if, without ourwritten consent (A) you move out, remove property in preparing to move out, or you or any occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (B) you haven't pald all Rent for the entlre lease term or renewai perfod. Remalning Rent will also be accelerated if you're Judldally evicted or move out when we demand because you've defaulted. 17/4/2025 If you don't pay the first month's Rent when or hefore this lease begins, all future Rent for the Lease term will be automatically accelerated without noticeand become immediatelydue. We also may end your right of occupancy and recover damages, fuwre Rent, attorneys fees, court corts, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contalned In; (t) your move-out notice (2) our notice to vacate, (3) our notice of non-renewal, or (4) a written ag�eement speci(ying a different move-out date. If a holdover occurs, then you'll be liable to us for all Rent for the fuli term of the prevlously 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°,o by delivering written notice to you or your apartment whlle you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by �aw.lf we or ourdebt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you will pay us, In addition to other sums due, any rental discounts or concessions agreed to In wdUng that have bee� applted to your account. We may recover attorney's fees In connection with enforcing our rights under this Lease. All unpald amounts you owe 6ear fnterest at the rate provided byTexas Flnance Code Section 304.003(c) from the due date. You must pay all collection- agency fees if you fail to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection-agency fees will be added if you don't pay all sums by that deadline. You are also Ilable for a charge (not to exceed 5150) to cove� our time, cost and expense for any eviction proceeding agalnst you, plus our attorney's fees and expenses, court costs,and filing fees actually pald. 24. Representatives'AuthorityandWaivers.0urrepresentattves(!n- cluding managementpersonnel, employees, and agents) have no authort ty to waive, amend, or terminate thls Lease oranyportaflt unless (n wrlting and signed, and no authority to make promises, rep- resentatlons, or agreements that lmpose securlty duties orothero6- IigaHons on us or our representnttves, un►ess in writing and slgned. No action or omission by us will 6e considered a waiver of our rights or of any subsequent violation, default, or tlme or place of performance.0ur cholce to en(orce, notenforce or delayen/orcement ofwrltten-no- Uce requlrements, rental due dotes, acce/eratlon, liens, oronyother rlghts isn'ta walverunderanyclrcumstances. Delay in demanding sums you owe fs not a walver. Except when notice or demand is required by law, you waive any notice and demand for performance from us i(you default. Nothing in thls Lease constitutes a walver of our remedies for a breach under your prior lease that occurred betore the Lease term begins. Your lease is subordinate to existing and future recorded mortgages, un- less the owners lender chooses othenvise. All remedies are cumulative. Exerdsing one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliqa- tions mere�y by vlrtue of acting on our behalf. �4:.1•t.t�,'LK�1'�sJ?ia - - -• c.�� .. � .. _ �•�'_::�.;;: 25. Move-OutNotice. Beforemovingout,youmustglveourrepresen- !at(ve advance wrt tten move-out notice as stated in Par. 4, even !f thls Lease has become a monfh•to-month lease. The move-out date can't 6e changed unless we and you both agree In writing. Your move-out not(ce must compty wlth each of the following: (a) Unless we requlre more than 30 days' notice, if you glve notice on the firstday of the month you intend to move out, move out will be on the last day of that month. (b) Your move-out notice must not terminate this lease before the end of the lease term or renewal period. (c) Ifwe require you to give us more than 30 days' written notice to move out before the end of the Lease term, we wlll give you 1 written reminder not less than 5 days no� more than 90 days before yourdeadl(ne for giving us your written move-out notice. If we fail to give a reminder notice, 30 days' written notice to move out Is requlred. (d) You must get from us a written acknowledgment of your notice. 26. Move-OutProcedures. 26.1. Cleaning.Youmustthoroughlycleantheapartment,including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconles, garages, carports, and storage rooms. You must follow move-out cleaning instructlons if they have been provided.lf you don't clean adequately,you'll be liable for reasonable cleaning charges—including charges for cleaning carpets, draperies, furniture, wallz, etc. that are soiled beyond Page 5 of 6 norma� wear (that is, wear or soiling that occurs without negligence,carelessness,acddent,orabuse). 26.2. Move-Out Inspection. We may, but are not obiigated to, provide a Jolnt move-out Inspectlon. Our representatives have no aulhorityto bind or limlt us regarding deductions for repairs, damages, or charges. Any statements or estlmates by us or our representative are subject to ourcorrection, modi- 31.2. ficaUon, or disapproval befoie final accounti�g or refunding. 27. Surrenderand Abandonment. You have surrendered the apartment when: (A) the move-out date has passed and no one Is livfng in the apartment in our reasonablejudgment or (8) apartment keys and ac- cess devices listed in Par. 2.1 have been turned in to us—whlchever happens first. You have a6andoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable Judgment (B) you've been fn defauit for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment �ot connected In our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice �eft on the inside of the matn entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. TheEndingofYourRlghts.5urrender,abandonment,or judicial eviction ends your right of possession for all purposes and glves us the Immediate right to clean up, make repalrs in, and relet the apartment determine any security-deposit deductions; and remove or store property feft fn the apartment. 27.2. Removaland5torogeofProperty.We,orlawofficers,may— but have no duty to—remove or store all property that In our solejudgment belongs to you and remalns in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you ie Judicfally evicted or if you surrender or abandon the apartment. We're not liable forcasualty, loss, damage, ortheR. You must pay reasonable charges for our packing, removtng and storing any property. Except for animals, we maythrow away or give to a charitable organlzation a�l personal property that Is: (1) leftintheapartmentaftersurrenderorabandonment;or (2) left outside more than t houra(terwrit of possesslon Is executed, followi ng Judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane soclety, or rescue organization. � i� . ��,. �.�„-.,,� , ���d�;�ia;�:nu'•r,l.��i����i;'�r;i;l�►.7i�i:�L�i�iit�V��iri�j 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membeaMp in good standing of both the Texas Apartment Assodatlon and the affiliated local apartment association for the area where the apartment is Iocated at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and Is unenforceable byus (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply If both of the following occur: (1) this Lease is automatically renewed on a month-to-month basis more than once after membersh ip in TAA and the local aszociation has lapsed; and (2) neither the owner nor the man- agement company Is a member of TAA and the local associatlon during the third automatic renewal. A signed affidavit from the affiliated local apartment asso<lation attesting to nonmembe�ship when this Lease or renewal was signed will be conclusive evidence o( nonmembership. Governmental entities inay use TAA fonns if TAA agrees in writing. Name, address and telephone number of locator service (if applicable): 19. Severebility and Survivability. If any provisfon of this Lease is inval- id or unenforceable under applicable law, it won't Invalldate the re- mafnder of this Lease or change the Intent of the parties. Paragraphs 10.7,10.2,16, 22.1, 27, 30 and 31 shal I survtve the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas lawgoverns thls Lease. All litigatlon arising under thls lease and a�l Lease obllgations must be brought in the county, and precinct if applicabfe, where the apartment is located. 31. Waivers. By signing this lease, you agree to the followinq: 31.1. Class Actfon Waiver. You agree that you wlll not participate in anyclass action cialms against us orour empioyees, agents, or management company. You must file any claim againzt us Individually, and you expressly wal ve your rlght to b�ing, represent, Joln or otherwise malntaln a class octlon, collecNve action or slmilar proceeding agalnst us in any forum. YOD UNDERSTANDTHAT. W�THOUTTHIS WAIVER.YOU COULD BE A PARTY IN A CLASS AC710N LAWSUIT. BY SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLA►MS DECIDED INDIVIDUALLY. THE PROVISIONS OF THIS PARAGRAPH SNALL SUH1/IVE THE TERMINATION OR EXPIRATION OF THIS LEASE. Force MaJeure. I(we are prevented from compieting substan- tlal performance of any obligatlon under thls Lease by occurrencesthatare beyond ourcontrol,including but not limited to, an act of God, strikes, epidemics, wa�, acts of terrortsm, riots, flood, fire, hurricane, torn ado, sabotage or governmental regulation, then we shall 6e excused from any further performance of obligations to the fullezt extent allowed by law. 32. Special P�ovisfons.The follow(ng, or attaclied Speclal Provislons and any addenda or Communfty Policies provided to you, are part ofthls Lease and supersede any conflicting provisions in this Lease. You are reciuired to report anv chancres in your households' student status immediately to manaqement. Assistance payment $ Before submitting a rental application or signing this Lease, you should review the documents and may consuit an attorney. You are bound by this leasewhen it Is signed. An etectronic signature is binding. This lease, including all addenda, is the entire agreement between you and us. You agree that you are NOT relying on any oralrepresentatlons. Resident or Resldents (all sign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Date signed Date signed Date signed Date signed Date signed Date signed Owneror Owner's Representattve (signfng on behalf of owner) ��ca o�i�izozsAT 197PMC5T A M&C Review CITY COUNCIL AGEND Create New From This M�C DATE: 8/12/2025 REFERENCE NO.: M&C 25-0676 LOG NAME: CODE: C TYPE: NON- PUBLIC CONSENT HEARING: Page 1 of 5 Offcial site of the City of Fort Worth, Texas FORT ��4'ORTF� �� 192025-2026 HUD ANNUAL ACTION PLAN 1'1� 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review Page 2 of 5 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\°/o 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\°/o) 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review Page 3 of 5 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\°/o 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 Housing Channel Meals-On-Wheels, Inc. of Tarrant County Guardianship Services Inc CONSOLIDATED PLAN GOAL Affordable Housing Healthy Living and Wellness Aging In Place United Community Centers, Inc Children and Youth Services Boys & Girls Club of Greater Children and Youth Tarrant County Services Girls Inc of Tarrant County Children and Youth Services Camp Fire First Texas Children and Youth Services Junior Achievement of the Children and Youth Chisholm Trail, Inc. Services The Women's Center of Tarrant Economic Empowerment County and Financial Resilience Easter Seals North Texas, Inc. Economic Empowerment and Financial Resilience PROGRAM Housing Counseling & Education Nutrition Program Money Smart+ Elder Financial Fraud Prevention Workshops IEducation Literacy Program IYouth Development at Eastside Branch IWhole Girl Program ITeens In Action ICradle to Career Initiative Employment Solutions Employment Services AMOUNT $111,000.00 $120,000.00 '�:� ��� �� $125,000.00 $72,000.00 $90,281.00 $62,184.00 $50,000.00 $90,000.00 $92,000.00 Homelessness Presbyterian Night Shelter Prevention and Special Moving Home Program $175,000.00 Needs Support ICDBG Public Services Agencies Total II$1,067,465.00I http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review **Rehabilitation, Education and Accessibility Advocacy for Citizens with Improvements Project Ramp Handicaps dba REACH, Inc. **Fort Worth Area Habitat for Housing Preservation and Humanity, Inc. DBA Trinity Rehabilitation Cowtown Brush Up Habitat for Humanity Page 4 of 5 $165,000.00 $500,000.00 �CDBG Subrecipient Agencies Total �� $665,000.00� ITOTAL CDBG CONTRACTS I�$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 pROGRAM GOAL Tarrant County Samaritan Housing, Inc. AIDS Outreach Center, Inc. Homelessness Prevention and Special Needs Support Homelessness Prevention and Special Needs Support �TOTAL HOPWA CONTRACTS Emergency Solutions Grants Contracts HOPWA Program - Administration, Tenant- Based Rental Assistance (TBRA), Short-Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services, Facility-Based Operations (FBO) The Housing Assistance Program - Administration, Tenant- Based Rental Assistance (TBRA), Short-Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services TABLE 3: ESG AGENCIES AGENCY CONSOLIDATED PLAN pROGAM GOAL The Presbyterian Night Homelessness Prevention and Shelter Shelter of Tarrant County, Special Needs Support Operations/Services Inc. Lighthouse for the Homelessness Prevention and Day Shelter Homeless dba True Worth Special Needs Support Operations/Services Place The Salvation Army Center for Transforming Lives Homelessness Prevention and Homelessness Special Needs Support Prevention Homelessness Prevention and Rapid Re-Housing Special Needs Support � AMOUNT $1,406,188.00 $264,680.00 $1,670,868.00� AMOUNT $139,491.00 $150,000.00 $127,141.00 $73,000.00 $80,000.00 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review SafeHaven of Tarrant Homelessness Prevention and Shelter County Special Needs Support Operations/Services �TOTAL ESG CONTRACTS All figures have been rounded to the nearest dollar for presentation purposes. Page 5 of 5 ��$569,632.00� 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 I Fund FROM Fund Department ID Department ID Account PriD ct I Program Activity Account Project � ID Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year Budget Year Dana Burghdoff (8018) Kacey Bess (8187) Juliet Moses (6203) Reference # Amount (Chartfield 2) Reference # Amount (Chartfield 2) http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: SAMUELS AVENUE L.P. dba PAVILION AT SAMUELS AVENUE Subject of the Agreement: Aggrement for additional 1 year term beginning DECEMBER 1, 2025 tc NOVEMBER 30, 2026, R6A7. TBRA rental assistance for HOPWA client. M&C Approved by the Council? * Yes ❑✓ No ❑ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑✓ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Client's name on the first page, pages 6,11 bottom of page Effective Date: 12/1/2025 Expiration Date: 11/30/2026 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.