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HomeMy WebLinkAbout057064-R4A5 - General - Contract - Hanratty Place, L.P.CSC No. 57064-R4A5 RENEWAL FOUR AND AM�NDMENT FIVE TO CITY OF FORT WORTH CONTRACT NO. 57064 This Conti•act Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and HANRATTY PLACE, L.P.("Landlord"), each individually referred to as a"Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on DECEMBER 1, 2021, the City entered into an agreement with the Landlord foi� rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 57064 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the Parties wish to reriew the Agreement for its Fourth Renewal Term and Fifth amendment of the Agreement to: (1) restructure Section 3.2.1 and 3.2.2 of the Agreement (Rent and Utilities) and incorpoi•ate rental obligations and utility assistance for the Fourth Renewal Teim and (2) incorporate Section 4.2.3 HUD Pt�ogram Year Funding to the Agreement. NOW THEREFORE, City and Landlord do hereby agree as follows: I RENEWAL OF AGREEMENT The Parties agree to renew this Agreement beginning on DECEMBER 1, 2025 and shall expire on NOVEMBER 30, 2026, ("Fourth Renewal Term") unless earliei• terminated in accordance with the terms of the Agreement. II AMENDMENTS TO AGREEMENT 1. Section 3.2.1 and 3.2.2of the Agreement are hereby deleted in their entirety and replaced with the following: 3. 2.1 Rent. Initial Term: • The City has been notifed that the Tenant' s Total Rent during the Initial Term is $689.00 per month for the Unit. • Tenant shall be responsible for $0.00 of rent per month. • City shall be responsible for $689.00 of rent per month. First Renewal Term: CSC No. 57064- Renewal Fourth and Amendment Five CoFW and HANRATTY PLAC� L.P.. �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 5 The City has been notified that the Tenant' s Total Rent during the First Renewal Term is $689.00 per month for the Unit. Tenant shall be responsible for $0.00 of rent per month. City shall be responsible for $689.00 of rent per month. Second Renewal Term: The City has been notified that the Tenant' s Total Rent during the Second Renewal Term is $1,000.00 per month for the Unit. Tenant shall be responsible for $0.00 of rent per month. City shall be responsible for $1,000.00 of i�ent per month. Third Renewal Term: • The City has been notified that the Tenant' s Total Rent during the Third Renewal Term is $1,025.00 per month for the Unit. • Tenant shall be responsible for $0.00 of rent per month. • City shall be responsible for $1,025.00 of rent per month. Fourth Renewal Term: • The City has been notified that the Tenant' s Total Rent during the Fourth Renewal Term is $1,075.00 per month for the Unit. • Tenant shall be responsible for $0.00 of rent per month. • City shall be responsible for $1,075.00 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 HC7D 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. 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Fourth Renewal Term, City will pay no more than $0.00 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. 2. Section 4.2 of the Agreement, Termination of Landlord Services Agreement, has been restructured to incorporate subsection 4.2.3, HUD Program Year Funding. Section 4.2.3 will read as follows: 4.2.3 HUD Pro�ram Year Fundin�. The City agrees to commit funding for rental assistance for a period of up to twelve (12) months, subject to the availability of funds allocated in the current program year's budget. The City shall not commit to providing rental assistance beyond this 12- month period unless and until additional funding is received from the U.S. Department of Housing CSC No. 57064- Renewal Fourth and Amendment Five Page 2 of 5 CoFW and HANRATTY PLACE L.P.. and Urban Development for the subsequent program year. In the event that future funding is not secut•ed, the City shall provide written notification to both the tenant and landlord at least ninety (90) days prior to the end of the contract term, advising them that rental assistance will not continue beyond the 12-month commitment. The City shall not be held liable fot� rental payments beyond the 12-month commitment and any lease agreements exceeding the 12-month term are entered into at their own rislc regarding the continuation of rental assistance. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURE PAGE FOLLOWS] CSC No. 57064- Renewal Fourtli and Amendment Five Page 3 of 5 CoFW and HANRATTY PLACE L.P.. IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective December 1, 2025. FOR CITY OT I'O T W TH: �ana �r�Yq�i�lo� Dana Burghdoff (Dec 23,'t02515:1$:�1 CST) Name: Dana Burghdoff Title: Assistant City Manager FOR LANDLORD: �����L� Deborah VJ�shinRton (Dec 17, 2025 12:52:29 CST) Name: Deborah Washington Title: Property Manager 12/23/2025 Date: 12/17/2025 Date: APPROVAL RECOMMENDED ��, a� Kacey Thomas (Dec 19, 2025 10:57:35 CST) Name: Kacey Thomas Title: Neighborhood Services Director APPROVED AS TO FORM AND LEGALITY Sopl�ie Matl�ewJ Name: Sophie Mathews Title: Assistant City Attoiney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ATTEST: p O� FORrIl��d o'�'° �9�d p!�8 .1C dVe o=F 4 ooa*ve oo*� C���f�A. !�1 � Adau aEop54ao I�'ame: Jannette Goodall Title: City Secretary Date: O1/02/2026 M&C No.: 25-0676 ��� � �i�Z�i�/ � Name: Cyndee Garza Title: Sr. Human Services Specialist t�FFIGIAL RECORD C�7 � i'�'� ��3:� � f_1:�'1 FT. WORTH, TX CSC No. 57064- Renewal Fourth and Amendment Five Page 4 of 5 CoFW and HANRATTY PLACE L.P.. Attachment A History of Rental Obligations by Lease Term Lease Term Initial Contract Total Rent $689.00 $689.00 $1,000.00 $1,025.00 $1,075.00 Tenant's Portion $0.00 $0.00 $0.00 $0.00 $0.00 First Renewal Second Renewal Third Renewal Fourth Renewal EXHIBIT A Copy of Lease Agreement City's Portion $689.00 $689.00 $1,000.00 $1,025.00 $1,075.00 CSC No. 57064- Renewal Fourth and Amendment Five Page 5 of 5 CoFW and HANRATTY PLACE L.P.. :J��.,���� i i�:s �.ti �i��iri �nt.�i� ��c,�x:i.��i un. TI iis Lease is valid onl y if fi!led out be%re January 1,1016. Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s1 as ifsted below and us. The terms "you"and "your" refer to all residentt. The terms "we," "us," and "our" refer to the owner listed below. PARTIES � Residents Owher Hanrattv Place Occupants None LEASE DETAfLS A. Apartment (Par. 2) 1 B.InitiaiLeaseTerm.Begins: 12/O1/2025 Endsat11:59p.m.on: 11/30/2026 C. Monthly Base Rent (Par. 3) ' S 1075.00 i D. Prorated Rent S � dueforthe�emainderofist month or O (or 2nd month E. Security Deposlt (Par.S) 5 Note that this amountdoes not lnclude anyAnlmal Deposit, whlch would 6e reflected !n an Anlmal Addendum. G. Late Fees (Par. 3.3) Initial Late Pee O % of one month's monthly base rent or ; �5 35.00 Due if rent unpaid by i 1:59 p.m. on the 5th F. Notice of Terminatlon or Intentto Move Out (Par.4) Aminimumof 30 days'wrlttennotfceof termination or fntent to move out required at end of initial Lease term or during renewal period lf the number of days isn't filied !n, notice ol ut leas� 30 days !s requlred. Daily Late Fee O %of one month's monthly base rent for days or O $ for _ days (3rd or greater) day of the month �N.ReturnedCheckorRejected 1.EarlyTerminationPeeOptioniPar.7.2) K.ViolationCharges Payment Fee (Par.3,4) 5 $ 35 . 00 Notice of days is required. Animal Violatlon (Par,12.2) Initial charge of $ 100 . 00 per animal (not Youarenoteilglbleforear(yterminattonlf toexceed$100peranimal)and I.Relettln Char e�Par.Z1) youareJndefault. 9 9 fee must be paid no later than A daily charge of $ 10 . 00 per animal � A reietting charge of S 913 . 75 days afteryou give us notice (not to exceed $10 per day per animal) ! (nottoexteed854'oofthehighest �fanyvaluesornum6ero(daysarebfankor'0," InsuranceVlolatlonlMasterLeaseAddendum �monthlyRentduringtheLeaseterm) fhenfhlssectiondoesnotapply. orotherse arateaddendum) may be charged in certain defauit S p situations L. Addidonai Rent -Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Spe<ial Provisions or an amendment to this Lease. Animalrent $ �.00 Cable/satellite $ Intemet $ Packageservice $ Pestcontrol $ Stormwater/dralnage S Trash service S Washer/�ryer 5 ` Other. 5 ' Other. S Other: 5 � Other. S �' M.UtflitiesandOtherVariabieCharges.Youwillpayseparatelyforgas,water,wastewater,ele<tdcity,trash/recycling,utilitybilling(eesandother Items as ouHined in separate addenda, Speclal Provisions or an amendment to this Lease. Utilfty Connectfon Charge orTra�ster Fee: 5 50 . 00 (not to exceed S50) to be paid within 5 days of written notice (Par.3.5) N. Other Charges and Requirements, You will pay separately for these items or comply with these requirements as outlined In a Master Lease : Addendum, separate addenda or Special Provisions. inidal Ac<ess Uevice: 5_________ � Additlonal or Replacement Access Devices: $ 5. 00 Required Insuronce LIablHty Llmit (pe� occurrence): 5______— � Special Provislons. See Par. 32 or additlonal addenda attached: 7his Lease cannot be changed unless in writing and signed by you and us. i i i � i � ., � Apartmenl Lease Conlract 62023, Texas Apartment Assocfation, Inc. Page I of 6 __ ��� �� � . .- ._ _ ..�.+��`F�._!t] � � . . .___.._<. � 7. Definitions. The following terms ar� ,nmonly used In this Lease: 1.1. "Rasldents" are those listed In "Resldents" above who slgn this Lease and are authorized to live in the apartment. 1.2. °Occupants" are those Iisted In this Lease who are aiso autho- rized to Iive in the apaftment, but who do not sign this Lease. 1.3. "Owner" may be fdentified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" in thls Lease mea�s'including but not limited to.' 1.5. "Community Policies" are the wrltten apartment rutes and policies, including property signage and i�structions for care of our property and amenities, with which you, your occupants, and your guests must comply. 7.6. "Rent" is monthly base rent pius additional monthly recurring fixed charges. 1.7. °Lease" includes this document, anyaddenda and attachments, Community Policies and Specia) Provisions. 2. Apartment. You are leasing the apartment Ilsted above for use as a private residence only. 2.7. Access. In accordance with thls Lease, you'll receive access Information or devices (or your apartment and mailbox, and other access devices including: 2.2. Measurements. Any dimensions and sizes provlded toyou relating to the apartment are only approximatlons or estimates; actual dfinensions and sizes mayvary. 2.3. Representations.Youagreethatdesignatlonsoraccredi- tations associated with the property are subject to change. Rent. You must pay your Rent on orbeiare the 7st day oleach month (due date) wlthout demand. There are no exceptlons regarding the payment ofRent, and you agree not paying Rent on orbefore the ist ofeach month Is amaterlaibreach ot thls Lease. 3.1. Payments. You will pay your Rent by any method, manner and place we specffy In accordance w(th this Lease. Cashls not accepto6le wlfhout ourprlorwdtten permisston. You cannot wlthhotd oroffset Rent uniess authorizeAbylaw. We may, at our optlon, require at any time that you pay Rent and other sums due in one si�gle payment by any method we spe<Ify. 3.2. Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subJect to government regulation, we may apply it at our optio� and without notice first to any of your unpaid obligatlons, then to accrued rent. We maydo so regardless of notations on checks or money orders and regardless of when the obligatio�s arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. 3.3, Lata Pees. If we don't recelve your monthly 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 initial and daily late fees if applicable, until we receive full payment in an acceptable method. 3.5. Utilitles and Servlces. You'll pay forall utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease.Television channels that are provided may be changed during the Lease term if the change applies to all residents. If your electricity is interrupted, you must use only battery- operated Iighting (no flames). You must not allow any utilities (other than cabie ot Internet) to be cut off or switched for any reaso�—including disconnec8on for not paying your bills—unt(I the L'ease term or renewal period ends. If a utility is individually metered, it must be connected in yo�r name and you must notify the provider of your move- out date. If you delay getUng servlce turned on in your name by this Lease's start date or cause it to be trensferred back into our name before you surrender or abandon the apartment, you'll be Ilable for the charge Ilsted above (not to exceed $50 per billing period), plus the actuai orestimated cost ofthe utilitles used while the udlity should have been bi�led to you. IFyourapartment is individually metered and you change your retail ele<tric p�ovider, you must gfve us written notice. You must pay all applicable provider fees, including any fees to change service backinto our name after you move out. 3.6. Lease Changes. Lease changes are only allowed during the lease term or renewa� period ff governed by Par.10, specified In Special Provislons in Par.32, or by a writte� addendum or amendment signed byyou and us. At or after the end ofthe Initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice contained in Box F on page 1 in writing from us to you. Yournew Lease, which may Include Increased Rent or Lease changes, wiil 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. Automatic Lease Renewal a 4otice otTerminatlon. This Lease will automatically renew month-to•month unless either party gives written notice of termination or intent to move out as required by Par. 25 and spec(fied on page i.1/the num6er ol days Isn7fipedln, no- tice ofatieast 30 days Is requlred. Security Deposit. The total securitydeposit for all residents is due on or before the date this Lease is signed. Any animal deposit wlll be designated In an animal adde�dum. Seturfty deposits may not be ap- plied to Rent without our prlor written consent. 5.7. Refunds and Deductions. You must aive us vour advance notice of move out as oravided bv Par.25 andtorwardina address in wrltina to �eceive awritten descrintion and itemized Ilst of charaes or refund. ln accordance wlth fhls [ease and as allowed 6ylaw, we may deduct from your securlty deposlt any amounta due underthlslease, Ifyou move out early orin resnonse to a noNte to vacate, oy u'll be Nnble lor rekeying d�araes. Upon receipt of your move-out date and forwarding address in writfng, the security deposit will be returned (less lawful deductions) with an itemized accaunting of any deductions, no later than 30 days aFter surrender or abandonment, un�ess laws provide otherwise. Any refund may be by one payment jofntly payable to all residents and distributed to any one resident we choose, or dfstributed equaily among all residents. Insurance.Ourinsurance doesn't coverthe loss oiordamage to your pe�sonal property, You wlll be required to have Ilability insur- ance as speclfied In this Lease unless otherwise prohibited by law. If you have fnsurence covering the apartment or your personal belong- ings at the tfine you or we suffer or allege a loss, you agree to require your Insurance carrier to waive any insurence subrogatfon rights. Even ff not required, we urge you to obtain your own Insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrenc- es. Most renters insuronce polictes don't cover losses due to a flood. Reletting and Early Lease Terminatlon. This Lease maynot be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (not to exceed 8596 of the highest monthly Rent during the Lease term) if you: (A) fa(I to move in, or fail 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; (C) move out at our demand because of your default; or (D) are Judiclally evicted. The reletting charge is not a terminatfon, cancellation or buyout fee and does not release you from your obligations under this Lease, Including liabllityforfuture or past-due Rent, charges for damages or other sums due. The reletting charge is a Nquldated amount covering only part of our damages—(or our time, effort, and expense in finding and processing a replacement resfdent. These damages are uncertaln and hard to ascertain—particularly those relating to Inconvenience, paperwork, advertising, showing apartments, utilities (or showing, checkfng pros- pects, overhead, marketing costs, and locator-service fees. You agree that the reletting charge Is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Option Procedure. �n addition to your termination rights referred to in 73 or 8.1 below, if this provision applfes under Lease Detafls, you may optto termfnate this Lease prlor to the end of the Lease term lfoll ol thelollowing occur: (a) as outlined in Lease Details, you give us written notice ofearlytermination, pay the EariyTermina- tion Optlon fee in full and specify the date by which you'll move ouh (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 received during the Lease term. If you are in defauit, the Lease remedies app�y. 7.3. SpeclalTerminationRlghts.Youmayhavetherightunder Texas lawto termfnate thls Leore emlyln certofnsltuations lnvofvtng mlNtory deployment ortrans/er, famlly vlolence, certuin sexual oHenses, stalking ordeath ofa sole resldent. 8. Delayo(Occupancy.Wearenotresponsibleforanydelayofyour occupancy caused by constructlon, repairs, cleaning, or a previous resident's holding over. Thfs Lease wfll remain in force subject to (1) abatement of Rent on a daily basis during delay, qnd (2) your right to terminate this Lease in writing as set forth below. Rent abatement and lease termination do not apply if the delay is for cleaning or re- pairs thatdon't prevent you from moving into theapartment. 8.1. Te►minatlon. If we give wrltten notice to you of a deiay in occupancy when or after this Lease 6egfns, you may termi- nate this Lease withi� 3 days after you receive wrltten notice. Ifwe give you written notice before the date this Lease begins and the notice states that a constructlon orotherdelay is expected and that the apartment wlll be ready for you to occupy on a specific date, you may terminate this Lease within 7 days after receivin9 written notice. Aher proper termination, you are entitled only to refund of any deposit(s) and any Nent you pald. Apartment lease Contract o20)3, Texas Apartment Assodatlon, lnc Page 2 af 6 9. Care of Unit and Damages. You m �omptly pay or reimburse us for loss, damage, consequential damages, government fines orcharg- es, or cost af repairs or service In the apartment community because of a Lease violation; improper use, ne9ligence, or otherconduct by you, your invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our ne911gence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inactlon. Uniess damage or wastewaterstoppage ls due to ournegiigence, we're notlla6le for—and you must paylor—�epalrs and replace- ments occurring during th e Lease teim oirenewal perlod, lnclud- Ing: (A) damage from wastewaterstoppages caused 6ylmproper abjectsln lines excluslvelyserving you►apartment; (B) damage to doors, wlndows, arscreens; and (C) damage Irom windows orAoors le(t open. �. -� i "' . � 10. CommunftyPolicies.CommunifyPoUcles6ecomepartofthls Lease andmust be followed. We may makechanges, including addi- tions, to ourwritten Community Policies, and those changes can be- come effective immedlately if the �ommunity Policles are distributed and applicable to all units in the apartment community and do not change the dollar amounts owed under this Lease. 10.1. Photo/V(deo Release. You g(ve us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating In anyevent sponsored by us. 10.2. Disclosure of Iniormation. At our sole option, we may, but are not obligated to, share and use informatfon related to this Leasefor law-enforcement, governmental, or business purposes. At our request, you authorize any utility providerto give us information about pending or actual connections or disconnections of utilfty service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our sole Judgment, have been vlolating the law, violating this Lease or our Community Polictes, or disturbing other resldents, nelghbors, visitors, or owner representatives. We may also exclude from any outside area orcommon area anyone who refuses to show photo Identification or refuses to identify himself or herseif as a resident, an authorized occupant, or a guest of a specific resident in the communfry. Anyone not listed in this Lease cannot stay in the apartment for more than __3 _ days in oneweek without our prior written consent, and no more than twi<e tiiat many days in any one month. If the previous space isn't filled in, 2 days total per weekwill be the limit. 10.4. Notice of Convictlons and Registration. You must notify us within 15 days if you or any of your occupants� (A) are convicted of any felony, (B} are convicted of any misdemeanor involving a controlled substance, violence to another person, or destructlon of property, or (C) reglster as a sex oHender. Informing us of a criminal conviction or sex-oHender registration doesn't waive any rights we may have against you. 10.5. Odors, Nolse and ConstrucNon. You agree that odors and smelis (including those related to cooking), everyday noises or sounds related to repalr, renovation, improvement, or construction in or around the property are all a normal part ofa multifamily living environment and that it Is Imprecticai for us to prevent them from penetratln9 your apartment. 11. Conduct. You agree to communlcate and conduct yourseif 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, your occupants or guests is a breach of this Lease. You must use customary diHgence in maintaining the apartment, keeping it in a sanitary condition and not damaging or Iittering the common areas. Trash must be disposed of at least weekiy. You will use your apartment and all otherareas, lncluding any balconles, with reasonable care. We may regulate the uze of passageways, patios, ba�conles, porches, and activities in common areas. 17.7. Prohibited Conduct. You, your occupants, and your guests wlll not engage In certain prohibited conduct, Including the following a[tivities: (a) triminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging In or threatening violence; possessing a weapon prohlbited by state �aw; discharging a firearm fn the apartment community; or, except whe� ailowed by law, displaying or possessing a gun, knife, orother weapon In the common area, or in a way that may alarm others; (b) behaving in a loud, obnoxfous or dangerous manner; (c) disturbingorthre. ,igtherights,comfort,health,safety, or convenience o(others, inciuding us, our aqents, or our representatives; (d) disrupting our business operotions; (e) storing anything in closets containing water heaters or gas appliances•, (f) tampering with utilities or telecommunfcation equipment; (g) bringing hazardous materlais Into the apartment community; (h) usingwindowsforentryorexit; (i) heating the apartment with gas-operated appliances; (J) making bad•fafth or fa�se allegations agalnst us or our agents to others; (k) smoking o(any kind, that is not in accordance with this Lease; (I) using glass containers in or near pools; or (m) conducting any kind of business (In<iuding chiid•care services) in your apartment or in the apartment community—except for any lawFul business conducted "at home' bycomputer, mail, or telephone if customers, clients, patients, employees orother busfness associates do not come to your apartment for business purposes. 72. Anlmais.Nollvingcreaturesofanyklndareallowed,eventempo- rarlly, anywhereln the opartment o� apartment community un- less we've given written permission. If we aliow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animai deposit and applicable fees and additional monthly rent, as applicabie. An animal deposit is considered a gener- aI security deposit. You represent that any requests, statements and representations you make, Including those for an aszistante or sup- port animal, are true, accurote and made in good (aith. feeding stray, /eral or wild animalz is a breach of thfs lease. 12.7. Removal of Unauthorized Animai. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Par.14. We may: keep or kennel the animai; turn the animai over to a humane society, local authority or rescue organizatlon; or return the anima) to you if we consent to your request to keep the animai and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be Ilable for loss, harm, sickness, or death of the animal unless due to our negligence. Yo� must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. IF you or any guest or occupant violates the animal restrictions of this Lease or our Community Policles, you'll be subJect to charges, damages, eviction, and other remedles provided In thls Lease, including animal violation charges Iisted in Lease Details from the date the animal was brought into your apartment until it Is removed. It an animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you far all cleaning and repair costs, inciuding defleaing, deodorizing, and shampooing. lnitial and daliy animal-viofation charges and animal-removal charges aie Nquidated damages for our time, inco�venlence, and overhead In enforcing animal restrlctions and Community Policles. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place oiparking of all motorized vehicles and other modes of transportation, induding bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehlcle owner or operator, any vehlcle that Is not in campliance with this lease. 14. When We May Enter. If you or any other resident, guest or occupant is present, then repalr or service persons, contractors, law o(ficers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times (or reasonable business purposes. If nobody Is in the apartment, then any such person may enter peace- fully and at reasonable tlmes (by breaking a window or other means when neceszary) (orreasonable business purposes ff written notice of the entry is feft in a conspicuous place in the apartment immediately after the entry. We are u�der �o obligation to enter onlywhenyou are present, and we may, but are not obligated to, give prior notice or make appointments. Apanment Lease Contract 02023, Texas Apartment Assodation, Inc Paqe 3 of 6 15. Requests, Repairs and Malfu�cti� 15.1. WrlttenRequestsRequired.1/youoranyoccupantneeds tosendarequest—/orexample, lorrepairs,lnsta/latlons, servfces, ownershlp olsdosure, orsecurity-re/ated matters— it must be wrltten and dellvered ta our designated representafive In accordance wlth fhls Lease (except for fair-housing accommodation or modification requests or situations involvfng imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress).Ourwritten notes regarding your oral request do not constitute a written �equest (rom you.Ow complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone reslding in your apartment constitutes a request from aii residents. The tlme, manner, mefhod and means of perlorming malntenance and repalrs, fncluding whetheror whlch vendors fo use, are wlthln oursole discretlon. 15.2. YourRequirementtoNotlty.Youmustpromptlynotifyusin writing of air conditioning or heating problems, water leaks or molsture, mold, electrical pioblems, malfunctloning Iights, broken or missing locks or latches, or any other condition that poses a hazard or threat to property, health, or satety. Unless we instruct otherwise, you are requlred to keep the apartment cooled or heated according to this Lease. Alr conditioning problems are normally not emergenciez. ti3. Utllitles. We may change or install utility Bnes or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malFunctlon or are damaged by fire, water, or similar cause, you must notify our representative immedfately. 15.4. Your Remedies. We'll act with customary diligence to make repatrs and reconnections wlthln a reasonable time, taking into consideration when casualtyInsurance proceeds are recelved. Unless requfred by statute after a casualty loss, or during equfpment repair, your Rent will not abate in whole or in part.'Reasonable time' accounts for the severity and nature of the problem and the reasonable avallabillty of materials, labor, and utilities. i/we/alltofimelyrepalraconditlonthat mater(ally aNects !he pbyslcalhealth or salet y of an ordlnary resldent as requlred 6y fhe Texas Propert y Code, you may be entitled to exerclse remedles under3 92.056 and492.0561 ottheTexasPropertyCode.lfyoufollow the procedures unde� those sectlons, the /oUow(ng ►emedles, among o thers, may be avallable to you: (1) terminafion of this Lease and an approp�iate re(und unCer 42.056(l); (2) have the condltlon repalred or remedied according to § 93.0561; (3J deduct lram the Rent fhe cast o/the repalr oi remedyaccorCing to 4 92.0561; and 4)Judic/al remedies according to 5 92.0563. 16. Ou► Right to Terminate tor Apartment Commu nity Damage or Closure. If, in our solejudgment, damages to the unit or building a�e significant or performance of needed repairs poses a danger to you, we may term(nate this Lease and your rlght to possesslon byglving you at leazt 7 days' written notice. If termination occurs, you agree we'll re(und only proreted rent and all deposits, minus lawful deduc- tions. We may remove and dispose ofyour personal property If, in our solejudgment, it causes a health or sa(ety hazard or impedes our abllity to make repalrs. 7exas Property Code secs. 9. 97. f53, and 92,154 requlre, wl th some excepf lons, that we provide at no tost to yo u when otcupancy beglns: (A) a windowlatch on each window; (B) a doorvlewerfpeep- hole or wlndow) on each exterlordoor, (f) a pin lock on each sliding door, (D) elther a door-handle latch or a security bar on each sliding door,� (E) a keyless 6olting devlce (deadbolt) on each exter(ordoor,• and (F) eithera keyed doorkno6 fock or a keyed deadbolt lock on one entrydoor. Keyed locks wlll be rekeyed a(ter the priorres(4ent moves out. 7he rekeying wlll be done elther before you move In or wl fhin 7 days aRer you move !n, as requlred by law. ll we lall to ln- stal! orrekeysecurity dev(ces ns requlied by law, you have the ►lght to do so and Ceduct the reasonable cost from yournext Rentpay- ment under Texas Property Code sec. 92.165(t). We may deactivafe ornot install keyless bolting dev)ces on yourdoo�s 1/(AJ you oran occupantln the dwe►Iing ls over55 ordlsa6led, and (B) the require- menfs of Texas Property Co de sec. 92.153(e) or /f) a�e satisfied, 78.7. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may Install additional detectors not so required. We'll test them and provide working batteiies when you first take possession of your apartment. Upon request, we'll prov(de, as requlred by law, a smoke alarm capable of alerting a person with a hearing impafrment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. It you damage ordlsa6le the smoke alarm or remove a battery without repfacing It wlth a working battery, you may be!labfe to us under Texas Pioperty Code sec. 92, 2611 for S 100 plus one month'sRen� actuaidamages,andottorney's(ees. 18.2. Duty to Report.You must Immedlately report to us any missing, mal(unctioning or defective securf[y devices, smoke alarms or detectors. You'll be Ilable if you fail to report malfu�ctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resldent5atetyandLoss.Unlessotherwiserequiredby/aw,none o/us, our employees, ogents, or mnnagement companies ore Ila61e to you, yourguests oraccupants /oranydamage, personallnJury, loss topersonal property, orloss o/6usiness orpersonallncome, /rom ony cause, lncluding but nof limited to: negligenf or intention- al acts oiresldents, occupants, orguesfs; theh, burglary, ossault vandallsm or other crimes; fire, !lood, waterleaks, rafn, hall, lte, snow, smoke, Ilghtning, wind, exploslons, interruptlon o/uNlltles, plpe►eaks m ofheraccurrences unless such damage, fnJury orloss k causedexclus(vely 6y ourneg►lgence. We do not wanant security of any klnd. You agree that you will not rely upon any secwity measures taken by us for persona� security, and that you will call 911 and local Iaw enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guestz or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no securitydevices or measures on the property are fail-safe. You further acknowledge that, even If an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intruzion alarm wlll be charged to you, inciuding, but not limited to, any false alarms with police/fire/ambulance response or other required city charges. 20. Conditlon o(the Premises and Aiterations. 16.1. PropertyClosure.Wealsohavetheiighttoterminate 20•1• this Lease and your right to possession by giving you at least 30 days' written notice of termination if we are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domaln proteeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rentor license all or any part oFyour apartment to anyone eise unless other- wise agreed to in advance by us i� writing. You agree that you won't accept anything of value from anyone eise for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short•term rental website or with any person or ser- vice that advert(ses dwelli�gs for rent. 18. Seturity and Safety Devices. We'll uavfor missina securitv de- v_ices that are reauired bv law. You'll nav for: (A1 rekeying that vou reauest lunless wg(�iled to rekev after the previous resl- dent moved auH: and IBI reoairs ar reolacements because of @j�{{�e or damaae bv vou or vour /amllyyouur occunants, or vour es You must pay immediately after the work is done unless state law authorizes advance payment. You must aiso pay in advance for any additional or changed security devices you request. 20.2. As-Is. We dlsdalm alllmplled warranties. You accept the apartment, fixtures, and furniture as is, except For conditions materially affecting the health or safety of ordfnary pe�sons. You'll be given an Inventory and Conditlon Form at or 6efore move•in. You agree that after completion of the (orm ar within 4B hours after move-in, whichever comes first, you must note on the form all defects or damage, sign the form, return It to us, and the form accurately re(lects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be in a ctean, safe, and good working <ondition. You must still zend a separate request forany repairs needed as provided by Par.15.1. Staadards and Improvements. Unless authorized by (aw oi by us In writing, you must not perform any repairs, pafnting, wallpapering, carpeting, electrical changes, or otherwlse alter our property. No holes or stickers are allowed Inslde or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and In grooves of wood-paneled walis. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, <ameras, two-way talk device, video or other door- Apanment Lease Conlroct C+2023, Texas Apartment AssoUallon, Inc. Page 4 of 6 bells, or lock changes, addit, �r rekeying is permitted unless required by law or we've consented In writing. You may Install a satellite dish or antenna, but only if you sign our satellite dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appllances, furniture, telephone and television wiring, screens, locks, or security devices. When yo� move in, we'il supply light bulbs for fixtures we furnish, in- cluding exterior fixtures opereted from Inside the apartment after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours uniess we agree otherwlse in writing. 27. Notices. Written notice to or (rom our empioyees, agents, or management companfes constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notfce to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documents wiii be In English and, at our option, in anyother language that you read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with this Lease, electronic notice Irom you to us must be sent to the emall address and/or portal specified in thfs Lease. Notice may aiso be given by phone cail or to a physical address if allowed in this Lease. You represent that you have provided your cwrent email address to us, and thatyou wlll notify us in the event your email address changes. �` k.'-_ . � - V i i � - �.- c `!n}?��.i,: � _ . . i��i fi��T�ur:�ac��a�n�.,._.,_ _ ., �.l 22. Lfability. Each resident is jointiy and severaliy liable for all Lease obligations. IFyou or any guest or occupant violates this Lease or our Community Policies, all residents are considered to have vioiated this Lease. 22.1. Indemnification byYou.You7ldefend,Indemnilyandhoidus and ouremployees, agents, and managementcompany harmless from alllla6i►ity adsing 6om your conduct or requests to ourrepresenfatives and /rom the conduct ol or requests 6y yourJnvitees, occupants orguesfs. 23. DefaultbyResident. Z3.1. Acts of Default. You'll be i� detault if� (A) you don't timely pay Rent, Including monthly recurrin9 charges, or other amounts you owe; (B) you or any guest or occupant vlolates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conv(ction ocwrs; (C) you give incorrect, incomplete, or false answers fn a renta) application or in this Lease; or (D) you or any occupant is charged, detained, convicted, orgiven deferred adjudication or pretrlal diversion for (1) an offense involving actual or potential physfcal harm to a person, or involv(ng the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalla as defined in the Texas Controlled Substances Act, or (2) any sex- refated crime, including a misdemeanor. 23.2. Eviction.1/youdelault,lncludingholdingover,wemay end yourrlght ofoccupancy byglving you at least a 14- hour written notice to vacate. Termination of your possessian rights doesn't release you from Ilability for future Rent or other Lease obligatlons. A/ter glving notice to vacate or filinganevictionsult wemaysNllacceptRentorothe► sums due; the fiUng oracceptance doesn't waive or diminlsh ourrlght ofevlctton oranyothercontractuaior statutory rlght. Accepting money at any t(me doesn't waive aur right to damages, to past or future Rent or other sums, or to our continuing with evfctfon proceedings. in an evictlon, Rent is owed for the full rental period and will not be prorated. 233. Acceteration. Unless we elect not to accelerate Rent, all monthly Rent for the rest of the Lease term or renewal perlod will be accelerated automatically without not(ce ordemand (before orafter acceleretion) and wiii be immediately due if, without oui written 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 �enewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent wili also be accelerated ifyou'reJudicfally evicted or move out when we demand because you've defaulted. Ifyoudon'tpaythefii nth'sRentwhenorbeforethislease begins, all future Rent for the Lease term will be automatically accelerated without notice and become immedlately due. We aiso may end yourright of occupancy and recover damages, future Rent, attorney's fees, court costs, and other fawful charges. 23,4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contalned in: (1) 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.lf a holdoveroccurs, then you'll be Ilable to us for all Rent for the (ull term of the prevfously sfgned 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 toyou or your apartment while you continue to hold over. 23.5. Other Remedfes. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you wlll pay us, In addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may iecover attorney's fees in connectfon with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided byTexas Flnance Code Section 304.003(c) from the due date. You mus[ pay all collection- agency fees if you fail to pay sums due within 10 days after you are malled 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 liable for a charge (not to exceed 5150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's Fees and expenses, court costs, and filing fees actually paid. 24. Reprezentattves' Authority and Waivers. 0urrepresentatives (!n- cluding management personnel, empioyees, and agents) have no authorlty to wplve, amend, ortermfnate thls Lease oranypart oflt un/essln writing and signed, and no authoritytomake promises, rep- resentatlons, oragreementsthatlmposesecurltydudesorotherob- ligations on us or our representatives, unless In w�iNng anAsigned. No action or omisslon by us wiil be considered a waiverof our rights or of anysubsequentviolation, default ortime or placeof performance.0ur cholce to enforce, not en/orceordelayen/orcement olw�itten•no- tfce requirements, rental due dates, acceleratlon, llens, or anyother rlghtsTsnYa walverunderany clrcumstances. Delay(n demanding sums you owe is not a waiver. Except when notice or demand is required by law, you waive any notice and demand for performance from us if you defaulC Nothing In this Lease constitutes a waiver of our remedies for a breach underyour prior lease that occurred before the Lease tertn begins. Yourlease is subordinate to existing and future recorded mortgages, un- Iess the owner's lender chooses otherwise. Ail remedies are cumulative. Exercising 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 Ilable for any of our <ontractuai, statutory, or other obliga- tions merely byvirtue of acting on our behalf. � S.Aw"�. ut �.':'i� �..�,�.�.SiL�..a����ry�����R rl! f ....44 .'� .L.,r�:sl�} ,a.. . _ x��Y�5�J"e.�.i�$� .:..t, i'�� 25. Move-OutNotice. Be%remov(ngout,youmustglveou�represen- taNve advance wrltten move-outnoNte as stateAln Par. 4, even 1/ fhls Lease has become a month-to-month lease. The move-out date can't be <hanged unless we and you both agree in writing. Yourmove•out no!lcemust comp(ywlth each of the foltowing: (a) Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move-out �otice must not terminate this lease before the end of the Lease term or renewal period. (c) If we requlre you to give us more than 30 days' written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move-out notice. If we fail to give a reminder notice, 30 days' written noticeto move out is required. (d) Youmustgetfromusawrittenacknowledgmentofyour notice. 26. Move-Out Procedures. 26.1. Cleaning.Youmustthoroughlycleantheapartment,including doors, windows, furniture, bathrooms, kitchen appliances, patfos, balconles, garages, carports, and storage rooms. You must follow move-out clean(ng instructions if they have bee� provided. lf you don't clean adequately, you'll be liable for reasonable cleaning charges—Including charges for cleaning carpets, draperies, furnituie, walis, etc. that are soiled beyond Aparlment Lease Contract 92013, Texas Apartment AuoclaUon, inc. Page S of 6 normal wear (that is, wear o• �g that occurs without negligence, carelessness, ac. ,�, or abuse). Z6.2. Move•Out tnspectlon. We may, but are not obligated to, provide a joint move•out inspection. Our representatives have no authority to bind or Ilmit us regardin9 deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi• 31.2. fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move•out date has paszed and no one is 1(ving in the apartment In our reasonable)udgmenh, or(B) apartme�t keys and ac- cess devlces listed in Par.2.1 have been turned in to us—whichever happens first. You have a6andoned the apartmentwhen all of the following have occurred:(A)everyone appearsto have moved outin ourreasonable judgmenh, (B) you've been in default tor nonpayment of Rent for 5 consecutive days, or water, gas, or electric servfce for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice lett on the inside of the main 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. TheEndingofYourRights.5urrender,abandonment,or judicial eviction ends your right of possession for all purposes and gives us the fmmedlate right to clean up, make repairs in, and relet the apartment; determine any security-deposit deductions; and remove or store property lek In the apartment. 27.2. Removal and Storage of Property. We, or law officers, may— but have no duty to—remove ot store all property that In our solejudgment belongs to you and remains In the apartment or In common areas i�ncluding any vehicles you or any o<cupant or guest owns or uses) afteryou'rejudiciaily evicted or if you surrender or abandon the apartment. We ►e not 1la61e lorcasuaity, loss, damage, or theft. You must pay �easonable charges for our packing, removing and storing any property. Except for animals, we may throwawayor give to a charitable organizatfon all personal property that is: (t) left in the apartment after surrender or abandonment or (2) leh outside more than 1 hour afterwrit of possession is executed, following Jud(cial eviction. An animal removed a(ter surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. } L,t ''_ .:� 'Cd��I�:L'19:I: �1�1�f(�]��G�_1V�b.iC�Pl�i�l'T`�r . ""�+';:.. � 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas ApartmentAssociation and the affi�fated local apartment assoclation Ior the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable byus (except for property damaget); and (8) we may not recover past or future rent or other charges. The above remedies also apply if both of the foilowing occur: (1) this Leaze is automaticaily renewed on a month•to•month basiz morethan once after membership in TAA and the local associatfon has lapsed; and (2) neither the owner nor the man- agement company Is a member of TAA and the local associatlan during the third automatic renewal. A signed affidavit from the affiliated local apartment assoclation attesting to nonmembershlp when this Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may use TAA forms if TAA agrees in writing. Name, address and telephone number of locator service (if appiicable): 29. Severablllty and Survivabiilty.lf any provision of this Lease is invai- id or unenforceable under appiicable law, it won't invalidate the re- mainderof this Lease or change the intent of the parties. Paragraphs 10.1,10.2, 76, 22.1, 27, 3o and 31 shall survive the termination of thls Lease. This Lease binds s�bsequent owners. 30. Controlling Law. Texas law governs this Lease. All Iitigatlon a�ising under this Lease and all Lease obligations must be brought in the county, and precinct If applicable, where the apartment is located. 31. Waivers. By signing th(s Lease, you agree to the following: 31.1. Class Action Waiver. You agree that you will not participate in any clazs action claims against us or our employees, agents, or management company. You must file any cialm against us individually, and you expressty watve yaurright to 6ring, rep�e:ent,/oln orotherw/se matntain a class act(on, collecttve actlan or slmlla► proceeding agalnsf us In any /orum. YODUNDERS7AND' WITHOUTTHISWAtVER,YOU COULD BE A PARTY �. :LA55 ACTION LAWSUIT. BY SIGNING THIS LEASE. YOU ACCE PT THIS WAIVER AND CHOOSE TO HAVE ANY fLA1MS DECIDED INDIVIDUALLY. THE PROVISIONSOFTHISPARAGRAPH SHAIL SURVIVE THE TERMINATION OR EXPINATION OF THIS LEASE. Force MaJeure. if we are prevented from completing substan- tial per(ormance o( any obligation under this lease by occurrences that are beyond ourcontrol, lntluding but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulatlon, then we shall be excused from any further performance of obligations to the (ullestextent allowed by law. 32. Special Provislons, The following, or attached Specia) Provisions and any addenda orfommunity Policies provided to you, are part of this Lease and supersede any confllcting provisions in this Lease. Risk fees are non-refundable. If unit rent is $1000+, then risk fee is $800. If unit rent is <$1000, then risk fee is $600. Transfez fees are $150. 9efore submltting a rental appiication or signing this Lease, you shouid review the documents and may consult an attorney. You are bound bythis Lease when it Is signed. An electronic signature is binding.This Lease, tncluding all addenda, is the entire agreement between you and us. You agree that you are NOT relying on any orairepresentatlons. Residenf eidenT (allsignb ! w) �/ �- (Name of Resident) � Date sfgned (Name of Resident� (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resldent) Date signed Date signed Date signed Date signed Date slgned Owner r w, r; Repr�t� (signing o be of owne 1- /w /� � Apartment lease Contract, TM Offidal5tatewlde Po�m 23•A/8-I /8-2 Pevlsed October 2021 Page 6 of 6 CITY COUNCIL AGENDA Create New From This M8C DATE: 8/12/2025 REFERENCE NO.: M&C 25-0676 LOG NAME: CODE: C TYPE: NON- PUBLIC CONSENT HEARING: O�cial site of the Ciry of fort Worth, Texas FORT �'4'ORT11 _�._ 192025-2026 H U D ANNUAL ACTION PLAN 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 Deve�opment from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Coilection 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: 2. 3. 4. 7. 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; 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; 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; 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; 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; 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 Authorize a waiver of the Neighborhood Services Department indirect cost of 21.05\%, estimated total of $264,698.00. f�7I+'�t1���+�L�1`� 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 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: tncludes 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 tncome -$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\°/a) will be sold to low to moderate income households at or below 80\°/a 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 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\°/o 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 aliocation) 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\°/o 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 AGENCY Housing Channel Meals-On-Wheels, Inc. of Tarrant County TABLE 1: CDBG AGENCIES IICONSOLGOAL D PLAN I pROGRAM IlAffordable Housing IHousing Counseling & Education IlHealthy Living and INutrition Program Wellness Guardianship Services Inc. Aging In Place IUnited Community Centers, InclChildren and Youth Services IBoys & Girls Club of Greater IlChildren and Youth Tarrant County Services IGirls Inc of Tarrant County IlChildren and Youth Services ICamp Fire First Texas I Children and Youth Services IJunior Achievement of the IlChildren and Youth Chisholm Trail, Inc. Services IThe Women's Center of TarrantllEconomic Empowerment County and Financial Resilience IEaster Seals North Texas, Inc. I Economic Empowerment and Financial Resilience Money Smart+ Elder Financial Fraud Prevention Workshops (Education Literacy Program IYouth Development at �astside Branch IWhole Girl Program ITeens In Action ICradle to Career Initiative Employment Solutions �mployment Services AMOUNT $111,000.00 $120,000.00 $80,000.00 $125,000.00 $72,000.00 $90,281.00I $62,184.00I $50,00O.00I � $90,00O.00I � $92,00O.00I � Homelessness Presbyterian Night Shelter Prevention and Special Moving Home Program $175,000.00 Needs Support ICDBG Public Services Agencies Total I$1,067,465.00� **Rehabilitation, Education and Accessibility Advocacy for Citizens with Project Ramp Handicaps dba REACH, Inc. �mprovements **Fort Worth Area Habitat for Housing Preservation and Humanity, Inc. DBA Trinity Rehabilitation Cowtown Brush Up Habitat for Humanity �CDBG Subrecipient Agencies Total �TOTAL CDBG CONTRACTS $165,000.00 $500,000.00 �� $665,000.00� I�$1,732,465.00I '`*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 Tarrant County Samaritan Housing, Inc. AIDS Outreach Center, Inc. CONSOLIDATED PLAN GOAL Homelessness Prevention and Special Needs Support Homelessness Prevention and Special Needs Support TOTAL HOPWA CONTRACTS Emergency Solutions Grants Contracts PROGRAM 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 I CONSOLGOAL D PLAN II pROGAM 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 IThe Salvation Army ICenter for Transforming Lives � Homelessness Prevention and Homelessness Special Needs Support IPrevention Homelessness Prevention and IlRapid Re-Housing Special Needs Support �� AMOUNT $1,406,188.00 $264,680.00 $1,670,868.00� IIAMOUNT $139,491.00 $150,000.00 II$127,141.00 I$73,000.00� II $80,00O.00I SafeHaven of Tarrant Homelessness Prevention and Shelter County IlSpecial Needs Support �IOperations/Services �TOTAL ESG CONTRACTS 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. II � ��$569,632.00� TO (Fund Department Account Project Program Activity Budget Reference # Amount I ID I I ID ( I Year I(Chartfield 2) I FROM Fund Department Account Project I ID I I ID Submitted for Citv Manaqer's Office bv: Program I Activity I Budget I Reference # Year (Chartfield 2) Dana Burghdoff (8018) Amount ( � Oriqinatinq Department Head: Additional Information Contact: Kacey Bess (8187) Juliet Moses (6203) ATTACHMENTS F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: HANRATTY PLACE L.P. Subject of the Agreement: Aggrement for additional 1 year term beginning DECEMBER 1, 2025 tc NOVEMBER 30, 2026, R4A5. 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 following pages of contract, PG 3, 8, 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. 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