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HomeMy WebLinkAboutContract 32750 r CITY SECRETARY CONTRACT NO. INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and CASBURN, STILES & COMPANY,INC. STATE OF TEXAS § COUNTY OF TARRANT § This Interim Shelter Agreement ("Agreement") is entered into by the City of Fort Worth, Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, Joe Paniagua, whose address is 1000 Throckmorton, Fort Worth, Texas 76102 and Casburn, Stiles & Company, Inc. ("Owner"), whose address is 1589 Kelly Road, Aledo, Texas 76008, acting by and through Bruce Casburn, its duly authorized President. (Sometimes City and Owner are referred to individually as a"Party" and collectively as the"Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Gulf Coast and the City of New Orleans, Louisiana as a result of the wide spread devastation and flooding following Hurricane Katrina's landfall in southern Louisiana, Mississippi and Alabama. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to providing interim shelter for those evacuees (hereinafter referred to as tenant or tenants) that City determines to place in Owner and to provide assistance for tenants under the Katrina interim shelter program ("Program"). NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as follows: ARTICLE II LEASE OF HOUSING UNITS (a) This Agreement applies to the Housing Units specified in the attached Exhibit "A" ("Housing Units" whether one or more single family one to four dwellings). �p • � y7L� y7s�+ INTERIM SHELTER AGREEMENT Page 1 (b) The lease form for the Housing Units shall be the Texas Apartment Association Lease Contract or such other lease contract as approved by the City. The lease contract used by Owner is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all references in this Agreement to the Lease Contract, shall include the "Tenancy Addendum," attached as Exhibit "E." Owner shall attach the Tenancy Addendum to all Lease Contracts prior to the execution of the Lease Contract by Owner and tenant. (c) City has approved leasing of the Housing Units subject to a determination by the City of Fort Worth Housing Department inspections that the Housing Units meet City of Fort Worth Housing Department Minimum Acceptable Standards("MAS"). (d) Owner will lease the Housing Units only to tenants approved for placement by City under the Program, unless notified in writing by City that a Housing Unit is no longer needed for the Program. (e) The initial term of the Lease Contract is three (3) months, with three (3) additional options to renew for terms of three (3) months each, unless earlier terminated as hereinafter provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract executed by tenant and Owner for the renewal period. A tenant may terminate the Lease Contract with at least 30 days written notice to Owner, said notice to end on the last day of the calendar month. (f) Owner certifies that: (1) Owner and the tenant will enter into a lease in the same form as the Lease Contract. (2) The Lease Contract is consistent with Federal, state and local law. (g) Owner is responsible for screening the tenant's behavior or suitability for tenancy. City is not responsible for such screening. City has no liability or responsibility to Owner or other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City acknowledges that Owner may require tenant to sign a rental application and disclose certain background information, including criminal information, at the same time the tenant is allowed to take occupancy of the Housing Unit. If Owner discovers that a tenant has submitted false information on the rental application or that tenant's criminal history is unacceptable according to Owner's customary standards for tenants in unassisted units, Owner may give the tenant one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior lease shall not be grounds for eviction. Owner shall notify City promptly of the issuance of any notice to vacate and eviction of any tenant in any Housing Unit. (h) Owner shall treat tenants under this Agreement in accordance with Owner's customary practices and policies towards all of its other tenants. ARTICLE III MAINTENANCE,UTILITIES AND OTHER SERVICES (a) Owner must maintain all Housing Units and the building or complex in which the Housing Unit is located, including common areas and grounds ("Premises") in accordance with the MAS. INTERIM SHELTER AGREEMENT Page 2 Revised 9/1 /05 (b) Owner must provide all utilities needed to comply with the MAS unless City has agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit "C." (c) If Owner does not maintain the Housing Units and the Premises in accordance with the MAS, City may exercise any available remedies as set forth in this Agreement. City may not exercise such remedies against Owner because of an MAS breach for which the tenant is responsible, and which is not caused by Owner. (d) City or its agents may inspect the Housing Units and the Premises at such times as City determines necessary,to ensure that all Housing Units are in accordance with the MAS. (e) City must notify Owner of any MAS defects shown by the inspection. (f) Owner must provide all housing services as agreed to in the Lease Contract. ARTICLE IV TERM OF AGREEMENT (a) The term of this Agreement begins on the date of countersignature by City, and terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract entered into pursuant to this Agreement, whichever come first. (b) Termination During Initial Term of Lease Contracts. If Owner breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Housing Unit, City may terminate this Agreement as to any Housing Unit or as to all Housing Units, in its sole discretion. Prior to termination of this Agreement, City may give Owner opportunity to cure said breach as set forth in Article VIII(b). (c) Termination During Any Renewal Term of Lease Contracts. During any renewal term of any Lease Contract executed by Owner and tenant under this Program for any of the Housing Units, this Agreement may terminate as follows: 1. The Agreement terminates automatically as to each Lease Contract that is terminated by Owner or the tenant. 2. City may terminate Program assistance for a tenant for any grounds authorized in accordance with U.S. Department of Housing and Urban Development ("HUD") or FEMA requirements upon written notice to Owner. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Housing Unit, the Agreement terminates automatically as to that Lease Contract. Owner must notify City in writing of the vacancy as soon as Owner knows of it. 4. City may terminate the Agreement if City determines, in accordance with FEMA and/or HUDrequirements, that available Program funding is not sufficient to support continued assistance for tenants in the Program. 5. City may terminate the Agreement as to any Housing Unit if City determines that the Housing Unit in question does not provide adequate space in accordance with the MAS because of an increase in tenant's family size or a change in tenant's family composition. INTERIM SHELTER AGREEMENT Page 3 Revised 91/15105 6. If the composition of the tenant's family residing in the Housing Unit changes, City may terminate the Agreement as to that Housing Unit, or may continue Program payments on behalf of tenant's family members who remain in the Housing Unit. 7. City may terminate the Agreement as to that Housing Unit if City determines that the Housing Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Owner has otherwise breached the Agreement. (d) If City or a tenant terminates a Lease Contract under this Agreement during the initial three (3) month term for any reason not Owner's responsibility, City shall pay Owner Rent, as hereinafter defined, on the Housing Unit for the remainder of the initial term, minus any days for which Rent has already been paid. (e) If for any reason Program assistance is terminated, Owner shall have the right to terminate this Agreement and/or tenant's right to possession of any Housing Unit not being paid for by City. ARTICLE V RENT (a) All rent rates are as outlined in the attached Exhibit "B" ("Rent"). (b) City must determine whether the Rent to Owner is reasonable in comparison to rent for other comparable unassisted units. To make this determination, City must consider: 1. The location, quality, size, unit type, and age of the Housing Units; and 2. Any amenities, housing services, maintenance and utilities provided and paid by Owner. (c) During the Agreement term, the Rent may not exceed rent charged by Owner for comparable unassisted units in the Premises. Owner must promptly give City any information requested by City on rents charged by Owner for other units in the Premises or elsewhere. ARTICLE VI CITY PAYMENT TO OWNER (a) Program Payments 1. City has allocated no money under this Agreement to make Program payments to Owner. City will pay Rent pursuant to invoices issued to City by Owner for Lease Contracts for all Housing Units covered by this Agreement. Owner will take all necessary steps to become a vendor for the City and will issue an invoice to City once a month no later than the twenty-fifth day of that month for the total amount of Rent due for all Housing Units covered by this Agreement for the next month, and City will make Program payments to Owner in accordance with Article VI(a)2. 2. During the term of the Agreement, City shall make monthly Program payments to Owner on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an invoice from Owner. 3. Except as provided in Article W(d) of this Agreement, Program payments shall only be paid to Owner while a tenant is residing in a Housing Unit during the term of the 73, Ilrt't. INTERIM SHELTER AGREEMENT Page 4 9/1 /OS �, i� Agreement, and City shall not pay a Program payment to Owner for any month after the month when the tenant moves out. (b) Unless Owner has complied with all provisions of the Agreement, Owner does not have a right to receive Program payments under the Agreement. (c) The Program payments shall be credited against the monthly Rent to Owner for the Housing Unit. (d) Limit of CITY responsibility. 1. City is only responsible for Program payments to Owner in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Owner in excess of the Program payment. City shall not pay any other claim by Owner against the tenant. 3. City shall be liable to Owner for damages by tenant in an amount up to but no more than $300.00, which Owner shall accept as liquidated damages from City. Owner may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (e) If City determines that it has paid Owner more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Owner. (f) Owner Certification During the term of this Agreement, Owner certifies that: 1. Owner is maintaining the Housing Units and Premises in accordance with the MAS. 2. Housing Units are leased to the tenants under a Lease Contract in the form attached hereto, and said Lease Contract is in accordance with the Agreement and Program requirements. Owner has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Owner, Owner has not received and will not receive any payments or other consideration (from the tenant, City, HUD, or any other public or private source) for lease of any Housing Unit during the Agreement term, or if Owner does receive any such payments or other consideration, Owner shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Housing Unit. 5. Owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the tenant's family, unless City has determined (and has notified Owner and the tenant's family of such determination) that approving lease of the Housing Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. INTERIM SHELTER AGREEMENT Page 5 Revised 9/15/05 ARTICLE VII PROHIBITION OF DISCRIMINATION (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Owner shall not discriminate against any person because of race, color, religion, sex, national origin, familial status, disability, or sexual orientation in connection with the Agreement. (b) Owner must cooperate with City, and its agents, in conducting equal opportunity compliance reviews and complaint investigations in connection with the Agreement. ARTICLE VIII OWNER'S BREACH OF AGREEMENT (a) Any of the following actions by Owner, including a principal, owner, agent, or other interested party, is a breach of the Agreement by Owner: 1. If Owner has violated any obligation under the Agreement, including Owner's obligation to maintain all Housing Units in accordance with the MAS; or 2. If Owner has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal Program; or 3. For projects with mortgages insured by HUD or loans made by HUD, if Owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the Regulatory Agreement; or if Owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan; or 4. If Owner has engaged in any drug-related criminal activity or any violent criminal activity. (b) If City determines that a breach has occurred, City may exercise any of its rights and remedies under the Agreement, or any other available rights and remedies for such breach. City shall notify Owner of such determination, including a brief statement of the reasons for the determination. The notice by City to Owner may require Owner to take corrective action, as verified or determined by City, by a deadline prescribed in the notice. If a defect is life threatening, Owner must correct the defect within no more than 24 hours. For other breaches or defects, Owner must correct the breach or defect within the period specified by City, which period shall be reasonable under all of the circumstances. (c) If Owner fails to cure any breach by the deadline prescribed in the notice to Owner, City's rights and remedies for Owner's breach of the Agreement include recovery of overpayments, suspension of Program payments, abatement or other reduction of Program payments, termination of Program payments, and termination of the Agreement. (d) City may seek and obtain additional relief by judicial order or action, including specific performance, other injunctive relief or order for damages. (e) Regardless whether tenants continue to live in any Housing Unit, City may exercise any rights and remedies for Owner breach of the Agreement. (f) City's exercise or non-exercise of any right or remedy for Owner breach of the Agreement is not a waiver of the right to exercise that or any other right or remedy at any time. INTERIM SHELTER AGREEMENT Page 6 Revised 9/15/05 ARTICLE IX CITY ACCESS TO PREMISES AND OWNER'S RECORDS (a) Owner must provide any information pertinent to the Agreement that City may reasonably require. (b) City, and its agents shall have full and free access to all Housing Units and the Premises, and to all accounts and other records of Owner that are relevant to the Agreement, including the right to examine or audit the records and to make copies. (c) Owner must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and must provide any information or assistance needed to access the records. (d) Owner shall retain all records pertaining to this Agreement and the Lease Contract for four (4) years following the termination of this Agreement. Owner may destroy said records at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain between City and FEMA regarding the Program payments. ARTICLE X EXCLUSION OF THIRD PARTY RIGHTS (a) A tenant is not a party to or third party beneficiary of this Agreement. The tenant may not enforce any provision of this Agreement, and may not exercise any right or remedy against Owner or City under this Agreement. (b) City may enforce the Lease Contract against Owner, and may exercise any right or remedy against Owner under the Lease Contract. Owner and the tenant may enforce the terms of the Lease Contract against each other according to its terms. (c) City does not assume any responsibility for injury to, or any liability to, any person injured as a result of Owner's action or failure to act in connection with management of any Housing Unit or the Premises or with implementation of the Agreement, or as a result of any other action or failure to act by Owner. (d) Owner is not the agent of City, and the Agreement does not create or affect any relationship between City and any lender to Owner or any suppliers, employees, contractors or subcontractors used by Owner in connection with management of the Housing Units or the Premises or with implementation of the Agreement. ARTICLE XI PROHIBITION AGAINST INTEREST (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Owner is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the provisions to be performed hereunder. INTERIM SHELTER AGREEMENT Page 7 Revised 9/15/05 (b) No member, officer, or employee of Owner shall have a financial interest, direct or indirect, in this Agreement or the Rent or Program payments transferred hereunder or be financially interested, directly or indirectly, in the sale to Owner of any land, materials, supplies or services purchased with any Rent or Program payments transferred hereunder, except on behalf of Owner, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Owner shall render this Agreement voidable by City. ARTICLE XII ASSIGNMENT OF AGREEMENT (a) Owner may not assign the Agreement without the prior written consent of City. (b) City may assign this Agreement to FEMA or HUD or any other state or federal agency without consent of Owner. ARTICLE XIII WRITTEN NOTICES All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Agreement or at such other address as the receiving Party designates by proper notice to the sending Party. ARTICLE XIV ENTIRE AGREEMENT; INTERPRETATION The Agreement contains the entire agreement between Owner and City. ARTICLE XV MISCELLANEOUS PROVISIONS (a) Owner shall provide all reasonably necessary documentation requested by City to obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt of City's request. (b) Owner waives all security deposits, applications fees, employment and credit checks for tenants under this Agreement; however, Owner may require a tenant to provide information regarding tenant's criminal background history if Owner customarily performs such checks. (c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter program change during the term of this Agreement, Owner and City shall amend this Agreement to conform with such changes. Owner may terminate this Agreement at no cost to City if it does not consent to the amendment. (d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal - or state agency, board or commission having Jurisdiction over the subject matter thereof, such �n INTERIM SHELTER AGREEMENT Page 8 Revised 9 invalidity shall not affect other provisions which can be given effect without the invalid provision. (e) City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. (f) Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Agreement,venue for action shall lie in Tarrant County, Texas. (g) This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be approved by each Party. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies, on the date or dates indicated below. [SIGNATURES APPEAR ON FOLLOWING PAGE] INTERIM SHELTER AGREEMENT Page 9 Revise 9/1.5/05 ATTEST: CITY OF F R RTH By: Q�tMW Hendrix, City Secretary Joe Pis u Isistant City Manager Date: ILI APPROVED AS TO FORM AND LEGALITY: !�r�c Assistant City Attorney OWNER NO M&C UQUIRED CASBURN, STILES & COMPANY, INC. By: Name: Bruce Casburn Title: President Date: 1. g INTERIM SHELTER AGREEMENT Page 10 Revised 9/15/05 EXHIBIT "A" HOUSING UNITS The Housing Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Four Bedroom Housing Units (insert addresses below): 5233 Fallworth, Fort Worth, Texas 76133 �i5"J�J?a:i EXHIBIT "B" RENT During the Agreement term, the rent to Owner may at no time exceed the Fair Market Rent as set forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution of this Agreement, as follows: (1) $558.00 for a zero bedroom unit; (2) $597.00 for a one bedroom unit, (2) $732.00 for a two bedroom unit, or (3) $995.00 for a three bedroom unit. (4) $1,125.00 for a four bedroom unit. The Housing schedule above is for an unfurnished one to four single family dwelling. The rent for this four bedroom unit shall be $1,050.00 EXHIBIT "C" UTILITIES AND APPLIANCES Owner shall provide or pay for the utilities and appliances indicated below by an "O." City shall provide or pay for the utilities and appliances indicated below by a "C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Owner shall pay for all utilities and appliances provided by Owner. Item Specify fuel type Provided by aid Heating G Natural gas G Bottle gas G Electric C C Cooking G Natural gas G Bottle gas G Electric C C Water Heating G Natural gas G Bottle gas G Electric C C Other Electric C C Water C C Sewer C C Trash Collection C C Air Conditioning O C Refrigerator O O Washer T T Dryer T T Central Heat& A/C and its quarterly maintenance(exchange filters,etc.) O O Stove/Range O O Regular Lawn Maintenance T T Other(specify) EXHIBIT "D" LEASE CONTRACT OWNER WILL USE STANDARD TAR RESIDENTIAL LEASE EXHIBIT "E" TENANCY ADDENDUM I. KATRINA Interim Shelter Program a. Owner is leasing the unit ("Housing Unit') 4. Rent to Owner as described in the lease to which this a. The initial rent to Owner may not exceed the addendum is attached ("Lease Contract") to amount approved by City in accordance with the tenant for occupancy by the tenant's Program requirements. family with funding for a tenancy under the b. Changes in the rent for any Housing Unit Katrina interim shelter program ("Program") shall be determined by the provisions of the of the City of Fort Worth,Texas("City"). Lease Contract. However, Owner may not b. Owner has entered into an Interim Shelter raise the rent during the initial term or any Agreement ("Agreement") with City for the renewal term of the Lease Contract. Program. Under the Agreement, City will make Program payments to Owner to assist 5. Tenant Payment to Owner the tenant in leasing the Housing Unit from a. Each month, City will make a Program Owner. payment to Owner on behalf of tenant in accordance with the Agreement. The 2. Lease monthly Program payment shall be applied a. Owner will give City a copy of the executed to the monthly rent to Owner for the Lease Contract, including any revisions Housing Unit. agreed by Owner and the tenant. Owner c. The tenant is not responsible for paying the certifies that the terms of the Lease Contract portion of rent to Owner covered by City are in accordance with all provisions of the Program payment under the Agreement Agreement and that the Lease Contract between Owner and City. An uncured includes this tenancy addendum. failure by City to pay the Program payment b. The tenant and Owner shall have the right to to Owner is ground for Owner to terminate enforce this Tenancy Addendum against the the tenancy for nonpayment of City Program other party. If there is any conflict between payment, however, tenant shall not be the Tenancy Addendum and any other obligated for any rent deficiency. provisions of the Lease Contract, the d. Owner may not charge or accept, from the language of the Tenancy Addendum shall tenant or from any other source, any control. payment for rent of the Housing Unit in addition to the rent amount set forth in the 3. Use of Housing Unit Lease Contract. Rent to Owner includes all a. During the Lease Contract term, the tenant housing services, maintenance, utilities and will reside in the Housing Unit with appliances to be provided and paid by Program payments from City. Owner in accordance with the Lease b. The composition of the tenant's household Contract. must be approved by City. The tenant must promptly inform City of the birth, adoption or court-awarded custody of a child by 6. Other Fees and Charges tenant or any person residing in tenant's a. Rent to Owner does not include cost of any Housing Unit. Other persons may not be meals or supportive services or furniture added to the household without prior written which may be provided by Owner. approval of Owner and City. b. Owner may not require the tenant or tenant's c. The Housing Unit may only be used for family members to pay charges for any residence by the tenant's family. The unit meals or supportive services or furniture (if must be the family of tenant's only any), which are to be provided by Owner residence. Members of the household may pursuant to the Lease Contract. Nonpayment engage in legal profitmaking activities to the of any such charges is not grounds for extent permitted in the Lease Contract. termination of tenancy. d. The tenant may not sublease or let the unit. c. Owner may not charge the tenant extra e. The tenant may not assign the Lease amounts for items customarily included in Contract or transfer the unit. rent to Owner in the locality, or provided at no additional cost to unsubsidized tenants in if any member of the tenant's the premises. household, a guest or another person under a tenant's or resident's control 7. Maintenance, Utilities, and Other commits any of the following types of Services criminal activity: a. Maintenance (a) Any criminal activity that (1) Owner must maintain the unit and threatens the health or safety premises in accordance with the MAS of, or the right to peaceful (as defined in the Agreement). enjoyment of the premises by, (2) Maintenance and replacement other residents (including (including redecoration) must be in property management staff accordance with the standard practice residing on the premises); for the building concerned as (b) Any criminal activity that established by Owner. threatens the health or safety b. Utilities and appliances of, or the right to peaceful (1) Owner must provide all utilities enjoyment of their residences needed to comply with the MAS. by, persons residing in the (2) Owner is not responsible for a breach immediate vicinity of the of the MAS caused by the failure to: premises; (a) Pay for any utilities that are to (c) Any violent criminal activity be paid by City. on or near the premises; or (b) Provide and maintain any (d) Any drug-related criminal appliances that are to be activity on or near the provided by or on behalf of the premises. tenant. (2) Owner may terminate the tenancy (3) Tenant damage. Owner is not during the term of the Lease Contract responsible for a breach of the MAS if any member of the household is: because of damages beyond normal (a) Fleeing to avoid prosecution, wear and tear caused by any member or custody or confinement of the household or by a guest. after conviction, for a crime, or (4) Housing services. Owner must attempt to commit a crime,that provide all housing services as agreed is a felony under the laws of to in the Lease Contract. the place from which the individual flees; or 8. Termination of Tenancy by Owner (b) Violating a condition of a. Requirements. Owner may only terminate probation or parole under the tenancy in accordance with the Lease Federal or State law. Contract and FEMA or HUD requirements. (3) Owner may terminate the tenancy for b. Grounds. During the term of the Lease criminal activity by a household Contract (the initial term of the Lease member of tenant's Housing Unit in Contract or any extension term), Owner may accordance with this section if Owner only terminate the tenancy because of: determines that the household (1) Serious or repeated violation of the member has committed the criminal Lease Contract; activity, regardless of whether the (2) Violation of Federal, State, or local household member has been arrested law that imposes obligations on the or convicted for such activity. tenant in connection with the (4) Owner may terminate the tenancy occupancy or use of the unit and the during the term of the Lease Contract premises; if any member of the household has (3) Criminal activity or alcohol abuse (as engaged in abuse of alcohol that provided in paragraph c); or threatens the health, safety or right to (4) Other good cause (as provided in peaceful enjoyment of the premises paragraph d). by other residents. c. Criminal activity or alcohol abuse. d. Other good cause for termination of (1) Owner may terminate the tenancy tenancy. After the initial Lease Contract during the term of the Lease Contract term, such good cause incl nl ,T (a) The tenant's failure to accept origin, familial status or disability in connection Owner's offer of a new Lease with the Lease Contract. Contract or revision; (b) Owner's desire to use the unit 14. Conflict with Other Provisions of Lease for personal or family use or Contract for a purpose other than use as a. The terms of the Tenancy Addendum are a residential Housing unit;or prescribed by City as a condition for (c) A business or economic reason assistance to the tenant and tenant's family for termination of the tenancy under the Program. (such as sale of the property, b. In case of any conflict between the renovation of the unit, Owner's provisions of the Tenancy Addendum as desire to rent the unit for a required by City,and any other provisions of higher rent). the Lease Contract or any other agreement e. Eviction by court action. Owner may only between Owner and the tenant, the evict the tenant by a court action. requirements of this Tenancy Addendum f. Owner notice of grounds shall control. (1) At or before the beginning of a court c. In case of any conflict between the action to evict the tenant, Owner must provisions of the Agreement and the give the tenant a notice that specifies Tenancy Addendum or Lease Contract, the the grounds for termination of Agreement shall control. tenancy. The notice may be included in or combined with any Owner 15. Changes in Lease Contract or Rent eviction notice. a. The tenant and Owner may not make any (2) Owner must give City a copy of any change in the Tenancy Addendum. Owner eviction notice at the same However, if the tenant and Owner agree to time Owner notifies the tenant. any other changes in the Lease Contract, (3) Eviction notice means a notice to such changes must be in writing, and Owner vacate, or a complaint or other initial must immediately give City a copy of such pleading used to begin an eviction changes. The Lease Contract, including any action under State or local law. changes, must be in accordance with the requirements of the Tenancy Addendum. 9. Lease: Relation to Agreement b. In the following cases, tenant-based If the Agreement terminates for any reason, the assistance shall not be continued unless City Lease Contract terminates automatically. has approved a new tenancy in accordance with Program requirements: 10. City Termination of Assistance (1) If there are any changes in Lease City may terminate Program assistance for the Contract requirements governing tenant for any grounds authorized in accordance tenant or Owner responsibilities for with the Agreement requirements. If City utilities or appliances; or terminates Program assistance for the tenant (2) If there are any changes in Lease and/or tenant's family, the Lease Contract Contract provisions governing the terminates automatically. term of the Lease Contract. c. City approval of the tenancy, and execution 11. Tenant Move Out of a new Agreement, are not required for The tenant must notify City and Owner before agreed changes in the Lease Contract other the occupants move out of the Housing Unit. than as specified in paragraph b. d. Owner must notify City of any changes in 12. Security Deposit the amount of the rent to Owner at least 35 Owner may NOT collect a security deposit from days before any such changes go into effect, the tenant. and the amount of the rent to Owner following any such agreed change may not 13. Prohibition of Discrimination exceed the reasonable rent for the unit as In accordance with applicable equal opportunity most recently determined or redetermined statutes, Executive Orders, and regulations, by City in accordance with HUD Owner must not discriminate against any person requirements. because of race, color, religion, sex, national 16. Notices Any notice under the Lease Contract by the tenant to Owner or by Owner to the tenant must be in writing. TENANT(S) OWNER V19