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HomeMy WebLinkAboutContract 32379 __'rE-_-TARYQ n l f i NO. INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and CAMDEN PROPERTY TRUST dba CAMDEN TERRACE 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 CAMDEN PROPERTY TRUST dba CAMPDEN TERRACE, ("Apartment"), whose address is 8900 Randol Mill Road, Fort Worth,Texas 76120, acting by and through Kim Black, its duly authorized Managing Agent. (Sometimes City and Apartment 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 Apartment 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 RENTAL UNITS HOUSING ASSISTANCE PAYMENT AGREEMENT Page 1 Revised 9/15/05 (a) This Agreement applies to the Rental Units specified in the attached Exhibit "A" ("Rental Units"). (b) The lease form for the Rental Units shall be the Texas Apartment Association Lease Contract or such other lease contract as approved by the City. The lease contract used by Apartment 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." Apartment shall attach the Tenancy Addendum to all Lease Contracts prior to the execution of the Lease Contract by Apartment and tenant. (c) City has approved leasing of the Rental Units subject to a determination by the City of Fort Worth Housing Department inspections that the Rental Units meet City of Fort Worth Housing Department Minimum Acceptable Standards("MAS"). (d) Apartment will lease the Rental Units only to tenants approved for placement by City under the Program, unless notified in writing by City that a Rental 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 Apartment for the renewal period. A tenant may terminate the Lease Contract with 30 days written notice to Apartment. (f) Apartment certifies that: (1) Apartment 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) Apartment 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 Apartment or other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City acknowledges that Apartment 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 Rental Unit. If Apartment discovers that a tenant has submitted false information on the rental application or that tenant's criminal history is unacceptable according to Apartment's customary standards for lessees in unassisted units, Apartment 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. Apartment shall notify City promptly of the issuance of any notice to vacate and eviction of any tenant in any Rental Unit. (h) Apartment shall treat tenants under this Agreement in accordance with Apartment's customary practices and policies towards all of its other tenants. ARTICLE III MAINTENANCE,UTILITIES AND OTHER SERVICES (a) Apartment must maintain all Rental Units and the building or complex in which the Rental Unit is located, including common areas and grounds ("Premises") in accordance with the MAS. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 Revised 9/15/05 (b) Apartment 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 Apartment does not maintain the Rental 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 Apartment because of an MAS breach for which the tenant is responsible, and that is not caused by Apartment. (d) City or its agents may inspect the Rental Units and the Premises at such times as City determines necessary, to ensure that all Rental Units are in accordance with the MAS. (e) City must notify Apartment of any MAS defects shown by the inspection. (f) Apartment 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 Apartment breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Rental Unit, City may terminate this Agreement as to any Rental Unit or as to all Rental Units, in its sole discretion. Prior to termination of this Agreement, City may give Apartment 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 Apartment and tenant under this Program for any of the Rental Units,this Agreement may terminate as follows: 1. The Agreement terminates automatically as to each Lease Contract that is terminated by Apartment 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 Apartment. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to that Lease Contract. Apartment must notify City in writing of the vacancy as soon as Apartment 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 Rental Unit if City determines that the Rental 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 HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 Revised 9/15/05 family composition. 6. If the composition of the tenant's family residing in the Rental Unit changes, City may terminate the Agreement as to that Rental Unit, or may continue Program payments on behalf of tenant's family members who remain in the Rental Unit. 7. City may terminate the Agreement as to that Rental Unit if City determines that the Rental Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Apartment 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 Apartment's responsibility, City shall pay Apartment Rent, as hereinafter defined, on the Rental 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, Apartment shall have the right to terminate this Agreement and/or tenant's right to possession of any Rental 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 Apartment 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 Rental Units; and 2. Any amenities, housing services, maintenance and utilities provided and paid by Apartment. (c) During the Agreement term, the Rent may not exceed rent charged by Apartment for comparable unassisted units in the Premises. Apartment must promptly give City any information requested by City on rents charged by Apartment for other units in the Premises or elsewhere. ARTICLE VI CITY PAYMENT TO APARTMENT (a) Program Payments 1. City has allocated no money under this Agreement to make Program payments to Apartment. City will pay Rent pursuant to invoices issued to City by Apartment for Lease Contracts for all Rental Units covered by this Agreement. Apartment 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 Rental Units covered by this Agreement for the next month, and City will make Program payments to Apartment in accordance with Article VI(a)2. 2. During the term of the Agreement, City shall make monthly Program payments to Apartment on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an invoice from Apartment. 3. Except as provided in Article IV(d) of this Agreement, Program payments shall only be paid to Apartment while a tenant is residing in a Rental Unit during the term of the Agreement, and City shall not pay a Program payment to Apartment for any month after the HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Revised 9/15/05 month when the tenant moves out. (b) Unless Apartment has complied with all provisions of the Agreement, Apartment does not have a right to receive Program payments under the Agreement. (c) Rent shall not be prorated for a partial month and Apartment shall provide Rental Units to tenants for a partial month without assessing Rent. (d) The Program payments shall be credited against the monthly Rent to Apartment for the Rental Unit. (e) Limit of CITY responsibility. 1. City is only responsible for Program payments to Apartment in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Apartment in excess of the Program payment. City shall not pay any other claim by Apartment against the tenant. 3. City shall be liable to Apartment for damages by tenant in an amount up to but no more than $300.00, which Apartment shall accept as liquidated damages from City. Apartment may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (f) If City determines that it has paid Apartment more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Apartment. (g) Apartment Certification During the term of this Agreement, Apartment certifies that: 1. Apartment is maintaining the Rental Units and Premises in accordance with the MAS. 2. Rental 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. Apartment has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Apartment, Apartment 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 Rental Unit during the Agreement term, or if Apartment does receive any such payments or other consideration, Apartment shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Rental Unit. 5. Apartment (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 Apartment and the tenant's family of such determination) that approving lease of the Rental Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. ARTICLE VII PROHIBITION OF DISCRIMINATION HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 Revised 9/15/05 (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Apartment 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) Apartment must cooperate with City, and its agents, in conducting equal opportunity compliance reviews and complaint investigations in connection with the Agreement. ARTICLE VIII APARTMENT'S BREACH OF AGREEMENT (a) Any of the following actions by Apartment, including a principal, owner, agent, or other interested party, is a breach of the Agreement by Apartment: 1. If Apartment has violated any obligation under the Agreement, including Apartment's obligation to maintain all Rental Units in accordance with the MAS; or 2. If Apartment has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal Program program; or 3. For projects with mortgages insured by HUD or loans made by HUD, if Apartment 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 Apartment has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan; or 4. If Apartment 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 Apartment of such determination, including a brief statement of the reasons for the determination. The notice by City to Apartment may require Apartment to take corrective action, as verified or determined by City, by a deadline prescribed in the notice. If a defect is life threatening, Apartment must correct the defect within no more than 24 hours. For other breaches or defects, Apartment must correct the breach or defect within the period specified by City, which period shall be reasonable under all of the circumstances. (c) If Apartment fails to cure any breach by the deadline prescribed in the notice to Apartment, City's rights and remedies for Apartment'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 Rental Unit, City may exercise any rights and remedies for Apartment breach of the Agreement. (f) City's exercise or non-exercise of any right or remedy for Apartment breach of the Agreement is not a waiver of the right to exercise that or any other right or remedy at any time. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05 ARTICLE IX CITY ACCESS TO PREMISES AND APARTMENT'S RECORDS (a) Apartment 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 Rental Units and the Premises, and to all accounts and other records of Apartment that are relevant to the Agreement, including the right to examine or audit the records and to make copies. (c) Apartment 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) Apartment shall retain all records pertaining to this Agreement and the Lease Contract for four (4) years following the termination of this Agreement. Apartment 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 Apartment or City under this Agreement. (b) City may enforce the Lease Contract against Apartment, and may exercise any right or remedy against Apartment under the Lease Contract. Apartment 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 Apartment's action or failure to act in connection with management of any Rental Unit or the Premises or with implementation of the Agreement, or as a result of any other action or failure to act by Apartment. (d) Apartment is not the agent of City, and the Agreement does not create or affect any relationship between City and any lender to Apartment or any suppliers, employees, contractors or subcontractors used by Apartment in connection with management of the Rental 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 Apartment 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. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 Revised 9/15/05 (b) No member, officer, or employee of Apartment 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 Apartment of any land, materials, supplies or services purchased with any Rent or Program payments transferred hereunder, except on behalf of Apartment, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Apartment shall render this Agreement voidable by City. ARTICLE XII ASSIGNMENT OF AGREEMENT (a) Apartment 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 Apartment. 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 Apartment and City. ARTICLE XV MISCELLANEOUS PROVISIONS (a) Apartment 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) Apartment waives all security deposits, applications fees, employment and credit checks for tenants under this Agreement; however, Apartment may require a tenant to provide information regarding tenant's criminal background history if Apartment 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, Apartment and City shall amend this Agreement to conform with such changes. Apartment 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 HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/05 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] HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05 �n ATTEST: CITY OF FORT WORTH Y \ By: GL�L --CAI Marty Hendrix,Vity Secreta Joe Paniagua, ssiistant ity Manager Aklos D ate: � APPROVED AS TO FORM AND LEG ITY: Assistant City Attorney APARTMENT 1. CAMDEN PROPERTY TRUST dba NO "C REQUIRED CAMDEN TERRACE Name: Kim Black Title: Managiag,Agent Date: D HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Revised 9/15/05 EXHIBIT "A" RENTAL UNITS The Rental Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Zero Bedroom Rental Units (insert addresses below): One Bedroom Rental Units (insert addresses below): Poq AlexiS Ave- #53 990 Adl'ima-tive J�--qR 8$0q J3i kos P1 -14-7 5 I ;,o Yl lexis fl ve- X170 Iao5 Susarx Lrn tflao ?26� N1KOS P1 # f�1(n > ���f' ��'11�•�zl I;Ot(,� von 41eki (��� k �'�a ✓ J Two Bedroom Rental Units (insert addresses below): 19M pilexi5 Five -41� — Fgo0 Nikon PI # 12 MN Three Bedroom Rental Units (insert addresses below): Based on the consideration given to Apartment by City in the form of Rent for all above- listed Rental Units, Apartment shall provide to City an additional space and shall not assess rent to City for the additional space. This space shall be used for the purposes of City's Interim Shelter Coordinator or site coordinator for meetings with tenants and providing other services to tenants.n Description of additional space: lab 8ot.tsj- EXHIBIT "A" RENTAL UNITS The Rental Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Zero Bedroom Rental Units (insert addresses below) One Bedroom Rental Units (insert addresses below Two Bedroom Rental Units (,insert addresses below Three Bedroom Rental Units (insert addresses below Based on the consideration given to Apartment by City in the form of Rent for all above- listed Rental Units, Apartment shall provide to City an additional space and shall not assess rent to City for the additional space. This space shall be used for the purposes of City's Interim Shelter Coordinator or site coordinator for meetings with tenants and providing other services to tenants. Description of additional space: Club House EXHIBIT "B" RENT During the Agreement term, the rent to Apartment 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 apartment; (2) $597.00 for a one bedroom apartment, (2) $732.00 for a two bedroom apartment, or (3) $995.00 for a three bedroom apartment. The rental schedule above is for an unfurnished apartment. EXHIBIT "C" UTILITIES AND APPLIANCES Apartment shall provide or pay for the utilities and appliances indicated below by an "A." 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, Apartment shall pay for all utilities and appliances provided by Apartment. Item Specify fuel type Provided by aid by Heating G Natural gas G Bottle gas G Electric T T Cooking G Natural gas G Bottle gas G Electric T T Water Heating G Natural gas G Bottle gas G Electric T T Other Electric T T Water T T Sewer T T Trash Collection T T Air Conditioning T T Refrigerator A A Range/Microwave A A Other(specify) EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY APARTMENT WITH TENANTS SHALL BE ATTACHED] 0 7- Apartment Rental Contract For The Camden Terrace Apartment Community(the"Community") Apartment Address(the"Apartment Home") Contract Date Contract Teri 1305 Alexis Ave Apt 332 09/26/2005 Beginning:September 28,2005 Fort Worth,TX 76120-3833 Ending:December 27,2005 subject to notice provisions) Monthly Rent Prorated Rent Non-Refundable Amenity Non-Refundable $597.00 $59.70 Fee Administrative Fee $0.00 $0.00 (Check as applicable) Prepared By: Carla Bays Ll Security Deposit $0.00 fJ Non-Refundable Surety Bond to be Paid to Surety Company $87.50 Keys: Utilities and Services. The following items are included in 2 keys to the Apartment Home. the Total Monthly Rent identified above,if checked: 2 keys to the community's mail facilities. [I water I electricity f I cable tv i I wastewater I I master openers for entrance gate. antenna I I gas .I trash I 1 other 1 keys for Pedestrian Gate. 1 carport,unit no. I t garage,unit no. I storage,unit no. Special Provisions(including any rent concessions): Hurricane Katrina:Rent&Utilities to be paid by the City of Fort Worth;This is a 3 mo.lease with the option to renew up to Sept.27,2006.Electric&water$100.00 monthly.LA Criminal Check delayed,if felony, lease is terminated. RESIDENT NAME(S): OCCUPANT(S): Mark Matranga None Unless otherwise indicated,capitalized terms used in this document shall refer to those terms identified above. This Apartment Rental Contract(this"Lease", which term shall include this document, the State Addendum attached to this document and all other applicable addenda referred to in this document or executed by the Resident identified herein)is made and entered into on, by and between the Owner of the Community(the"Owner")by and through Camden Development,Inc.,as Owner's managing agent only and not as principal,and the Residents identified on page I ("Resident",whether one or more)upon the terns and conditions stated herein. If there is more than one Resident,all persons identified on page I as Residents are jointly and severally liable for all payments and other obligations under this Lease.This document and the State Addendum should be read carefully. For and in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties,the parties agree as follows: 1. Delivery ol'Apartment flome. Resident acknowledges that Owner's ability to provide the Apartment Home in a timely fashion will depend upon the availability of the Apartment Home and that, even though the previous resident residing in the Apartment Home may be scheduled to move out,such resident may not move out in a timely fashion. If actual commencement of occupancy of the Apartment Home is delayed,either by construction,repair,make ready,or holdover by a prior resident,Owner shall not be liable for damages by reason of such delay,but the Rent will be abated per diem,and pro-rata,during the period of delay.Such delay will not affect any of the other terms of this Lease.If Resident doesn't move in once the Apartment Home is ready,Owner may sue for damages incurred by Owner(including attorneys' fees associated with the collection of such damages including attorneys' fee in any court action in which Owner prevails)and Resident may forfeit any deposits or monies of Resident in possession of Owner. All moving vans,trucks or other activity relating to moving into or out of the Community must begin no earlier than 8:00 a.m.and end no later than 9:00 p.m. Resident shall be responsible to Owner for any damages to the Apartment Home or the Community caused by Resident,other occupants or their respective guests or invitees(including movers),whether caused during move-in,during the tern of this Lease or during move-out. A Move-In Inventory/Condition Form will be provided to Resident at the time that Resident moves into the Apartment Home. Unless otherwise provided by applicable law,Resident agrees that unless Resident notifies Owner within 48 hours after Resident begins occupancy of the Apartment Home of any problems with the Apartment Home or furniture, furnishings, equipment or appliances, if any, the Apartment Home and all furniture, furnishings, equipment or appliances, if any, contained in the Apartment Home will be deemed to be acceptable and in good condition. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND SUBJECT TO THE PROVISIONS OF THIS LEASE, OWNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES.WHETHER EXPRESS OR IMPLIED RELATING TO THE APARTMENT HOME + OR ANY FURNITURE FURNISHINGS EQUIPMENT OR APPLIANCES, IF ANY, IN THE APARTMENT HOME INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE MERCHANTABILITY HABITABILITY OR SUITABILITY. Owner's Agent Initials_ 1 Resident's Initials- C)Camden,2004. Revised August 2004. 2. Term. Subject to the provisions of this Lease, the initial term of this Lease shall commence on the Beginning date identified on page I and end on the Ending date identified on page 1. Provided,however,unless prohibited by applicable law,a 60 day written notice is required by either party to terminate this Lease at its stated expiration date. To the extent allowed by applicable law,if notice of termination is not given at least 60 days prior to the stated expiration date,this Lease will automatically renew on a month-to-month basis until either party gives at least 30 days prior written notice to the other;in which case,this Lease shall terminate 30 days from the date indicated in the notice or such later date designated in the notice(whether or not the 30th day falls at the end of the month;if the termination date is not at the end of the month,Monthly Rent shall be prorated accordingly). Resident's Initials 3. Rent and Charees. a. Rent and Other Monthly Payments. Unless otherwise instructed in writing by Owner, upon the execution of this Lease, Resident shall pay, in addition to the Non-Refundable Administrative Fee, if any, and the Non-Refundable Amenity Fee, if any,the Prorated Rent,identified on page I covering the period through the first date that the Monthly Rent is to be paid. Beginning with the first day of the next calendar month after the period covered by the Prorated Rent and continuing throughout the term of this Lease,Resident shall pay the Monthly Rent identified on page 1 each month in advance and without any demand,deduction or offset whatsoever on or before the first day of each month with no grace period. All Monthly Rent shall be paid at the on-site manager's office or at such other place specified by Owner. Resident shall not pay Rent with cash. Unless otherwise specified by Owner,all Rent payments must be made by check,cashier's check or money order payable to Owner. All Monthly Rent must be paid by one check, not multiple checks. Unless otherwise approved by Owner in writing,partial payment of Rent is not acceptable at any time;all payments must be made in full to include all amounts due. Post-data or third-party checks will not be accepted. Payments made to the office will not be held at 1he request of anyone;all payments made to the office will be directly deposited. Unless otherwise provided by applicable law, Resident's obligation to pay Rent and other charges is an independent covenant and not conditional upon the performance by Owner of Owner's responsibilities under this Lease. b. Late Payments and NSF Fees.(See attached State Addendrurr for provisions). C. Application of Payments; Acceptance of Late Payments. To the extent allowed by applicable law, all payments due under this Lease (including late fees, NSF fees, attomeys' fees and other fees) will be considered as additional rent (such additional rent, together with the Monthly Rent and Prorated Rent shall sometimes be collectively referred to as "Rent") and Owner shall be entitled to pursue any remedies associated with Resident's failure to pay Monthly Rent. Resident agrees that all payments made will be applied first to fees and charges other than Monthly Rent (late fees,NSF fees,damage fees,eviction fees,utility fees and other fees and charges),then to past due Monthly Rent and then to current Monthly Rent. Additionally,notwithstanding anything contained in this section relating to the acceptance of late fees, NSF charges or any other delinquent payments, in the event that Resident fails to pay Monthly Rent on or before the first day of any month,Resident shall be deemed in default of this Lease;in which case,Owner shall be entitled to pursue any rights or remedies against Resident pursuant to this Lease or applicable law. 4. Rent Increases and Lease Changes. Owner shall have the right to modify any of the terms of this Lease including the amount of Rent or other charges due and payable by Resident,to be effective at the expiration of the Lease term by providing Resident with at least 65 days notice of such modification or to be effective upon the expiration of any month-to-month renewal period by providing Resident with at least 35 days notice of such modification. Resident shall be obligated to comply with the Lease modification from and after the date when the Lease tern or renewal period ends as if such modification were incorporated directly into this Lease,as signed by Resident. Resident acknowledges that such lease modification may include,but is not necessarily limited to,providing a month-to-month fee to be paid by Resident in addition to Resident's Monthly Rent amount. 5. Security Deposit or Surety Bond. a. Security Deposit. If the Security Deposit box is checked on page I,Resident agrees to deposit with Owner such amount as security for the performance of this Lease by Resident. Should charges be made against the Security Deposit during the term of this Lease because of breakage or other damages to the Apartment Home or to furniture, furnishings, equipment or appliances,if any,in the Apartment Home,Resident agrees,after notice,to deposit such additional amount as may be required to restore the Security Deposit to the original amount.When the Apartment Home is vacated and Resident has turned in all keys given to Resident with respect to Resident's occupancy of the Apartment Home and residency in the Community and after inspection by Owner,the Security Deposit shall be refunded to Resident,less any reasonable charges for cleaning and damages to the Apartment Home (beyond reasonable wear and tear) and after deduction of any other monies owed (including Rent, late charges, fees associated with lost gate openers and keys, etc.). PROVIDED HOWEVER AS A CONDITION FOR REFUNDING THE SECURITY DEPOSIT RESIDENT MUST GIVE WRITTEN NOTICE TO OWNER ON OWNER'S FORM AT LEAST SIXTY (60) DAYS PRIOR TO MOVING FROM THE APARTMENT HOME(IF THE TERMINATION DATE IS AT THE END OF THE INITIAL TERM)AND AT LEAST THIRTY(30)DAYS PRIOR TO MOVING FROM THE APARTMENT HOME(IF THE TERMINATION DATE IS AT THE END OF A MONTH TO MONTH TERM) AND FULFILL ALL OTHER PROVISIONS OF THIS LEASE INCLUDING THE COVENANT TO OCCUPY THE APARTMENT HOME AND PAY RENT FOR THE FULL TERM OF THIS LEASE. b. Surety Bond. If the Surety Bond box is checked on page 1,to reduce or eliminate the security deposit that would otherwise by required by us,Resident has opted to purchase a Surety Bond pursuant to a separate agreement with a Owner's Agent Initials 2 Resident's Initials- 0 Camden,2004. Revised August 2004. surety company for the amount identified on page I. The amount paid by Resident to the surety company is non- refundable and is not a security deposit. Resident acknowledges that the amount paid for the Surety Bond does not relieve Resident from Resident's responsibility to pay for breakage or other damages to the Apartment Home or to furnishings, equipment or appliances, if any, in the Apartment Home, or to pay any other amount due under this Agreement. The Surety Bond may be used to compensate Owner for Resident's default in the payment of Rent, to repair damages to the Apartment Home, exclusive of ordinary wear and tear, caused by Resident or Resident's guests or licensees, clean the Apartment Home upon termination of the tenancy,and to remedy future defaults by Resident of any obligation under this Lease including the obligation to restore,replace or return personal property or appurtenances,exclusive of ordinary wear and tear.If there is any default by Resident under this Lease,Resident agrees that:(i) Resident will pay,upon demand,all amounts due under this Lease directly to the Owner;(ii) If Resident does not pay the Owner directly,the surety company from which the Surety Bond is purchased will be obligated to pay the Owner on behalf of Resident,and(iii) If the surety company becomes obligated as described in section (ii) above, Resident is responsible for: (a) reimbursing the surety company in the amount that the surety company is obligated to pay to Owner; plus(b)in the event that the amounts due exceed the amount paid by the surety company to Owner,paying to Owner such excess amount. Resident's Initials C. Pet Deposit. Neither the Security Deposit nor the Surety Bond amount listed on page 1 includes a deposit or bond,which Resident will be required to pay or purchase,as the case may be,if Resident has a pet in the Apartment Home. In the event that Resident desires to have a pet in the Apartment Home and pets are allowed on Owner's Community, Resident shall sign a separate pet agreement and pay the appropriate pet deposit or purchase a Surety Bond in the appropriate amount. in the event that a deposit is paid, such deposit shall be added to the Security Deposit, if any, previously paid by Resident for all purposed under this Lease. if Resident purchases a Surety Bond to cover the deposit associated with Resident's pet, Resident acknowledges that such Surety Bond shall be non-refundable and Resident's responsibility to pay damages shall be in accordance with subsection(b)above. 6. Cancellation Option. As long as Resident is not in default of this Lease either at the time Resident desires to cancel this Lease or when this Lease will be terminated, Resident shall have the option of canceling this Lease by complying with all of the following procedures: a. At least 60 days prior to the date Resident desires to terminate this Lease,Resident shall provide written notice to Owner, stating Resident's desire to exercise Resident's cancellation option and the date of proposed termination (the "Termination Date"); b. Resident shall execute,no later than 10 days from the date of providing the notice identified in subsentence(a) above,a Cancellation of Apartment Lease Agreement(the"Cancellation Agreement")on Owner's form and submit the Cancellation Agreement to Owner; e. With the executed Cancellation Agreement, Resident shall deliver to Owner a payment,by cashier's check or money order,which shall be the sum of:(i)Rent due under this Lease through the Termination Date;(ii)a cancellation fee equal to the Monthly Rent identified on page I of this Lease; and (iii) repayment of rental concessions, if any(free or reduced Rent provided at the commencement of or during this Lease)unless Resident has occupied 1305 Alexis Ave Apt 332 for more than 12 months(items(ii)and(iii)above shall be collectively referred to as the"Cancellation Payment"); and d. Resident shall vacate the Apartment Home on or before the Termination Date. Resident acknowledges that the Cancellation Payment is a buy-out fee which contemplates the various risks of the parties with respect to the early termination of this Lease and that this cancellation option may be exercised by Resident, in Resident's sole discretion. Notwithstanding the foregoing, in the event that Resident is in default of this Lease after Resident has executed the Cancellation Agreement, Owner shall have the right, but not the obligation, to declare the Cancellation Agreement null and void and retain the Cancellation Payment as an additional Security Deposit,subject to the terms of this Lease and applicable law. Resident's Initials 7. Military Release. Except under this provision or paragraph 6 above,or unless required by applicable law, Resident will not be released from this Lease on grounds of voluntary or involuntary business transfer,marriage, divorce, separation,loss of co- residents,or any other reason. If Resident enters military service during the term of this Lease or Resident,while in military service, executes this Lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days,Resident shall be entitled to terminate this Lease in accordance with the Servicemembers Civil Relief Act(the"SCRA"). A qualifying resident under the SCRA must deliver to Owner written notice of such termination and a copy of the servicemember's military orders. Oral notice is not sufficient. Any termination under this provision shall become effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. A co- resident that is not a dependent pursuant to the SCRA(which includes the servicemember's spouse)cannot terminate this Lease under this provision. Resident shall be responsible for Rent and all charges (including damages to the Apartment Home) through the effective termination date. 8. Move-Out Procedure and Rates. Owner's Agent Initials_ 3 e Resident's Initials- 0 Camden,2004. Revised August 2004. a. Notices Prior to move-out,except for trove-out after Resident's default or after Owner provides Resident with notice of termination,Resident must give Owner proper notice of termination in accordance with paragraph 2 of this Lease. b. Holdover. At the expiration of this Lease,Resident and all Occupants shall:(i)vacate the Apartment Home;(ii) leave the Apartment Home in a clean and rentable condition, normal wear and tear excepted; (iii) follow the move-out cleaning instructions(available at the management office);(iv)return all keys, gate openers and remotes to the office or Rent will continue to be charged;and(v)pay any outstanding charges or delinquent Rent. Resident shall be responsible to Owner for any damage to the Apartment Home caused by Resident,other occupants or their respective guests or invitees (including movers). C. Abandonment. If Resident and all Occupants are absent from the Apartment Home for five (5) consecutive days,during the term of this Lease or any renewal or extension period,while all or any portion of the Rent is delinquent, the Apartment Home(and any garage or storage space leased by Resident)shall be deemed abandoned. Personal property of the Resident in the Apartment Home(or in any garage or storage space leased by Resident) deemed abandoned shall be considered abandoned personal property. in the event Resident abandons the Apartment Home or leaves the Apartment Home after receiving a notice to vacate or being judicially evicted,Owner shall be entitled to dispose or sell,at Owner's discretion,any personal property remaining in the Apartment Home(or in any garage or storage space leased by Resident) in any manner not in conflict with applicable law. 9. Transferring to Another Apartment 11ome. in order to qualify to transfer to another unit in the Community or to another Camden community, Resident must be in compliance with this Lease and give Owner a written 30-day notice requesting to transfer and sign a transfer agreement. Resident must also sigh a lease for the new unit with a term of no less than the greater of: (i)six(G) months;or(ii)the number of months remaining under the term of this Lease. Owner reserves the right to require Resident to pay a new application fee,a new pet fee,a new deposit,administrative fee and otherwise re-qualify. If Resident's current Lease term is not fulfilled,Owner reserves the right to assess a transfer fee of$300 and all financial concessions/specials may be required to be repaid to Owner in advance,if allowed by applicable law. Resident's new lease will begin on the day Resident transfers to Resident's new unit. No transfer shall be permitted unless a replacement unit is available. If Resident owes Rent or other charges with regard to Resident's Apartment Home,such Rent and other charges shall be deemed additional Rent immediately due from Resident to Owner under Resident's new tenancy. 10. Occupants. The Apartment Home may be occupied by Resident and the Occupants specified on page 1 only. No other persons shall be authorized to occupy the Apartment Home for a period exceeding 7 consecutive days and no more than 14 days in any one 30 day period without the prior written authorization of the Owner. 11. Assienment and Subletting. Resident shall not assign or sublet all or any portion of this Lease or Resident's right to occupy the Apartment Home to anyone without the Owner's prior written consent. In order to request assignment or subletting, Resident must submit such request in writing on Owner's form and no assignment or subletting will be approved unless the new resident and a guarantor, if applicable, is approved and signs all appropriate documents. Unless the Owner agrees otherwise in writing,the Security Deposit will automatically transfer to secure the performance of the replacement and remaining residents under the Lease governing their occupancy of the Apartment Home. The departing resident will no longer have a right to occupy the Apartment Home or to receive a Security Deposit refund,but will remain liable for the remainder of the original Lease term unless the Owner has agreed otherwise in writing,even if a new Lease is signed. 12. Utilities and Services. Resident shall be responsible for all fees, assessments or charges relating to utilities or other services not identified on page 1 as being included in the Monthly Rent. Resident shall not allow any utilities to be disconnected until the earlier of the termination of Resident's right to possession or the expiration of the term of this Lease(including any month-to- month renewal). To the fullest extent allowed by applicable law,in the event that Resident is required to pay for electricity or gas service and does not, or the electricity or gas service is either not placed in Resident's name or has been switched from Resident's name and Resident has failed to pay for the electricity or gas service,Resident shall pay to Owner all electricity and gas service which should have been paid for by Resident plus an administrative fee of$15. Resident agrees that the administrative fee is a liquidated amount covering Owner's time, costs and expenses associated with Resident's failure to pay for electricity or gas service when Resident is obligated to do so and that the amount of such administrative fee is uncertain and difficult to ascertain. Resident shall promptly advise Owner if Resident receives notice from any applicable authority that any of the utilities are to be disconnected. In the event that Owner provides cable service, cable channels may be changed during the term of this Lease. Resident shall pay for all utilities or services not included in the Rent,as itemized on page 1 including,but not limited to,additional cable service,long distance telephone service,water and sewer service,Owner's standard trash fee,gas and electricity service. All utilities and services shall be used for ordinary household purposes only. To the extent allowed by law, Resident hereby agrees that Owner may select the electricity service provider for the Community including the Apartment Home. Accordingly, Resident acknowledges that electricity to the Apartment Home will be connected in Resident's name with an electricity provider chosen by Owner, unless Resident gives Owner written notice of Resident's intent to switch providers. In the event Resident chooses to switch providers,Resident shall: (i) provide advance written notice to Owner;and(2)pay all switching fees including,to the extent allowed by law,fees to switch back to Owner's provider when Resident vacates the Apartment Home. Resident agrees to execute such documents as may be necessary to authorize Owner to select the electricity service provider for the Community including the Apartment Home, upon request,but not later than 10 days after such request is made. Resident acknowledges that, from time to time,the Owner may distribute marketing' materials from various vendors that have made arrangements with the Owner to provide services to residents of the Community. Resident acknowledges that,notwithstanding Resident's use of such vendors or any other vendors,Owner makes no representations or warranties that the apartment communities infrastructure(including cabling or wiring for internet or other computer related services) are compatible with or failsafe when used with any particular vendor's services. Resident acknowledges that vendors serving Owner's Agent Initials_ 4 Resident's Initials- 0 Camden,2004. Revised August 2004. residents generally in the Community are not affiliated with,not sponsored by or related to Owner unless Owner expressly advises Resident otherwise in writing and that Resident will not hold Owner responsible for the acts or omissions or services provided by such vendors. Resident represents that Resident will conduct Resident's own inquiry and due diligence with respect to retaining such vendors and releases the Owner from any and all liability, responsibility or claims of any nature whatsoever with respect to any services provided by any such vendors. 13. Pets. Pets are not permitted in the Apartment Home or the Community unless approved in writing by the Owner. The Owner will authorize a support animal for a disabled person. In the event that a pct is allowed in the Community, Resident acknowledges that Resident must sign a pct addendum thereby agreeing to adhere to Owner's pct regulations,including any applicable pet weight limit,pay a pet deposit,pay a nonrefundable pet fee and pay any applicable additional Rent required by Owner due to the presence of Resident's pet. In the event a pet deposit is paid, Resident acknowledges that the pet deposit will become part of the general Security Deposit and may,to the extent permitted by applicable law,be used as security for Resident's payment of Renl and other charges due under this Lease whether or not the charges are related to Resident's pet. Resident acknowledges that pets,if any, allowed in the Community must be kept on a leash at all limes when in the common areas and that Resident is responsible for cleaning up after Resident's pet. In the event that Resident violates any restrictions or policies regarding pets,Resident will be deemed to be in default of this Lease,in which case,Owner shall be entitled to pursue any and all rights and remedies it has against Resident. Owner's rights shall include the right to require Resident to immediately remove any unauthorized pet or sign a pet addendum and pay the appropriate deposits and fees. A fee for lack of compliance with these rules may be charged. Additionally,in the event Resident has an unauthorized pct or leaves a pet in the Apartment Home for an extended period of time without being properly supervised,Owner may call the local humane society to take possession of the pet. 14. Keps. Upon the execution of this Lease,Resident acknowledges that Resident has been provided with the keys identified on page I. Resident agrees that the Owner's managing agent is entitled to have a key to the Apartment Home. If a lock change is requested by Resident,such request must be in writing and Resident may be subject to a lock change fee. 15. Permitted Use.Resident and all Occupants as listed on this Lease shall occupy the Apartment Home during the lemr of this Lease and use the Apartment Home solely for residential purposes. Resident shall not permit the Apartment Home to be used for any other purpose. 16. Security. a. Responsibility for Security. Neither Owner nor Owner's managing agent shall be liable to Resident, other Occupants of the Apartment Home or their respective guests for any damage,injury or loss to person or property caused by other persons, including, but not limited to, thefl, burglary, assault, vandalism or other crimes. Owner represents and Resident acknowledges that neither Owner nor Owner's managing agent are equipped or trained to provide personal security services to Resident,other occupants of the Apartment Home or their respective guests. b. Securitp-related mechanisms in the Community. Resident recognizes that no security devices or measures on the property are fail-safe or designed to provide Resident, Occupants of(lie Apartment Home or their respective guests with personal security of any type whatsoever. In the event the Community offers an intrusion alarm, Resident acknowledges that Resident has been given separate instructions on the proper operation of the alarm,that any alarm is a mechanical device, can be rendered inoperative at any time and requires proper operation by Resident with respect to coding and maintaining the alarm. Any charges resulting from the use of the alarm will be charged to Resident,including but not limited,to any false alarms with police,fire or ambulance response or other required governmental charges. In the event that Owner has engaged the services of a patrol service or patrol personnel, Resident acknowledges that any such patrol will not be equipped to provide personal security to Resident,Occupants of the Apartment Home or their respective guests and will only serve as additional eyes and cars for the Owner's managing agent. In the event the Community has access gates, Resident agrees that Resident has been given separate instructions on the proper operation of the gates including codes,transmitters and other information. Resident shall be responsible for damages to access gales caused by Resident,Occupants of the Apartment Home or guests. In the event that the Community is equipped with simplex locks to the fitness center,laundry rooms,pool or other areas,Resident understands that pass codes are for Resident's use only and that Resident must accompany all guests. Resident acknowledges that Owner is not and shall not become liable to resident, Occupants of the Apartment Home or their respective guests for any injury,damage or loss whatsoever which is caused as a result of any problem, defect, malfunction or failure of the performance of any security-related mechanisms in the Community including,but not necessarily limited to, intrusion alarms,patrol personnel,access gates or locks to common area facilities available to Resident. 17. Lakes. Resident acknowledges that the Community's lakes,if any,are for aesthetic purposes only.Swimming and boating are not allowed in lakes and waterways by Resident,Occupants of the Apartment Home or guests.Fishing,if permitted at all,is on a "catch and release"basis only. Resident shall not use or permit any guests or Occupants to use the lakes for swimming,bathing, boating or any other recreational activity. Resident acknowledges that the lakes can be deep in places and that there are no fences around or lifeguards at the lakes and that the use of the lakes for any other reason by Resident or any guests or Occupants is strictly prohibited. Resident further agrees that Owner is not liable to Resident,Resident's guests or any other occupants for personal injury or damage or loss resulting from the use of the lakes by Resident or Resident's guests or Occupants. Resident must take whatever steps necessary to assure compliance with this provision by you as well as Resident's guests and Occupants who reside in the Apartment Home. Resident agrees to comply with any and all signs and rules and regulations which Owner may, from time to time, adopt with respect to the lakes and to assure such compliance by Occupants and guests. Owner's Agent Initials_ 5 Resident's Initials- 0 Camden,2004. Revised August 2004. 18. Wild Animal hazards. Resident acknowledges that Resident is aware that the Community contains or is located adjacent to certain undeveloped property which may contain or harbor wild animals,snakes or insects. Do not feed these animals. Resident is aware that wild animals present certain inherent and substantial hazards to persons and property. Despite these hazards,Resident has chosen to rent the Apartment Home and hereby fully assumes the risk of these hazards. Owner and Owner's respective agents and employees shall not be liable for any injuries,claims,deaths,damages,or losses to persons or property(including but not limited to pets or vehicles of Resident and Occupants and their respective guests and invitees)in any way caused by or related to wild animals which either reside within the Community or travel through the Community. To this end,it is expressly understood and agreed by the parties that Owner and Owner's representatives are not insurers and that insurance covering personal injury and property loss or damage occurring on,in or near the Apartment Home shall be obtained by Resident to cover any injury,claim,death,damage or loss to Resident,or Resident's guests or invitees may incur or suffer. It is further understood and agreed by the parties that the Rent being charged Resident is not sufficient to guarantee that no loss,damage or injury will occur. 19. Insurance. Owner recommends, and in sonic cases will require, that Resident secure renter's insurance to help protect Resident and Resident's property. In the event that Owner notifies Resident that Owner requires Resident to obtain insurance, Resident agrees to do so and provide Owner with proof of all required insurance. Owner is not responsible for,and will not provide fire or casualty insurance for, the personal property (including any vehicles) of Resident or Occupants of the Apartment Home. Neither Owner nor Owner's managing agent shall be liable to Resident,other Occupants of the Apartment Home or their respective guests for any damage,injury or loss to person or property(furniture,jewelry,clothing,etc.) from fire, Flood,water leaks,rain,hail, ice, snow, smoke, lightning, wind, explosions, interruption of utilities or other occurrences unless such damage, injury or loss is caused exclusively by the negligence of Owner. Owner has no duty to remove ice, sleet, or snow from any areas within the Community. Resident assumes all risks with respect to and Resident is strongly urged to secure insurance to protect against all of the above,as well as criminal activity of others. Unlesstrohibited by law,Resident waives any insurance subrogation rights or claims against Owner,Owner's managing agent or their respective insurers. Resident's Initials 20. Notice of Injuries. In the event that Resident or any Occupants or any of their guests or visitors suffer any damage or injury for which they believe that Owner might be liable,the Resident agrees to notify Owner in writing within ten(10)days of the occurrence of the injury,or as soon after the injury as practical,whichever is sooner.The failure of Resident to notify Owner of any of these injuries or damages will be a breach of this Lease, and to the fullest extent allowed by applicable law, Resident will be responsible to Owner for any loss which Owner might suffer arising out of Resident's failure to notify Owner, including Owner's inability to determine the cause or responsibility for the injuries or damages. 21. Conduct of Resident, Occupants and Guests. Resident agrees that Resident,Occupants of the Apartment Home or their respective guests or invitees shall not: (i)be loud,obnoxious, disorderly, boisterous,or unlawful; (ii) disturb or threaten the rights, comfort,or convenience of others in or near the Community; (iii)disturb or disrupt the business of Owner or Owner's managing agent;(iv)engage in or threaten violence;(v)be arrested for or engage in criminal conduct(felony or misdemeanor)involving actual or potential risk of harm to a person or any sex-related conduct;(vi)violate criminal laws,regardless of whether arrest or conviction occurs; (vii) display, discharge, or possess a gun, knife or other weapon in a way that may alarm others; (viii) possess, sell or manufacture illegal drugs or drug paraphernalia in the Apartment home or anywhere else at the Community; (ix) bring or store hazardous materials in the Apartment Home or in the community;or(x)injure the reputation of the Owner or the Owner's managing agent by making bad faith allegations against the Owner or Owner's managing agent to others. Solicitation will not be allowed at the Community unless written pennission from the Owner or Owner's managing agent is given. 22. Policies. Resident agrees to abide by any and all posted rules and community policies including,but not limited lo,rules with respect to noise,disposal of refuse,pets,parking and use of common areas. Further,Resident agrees to abide by all amendments and additions to said rules after due notice of any such amendments or additions. At the time of execution of this Lease, Resident acknowledges that Resident has signed and received a copy of all current community policies pertaining to the Apartment Home and the Community. 23. Fitness Room And Other Facilities. The use by Resident,Occupants and guests of the fitness room and other common facilities, including use of any fitness equipment or weights in the fitness room, is at the user's sole risk and Resident assumes full responsibility for any injuries which may result from the use of the fitness room or other common facilities by Resident,Occupants or guests. Resident agrees to indemnify and hold harmless Owner,Owner's managing agent and their respective agents and employees from and against any and all claims or demands,costs or expenses,arising out of or in any way related to use by Resident,Occupants and guests oflhe fitness room and other common facilities including,but not limited to,any personal injuries,damages or other losses. Resident shall assure compliance with all posted rtes. 24. Satellite Dishes. To the extent allowed to be restricted by Owner under applicable law, Resident agrees to abide by the following provisions: a. No antenna or satellite dish may exceed one meter(39 inches)in diameter. b. No antenna or satellite dish may protrude beyond the horizontal or vertical space that is leased to the Resident for the Resident's exclusive use, including any patio area leased by Resident(installation is not permitted on any parking' area,roof,exterior wall,window,windowsill,fence,common areas or in any other area that other residents are allowed to use). C. An antenna or satellite dish must serve only one Apartment Home. Owner's Agent Initials_ 6 Oil Resident's Initials — C Camden,2004. Revised August 2004. d. No antenna or satellite dish may be attached to a balcony railing or fence except by a bracket that does not require holes to be made in the railing or fence. e. installation of the antenna or satellite dish shall occur only between the hours of 8:00 a.m.and 9:00 p.m. f The installation of the antenna or satellite dish shall not cause any holes to be made in any ceiling,exterior wall, window or door or the Apartment Home or the roof,walls,windows or doors of any building in the Community. g. The installation of the antenna or satellite dish must conform to local fire and safety codes and building codes. h. Resident shall be solely responsible for maintaining any antenna or satellite dish installed and all related equipment. i. Resident must remove the antenna or satellite dish and other related equipment when Resident moves out of the Apartment Home; Resident will be responsible for paying for any damages and for the cost of repairs or repainting which may be reasonably necessary to restore the Apartment Home to its condition prior to the installation of the antenna or satellite dish or related equipment. Resident hereby releases, indemnifies and holds harmless Owner, Camden Development, inc. as well as their respective affiliates, owners,shareholders,partners,officers,directors,employees,agents,successors and assigns from and against any and all obligations, liabilities,claims,losses or actions of any nature whatsoever,whether in contract,in tort or otherwise relating to,arising out of,or in any way connected with the installation,use or maintenance of an antenna or satellite dish in the Apartment Home or the Community, including the balcony,balcony railing or patio which may be deemed to be a part of the Apartment Home. Resident shall pay,upon demand, Owner for any and all expenses, exceeding ordinary wear and tear, arising out of or caused by the installation, use or maintenance of an antenna or satellite dish. 15. Reimbursement. in the event that any damage or loss to Owner is caused by Resident,Occupants of the Apartment Home or their respective guests or invitees(including contractors), Resident shall be liable for such damage or loss and shall immediately reimburse Owner for such damage or loss. Unless caused by the Owner's negligence,the Owner is not liable for and Resident must nay for repairs,replacement costs and damage to the following if occurring during the term of this Lease(Including any month-to-month renewal): (i) damage to doors,windows or screens;00 damage from windows or doors left open; and(iii) damage from wastewater stoppages caused by improper objects in lines exclusively serving the Apartment Home. At Owner's discretion,Resident shall pay for such repairs in advance; any delay or postponement in demanding payment for such sums shall not waive Owner's right to demand such payment. 16. Smoke Detectors. Resident acknowledges that the stroke detector or smoke detectors (if any are required to be in the Apartment Home pursuant to applicable law) in the Apartment Home are in good working order at the beginning of Resident's possession of the Apartment Home. Resident agrees that Owner's duty to inspect and repair a smoke detector,pursuant to applicable law is expressly conditioned upon the Resident giving the Owner written notice of a malfunction or request to Owner that the smoke detector be inspected or repaired. Resident must make Resident's request for installation, inspection or repair in writing. To the fullest extent allowed by applicable law,Resident is responsible for replacing all smoke detector batteries. 17. Default by Owner. Owner agrees to abide by applicable law regarding repairs and performance under this Lease. ALL REQUESTS FOR REPAIRS MUST BE IN WRITING. Unless exercising a right specifically granted by applicable law, Resident shall not be entitled to any abatement of Rent for any inconvenience or annoyance in connection with Owner's repairs or maintenance and may not withhold Rent under any circumstances, regardless of any alleged failure by Owner to repair or maintain, unless otherwise provided by applicable law. 18. Default by Resident. If Resident fails to pay Rent or other lawful charges when due or gives false information on any application for rental,or if Resident,Occupants or their guests fail to comply with any other term,covenant or condition of this Lease, Owner may pursue any rights or remedies provided by applicable law. (See attached State Addendum for additional provisions.) In addition to the foregoing, in the event Resident defaults under this Lease, Resident shall be liable to the fullest extent allowed by applicable law for repayment of the value of any rent concessions received by Resident and for any court costs and reasonable attorneys fees incurred by Owner to enforce this Lease(including any attorneys'fees in any court action in which the Owner prevails) plus interest on all unpaid amounts at the maximum rate allowed by applicable law from the due date until paid. Acceleration of Rent by Owner is subject to any duty Owner has under applicable law or to mitigate damages. Owner may report unpaid Rentals or other charges to the applicable credit reporting agencies for recordation in Resident's credit record.RESIDENT HEREBY AUTHORIZES OWNER OR OWNER'S AGENTS TO OBTAIN AND HEREBY INSTRUCTS ANY CONSUMER REPORTING AGENCY TO FURNISH A CONSUMER REPORT UNDER THE FAIR CREDIT REPORTING ACT TO OWNER OR OWNER'S AGENTS TO USE SUCH CONSUMER REPORT IN ATTEMPTING TO COLLECT ANY AMOUNTS DUE AND OWING UNDER THIS LEASE OR FOR ANY OTHER PERMISSIBLE PURPOSE. Resident's Initials 19. Entry. Subject to any requirements provided by applicable law,Owner(and any agent or vendor authorized by Owner) shall have the right to enter the Apartment Home (as well as any garage or storage unit leased by Resident) for any reasonable business purpose which includes,but is not necessarily limited to,making repairs or replacements,doing preventative maintenance, leaving notices,removing health or safety hazards,inspecting the Apartment Home for an immediate danger to person or property as Owner's Agent initials_ 7 Resident's initials_ ©Camden,2004. —P Revised August 2004. reasonably suspected, allowing entry by law enforcement officers,showing the Apartment Home to prospective residents or buyers and showing the Apartment Home to lenders,appraisers,contractors,insurance agents or other vendors of the Owner. 30. Alterations. Unless required to be permitted by law, Resident shall not make or permit to be made any alterations, additions or attachments to the Apartment Home (as well as any garage or storage unit leased by Resident) or any part thereof including,but not limited to,the balcony or overhang,or change or add any lock,without the prior written consent of Owner. At any time,Owner may remove,at Resident's sole cost and expense,any fixtures,alterations,additions or property which does not conform with this Lease or any rules or regulations established by Owner. 31. Construction, Casualty and Environmental Issues. In the event that (fie Community is under construction, Resident agrees to observe all warning signs and blockades and stay away from the construction areas. Resident represents that at the commencement of Resident's occupancy of the Apartment Home, Resident has inspected the Apartment Home and has found the Apartment Home to be free of signs of mold and mold related conditions which may adversely affect Resident's health. In the event that Resident discovers mold,water leaks,water damage or moldy,musty odors in the Apartment Home or discoloration or staining in the sheetrock of the Apartment Home,at any time during Resident's occupancy of the Apartment Home,Resident shall immediately provide written notice to Owner of any such condition. Resident agrees that it is Resident's responsibility to assist the Owner to prevent excessive moisture build-up and mold growth. Resident acknowledges that: (i)excessive moisture can collect from a wide variety of sources; (ii) moisture build-up in carpets and crevices can result from shower or bathtub overflows, washing machine overflows or leaks, cooking spills, plant watering overflows or pet urine accidents;and (iii)insufficient drying of water,carpets or carpet pads can result in mold under the carpet surface. Resident shall be responsible for:(i)promptly reporting to Owner any signs of water leaks or water infiltration,standing water,condensation on interior surfaces,high humidity,musty smells or any signs of mold and any air conditioning or heating system probleulis; (ii) keeping all areas of the Apartment Home clean and free of water accumulation,removing visible moisture accumulation on windows,walls,ceilings and other surfaces;(iii)being attentive to washing machine leaks,overflows or spills;and(iv)maintaining proper ventilation of the Apartment Home and preventing conditions that are conducive to mold growth including controlling humidity and moisture levels in the Apartment Home through proper operation of the air conditioning and heating systems and plumbing fixtures. Resident shall be responsible for any damages caused by the failure of Resident,Occupants of the Apartment Home or their guests or invitees to comply with any riles or regulations established by Owner including,but not limited to,damages caused to pipes when freeze guidelines are not followed and damages caused by Resident's failure to maintain utilities in the Apartment Home. To the extent permitted by applicable law, the Owner is not responsible for conditions, damages or injuries that result from your failure to maintain the Apartment Home in accordance with this provision. Unless otherwise provided by applicable law, the Owner may terminate this Lease by giving no less than twenty-four(24)hours notice to Resident if the Apartment Home or the Community in general is rendered uninhabitable due to: (i) fire or catastrophic damage; (ii)environmental issues or a condemnation taking;or(iii)any causes beyond the control of the Owner. Unless otherwise provided by applicable law, the Owner may terminate this Lease by giving no less than thirty(30) days notice to Resident if the Apartment Home or the Community in general is undergoing, or about to undergo, repairs or rehabilitation (not caused by fire, catastrophic damage,environmental issues,condemnation taking or causes beyond the control of the Owner) which will render the Apartment Home or the Community in general uninhabitable,as determined by Owner in its sole opinion. Resident understands and agrees that the Owner may,at any time,convert the Community to a condominium or cooperative development;if the Community is converted and the Apartment Home is to be sold to the public,Owner may elect to terminate this Lease by giving the Resident no less than thirty(30) days written notice or within such other time frame allowed by applicable law. in the event of such termination, Resident shall vacate the Apartment Home and remove all of Resident's personal belongings from the Apartment Home and Rent will be prorated accordingly through the termination date. Resident acknowledges that,if the Community has elevators,such elevators are mechanical devices that can malfunction or be rendered inoperative at any time and that the Owner is not responsible for the failure of elevator service should the elevator cease to function. 32. Parkine. a. General Guidelines. Owner reserves the right to designate and control the method,manner and time of parking in parking spaces in and around the Community. Unless Owner notifies Resident otherwise, Resident's parking space(s) shall be unassigned. Neither Resident nor Occupants of the Apartment Home nor their respective guests or invitees (including contractors) or others shall park in NO PARKING ZONES or other restricted areas. Vehicles parked in restricted areas will be subject to being towed in accordance with applicable law. Vehicles that have expired inspection stickers or license tags or are inoperable are subject to being towed at the vehicle owner's expense according to applicable law. Resident shall only be allowed to wash vehicics in designated areas of the Community; if no areas have been designated, Resident shall not wash vehicics in the Community. Resident shall not repair vehicles in the Community. Vehicles parked in tow away zones,fire lanes,reserved parking,disabled parking or blocking a trash receptacle are subject to being towed at the vehicle owner's expense in accordance with applicable law. All posted speed limits must be observed. When a speed limit is not posted,the speed limit in the Community is 10 MPH. Motorcycles and motorbikes are considered motor vehicles and should be treated as such. Unless the Owner provides written consent and the appropriate documentation is provided,no trailers,motor homes,unauthorized boats,campers or large trucks are allowed on any parking facilities. Resident shall not park a motor vehicle on the lawn or sidewalks, or any other areas not designated as proper parking facilities,even when moving into or out of the Apartment Home. Vehicles taking up more than one parking space will be subject to being towed at the vehicle owner's expense in accordance with applicable law. Neither Owner nor Owner's management personnel shall be liable for any damages or costs arising out of any claims,loss, damage or liability from towing unauthorized vehicles from the Community. Resident hereby indemnifies and holds harmless the Owner, the Owner's managing agent as well as their respective officers, employees,agents,successors and assigns from and against all damages, loss, or liability (including attorneys' fees and court costs) arising out of or Owner's Agent Initials_ 8 Resident's Initials_ C Camden,2004. 11"'''" Revised August 2004. connected with the towing of unauthorized vehicles owned or operated by Resident,Occupants of the Apartment Home or their respective guests or invitees(including vendors)from the Community. b. Garages and Carports. In the event the Community offers the use of a garage or a carport in addition to your Apartment Home,Resident acknowledges that the garage or carport,as the case may be,is for parking Resident's vehicle only;neither garages nor carports arc to be used for storage. The storage space,if any,provided with the Apartment Home is to be used for storage needs. 33. Owner's Acceptance of Mail Packages. In the event that Owner accepts delivery of Resident's mail or packages,Resident acknowledges that Owner is not responsible for loss, stolen or damaged items and Resident releases Owner from all liability with respect to the acceptance or storage of any mail or packages. Owner may require Resident to sign a Package Release Authorization form. 34. Notices. Notice for any reason under this Lease shall be proper if given by any method allowed by applicable law or by first class mail,certified mail,return receipt requested,overnight delivery,telefax or by hand delivery to the Apartment Home or to Resident at the address of the Apartment Home. Notice for all purposes,unless applicable law provides otherwise,shall be considered as having been given and complete on the date such notice is postmarked,placed in overnight delivery,telefaxed or hand delivered to Resident at the address of the Apartment Home. The name of Owner's managing agent of the Community, and the party who is authorized to act for and on behalf of Owner for the purpose of receiving notices from the Resident,is Camden Development,Inc.,c/o Community Manager. 35. Lease Subordination. This Lease is and viill be subject and subordinate to the lien and provisions of any mortgages or deeds of trust now or hereafter placed against the Community or against Owner's interest or estate in the Community, and any renewals, modifications,consolidations and extensions of such mortgages or deed of trust,without the necessity of the execution or delivery of any further instruments by or to Resident to effect subordination. if any future mortgagee elects to have this Lease subordinated to the lien of such mortgagee's mortgage or deed of trust,and gives notice of such election to Resident,Resident shall execute any appropriate documents to subordinate this Lease to the lien of such mortgage or deed of trust. Resident will execute and deliver upon request from Owner, such further instruments evidencing the subordination of this Lease to any mortgage or deed of trust. In the event of foreclosure or the exercise of the power of sale under any mortgage or deed of trust against the Community, Resident will, upon request of any person or party succeeding to Owner's interest as a result of such proceedings, attom to such successor in interest and recognize such successor in interest as Owner under this Lease;provided,however,in no event shall Resident have the right to terminate this Lease in the event of foreclosure by any Iienholder of the Community. 36. Disclosure ofinformatiom Resident hereby authorizes Owner to disclose information,upon request,relating to Resident's occupancy or other information in Resident's lease file for law-enforcement,governmental or business related purposes. Resident's Initials 37. Verbal Representations and Waiver. Neither Owner nor any of Owner's representatives have made any oral promises, representations,or agreements. This Lease is the entire agreement between Resident and Owner. Owner's representatives(including management personnel,employees,and agents)have no authority to waive,amend,or terminate this Lease or any part of it,unless in writing, and have no authority to make promises, representations, or agreements that impose duties (including duties related to security issues) or other obligations on Owner or Owner's representatives unless in writing. The failure by Owner or Owner's managing agent to enforce any terms of this Lease shall not constitute a waiver by Owner or Owner's managing agent of the right to enforce the terms of the Lease at any subsequent time. The acceptance of Rent due after any default shall not be construed to waive any right of Owner or affect any notice given or legal action commenced. 38. Applicable Law. This Lease shall be governed by the laws of the state in which the Apartment Home is located;this Lease is performable and venue for any action shall be proper in the county in which the Apartment Home is located. 39. Partial Invalidity, if any section,clause,sentence,word or provision of this Lease or the application thereof to any party or circumstances shall, to any extent, be or become invalid or illegal, and such provision shall thereby become null and void, the remainder of this Lease shall not be affected thereby,and each remaining provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 40. Liability of Owner's Managing Agent. Resident acknowledges that Camden Development, Inc. is signing this Lease as agent,and not as principal,for the Owner whose assumed name is the name of the Community. Accordingly,Resident agrees that it will not hold Camden Development,Inc.responsible or liable for compliance with this Lease and that Resident's sole cause of action for breach of this Lease will be against Owner. Resident understands that Camden Development, Inc. is relying upon the statements contained in this paragraph as a basis for signing this Lease as agent on behalf of Owner. V. Signatures Required to Bind Parties. Resident acknowledges that:(i)Resident and Owner's leasing representative have reviewed this Lease(including all addenda to this Lease);(ii)Owner's leasing representative,as"Owner's Agent"and Resident have initialed each page of this Lease and selected provisions where indicated;and(iii) Resident has agreed to the terms,covenants and conditions provided in this Lease and signed the page of this Lease on which the Resident's signature blank appears. To the extent' allowed by applicable law and notwithstanding the initials provided by the respective parties and Resident's signature, Resident further acknowledges that this Lease shall only be binding upon Owner for a period of 30 days from the Contract Date identified in page 1 of this Lease unless the community manager for the Community has signed this Lease on behalf of Camden Development,Inc., as agent,not as principal,for the Owner where indicated in the end of this Lease. At the time the community manager signs the lease, Owner's Agent Initials_ 9 7 i j Resident's Initials_ C Camden,2004. Revised August 2004. it becomes binding upon both parties for the full term of the Lease. In the event that the community manager objects to any terms, covenants or conditions provided in this Lease,Resident will be so notified within 30 days from the Contract Date,Resident shall only have the right to occupy the Apartment Home for a period of 30 days from the Contract Date unless the Resident agrees with the revised terms,covenants or conditions. In the event that the community manager neither signs this Lease where indicated or objects to any terms,covenants or conditions of this Lease within 30 days from the Contract Dale,this Lease shall,nonetheless,be binding upon Owner and Resident as if the community manager had signed the Lease without objection. 42. (See attached State Addeadrun for additional provisions.) The terms of this Lease are agreed to and accepted by: OWNER: RESIDENT(S) Camden Terrace Apartments Signature: By:Camden Development,Inc.,as agent,not as principal,for the Name Printed: Owner Dale: Signature: Name Printed: Robin Courtright Signature: Title:Community Manager Name Printed: Date:09/26/2005 Date: Signature: Name Printed: Date: Signature: Name Printed: Date: Owner's Agent Initials_ 10 1 Resident's Initials_ ©Camden,2004. Revised August 2004. STATE ADDENDUM TO APARTMENT RENTAL CONTRACT (Texas) COMMUNITY NAME: Camden Terrace APARTMENT HOME: 1305 Alexis Ave Apt 332 Fort Worth, TX 76120-3833 RESIDENT(S): Mark Matranga LEASE DATE: September 28, 2005 This State Addendum to Apartment Rental Contract(this"Addendum")is made and entered into as of the same date as the Apartment Rental Contract(the"Lease")to which this Addendum is attached and made a part thereof by and between the Owner of the above referenced Community and Resident named above. The terms of this Addendum shall be in addition to the terms of the Lease as if the terms of this Addendum were written into the Lease and in the event the terms of this Addendum are inconsistent or conflict with the provisions of the Lease,the terms of this Addendum shall control. For and in consideration of the mutual promises contained herein and in the Lease and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by all parties,the parties agree as follows: 1. Rent and Charees. The following sentences shall be added to paragraph 3(b)of the Lease entitled"Late Pa},ments and NSF Fees": If Resident does not pay all Rent on or before the third day of the month,in addition to being in default of this Lease and subject to the rights and remedies of Owner for such default,Resident shall pay an initial late charge of$50.00 plus a daily late charge of$5.00 for each day after that date until paid in full. Daily late charges will not exceed 15 days for any single month's Rent. All payments(including Rent,late fees,NSF fees,eviction fees,and other charges) made after the third of a month must be in the form of a money order or cashier's check. Personal or business checks for any late payments will not be accepted after the third day of a month. Resident shall pay a charge of$25.00 for each returned check,plus applicable initial and daily late charges until Owner receives acceptable payment. After two NSF checks,all future payments are required to be made in the form of a money order or cashier's check for the remainder of the term of this Lease(including any month-to- month renewal). 2. Move-Out Procedure and Rules. The following sentences shall be added at the end of paragraph 8(b)of the Lease entitled "Holdover": In the event Resident and all occupants do not vacate the Apartment Home at the expiration of this Lease,Resident shall be deemed to be in default of this Lease and Owner shall be entitled to pursue any and all rights or remedies available to Owner after a default has occurred.Additionally,at Owner's discretion,Owner shall have the right to treat Resident and all occupants as holdover tenants under applicable law and increase the base Rent identified in this Lease,to the greater of:(i) 125%of the Monthly Rent;or(ii)the current market rent for the Apartment Home plus$100.00 per month. Additionally,in the event Resident holds over,Resident will be responsible for any and all costs,expenses or damages incurred by Owner as a result of Resident's holding over including,but not necessarily limited to,any amounts paid or concessions given,as the Owner deems appropriate,to a new resident who can't occupy because of the holdover. Owner's Agent's Initials Resident's Initials 0 Camden,2004. 3. Utilities and Services. The following sentences shall be added to paragraph 12 of the Lease entitled "Utilities and Services": A water bill(the"Bill")will be issued to Resident for water and wastewater service to the Apartment Home through the use of an allocation method described in accordance with the rules adopted by the Texas Commission on Environmental Quality(the"TCEQ"),a copy or summary of which is attached hereto as Exhibit"A"and incorporated herein by reference for all purposes. In accordance with the TCEQ riles,Resident is hereby notified that the average monthly bill for all dwelling units of the Community in the previous calendar year was$20.70. The highest bill for this period was$39.02;the lowest bill for this period was$8.65. Each month Owner,or a billing agent designated by Owner,will send to Resident a bill(the"Bill")for water and wastewater service to the Apartment Home. The Bill will be calculated in accordance with the average number of occupants per bedroom,which shall be determined by an occupancy formula adopted by the TCEQ. The formula shall calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below,notwithstanding the actual number of occupants in the Apartment Home,or any other dwelling units: i. Dwelling unit with an efficiency= 1 occupant ii. Dwelling unit with one bedroom= 1.6 occupants iii. Dwelling unit with two bedrooms=2.8 occupants iv. Dwelling unit with three bedrooms=4 occupants V. Dwelling unit with more than three bedrooms=4+ 1.2 occupants for each bedroom over three. (1) In accordance with the TCEQ rules,before the Owner allocates the retail public utility's master meter bill for water and wastewater service to residents,the Owner will first deduct dwelling unit base charges or customer services charges,if applicable and common area usage such as installed landscape irrigation systems,pools and laundry rooms,if any,in accordance with the formula set forth by the TCEQ rules. (2) The Bill will not include any water service charge for certain common facilities such as swimming pools,spas,hot tubs or laundry facilities. Resident is being billed for Resident's pro rata share of water and wastewater service costs. Resident has the right to receive information from the Owner to verify the Bill. Any disputes relating to the computation of the Bill will be between the Resident and the Owner. Water leaks to the Apartment home or in common areas will be repaired in accordance with applicable law,considering the severity and nature of the condition and the reasonable availability of materials and labor and of utilities from a utility company. (3) After the master meter for the Community is read by the retail public utility serving the Community,and after the Owner receives the water bill from the retail public utility,the Bill will be calculated. Resident shall pay the Bill as calculated above sixteen(16)days after the Bill is mailed or hand-delivered by Owner or Owner's representative,unless the due date falls on a federal holiday or a weekend;in which case,the following work day shall be the due date. In accordance with the TCEQ'S rules,the Resident hereby designates that the Owner may,in the Owner's discretion,apply payments made by Resident under this Lease first to utilities,then to Owner's Agent's Initials Resident's Initials ©Camden,2004. 2 0 Rent due. In the event that Resident fails to pay all or any portion of the Bill on or before the due date,there will be a late charge of five percent(5%)of the delinquent Bill assessed against Resident. In the event that the Bill is paid with a returned check,the Owner reserves the right to assess a returned check fee as provided in this Lease. In addition to the foregoing,in the event that Resident fails to pay all or any portion of the Bill,such failure to pay shall be deemed a default by Resident of this Lease as if Resident failed to pay all or any portion of the Rent due under this Agreement and Owner shall be entitled to pursue any rights or remedies Owner would otherwise be entitled to pursue under this Lease or Texas law for Resident's failure to pay Rent. 4. Security. The following sentences shall be added to paragraph 16(b)of the Lease entitled `Security-related mechanisms ii:the apartment community": Owner will comply with the requirements of state law with respect to providing door locks and window latches to apartment homes in the Community. Pursuant to state law,the Apartment Home is equipped with:(1)a window latch on each exterior window of the Apartment Home;(2)a doorknob lock or keyed dead bolt on each exterior door of the Apartment Home;(3)a sliding door pin lock on each exterior sliding glass door of the Apartment Home;(4)a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the Apartment Home;and(5)a keyless bolting device and a door viewer on each exterior door of the Apartment Home. Additionally,if the Apartment Home has french doors,one door of each pair of french doors,if any,in the Apartment Home has:(1)a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold,each with a bolt having a throw of one inch or more;or(2)a bolt installed inside the door and operated from the edge of the door,capable of insertion into the doorjamb above the door,and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold,each bolt having a throw of three-fourths inch or more. At the Resident's request, Owner,at Resident's expense,will install:(1)a keyed dead bolt on an exterior door if the door has a doorknob lock but not a keyed dead bolt or a keyless bolting device but not a keyed dead bolt or doorknob lock and(2)a sliding door pin lock or sliding door security bar if the door is an exterior sliding glass door without a sliding door pin lock or sliding door security bar. All Resident's requests or notices regarding security devices must be in writing. Resident is required to pay for repair or replacement of Resident's security device if the repair or replacement is necessitated by misuse or damage by the Resident,a member of the Resident's family,an occupant,or a guest,and not by normal wear and tear. Owner may require Resident to pay charges in advance for which Resident is liable to nay under the circumstances and conditions allowed by Texas law. Resident hereby acknowledges that:(1)Owner at the Owner's expense is required to equip the dwelling,when the Resident takes possession, with the security devices described in this section;(2)the Resident is not required to install a doorknob lock or keyed dead bolt at the Owner's expense if the exterior doors meet the requirements of Section 92.153(f)of the Texas Property Code:(3)the Owner is not required to install a keyless bolting device at the Owner's expense if the Owner is expressly required or permitted to periodically check on the well-being or health of the Resident as provided by Section 92.153(e)(3)of the Texas Property Code:and(4)the Resident has the right to install or rekey a security device required by the Texas Property Code and deduct the reasonable cost from the Resident's next Rent payment,as provided by Section 92.164(a)(1)of the Texas Property Code. 5. Smoke Detectors. The following sentences shall be added at the end of paragraph 26 of the Lease entitled "Smoke Detectors": Owner's Agent's Initials Resident's Initials 0 Camden,2004. 3 :.K.W.. Resident must not disconnect or intentionally damage a smoke detector or remove the battery without immediately replacing it with a working battery or the Resident may be subject to damages civil penalties and attorney's fees pursuant to Section 92.2611 of the Texas Property Code. 6. Default by Resident. The following sentences shall be added after the first sentence of paragraph 28 of the Lease entitled "Default by Resident": Owner's rights shall include,but shall not be limited to,terminating Resident's right to occupy the Apartment Home or this Lease,at Owner's sole discretion, upon one(l)day's written notice to vacate and regain possession of the Apartment Home in the manner provided by applicable law. In addition, in the event of Resident's default,Resident shall be liable for and shall pay:(i)a reletting fee equal to one month's Rent to offset the costs of reletting the Apartment Home;(ii)all Monthly Rent and other charges which are payable during the remainder of the term of this Lease or 60 days,whichever is greater, which Rent and other charges shall be accelerated automatically without notice and shall be immediately due and delinquent;(iii)the payment of Rent concessions,if any(free or rSduced Rent provided at the commencement of or during this Lease);and(iv)any other sums that may be due pursuant to this Lease or applicable law.Resident acknowledges that the reletting fee is not a cancellation fee or a buyout fee. The reletting fee is a liquidated amount covering only Owner's damages associated with Owner's time,effort and expense in finding and processing another resident to occupy the Apartment Home. Such damages are uncertain and difficult to ascertain. 7. Parking. The following sentence shall be added to paragraph 32(a)of the Lease entitled "General Guidelines": In addition to the other rights that Owner has to tow vehicles in the Community pursuant to applicable law,Owner shall have the right to tow a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate by complying with applicable law including giving the owner or operator of the vehicle at least 10 days written notice that the vehicle will be towed from the Community at the vehicle owner's or operator's expense if it is not removed from the parking area. 8. Contractual Lien. The following sentences shall be added as paragraph 41 of the Lease and entitled "Contractual Lien Contractual Lien.ALL PERSONAL PROPERTY IN THE APARTMENT HOME(EXCEPT PROPERTY STATUTORILY EXEMPT BY SECTION 54.042 OF THE TEXAS PROPERTY CODE)IS SUBJECTED TO A CONTRACTUAL LIEN TO SECURE PAYMENT OF DELINQUENT RENT. IN ORDER TO EXERCISE CONTRACTUAL LIEN RIGHTS,OWNER'S REPRESENTATIVES MAY PEACEFULLY ENTER THE APARTMENT HOME(AND ANY STOREROOMS)AND REMOVE AND STORE ALL SUCH PROPERTY;PROVIDED,HOWEVER,WRITTEN NOTICE OF ENTRY MUST BE LEFT AFTERWARD IN THE APARTMENT HOME IN A CONSPICUOUS PLACE,ALONG WITH A LIST OF ITEMS REMOVED. OWNER SHALL IMPOSE REASONABLE CIIARGES AND BE ENTITLED TO COLLECT A CHARGE FOR PACKING,REMOVING OR STORING SUCH ABANDONED OR SEIZED PROPERTY,AND MAY SELL SAME AT PUBLIC OR PRIVATE SALE(SUBJECT TO ANY RECORDED CHATTEL MORTGAGE)AFTER 10 DAYS WRITTEN NOTICE OF TIME AND PLACE OF SAME IS SENT CERTIFIED MAIL,RETURN RECEIPT REQUESTED,TO THE RESIDENT AT THE ADDRESS OF THE APARTMENT HOME OR AT ANY FORWARDING ADDRESS GIVEN BY RESIDENT TO OWNER IN WRITING.SALE SHALL BE TO THE HIGHEST CASH BIDDER;PROCEEDS OF THE SALE SHALL BE FIRST CREDITED TO COSTS OF THE SALE AND THEN TO THE INDEBTEDNESS;AND SURPLUS,IF ANY,SHALL BE MAILED TO Owner's Agent's Initials Resident's Initials ©Camden,2004. 4 RESIDENT AT THE ABOVE ADDRESS.RESIDENT MAY REDEEM THE PROPERTY AT ANY TIME BEFORE.THE PROPERTY IS SOLD BY PAYING TO THE OWNER OR THE OWNER'S MANAGING AGENT ALL DELINQUENT RENTS AND ALL REASONABLE PACKING,MOVING, STORAGE AND SALE COSTS. IT IS AGREED THAT NONE OF THE ABOVE PROCEDURES SHALL NECESSITATE PRIOR COURT HEARING OR SUBJECT OWNER TO ANY LIABILITY. The terms of the Addendum are agreed to and accepted by: OWNER: RESIDENT(S): Camden Terrace Apartments Signature: By: Camden Development,Inc.,as agent,not as principal, Name Printed: for the Owner Date: Signature: e Name Printed: Signature: Title:Community Manager Name Printed: Date:09/26/2005 Date: Signature: Name Printed: Date: Signature: Name Printed: Date: Owner's Agent's Initials Resident's Initials Camden,2004. 5 EXHIBIT A Subchapter H.Utility Submetering and Allocation;Chapter 291,Utility Regulations Excerpt from Title 30,Environmental Quality;Texas Administrative Code Part 1,Texas Commission on Environmental Quality §291.121 General Rules and Definitions (a)Purpose and scope.The provisions of this subchapter are intended to establish a comprehensive regulatory system to assure that the practices involving submetercd and allocated billing of dwelling units and multiple use facilities for water and sewer utility service arc just and reasonable and include appropriate safeguards for tenants. (b)Application.The provisions of this subchaptcr shall apply to apartment houses,condominiums,multiple use facilities,and manufactured home rental communities billing for water and wastewater utility service on a submetered or allocated basis. (c)Definitions.The following words and terms,when used in this subchapter,shall have the following meanings unless the context clearly indicates otherwise. (1)Allocated utility service.Water or wastewater utility service that is master metered to an owner by a retail public utility and allocated to tenants by the owner. (2)Apartment house. A building or buildings containing five or more dwelling units which are occupied primarily for nontransient use,including a residential condominium whether rented or owner occupied,and if a dwelling unit is rented,having rental paid at intervals of one month or longer. (3)Customer service charge. A customer service charge is a rate which is not dependent on the amount of water used through the master meter. (4)Dwelling unit. One or more rooms in an apartment house or condominium,suitable for occupancy as a residence,and containing kitchen and bathroom facilities;a unit in a multiple use facility;or a manufactured home in a manufactured home rental community. (5)Dwelling unit base charge. A dwelling unit base charge is a Oat rate or fee charged by a retail public utility for each dwelling unit recorded by the retail public utility. (6)Master meter. A meter used to measure,for billing purposes,all water usage of an apartment house,condominium,multiple use facility,or manufactured home rental community,including common areas,common facilities,and dwelling units. (7)Manufactured home rental community. A property on which spaces are rented for the occupancy of manufactured homes for nontmnsient residential use and for which rental is paid at intervals of one month or longer. (8)Multiple use facility. A commercial or industrial park,office complex or marina with five or more units which are occupied primarily for nontransient use and are rented at intervals of one month or longer. (9)Occupant. A tenant or other person authorized under a written agreement to occupy a dwelling. (10)Owner. The legal titleholder of an apartment house,manufactured home rental community,or multiple use facility;a condominium association;or any individual,firm,or corporation that purports to be the landlord of tenants in an apartment house, manufactured home rental community,or multiple use facility. (11)Submetered utility service. Water utility service that is master metered for the owner by the retail public utility and individually metered by the owner at each dwelling unit;or wastewater utility service based on submetered water utility service. (12)Tenant. A person who owns or is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and,if rent is paid,who is obligated to pay for the occupancy under a written or oral rental agreement. (13)Utility service. For purposes of this subchapter,utility service shall only include drinking water and wastewater. Source Note:The provisions of this§291.121 adopted to be effective September 27,2000,25 TexReg 9635 §291.122 Owner Registration and Records (a)Registration.An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the executive director in a form prescribed by the executive director. (b)Except as provided by subsections(c)and(d)of this section,a manager of a condominium or the owner of an apartment house, manufactured home rental community,or multiple use facility,on which construction begins after January 1,2003,shall provide for the measurement of the quantity of water,if any,consumed by the occupants of each unit through the installation of: (1)submeters,owned by the property owner or manager,for each dwelling unit or rental unit;or (2)individual meters,owned by the retail public utility,for each dwelling unit or rental unit. (c)An owner of an apartment house on which construction begins after January 1,2003,and which provides government assisted or subsidized rental housing to low or very low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters for the measurement of the quantity of water,if any,consumed by the occupants of each unit. (d)On the request by the property owner or manager,a retail public utility shall install individual meters owned by the utility in an apartment house,manufactured home rental community,multiple use facility,or condominium on which construction begins after January 1,2003,unless the retail public utility determines that installation of meters is not feasible.If the retail public utility determines that installation of meters is not feasible,the property owner or manager shall install a plumbing system that is compatible with the installation of submeters or individual meters.A retail public utility may charge reasonable costs to install individual meters. (e)Records.The owner shall make the following records available for inspection by the tenant or the executive director at the onsite manager's office during normal business hours in accordance with subsection(g)of this section.The owner may require that the request by the tenant be in writing: (1)a current and complete copy of Texas Water Code,Chapter 13,Subchapter M; (2)a current and complete copy of this subchapter; (3)a current copy of the retail public utility's rate structure applicable to the owner's bill; (4)information or tips on how tenants can reduce water usage; (5)the bills from the retail public utility to the owner; (6)for allocated billing: Owner's Agent's Initials Resident's Initials ©Camden,2004. 6 :�.:�•> (A)the formula,occupancy factors,if any,and percentages used to calculate tenant bills; (B)the total number of occupants or equivalent occupants if an equivalency factor is used under§291.124(e)(2);and (C)the square footage of the tenant's dwelling unit or rental space and the total square footage of the apartment house,manufactured home rental community or multiple use facility used for billing if dwelling unit size or rental space is used. (7)for submetered billing: (A)the calculation of the average cost per gallon,liter or cubic foot; (B)if the unit of measure of the submeters differs from the unit of measure of the master meter,a chart for converting the tenant's submeter measurement to that used by the retail public utility; (C)all submeter readings;and (D)all submeter test results; (8)the total amount billed to all tenants each month; (9)total revenues collected from the tenants each month to pay for water and wastewater service;and (10)any other information necessary for a tenant to calculate and verify a water and wastewater bill. (f)Records retention.Each of the records required under subsection(e)of this section shall be maintained for the current year and the previous calendar year,except that all submeter test results shall be maintained until the submeter is permanently removed from service. (g)Availability of records. (1)If the records required under subsection(e)of this section are maintained at the onsite manager's office,the owner shall make the records available for inspection at the onsite manager's office within three days after receiving a written request. (2)If the records required under subsection(e)of this section are not routinely maintained at the onsite manager's office,the owner shall provide copies of the records to the onsite manager within 15 days of receiving a written request from a tenant or the executive director. 4 (3)If there is no onsite manager,the owner shall make copies of the records available at the tenant's dwelling unit at a time agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant. (4)Copies of the records may be provided by mail if postmarked by midnight of the last day specified in paragraphs(1),(2),or(3)of this subsection. Source Note:The provisions of this§291.122 adopted to be effective September 27,2000,25 TexReg 9635;amended to be effective August 29,2002,27 TexReg 7924§291.123 Rental Agreement (a)Rental agreement content.The rental agreement between the owner and tenant shall clearly state in writing: (1)the tenant will be billed by the owner for submetered or allocated utility services,whichever is applicable; (2)which utility services will be included in the bill issued by the owner; (3)any disputes relating to the computation of the tenant's bill or the accuracy of any submetering device will be between the tenant and the owner; (4)the average monthly bill for all dwelling units in the previous calendar year and the highest and lowest month's bills for that period; (5)if not submetered,a clear description of the formula used to allocate utility services; (6)information regarding billing such as meter reading dates,billing dates,and due dates; (7)the period of time by which owner will repair leaks in the tenant's unit and in common areas,if common areas are not submetered; (8)the tenant has the right to receive information from the owner to verify the utility bill;and (9)for manufactured home rental communities,the service charge percentage that will be billed to tenants. (b)Requirement to provide rules or summary.At the time a rental agreement is discussed,the owner shall provide a copy of this subchapter or a copy of the executive director's summary of the rules to the tenant to inform the tenant of his rights and the owner's responsibilities under this subchapter. (c)Tenant agreement to billing method changes.An owner shall not change the method by which a tenant is billed unless the tenant has agreed to the change by signing a lease or other written agreement.The owner shall provide notice of the proposed change at least 35 days prior to implementing the new method. (d)Change from submetered to allocated billing.An owner shall not change from submetered billing to allocated billing,except after receiving written approval from the executive director afler a demonstration of good cause and if the rental agreement requirements under subsections(a),(b),and(c)of this section have been met.Good cause may include: (1)equipment failures;or (2)meter reading or billing problems that could not feasibly be corrected. (e)Waiver of tenant rights prohibited.A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapter is void. Source Note:The provisions of this§291.123 adopted to be effective September 27,2000,25 TexReg 9635§291.124 Charges and Calculations (a)Prohibited charges.Charges billed to tenants for submetered or allocated utility service shall only include bills for water or wastewater from the retail public utility and shall not include any fees billed to the owner by the retail public utility for any deposit, disconnect,reconnect,late payment,or other similar fees. (b)Dwelling unit base charge.If the retail public utility's rate structure includes a dwelling unit base charge,the owner shall bill each dwelling unit for the base charge applicable to that unit.The owner shall not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c)Customer service charge.If the retail public utility's rate structure includes a customer service charge,the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units,including vacant units,that can receive service through the master meter serving the tenants. (d)Calculations for submetered utility service.The tenant's submetered charges shall include the dwelling unit base charge and customer service charge,if applicable,and the gallonage charge and shall be calculated each month as follows: (1)water utility service:the retail public utility's total monthly charges for water service(less dwelling unit base charges or customer service charges if applicable),divided by the total monthly water consumption measured by the retail public utility to obtain an Owner's Agent's Initials Resident's Initials ©Camden,2004. 7 average water cost per gallon,liter or cubic foot,multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2)wastewater utility service:the retail public utility's total monthly charges for wastewater service(less dwelling unit base charges or the customer service charge if applicable),divided by the total monthly water consumption measured by the retail public utility, multiplied by the tenant's monthly consumption or the volumetric wastewater rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (3)service charge for manufactured home rental community:a manufactured home rental community may charge a service charge in an amount not to exceed 9%of the tenant's charge for submetered water service; (4)Final bill on move-out for submetered service.If a tenant moves out during a billing period,the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner is billing using the average water or wastewater cost per gallon,liter or cubic foot as described in paragraph(1)of this subsection,the owner may calculate the tenant's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption for the billing period. (e)Calculations for allocated utility service. (1)Before an owner may allocate the retail public utility's master meter bill for water and sewer service to the tenants,the owner shall first deduct: (A)dwelling unit base charges or customer service charge,if applicable;and (B)common area usage such as installed landscape irrigation systems,pools and laundry rooms,if any,as follows: (i)if all common areas are separately metered or submetered,deduct the actual common area usage; (ii)if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is an installed landscape irrigation system,deduct at least 25%of the retail public utility's master meter bill? (iii)if all water used for an installed landscape irrigation system is metered or submetercd and there are other common areas such as pools or laundry rooms that are not metered or submetered,deduct at least 5%of the retail public utility's master meter bill;or (iv)if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is no installed landscape irrigation system,deduct at least 5%of the retail public utility's master meter bill. (2)To calculate a tenant's bill: (A)for an apartment house,the owner shall multiply the amount established in subsection(c)(I)of this section by: (i)the number of occupants in the tenant's dwelling unit divided by the total number of occupants in all dwelling units at the beginning of the month for which bills are being rendered;or (ii)the number of occupants in the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants in all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total.The ratio occupancy formula will reflect what the owner believes more accurately represents the water use in units which are occupied by multiple tenants.The ratio occupancy formula which is used must assign a fractional portion per tenant of no less than that on the following scale: (1)dwelling unit with one occupants= 1 (11)dwelling unit with two occupants- 1.6 (III)dwelling unit with three occupants=2.2 (IV)dwelling unit with more than three occupants=2.2+0.4 per each additional occupant over three;or (iii)the average number of occupants per bedroom,which shall be determined by the following occupancy formula.The formula shall calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below,notwithstanding the actual number of occupants in each of the dwelling unit's bedrooms or all dwelling units: (I)dwelling unit with an efficiency= I (11)dwelling unit with one bedroom=1.6 (111)dwelling unit with two bedrooms=2.8 (IV)dwelling unit with three bedrooms—4+ 1.2 for each additional bedroom;or (iv)a factor using a combination of square footage and occupancy in which no more than 50%is based on square footage.The square footage portion shall be based on the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house;or (v)the individually submetered hot or cold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage in all dwelling units. (B)a condominium manager shall multiply the amount established in subsection(e)(1)of this section by any of the factors under subparagraph (A)of this paragraph or may follow the methods outlined in the condominium contract; (C)for a manufactured home rental community,the owner shall multiply the amount established in subsection(e)(1)of this section by: (i)any of the factors developed under subparagraph(A)of this paragraph;or (ii)the area of the individual rental space divided by the total area of all rental spaces. (D)for a multiple use facility,the owner shall multiply the amount established in subsection(c)(I)of this section by: (i)any of the factors developed under subparagraph(A)of this paragraph;or (ii)the square footage of the rental space divided by the total square footage of all rental spaces. (3)Partial month's bill for move-in or move-out.If a tenant moves in or out during a billing period,the owner may calculate a bill for the tenant.If the tenant moves in during a billing period,the owner shall prorate the bill by calculating a bill as if the tenant were there for the whole month and then charging the tenant for only the number of days the tenant lived in the unit divided by the number of days in the month multiplied by the calculated bill. If a tenant moves out during a billing period before the owner receives the bill for that period from the retail public utility,the owner may calculate a final bill.The owner may calculate the tenant's bill by calculating the tenant's average bill for the last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month. Owner's Agent's Initials Resident's Initials ©Camden,2004. 8 (f)Conversion to approved allocation method.Within 365 days after the effective date of this subchapter,an owner using an allocation formula other than those approved in subsection(e)of this section shall provide notice as required under§291.123(c)of this title (relating to Rental Agreement)and either: (1)adopt one of the methods in subsection(e)of this section;or (2)install submeters and begin billing on a submetered basis;or (3)discontinue billing for utility services. Source Note:The provisions of this§291.124 adopted to be effective September 27,2000,25 TexReg 9635 §291.125 Billing (a)Monthly billing of total charges.The owner shall bill the tenant each month for the total charges calculated under§291.124 of this title(relating to Charges and Calculations).If it is permitted in the rental agreement,an occupant or occupants who are not residing in the rental unit for a period longer than 30 days may be excluded from the occupancy calculation and from paying a water and sewer bill for that period. (b)Rendering bill. (I)Allocated bills shall be rendered as promptly as possible after the owner receives the retail public utility bill. (2)Submeter bills shall be rendered as promptly as possible after the owner receives the retail public utility bill or according to the time schedule in the rental agreement if the owner is billing using the retail public utility's rate. (c)Submeter reading schedule.Submeters shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule in the rental agreement if the owner is billing using the retail public utility's rate. (d)Billing period. (1)Allocated bills shall be rendered for the same billing period as that of the retail public utility,generally monthly,unless service is provided for less than that period. .3 (2)Submeter bills shall be rendered for the same billing period as that of the retail public utility,generally monthly,unless service is provided for less than that period.If the owner uses the retail public utility's actual rate,the billing period may be an alternate billing period specified in the rental agreement. (e)Multi-item bill.If issued on a multi-item bill,charges for submetered or allocated utility service shall be separate and distinct from any other charges on the bill. (f)Information on bill.The bill shall clearly state the utility service is submetered or allocated as applicable and shall include all of the following: (1)total amount due for submetered or allocated water; (2)total amount due for submetered or allocated wastewater; (3)total amount due for dwelling unit base charge(s)or customer service charges or both,if applicable; (4)total amount due for water or wastewater usage,if applicable; (5)the name of the retail public utility and a statement that the bill is not from the retail public utility; (6)name and address of the tenant to whom the bill is applicable; (7)name of the firm rendering the bill and the name or title,address,and telephone number of the firm or person to be contacted in case of a billing dispute;and (8)name,address,and telephone number of the party to whom payment is to be made. (g)Information on submetered service. In addition to the information required in subsection(f)of this section,a bill for submetered service shall include all of the following: (1)the date and reading of the submcter at the beginning and at the end of the period for which the bill is rendered; (2)the number of gallons,liters,or cubic feet metered; (3)the cost per gallon,liter,or cubic foot for each service provided;and (4)total amount due for a service charge charged by an owner of a manufactured home rental community,if applicable. (h)Due date.The due date on the bill shall not be less than 16 days after it is mailed or hand delivered to the tenant,unless the due date falls on a federal holiday or weekend in which case the following work day shall be the due date.The owner shall record the date the bill is mailed or hand delivered. A payment is delinquent if not received by the due date. (i)Estimated bill.An estimated bill may be rendered if a master meter or submcter has been tampered with,cannot be read,or is out of order;and in such case the bill shalt be distinctly marked as an estimate and the subsequent bill shall reflect an adjustment for actual charges. 6)Payment by tenant.Unless utility bills are paid to a third party billing company on behalf of the owner,or unless clearly designated by the tenant,payment shall be applied first to rent and then to utilities. (k)Overbilling and underbilling.If a bill is issued and subsequently found to be in error,the owner shall calculate a billing adjustment.If the tenant is due a refund,an adjustment shall be calculated for all of that tenant's bills that included overcharges.If the over billing or under billing affects all tenants,an adjustment shall be calculated for all of the tenants'bills.If the tenant was undercharged,and the cause was not due to submcter error,the owner may calculate an adjustment for bills issued in the previous six months.If the total undercharge is$25.00 or more,the owner shall offer the tenant a deferred payment plan option,for the same length of time as that of the underbilling.Adjustments for usage by a previous tenant shall not be backbilled to a current tenant. (1)Disputed bills.In the event of a dispute between a tenant and an owner regarding any bill,the owner shall investigate the matter and report the results of the investigation to the tenant in writing.The investigation and report shall be completed within 30 days from the date the tenant gives written notification of the dispute to the owner. Source Note:The provisions of this§291.125 adopted to be effective September 27,2000,25 TexReg 9635 §291.126 Discontinuance of Service (a)Disconnection for nonpayment.A tenant's water utility service may be disconnected if payment was not received by the due date, and the owner issues a disconnection notice after the due date at least ten days prior to a stated date of disconnection. (b)Disconnection notice.The notice issued by an owner under this section shall include the following: (1)the words"disconnection notice"prominently displayed; (2)the amount and date payment must be received by the owner to avoid disconnection; Owner's Agent's Initials Resident's Initials 0 Camden, 2004. 9 (3)the date service will be disconnected if payment is not received;and (4)a local address where the tenant can go during normal business hours to make arrangements for payment of the bill and for reconnecting service. (c)Disconnection on holidays and weekends.Unless a dangerous condition exists which is related to the type of service provided,or unless the tenant requests disconnection,service shall not be disconnected on a day,or on a day immediately preceding a day,when the owner or his representative is not available to collect payments and reconnect service. Source Note:The provisions of this§291.126 adopted to be effective September 27,2000,25 Tex Reg 9635 §291.127 Submeters and Plumbing Fixtures (a)Submeters. (1)Same type submeters required.All submeters throughout a property shall use the same unit of measurement,such as gallon,liter, or cubic foot. (2)Installation by owner.The owner shall be responsible for providing,installing,and maintaining all submeters necessary for the measurement of water to tenants and to common areas,if applicable. (3)Submeter tests prior to installation.No submeter shall be placed in service unless its accuracy has been established.If any submeter is removed from service,it shall be properly tested and calibrated before being placed in service again. (4)Accuracy requirements for submeters.Submeters shall be calibrated as close as possible to the condition of zero error and within the accuracy standards established by the American Water Works Association(AW WA)for water meters. (5)Location of submeters.Submeters shall be installed in accordance with applicable plumbing codes and AW WA standards for water meters,and shall be readily accessible to the tenant and to the owner for reading,testing,and inspection where such activities will cause minimum interference and inconvenience to the tenant. (6)Submeter records.The owner shall maintain a recofd on each submetcr which includes: (A)an identifying number; (B)the installation dale(and removal date if applicable); (C)date(s)the submeter was calibrated or tested; (D)copies of all tests;and (E)the current location of the submeter. (7)Submeter lest on request of tenant.Upon receiving a written request from the tenant,the owner shall either: (A)provide evidence,at no charge to the tenant,that the submeter was calibrated or tested within the preceding 24 months and determined to be within the accuracy standards established by the AW WA for water meters;or (B)have the submeter removed and tested and promptly advise the tenant of the test results. (8)Billing for submeter test. (A)The owner shall not bill the tenant for testing costs if the submcter fails to meet AW WA accuracy standards. (B)The owner shall not bill the tenant for testing costs if there is no evidence the submetcr was calibrated or tested within the preceding 24 months. (C)The owner may bill the tenant for actual testing costs(not to exceed$25)if the submeter meets A W WA accuracy standards and evidence as described in subsection(a)(7)(A)of this section was provided to the tenant. (9)Bill adjustment due to submeter error. if a submeter does not meet AW WA accuracy standards and the tenant was overbilled,an adjusted bill shall be rendered in accordance with§291.125(k)of this title(relating to Billing).The owner shall not charge the tenant for any underbilling that occurred because the submeter was in error. (10)Submeter testing facilities and equipment.An owner shall comply with the meter testing requirements applicable to utilities under §291.89(e)of this title(relating to Meters). (b)Plumbing fixtures.After January 1,2003,before an owner of an apartment house,manufactured home rental community,or multiple use facility or a manager of a condominium may implement a program to bill tenants for submetered or allocated water service,the owner or manager must adhere to the following standards. (1)Texas Health and Safety Code(THSC),§372.002,for sink or lavatory faucets,faucet aerators,and showerheads; (2)perform a water leak audit of each dwelling unit or rental unit and each common area and repair any leaks found. (3)not later than the first anniversary of the date an owner of an apartment house,manufactured home rental community,or multiple use facility or a manager of a condominium begins to bill for submetered or allocated water service,the owner or manager shall: (A)remove any toilets that exceed a maximum(low of 3.5 gallons per flush;and (B)install 1.6-gallon toilets that meet the standards prescribed by THSC,§372.002. (e)Subsection(b)of this section does not apply to a manufactured home rental community owner who does not own the manufactured homes located on the property of the manufactured home rental community. Source Note:The provisions of this§291.127 adopted to be effective September 27,2000,25 Tex Reg 9635;amended to be effective August 29,2002,27 TexReg 7924 For additional information or if you have questions,write or call the: Texas Commission on Environmental Quality Water Supply Division Utility and District Oversight Team,MC-153 P.O.Box 13087,Austin,Texas 78711-3087 Ph:(512)239-4691 Owner's Agent's Initials Resident's Initials w ©Camden,2004. 10 Community Policies For: Camden Terrace (To be executed upon execution of the Apartment Rental Contract) APARTMENT HOME: 1305 Alexis Ave Apt 332 Fort Worth, TX 76120-3833 RESIDENT(S): Mark Matranga LEASE DATE: September 28, 2005 We are glad that you chose to make this community your home. Owner's managing agent has the right to make reasonable rules from time to time,which may be needed to enhance the cleanliness and orderliness of the Community, and safety and comfort of the residents. Noticr,of any policy change will be made in writing and delivered to your apartment door. These Community Policies shall be considered to be part of the Apartment Rental Contract(the"Lease")executed by the Resident(s) signing these Community Politics. A violation of these Community Policies shall be deemed to be a violation of the Lease; in which event,Owner shall be entitled to pursue all rights and remedies as if Resident violated the Lease. Unless otherwise indicated,capitalized terms used in this document shall refer to those terms identified in the Lease. Additionally,the terms"you"and"your"shall also refer to the Resident. For convenience,the following Community Policies are presented in alphabetical order. Access Cates/Entry Devices Each person, not to include minors, listed on page 1 of the Lease will be given a swipe card/remote/sticker/fob to use while living here. Each additional card for you or other occupants, including minor children, will require a $50.00 deposit and/or a$50.00 fee. if a remote/swipe card/sticker/fob is lost, stolen or damaged a $50.00 fee will be charged for a replacement. if a remote/swipe card/sticker/fob is not returned or is returned damaged when you move-out, there will be a $50.00 deduction from your security deposit. Please immediately report to the office any malfunction or damage to gates,fencing,locks or related equipment. Please take the following precautions in using electronic gates: • Always approach entry and exit gates with caution and at a very slow rate of speed. • Always wait for gate to fully open before entering or exiting gate. • Never stop your car where the gate can hit your vehicle as the gate opens or closes. • Never follow another vehicle into an open gate. Always use your remote/swipe card/sticker/fob to gain entry. • Never force the gate open with your car. • Never play in,on or around the gate. • Never get out of your vehicle while the gates are opening or closing. • Always contact Owner's managing agent for assistance when passing through the gates with a boat or trailer. The length and width of the trailer may cause recognition problems with the safety loop detector and could cause damage. • Never operate the gate if there are small children nearby who might get caught in it as it opens or closes. • Always contact the Owner's managing agent immediately if you lose your remote/swipe card/sticker/fob. • Never give your remote/swipe card/sticker/fob to a non-resident or occupant. • Always contact the Owner's managing agent any time your phone number changes. Your new phone number will be entered into the gate system so you can give access to your guests/deliveries from your apartment. Apartment Home and Equipment Care inside your apartment you have the freedom to decorate by hanging pictures, etc. in accordance with your lease agreement limitations. You are responsible for the care of your appliances and other equipment within your home. The following information outlines your responsibilities in maintaining your apartment home. Revised August 2004. I • You may not alter the Apartment Home or change any partitions, doors or windows, add locks, paint, wallpaper or contact paper or put screws or hooks into the walls or ceilings or mirrored tiles. Please do not glue mirrors,cork,picture hangers or wall decor to the walls. • Pictures should be hung with small picture hooks. • We allow waterbeds on the first floor only. Proof of liability insurance of at least$100,000 is required. • Hot pots and pans,cigarettes or other hot items should not be placed directly on the kitchen counter. Cutting should be done on cutting boards and not on kitchen counters. • Light bulbs are provided when you move in. Thereafter, it is your responsibility to replace all light bulbs with the same type and wattage. • Indoor clay pots must have plastic bowls or saucers placed under them. • Please do not use toilets, drains or other plumbing fixtures and appliances for any purposes other than those for which they are intended. Do not deposit sweepings, rubbish of any kind, disposable diapers, cat litter, aquarium gravel,etc. into toilets. • Do not empty ashtrays, grease, string, metal objects, bones or any non-food items into garbage disposals. Turn on cold water when using the garbage disposal. It is important to maintain a sufficient flow of water to flush shredded waste through the drains even after the disposal has been turned off. Barbeque Grills To comply with fire laws and insurance requirements, the use of barbequc grills of any type, including hibachis and smokers, are not permitted within twenty (20)Tect of the building (including a balcony) or overhang. Violators are deemed to be in default of the Lease and may be subject to a fine. Business Center(If Applicable) The Business Center is provided for the convenience of all residents; however, no one under the age of 14 may use the facility without parent/guardian supervision or authorization from Owner's managing agent. Computers,fax machines, phones and copiers are available for everyone to use. • Fax Machine—The fax machine is capable of outgoing local faxes only. For long distance faxes, you must use your own calling card number. The number for incoming faxes is 817.860.0033. Please arrange to pick up your incoming faxes as soon as possible. • Computers—Do not attempt to change permanent,basic set-up of the computers or programs, such as page orientation, font size, etc. All personal files will be deleted on a regular basis to ensure that the computers will continue to have space available for other users. Using the computers in the Business Center to display or gain access to pornography or other offensive material is prohibited. When using programs with sound,be mindful of others in the room and turn off the speakers or use headphones. The speaker's muting button is at the lower left of the monitor. Consumable items,such as printer paper,when exhausted, are available in the office. If any of the equipment is out of working order report it to the Owner's managing agent immediately. Please leave the room as clean as you found it. Community Appearance The community staff works hard to maintain the attractive appearance of this Community. We request that you assist us in the following ways. • Keep sidewalks,steps,and stairways unobstructed and do not use for any purpose other than those of ingress or egress. Toys and bicycles must not be left in driveways,parking lots,sidewalks,breezeways or in front of stairs. • Please keep your patios and balconies clean. Balconies and patios are not intended for storage. Other personal items, including, but not limited to, trash, boxes and general clutter, must be stored elsewhere or disposed of properly. • To keep the overall appearance of the community attractive,please do not hang,display,attach or expose to public view television or radio antennas, signs, advertising, clothes lines, clothing, laundry, mops, brooms, foil, solar screens, masking tape, decal or other foreign material to any building, carport, window, windowsill, fence or any part of the grounds that can be seen from the exterior. No shades,screens,awnings or other projections should be attached to or extended beyond the outside walls,windows,or doors. • All draperies must have a white backing and installed so that they are not visible from the outside. Colored blinds are not allowed nor colored drapes that are visible on the outside of the apartment. Conduct and Noise Close proximity to your neighbors dictates certain rules and policies for your comfort and that of your neighbors. You should conduct yourself and require your guests to conduct themselves in a manner that will not disturb a neighbor's peaceful enjoyment of the Community. It is your responsibility to supervise and protect all occupants or guests Revised August 2004. 2 �_ residing with you. In consideration of your neighbors please be particularly quiet after 10:00 p.m. and before 9:00 a.m. Owner's managing agent has the right to determine what constitutes disorder, or interference with the rights and comforts of other residents. For the safety of all persons and out of respect for other residents,please adhere to the following: • Playing in or around parked cars,driveways,parking lots,decorative landscaping such as flowers and shrubs, trash receptacles,other resident's apartment windows or entranceways is not allowed. • Toys that make disturbing or annoying noises are prohibited outdoors. • Air guns,slingshots,or B.B.guns may not be used on or around the Community. • Musical devices should not be played so that they disturb other residents. Televisions,stereos or other sound systems should not be heard outside of your Apartment Home at any time. Speakers and/or surround sound equipment should be kept away from the walls and the bass kept at such a level as to not disturb your neighbors. Stereos and/or sound systems in vehicles should not be heard from outside of the vehicle. Deliveries/Apartment Access We do not allow delivery/repair services access to your Apartment Home unless you have completed an Authorization to Enter form that is available at the Welcome Center. The Owner or the Owner's managing agent is not responsible for deliveries to residents. 4' Fire Prevention/Response Fires can be a serious problem in apartment communities due to the number of families living within each building. Most often started through carelessness with cooking, matches, cigarettes and fireplaces, many fires can be avoided using caution and common sense. Please practice fire safety precautions to prevent fires from starting. Plan an exit strategy and practice fire drills with other family members. It is your responsibility to replace dead or missing batteries in your smoke detector. Never disable your smoke detector. In case of fire,call 911 then e-vit your apartment. Do not rush out the door into the hallway. First feel the door. If it is hot, use another way out. If the door is cool, leave but observe exit corridors carefully. Never attempt to use elevators(if applicable). Always use the stairs. Remember,a little bit of planning and awareness can make the difference between safety and disaster for everyone. Keys and Locks One set of apartment keys including a mailbox key,per adult listed on page one of the Lease,is issued when you move in. Our staff will be happy to make duplicate apartment keys for a fee of$5.00, unless otherwise prohibited by applicable law. Please notify the Owner's managing agent if your keys are lost or stolen. If you wish to have your lock changed or rekeyed,please complete a Lock Change Request form that is available at the Welcome Center. All lock changes must be handled by Owner's managing agent and, unless otherwise prohibited by applicable law,there may be a$25.00 service fee. If you require a key to your apartment after regular business hours you must pay a fee of $25.00 and proper identification may be required before access is given. Maintenance Service If you need service in your apartment please submit your request to our office during regular business hours. Non- emergency requests will be completed in a timely manner during business hours, Monday through Friday. Upon completion of the work,we will leave written verification of work performed in your apartment. For emergency maintenance during business hours call our office. Our phone number is (817) 860-4002. After business hours, call our answering service at 817.794.1714. Leave your name, apartment number, telephone number and identify the emergency. We will respond as quickly as possible. Maintenance emergencies may include the following: • No electricity,heat or AC • Sewer back up or toilet stopped up(if Apartment Home has only one toilet) • No hot or cold water • Any water leak • Essential appliance not working Revised August 2004. 3 • Any unsecured entry Resident locked out of Apartment Home • Malfunctioning controlled access gates If property or personal safety is at risk,call 911 immediately then notify the office or answering service. Pest Control We provide pest control at regular intervals. Please report any pest control problems to the office. You may call the office to find out when extermination service will be servicing your building. If you do not allow entry into your apartment a$25.00 fee may be charged. Solicitation Door-to-door soliciting is not permitted within the Community unless approved in advance by Owner's managing agent. No signs,advertisements,notices or other lettering should be placed anywhere in the Community. Distribution of notices, leaflets or similar materials or any other form of solicitation is prohibited. Please notify us immediately if you observe solicitors in the Community. Swimming Pool and Spa Pools are provided for the enjoyment of all residents. Please help us keep the pools clean and safe by remembering the following: • Conduct of persons using the pool or spa shall be such that it will not endanger the safety of others. You assume all risk of personal injury to yourself, your family or your guests in the pool or pool area. No lifeguard or other safety personnel will be on duty at the swimming pool or spa at any time unless required by state or local law. • Posted pool rules are to be followed. Failure to observe swimming pool rules could result in loss of pool privileges. • Dial 911 for EMS or police emergencies. • Safety equipment is to be used only in case of an emergency. • Do not exceed the maximum number of users in the spa. Any pregnant person should not use the spa without medical consultation. Small children should not use the spa. Hot water exposure limitations vary from person to person. Persons should not enter the spa without medical consultation and permission from their doctor if they suffer from heart disease,diabetes,high or low blood pressure or other health problems. Over exposure to hot water may cause nausea,dizziness and fainting. • Persons under the influence of alcohol,narcotics or other drugs that cause sleepiness,drowsiness or raises or lowers blood pressure should not use the pool or spa. • Enter and exit the spa slowly. Keep all breakable objects out of the pool and/or spa areas. Do not use electrical appliances (telephone, radio, tv, etc.) within five feet of the pool or spa. Do not operate the spa during severe weather conditions; (e.g. electrical storms or tornadoes). Do not use or operate the spa if the suction outlet cover is missing,broken or loose. • Pool gates must be kept latched at all times. • Guests are limited to two (2) per Apartment Home at any one time and must be accompanied by an adult resident at all times. • Animals(other than support animals for a disabled person)are not permitted in pools or fenced pool areas at any time. • Glass containers are prohibited. • Proper swimwear is required in the pools or spa–no cut off shorts or thong type swimwear. • Radios should be played at a low volume that does not disturb others. Neither the Owner nor the Owner's managing agent is liable for any injury or accident resulting from violation of any posted or published swimming pool niles. Trash For convenience,trash receptacles are located at specific locations throughout the community. Please do not place trash of any kind outside your front door or on your patio/balcony. Vehicles Please park all vehicles in parking areas provided. Do not park in fire lanes. Inoperable vehicles, including those with expired license plates,may be towed at the owner's expense. • Motorcycles—Motorcycles or other vehicles may not be parked or stored in courtyards, under stairways, in front of or inside your Apartment Home. • Boats, Trailers or Recreational Vehicles--If the Community permits boats, trailers, motor homes or recreational vehicles on the Community, they must be parked only in Owner's managing agent-designated areas. Submit appropriate documentation to obtain written consent from Owner's managing agent. Revised August 2004. 4 • Vehicle Alarms—Owner's managing agent may tow, at the vehicle owner's or operator's expense (to the extent allowed by applicable law),a vehicle that has an anti-theft alarm or horn that sounds and disturbs other residents. Unless otherwise provide by applicable law, this policy is considered legal notice to the vehicle owner/operator and no further notice is necessary. Resident's Acknowledgement By signing below, you acknowledge that you have received a copy of the Community Policies and agree that you are aware of the rules and regulations and are subject to them in their entirety. You also agree to abide by all amendments and additions to said rules and policies after due notice of any such amendments or additions. The terms of these Community Policies are agreed to and accepted by: OWNER: RESIDENT(S) Camden Terrace Apartments Signature: By:Camden Development,Inc.,as agent,not as principal,for Name Printed: the Owner ti Date: Signature: Name Printed:Carla Hays Signature: Title:Camden Associate Name Printed: Date:09/26/2005 Date: Signature: Name Printed: Date: Signature: Name Printed: Date: Revised August 2004. 5 r EXHIBIT "E" TENANCY AllDENDUM 1. KATRINA Interim Shelter Program Contract or transfer the unit. a. Apartment is leasing the unit ("Rental Unit') as described in the lease to which this 4. Rent to Apartment addendum is attached ("Lease Contract") to a. The initial rent to Apartment may not the tenant for occupancy by the tenant's exceed the amount approved by City in family with funding for a tenancy under the accordance with Program requirements. Katrina interim shelter program ("Program") b. Changes in the rent for any Rental Unit shall of the City of Fort Worth,Texas("City"). be determined by the provisions of the Lease b. Apartment has entered into an Interim Contract. However, Apartment may not Shelter Agreement ("Agreement") with City raise the rent during the initial term or any for the Program. Under the Agreement, City renewal term of the Lease Contract. will make Program payments to Apartment to assist the tenant in leasing the Remal�Jnit 5. 'Tenant Payment to Apartment from Apartment. a. Each month, City will make a Program payment to Apartment on behalf of tenant in 2. Lease accordance with the Agreement. The a. Apartment will give City a copy of the monthly Program payment shall be applied executed Lease Contract, including any to the monthly rent to Apartment for the revisions agreed by Apartment and the Rental Unit. tenant. Apartment certifies that the terms of c. The tenant is not responsible for paying the the Lease Contract are in accordance with portion of rent to Apartment covered by City all provisions of the Agreement and that the Program payment under the Agreement Lease Contract includes this tenancy between Apartment and City. An uncured addendum. failure by City to pay the Program payment b. The tenant and Apartment shall have the to Apartment is ground for Apartment to right to enforce this Tenancy Addendum terminate the tenancy for nonpayment of against the other party. If there is any City Program payment, however, tenant conflict between the Tenancy Addendum shall not be obligated for any rent and any other provisions of the Lease deficiency. Contract, the language of the Tenancy d. Apartment may not charge or accept, from Addendum shall control. the tenant or from any other source, any payment for rent of the Rental Unit in 3. Use of Rental Unit addition to the rent amount set forth in the a. During the Lease Contract term, the tenant Lease Contract. Rent to Apartment includes will reside in the Rental Unit with Program all housing services, maintenance, utilities payments from City. and appliances to be provided and paid by b. The composition of the tenant's household Apartment in accordance with the Lease must be approved by City. The tenant must Contract. promptly inform City of the birth, adoption or court-awarded custody of a child by tenant or any person residing in tenant's G. Other Fees and Charges Rental Unit. Other persons may not be a. Rent to Apartment does not include cost of added to the household without prior written any meals or supportive services or furniture approval of Apartment and City, which may be provided by Apartment. c. The Rental Unit may only be used for b. Apartment may not require the tenant or residence by the tenant's family. The unit tenant's family mernbers to pay charges for must be the family of tenant's only any meals or supportive services or furniture residence. Members of the household may (if any), which are to be provided by engage in legal profitmaking activities to the Apartment pursuant to the Lease Contract. extent permitted in the Lease Contract. Nonpayment of any such charges is not d. The tenant may not sublease or let the unit. grounds for termination of tenancy. e. The tenant may not assign the Lease c. Apartment may not charge the tenant extra amounts for items customarily included in paragraph d). rent to Apartment in the locality,or provided c. Criminal activity or alcohol abuse. at no additional cost to unsubsidized tenants (1) Apartment may terminate the tenancy in the premises. during the tern of the Lease Contract if any member of the tenant's 7. Maintenance, Utilities, and Other household, it guest or another person Services under a tenant's or resident's control a. Maintenance commits any of the following types of (1) Apartment must maintain the unit and criminal activity: premises in accordance with the MAS (a) Any criminal activity that (as defined in the Agreement). threatens the health or safety (2) Maintenance and replacement of, or the right to peaceful (including redecoration) trust be in enjoyment of the premises by, accordance with the standard practice other residents (including for the building concerned as property management staff established by Apartment. residing on the premises); b. Utilities and appliances (b) Any criminal activity that (1) Apartment must provide all utilities threatens the health or safety needed to comply with the MAS. of, or the right to peaceful (2) Apartment is not responsible for a enjoyment of their residences breach of the MAS caused by the by, persons residing in the failure to: immediate vicinity of the (a) Pay for any utilities that are to premises; be paid by City. (c) Any violent criminal activity (b) Provide and maintain any on or near the premises;or appliances that are to be (d) Any drug-related criminal provided by or on behalf of the activity on or near the tenant. premises. (3) Tenant damage. Apartment is not (2) Apartment may terminate the tenancy responsible for a breach of (lie IVIAS during the term of the Lease Contract because of damages beyond normal if any member of the household is: wear and tear caused by any member (a) Fleeing to avoid prosecution, of the household or by a guest. or custody or confinement (4) Housing services. Apartment must after conviction, for a crime,or provide all housing services as agreed attempt to commit a crime, that to in the Lease Contract. is a felony under the laws of the place from which the S. Termination of Tenancy by Apartment individual (lees;or a. Requirements. Apartment may only (b) Violating it condition of terminate the tenancy in accordance with the probation or parole under Lease Contract and FEMA or (IUD Federal or State law. requirements. (3) Apartment may terminate the tenancy b. Grounds. During the tern of the Lease for criminal activity by a household Contract (the initial term of the Lease member of tenant's Rental Unit in Contract or any extension term), Apartment accordance with this section if may only terminate the tenancy because of: Apartment determines that the (1) Serious or repeated violation of the household member has committed the Lease Contract; criminal activity, regardless of (2) Violation of Federal, State, or local whether the household member has law that imposes obligations on the been arrested or convicted for such tenant in connection with the activity. occupancy or use of the unit and the (4) Apartment may terminate the tenancy premises; during the term of the Lease Contract (3) Criminal activity or alcohol abuse (as if any member of the household has provided in paragraph c);or engaged in abuse of alcohol that (4) Other good cause (as provided in threatens the health, safety or right to peaceful enjoyment of the premises Apartment may NOT collect a security deposit by other residents. Gorr the tenant. d. Other good cause for termination of tenancy. After the initial Lease Contract 13. 1'rohibition of Discrimination term,such good cause includes: In accordance with applicable equal opportunity (a) Tile tenant's failure to accept statutes, Executive Orders, and regulations, Apartment's offer of a new Apartment must not discriminate against any Lease Contract or revision; person because of race, color, religion, sex, (b) Apartment's desire to use the national origin, familial status or disability in unit for personal or family use connection with the Lease Contract. or for a purpose other than use as a residential rental unit; or 14. Conflict with Other Provisions of Lease (c) A business or economic reason Contract for termination of the tenancy a. The terms of the Tenancy Addendum are (such as sale of the property, prescribed by City as a condition for renovation of the a unit, assistance to the tenant and tenant's family Apartment's desire to rent- the under the Program. unit for a higher rent). b. In case of any conflict between the e. Eviction by court action. Apartment may provisions of the Tenancy Addendum as only evict the tenant by a court action. required by City,and any other provisions of f. Apartment notice of grounds the Lease Contract or any other agreement (1) At or before the beginning of a court between Apartment and the tenant, the action to evict the tenant, Apartment requirements of this Tenancy Addendum must give the tenant a notice that shall control. specifies the grounds for termination c. In case of any conflict between the of tenancy. The notice may be provisions of the Agreement and the included in or combined with any 'Tenancy Addendum or Lease Contract, the Apartment eviction notice. Agreement shall control. (2) Apartment must give City a copy of any Apartment eviction notice at the 15. Changes in Lease Contract or Rent same time Apartment notifies the a, The tenant and Apartment may not make tenant. any change in the Tenancy Addendum. (3) Eviction notice means a notice to However, if the tenant and Apartment agree vacate, or a complaint or other initial to any other changes in the Lease Contract, pleading used to begin an eviction such changes must be in writing, and action under State or local law. Apartment must immediately give City a COPY of such changes. The Lease Contract, 9. Lease: Relation to Agreement including any changes, must be in If the Agreement terminates for any reason, the accordance with the requirements of the Lease Contract terminates automatically. Tenancy Addendum. b. In the following cases, tenant-based 10. City Termination of Assistance assistance shall not be continued unless City City may terminate Program assistance for the has approved a new tenancy in accordance tenant for any grounds authorized in accordance with Program requirements: with the Agreement requirements. If City (1) If there are any changes in Lease terminates Program assistance for the tenant Contract requirements governing and/or tenant's family, the Lease Contract tenant or Apartment responsibilities terminates automatically. for utilities or appliances; or (2) If there are any changes in Lease 11. Tenant Move Out Contract provisions governing the The tenant must notify City and Apartment term of the Lease Contract. before the occupants trove out of the Rental c. City approval of the tenancy, and execution Unit. of a new Agreement, are not required for agreed changes in the Lease Contract other 12. Security Deposit than as specified in paragraph b. d. Apartment must notify City of any changes redetermined by City in accordance with in the amount of the rent to Apartment at HUD requirements. least 35 days before any such changes go into effect, and the amount of the rent to 16. Notices Apartment following any such agreed Any notice under the Lease Contract by the change may not exceed the reasonable rent tenant to Apartment or by Apartment to the for the unit as most recently determined or tenant must be in writing. TENANT(S) APARTMENT EXHIBIT "E" TENANCY ADDENDUM 1. KATRINA Interim Shelter Program Contract or transfer the unit. a. Apartment is leasing the unit ("Rental Unit') as described in the lease to which this 4. Rent to Apartment addendum is attached ("Lease Contract") to a. The initial rent to Apartment may not the tenant for occupancy by the tenant's exceed the amount approved by City in family with funding for a tenancy under the accordance with Program requirements. Katrina interim shelter program("Program") b. Changes in the rent for any Rental Unit shall of the City of Fort Worth, Texas("City"). be determined by the provisions of the Lease b. Apartment has entered into an Interim Contract. However, Apartment may not Shelter Agreement ("Agreement") with City raise the rent during the initial term or any for the Program. Under the Agreement, City renewal term of the Lease Contract. will make Program payments to Apartment to assist the tenant in leasing the Rental Unit 5. Tenant Payment to Apartment from Apartment. a. Each month, City will make a Program payment to Apartment on behalf of tenant in 2. Lease accordance with the Agreement. The a. Apartment will give City a copy of the monthly Program payment shall be applied executed Lease Contract, including any to the monthly rent to Apartment for the revisions agreed by Apartment and the Rental Unit. tenant. Apartment certifies that the terms of c. The tenant is not responsible for paying the the Lease Contract are in accordance with portion of rent to Apartment covered by City all provisions of the Agreement and that the Program payment under the Agreement Lease Contract includes this tenancy between Apartment and City. An uncured addendum. failure by City to pay the Program payment b. The tenant and Apartment shall have the to Apartment is ground for Apartment to right to enforce this Tenancy Addendum terminate the tenancy for nonpayment of against the other party. If there is any City Program payment, however, tenant conflict between the Tenancy Addendum shall not be obligated for any rent and any other provisions of the Lease deficiency. Contract, the language of the Tenancy d. Apartment may not charge or accept, from Addendum shall control. the tenant or from any other source, any payment for rent of the Rental Unit in 3. Use of Rental Unit addition to the rent amount set forth in the a. During the Lease Contract term, the tenant Lease Contract. Rent to Apartment includes will reside in the Rental Unit with Program all housing services, maintenance, utilities payments from City. and appliances to be provided and paid by b. The composition of the tenant's household Apartment in accordance with the Lease must be approved by City. The tenant must Contract. promptly inform City of the birth, adoption or court-awarded custody of a child by tenant or any person residing in tenant's 6. Other Fees and Charges Rental Unit. Other persons may not be a. Rent to Apartment does not include cost of added to the household without prior written any meals or supportive services or furniture approval of Apartment and City. which may be provided by Apartment. c. The Rental Unit may only be used for b. Apartment may not require the tenant or residence by the tenant's family. The unit tenant's family members to pay charges for must be the family of tenant's only any meals or supportive services or furniture residence. Members of the household may (if any), which are to be provided by engage in legal profitmaking activities to the Apartment pursuant to the Lease Contract. extent permitted in the Lease Contract. Nonpayment of any such charges is not d. The tenant may not sublease or let the unit. grounds for termination of tenancy. e. The tenant may not assign the Lease c. Apartment may not charge the tenant extra amounts for items customarily included in paragraph d). rent to Apartment in the locality,or provided c. Criminal activity or alcohol abuse. at no additional cost to unsubsidized tenants (1) Apartment may terminate the tenancy in the premises. during the term of the Lease Contract if any member of the tenant's 7. Maintenance, Utilities, and Other household, a guest or another person Services under a tenant's or resident's control a. Maintenance commits any of the following types of (1) Apartment must maintain the unit and criminal activity: premises in accordance with the MAS (a) Any criminal activity that (as defined in the Agreement). threatens the health or safety (2) Maintenance and replacement of, or the right to peaceful (including redecoration) must be in enjoyment of the premises by, accordance with the standard practice other residents (including for the building concerned as property management staff established by Apartment. residing on the premises); b. Utilities and appliances (b) Any criminal activity that (1) Apartment must provide all utilities threatens the health or safety needed to comply with the MAS. of, or the right to peaceful (2) Apartment is not responsible for a enjoyment of their residences breach of the MAS caused by the by, persons residing in the failure to: immediate vicinity of the (a) Pay for any utilities that are to premises; be paid by City. (c) Any violent criminal activity (b) Provide and maintain any on or near the premises;or appliances that are to be (d) Any drug-related criminal provided by or on behalf of the activity on or near the tenant. premises. (3) Tenant damage. Apartment is not (2) Apartment may terminate the tenancy responsible for a breach of the MAS during the term of the Lease Contract because of damages beyond normal if any member of the household is: wear and tear caused by any member (a) Fleeing to avoid prosecution, of the household or by a guest. or custody or confinement (4) Housing services. Apartment must after conviction, for a crime,or provide all housing services as agreed attempt to commit a crime, that to in the Lease Contract. is a felony under the laws of the place from which the 8. Termination of Tenancy by Apartment individual flees; or a. Requirements. Apartment may only (b) Violating a condition of terminate the tenancy in accordance with the probation or parole under Lease Contract and FEMA or HUD Federal or State law. requirements. (3) Apartment may terminate the tenancy b. Grounds. During the term of the Lease for criminal activity by a household Contract (the initial term of the Lease member of tenant's Rental Unit in Contract or any extension term), Apartment accordance with this section if may only terminate the tenancy because of: Apartment determines that the (1) Serious or repeated violation of the household member has committed the Lease Contract; criminal activity, regardless of (2) Violation of Federal, State, or local whether the household member has law that imposes obligations on the been arrested or convicted for such tenant in connection with the activity. occupancy or use of the unit and the (4) Apartment may terminate the tenancy premises; during the term of the Lease Contract (3) Criminal activity or alcohol abuse (as if any member of the household has provided in paragraph c);or engaged in abuse of alcohol that (4) Other good cause (as provided in threatens the health, safety or right to peaceful enjoyment of the premises Apartment may NOT collect a security deposit by other residents. from the tenant. d. Other good cause for termination of tenancy. After the initial Lease Contract 13. Prohibition of Discrimination term,such good cause includes: In accordance with applicable equal opportunity (a) The tenant's failure to accept statutes, Executive Orders, and regulations, Apartment's offer of a new Apartment must not discriminate against any Lease Contract or revision; person because of race, color, religion, sex, (b) Apartment's desire to use the national origin, familial status or disability in unit for personal or family use connection with the Lease Contract. or for a purpose other than use as a residential rental unit;or 14. Conflict with Other Provisions of Lease (c) A business or economic reason Contract for termination of the tenancy a. The terms of the Tenancy Addendum are (such as sale of the property, prescribed by City as a condition for renovation of the unit, assistance to the tenant and tenant's family Apartment's desire to rent the under the Program. unit for a higher rent). b. In case of any conflict between the e. Eviction by court action. Apartment may provisions of the Tenancy Addendum as only evict the tenant by a court action. required by City,and any other provisions of f. Apartment notice of grounds the Lease Contract or any other agreement (1) At or before the beginning of a court between Apartment and the tenant, the action to evict the tenant, Apartment requirements of this Tenancy Addendum must give the tenant a notice that shall control. specifies the grounds for termination c. In case of any conflict between the of tenancy. The notice may be provisions of the Agreement and the included in or combined with any Tenancy Addendum or Lease Contract, the Apartment eviction notice. Agreement shall control. (2) Apartment must give City a copy of any Apartment eviction notice at the 15. Changes in Lease Contract or Rent same time Apartment notifies the a. The tenant and Apartment may not make tenant. any change in the Tenancy Addendum. (3) Eviction notice means a notice to However, if the tenant and Apartment agree vacate, or a complaint or other initial to any other changes in the Lease Contract, pleading used to begin an eviction such changes must be in writing, and action under State or local law. Apartment must immediately give City a copy of such changes. The Lease Contract, 9. Lease: Relation to Agreement including any changes, must be in If the Agreement terminates for any reason, the accordance with the requirements of the Lease Contract terminates automatically. Tenancy Addendum. b. In the following cases, tenant-based 10. City Termination of Assistance assistance shall not be continued unless City City may terminate Program assistance for the has approved a new tenancy in accordance tenant for any grounds authorized in accordance with Program requirements: with the Agreement requirements. If City (1) If there are any changes in Lease terminates Program assistance for the tenant Contract requirements governing and/or tenant's family, the Lease Contract tenant or Apartment responsibilities terminates automatically. for utilities or appliances; or (2) If there are any changes in Lease 11. Tenant Move Out Contract provisions governing the The tenant must notify City and Apartment term of the Lease Contract. before the occupants move out of the Rental c. City approval of the tenancy, and execution Unit. of a new Agreement, are not required for agreed changes in the Lease Contract other 12. Security Deposit than as specified in paragraph b. d. Apartment must notify City of any changes redetermined by City in accordance with in the amount of the rent to Apartment at HUD requirements. least 35 days before any such changes go into effect, and the amount of the rent to 16. Notices Apartment following any such agreed Any notice under the Lease Contract by the change may not exceed the reasonable rent tenant to Apartment or by Apartment to the for the unit as most recently determined or tenant must be in writing. TENANT(S) APARTMENT