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HomeMy WebLinkAboutContract 33422 CITY SECRETARY CONTRACT NO. INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and BRIAN SMITH,d/b/a HOME SWEET HOME PROPERTIES,MANAGEMENT AND MAINTENANCE 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 Brian Smith, d/b/a Home Sweet Home Properties, Management and Maintenance, ("Apartment"), whose address is 3135 Waterside Drive, Fort Worth, Texas G D , acting by and through Paul Nicholson, his duly authorized Property Manager. (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 Ir 04-12-06 A10 :25 IN INTERIM SHELTER AGREEMENT Page 1 Revised 10/12/05 d (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. INTERIM SHELTER AGREEMENT Page 2 Revised (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 Durine 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 HUD requirements, 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 INTERIM SHELTER AGREEMENT Pae 3 Revi ed 1-0/12105 j 6 : 'J Ito .:•:J.� '�� u sV e 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 N(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 INTERIM SHELTER AGREEMENT Page 4 R iedX�l3f�5+5 Agreement, and City shall not pay a Program payment to Apartment for any month after the 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) The Program payments shall be credited against the monthly Rent to Apartment for the Rental Unit. (d) 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. (e) 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. (f) 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 (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Apartment shall not discriminate against any person because of race, color, religion, INTERIM SHELTER AGREEMENT Page 5 Revised 10/12/05 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. INTERIM SHELTER AGREEMENT Page 6 Revised 10/12/05 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. INTERIM SHELTER AGREEMENT Page 7 Revised 10/12/05 (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 INTERIM SHELTER AGREEMENT Page 8 Revised 10/12/05 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,to be effective September 1, 2005. [SIGNATURES APPEAR ON FOLLOWING PAGE] INTERIM SHELTER AGREEMENT Page 9 Revised 10/12/05 ATTEST: CITY4FRT O TBy:Marty Hendrix ity Secret ry Jau , ss City Manager APPROVED AS TO FORM AND LEGAiAITY: 1/L Assistant City Attordev APARTMENT - - --� --- -- - BRIAN SMITH, dba HOME SWEET NO M&C RPQUIRhi3 HOME PROPERTIES, MANAGEMENT AND MAINTENANCE e By: e c -sJ �a,,.✓.� !% Name: Paul Nicholson Title: Property Manager lk INTERIM SHELTER AGREEMENT Page 10 tevijad 614'iloi j 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): ,l(3 L � d� ��' �� . �o�4 , 7-x -7�� 7 ,'37 trcjccr 4 r� LI)o�i1. , TX -76 o -1 1451 `ac`e- ;6�6i TX --76 /07 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: 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) $995.00 for a three bedroom apartment. The rental schedule above is for an unfurnished apartment. R •�nn�,� oc�n EXHIBIT "C" UTILITIES AND APPLIANCES Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall provide or pay for the utilities and appliances indicated below by a"C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Apartment shall pay for all utilities and appliances provided by Apartment. Item Specify fuel type Provided by Paid by Heating G Natural gas G Bottle gas G Electric 14 Cooking G Natural gas G Bottle gas G Electric 4 Water Heating G Natural gas G Bottle gas G Electric 4 Other Electric Water Sewer Trash Collection Air Conditioning Refrigerator Range/Microwave Other(specify) EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY APARTMENT WITH TENANTS SHALL BE ATTACHED] TEYASAPARTNIENT ASSOCIATION Apartment Lease Contract Date of Lease Contract: This is a binding contract.Read carefully before signing. (when this Lease Contract is filled out) Moving In—General Information 1. PARTIES. This Lease Contract is between you,the resident(s)(list all of$ plus a late charge of$ per day after that people signing the Lease Contract): date until paid in full.Daily late charges will not exceed 15 days for any single month's rent.You'll also pay a charge of$ for each returned check orrejected automatic electronic draft,plus initial and daily latechargesfromduedateuntilwereceiveacmptablepayment.Ifyoudon t and us,the owner: payrentontime,you'llbe delinquent and all remediesunderstatelawand this LeaseContractwillbe authorized.Ifyou violate the animal restrictions (name of apartment community or title holder). You've agreed to rent of paragraph 27 or other animal rules,you'll pay an initial charge of Apartment No. at $ per animal(not to exceed$100 per animal)and a daily (street address) charge of$ peranimal(nottoexceed$10perdayperanimal) in (city) fromthedatetheanimalwasbroughtintoyourapartmenturuilitisfinaRy removed.We'll also have all other remedies for such violation. Texas, (zip code)for use as a private residence only.The terns"you"and"your'refer to all residents listed 7. UTILITIES.We'll pay for the following items,if checked:O gas O water above.The terms"we,""us,"and"our"refer to the owner listed above O wastewater O electricity O trash O cable TV O master antenna. and not to property managers or anyone else.Written notice to or from You'll payforall otherutilifies,related deposits,and any charges,fees,or our managers constitutes notice to or from us.If anyone else has services on such utilities duringyour LeaseContract term.You must not guaranteed performanceofthis Lease Contract aseparate LeaseContract allow any utilities(other than cable TV)to be cut off or switched for Guaranty for each guarantor is attached. any reason—includingdisconnectionfornot payingyourbilLs,--until the 2. OCCUPANTS. Thea apartment will be occupied only you Lease Contract term or renewal period ends.If a utility is submetered or P P YbyY and(tilt prorated by anallocationformula,wewillattachanaddendumtothisLease all other occupants not signing the Lease Contract): Contractincompliencewithstateageneyrulesordtyordinance.Ifautlllty isindividually metered,itmustbe connected inyour name andyou must notify the u tili ty provider of your move-out date so the meter canbetimely read.Ifyoudelaygettingittumedonin your namebyleasecommencement or cause it to be transferred back into our name before you surrender or No one else may occupy the apartment.Persons not listed above must abandon the unit,you'llbeliablefora$ charge(nottoexceed not stay in the apartment for more than_consecutive days W),plus the actual orestimated costofthe utilities used while the utility without our prior written consent,and no more than twice that many should have been connected in yourname.Ifyou are in an area open to days in any one month. If the previous space isn't filled in,two days per competition and your unit is individually metered,you may choose month is the limit. or change your retail electric provider at any time.If you qualify,your provider will be the same as ours,unless you choose different provider. 3. LEASE TERM. The initial tern of the Lease Contract begins on the Ifyouchoose orchange your provider,you must give uswritten notice. You must pay all applicable provider fees,including any fees to change day of (year), service back into our name after you move out. and endsatmidnightthe day of (year).This Lease Contract will automatically renew month- 8' INSURANCE. Our insurance does not provide coverage for your personal to-month unless either party gives at least days written property. ag urge you like.get your own insurance for losses due to theft,fre, notioeofterminationorintenttomoveoutasrequiredbyparagraph37. water 1 mage, y ins rnYou intend to ns[checkonel: If the number of days isn't filled in,at least 30 days notice is required. O not buy insurance to protect against such verses, l ❑buy insurance from your own agent to cover such losses. 4. SECURITY DEPOSIT.The total security deposit for all residents is Ifneither is chwAred,you Adnowledge that you will not have insurance coverage. $_due on or before the date this Lease Contract is signed.This 9, SECURITY DEVICES.What WeMustPmvide.Texas lawrequireswith amount lcheckonel:71 does orOdoes not include an animal deposit.Any some exceptions that wemustprovide atnocosttoyou whenoccupancy animal deposit will be stated in an animal addendum.See paragraphs begins-(1)awindowlatchoneachwindow;WadcorviewerWgWhole) 41 and 42 for security deposit return information. oneach exterior door:(3)a pin lock oneach sliding door;(4)eithera door handle latch ora security baron each sliding door;(5)a keyless bolting 5. KEYS AND FURNITURE. You willbeprovided apartment device(deadbolI on each exterior door;and{6)eitherakeyeddoorknob key(s), mailbox key(s),and other access devices for lock or a keyed deadbolt lock on one entry door.Keyed locks)will be rekevedafterthepriorresidentmovesout.Therekev xt¢willbedoneeither .Any resident,occupant,or spouse who, before,you move in or within 7 days after you move in,as required by according to a remaining resident's affidavit,has permanently moved statute.If we fail to install or rekey security devices as required by the outorisundercourtorderto notenter the apartment,is(at ouroption)no Property Code you have the righttodosoanddedu the reasonable cost longer entitled to occupancy,keys,or other access devices. Your from your next rent payment under Section 92.165(l)ofthe Code. apartment will be[check one]:O furnished or O unfurnished. What You Are Now Requesting. Subject to some limitations,under 6. RENT AND CHARGES. You will pay$ per month for Texas law you may at any time ask us to:(1)install one keyed deadbolt lock on an exterior door if it does not have one;(2)install a security bar rent,payable in advance and without demand[check one]: on a sliding glass door if it does not have one;and(3)change or rekey O at the onsite manage>'s office,or locks or latches.We must comply with those requests,but you must pay O at for them.Subject to statutory restrictions on what security devices you may request,you are now requesting us to install or change at your expense: Prorated rent of$ is due for the remainder of[check one]: O 1st month or O 2nd month,on If no item is filled in,then you are requesting none at this time. (year).Otherwise,you must pay your rent on or before the 1st day ofeach month(due date)with nograceperiod.Cash is unacceptable without Payment Wewill pay for missing security devices that are required our prior written permission.You must not withhold or offset rent unless by statute.You will pay for: (1)rekeyina that you request(exceut whenwe failed to rekey after the previous resident moved out);and authorized bystatute.Wemay,atour option,require atanytime thatyou (2)repairs or replacements due to misuse or damaggby you or your pay all rent and other sums in cash,certified or cashier's check,money family,occupants,or guests.You must pay immediately after the work order,oronemonthly check rather thanmultiplechecks.Ifyoudon't pay is done unless state statute authorizes advance payment.You also must all rent on or before the day of the month and we haven't pay for add i tional or changed security devices you request,in advance given notice to vacate before that date,you'll pay an initial late charge or afterward,at our option. Special Provisions and"What If"Clauses 10. SPECIAL PROVISIONS. The following or attached special 11. UNLAWFUL EARLY MOVE-OUT;RELETTING CHARGE.You'll provisions and any addenda or written rules furnished to you at or be liable for a reletting charge of$ (not to exceed 851% beforesgningwill becomeapartofthisLeaseContractandwill supersede of the highest monthly rent during the Lease Contract term)if you: any conflicting prow%ons of this printed Lease Contract form (1) fail to move in,or fail to give written move-out notice as required in paragraphs 23 or 37;or (2) move out without paying rent in full for the entire Lease Contract term or renewal period;or (3) move out at our demand because of your default;or (4) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from your obligations under this Lease Contract.See the fust paragraph of page 2. Yova INm : INmALS of Om REesES Anvn AEAu-,E,n LEASE CON CT C 2003,Texas APARTMENT Assoc noN,INc. PAGE 1 OF 6 Not a Release. The reletting charge is not a Lease Contract return redeemed property at the place of storage,the management cancellation fee or buyout fee.It is a liquidated amount covering office,or the apartment(at our option). We may require payment only part of our damages;that is,our time,effort,and expense in by cash,money order,or certified check. finding and processing a replacement.These damages are uncertain Disposition or Sale.Except for animals and property removed after and difficult to ascertain—particularly those relating to the dea th of a sole resident,we may throw away or give to a charitable inconvenience,paperwork,advertising,showing apartments,utilities organization all items of personal property that are: (1)left in the for showing,checking prospects,office overhead,marketing costs, apartment after surrender or abandonment;or(2)left outside more and locator-service fees.You agree that the reletting charge is a than 1 hour after writ of possession is executed,following judicial reasonable estimate of such damages and that the charge is due eviction Animals removed after surrender,abandonment,oreviction whether or not our reletting attempts succeed.If no amount is maybekenneledortumedover tolocalauthorities orhumanesocieties. stipulated,you must pay our actual reletting costs so far as they can Property not thrown away or given to charity may be disposed ofonly be determined.The reletting charge does not release you from by sale,which mustbe held no sooner than 30 days after written notice continued liability for:future or past-due rent;charges for cleaning, ofdate,time,and place of sale is sentbyboth regular mail and certified repairing,repainting,or unretumed keys;or other sums due. mail(return receipt requested)to your last known address.The notice 12. DAMAGES AND REIMBURSEMENT. You must promptly pay must itemize the amounts you owe and the name,address,and phone or reimburse us for loss, damage, consequential damages, number of the person to contact about the sale,the amount owed,and government fines or charges,or cost of repairs or service in the your right to redeem the property.Sale may be public or private,is apartment community due to: a violation of the Lease Contract subject to any third-party ownership or lien claims,must be to the or Hiles;improper use,negligence;or intentional conduct by you highest cash bidder,and may be in bulk,in batches,or item-by-item. or your invitees,guests or occupants.You will indemnify and hold Proceeds exceeding sums owed must be mailed to you at your last us harmless from all liability arising from the conduct of you,your known address within 30 days after sale. invitees,guests,or occupants,or our representatives who perform 14. FAILING TO PAY FIRST MONTH'S RENT. If you don't pay the at your request services not contemplated in this Lease Contract. first month's rent when or before the Lease Contract begins,all future Unless the damage or wastewater stoppage is due to our rent will be automatically accelerated without notice and immediately negligence we're not liable for— and you must pay for due.We also may end your right of occupancy and recover damages, repairs, replacement costs, and damag athe_followiinng if future rent,reletting charges,attorney's fees,court costs,and other occurring during the Lease Contract term or renewal period: lawfulcharges.Ourrights,remedies,and duties under paragraphs 11 (1)damage to doors. windows or screens, (2)damage from and 32 apply to acceleration under this paragraph. ft windows or doors leopen and(3)damage from wastewater stovvages caused by improver objects in lines exclusively 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No serving your avaEbMt. We may require payment at any time, rent increases or Lease Contract changes are allowed before the including advance payment of repairs for which you're liable. initial Lease Contract term ends,except for changes allowed by any Delay in demanding sums you owe is not a waiver. special provisions in paragraph 10,by a written addendum or amendment signed by you and us,or by reasonable changes of 13. CONTRACTUAL LIENAND PROPERTYLEFT INAPARTMENT. apartment rules allowed under paragraph 18.If,at least 5 days All pmpedyy in the aopAdment is(unless exempt under Section before the advance notice deadline referred to in paragraph 3,we 54.042 of the Texas Proputy Code)subject to a contractual lien to give you written notice of rent increases or Lease Contract changes secure payment of delinquent rent.For this purpose,"apartment" effective when the Lease Contract term or renewal period ends,this excludes common areas but includes interior living areas and exterior Lease Contract will automatically continue month-to-month with patios,baloonies attachedgarages,andstoreroomsforyourexclusiveuse. the increased rent or Lease Contract changes.The new modified Lease Contract will begin on the date stated in the notice(without Removal After We Exercise Lien for Rent.Uygur rent is delinquent, necessity of your signature)unless you give us written move-out oux representative maypeacefully enter the apartment and remove notice under paragraph 37. andlor store all property subject to lien. Written notice of entry must be left afterwards in the apartment in a conspicuous place—plus 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for a list of items removed.The notice must state the amount of delinquent construction,repairs,cleaning,or a previous residents holding over, rent and thename,address,and phone number of the person to contact we're not responsible for the delay.The Lease Contract will remain in about the amount owed.The notice must also state that the property will force subject to:(1)abatement of rent on a daily basis during delay;and be promptly returned when the delinquent rent is fully paid.All (2)your right to terminate asset forth below.Terminationnoticemust propedyintheaparbnentisprestmtedtDbeyoursunkssprovennotherwise, be in writing. After termination,you are entitled only to refund of deposit(s)and any rent paid. Rent abatement or Lease Contract Removal After Surrender,Abandonment,or Eviction. We or law termination does not apply ifdelayisfor cleaning orrepairs that don t officers may remove and/or store all property remaining in the prevent you from occupying the apartment. apartment or in common areas(including any vehicles you or any If there is a delay and we haven't given notice of delay as set forth occupant or guest owns or uses)if you are judicially evicted or if you surrender or abandon the apartment(see definitions in paragraph 42). immediately below,you may terminate up to the date when the apartment is ready for occupancy,but not later. Storage.We will store property removed under a contractual lien. (1) If we give written notice to any of you when or after the Lease We may store,but have no duty to store,property removed after Contract begins—and the notice states that occupancy has been judicial eviction,surrender,or abandonment of the apartment.We're delayed because of construction or a previous residents holding not liable for casualty loss,damage,or theft except for property over,and that the apartment will be ready on a specific date— removed under a contractual lien.You must pay reasonable charges you may terminate the Lease Contract within 3 days of your for our packing,removing,storing,and selling any property.We receiving the notice,but not later. have a lien on all property removed and stored after surrender, (2) If we give written notice to any of you before the effective Lease abandonment,or judicial eviction for all sums you owe,with one Contract date and the notice states that construction delay is exception:Our lien on property listed under Property Code Section 54.042 is limited to charges for packing,removing,and storing. expected and that the apartment will ready for you to occupy on a specific date,you may terminate the Lease Contract within Redemption.if we've seized and stored property under a contractual 7 days after any of you receives written notice,but not later.The lien for rent as authorized by the Property Code,you may redeem the readiness date is considered the new effective Lease Contract property by paying all delinquent rent due at the time of seizure.But date for all purposes. This new date may not be moved to an ifnoticeofsale(setforth as follows)isgivenbeforeyouseekredemption, earlier date unless we and you agree. you may redeem only by paying the delinquent rent and reasonable 17. DISCLOSURE RIGHTS. If someone requests information on you charges for packing,removing,and storing. If we've removed and or yourrental history for law-enforcement,governmental,orbusiness stored property after surrender,abandonment,or judicial eviction, purposes,we may provide it.At our request,any utility provider you may redeem only by paying all sums you owe,including rent, may famish us information about pending or actual connections or late charges, reletting charges, storage, damages,etc. We may disconnections of utility service to your unit. While You're Living in the Apartment 18. COMMUNITY POLICIES OR RULES.You and all guests and heaters without our prior written approval;;cook on balconies or occupants must comply with any written apartment rules and outside;or solicit business or contributions.Conducting any kind community policies,including instructions for care of our property. of business(including child care services)in your apartment or in Our rules are considered part of this Lease Contract. We may make the apartment community is prohibited—except that any lawful reasonable changes to written rules,effective immediately,if they business conducted"at home"by computer,mail,or telephone is are distributed and applicable to all units in the apartment permissible ifcustomers,clients,patients,or otherbusiness associates community and do not change dollar amounts on page 1 of this do not come to your apartment for business purposes.We may Lease Contract. regulate: (1)the use of patios, balconies, and porches; (2)the conductoffumituremovers and deliverypersons;and(3)recreational 19. LIMITATIONS ON CONDUCT. The apartment and other areas activities in common areas. reserved for your private use must be kept clean Trash must be disposed of at least weekly in appropriate receptacles in accordance who, may exclude from the apartment community guests ti others with local ordinances.Passageways may be used only for entry or Leas in our judgment,have been violating the law,violating this exit.Any swimming pools,saunas,spas,tanning beds,exercise neigLease Contvisitract r s,or owner reprnt esentatives. ntativesuWe may alsoer exclude i clude rooms,storerooms,laundry rooms,and similar areas must be used from any o visitors,or owner representatives.We may also exclude with care in accordance with apartment rules and posted signs.Glass phmanyouifi cation ormmms toon id ntify hi self or hes elfto as a containers are prohibited in or near pools and all other common photo idantifipant, or refuses to identify himself or herself as a areas.You,your occupants,or guests may not anywhere in the resident,occupant,or guest of a specific resident in the community. apartment community: use candles or use kerosene lamps or 20. PROHIBITED CONDUCT. You and your occupants or guests may not engage in the following activities:criminal conduct;behaving in A,"rnrErrr L—E CON Cr 0 2003,Toes Ar,uaruExr Assocunon,INc. PAGE 2 or 6 a loud or obnoxious manner;disturbing or threatening the rights, (2)keep cabinet and closet doors open;and(3)drip hot and cold comfort,health,safety,or convenience of others(including our agents water faucets. You'll be liable for damage to our and others' and employees)in or near the apartment community;disrupting our property if damage is caused by broken water pipes due to your business operations;manufacturing, delivering, or possessing a violating these requirements. controlled substance or drug paraphernalia;engaging in or threatening Crime or Emergency. Dial 911 or immediately call local medical violence;possessing a weapon prohibited by state law;discharging emergency,fie,or police personnel in case of accident,fine,smoke, a firearm in the apartment community;displaying or possessing a suspected criminal activity,or other emergency involving imminent gun,knife,or other weapon in the common area in a way that may harm.You should then contact our representative.You won't treat any alarm others;storing anything in closets having gas appliances; of our security measures as an express or implied warranty of security, tampering with utilities or telecommunications;bringing hazardous materials into the apartment community;using windows for entry or as a guarantee against crime or of reduced risk of crime.Unless or exit;heating the apartment with a gas-operated cooking stove or otherwise provided by law,were not liable to you or any guests or oven;or injuring our reputation by making bad faith allegations occupants for uyury,damage,or loss to person or property caused by against us to others. criminal conduct of other persons,including theft,burglary,assault, vandalism,or other crimes.We're not obliged to furnish security 21. PARKING. We may regulate the time,manner, and place of personnel,security lighting,security gates or fences,or other forms of parking all cars,trucks,motorcycles,bicycles,boats,trailers,and security unless required bystatute.We're not responsible forobtaining recreational vehicles.Motorcycles or motorized bikes may not be criminal-history checks on any residents, occupants,guests, or parked inside an apartment unit or on sidewalks,under stairwells, contractors in the apartment community.If you or any occupant or or in handicapped parking areas.We may have unauthorized or guest is affected by a crime,you must make a written report to our illegally parked vehicles towed under an appropriate statute. A representative and to the appropriate local law-enforcement agency. vehicle is unauthorized or illegally parked in the apartment You also must furnish us with the law-enforrement agency's incident community if it: (1) has a flat lire or other condition rendering it inoperable;or report number upon request. (2) is on jacks,blocks or has wheel(s)missing;or (3) takes up more than one parking space;or 25. CONDITION OF THE PREMISES AND ALTERATIONS. You (4) belongs to a resident or occupant who has surrendered or accept the apartment,fixtures,andfumitureasis,except for conditions abandoned the apartment;or materially affecting the health or safety of ordinary persons.We (5) is parked in a marked handicap space without the legally disclaim all implied warranties.You'll be given an Inventory and required handicap insrgma;or Condition form on or before move-in.Within 48 hours after move-in, (6) is parked in a space marked for office visitors,managers,or staff; you must sign and note on the form all defects or damage and return or it to our representative.Otherwise,everything will be considered to (7) blocks another vehicle from exiting;or be in a clean,safe,and good working condition. (8) is parked in a fire lame or designated"no parking"area;or (9) is parked in a space marked for other resident(s)or unit(s);or You must use customary diligence in maintaming the apartment and not (10) is parked on the grass,sidewalk,or patio;or damaging or littering the common auras.Unless authorized by statute (11) blocks garbage trucks from access to a dumpster;or orbyusinwriting.you mustnotdoanyrepairs,painting,wallpapering, (12) has no current license,registration or inspection sticker,and we carpeting,electrical changes,or otherwise alter our property.No holes give you at least 10 days notice that the vehicle will be towed or stickers are allowed inside or outside the apartment.But we'll at the owner or operator's expense if not removed. permit a reasonable number of small nail holes for hanging pictures 22. RELEASE OF RESIDENT. Unless you're entitled to terminate this on sheetrock walls and in grooves of wood-paneled walls,unless our Lease Contract under paragraphs 10,16,23,31 or 37,you won't be rules stateothewise.Nowaterfumiture,washingmachines,additional released from this Lease Contract for any reason—including but not phone or TV-cable outlets,alarm systems,or lock changes,additions, limited to voluntary or involuntary school withdrawal or transfer, or rekeying is permitted unless statutorily allowed or we've consented voluntary or involuntary job transfer,marriage,separation,div2rrce, in writing.You may install a satellite dish or antenna provided you reconciliation,loss of co-residents,loss of employment,bad health, sign our satellite dish or antenna lease addendum which complies or death. with reasonable restrictions allowed by federal law.You agree not to 23. MILITARY PERSONNEL CLAUSE. You may terminate the alter,damage,or remove our property,including alarm systems, Lease Contract if you enlist or are drafted or commissivaecl in the smoke detectors,furniture,telephone and cable TV wiring,screens, U.S.Armed Forces.You also may terminate the Lease Contract if: locks,and security devices.When you move in,we'll supply light (1) you are(i)a member of the U.S.Armed Forces or reserves on bulbs for fixtures we furnish,including exterior fixtures operated active duty or(ii)a member of the National Guard called to from inside the apartment;after that,you'll replace them at your active duty for more than 30 days in response to a national expense with bulbs ofthesame type and wattage.Your improvements emergency declared by the Presi&?Ag �. to the apartment(whedwr or not we consent)become ours unless we (2) you are either(i)given change-of-stationorders topermanently agree otherwise inwn'6ng. depart the local area,(if)deployed with a military unit for 90 days or more,or(iii)relieved or released from active duty. 26. REQUESTS,REPAIRS,AND MALFUNCTIONS. IF YOU OR After you deliver to us your written termination notice,the Lease ANY OCCUPANT NEEDS TO SEND A NOTICE OR REOUEST— Contract will be terminated under this military clause 30 days after FOR EXAMPLE,FOR REPAIRS,INSTALLATIONS,SERVICES,OR the date on which your next rental payment is due.You must furnish SECURITY-RELATED MATTERS-17 MUST BE SIGNED AND IN us a copy of your permanent clhanRfiar station orders,call-up orders, WRITING TO OUR DESIGNATED REPRESENTATIVE(except in or deployment orders or letter.M tary permission for base housing case of fire,smoke, gas,explosion,overflowing sewage.uncnrrtrollable doesn't constitute a permanentchangcwf-station order.After your running water,electrical shorts,or gime in progress).Our written notes move out,we'll return your security deposit,less lawful deductions, on your oral request do not constitute a written request from you. If you or any co-resident are a dependent of a servicemember covered by the U.S.Servicemembers Civil Relief Act,this Lease Contract may Our complyingwithorrespondingtoanyoralrequestregardingsecunty not be terminated under this paragraph without applying to a court or non-security mattersdoesn'twaive the strictrequirement for written and showing that your ability to comply with the Lease Contract is notices under this Lease Contract.You must promptly notify us in materially affected by reason of the servicemember's military service. writing of:water leaks; mold;electrical problems;malfunctioning A co-resident who is not your spouse or dependant cannot terminate lights;broken or missing locks or latches;and other conditions that under this military clause.Unless you state otherwise in paragraph pose a hazard to property,health,or safety.We may change or install 10,you represent when signing this Lease Contract that.(1)you do utility lines or equipment serving the apartment if the work is done not already have deployment or change-of-station orders;(2)you will reasonably without substantially increasing your utility oasts.We may not be retiring from the military during the Lease Contract term;and turn off equipment and interrupt utilities as needed to avoid r (3)the term of your enlistment or obligation will not end before the dame or tipment a work.r utilities malfunction or are id property ty Lease Contract term ends,You waive all rights to terminate if you ger Pe g y misrepresent the facts in the preceding sentence. fire,water,or similar cause,you must notify our representative immediately.Air conditioning problems are normally not emergerndes. 24. RESIDENT SAFETY AND PROPERTY LOSS. You and all If air conditioning or other equipment malfunctions,you must notify occupants and guests must exercise due care for your own and our representative as soon as possible on a business day.We'll act with others'safety and security,especially in the use of smoke detectors, customary diligence to make repairs and reconnections,taking into keyed deadbolt locks, keyless bolting devices,window latches, consideration when casualty insurance proceeds are received.Rent and other safety or security devices.You agree to make every effort to follow the Security Guidelines on page 5.Window screens are will not abate in whole or in part not for security or keeping people from falling out. If we believe that fire or catastrophic damage is substantial,or that Smoke Detectors. Well furnish smoke detectors as required by performance of needed repairs poses adangertoyou,wemaytermfnate statute or city ordinance,and we'll test them and provide working this Lease Contract within a reasonable time by giving you written batteries when you first take possession.After that,you must pay notice.If the LeaseContractissoterminated,we'll refund prorated rent for and replace batteries as needed unless the law provides otherwise. and all deposits,less lawful deductions. We may replace dead or missing batteries at your expense,without prior notice to you.You must immediately report smoke detector 27. ANIMALS.Noanimats(includingmammals,reptiles,birds,fish,rodents, malfunctions to us. Neither you nor others may disable smoke and insects)are allowed,even temporarily,anywhere in the apartment or detectors.Ifyou damage or disable the smoke detector or remove a battery apartmentaommunityunfesswervesoauthorizedinwriting.Ifweallowan without replacing it with a working battety,Wu may be liable to us under animal,you must sign a separate animal addendum and pay an Section 92.2611 of the Property Code for$100 plus one month's rent actual animal deposit.An animal deposit is considered a seal security damages, and attorneLfees. If you disable or damage the smoke ep° p° ' detector,or fail to replace a dead battery or report malfunctions to deposit. We will authorize a support animal for a disabled us,you also will be liable to us and others for any loss,damage,or (handicapped)person We may require a written statement from a fines from fire,smoke,or water. qualified professional verifying the need for the support animal and Casualty Loss. We're not liable to any resident,guest,or occupant we may charge an animal deposit for a support animal.You must not feed stray or wild animals. for personal�' or damage or loss of personal property from fire, smoke, rain,flood,water leaks,hail,ice, snow,lightning,wind, If you or any guest or occupant violates animal restrictions(with explosions, interruption of utilities, theft, or vandalism unless or without your knowledge),you'll be subject to charges,damages, otherwise required by law.We have no duty to remove any ice,sleet, eviction,and other remedies provided in this Lease Contract.If an or snow but may remove any amount with or without notice.Unless animal has been in the apartment at an time our term of we instruct otherwise,you must—for 24 hours a day during freezing p y �B y weather—(l)keep the apartment heated to at Least 50 degrees; occupancy (with or without our consent), we'll charge you for defleaing,deodorizing, and shampooing.Initial and daily animal- Yom INmAm INmAus OF OuR RumseNrAnm APAR1TfINr LEASE COWRACr 0 21103,Texas APARrM r AssociAroN,INC. NEW PAGE3 of 6 violation charges and animal-removal charges are liquidated damages unauthorized security devices;removing unauthorized window for our time,inconvenience,and overhead(except for attorneys fees and coverings;stopping excessive noise;removing health or safety litigation costs)in enforcing animal restrictions and Hiles.We may remove hazards (including hazardous materials),or items prohibited an unauthorized animal by(1)leaving,in a conspicuous place in the under our rules;removing perishablefoodstuffs if your electricity apartment a 24-hour written notice of intent to remove the ammat and is disconnected;removing unauthorized animals;cutting off (2)following the procedures of paragraph 26.We may keep or kennel the electricity according to statute;retrieving property owned or animal or turn it over to a humane society or local authority.When keeping leased by former residents;inspecting when immediate danger to or kenneling an ammal,we wodtbe liable for loss,harm,sickness,or death person or property is reasonably suspected;allowing persons to of the animal unless due to our negligence.We'll return the animal to you enter as you authorized in your rental application(if you die,are upon request if it has not already been turned over to a humane society incarcerated,etc.);allowing entry by a law officer with a search or or local authority.You must pay for the animal's reasonable care and anestwarrantorinhotpursuit;showing apartment toprospective kenneling charges.We have no lien on the animal for any purpose. residents(after move-out or vacate notice has been given);or 28. WHEN WE MAY ENTER. If you tpurpose of detennng housing and fire ordinance compliance, any guest or occupant is showing apartment to government representativesfor the limited u present then repairers,servicers,contractors,our representatives, and to lenders,appraisers,contractors,prospective buyers,or or other persons listed in (2) below may peacefully enter the apartment at reasonable times for the purposes listed in(2)below. insurance agents. If nobody is in the apartment, then such persons may enter 29. MULTIPLE RESIDENTS OR OCCUPANTS. Each resident is peacefully and at reasonable times by duplicate or master key(or jointly and severally liable for all Lease Contract obligations. If you by breaking a window or other means when necessary)if: or any guest or occupant violates the Lease Contract or Hiles,all (1) written notice of the entry is left in a conspicuous place in the residents are considered to have violated the Lease Contract. Our apartment immediately after the entry;and requests and notices(including sale notices)to any resident constitute (2) entry is for. responding to your request making repairs or notice to all residents and occupants. Notices and requests from any replacements;is for.es pondingimating to our request; t;making perforating resident or occupant(including notices of Lease Contract termination, pest control;doing preventive or refurbishing efurchecking for water repair requests, and entry permissions)constitute notice from all leaks;chaungbrgfilters;testingorreplacingsmokedetectorbatteries; residents. In eviction suits,each resident is considered the agent of retrievingrmretumedtools,equipment,orapplianoes;preventing all other residents in the apartment for service ofprocess.Any resident waste of utilities;exercising our contractual lien;leaving notices; who defaults under this Lease Contract will indemnify the unn- delivering,installing. reconnecting, or replacing appliances, defaulting residents and their guarantors.all re Security deposit refunds furniture,equipment,or security devices;removing or rekeying deduction be by one check jointly payable to ail residents;the check and any deduction itemizations mai be mailed to one resident on14'. Replacements 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, Procedures for Replacement. If we approve a replacement subletting or assignment is allowed only when we consent in writing. resident,then,at our option:(1)the replacement resident must sign If departing or remaining residents find a replacement resident this Lease Contract with or without an increase in the total security acceptable to us before moving out and we expressly consent to the deposit;or(2)the remaining and replacement residents must sign replacement subletting or assignment,then: an entirely new Lease Contract. Unless we agree otherwise in writing your security deposit will automatically transfer to the (1) a reletting charge will not be due; replacement resident as of the date we approve. The departing (2) a reasonable administrative(paperwork)fee will be due,and a resident will no longerhave a rightto occupancyor a security deposit rekeying fee will be due if rekeying is requested or required;and refund,but will remain liable for the remainder of the original Lease (3) the departing and remaining residents will remain liable for all Contract term unless we agree otherwise in writing-even if a new Lease Contract obligations for the rest of the original Lease Lease Contract is signed, Contract term- Default by Either Party 31. DEFAULT BY OWNER. We'll act with customary diligence to: sums due;the filing or acceptance doesn t waive or diminish our (1) keep common areas reasonably clean,subject to paragraph 25; right ofeviction,oranyothercontractualorstatulnryright,Accepting (2) maintain fixtures, furniture hot water, heating and A/C money at any time doesn't waive our right to damages;past or equipment; future rent or other sums;or to continue with eviction proceedings. (3) substantially comply with applicable federal,state,and local Acceleration.All monthly rent for the rest of the Lease Contract term laws regarding safety,sanitation,and fair housing;and or renewal period will be accelerated automatically without notice or (4) make all reasonable repairs,subject to your obligation to pay for demand(before or after acceleration)and will be immediately due and damages for which you are liable. delinquent if,without our written consent:(1)you move out,remove If we violate any of the above,you may possibly terminate this Lease property in preparing to move out or give oral or written notice(by you Contract and exercise other remedies under Property Code Section or any occupant)of intent to move out before the Lease Contract term 92.056 by following this procedure: or renewal period ends;and(2)you've not paid all rent for the entire a) all rent must be current and you must make a written request for Lease Contract term or renewal period.Such conduct is considered a ( Ydefaultforwhichweneed riot give you notice.Remaining rent also will repair or remedy of the condition—,after which we'll have a be accelerated if you're judicially evicted or move out when we reasonable time for repair or remedy, demand because you've defaulted. Acceleration is subject to our (b) if we fail to do so,you must make a second written request for the mitigation obligations below. repair or remedy (to make sure that there has been no Holdover.You or any occupant invitee,or guest must not hold over nniscornmunication between us}—after which we'll have a beyond the date contained in your move-out notice or our notice to reasonable time for the repair or remedy;and vacate(or beyond a different move-out date agreed to by the parties in (c) if the repair or remedy still hasp t been accomplished within that writing).If aholdover occurs,then:(1)holdover rent is due in advance reasonable time period,you may immediately terminate this ona dailybasis and maybecome delinquentwithout noticeordemand; Lease Contract by giving us a final written notice.You also may (2)rent for the holdover period Will be increased by 25%over the then- exercise other statutory remedies. existing rent,without notice;(3)you'll be liable to us(subject to our Instead of giving the two written requests referred to above,you may mitigation duties)for all rent for the full term of the previously signed give us one request by certified mail,return receipt requested,or by Lease Contract of a new resident who can`t occupy because of the registered mail—after which we will have a reasonable time for repair holdover;and(4)at our option,we may extend the Lease Contract or remedy."Reasonable time"takes into account the nature of the term—for up to one month from the date of notice of Lease Contract problem and the reasonable availability of materials,labor,andutilities. extension—by delivering written notice to you or your apartment Your rent must be current at the time of any request.We will refund while you continue to hold over. security deposits and prorated rent as required by law. Other Remedies.If your rent is delinquent and we give you 5 days' prior writtennoticewe may terminate electricity that we've furnished 32. DEFAULT BY RESIDENT. You'll be in default if:(1)you don't pay at our expense,unless govcmmcnta[regulations on submetering or rent or other amour h3tyog owe;_(Z)you or any guest or occupanE utility proration iyrnl'r ie olhcrn ise.We may re'port uuaid amounts violates this Lease Contract,aparhnent rules,or fire,safety,health,or to credit agencies.If you default and move orf early,you will pay criminal laws,regardless ofwhether arrest orconviction occurs;(3)you us any amounts stated to be rental discounts agreed to in writing abandon the apartment;(4)you give incorrect or false answers in a in addition to other sums due.Upon your default,we have all other rentalapplication;(5)you oranyoccupant isarrested,charged,detained, legal remedies,including Lease Contract termination and statutory convicted,or given deferred adjudication for a felony offense involving lockout under Section 92.0081 of the Property Code.Unless a party actual or potential physical harm to a person,or involving possession, is seeking exemplary, punitive, sentimental,or personal-injury manufacture,or delivery of a controlled substance,marihuana,or drug damages,the prevailing party may recover from the non-prevailing paraphernalia as defined in the Texas Controlled Substances Act;(6)any party attorney's fees and all other litigation costs.Late charges are illegal drugs or paraphernalia are found in your apartment;or(7)you liquidated damages for our time,inconvenience,and overhead in or any occupankmbadfaith makes aninvabilhabitabilitycomplainttoan collecting late rent(but are not for attorney's fees and litigation official or employee of a utility company or the government. costs).All unpaid amounts bear 18%interest per year from due date,compounded annually.You must pay all collection-agency Eviction. If you default,we may end your right of occupancy by giving fees if you fail to pay all sums due within 10 days after we mail you you a 24-hour written notice to rwcate.Notice may be by:(1)regular a letter demanding payment and stating that collection agency fees mail;(2)certified mail,return receipt requested;(3)personal delivery will be added if you don't pay all sums by that deadline. to any resident; (4)personal delivery at the apartment to any occupant over 16 years old;or(5)affixing the notice to the inside Mitigation of Damages. If you move out early,you'll be subject of the apartment's main entry door.Termination of your possession to paragraph 11 and all other remedies.We'll exercise customary rights or subsequent reletting doesn't release you from liability for diligence to relet and minimize damages.We'll credit all subsequent future rent or other Lease Contract obligations.After giving notice rent that we actually receive from subsequent residents against your to vacate or filing an eviction suit,we may still accept rent or other liability for past-due and future rent and other sums due. APARrww LEASE CONTRACT 0 2003,TEXAS APARTArr.Nr AssociArioN,Ise. NEW PACE 4-6 General Clauses 33. MISCELLANEOUS. Neither we nor any of our representatives have Cablechannels thatare provided maybe changed during the Lease made any oral promises, representations, or agreements. This Lease Contract term if the change applies to all residents.Utilities maybe Contract is the entire agreement between you and us.Our representatives used only fornormal household purposes and must notbewasted.If (including management personnel, employees, and agents)have no your electricity is ever interrupted,you must use only battery- authority to waive,amend,or terminate this Lease Contract or any part operated lighting. of it,unless in writing,and no authority to make promises,representations, or agreements that impose security duties or other obligations on us or our 34. PAYMENTS.Payment of all sums is an independent covenant.At representatives unless in writing. No action or omission of our our option and without notice,we may apply money received(other representative will be considered a waiver of any subsequent violation, than sale proceeds under paragraph 13 or utility payments subject default, or time or place of performance. Our not enforcing or to governmental regulations)first to any of your unpaid obligations, belatedly enforcing written-notice requirements,rental due dates, then to current rent-regardless of notations on checks or money acceleration, liens, or other rights isn't a waiver under any orders and regardless of when the obligations arose.Ail sums other Circumstances.Except when notice or demand is required by statute, than rent are due upon our demand.After the due date,we do not you waive any notice and demand for performance from us if you have to accept the rent or any other payments. default.Written notice to or from our managers constitutes notice to or from us.Any person giving a notice under this Lease Contract 35. TAA MEMBERSHIP.We represent that,at the time of signing this should retain a copy of the memo,letter,or fax that was given.Fax Lease Contract or a Lease Contract Renewal Form:(1)we;(2)the signatures are binding.All notices must be signed.Notices may not management company that represents us;or(3)any locator service be given by email. that procured you is a member in good standing of both the Texas Apartment Association and the affiliated local apartment association Exercising one remedy won't constitute an election or waiver of other for the area where the apartment is located.The member is either an remedies.Insurance subrogation is waived by all parties.All remedies owner J management company member or an associate member doing are cumulative.No employee,agent,or management company is business as a locator service(whose name and address is disclosed on personally liable for any of our contractual, statutory,or other page 6).If not,the following applies:(1)this Lease Contract is voidable obligations merely by virtue of acting on our behalf.This Lease atyour optionand is unenforceableby us(except forproperty damages); Contract binds subsequent owners.Neither an invalid clause nor the (2)we may not recover past or future rent or other charges;and(3)we omission of initials on any page invalidates this Lease Contract.All will be in violation of the Texas Penal Code and the Texas Deceptive notices and documents may be in English and,at our option,in any Trade Practices Act.The above remedies also apply if both of the language that you read or speak All provisions regarding our non- following occur: (1)the Lease Contract is automatically renewed on a liability and non-duty apply to our employees, agents, and month-to-month basis two or more times after membership in TAA management companies.This Lease Contract is subordinate or and the local association has lapsed;and(2)neither the owner nor the superior to existing and future recorded mortgages,at lender's management company is a member of TAA and the local association option.All Lease Contract obligations must be performed in the at the time of the third automatic renewal.A signed affidavit from county where the apartment is located, the local affiliated apartment association which attests to non- membership when the Lease Contract or renewal was signed will We may deactivate or not install keyless bolting devices on your be conclusive evidence of non-membership.Governmental entities doors if(1)you or an occupant in the dwelling is over 55 or disabled, may use TAA forms if TAA agrees in writing. and(2)the requirements of Section 92,153(e)or(f)of the Property Code are satisfied. Security Guidelines for Residents 36. SECURITY GUIDELINES. In cooperation with the Texas PERSONAL SECURITY-WHILE OUTSIDE YOUR APARTMENT Apartment Association, we'd like to give you some important 15. Lock your doors while you're gone.Lock any door handle lock, safety guidelines. The Texas Police Association and the Sheriffs' keyed deadbolt lock,sliding door pin lock,sliding door handle Association of Texas have approved these suggestions. We latch,and sliding door security bar that you have. recommend that you follow these guidelines and use common sense in practicing safe conduct.Inform all other occupants in your 16. Leave a radio or TV playing softly while you're gone. dwelling, including any children you may have, about these 17. Close and latch your windows while you're gone,particularly guidelines. when you're on vacation. PERSONAL SECURITY-WHILE INSIDE YOUR APARTMENT 18. Tell your roommate or spouse where you re going and when you'll be back. 1. Lock your doors and windows-moven while you're inside. 19. Dont walk alone at night.Don't allow your family to do so. 2. Engage the keyless deadbolts on all doors while you're inside. 20. Dont hide a key under the doormat or a nearby flowerpot. 3. When answering the door,see who is there by looking through These are the first places a burglar will look. a window or peephole.If you don't know the person,first talk 2L Don't give entry keys,codes or electronic gate cards to anyone. with him or her without opening the door. Don't open the door if you have any doubts. 21 Use lamp timers when you go out in the evening or go away on 4. If children(who are old enough to take care of themselves)are vacation. They can be purchased at most hardware stores. left alone in your apartment,tell them to use the keylessdeadbolt 23. Let the manager and your friends]mow if you'll be gone for an and refuse to let anyone inside while you are gone-regardless extended time. Ask your neighbors to watch your apartment ofwhethertheperson isastrangeroranapartment maintenance since the management cannot assume that responsibility. or management employee. 24. While on vacation,temporarily stop your newspaper and mail 5. Dont put your name,address,or phone number on your key delivery,or have your mail and newspaper picked up daily by ring. a friend. 6. If you're concerned because you've lost your key or because 25• Carry your door key in your hand,whether it is daylight or dark someone you distrust has a key,ask the management to rekey when walking to your entry door.You are more vulnerable the locks.You have a statutory right to have that done,as long when looking for your keys at the door. as you pay for the rekeying. 7. Dial 911 for emergencies.If the 911 number does not operate in PERSONAL SECURITY-WHILE USING YOUR CAR your area,keep phone numbers handy for the police,fire,and 26. Lock your car doors while driving.Lock your car doors and roll emergency medical services.If an emergency arises,call the up the windows when leaving your car parked. appropriate governmental authorities first, then call the management, 27. Don't leave exposed items in your car,such as cassette tapes, 8. Check your smoke detector monthly to make sure it is working wrapped packages,briefcases,or purses. properly and the batteries are still okay. 26. Don't leave your keys in the car. 9. Check your door locks, window latches, and other security 29. Carry your key ring in your hand whenever you are walking to devices regularly to be sure they are working properly. your car-whether it is daylight or dark and whether you are at 10. If your doors or windows are unsecure due to break-ins or home,school,work,or on vacation. malfunctioning locks or latches,stay with friends or neighbors 30. Always park in a well-lighted area.If possible,try to park your until the problem is fixed. car in an off-street parking area rather than on the street. 11. Immediately report to management-in writing, dated and 31. Check the backseat before getting into your car. signed any needed repairs of locks,latches,doors,windows, 32. Be careful when stopping at gas stations or automatic-teller smoke detectors,and alarm systems. machines at night-or anytime when you suspect danger. 12. Immediately report to management-in writing, dated and signed-any malfunction of other safety devices outside your PERSONAL SECURITY AWARENESS apartment,suchasbrokengatelocks,burned-outlightsinstairwells and parking lots,blocked passages,broken railings,etc. No security system is failsafe.Even the best system can't prevent crime.Always act as if security systems don't exist since they are subject to malfunction,tampering,and human error. We disclaim 14. Mark or engrave your driver's license number or other any express or implied warranties of security. The best safety identification on valuable personal property. measures are the ones you perform as a matter of common sense and habit. APAErMercr LeASE CoNmAc-r 0 2003,TE As AewarM w Assocurrom,Inc PAGE 5 cr 6 When Moving Out 37. MOVE OUT NOTICE. Before moving out,you must give our 41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. representative advance written move-out notice as provided below. You'll be liable for the following charges,if applicable:unpaid rent; Your move-out notice will not release you from liability for the full unpaid utilities;unreimbursed service charges;repairs or damages term of the Lease Contract or renewal term.You will still be liable for caused by negligence,carelessness,accident,or abuse,indud ing stickers, the entire Lease Contract term if you move out early(paragraph 22) scratches,tears,bums,stains,or unapproved holes;replacement cost of except under the military clause(paragraph 23).YOUR MOVE-OUT our property that was in or attached to the apartment and is missing; NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING: replacing dead or missing smoke-detector batteries at any time;utilities • We must receive advance written notice ofvourmove-out date for repairs or cleaning;trips to let inmmpanyrepresentativestoremove The number of days of the advance noticemust be at least the your telephone or TV cable services or rental items(if you so request or number of days of notice required in paragraph 3 or in special vemovedout);trips toopentheapartmentwhenyouoranyguestor provisions--even if the Lease Contract has become a month-to- occupantismissingakey;unreturnedkeys;missing orbumed-outlight month lease.If a move-out notice is received on the first,it will bulbs;removing or rekeying unauthorized security devices or alarm suffice for move-out on the last day of the month of intended systems;agreed reletting charges;packing,removing,or storing move-out,provided that all other requirements below are met. property removed or stored under paragraph 13;removing illegally parked vehicles;special trips for trash removal caused by parked • The move-out date in your notice[check one]:O must be the last vehicles blocking dumpsters•false security-alarm chargesunless due day of the month;or O may be the exact day designated in your to our negligence;animal-related charges under paragraphs 6 and 27; notice.If neither is checked,the second applies• government fees or fines against us for violation(by you,your • Your move-out notice must be in writing.Oral move-out notice occupants,or guests)of local ordinances relating to smoke detectors, will not be accepted and will not terminate your Lease Contract. false alarms,recycling,or other matters;late-payment and returned- check Your move-out notice must not terminate the Lease Contract check charges; a charge (not to exceed $100)for our time and sooner than the end of the Lease Contract term or renewal period. inconveniencecodonocs in our lawful removal tt n animal or in any valid eviction proceeding against you,plus attorney's fees,court costs,and YOUR NOTICE IS NOT ACCEPTABLE IF IT DOES NOT COMPLY filing fees actually paid;and other sums due under this Lease Contract. WITH ALL OF THE ABOVE.Please use our written move-out form. You must obtain from our representative written acknowledgment You'll be liable to us for: (1)charges for replacing all keys and access that we received your move-out notice.If we terminate the Lease devices referenced inparagraph51f youfail toreturn them on orbefore Contract,we must give you the same advance notice—unless you your actual move-out date;(2)accelerated rent if you have violated are in default. paragraph 32;and(3)a reletting fee ff you have violated paragraph 11. 38. MOVE-OUT PROCEDURES. The move-out date can't be changed 42. DEPOSITRETURN,SURRENDER,AND ABANDONMENT.We'll unless we and you both agree in writing.You wont move out before mail you your security deposit refund(less lawful deductions)and an the Lease Contract term or renewal period ends unless all rent for the itemized accounting of any deductions no later than 30 days after entire Lease Contract term or renewal period is paid in full. Early surrender or abandonment,unless statutes provide otherwise. move-out may result in reletting charges and acceleration of future rent under paragraphs 11 and 32.You're prohibited by law from You have surrendered the apartment when:(1)the move-out date has applying any security deposit to rent.You won't stay beyond the date passed and no one is living in the aparlmtentinour reasonablejudgment; you are supposed to move out.All residents,guests,and occupants or(2)all apartment keys and access devices listed in paragraph 5 have must surrender or abandon the apartment before the 30-day period been turned in where rent is paid—whichever date occurs first for deposit refund begins.You must give us and the U.S.Postal You have abandoned the apartment when all of the following have Service,in writing,each resident's forwarding address. occurred:(1)everyone appears to have moved out in our reasonable 39. CLEANING. You must thoroughlyclean the apartment,including judgment(2)clothes,furniture,and pen;onal belongings have been P < ding 1ku y removed in our reasonable judgment;(3)you've been in doors,windows,furniture,bathrooms,kitchen applitt ins,patios, non-payment of rent for 5 consecutive days,or water,gas, balconies,garages,carports,and storage rooms.You rnua follow ore service for theapautnentnotconnected inournamehasbeen move-out cleaning instructions if they have beenrovided.If terminated;and(4)you've not responded for 2 days to our notice left dont clean adequately, you ll be lial(�edfp reanab)tt Clearyyou on the inside of main entry door,stating that we consider the charges—including charges for cleaning apartment abandoned.in apartment is also"abandoned"10 days walls,etc that are soiled beyond normal wear(that is wearor g after the death of a sole resident that occurs without negligence,carelessness,accident,or abuse). *mender,abandonment, or judicial eviction ends your right of 40. MOVE-OUT INSPECTION. You should meet with our sfossessionfor all purposes and gives usthe immediate right to:dean representative for a move-out inspection.Our representative has no up,make repairs in,and relet the apartment,determine any security authority tobindorlimit usregarding deductions for repairs,damages, deposit deductions;and remove property left in the apartment. or charges.Any statements or estimates by us or our representative are Surrender,abandonment,and judicial eviction affect your rights to subject to our correction,modification,or disapproval before final property left in the apartment(paragraph 13),but do not affect our refunding or accounting. mitigation obligations(paragraph 32). Signatures,Originals and Attachments 43. ORIGINALS AND ATTACHMENTS.This Lease Contracthas been executed in multiple originals,each with original signatures—one for You are legally bound by this document Please read it carefully you and one or more for us.Our rules and community policies,if any, Before submitting a rental application will be attached to the Lease Contract and given to you at signing. or signing a Lease Contract,you ay take a copy When an Inventory and Condition form is completed,both you and of m these documents to review and/or consult an attorney. we should retain a copy.The items checked below are attached to this Lease Contract and are binding even if not initialed or signed. Additional provisions or changes may be made O Access Gate Addendum, dated in the Lease Contract if agreed to in writing by all parties. O Additional Special Provisions You are entitled to receive an original of this Lease Contract O Animal Addendum after it is fully signed.Keep it in a safe place. O Apt.Rides or Community Policies,dated D Asbestos Addendum(if asbestos is present) Resident or Residents(all sign below) O Early Termination Addendum, dated O Enclosed Garage,Carport or Storage Unit Addendum, dated Cl Inventory dr Condition Form O Intrusion Alarm Addendum,dated O Lead Hazard Information and Disclosure Addendum O Lease Contract Guaranty( guaranties,if more than one) O Legal Description of Unit(if rental term longer than one year) Cl Mold Information and Prevention Addendum O Move-Out Cleaning Instructions, dated O Notice of Intent to Move Out Form Owner or Owner's Representative (signing on behalf of owner) O Parking Permit or Sticker(quantity:_) Cl Repair or Service Request Form O Satellite Dish or Antenna Addendum O TCEQ Tenant Guide to Water Allocation O Utility Allocation Addendum for. O electricity O water O gas Address and phone number of owner's representative for notice purposes Cl central system costs Cl trash removal ❑Utility Submetering Addendum for.O electricity O water O gas 71 Other Name and address of locator service(if applicable) Date form is filled out(same as on top of page 1) Anurrn>nvrLusecoir cr TAA Official Statewide Form 03-AI&1/&2;Revised October 2003 Copyright 2003,Texas Apartment Association,Inc PAGE60e6 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