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Contract 32385
CITY SECRETAR3Q36ff CONTRACT Np INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and AHF-QUAIL RIDGE,LLC. 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 AHF-QUAIL RIDGE, LLC., ("Apartment"), whose address is 4500 Brentwood Stair Blvd. (Apartment address), acting by and through Anterra Management Corp., its duly authorized agent. (Sometimes City and Apartment are referred to individually as a"Party"and collectively as the"Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Gulf Coast and the City of New Orleans, Louisiana as a result of the wide spread devastation and flooding following Hurricane Katrina's landfall in southern Louisiana,Mississippi and Alabama. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to providing interim shelter for those evacuees (hereinafter referred to as tenant or tenants)that City determines to place in Apartment and to provide assistance for tenants under the Katrina interim shelter program("Program"). NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as follows: ARTICLE II LEASE OF RENTAL UNITS (a) This Agreement applies to the Rental Units specified in the attached Exhibit "A" ("Rental Units"). HOUSING ASSISTANCE PAYMENT AGREEMENT Page 1 Revised 9/15/05 "5 (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. (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." HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 Revised 9/15/Q5 (c) If Apartment does not maintain the Rental Units and the Premises in accordance with the MAS, City may exercise any available remedies as set forth in this Agreement. City may not exercise such remedies against Apartment because of an MAS breach for which the tenant is responsible, and that is not caused by Apartment. (d) City or its agents may inspect the Rental Units and the Premises at such times as City determines necessary, to ensure that all Rental Units are in accordance with the MAS. (e) City must notify Apartment of any MAS defects shown by the inspection. (f) Apartment must provide all housing services as agreed to in the Lease Contract. ARTICLE IV TERM OF AGREEMENT (a) The term of this Agreement begins on the date of countersignature by City, and terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract entered into pursuant to this Agreement, whichever come first. (b) Termination During Initial Term of Lease Contracts. If Apartment breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Rental Unit,City may terminate this Agreement as to any Rental Unit or as to all Rental Units, in its sole discretion. Prior to termination of this Agreement, City may give Apartment opportunity to cure said breach as set forth in Article VIII(b). (c) Termination During Any Renewal Term of Lease Contracts. During any renewal term of any Lease Contract executed by Apartment and tenant under this Program for any of the Rental Units,this Agreement may terminate as follows: 1. The Agreement terminates automatically as to each Lease Contract that is terminated by Apartment or the tenant. 2. City may terminate Program assistance for a tenant for any grounds authorized in accordance with U.S. Department of Housing and Urban Development ("HUD") or FEMA requirements upon written notice to Apartment. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to that Lease Contract. Apartment must notify-City in writing of the vacancy as soon as Apartment knows of it. 4. City may terminate the Agreement if City determines, in accordance with FEMA and/or 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 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 HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 Revised 9/15/05 payments on behalf of tenant's family members who remain in the Rental Unit. 7. City may terminate the Agreement as to that Rental Unit if City determines that the Rental Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Apartment has otherwise breached the Agreement. (d) If City or a tenant terminates a Lease Contract under this Agreement during the initial three (3) month term for any reason not Apartment's responsibility, City shall pay Apartment Rent, as hereinafter defined, on the Rental Unit for the remainder of the initial term, minus any days for which Rent has already been paid. (e) If for any reason Program assistance is terminated, Apartment shall have the right to terminate this Agreement and/or tenant's right to possession of any Rental Unit not being paid for by City. ARTICLE V RENT (a) All rent rates are as outlined in the attached Exhibit "B" ("Rent"). (b) City must determine whether the Rent to Apartment is reasonable in comparison to rent for other comparable unassisted units. To make this determination,City must consider: 1. The location,quality, size,unit type, and age of the Rental Units; and 2. Any amenities, housing services, maintenance and utilities provided and paid by Apartment. (c) During the Agreement term, the Rent may not exceed rent charged by Apartment for comparable unassisted units in the Premises. Apartment must promptly give City any information requested by City on rents charged by Apartment for other units in the Premises or elsewhere. ARTICLE VI CITY PAYMENT TO APARTMENT (a) Program Payments 1. City has allocated no money under this Agreement to make Program payments to Apartment. City will pay Rent pursuant to invoices issued to City by Apartment for Lease Contracts for all Rental Units covered by this Agreement. Apartment will take all necessary steps to become a vendor for the City and will issue an invoice to City once a month no later than the twenty-fifth day of that month for the total amount of Rent due for all Rental Units covered by this Agreement for the next month, and City will make Program payments to Apartment in accordance with Article VI(a)2. 2. During the term of the Agreement, City shall make monthly Program payments to Apartment on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an invoice from Apartment. 3. Except as provided in Article IV(d) of this Agreement, Program payments shall only be paid to Apartment while a tenant is residing in a Rental Unit during the term of the Agreement, and City shall not pay a Program payment to Apartment for any month after the month when the tenant moves out. (b) Unless Apartment has complied with all provisions of the Agreement, Apartment does HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Revised 9/15/05, not have a right to receive Program payments under the Agreement. (c) Rent shall not be prorated for a partial month and Apartment shall provide Rental Units to tenants for a partial month without assessing Rent. (d) The Program payments shall be credited against the monthly Rent to Apartment for the Rental Unit. (e) Limit of CITY responsibility. 1. City is only responsible for Program payments to Apartment in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Apartment in excess of the Program payment. City shall not pay any other claim by Apartment against the tenant. 3. City shall be liable to Apartment for damages by tenant in an amount up to but no more than $300.00, which Apartment shall accept as liquidated damages from City. Apartment may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (f) If City determines that it has paid Apartment more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Apartment. (g) Apartment Certification During the term of this Agreement,Apartment certifies that: 1. Apartment is maintaining the Rental Units and Premises in accordance with the MAS. 2. Rental Units are leased to the tenants under a Lease Contract in the form attached hereto, and said Lease Contract is in accordance with the Agreement and Program requirements. Apartment has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Apartment, Apartment has not received and will not receive any payments or other consideration (from the tenant, City, HUD, or any other public or private source) for lease of any Rental Unit during the Agreement term, or if Apartment does receive any such payments or other consideration, Apartment shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Rental Unit. 5. Apartment(including a principal or other interested party) is not the parent,child, grandparent, grandchild, sister, or brother of any member of the tenant's family, unless City has determined(and has notified Apartment and the tenant's family of such determination) that approving lease of the Rental Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. ARTICLE VII PROHIBITION OF DISCRIMINATION (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Apartment shall not discriminate against any person because of race, color, religion, HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 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. L HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Re vise 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. R� !1�� HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 kev& , � �e (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 HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/05 or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. (e) City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. (f) Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Agreement, venue for action shall lie in Tarrant County,Texas. (g) This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be approved by each Party. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies, on the date or dates indicated below. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05 ATTEST: CITY OF FO W RT f- VA By: Marty Hendrix, Ci Secretary Joe Pani a, sista t ity Manager I NO M&C REQUIRED Date: APPROVED AS TO FORM AND LE ;x L �.ITY: (VMW4 Xs ' ant City Attorney APARTMENT AHF-QUAIL RIDGE,LLC- By: Name: Title: President, Anterra Management Corp, Agent for AHF- U IL RIDGE LLC. Date: HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Revised 9/15/05 EXHIBIT "A" RENTAL UNITS The Rental Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Zero Bedroom Rental Units (insert addresses below): One Bedroom Rental Units (insert addresses below): 4500 Brentwood Stair Blvd, Ft. Worth, TX #2023, #2109, #2143, #2007, #2028, and #2142 Two Bedroom Rental Units (insert addresses below): 4500 Brentwood Stair Blvd, Ft. Worth, TX #1113, #1116, #1119, #1137, #2057, #2083, #2114,#2115 and#2140 4500 Brentwood Stair Blvd, Ft. Worth, TX #1080, #1085, #1087, #1094, #2086, #2089, #2090 and#2092 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: Office/clubhouse 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) $995.00 for a three bedroom apartment. The rental schedule above is for an unfurnished apartment. �U 411y . 7 .':,Ji.IlifU �LL?a EXHIBIT "C" UTILITIES AND APPLIANCES Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall provide or pay for the utilities and appliances indicated below by a"C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Apartment shall pay for all utilities and appliances provided by Apartment. Item Specify fuel type Provided by Paid by Heating G Natural gas G Bottle gas G Electric A C Cooking G Natural gas G Bottle gas G Electric A C Water Heating G Natural gas G Bottle gas G Electric A C Other Electric A C Water A A Sewer A A Trash Collection A A Air Conditioning A C Refrigerator A A Range/Microwave A A Other(specify) L t:1 ` Ora-zn lu �i$�ll � � �LS41.o EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY APARTMENT WITH TENANTS SHALL BE ATTACHED] TEXAS APARTMENTASSOCIATION Apartment Lease Contract Date of Lease Contract This is a binding contract.Read carefully before signing. n (when this Lease Contract is filled out) t� a, RAM y°�a y y A;a' atnngrTn'rXGC1I ::a;h_ . <t L PARTIES.This Lease Contract is between you,the neeident(s)(list a0 ofE plus a late charge of3 per day after that People signing the Lease Contract): date until paid infull.Daily late chargeswill noteweed 15 days for any single month's sent.You ll also pay a large of$ for each retumedcheckor ejected automaticelMmnic draft,pluairdtialand daily htedargesh-acluedateuntilwereceive ameptablepaymeot lfyoudon't and us,the owns: payrentondnra,youlibedelinquenfandallremeedfesundersatelawand al. diiste CmtrectwIRbemdwized UyouvWatethermimalnesUietWw (name of apartment community w title holder). You've agreed to rent of paragraph 27 or other animal rules,you'll pay an initial rlarge of Apartment No. at $ per animal(not to exceed$700 per animal)and a daily (street address) dargeofS pa-doral(nottoeraeed$10p-dayperani.W) in (city), hvmUwdatetheardmdweebmughtintoyomaparhm tuntilitisBnally Texas, (zip code)for use as a private removed.We'll also have all otherremedies forauch violation. residence only.The terms`you'and"youe rekr to all residents listed 7. UTILITIES.We'll pay for the following item%Ifrhecked:O gas O water above.The terms"we,""uta,"and"out refer to the owner listed above Owaalewater Oelectricity Otrash OcableTV Omasteranlerau. and not to property managers or anyone else.Written notice to or from You'll pay for allodwutilities,related depadb,ardmycharges,fasts,or our managers mnadtutes notire to or from us.If anyone else has servimmaurhutilitieaduringyou lL "CmbmdtermYoumustnot gu teedpedomarieeofHdete Cantrect,auparateLeaseConbr d alloveanyutilities(other than cable Tl)lobecutofforswltchedfor Guaranty for each guarantor is atadad. anymsson—ineudingd)cmwtionforotpaymgyorabil6e tUdw 2. OCCUPANTS.Thea ant will led only you (list Leave Contract term or renewal period ads.If a utility is submetexedor P occuP Yby Y° prontedbyanalkxiHonloraads,wewlllaltadunaddendum tothisLnse all otkn occupants not signing the I="Contract): Contractincompliancewlthstedeagencynulesorctyordinance.Us utility bindividuaRymeteed,itmustbeconneceedlnymmzamemut you must no*the utility provider ofyourmoveoutdatesothemelercanbe timely sea&Uyoudelaygettingfttumedoinyoucnamrbyleasec=m A roemalt orcause ittobe transferred back hW ournrame before you surrender or NoameetaemayookupytheapartmcoL Persons not listed above must drandonthemiLyoullbeliablefora$ charge(nottoexceed not say in the apartment for more than_consecutive days 550),plustheachj4orwtiumtedcoatoftheutilitles usedwhiletheutility without our prior written mnsen4 and no more than twice that many should have been connected my=name.Ifyou are in an area open to daysinanyonemonth.(f the previous space isn'tfilled in,two days Per competition and your unit is individually metered,you may choose m°nik is the limit or change your retail electric provider atony time.If you qualify,your +I. I provfderwillbe the same as ours,unless you dnoseadi(fetaupros'ider. C 3. LEASE TERM The initial term of the Lease Contract begins If ou choose or change yourprovider,you must give us writtennotim .I� must pay all applicable providerfees,including anyfeeo toc ange I day of back into ourname after you move out anderidsatmidnightthe dayof (year).This Lease Contract will automatically�q m 9 CL+ Our asg t your doe net provide coorrsse fore to t posonal to-mronHn unless either party gives at least �°a t urge you to gut your Oran boom for lasses Awe to thcfl,fere, ! noticeoftemrinationorintenttomovebutasrequiredbyparagmph37. gc,ard the idr.You intact ainats aryl Ifthe number ofdays isn'tflled in,at least 3 'req ad. tbuy Isuance to protect agaWtauu2r Imssa,or � m your own agent b rover will kxuaa. L SECUR(rYDEP05[T.Thetoalsecurit o l i8en ladge that you will not have insurance coverage S.due on or before the date ff"Lease Contract is slgred.Thty SECURITY DEVICES.WhatWeMuatPmvide.jenllaxn;;z1tcLHith I are untfolmdoml:OdoesorOdoesnotindudeananimaldeposit� �phme�typH°nn.Hiafwe..�utprcvideatnncesttoynuwhwnomivancv animal deposit willbe stated In an animal addendum See paraa�of sr win'w'"h n.h •n'ewi'la'onrvie a inmv' lei 6 i 41 and 42 for security deposit return infor ation. �on°rh*s tri°rd t31 Rp 1°r�grh<Ndi^gut=r;M,i— handl latch or a securityJhron each slidingdaor:(Sl a�tyleseb°Itino S. ISYS AND FURNITURE You will be provided apartment device(deadbolt)nn ace hake h eri-door:and(61 oi�eddoorknnb key(s), mailbox key(.),and other access device for hock or,keyed deadbolt lock on one entry door Keyed lock(sl I mkcyeAallorlhepnorresidmtmovesnatlb zkgywg willbednneeither Any resident,occupant,a spouse who, before you move in or within 7 d�a�vo,move in, by i according to a remaining resident's affidavit,has peraonently moved eatur.If we fail toinstall or rekcy security devices m mquired by the Data(sundamurtotdertowtoderHeapartoiait,is(atamop(im)no $ape Code.yoibav herigbttodaso nddeduct r+asnkablem t longer entitled to occupancy,keys,or other access devices.Your f�)mernert=tpnm,mt.nde Se ti,...evt rel°fth CW@- apartmau wig be(cher*onel:0 furnlshed oro unfurnLshed. j What You An Now Requesting.Subject to some llmiations,under ' 6. RENT AND CHARGES.You will pay$ per month for Texas taw you may at any time ask us to:(1)install one keyed deadbolt 1 Hent Payable in advance and without demand(check one}, lock on an exterior door If It does not haw oma;(2)install a omuritybar on a didfng glass door if it does rot have we;and(3)dannge or rekey l O at the cardte manager's office,or lochs cur Istdsa We mustoomply with diore mque4q butyar muatpay O at 4rthem.SubjecttosaHatoryrednicHmaonwlat seauitydevkn you may request,yvume requesfinguetokLiuUorchaageatyowogKree: prorated rent of$ is due for the remainder of frhw*one): O 1st moth or O 2nd month,on yno Oen,fs fila.(in,then you ant requesting atone at this thk, (year).Olhenaise,you must pay you,rent on or before the Ist dayofsorhawrthOwdole)w)lhnograceperiod Caa5isum-plablcudfhow Payment We will pay for missing security devices that us required our prior ruritkn Pmnissmn.You meat riot udfh/wld or offset rent unless by statute.You will p lf,for,(1)rhe c4ng that You requgat(exreot when we failed to rekeXatt rare the previous resident moved rantO;and authorial by statute.Wemay,at ouroption,require atony time fhatyou (2)upglrs or replacements dua toms.. Or d,ma¢e bvvo4err your pay all rami and other mums in cash,certified or cashier's clerk,money haygg,omhnontx.nrgt+gsa,Youmustpayimmed atelyafterthework 'i ander,oronem°Nldycheckotlie dt mdtiplececks.Ryoudm'tpay isdmeuntesseatesatuteauthoriseeadvaraeepaymenLYaualsomwt I; all renton orbefore the dayof the mamth and we haven't pay foradditional orctanged securitydevices you request,inadvarwe givarmtice to vacate before thatdate,you 7l payan initial latecharge orafferward,atca roptfon 10. SPECIAL PROVISIONS. The following or attached special" 11. UNLAWFUL EARLY MOVE-OAT)RELETTING CHARG&You'll provisions and any addenda or written rules fnutnlsFed to you at or be liable for a reletting charge of$ (not to exceed 65% beforespungwillbecomea panaftUsLeaseContnctandwlllsupersede any rorei�ffi provisions of this printed Lease Confect form. of the highest n,o cot during the Lease Co of tenor)U you: (1) fail to movvee in,or tail 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 bexsuse of your default;or —' (4) am)udidally evicted. T 77e rddto(g d Wge is not a°maellation fee and doe not release)ouf vm your obl(gatixis under this Lease Contract.Ser the fust Paragraph of page 2. Ymn team..,.. I—or Om Rrrauvrtsrrvr: Ar--L—C— 02M,T—Araanaom Asaoavrwu Ire Paoe1a6 1 t 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 cu14 money order,or crmtiBed check. Findingand processing areplacement.Thesedamagesare uncertain Dispositionor Sala Except for animals andproperly removed after and difficult to ascertain—particularly those relating to the deathofa solerealdentwe may throw awaya give to a charitable incmvenience,paparwork,adver iaing,shwwingapartments,utilitia orgarilutrot all Items o[ that are (1)left in the for showing,checking prospects,office overhead,marketingcosts, apartment r or abandonment property and buror-service fees.You agree that the reletting charge is■ apartment raft surrender of or abandamanb or(1)lel outside thea l reasonable estimate of such damages and that the charge is due even 1 Mur after writ of possession b executed,following judicial whether or not our reletting attempts stucreed.If no amount is eviybek nrdederem iedav ersrarerder a ti ft onmenCo ocwdm stipulated,you mustpay our actual relettingeostesofaras theycan maybekeaeledo na adwerbbcalaudtym salataa,tedofoiea be determined.The nelett l;charge does not release you from bysale hichmowneheldwhven rth=30d aybeawri ed notim cantmuedllebilityfor:ftumeapast-duerent;charges fuclearung, byeale,w�ndplamofMeseonerthan30daysrnLaU dcerdtid vepamng,repafn6r%,orunretumed keys;aother sums due. ofdataturnmelplaceofsted)lentbybstIcnowaddrilandoenodoe ma11(rhunrecdptrequssted)toyoumlsstlrown address.Tienotice 12. DAMAGES AND REIMI URSEMENT. You must pranptly pay mustitemirethe amountayouowe and the rame,addrese,and phone or reimburse us for loss,damage,consequential damages, numberoftheperson to contact about thesale,the unountowed,and government fires or charges,or cost of repairs or service in the your right to redeem the properly.Sale may be public or private,is apartment community due to a violation of the Lease Contract subject to any thud-party ownership alien claims,must be to the or rules;improper use;negligence;or intentional conduct by you highestcash bidder,and may be in bulk,m bah>,es,or item-bHtem. or your irwilees,guests or occupants.You will indemnify and hold Proceeds exceeding sums owed must be mailed to you at your last u 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 FIRSTMONIH'S RENT. If you don't pay the at your request services not contemplated in this Lease Contract. fnmtm onfh•srentwhenabefore the Lease Contradbeg'ma,allfutua Unless the damage or wastewater stoppage is due to our n ntwlllbeautovadcaIlya¢e]eatedwithoutnoticeandimmediately negligence-1Y,t'Ie not 13able for—and you must pay far— tire.We also meyend your rightof oaanpancyand recover damage repaimreplacement coals.and damage to the following if future rent,relening charges,attorney's fees,Court cost;and other occurring during the L see Contract term or renewal period: Iawfulehargea Ourrights,remedies and dutieaurderparagnphs 11 (1)damage to dean windows,or screens:(2)damage from and 32 apply,to acceleration under this paragraph. windows or doors lof!open,and(3)damage from wastewater stoppages—sed by imymper objects in lines exclusively 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No serving your amrtmenl 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. WtlalLeo Contract lean ends,except for changes allowed by any Delay in demanding suns you owe is not a waiver. special provislos in paragraph 10,by a written addendum or ame ndmmt signed by you and us,or by reasonable dungen of 13. CONTRACTUAL LIEN AND PROPIRTYLEFfIN APARTMENT. apartment rules allowed under paragraph 18 If,at least 5 days All pMpgrty.un thr muilaent k(chess exeampt under Section before the advance"ties deadline referred to]n paragraph 3,we 54-042 f the Te-s Pror.Lrty .+C de)sub'ed m a contractual lien to give you written notice of rent trraeawa or lease Contact flanges secure payment of delinquent renL For this purpose,"apanmere ef(ectivewhen the fesaeConhact term or renewalperiod ends,this excludes common areas but includes interiorliving areas andexhaior Lease Contract will automatically continue month-to-month with patio,balconies,atu edgamges,ard Fko oomafmyourerduvveuse the increased rent or tam Conhact changes.The new mocif led Removal AfterWe Exendselienforltent lfvnp.renHs dean ant Lease Contract will begin an the date stated in the nod"(without 4u--• necessity of your signature)ideas you give m written move-out our rpre,en-tall ve may yeacefulIX enter the apartment and remove notice tinder paragraph V. and(or flore all pfpp embject tp lien. Written notice of entry mustbe left afterwards in the apartment in a conspicuous place—phis 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for a list ofitems removed.The notice must state the amount ofcielinquent construction,repairs,leaning,or a previous resident's holding over, rentand the name,address,and phone nummberofthe person tocontact were rotresposlble for the delay.Thel ease ContractwNremainin abouttheamountawed.Tlanotimemustalwstatetlatthepropertywillforcesubjectto:(1)abatementofrentmadailybasisduringdelaymrd be promptly returned when the delinquent rent it fully paid.All (1)yourright totermtirate use forth below.Teralrutionnoticemust proparty-the.p-W-t spresumedtobeyouaudavp—ottewdee. be m writing.After termination,you are entitled only to refund of deposit(s)and any rent paid. Renu abotema4 of Lease Contract Removal After Surrender,Abandmment or Motion.We or law ter,.inationdoesnotapplyif delayis fordeutingorrepairs tint don't officarsmay remove and/or store all property reruining in the prevent you front occupying the apartment apartment or in common areas(inrhding arty vehicles you or any U thea is a delay and we haven't given notice of delay as at forth oocrtpard or guest owns or uses)if you are ludic any evicted a if you immediately below,you may termhate up to the date when the surrender aabandou the apartment(set,defrutionsmparagraph 42). apartment is read for but not later. partum y oecttPsrcy, Stonga We will alae property removed under a contractual hien. (1) If we give written notice to arty of you when or after the Lease We may sense,but have no duty to store,property removed after Con ractbegirs--and the notice slates thetoonmpaney has been judicial evktbnamraude:,or abandamerd of the apartment.Were delayedbeauseofoostnrction or aprevfousresldeWsholdlsg not liable for casualty loan,dosage,or theft except for property over,and that the apartment will be ready on a specific date removed under a contraMallkn.You must pay reasonable charges you may terminate the Lease Contact within 3 days of you fit our packing,removing,storing,and selling any properly.We recdvbngthe notice,but not late. have a lien on all property removed and stored after surrender, (2) Uwe give written notice to any of youbefore the effective Lease abardonren6 or judicial eviction for all sums you owe,with one Contract date and the notice stake that construction delay is exeepilan:Our lien m properly listed under Property Code Section expected and thatthe apartment will be ready for you OD occupy 54.042 is limited to charges for packing,removing,and storing. on■spscifuyou may terminate the Lease Contract within .date, Redemepdon.Ifwe'w6azedamd shnedpropertyu deracorhactual 7 daysafter any of you receives written nolimbut nalater.The lien tarentasauthorized bythe Property Code,youm syredeem the readiness date is considered the now effective tease Contract propertyby paying all delmnquerd rend due atthe time of seizure.But tate for all purposes.This new date may not be moved to an ifnoficeofsale(setforthasfollows)isgivenbefineyouseekredemptiot, earlier date unless we and you agree. you may redeem only by paying the delinquent rent and reawrable 17. DISCLOSURE RIGHTS.If someone requests information on you larges for packing,removing,and storing.If we've removed and ayourr ntalhistory forlaw-erforeemer*,govenmnaLtRL orbusiness stored property after surrender,abandonment,a judicial eviction purposes,we may provide It At our request,arty utility provider you may redeem only by paying all sums you owe,including rent, may furnish us information about peeling or metal connectitxa or late charges,xeklting charges,storage,damages,etc. We may disconnections of utility service to you unit. 16. COMMUNITY POLICIES OR RULES.You and all guests and heater without aur prior written approval;molc on balcahies or occupants mut comply with any written apartment rules and outside;or solicit business or contributions.Conducting any Idrd community policies,Including instructions for care of our property. of business(Including child car services)in your apartment or in Oaurulea arecoroidered partof this Lose Contract Wemsymake the apartment mmmmmdty is prohmited—except that any awful ressanable lunges to written rales,effective fmmedlately,if they business conducted"at hone'by computer,mail,or telephone is an distributed and applicable to all units in the apartment permitdbleifcustome cIients,patiens,orodh bnainessaw4dates community and do not flange dolor amounts on page I of this do not cmc to your apartment for business purposes.We may Lease Contract regulate:(1)the use of patios,balconies,and porches;(2)the .. conductof u rdwmmovaaeddekveg7&som;and(3)tecmuo al 19. LIaVTATIONS ON CONDUCT.The apartment and other areas activities in common areas. reserved for you private use must be kept clean.Trash must be We exclude from the apartment community est a other disposed of at leastweekly in approprkoe neceptades in aaordame may lam ty with local ordinances.Passageways may be used only for entry.or who,in our judgment,have been violating the law,violating this exit Any swimming pools,sautes,apes,towing beds,e,,mse lease Contractors,or owner representatives. We may exclude rooms,stc croome,laundry moms,and similar area;must be used neighbors,visitors,a owns repreeentativos.W e may also exclude with carein aaordancewithapartmentrules and posted signs,Glass from arty outside area orcommum area a personwho refuses toshow containers are prohibited in or near pools and all other commonphoto identification a refuses to Identifyhimselfa herself as a rasa You,your occupants,or guess may not anywhee.in the occupant,a guest of a specific resident in the community. ,:•.i;,. aFarimau community- use=dies or use kerosene lamps a 20. PROIDBPIbv CONDUCT.You and your p«apana or swan may not engage in the following activities:criminal conduct;behaving in Arurwar Iaae Outcast O 2003,Taw Arurwn 4amarox,We Pact Sa6 i^ 727 ©Copyright 2004,Texas Apartment Association,Inc. ILT 1 linin h > }i a loud or obnoxious marner,disturbing ar threatening the rights, (2)keep cabinet and closet doon open;and(3)drip hot and cold comforthealth,safety orconvenienee of Others(uu:ludng aur agents water faucets.You'll be liable for damage to our and othns' P.. end employees)In or near the apartment community;disrupting our p if damage is caused by broken wale pipes due to your business operations;manufacturing,delivering,m possessing a violating these requirements. controlledsubstance ordmgparapheaalla;engaginginordueateni ng Crime or Emergency. Dial 911 or Immediately call local medical violence;possessing a weapon prohibited by state law;discharging ewer or personnel incase of accident,Ere,smoke, a firearm in the apartment community;displaying or possessing a cted c fire. P gun,lade,or other weapon in the common area in a way that may hasuspected m.You should t activity,rr armee emergency.You ltvg tmminent alarm others:storm anything In closets having gas appliances; hnmseushould deans as antxuressori implied liedworantyo seatany hazardous oforsecuity measures asaneu�ress orimplied warranty ofseneity, tampering with a agar m nt co telecommunications;windows bringing or as a guarantee against crime or of reduced risk of crime Unless autenieb into the apartment community;using windows for entry otherwise provided b law,we're not liable to you or an or Or ext;heating the apartment with a gas-operated cookingg stove or for Y Y Y Bused oven;or injuring our reputation by making bad faith ellegatlons occupants for inqury,clearage,or]use to person or property caused by against us to others. criminal conduct of other persons,including theft,burglary,assault, vandalism,or other crimes.Were not obliged to furnish security 21. PARKING. We may regulate the time,manner,and place of personnel,security Bghtin&emrrity gates or fimces,or other foram of puling all cars,trucks motorcycles,bicycles,boats,trailers,And. securiq—ilessrequired bystatute.Wire not responsible fotobtaining recreational vehicles.Motorcycles or motorized bikes may not be criminal-history,checks an arty residents,occupants,guests,or puked 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 uest s affected a crime, u must make a written to our W;Begeny park v rowed under an appropriate salute.A representative end to the Appropriate local lawetutprrtait agency. e re unauthorized or illegally parked m the apartment You also most famish us with the low-enforcement age Kys incident community if it: (1) has a flat tire or other condition rendering R inoperable;or report number upon request j, (2) is ones judos,blocks or has wheel(spuking missing;a 25. CONDITION OF THE PREMISES AND ALTERATIONS. You i (3 takes up more than one pazldng spat or (4 belongs to a teai,d or occupant who has surrendered or accepttheapartment,lixtumesandfmaitmeasia,exreptforeaditioea abandoned the apartovenq or materially affecting the health or safety of ordinary persons.We (5) is parked In a marked handicap space without the legally ducleilm all implied warranties.Youll be given an Inventory and requited handicap iasiggnnra•or Cosditlanformonorbeforemove-in.Within48hoursaftermwe-in, (6) Is pulsed in A space mucked for office visitors,managers,or waft; you must signandnote on the form alMem or damage and retum or it to our representative Otherwise,everything will be considered to (7) blocks another vehicle from Wring;or be in a clean,safe,and good working ccindftion. (8) is puked in a fire lane or designated"noparking"arta;or (9) is puked in a space marked for other resident(s)or unit(s);or You must use customary diligence in makitaming the apartment and not (10 is puked an the grass,sidewalk,or patio;or damaging ar littering the common Areas.UrJ®Authorized by statute (Il;blocks garbage trucks from access to a dumpster,or •orbyusinwridng,youmustnotdomyrepairspa'n&�&waUpePedn& (17) Issnocunentlicense,n&Wtrationorinspectlmssticker,and we c"tjn&electrinalclunges,crothenvise alter our property.No holes give year at least 10 days notice that the veldde will be towed or sticke;are allowed inside or outside the Apartment tut well at the Owner or operatols expose if not removed. permit a reasonable number of smal nail holes for hengvhg pictures 22. RELEASE OF RESIDENT.Unless you re entitled to termbate this on sheenock walls and in groove of wood-paneled walls,unless our lease Contract under paragraphs 10,16,?3,31 or 37,you won't be rulessUfeotherwise Nowaterfumiha*,wavhhugmaddrm,addi6mal r — ro hscluding but t plane or TV-cable able outlets,alarm systems, lock dangers,additions, released from this Lease Contract for any reason + limited to voluntary or involuntary school withdrawal or trarWer, orrekeying is permitted unless statutorily allowed orwe've consented voluntary or involuntary job transfer,marriage,separation,divorce In writing.You may install a satellite dish Or antenna provided you reconciliation,lose of mtesidena,loss of employment,badour sateft llite dish or antenna lease addendum which complies Or death rrssorsabieirmrestrictions allowed by federal law.You agree not to 23. MILITARY PERSONNEL CLAUSE. You may terminate the alter,damage,or nvanwe our property,including alarm systems, Lease Contract if you enlist Or are drafted or corrunis'on in ke detectors,frtratre,telephone end cable Tv wiring,se tern, US.Armed Forces.You also may tertnute the Lean 'n� rxcvuity devices.When you move tea,well supply light (1) you we()a member of the U.S.Armed Forces o a fixtures we fumbih,Including exterior fixtures operated active duty or(it)a member of card called to front Inside the apartment;after that you'll rethem at your active duty for more than 30 dA p to pati Score typeandwatageYour improvements ( emergeruy declared by the Prew4k r or rot we aonsart)become Dura unless we (2) youaree er(i)givenctangerof� nor ere op depart the local area,(ii)deployed with a military unit for 9D days or more,or(iii)relieved or released from activeIEQUESTS,REPAIRS,AND MALFUNCTIONS. IF YOU OR After you delve b us your written termination notice the �(NY OCCI 7EANT NEEDS TO SEND A N0110E OR RFI)MT— Contract will be terminated under(his miliary clause 30 days after dViOR EXAMPLE.FOR REPAIRS.iNSTA.r AT[ONS.SERVICES.OR the date onwhich your next renal paymentis due.Youmustfumish SECtrariYMI TED MATMS=U MLWBE SIGNED ANDIN oto a copy of your pervwmentch; safion order:,all-up orders, W rWG TO Otto DESIGNATED R_E1lT AN'I'ATIVE(eexxcaeppt in or y t orders or letter. '•cry permission for base housing ase Of fare,smoke,gas,explosiay--flowing sewage,umrarmhollabk doesn't constitute a permanetgoof statim Ord .After your nming water,elechial shorts,in crime in progress)Our written notes move out well return your security azadeposit,less lawful deductions on you oral request do not mro8mk a written request from you. d If you or any coresident Are a dependent of a servicemembercovered by the U.S.Suvicem embe s Civil Relief Ad,this Lease Contract may OnroompWgwlth@ mSbary t Bey _ not be to ai ated under this paragraph without applying to a court ornaaraecunitymatters doealtwaive the strict requirementfor written and showin that yrow ability ro ccmply with the Lease Contract is mtlnes ands thN Lease Contract You muni Pro�BY rY N materially affected reason of the servtcemembela military service. writing orf:water leaks;mold;electrical problsmii malfunctioning A co-resident who is not your spouse or depumdantannot lerrminaa lights;broken or missing locks or taches;and other conditions But .I under this military clause.Unless you sate otherwise in ph pose a hazard to property,heath,or safety.We may change or install 10,you represent when signing this Lease Contrad that 1)you do utility linea or equipment saving the apadrrnant if the work b done not almdyhave deployment or change -station orders;(2)1'ou will not be retiring hom the military dunirh&the Lease Contract tam;and reasmablywithoutaubsantiatlyimasing your utilitymsa.We may (3)the term of you enlistment or obligation will not end before the tum off equipment and interrupt utilities as needed to avoid property .: Lesse Contact tern ends.You waive all rights to terminus if you damage or to per[amnwonic.Ifutilitiesmathmctiau oraeedamaged by ..I misrepresent the facts in the preceding sentence. fin,water,or similar cruse you must notify our representative 2l. RESIDENT SAFETY AND PROPERTY LOSS. You and all ratmedately.Armndntionmgpmblezmw*uornulynotemetgawa. If Air corditiomag or other equipment aulmsctiors,you must notify I:I occupants and guess must exercise due care for your own and ourreprescrntative u soon aspossibleon abusinrssday.Well ad with others'safely and security,especially in the use of smoke detectors, customary dilgare b make repairs and reconnections,taking into keyed deadbolt locks,keyless bolting devices,window latches, and othersafetyorsecvritydevlcu.You agreemaake every effort consideration when casualty insurance proceeds are received'Rant ro follow flue Security Guidelines on page S.Window screens an will not aloes lo whole or in part not for security or keeping people from falling out If we believe that fire or oastrophk dauage is substantial,or that i Smoke Detectors. WeT furnish smoke detedors As required by peefbomsru>eofneededreTA-posesadougam wemaytemdmte sante or city ordirunm and well teat tluemt and pnrvide work rg ft Lease Contract within a reasonable time you written batteries whm you first take passes Alta that,ysou must pay notice,lfthelmuCtnaadismotmuttrrted,vm%m rudpratedmt forardreplacebatteriesmneeded,unless the law provides otherwise. and all deposits,kea lawful deductlem We may replace dad Or vufcslru&batteries at your expense,withuid prior notice b you.You must OnmediaMly sport evoke detector 27. ANEMALS.Noanfmais(irrdtrdfng nramnals,rrph4a,budt fsh,rodents, malfunctions to era Neither oar nor others may disable smoke and inudd are allotard,even tempumurardy,anywhere in the apartment or liable to us under d 01f• apsrtmentmmmanityurdmsmdvemavfhonredintmiting.lfwealbwm animal,you must sign a separate animal addendum and pay an maga and aftorntle, If you disable or damage the smoke animal deposit.An animal deposit is considered a general security detector,or fad to lace a dead battery in report malfunctions to deposit.We will authorise a support animal for a disabled cans,You aLw will be labk m us and others for any loss,damage,or (handicapped)person We may require a written statement from A finea from fire,smoke,or water. qualified professional verifying the need for the support animal and CaeIt Lona We're not lidbletomy reaident,guest,or occupant we maydharge an animal deposit fora supportardmal You must not for persona]ttycry or damage or loss of Pexaonal property from fare, feed stray or wild animals. smoke,rain,flood,we r kerb,hail,ice,mow,bghhning,wind, If you or my guest ar oonspent violates animal resWctkxs(with explosions,intemrption of utilities,theft,a vandalism unless or without you kn ),you'll be subject to charges,demugea, otherwise required by Vw.Welmve no duty to remove anyice,sleep eviction,and ottar�provided in Oda Luse Contract It an or snow but remove and'amount with or without notice.Umleas ramal has been In the Apartment at timed s®of we Inemuctothezwlme,yammust—for24 hours aday during freezing aP Y �gY� weather-(1)keep the aputmmt heated m at lees[50 degseeS; occupancy(with or without our consent),well urge you for defieaing,deadondrig,and stumpocu*Initial and daily animal- Iff You Ie w -karwa or Ow Re—rArma AeAxradrLw Comxacr 020O3,Tous MAxr%mvAaeociATx%Ixe NEWF,m3a6 II i ®Copyright 2004,Texas Apaitalent Association,Inc. 728 4 violation charges end annul-removal charges are liquidahed damages unauthorized security devices:removing unauthorized window for our time,i nmwedenm and overhead(except for attorney's fees and coverings;stopping excessive noise;removing had&or safety litigation mots) and rules.We maymoave bazards(including hazardous materials),or items prohibited an unauthorized aniaul by(1)leavi%In a conspicuous place yt the underourrules;removingperishablefoodshfffelfymaeleeiricity apartment,a 24-hour wrl6ert notice of anent to remove the anima),and is disconnected;removing unaudnriud animals;cutting off Mfollowing the procedures ofpangrapb 28.We may keep or kentvl the electricity according to statute:retrieving property owned or animal orturn Rovalo ahumanesocietyorloalau0ronity.Whankeeping leased by fomuerresidents;inspecting when immediate danger to or kenneling-ardo4wewau'tbeliable for losslan meirness,adeath pereonorproperty isreasonably suspected;all-ingpersons to ofthe armnal unless due to ournegligaheaWe'll retumtheanimalmyou enter as you authorized in your rental application(nfyou die,are upon request if it has not already been turned over to a hrmare Soddy incarcerated etck allowing entry by a law offioerwith a search or or local autlmrity.You must pay fix tis an bears reasonable are and anvdwanwt,orinbDtpurswtshowingapartmautoprmpective kermelang larges.We have no lien on the amoral for any purpasa residents(after move-out or note notice has been given);or 28. WHEN WE MAY)INTER. If you or any gust or occupant is ahowmgapsrtme ttogovemmentreprem=tivesfwthelimited present then repaumv,Servkes,mntractas,our representatives, purpose of determining housing and fire ordnance compliance, or other persona listed In(2)below may peacefully enter the and to lenders,appraises,contractors,prospective buyers,or apartment at reasonable times for the purposes listed in(2)below. naursnce agenbs. 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 ce master key(err jointly and severally Liable for all Lease Contract obligations Y you by breaking a window or other mean when ru cem ary)1h or any guest or occupant violates the lease Contract or rules,all (I) written notice of the entry is left Ina conspicuous place in the residents are considered to Iuve 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 raphe enb;mtlmutingrepairorrefuubiadngests;performrtng resident or occupant(including notices of Lease Contract termination, repair requests,and entry permissions)constitute notice from all ppaest control;dong preventive meintenarce;dudd:ng fa water residents. In eviction suitr.each resident is considered the agent of reftleleaksva,gureturndlooeequiplanngmpplianes reverting another idmtsintivaparbcr tioraerviceofprocras.Anyresident wastvingurmdmnercisi gourpmentaallLM-kavingventing who defaults=der this lease Contract will irWeuvufy the non- deli e d ip inst:exercising red our ting,or replacing apgnotioes, defaulting residents and their guarantors.Security deposit refunds delivering,installing,reconnecting,a reptadng appfianees, maybe by one duckjointlypayable to all residents;the duck and any frunitvrs,egdprunt orseevmtydevrcrs;renovug orrekeyug deduction itemizations may be mulled to one resident only. 30. REPLACEMENTS AND SUBLETTING. Replacing a reaident, Procedures for Replacement. If we approve a replacement subletting,or assignment is allowed only when nae consent in writingresident they at our option:(1)the replacement resident must sign If departing or remaining residents find a replacement resident thfr lease Contract with or without an Inaease in the told security acceptable to n before moving out and we expressly consent to the deposit or(2)the remaining and replacement residents mud sign replacement subletting,or assignmenk then: an entirely new Lem Contract. Unless we+gree oOrrwise fn sorting,your security deposit will aurora -eodly carafert f to the (1) ■relettingsons dodge not be due; �1s�eq resident as of the date we approve The deputing (Zl ■reyingheadministrativeXbeUr (pang isra seedo be due,ands resident will no longerbuve a right to occupancy or a security deposit rrkeyingfxwRbeubse LErakeyingG requea4d orraquired;and refund,but will remain liable for the rem,Inderof the original Lease (3) the departing and remaining residents wr-9 remain liable for all Contract term unless we agree otherwise err writing"en if a new Law Contract obligations for the rest of the original Lease lease Contact a®geed. Contract term. a r 31. DEFAULT BY OWNER. WeT act with customary diBgeha to: sums due;the filing or acceptemoe doesn't waive or diminish our (1) keep common areas reasonably clean,subject to paragraph 25; rfghtofevhtiaymmyothaaaumdualmstatuturydghtAccepting (2) maintain fixtures,fumriture,hot water,heating,and A/C many at any time doesn't waive our right to damugry put or equipment; future rant or other sums•,at to continue with eviction proceedings. (3) substantially comply with applicable federal,state,and local Acceleration All monthly rent for the restof the Lease Contracterm laws regarding safety,sanitation,and fair housing,;and or rere wal period willbeaemlerated automatuallywithoutnoticeor (4) make all reasonable repairs,subjectto your obligation to pay for deaund(bdaemafteraoodm m)andtvffibefmmedkbdydmmd damages for which you are liable. delburyad it without our written consent.(1)you move out remove Uwe violate any ofthe above,you mayposiblyterminate this lease propertylnprepadngtemweout,or give oral orwrittenrwtice(by you Contract and exercise other remedies under Property Code Section or any occupant)of intent to move out before the Lease Centrad term 92456 by Wowing this Procedure, or renewal period ands;and(2)you've not paid all rat fa the entre (a) all rertmutbe current and mat make a written fir Lease Contract term or renewal period. conduct is considered■ Yon > t default frewhidhwe neednotgiveyou notice RemWnungrentalsowiB repair or tamed of the cadition—after which well have a be accelerated if you're judicially evicted or ewe out when we reasonable time bar repair or aeaedr, demand because you ve defaulted.Acceleration is subject to our (b) Uwe UR to do so,you mustmakeasmeordwrittmrsqu stforthe mitigation obligations below. toppaazrr or remedy(to make are that there has been no Holdover.You or any occupant,invitea,or guest must not hold over asiscoruruurJcadon between see)-after which well have a beyond the date contained in your move-out notice or our notice to reasonable time for the repair or reedy:and vacate(or beyond a dWemntmove-out date agreed Toby the parties in (e) Ifs et repair renndyadUhasn't beawomplialed wifhht that writing).Ifa holdover occurs,them(1)holdover rent is due in advance le time period,you may ins ediateky terminate Ods onadailybasisandmaytKm deEnquentwfthoutrmdmwdemand; Lease Contract by giving us a final written notice,You aro may (2)rat for the holdover period wiUbe increased by29%over the then- are®e other staluftyvemedies. existing rent,without notice;(3)you'll be Liable to us(subject to our ]plead of giving the two vrriOah requests referred to above,you may mitigation duties)for 4rent for the full term of the previously signed gave us we request by certified moil,return receipt requested,or by Lease Contract of a mew resident who can't occupy because of the registendmag-After which wewill have a reasonable time forrepafr holdover and(W at our opOmy wemay extend the Lease Contract or remedy.'Reasonable time'takes into account the nature of the terve--for up to one month from the date of notice of Lease Contract probkmmdtheremnableavanabilityofmataiala,Wmr,ahoutWtim. extension--by delivering written notice to you or your apartment Your rest must be current at the time of any request We wdl refund while you cadime to hold over. security deposits and prorated rase as required by law. Other Rmudiee.If your rent is delinquent and we give you 5 days' . 32. DEFAULT BY RESIDENT.You7lbein default ill(1)you donre't pay � 'ttehnotice,we may terminate electricitytlatwe'vefurWhed u expense,unless govemmenld =regulations submetering or rent or other amounts Oyut o u owe;(2)yo a an y 8�t amoPant utility proration provide otherwise.We may repot=paid aro=ter 3 violate chit Lease Contract apartment r lts,or fire,safety,bealOy or to credit agencies.If you default and move out early,you will pay afmdnallawe,regamBessofwhetheradrestor canvidbnoccurk(3)you us any amounts stated to be rental discounts agreed to in writing, . abandon the apartment(4)you give nuoaect or false answers In a In addition to other sums due.Upon your ddault we have all ad" renalapp*atimh;(5)youoranyoccvpantisamrsted,durged,eletained, legal n e ediss,including Lease Contract termination and statutory rmvided,agtvmdeferredadjudimdon[aa felonyoftemeimolving lockout under Section 92.0081 of the Property Cade.Unless a party achulorpolatialplrysiolharm Waperson,cam hwdving possossien, is seeking exemplary,punitive,sentimental,or personal-injury manufacture,a defivaY o[•mtnoled subearoe,urariluana,a drug damages,the prevailing party may recover from the ncr prevailing paraphenaaaudefaadinOuTemControOed Su6danc�es Act(6)anY party attorney's fees and all other fitigatien mets.Late charges are illegal drugs a paraphernalia are found In your apartment at a(7)youliquidated damages for our time,nummvenience,and overhead in orayoacvpa4bribed h1thmakesanimalidlabtabtlimmhplaiMtuan collecting late rat(but are not for attorney's feed and litigation ' official or employee of a utility company or the government costs).All unpaid amounts bear 18%interest per year from due ' Evietbay V you default ser nay end your right of occupancy by giving date,compounded annually:You rant pay all mBection-agency you a 24-hour vhittta notice to arcate.Notice may be by:(1)regularfres if you fail to pay all sums due within 10 days after we mail you matl;(2)certified malt,recur rceiptrequested;(3)personal delivery will addeddemanif you don't and acting tine!thatcolldeadline. to fees to any resident;(4)personal delivery at the apartment to any will be added!f you don't pay all sums by that deadlna. 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 antry door.Termination of your possession to paragraph 11 and all other remedies.Well exercise custommy rights or subsequent reletting doesn't release you from lability for dLhgece to relet and minlin se damages.Wn creditaltsubsequent m future rent or oOner Lease Contract obligations.After giving notice rent that we actually recdve from subsequent residents againtyour to vacate or filing an eviction,suit we may MM accept rent or other lability for pastdw and future rat and other sums due. Ararwar Lrua Cowaaa 4)mots,Tww Aaameoor Aae—nort lac NRWPaoa4ors i I r. 17.� ir. 729 0 Copyright 2004,Texas Apartment Association,Ina j 33. MISCELLANEOUS. NedwulencranyofourrepramMtivokaoe Cable channels that an provided maybe charged duringtbeiease mads any oral promises,representations,or agreements, This Low Contract term if the change applies to at residents.Utilities maybe Centrad is the nrtir agreement Mwem you and ax Our mpresmiattom used onlyfornomulhouseholcipurposes and mastnotbe wasted.If (including management personnel,ernployees,and agents)have no your eledcdty is ever interrupted,you must an only battery, authority to mrioe,amend,or terminate this Low Contract or any part operated lighting. ofitr unless in meriting,and no authority to make promises,representations, or agreements that impose security duties or other obligations on w or Tar 34. PAYMENTS.Payment of all sums is an independent covenant.At repnsmtdioes unless in writing.No action or omission of our ouroption and wlthoutnotine,wemayapplymoney received(other represanietivewillbe considered awaiverofamysubsequentviolation, thansale proceeds under paragraph 13.or utility payments subject default or time or place of performance.Our not enforcing or togoveramentalregulations)first to any ofyour unpaid obligations, belatedly enforcing written-notice regw e+.enix rental due dates, than to current rent-regardless of notations on checks or money acceleration,liens,or other rights isn't a waiver under any orders and regardless ofwhen the obligations arose.AEsumsother jcimmista Km Except when notice or demand in required by statute, than rent are due upon our demand After the due date,we do not r you waive any notice and demand for performance from us if you have to accept the rent or any other payments. ! default.Writeen notice to or from our managers constitutes notice to j or from us.Any Peron giving a notice under fhb lasse Contract 35. TAA MEMERSHIP.We represent that,at the time of signing this t shourld rehire a appy of the memo,letter or fax that was given.pax Lease Contract or a Lease Contract Renewal Farm:(1)we;R)the ( signature are 6bdung.All notlm moat be aigrned.Notltw may vet management company that represents us;or(3)my locator service I be given by email flat procured you is a member in good standing of both the Teras i Apartment Association and the affiliated local apartment association Fxerdsingone remedywon'tconetitute an election orwalverofother for Nese area where the apartment is located The member is either an remedies.Insurance submgationiswalved byallparties.Allrenedies owner/manugementmmpanymember or an associate member doing are cumulative.No employee,agent,or management company is business a a locatorsecvice(whose name and address is disclosed on personally Liable for any of our contractual,statutory,or other page6).Unot thebolbwingapplies:(1)ih LeaseContmais voidable obligations merely by virtue of acting on our behalf.This lease atyouropd--diswnanfooeeablebyus(exceptforpropatydmagrs); Contractbinds subsequent owners.Neither an invalid clause nor the (2)we may notsecoverpast or future rent or othercharges;and(3)we l omission of initials on any page invalidates this Lease Contract.All will be in violation of the Texas Penal Code ad the Texas Deceptive t notices and docvnwnta may be in English and,at our option,in any Trade Practice Act The above remedies also apply if both of the language that you read or speak AE provision regarding our non- following occur.(1)the Lease Contract is automatically renewed on a liability and non-duty apply to our employees,agents,and monNrto-month barns two or more times after membership in TAA management companies.This lease Contract is subordinate or and the local association has lapsed;and(Z)reither the owner not the superior to existing and future recorded mortgage%at lender's management wmpmy is a mennber of TAA and the local association option.All lease Contract obLget�ion 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 keylass boli a devices on vour be condusive evidence of non-membership.Governmental entities doors if(1)yom or an occupintin the dwelling's over55 ordisabled. may use TAA forms if TAA agrees in writing. ( and(2)the nm+irmunb of Section 92153(el er(fl of it+.Pro�rly Code are aatixfied. W-WE-0119M FIRIN 36. SECURITY GUIDELINES. In cooperation with the Texas PERSONAL SECURRY--WIM OUTSIDE YOM APARTMENT Apartment Association,we'd like to give you some Important 15. Lock your doorowhile you're gone.Lockany doorha ndlelock, safety guidelines. The Texas Police Association and the Sheiffs' deadboltbek,alkli ngdoorpin lock,sliding door handle Association of Texas have approved Neese suggestion.We y�ad alidirg door seemly bar Nat you have. recommend that you follow Neese guidelf-and we common sass 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. (lose and let&your widows whole you're gores particularly guidelines. when you m an vacation. PERSONAL SECURITY-WHILE INSIDE YOUR APARTMENT 19. �your bmoommah us or spouse wbess you'be going mrd when I. Lode your doors and windows-even while you're beside. 19. Don't walk alar at rdgld.Don't allow your family to do am 2. Engage the keyless deadbedts on all doom while you're inside. 20. Don't Mie a key leder the doormat or a nearby flowerpot 3. When answering the door,see who Is thereby looking through These are the fust places a burglar will look a window a papbole,If you don't know the person,fust talk 21. Dost give entry keys,cedes or electronic gate cods to anyone withldmorherwithoutopeningthe door.Don't open thedoor(f you have any doubts. 22. Use lamp timers when you goout inthe evening ogoaway on 4. If children(who are cid enough to take care of themselves)are vacation.They can be purchased at mat bardware soma left alone inyouraparonen4tell them toue the keyless domdbolt 23. Let tamuuger and your friends know if you'll be goo for an and refuse to let mug=Inside while you are goo--regardless extended time.Ask you neighbors to watch your apartment ofwhether the peasanhastrangeroranaparhnentmaintenance since the numagemnerm armot assume that reepraribbktty. or management employee 24. While on vacation,temporarily"your newspaper and mus S. Do's pmt your ream.,address,or phone number on your key a ring- m(mad.'very,or lave yon mut mel newspaper picked W didlyby 6. V you're concerned because you've lost your lay or because 25. Ciayyourdoorkeyin your har4wletineritis dayilghtardark, emeses you distrust has a key,ask the management to Fahey when walking to your entry door.You are mice vulnerable the locks.You have a statutory right to have that done,es long when looking for ymr keys at the door. as you pay for the rekeykhg. 7. DW 911 for amergahcoe.If the 911 number does not operate in PERSONAL SECURITY--WHILE USING YOUR CAR your area,keep Phone number handy for the pike,fire,and 26. Lodkyoumear doorowldle davbng.L.ockyoumcardoonandroll emergency medical serviom If an emergency ar4a,all the up the windows when leaving your oar parked appropriate govemmental authorities first,then all the maragemed. V. Don't leave exposed Items in your cm such as cassette tape, S. Chockyoursmoke detector monddy o make sura ttiswaking h`'rapped packages,briefcases,or purses• proper yl and the bmtti dis are still okay. 28. Don't Lave your keys in the car. 9. thank your door locksm,window]old=,and other'secunty 29. Carry your key dnghnyoumhand whenever you are walking to devices regularly to be sure they are working property, �°���tar--whether a is daylight or dark and whether you neat 10. If your dean a windows are uuecves dee o break-ins or '+: �1O0i'work Cron vocation. malfunctioning locks alatches,stay with fuetdsorneighbors 30. Always park toawall4ightedama.Ifpossible,try topark your until the problem Is fixed car in an off-eRed p ddng area rather flan on the ob"t 11. Immediately report to ma agement--bh writing,dated and 31. Check the becbeat before getting into your car. signed-any needed repairs of lock%,Lakes,dome,windows, 32. be ardd when slopping at gas stations or muomatimeella amass detectors,and alarm systems. machines at night-or anytime when you suspect danger. 12. Immediately report to management-in writing dated and sig ed-cry malfunction of other wkly deviser outside your PERSONAL SECURITY AWARENESS apmmwn"uchabrokenpteloc s,bumedoutnghutnsW well. and puitin8lots,blocked prem,broken railogp,etc. No security system 4 failsafe.Even the hast system can't pimmt 13. Close curtains,blinds,and window shades at right. crime.Always act a if security systems don't exist shear they are mWeet to mayle ndiony tampering,and human error. We disclaim 14. Mark or engrave your driver's license number or other any express or implied warrmotlas of sesorky. The best safety identification on valuable personal property. measures an the ones you peform sea matter ofcommon sense and habit. Arwmimr Lass Donner 02061,Tows Mssn esur A...% Pres see6 ®Copyright 2004,Texas Aptutment Attllociation,lac. 730 Atl J noU qn • y �OGUs 37, MOVE-OUT NOTICE. Before moving mt.you must -give 01 61. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. reomse^lative advance written moveout notice-provided below. You'll be liable for the following charges,if applicable:unpaid rent; Your moveout notice will not release you from liability Eor the full unpaid utilities;unreimbun.ed service charges;repairs or damages term of the Lease Contact or renewal term You will stllbe liable for musedbynegU4gaamnmcecarelessness,aedde4orabuse,indudingsddms, the entire lease Contract term if you move out early(paragraph 22) scratches,laazs,tume,attains,orunapprovedholes;replaeemerrtcostof except under the military douse(paragraph 23).YOUR MOVE-OUT our property flat was in or attached to the apartment and is missing; NOTICEMUSPCO1v1PLYWnHEACHOPTHEf'OLIDWING: replacmgdeadormissutgsmoke-0eoectorbattermataytimeubhtiw •We must receive advance written notice of your move-outdate. forrepausordeming,hips toletmmmPenyrepresendtiveeloremm'e The number of days of the advance notice must be at least the Yom telephone orTV cable servicesorrentalitems(if you so requester number of days of notice required in paragraph 3 or in special have moved out);trips to open the apartmentwhenyou or any guest or provisions--even Y the Lem Contract has become a month-to- occupantivmimingakey;unrehunedkeys;missingwbumedb tlight month lease.E a move-out notice Is received on the fust It will bulbs;removing or rekeying unauthorized security devices or alarm suffice for move-out on the last day of the month of intended systema;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 puked vehicles;special trips for trash removal caused by parked •The move-out date In your notice[check one):0 must be the last vehfces blocking dumpsters,false security-alarm charges unleas due day of the month:oro may be the exact day designated in your to our negligence;minWrelateddurges underparagraphe 6 and 27; notice.Ifnerither Is chedrd,hire 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 misting to smoke detertors, will notbe accepted and will not berminate your lease Contract. false alums,recycling,or other mattem;late-payment and returned. •Your move-out notice must not terminate the Lease Contract check charges;a targe(not to exceed$100)for our time and sokmerHan themdof the Lease Contrail term orrrmewalperiod. inconvenience in our lawful removal of an animal or in arty valid eviction proceeding against you,plus attone3r's fees,court costs,and YOUR NOTICE IS NOT ACCEPTABLE IF IT DOES NOT COMPLY filing lees actually paid;and other sums due under fhb Lem Contact. WITH ALL OF THE ABOVE.Please use our written moveoutform. 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 a4rencedinpaagaph5 if you fail to return them morbefore Contract,we must give you the some advance notice--w less you Your actual move-out date;(2)accelerated rent If you have violated are in default. paagaph32;and(3)a relettingfee if you have violatedpaagraph 11. 38. MOVE-OUT PROCEDURES.The move-out date can't be Banged 4L DEPOSITRETURN,SURRENDER,AND ABANDONMENT.We'll unless we and you both agree in writing.Youwon'tmoveoutbefore mail you yoursecurity deposit rvhmd(less lawful deductiana)and an the Lease Contract termor renewal period ends unless all rent for the itemized accounting of any deductions no later than 30 days after entire Lem Contract term or renewal period is paid in full. Early surrenderorabandanmenl unlessatatubee- videotlerwise. move-out may result in reletting dirges and acceleration of future rent under paragraphs 11 and 32.You're prohibited by law from You have svnendered Ha apartment when(1)the move-out date has applying anysecurity deposit torrent.You won'tataybeyod thedate passedandnoonebBvinglntheapar=adinourmasaabk)udgment you are supposed to move out.All residents,guests,and occupuds or(2)all apartment keys and access devices listed inparagraph5 have i been turned in where rent is paid—Ib lover date arum first - resat surrender or abandon Ha apartment before the 30-day d for deposit refund beg'' You must give us and the A IrMhave abandoned the apartment when all of Hee following have Servioe,in writing,each residents forwarding address. '(1)everyone appears to have moved out in our reasonable 39. CLEANING. You must Hno[o clean the cent,irnclu' gme?t;(2)clothes,furniture,and personal bekmgings have been Y aP"m' yrmm�avedin ourreasonabRJudgment(S)You'vebeamin doom,windows,furniture,bathrooms,kitchen a Co nonpayment of rent for5 consecutive days,or water,gas, balconies,garages,carports,and storage room s.You service fartheapartmemtnotconnededin ourramehas been move-out cleaning Instructions if they have been provided If you dont dean adequately, u ll be lira nab de %a^d(*)you've not responded fort days b consiur der left - Yo entry door,staling that we consider the charges—includingdargm for deaning apartment is also"abendorad"10 days walls,etc that are soiled beyond normal a ore 06e. ase eresident. that oscura without negligence,carelessness,aafdmt,or abuse} ender,abandonment,or judicial eviction ends your right of 40. MOVE-OUT INSPECTION. You should meet with oasesslon forall purposes and gives uv the immediate right to clean wgwgm�gE a moveout innspectian.Our represerdefivep,rake mpala io,and reld the apartment;determine my security r limit uaregard'vngdeductions forrepabs,damages, deposit deductions;and remove property left in Ile apartment. temenbortsstimatea by us occur tepresedative areabandonment,and judicial eviction affect your rights to rection,modification,o disapproval before E property left In to apartment(paragraph 13),but do not affect our refunding oraccourting m fii}�gaatiion obligations(paragraph 32). - 4�,"ll'171�.'9:#� r2f111 •f'9°"� B _ 43. ORIGINALS ANDATTACHMENTS.This LeaseContradhasbeen executedlnmultiple originals,eacnwith origiralsignatures—one for You are legally bound by this document Please read it carefully you and oneor more forus.Ourrules and communitypolicies,ifany, Before submitting a renal application will be attached to the Lease Contract and given to you at signing. or signing a Lease Contract,you may take a copy When an Inventory and Condition form is completed,both you and of these documents to review and/or consult an saomey. we should retain acopy.Ila items checked below are attached to this Lease Contract and are bindhmg even if not inifi, dor signed Additional provisions or changes may be made 0 Access Gate Addendum,dated in the Lease Contact if agreed to in writing by all parties. 0 Additional Special Provisions You are entitled to receive an original of this Lease Contract 0 Animal Addendum after It L fully signed.Keep it In a safe place. 0 Apt.Rules or Community Policies,dated 0 Asbestos Addendum(if salestcs Is present) Residmt or Residents(all sign below) 0 Early Term hn tion Addendum,dated 0 Enclosed Garage,Carport or Storage Unit Addendum, dated 0 Inventory h Condition Form 0 Intrusion Alarm Addendum,dated 0 Lead Fluard 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) ' 0 Mold Information and Prevention Addendum 0 Move-Out Cleaning Instructions,dated O Notice of Intent to Move Out Form Owner or Owner's Representative (signing on bdalf of orrnrer) O Parking Permit or Sticker(quantity) O Repair or Service Request Yom ' 0 Satellite Dish or Antenna Addendum O TCEQ Tenant Guide a Water r. 0 etion Address and phone nwnber oJawne/s mpresentative Jor notice purposes O Utility Allocation Addendum for. O electricity O water O gee 0 central system costs 0 fresh removal O Utility Submatering Addendum for:0 electricity 0water 0gas 0 Other Nanee and addresr of locator service(ff appGmble) Date form is filled out(came as on top of page 1) Aran,mrrlaurtlertucT TAAOfLdal St w#UeFo 03-A/13-1/B•2;Aavlsedocmbv,2003;0opyright2WITw Apakta—t Aeodaeon,I— Rnca6m6 Q 731 0 Copyright 2004,Texas Apartment Association,Inc. 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 r-r gitHe- IN YUP ts`;7d:tl111� ���"+.a 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 �V 1yti% RELAI iV Flyo 3 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 IR u2111, � X30