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HomeMy WebLinkAboutContract 32437 ;_.A _`E T'AAlr ! E i1017 INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE ESTATE OF RUTH BONNER 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 The Estate of Ruth Bonner, ("Owner"), whose address is 4525 Rolling Hills Drive, Fort Worth, Texas 76119, acting by and through Erma Bonner-Platter, its duly authorized Independent Executor. (Sometimes City and Owner are referred to individually as a"Party"and collectively as the"Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Gulf Coast and the City of New Orleans, Louisiana as a result of the wide spread devastation and flooding following Hurricane Katrina's landfall in southern Louisiana,Mississippi and Alabama. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the.Texas Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA").. The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to providing interim shelter for those evacuees (hereinafter referred to as tenant or tenants) that City determines to place in Owner and to provide assistance for tenants under the Katrina interim shelter program ("Program"). NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties,the Parties contract and agree as follows: ARTICLE II LEASE OF HOUSING UNITS (a) This Agreement applies to the Housing Units specified in the attached Exhibit "A" ("Housing Units" whether one or more single family one to four dwellings). HOUSING ASSISTANCE PAYMENT AGREEMENT Pae 1 Revis 9/if Page (b) The lease form for the Housing Units shall be the Texas Apartment Association Lease Contract or such other lease contract as approved by the City. The lease contract used by Owner is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all references in this Agreement to the Lease Contract, shall include the "Tenancy Addendum," attached as Exhibit "E." Owner shall attach the Tenancy Addendum to all Lease Contracts prior to the execution of the Lease Contract by Owner and tenant. (c) City has approved leasing of the Housing Units subject to a determination by the City of Fort Worth Housing Department inspections that the Housing Units meet City of Fort Worth Housing Department Minimum Acceptable Standards("MAS"). (d) Owner will lease the Housing Units only to tenants approved for placement by City under the Program, unless notified in writing by City that a Housing Unit is no longer needed for the Program. (e) The initial term of the Lease Contract is three (3) months, with three (3) additional options to renew for terms of three (3) months each, unless earlier terminated as hereinafter provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract executed by tenant and Owner for the renewal period. A tenant may terminate the Lease Contract with 30 days written notice to Owner. (f) Owner certifies that: (1) Owner and the tenant will enter into a lease in the same form as the Lease Contract. (2) The Lease Contract is consistent with Federal, state and local law. (g) Owner is responsible for screening the tenant's behavior or suitability for tenancy. City is not responsible for such screening. City has no liability or responsibility to Owner or other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City acknowledges that Owner may require tenant to sign a rental application and disclose certain background information, including criminal information, at the same time the tenant is allowed to take occupancy of the Housing Unit. If Owner discovers that a tenant has submitted false information on the rental application or that tenant's criminal history is unacceptable according to Owner's customary standards for tenants in unassisted units, Owner may give the tenant one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior lease shall not be grounds for eviction. Owner shall notify City promptly of the issuance of any notice to vacate and eviction of any tenant in any Housing Unit. (h) Owner shall treat tenants under this Agreement in accordance with Owner's customary practices and policies towards all of its other tenants. ARTICLE III MAINTENANCE,UTILITIES AND OTHER SERVICES (a) Owner must maintain all Housing Units and the building or complex in which the Housing Unit is located, including common areas and grounds ("Premises") in accordance with the MAS. (b) Owner must provide all utilities needed to comply with the MAS unless City has agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit"C." 2� Lr HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 Revised 9/15/0f,7, � (c) If Owner does not maintain the Housing Units and the Premises in accordance with the MAS, City may exercise any available remedies as set forth in this Agreement. City may not exercise such remedies against Owner because of an MAS breach for which the tenant is responsible, and which is not caused by Owner. (d) City or its agents may inspect the Housing Units and the Premises at such times as City determines necessary,to ensure that all Housing Units are in accordance with the MAS. (e) City must notify Owner of any MAS defects shown by the inspection. (f) Owner must provide all housing services as agreed to in the Lease Contract. ARTICLE IV TERM OF AGREEMENT (a) The term of this Agreement begins on the date of countersignature by City, and terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract entered into pursuant to this Agreement,whichever come first. (b) Termination During Initial Term of Lease Contracts. If Owner breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Housing Unit, City may terminate this Agreement as to any Housing Unit or as to all Housing Units, in its sole discretion. Prior to termination of this Agreement, City may give Owner opportunity to cure said breach as set forth in Article VIII(b). (c) Termination During Any Renewal Term of Lease Contracts. During any renewal term of any Lease Contract executed by Owner and tenant under this Program for any of the Housing Units,this Agreement may terminate as follows: 1. The Agreement terminates automatically as to each Lease Contract that is terminated by Owner or the tenant. 2. City may terminate Program assistance for a tenant for any grounds authorized in accordance with U.S. Department of Housing and Urban Development ("HUD") or FEMA requirements upon written notice to Owner. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Housing Unit, the Agreement terminates automatically as to that Lease Contract. Owner must notify City in writing of the vacancy as soon as Owner knows of it. 4. City may terminate the Agreement if City determines, in accordance with FEMA and/or HUDrequirements, that available Program funding is not sufficient to support continued assistance for tenants in the Program. 5. City may terminate the Agreement as to any Housing Unit if City determines that the Housing Unit in question does not provide adequate space in accordance with the MAS because of an increase in tenant's family size or a change in tenant's family composition. 6. If the composition of the tenant's family residing in the Housing Unit changes, City may terminate the Agreement as to that Housing Unit, or may continue HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 Revised 9/15/05 Program payments on behalf of tenant's family members who remain in the Housing Unit. 7. City may terminate the Agreement as to that Housing Unit if City determines that the Housing Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Owner has otherwise breached the Agreement. (d) If City or a tenant terminates a Lease Contract under this Agreement during the initial three (3) month term for any reason not Owner's responsibility, City shall pay Owner Rent, as hereinafter defined, on the Housing Unit for the remainder of the initial term, minus any days for which Rent has already been paid. (e) If for any reason Program assistance is terminated, Owner shall have the right to terminate this Agreement and/or tenant's right to possession of any Housing Unit not being paid for by City. ARTICLE V RENT (a) All rent rates are as outlined in the attached Exhibit"B" ("Rent"). (b) City must determine whether the Rent to Owner is reasonable in comparison to rent for other comparable unassisted units. To make this determination, City must consider: 1. The location, quality, size,unit type, and age of the Housing Units; and 2. Any amenities, housing services, maintenance and utilities provided and paid by Owner. (c) During the Agreement term, the Rent may not exceed rent charged by Owner for comparable unassisted units in the Premises. Owner must promptly give City any information requested by City on rents charged by Owner for other units in the Premises or elsewhere. ARTICLE VI CITY PAYMENT TO OWNER (a) Program Payments 1. City has allocated no money under this Agreement to make Program payments to Owner. City will pay Rent pursuant to invoices issued to City by Owner for Lease Contracts for all Housing Units covered by this Agreement. Owner will take all necessary steps to become a vendor for the City and will issue an invoice to City once a month no later than the twenty-fifth day of that month for the total amount of Rent due for all Housing Units covered by this Agreement for the next month, and City will make Program payments to Owner in accordance with Article VI(a)2. 2. During the term of the Agreement, City shall make monthly Program payments to Owner on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an invoice from Owner. 3. Except as provided in Article IV(d) of this Agreement, Program payments shall only be paid to Owner while a tenant is residing in a Housing Unit during the term of the Agreement, and City shall not pay a Program payment to Owner for any month after th when the tenant moves out. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Revise -- (b) Unless Owner has complied with all provisions of the Agreement, Owner does not have a right to receive Program payments under the Agreement. (c) Rent shall not be prorated for a partial month and Owner shall provide Housing Units to tenants for a partial month without assessing Rent. (d) The Program payments shall be credited against the monthly Rent to Owner for the Housing Unit. (e) Limit of CITY responsibility. 1. City is only responsible for Program payments to Owner in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Owner in excess of the Program payment. City shall not pay any other claim by Owner against the tenant. 3. City shall be liable to Owner for damages by tenant in an amount up to but no more than $300.00, which Owner shall accept as liquidated damages from City. Owner may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (f) If City determines that it has paid Owner more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Owner. (g) Owner Certification During the term of this Agreement, Owner certifies that: 1. Owner is maintaining the Housing Units and Premises in accordance with the MAS. 2. Housing Units are leased to the tenants under a Lease Contract in the form attached hereto, and said Lease Contract is in accordance with the Agreement and Program requirements. Owner has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Owner, Owner has not received and will not receive any payments or other consideration (from the tenant, City, HUD, or any other public or private source)for lease of any Housing Unit during the Agreement term, or if Owner does receive any such payments or other consideration, Owner shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Housing Unit. 5. Owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the tenant's family, unless City has determined (and has notified Owner and the tenant's family of such determination) that approving lease of the Housing Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. ARTICLE VII = r PROHIBITION OF DISCRIMINATION HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 Revised 9/15/05 �� (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Owner shall not discriminate against any person because of race, color, religion, sex, national origin, familial status, disability, or sexual orientation in connection with the Agreement. (b) Owner must cooperate with City, and its agents, in conducting equal opportunity compliance reviews and complaint investigations in connection with the Agreement. ARTICLE VIII OWNER'S BREACH OF AGREEMENT (a) Any of the following actions by Owner, including a principal, owner, agent, or other interested party, is a breach of the Agreement by Owner: 1. If Owner has violated any obligation under the Agreement, including Owner's obligation to maintain all Housing Units in accordance with the MAS; or 2. If Owner has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal Program; or 3. For projects with mortgages insured by HUD or loans made by HUD, if Owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the Regulatory Agreement; or if Owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan; or 4. If Owner has engaged in any drug-related criminal activity or any violent criminal activity. (b) If City determines that a breach has occurred, City may exercise any of its rights and remedies under the Agreement, or any other available rights and remedies for such breach. City shall notify Owner of such determination, including a brief statement of the reasons for the determination. The notice by City to Owner may require Owner to take corrective action, as verified or determined by City, by a deadline prescribed in the notice. If a defect is life threatening, Owner must correct the defect within no more than 24 hours. For other breaches or defects, Owner must correct the breach or defect within the period specified by City, which period shall be reasonable under all of the circumstances. (c) If Owner fails to cure any breach by the deadline prescribed in the notice to Owner, City's rights and remedies for Owner's breach of the Agreement include recovery of overpayments, suspension of Program payments, abatement or other reduction of Program payments,termination of Program payments, and termination of the Agreement. (d) City may seek and obtain additional relief by judicial order or action, including specific performance, other injunctive relief or order for damages. (e) Regardless whether tenants continue to live in any Housing Unit, City may exercise any rights and remedies for Owner breach of the Agreement. (f) City's exercise or non-exercise of any right or remedy for Owner breach of the Agreement is not a waiver of the right to exercise that or any other right or remedy at any time. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05 ARTICLE IX CITY ACCESS TO PREMISES AND OWNER'S RECORDS (a) Owner must provide any information pertinent to the Agreement that City may reasonably require. (b) City, and its agents shall have full and free access to all Housing Units and the Premises, and to all accounts and other records of Owner that are relevant to the Agreement, including the right to examine or audit the records and to make copies. (c) Owner must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and must provide any information or assistance needed to access the records. (d) Owner shall retain all records pertaining to this Agreement and the Lease Contract for four (4) years following the termination of this Agreement. Owner may destroy said records at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain between City and FEMA regarding the Program payments. ARTICLE X EXCLUSION OF THIRD PARTY RIGHTS (a) A tenant is not a party to or third party beneficiary of this Agreement.The tenant may not enforce any provision of this Agreement, and may not exercise any right or remedy against Owner or City under this Agreement. (b) City may enforce the Lease Contract against Owner, and may exercise any right or remedy against Owner under the Lease Contract. Owner and the tenant may enforce the terms of the Lease Contract against each other according to its terms. (c) City does not assume any responsibility for injury to, or any liability to, any person injured as a result of Owner's action or failure to act in connection with management of any Housing Unit or the Premises or with implementation of the Agreement, or as a result of any other action or failure to act by Owner. (d) Owner is not the agent of City, and the Agreement does not create or affect any relationship between City and any lender to Owner or any suppliers, employees, contractors or subcontractors used by Owner in connection with management of the Housing Units or the Premises or with implementation of the Agreement. ARTICLE XI PROHIBITION AGAINST INTEREST (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Owner is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Agreement during his or her tenure or for one year thereafter, shall have any interest, or------� indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, fpxf iie,;,;';,1 ,i,"JId; provisions to be performed hereunder. it U� X11 p 'S 4 HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 Revised 9/15/05 (b) No member, officer, or employee of Owner shall have a financial interest, direct or indirect, in this Agreement or the Rent or Program payments transferred hereunder or be financially interested, directly or indirectly, in the sale to Owner of any land, materials, supplies or services purchased with any Rent or Program payments transferred hereunder,except on behalf of Owner, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Owner shall render this Agreement voidable by City. ARTICLE XII ASSIGNMENT OF AGREEMENT (a) Owner may not assign the Agreement without the prior written consent of City. (b) City may assign this Agreement to FEMA or HUD or any other state or federal agency without consent of Owner. ARTICLE XIII WRITTEN NOTICES All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Agreement or at such other address as the receiving Party designates by proper notice to the sending Party. ARTICLE XIV ENTIRE AGREEMENT; INTERPRETATION The Agreement contains the entire agreement between Owner and City. ARTICLE XV MISCELLANEOUS PROVISIONS (a) Owner shall provide all reasonably necessary documentation requested by City to obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt of City's request. (b) Owner waives all security deposits, applications fees, employment and credit checks for tenants under this Agreement; however, Owner may require a tenant to provide information regarding tenant's criminal background history if Owner customarily performs such checks. (c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter program change during the term of this Agreement, Owner and City shall amend this Agreement to conform with such changes. Owner may terminate this Agreement at no cost to City if it does not consent to the amendment. (d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such ""N 1 !] ;11;\'1 !ja r w �1 lio io�11V UC:Ul149 Ui5 L�1a HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/0 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 RT By: Marty Hendrix, City Secretary Joe Pani ua, sist 11t 'ty Manager Date: 3 D APPROVED AS TO FORM AND LE ALITY�:./, WIN? lbs- �l� Assistant City Attorney NO M&C REQUIRED OWNER THE ESTATE OF RUTH BONNER By: Name: E a Bonner-P Title: de dent Executor Date: 10j— Y/ HOUSING 0j — HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Revised 9/15/05 EXHIBIT "A" HOUSING UNITS The Housing Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Three Bedroom Housiniz Units (insert addresses below 929 E. Leuda Street, Fort Worth, Texas 76104 EXHIBIT "B" RENT During the Agreement term, the rent to Owner may at no time exceed the Fair Market Rent as set forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution of this Agreement, as follows: (1) $558.00 for a zero bedroom unit; (2) $597.00 for a one bedroom unit, (2) $732.00 for a two bedroom unit, or (3) $995.00 for a three bedroom unit. The Housing schedule above is for an unfurnished one to four single family dwelling. The rent for the unit under this Agreement is $;39! 9 for a three bedroom unit. ��] :. ✓..I YLi Yom:��.] EXHIBIT "C" UTILITIES AND APPLIANCES Owner shall provide or pay for the utilities and appliances indicated below by an"O." City shall provide or pay for the utilities and appliances indicated below by a "C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Owner shall pay for all utilities and appliances provided by Owner. Item Specify fuel type Provided by aid by Heating G Natural gas G Bottle gas G Electric C Cooking G Natural gas G Bottle gas G Electric e Water Heating G Natural gas G Bottle gas G Electric C Other Electric C Water C Sewer Trash Collection e Air Conditioning Refrigerator O O Washer O O Dryer O O Central Heat&A/C and its quarterly maintenance(exchange filters,etc.) O O Stove/Range O O Regular Lawn Maintenance O O Other(specify) EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY OWNER WITH TENANTS SHALL BE ATTACHED] J Sep 30 05 04:41p Erma Bonner Platte 817-536-9424 p,2 TExAS Assocwtom DF REALTORS' RESIDENTIAL LEASE USE OF TMS FCM BY PER90NS WHO ARE NOT hdW0 RS OFTHE T91 ASS ASsoctA noN OF RMUCIRSV IS NOT AUTHORIZED. Wrenn AssadOw ON REALTOI1111101,1111114-2003 Contents No. PaMgraoh De9crIR§9n Pg No. Para-graph Description Pg 1. Parties 2 D. Prohibitions 2. Property 2 E. Failure to Maintain 3. Term 2 18. Repairs 9 A. Primary Terre A. Repair Requests B. Delay of Occupancy B. Completion of Repairs 4. Automatic Renewal&Termination 2 C. Payment of Repair Costs 5. Rent 3 D. Trip Charges A. Monthly Rent E. Advance Payments&Reimbursement B. Prorated Rent 19. Security Devices& Exterior Door Locks 10 C. Place of Payment 20. Smoke Detectors 10 D. Method of Payment 21. Liability 11 E. Rent Increases 22. Holdover 11 6. Late Charges 3 23. Residential Landlord's Lien 11 7. Returned Checks 4 24. Subordination 11 8. Application of Funds 4 25. Casualty Loss or Condemnation 11 9. Pets 4 26. Special Provisions 11 10. Security Deposit 4 27. Default 11 A. Security Deposit 28. Early Termination 12 B. Interest A. Military C. Refund B. Assignment and Subletting D. Deductions 29. Attorney's Fees 13 11. utilities 5 30. Representations 13 12. Use and Occupancy 6 31. Addenda 13 A. Occupants 32. Notices 13 B. Phone Numbers 33. Agreement of Parties 13 C. HOA Rules 34. Information 14 D. Prohibitions E. Guests ADDENDA&EXHIBITS(check all that amM F. Common Areas 13, Vehicles 6 ❑ Addendum Regarding Lead-Based Paint 14. Access by Landlord 6 ❑ Agreement Between Brokers A. Signs ❑ Agreement for Application Deposit and Hold on B. Access Property C. Trip Charges ❑ Inventory and Condition Form D. Keybox ❑ Landlord's Rules and Regulations 15. Move-In Condition 7 16. Move-Out 7 D Owners' Association Rules A. Move-Out Condition ❑ Pet Agreement B. Definitions ❑ Pool/Spa Maintenance Addendum C. Personal Property Left After Move-Out ❑ Protecting Your Home from Mold 17. Property Maintenance 8 * Residential Lease Application A. Tenant's General Responsibilities ❑ Residential Lease Guaranty B. Yard Maintenance ❑ C. Pool/Spa Maintenance 0 (TAR-,2001)10-14-03 Tenants: & Landlord or Landlords RepreserrtaOw Page 1 of 14 Compiler go- 1,d using A.InC dract-%6M aolhom AmbA"lTProdueb,Ine,1084 W.Ppsift.Sub 101.Horst TX 78653,(11011)342-1178 C:AoOram FAwlALAMn:YVkF�ss 1suAa Lra1.000 lbb 1521siMcoi d AA0Cantrad­isbcwe&d Ion useb:Eno Bono puff,ad a 00tmaesribl6 ur W iolow d a vio~d fait mpynglA ti.Wdsr M 17 U.S.C:.5101. PMrd C-30."M Sep 30 05 04:41p Erma Bonner Platte 817-536-9424 p.3 �#V TEXAS ASSOc1ATioK OF REALTORS RESIDENTIAL LEASE WE OF THIS FORM BY PERSONS W HO ARE NOT RERRi6iS OF THE TEXASASSOMAM M OF FSPLTORSO 18 NOT AUTHORML wre>w Aoeod"M of AEALTOPAW bre.700.1 1. PARTIES: The parties to this lease are: the owner of the Property, Landior+d,: The Estate of Ruth Bonner actiN by and through Enna Bonner-Platte Indep. Executor 46225 RolHW Hills Dtive,Fort Worth,Texas 76119 -and Tenant(s): 2. PROPERTY: Landlord leases to Tenant the following reed property. Address: 929 E.Lauda Fort Worth Texas 76104631 legally described as:Lot Is, Block 6 Union Depot Addition also known as 929 E.Lauda, Fort Worth,Texas 76104 in Tarrant County, Texas, together with the inllowing non-real-property items: The real property and the non-real-property are collectively called the"Property". 3. TERM: A PriMMM Term: The primary term of this lease begins and ends as follows: Commencement Date: September 30,2006 Expiration Date:D000mber 31,2006 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenanfs holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis fur a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make-ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a nionth4o-month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) (1)30 days before the Expiration Date. ❑(2) days before the Expiration Date. B. If this lease automatically renews on a monffi4o month basis, it will continue to renew on a month-to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective:(Check only one box.) (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rant even if Tenant surrenders the Properly before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if ruecessary,rent will be prorated on a daily basis. (TAR-2001)10-14-03 Tenants: & Landlord or Landlord's RepresenUdIve: Page 2 of 14 ConWr0amntsA creep AuWmftd-vZM eolMen,tYere AubReOV Frodrets,k,1090 W.PIpefirre,Su`101.HurK TR 7W57,000)J22.11T! C;'RnWsw Fi=W_WYSY, W LLauds Leass•1.000 1M Yweieien p AabCdeeq�'is eonteed far use to:Emu 11*r Pleur,ends ria artdnable. Use by corns is a vidalen o/fed"mpydonl taw under 79b t?US.C.5101. rmd OR-30.2009 Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.4 Residential Lease concerning-929 E.Leuda C. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). If a box Is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 48(1)will apply. S. RENT: A, Monthly Rent:Tenant wip pay Landlord monthly rent in the amount of$ 776.00 for each full month during this lease. The first full month's rent is due and payable not later than October 1,2206 Thereafter. Tenant will gay the monthly rent so that Landlord receives thely rent on or before the first day of each month during this lease. Weekends, holidays,and mail delays do not excuse Tenant's obligation to timely gM rent. B. Prorated Rent: On or before Tenant will pay Landlord$ as prorated rerd from the Commencement Date through the last day of the month in which this lease begins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this tease. Name: The Estate of Ruth Bonner acting by and through Erma Bonner•Plade lndep.Executor Address; 4626 Rolling Hills Drive,Fort Worth,Texas 76119 Natice: Place the Property address and Tenant's name on all payments. D. Method of P Ment: (1) Tenant must pay all rerd timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent(strict compliance with rental due dates is required). (3)Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by check, cashiers check, money order, or other means acceptable to Landlord- (4) Landlord Y6 requires O does not require Tenants)to pay monthly rents by one check or draft. (5) If Tenant falls to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term- Landlord may increase the rent that will be paid during any month4o-month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A- If Landlord does not acWally receive a rent payment in the full amount at the designated place of payment by p.m. on the day of the month in which it is due, Tenant will pay Landlord for each late payment: (1) an initW late charge equal to(check one box only): 0 (a)$ ; or El (b} % of one month's rent;and (2) additional late charges of$ per day thereafter until rent and late charges are paid in full. Additional late charges may not exceed more than 30 days in any one month. (TAR-2001)10-14-403 Tenants: 81 Landlord or Landlord's Representative: Page 3 of 14 Corquer genwabd uelnp AAd*0a hvA-A23 utwem,fmar AuaRee6y PYoduc4,ire.,19W W.PbNb,Subs 101,ff rK TX 760.33,PM 922.1170 C:1Frb mm F0es1ACWn%VW-N"f suda Lees►1.000 InWbllan o1 AuoCareae!"b Owrued fa me m:Era f3mner Aarlr4 end b rm1 faYferafee.Uee by 06We 1%a,A 1 11oa of fedmel mpyecm bw Ln6w rifle 17 LLSC.§101. pdrrbd 09.30.2006 Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.5 Residential Lease concerning:929 E.Lauda B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The late charge is a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landiord's right to exercise remedies under Paragraph 27. 7. RETURNED CHECKS: Tenant will pay Landlord$ X00 (nof to exceed $25.00) for each check Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn fior any reason, plus any late chanes until Landlord receives pmym�rrL Tenant must make any returned check good by paying such amount(s) plus any associated charges in certified funds. S. APPLICATION OF FUNDS: Rggardless of any notation on a check, Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, indudingbpi not limited to, late chanes. retumed check charlm, repairs,txokerage fees. periodic utilities, pet charges.and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit, even tem2QMrify. any pet on the P (induding but not limited to any mammal, reptile.bird, fish, rodent, or insect). 8. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlords remedies under Paragraph 27; (2) charge Tenant, as additional rant,an initial amount of$---Rand$ 0.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) dean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pct. C. When taking any action under Paragraph 913 Landlord will not be liable f+or any harm, injury, death, or sickness to any pet. 10.SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of$ 3W-00 . 'Security deposit' has the meaning assigned to that term in§92.102, Property Code. B. Inte - No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must give Landlord at lead thi[W M) days written notice of surrender before Landlord is obligated to refund or account for the security deposit Notices about Security Deposits: (1) §82.108, Property Code provides that a tenant may not withhold payment of any portlon of the last month's rent on grounds that the security deposit Is security for unpaid rent. (TAR-2001)10-74-03 Tenants & Lendord or Landlord's Representative: Page 4 of 14 C4wvAw O.nwabd wap AutpCana.d".123 aol0.are,horn AVbRwtWRedoW,0X,1080 W.POO .6uIM 101,Mors%TX 78037,(800)=-1178 C1ProWarn F1s$%ACVWWWYFb&1sv t lessa.1.000 ThW is 1iPftb n e/AabComV" b fw*M*d Ibr ur k Etrot 60new PNO,moll not ttnsF 11&Ilya by Dews b s viwtae Of%dw.l mpyrlghl Iw enderTlle 17 U.S.C.§101. priMed 0030-MM Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.6 Residential Lease cormming: 929 F—L.ewla (2) Bad faith violations of§92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days In which to account (4) "Surrender" Is defined In Paragraph 15 of this lease. (b) One may view the Texas Property Code at the Texas Legislature's websrte which,as of the date shown In the lower left-hand comer of this form,Is www.capW.stata-bc slstatutes/p .html. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for. (a) damages to the Property, excluding normal wear and tear, (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities; (f) unpaid pet charges; (g) replacing unretumed keys, garage door openers,security devices,or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) landlord's cost to access the Property if made inaccessible by Tenant; (j) nussing or burned-out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and shoring abandoned property; (1) removing abandoned or llfegaffly parked vehicles; (m)costs of reletting (as defined in Paragraph 27), if Tenant is in default (n) attorney's fees, costs of court,costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) any unpaid charges or fees for which Tenant is responsible under this lease; (p) mailing costs associated with sending notices to Tenant for any violations of this lease; and (q) other items Tenant is responsible to pay under this lease. (2) if deductions exceed the security deposit, Tenant wiQ pay to Landlord the excess within 10 days after Landlord makes written demand. 11. UTILITIES: A. Tenant will pay all connection fees,service fees, usage fees, and all other costs and fees for all utilities to the Property(for example, electricity, gas, water, wastewater, garbage. telephone, alarm monitoring systems, cable, and Internet connections)except the following which Landlord will pay: In accordance with the Interim Shelter Agreement(The Agreen wd) Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord,Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas;electricity;water, wastewater;and garbage services. Notice: Before signing this lease,Tenant should determine If all necessary utilities are available to the Property and are adequate for Tenant's use. (TAR-2W1)10-14-03 reRarrt� S Landlord or Landlords Representative: Page 5 of 14 CcTp1w Vftvm ed o.k;ALOCwmmd1 v=adkvne.ftm AvbR.rM PmduM.�,1067W.PIp.%&,SdW 101,HWW.TX78M.(eW)322.1174 C^ProYnm FkMAC%ftWkr"*1LeW.La 1= ThI1nsMkrali�Auk7CwdtN7"'kskwnNO bruNd Bm.eenn.r plrY.wdsrd Veiiel.nbr.UmbyoMnb.vidaimelE/E.oY aVydgM1vVYnAnTM17U.SC.6101. pdttW 0913 05 Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.7 Residodial Lease conceming:M E.Leuda 12.USE AND OCCUPANCY: A. 0002ants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this Iowa are (include names and ages of aff occupants): B. _Phone Numbers: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home,work, and mobile)not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners'association rule or restrictive covenant. D. Prohibitions: Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous, (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordnance,owners'association rule, or rive covenant; (5) any illegal or unlawful activity;or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Gus : Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant oro days without Landlords written permission,whichever is less. F. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common areas or facilities(for example, pool or tennis courts). 13.VEHICLES: Tenant may not permit more than 2 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, rrictorcycles, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park any vehicles in the yard. Tenant may not store any vehicles on or adjacent to the Property or on the street in front of the Properly. Landlord may have towed,at Tenants expense, any improperly parked or inoperative vehicle on or adjacent to the Property in accordance with applicable state and local laws. 14.ACCESS BY LANDLORD: A. Signs: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Properly at reasonable times without first attempting to contact Tenant and without notice to: (1)survey or review the Property's condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4)leave written notices; or(5)seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are later denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of$30.00 (TAR-2001)10-14-03 Tenants & Lo41md or Landbrds RWresvrde ve: Page 6 of 14 CenyWer peo•ru1e9 ueMpAuleCOnbed�'vS23 eorAtW* Wnni90Ree1tf RwLCa,Inc.1060W^*iK Suit 101,HY TX 7605!.PPM-1178 C.1Piepnan F41eeV6CYoWAFGWUrde tsale-1.000 Ttde Inelele6a of AuloCaritraet"N 9sneatl!or use b:Emu O mer Pbee,and 15 rot tensbreble_Use by 09iere ins vbleun of fft*W a pyrW tow underTft 11 V AQ 510L prinlea 0940.2006 Sep 30 05 04:43p Erma Bonner Platte 817-536-9424 p.8 Residential Lease wrioeming:929 E.Lauda D. ftfhqx: A keybox Is a locked container placed on the Property holding a key to the Property. The keybox Is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even In Tenant's absence. The keybox Is a convenience but Involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORSO nor MLS requires.the use of a keybox- (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a)during the last-15days of this lease or any renewal or extension; and (b)at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authortWion to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of$ 10&00 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. (3) If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are later denied or are rat able to access the Property because of Tenant's Failure to make the Property accessible, Landlord may charge Tenant a trip charge as provided in Paragraph 14C. (4) Landlord, the property manager, and Landlord's broker are not responsible to Tenant, Tenant's guests, famft or occupants for any gamages. injuries. or losses arising from use of the kevbax unless caused by Landlord,the property manager,or Landlord's broker. 15.MOVE4N CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it ASIS provided that Landior+d:Prgmrty Acg0ed by the City of fort Wore,per the Agreement B. Tenant will complete an Inventory and Condition Form,noting any damages to the Property, and deliver it to Landlord within I days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must direct all requests for repairs in compliance with Paragraph 18. 16. MOVE-OUT: A. Wove-Out Condition: When this lease ends, Tenant will surrender the Property in the some condition as when received, normal wear and tear excepted. Tenant will leave the Property in a dean condition free of all trash, debris,and any personal property. Tenant may not abandon the Property. B. Definitions: (1) 'Nomral wear and tear' means deterioration that occurs without negligence,carelessness, accident, or abuse. (2) 'Surrender" occurs when all occupants have vacated the Property, in Landlords reasonable judgment, and one of the fallowing events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed;or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (TAR-2001)10-14-03 Tenants: & Landlord or Landords Representative: Page 7 of 14 Cowaler0anvaodtdn,AubCw*mM•v6=wM" nae Autaftft pmdods,fit.10W W.FlpWbvk Ss1N 101,HUM,TX 7606].(W%722.1179 C:Vmgram FIIasNILWnUNIN1alltsuda Wa►1A00 7b41 W abn dAUWCGr&Md-i,foamed 10 Un W Emu parer MWM.and is nM Yu-rel bin.Use by olhws is•v®Idon d Ndend oop,n&ft law undarTkin 17 V.S.C.1101. prtaad 0940,200.5 Sep 30 05 04:43p Erma Bonner Platte 817-536-9424 p.9 Residential Lease concerning:929 E Lauda (3) "Abandonment occurs when all of the ioilowing occur. (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by afWhg it to the outside of the main entry door, stating that Landlord considers the Property abandoned,and Tenant Fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Properhv Left After Move-Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization;or (c) store and sell such personal property by following procedures in§54.045(b)-(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable casts under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment 17.PROPERTY MAENTENANCE: A Tenants General Responsibilities:Tenant, at Tenant's expense, must: (1) keep the Property dean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes,and batteries for smoke detectors and carbon monoxide detectors(of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener, (6) take action to promptly eliminate any dangerous condition on the Properly; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the Thain water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; and (12) promptly notify Landlord,in writing, of all needed repairs. S. Yard Maintenance: (1) "Yard'means all lawns, shrubbery, bushes,flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners'association. (2) '7 ftntsin the yard" means to perform activities such as, but not limited to: (a) mowing, fertii¢ing, and trimming the yard; (b)controlling pests in the yard; and(c)remanding debris from the yard. (3) Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: WA . Other than watering,the yard will be maintained as follows: (TNR-2001)1x14-03 Tenants: & Landlord or Landlords RepresentsWe: Page 8 of 14 CvnPOMr gwma bd u*4 AulaCoMsdw VL23 sof am from AulolMely Rodin.,lneti 10M W.PoWe.S Wb 101,HaeL 1K 78053,(EI'A)852-1778 C WfWaM F1MAACMMTNkMWVAud.Laaoa1.000 Tbb�mWMion or AuloCaftadw M f wmW far use b:Em Baum PM0l,aril M mal Mumu".Use byba -Ilk 11 U.&C.SID1, P"W00.301005 Sep 30 05 04:43p Erma Bonner Platte 817-536-9424 p.10 Residential Lease concerning 929 E Lauds (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ❑ (b) Tenant, at Tenant's expense,will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service;❑ C. Pod/Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pooi/Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures wit become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord,Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork,floors, or walls,except that a reasonable number o F small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any ulster fumiture on the Property; (5) install additional phone or video cables, outlets, antennas,satellite receivers,or alarm systems; (6) replace or remove flooring material, paint, or wallpaper, (7) install, change, or remove any: fixture, appliance, or non-real-property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials which might cause fire or extended insurance coverage to be suspended or canceled or any premiums to be increased; (9) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid)on the Property-,and (10) cause or allow arty lien to be filed against any portion of the Property. E. Falure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising landlord's remedies under Paragraph 27, perrorm whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord) the reasonable expenses that Landlord incurs. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant Is delinquent in rent at the time a repair notice Is given, Landlord Is not obligated to make the repair. B. Comple on of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's perm orlon. All decisions regarding repairs, Including the completion of any repair, whether to repair or replace the Item, and the selection of contractors, will be at Landlord's sole discretion. (2) Landlord is not oblkpfisd to complete a repair on a day other than a business day unless required to do so by the Property Code. (TAR-2001)10-14-03 Terwnts: da Landlord or Landlords Representative: Page 9 of 14 CouWaur aoasramd uW"AubCwtW2w v5=.caw•.4om waMio ft Roew.lno..WW w.P4iWgw sdl.lol,Kmfl,Tx 75053.<�1 i=2m70 C.Wmpmm F11n%h WkOMRMaKsuda Lsw1AW Tds igsHafa�n 0 AwaCala w-is boated Wass tat Erma 00.0 Rab,andis tlW not Yfsrema.Useby eiM b•vidsibn of Imbsol so,ydyK law u�dirTwe 17 USC.1101. Phi 0946=5 Sep 30 05 04:44p Erma Bonner Platte 817-536-9424 p.11 Residential Lease wncerning:929 E.Lauda C. Payment of Repair Costs: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay,the first i 0•00 of the cost to repair each condition in need of repair,and Landlord will pay the remainder, except for the following conditions which will be paid as foilows. (1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair: (a) a condition caused by the Landlord or the negligence of the Landlord; (b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition,faulty construction,or malfunctioning equipment; (c) a condition that adversely affects the health or safety of an ordinary tenant which Is not caused by Tenant, an occupant, a member of Tenant's family, or a guest or Invitee of Tenant; and (d) a condition In the following Items which is not caused by Tenant or Tenant's negligence: (1) heating and air conditioning systems; (2) water heaters; or (3) water penetration from structural defects. (2) Regains that Tenant will Pay Entire hr: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay the entire cost to repair: (a) a condition caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant (a failure to timely report an Item In need of repair or the failure to properly maintain an Item may cause damage for which Tenant may be responsible); (b) damage from wastewater stoppages caused by foreign or Improper objects In lines that exclusively service the Property; (c) damage to doors,windows,or scareens; and (d) damage from windows or doors left open. (3) Appliances or Items that will not be Repaired: Landlord does not warrant and will not repair or replace the following:washer/dryer,Miarowave D. Trip Charges: If Landlord or a repair person is unable to access the Property after making arrangements with Tenant to complete the repair,Tenant will pay any trip charges Incurred E. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant Is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant Is rosponslbkL 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devaaes within 7 days ager Tenant moves in. "Security device" has the meaning assigned to that term in§92.151, Property Code. B. All notices or requests by Tenant for rekeying. changinos installing, repairing, or replacing security devices must be in writing_ Installation of additional security devioes or additional rewdng or replacement of security devices desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landkxd. 20.SMOKE DETECTORS: Subchapter F. Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection. or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under§92.2611, Property Code. (TAR-2001)10-14-03 Tenants: & Landlord or Landlords Faepresentative: Page 10 of 14 CdTpubrpestsYd WfnpAWoroN lTM v5�!soflv�a.fiarnAWeRsWy Prod xis,Inc.903D W.GipeleM4 Sub 101,fhaaL TX 70D51,(E00)7>2--7170 C1F7o(,sp FjIesV1CY1471WkFinlLa�Wso-1.000 This he SW=orAW r-4Xftet-IS hre7sac for ur to logs 8o7ar PYeo,and io nol asukgDY.Use by WMFS vbWon of 7odmi=pydW law widerTitY 17 U.S.C.¢901. 131i7mtl 00.9942905 Sep 30 05 04:44p Erma Bonner Platte 817-536-9424 p.12 Residential Lease concerning:929 E Leuda 211.LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, farnly, or occupants for any damages, injuries,of losses to person or property caused by fire, flood,water leaks, ice, snow, hal, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminarrts (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc.}, or other occurrences or casualty losses. Tenant will promptly reimburse Landlord fw any loss, property damage.or cost of repairs or service to the Proner#v caused by by Tenant.Tenants Quests.any occupants, or any oets. 22. HOLDOVER: If Tenant fads to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attomeys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23.RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenants nonexempt personal property that is in the Property and may seize such nonexempproperty tf Tenant fails to pay rent. Subchapter C. Chapter 54, Property Code governs the rights and obligations of the parties regarding Landlords Tien. Landlord may collect a charge for packing. removing. or storing property seized in addition to anv other amounts Landlord is entllled to receive. Landlord may sell or dispose of any seized property in accordance with the provisions of&54.Qg. Property Code. 24.SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (n) all advances made under any such lien or encumbrance; (nil the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v)any restrictive covenant; and(vi) the rights of any owners' association affecting the Property. 25.CASUALTY LOSS OR CONDEMNATION: Section 92.054, Properly Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Arry proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26.SPECIAL PROVISIONS: The provisions of this Lease aro subject to the provisions of the Agreement. 27. DEFAULT: A. if Landlord fails to comply with this lease,Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fads to comply with this lease, Tenant will be in default and: (TAR-2001)10-14-03 To. & Landlord or Landlord's Representative: Page 11 of 14 Caaputsrgwrerabd uskW AubCwdred-v523 surwom.fan AubRWy Pr*ckM,Ina,1060 W.Pydsa,Suits 101,Hund,T%7009.(0001322.1178 C:Wi9prlm F4&6VnCWWW*J21"%Lnadn Lenw,1.000 Tbis kptalWon of AubCadrad*is lioassed tows to F.mo Bonner Plod,and is n0-ban,ferdble.Use by Whom Is■rlob0on d flded eop,rWLIaw undrTi4 17 US.C.§101. prYllsd 0970.2005 Sep 30 05 04:44p Erma Bonner Platte 817-536-9424 p.13 Residential Lease concerning:929 E Lsuch (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant wiU be liable for. (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond nominal wear and tear, (d) all Landlords costs associated with eviction of Tenant, including but not limited to attorney's fees,court costs, costs of service, and prejudgment interest; (e) ail Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and rebzmd check charges;and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 278(1)may be by any means permitted by§24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (i7 extended by written agreement of the parties;or(m)terminated earlier under Paragraph 27, by agreement of the parties,applicable law,or this Paragraph 28. A. Military: Tenant may terminate this lease if: (i) Tenant is or becomes member on active duty of the United States uniformed services (the armed forces or the commissioned corps of the NOAA or PHS); and (ii) Tenant receives permanent change of station (PCS) orders or deployment orders for not less than 90 days. To terminate this lease under this paragraph, Tenant must deliver to Landlord: (i) a copy of the orders; and (ii) written notice of termination that specifies the effective date of termination which may not be earlier than 30 days after the first date on which the next rental payment is due after the date the notice is delivered. This paragraph does not apply to orders authorizing base or post housing. B. Assignment and Subletting: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 288, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee,subtenant, or replacement tenant: e% (i) $WA ❑ (Iii) %of one's month rent that the assignee, subtenant,or,replacement tenants to pay. (TAR-2001)1 0-14-03 Tenants & Landlord or Landlord's Repnmentatim Page 12 of 14 Cmrpuw priwnlsd uabp M+OsConbatl^'vS33 sahsYe,kan MbAMtly PrOdsls.brc..10lD W.GpFna,8tefa 101.NxK TX 78011,Id00)372-4176 C.IPMUrarn Fsas1ACkWMAffsa feuds I-saae-1.000 Tds YLL1etl�On s1AubConbsr!"is 0senaed far use b.Ere.2bmrr Plalb.and is ret beederat b.Usa b/cV w is•vmlatlm d lsdrtM eep,tlpbllawraslsl Title]7 U.&C,g]Ot. (riobd C01420i08 Sep 30 05 04:45p Erma Bonner Platte 817-536-9424 p.14 ResiderrUal Lease conceming:90 E Duda (b) if Landlord procures the assignee,subtenant, or replacement tenant: X3 (1) $WA O (ii) %of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29.ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service,and all other costs of the legal proceeding from the non-prevailing party. 30.REPRESENTATIONS: Tenants statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental,Tenant is in default. 31.ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. 32. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail,or sent by facsimile transmission to: Tenant at the Properly and a copy to: Landlord Go: Erma Bonner-Piaftb,Bonner Real Eshft Agency 406 Rol ft Hills Drive Fort Worth,Texas 76119 Phone: Phone:817-536.8619 Fax: Fax:617536-9424 33.AGREEMENT OF PARTIES: A. Entire ftreement There are no oral agreements between Landlord and Tenant. This lease contains the entre agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs,executors, administrators, successors,and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for ail provisions of this lease. Any act or notice to, refund to,or signature of,any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver. Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease wil remain enforceable. F. Controlling Law. The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this tease. (TARr2001)10-14.03 Twwts: 81 Landlord or Lerxllord's Mpvsentabve: Page 13 of 14 Caap�D.rysrar.tad Wry AubCMrsi-A23�a8.ran.Gan A 0kwky Prndud.,hm.1000 W.PlWil*.SWW 101.MurK T%10007.<0001=1178 C1Pro�m FM*1A(.WnOM�laud@ Ls 1.000 7111.rnr.trarwn of A/oCaitaet11 a 1ke.nead is w r¢Enrw 8anr a.t1ti ad 1a not aars6ntt.U.e by o0,sn i.■vioWbn m S 1 1 cvpyr W 1xw undr Tb*17 U.S.C.g1C1. prit 04-3"" Sep 30 05 04:45p Erma Bonner Platte 817-536-9424 p.15 Residential Lease concerning:929 E. Lauda G. Coovriaht If an active REALTOR® member of the Texas Association of REALTORS* or an active member of the State Bar of Texas does not negotiate this lease as a party or ibr one of the parties, either as a party's broker or attorney,this lease is voidable at will by Tenant. 34.INFORMATION: A. Future inquires about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. it is Tenant's responsibility to determine, before signing this lease, if: (I) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii)such services are sufficient for Tenant's needs and wishes;and(iii)Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named Wow to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions,to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Erma Bonner-Platte,Bonner Real Estate Agency Phone:817-636.8919 Address: 4526 Rolling Hills Fart Worth,Texas 76119 E-Mail:elarus@oharter.net F. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant D intends U does not intend to purchase such insurance. G. Landlord's broker, Ery Bonner-Platte,Bonner Real Estate Agency,4526 Rolling Hips Fort Worth,Texas 76119 will O will not act as the property manager for landlord. H. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorrmey BEFORE signing. Landlord Date Tenant Date Landlord4626 Roiling Hdis Drive,Fort Worth,Texas 7 Date Tenant Date Or signed for Landlord under written property management agreement or power of attorney: Tenant Date Primed Name: Tenant Data Firm Name: (TAR-2001)10-14-03 Page 14 of 14 ro gum pnamtw uaMg AuhC *adrd29 adWers,barn AaoRaW PioduM kr_1000 W.PiperkK Sults 101,Hknt,rX 70059,CM=-1179 CW"gram WeMCwenWkF&mALeudn Laos-IWO 7Ma wm`Fm of M oContad-4 9anaa5 form to:Enna Bonner Puts,and N tot randerabWL Use b,90ma Is a%Wa99n 0f!edam 00W9nt hm untferlKe:7 V.S.C.5101. pin*d 040.2005 EXHIBIT "E" TENANCY ADDENDUM 1. KATRINA Interim Shelter Program a. Owner is leasing the unit ("Housing Unit') 4. Rent to Owner as described in the lease to which this a. The initial rent to Owner may not exceed the addendum is attached ("Lease Contract") to amount approved by City in accordance with the tenant for occupancy by the tenant's Program requirements. family with funding for a tenancy under the b. Changes in the rent for any Housing Unit Katrina interim shelter program("Program") shall be determined by the provisions of the of the City of Fort Worth,Texas("City"). Lease Contract. However, Owner may not b. Owner has entered into an Interim Shelter raise the rent during the initial term or any Agreement ("Agreement") with City for the renewal term of the Lease Contract. Program. Under the Agreement, City will make Program payments to Owner to assist 5. Tenant Payment to Owner the tenant in leasing the Housing Unit from a. Each month, City will make a Program Owner. payment to Owner on behalf of tenant in accordance with the Agreement. The 2. Lease monthly Program payment shall be applied a. Owner will give City a copy of the executed to the monthly rent to Owner for the Lease Contraci, including any revisions Housing Unit, agreed by Owner and the tenant. Owner c. The tenant is not responsible for paying the certifies that the terms of the Lease Contract portion of rent to Owner covered by City are in accordance with all provisions of the Program payment under the Agreement Agreement and that the Lease Contract between Owner and City. An uncured includes this tenancy addendum. failure by City to pay the Program payment b. The tenant and Owner shall have the right to to Owner is ground for Owner to terminate enforce this Tenancy Addendum against the the tenancy for nonpayment of City Program other party. If there is any conflict between payment, however, tenant shall not be the Tenancy Addendum and any other obligated for any rent deficiency. provisions of the Lease Contract, the d. Owner may not charge or accept, from the language of the Tenancy Addendum shall tenant or from any other source, any control. payment for rent of the Housing Unit in addition to the rent amount set forth in the 3. Use of Housing Unit Lease Contract. Rent to Owner includes all a. During the Lease Contract term, the tenant housing services, maintenance, utilities and will reside in the Housing Unit with appliances to be provided and paid by Program payments from City. Owner in accordance with the Lease b. The composition of the tenant's household Contract. must be approved by City. The tenant must promptly inform City of the birth, adoption or court-awarded custody of a child by 6. Other Fees and Charges tenant or any person residing in tenant's a. Rent to Owner does not include cost of any Housing Unit. Other persons may not be meals or supportive services or furniture added to the household without prior written which may be provided by Owner. approval of Owner and City. b. Owner may not require the tenant or tenant's c. The Housing Unit may only be used for family members to pay charges for any residence by the tenant's family. The unit meals or supportive services or furniture (if must be the family of tenant's only any), which are to be provided by Owner residence. Members of the household may pursuant to the Lease Contract.Nonpayment engage in legal profitmaking activities to the of any such charges is not grounds for extent permitted in the Lease Contract. termination of tenancy. d. The tenant may not sublease or let the unit. c. Owner may not charge the tenant extra e. The tenant may not assign the Lease amounts for items customarily included in Contract or transfer the unit. rent to Owner in the locality, or provided at no additional cost to unsubsidized tenants in if any member of the tenant's the premises. household, a guest or another person under a tenant's or resident's control 7. Maintenance, Utilities, and Other commits any of the following types of Services criminal activity: a. Maintenance (a) Any criminal activity that (1) Owner must maintain the unit and threatens the health or safety premises in accordance with the MAS of, or the right to peaceful (as defined in the Agreement). enjoyment of the premises by, (2) Maintenance and replacement other residents (including (including redecoration) must be in property management staff accordance with the standard practice residing on the premises); for the building concerned as (b) Any criminal activity that established by Owner. threatens the health or safety b. Utilities and appliances of, or the right to peaceful (1) Owner must provide all utilities enjoyment of their residences needed to comply with the MAS. by, persons residing in the (2) Owner is not responsible for a breach immediate vicinity of the of the MAS caused by the failure to: premises; (a) Pay for any utilities that are to (c) Any violent criminal activity be paid by City. on or near the premises;or (b) Provide and maintain any (d) Any drug-related criminal appliances that are to be activity on or near the provided by or on behalf of the premises. tenant. (2) Owner may terminate the tenancy (3) Tenant damage. Owner is not during the term of the Lease Contract responsible for a breach of the MAS if any member of the household is: because of damages beyond normal (a) Fleeing to avoid prosecution, wear and tear caused by any member or custody or confinement of the household or by a guest. after conviction,for a crime,or (4) Housing services. Owner must attempt to commit a crime,that provide all housing services as agreed is a felony under the laws of to in the Lease Contract. the place from which the individual flees;or 8. Termination of Tenancy by Owner (b) Violating a condition of a. Requirements. Owner may only terminate probation or parole under the tenancy in accordance with the Lease Federal or State law. Contract and FEMA or HUD requirements. (3) Owner may terminate the tenancy for b. Grounds. During the term of the Lease criminal activity by a household Contract (the initial term of the Lease member of tenant's Housing Unit in Contract or any extension term), Owner may accordance with this section if Owner only terminate the tenancy because of. determines that the household (1) Serious or repeated violation of the member has committed the criminal Lease Contract; activity, regardless of whether the (2) Violation of Federal, State, or local household member has been arrested law that imposes obligations on the or convicted for such activity. tenant in connection with the (4) Owner may terminate the tenancy occupancy or use of the unit and the during the term of the Lease Contract premises; if any member of the household has (3) Criminal activity or alcohol abuse (as engaged in abuse of alcohol that provided in paragraph c); or threatens the health, safety or right to (4) Other good cause (as provided in peaceful enjoyment of the premises paragraph d). by other residents. c. Criminal activity or alcohol abuse. d. Other good cause for termination of (1) Owner may terminate the tenancy tenancy. After the initial Lease Contract during the term of the Lease Contract term, such good cause includes: (a) The tenant's failure to accept origin, familial status or disability in connection Owner's offer of a new Lease with the Lease Contract. Contract or revision; (b) Owner's desire to use the unit 14. Conflict with Other Provisions of Lease for personal or family use or Contract for a purpose other than use as a. The terms of the Tenancy Addendum are a residential Housing unit;or prescribed by City as a condition for (c) A business or economic reason assistance to the tenant and tenant's family for termination of the tenancy under the Program. (such as sale of the property, b. In case of any conflict between the renovation of the unit, Owner's provisions of the Tenancy Addendum as desire to rent the unit for a required by City,and any other provisions of higher rent). the Lease Contract or any other agreement e. Eviction by court action. Owner may only between Owner and the tenant, the evict the tenant by a court action. requirements of this Tenancy Addendum f. Owner notice of grounds shall control. (1) At or before the beginning of a court c. In case of any conflict between the action to evict the tenant,Owner must provisions of the Agreement and the give the tenant a notice that specifies Tenancy Addendum or Lease Contract, the the grounds for termination of Agreement shall control. tenancy. The notice may be included in or combined with any Owner 15. Changes in Lease Contract or Rent eviction notice. a. The tenant and Owner may not make any (2) Owner must give City a copy of any change in the Tenancy Addendum. Owner eviction notice at the same However, if the tenant and Owner agree to time Owner notifies the tenant. any other changes in the Lease Contract, (3) Eviction notice means a notice to such changes must be in writing, and Owner vacate, or a complaint or other initial must immediately give City a copy of such pleading used to begin an eviction changes. The Lease Contract, including any action under State or local law. changes, must be in accordance with the requirements of the Tenancy Addendum. 9. Lease: Relation to Agreement b. In the following cases, tenant-based If the Agreement terminates for any reason, the assistance shall not be continued unless City Lease Contract terminates automatically. has approved a new tenancy in accordance with Program requirements: 10. City Termination of Assistance (1) If there are any changes in Lease City may terminate Program assistance for the Contract requirements governing tenant for any grounds authorized in accordance tenant or Owner responsibilities for with the Agreement requirements. If City utilities or appliances; or terminates Program assistance for the tenant (2) If there are any changes in Lease and/or tenant's family, the Lease Contract Contract provisions governing the terminates automatically. term of the Lease Contract. c. City approval of the tenancy, and execution 11. Tenant Move Out of a new Agreement, are not required for The tenant must notify City and Owner before agreed changes in the Lease Contract other the occupants move out of the Housing Unit. than as specified in paragraph b. d. Owner must notify City of any changes in 12. Security Deposit the amount of the rent to Owner at least 35 Owner may NOT collect a security deposit from days before any such changes go into effect, the tenant. and the amount of the rent to Owner following any such agreed change may not 13. Prohibition of Discrimination exceed the reasonable rent for the unit as In accordance with applicable equal opportunity most recently determined or redetermined statutes, Executive Orders, and regulations, by City in accordance with HUD Owner must not discriminate against any person requirements. because of race, color, religion, sex, national 16. Notices Any notice under the Lease Contract by the tenant to Owner or by Owner to the tenant must be in writing. TENANT(S) OWNER