HomeMy WebLinkAboutContract 32550 CITY SECRETARY
CONTRACT NO. _
INTERIM SHELTER AGREEMENT
BETWEEN THE CITY OF FORT WORTH
and LI✓, !-LP/
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
SEP/ TSF 4 Lam- 'L , ("Apartment"), whose address is o000• A�',r 8W01�`�
-71-'-;12—,y06 (Apartment address), acting by and throughA9,0159z5 IVIisO)OV,_:VVC.
its duly authorized (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 he
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 ASSISTANCF-PAYMENT AGREEMENT Pa_e l Revised 9/1 x!05
(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.
(I) Apartment certifies that:
(l) 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.
(,) Apartment is responsible for screening the tenant's behavior or suitability for tenancy.
City is not responsible for such screening. City has no liability or responsibility to Apartment or
other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City
acknowledges that Apartment may require tenant to sign a rental application and disclose certain
background information, including criminal information, at the same time the tenant is allowed to
take occupancy of the Rental Unit. If Apartment discovers that a tenant has submitted false
information on the rental application or that tenant's criminal history is unacceptable according to
Apartment's customary standards for lessees in unassisted units, Apartment may give the tenant
one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior
lease shall not be grounds for eviction. Apartment shall notify City promptly of the issuance of
any notice to vacate and eviction of any tenant in any Rental Unit.
(h) Apartment shall treat tenants under this Agreement in accordance with Apartment's
customary practices and policies towards all of its other tenants.
ARTICLE III
MAINTENANCE,UTILITIES AND OTHER SERVICES
(a) Apartment must maintain all Rental Units and the building or complex in which the
Rental Unit is located, including common areas and grounds ("Premises") in accordance with the
MAS.
HOUSING ASSISTANCE PAYMENT AGREEMENT Pa_e 2 Revised 9/15/05
(b) Apartment must provide all utilities needed to comply with the MAS unless City has
agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit "C."
(c) If Apartment does not maintain the Rental Units and the Premises in accordance with the
MAS, City may exercise any available remedies as set forth in this Agreement. City may not
exercise such remedies against Apartment because of an MAS breach for which the tenant is
responsible, and that is not caused by Apartment.
(d) City or its agents may inspect the Rental Units and the Premises at such times as City
determines necessary, to ensure that all Rental Units are in accordance with the MAS.
(e) City must notify Apartment of any MAS defects shown by the inspection.
(f) Apartment must provide all housing services as agreed to in the Lease Contract.
ARTICLE IV
TERM OF AGREEMENT
(a) The term of this Agreement begins on the date of countersignature by City, and
terminates twelve (1?) 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 Anv 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:
L The Agreement terminates automatically as to each Lease Contract that is
terminated by Apartment or the tenant.
?. City may terminate Program assistance for a tenant for any grounds authorized in
accordance with U.S. Department of Housing and Urban Development ("HUD")
or FEMA requirements upon written notice to Apartment. If City terminates
Program assistance for a tenant, the Agreement terminates automatically as to
that Lease Contract.
3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to
that Lease Contract. Apartment must notify City in writing of the vacancy as
soon as Apartment knows of it.
4. City may terminate the Agreement if City determines, in accordance with FEMA
and/or HUDrequirements, that available Program funding is not sufficient to
support continued assistance for tenants in the Program.
5. City may terminate the Agreement as to any Rental Unit if City determines that
the Rental Unit in question does not provide adequate space in accordance with
the MAS because of an increase in tenant's family size or a change in tenant's
family composition.
HOUSING ASSISTANCE PAYMENT AGREEMENT Pa<_e 3 Revised 9/15/05
6. If the composition of the tenant's family residing in the Rental Unit changes, City
may terminate the Agreement as to that Rental Unit, or may continue Program
payments on behalf of tenant's family members who remain in the Rental Unit.
7. City may terminate the Agreement as to that Rental Unit if City determines that
the Rental Unit in question does not meet all requirements of the MAS.
S. 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.
HOUSING.ASSISTANCE PAYMENT AGREEMENT Pate 4 Revised 9/15/05
(b) Unless Apartment has complied with all provisions of the Agreement, Apartment does
not have a right to receive Program payments under the Agreement.
(c) Rent shall not be prorated for a partial month and Apartment shall provide Rental Units
to tenants for a partial month without assessing Rent.
(d) The Program payments shall be credited against the monthly Rent to Apartment for the
Rental Unit.
(e) Limit of CITY responsibility.
I. City is only responsible for Program payments to Apartment in accordance with
the Agreement and requirements for a tenancy under the Program.
'. 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.
(0 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 ]eased 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 pa}°ments or other consideration,
Apartment shall promptlyy inform City of such receipts.
4. The tenant does not own or have any interest in the Rental Unit.
5. Apartment (including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of the tenant's family,
unless City has determined (and has notified Apartment and the tenant's family of
such determination) that approving lease of the Rental Unit, notwithstanding
such relationship, would provide reasonable accommodation for a tenant's family
member who is a person with disabilities.
ARTICLE VII
PROHIBITION OF DISCRIMINATION
HOUSING ASSISTANCE PAYMENT AGREEMENT Paine 5 Revised 9/15/05
(a) In accordance with applicable equal opportunity statutes, Executive Orders, and
regulations, Apartment shall not discriminate against any person because of race, color, religion,
sex, national origin, familial status, disability, or sexual orientation in connection with the
Agreement.
(b) Apartment must cooperate with City, and its agents, in conducting equal opportunity
compliance reviews and complaint investigations in connection with the Agreement.
ARTICLE VIII
APARTMENT'S BREACH OF AGREEMENT
(a) Any of the following actions by Apartment, including a principal, owner, agent, or other
interested party, is a breach of the Agreement by Apartment:
1. If Apartment has violated any obligation under the Agreement, including
Apartment's obligation to maintain all Rental Units in accordance with the MAS;
or
2. If Apartment has committed fraud, bribery or any other corrupt or criminal act in
connection with any Federal Program program; or
3. For projects with mortgages insured by HUD or loans made by HUD, if
Apartment has failed to comply with the regulations for the applicable mortgage
insurance or loan program, with the mortgage or mortgage note, or with the
Regulatory Agreement; or if Apartment has committed fraud, bribery or any
other corrupt or criminal act in connection with the mortgage or loan; or
4. If Apartment has engaged in any drug-related criminal activity or any violent
criminal activity.
(b) If City determines that a breach has occurred, City may exercise any of its rights and
remedies under the Agreement, or any other available rights and remedies for such breach. City
shall notify Apartment of such determination, including a brief statement of the reasons for the
determination. The notice by City to Apartment may require Apartment to take corrective action,
as verified or determined by City, by a deadline prescribed in the notice. If a defect is life
threatening, Apartment must correct the defect within no more than 24 hours. For other breaches
or defects, Apartment must correct the breach or defect within the period specified by City, which
period shall be reasonable under all of the circumstances.
(c) If Apartment fails to cure any breach by the deadline prescribed in the notice to
Apartment, City's rights and remedies for Apartment's breach of the Agreement include recovery
of overpayments, suspension of Program payments, abatement or other reduction of Program
payments, termination of Program payments, and termination of the Agreement.
(d) City may seek and obtain additional relief by judicial order or action, including specific
performance, other injunctive relief or order for damages.
(e) Regardless whether tenants continue to live in any Rental Unit, City may exercise any
rights and remedies for Apartment breach of the Agreement.
(f) City's exercise or non-exercise of any right or remedy for Apartment breach of the
Agreement is not a waiver of the right to exercise that or any other right or remedy at any time.
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05
ARTICLE IX
CITY ACCESS TO PREMISES
AND APARTMENT'S RECORDS
(a) Apartment must provide any information pertinent to the Agreement that City may
reasonably require.
(b) City, and its agents shall have full and free access to all Rental Units and the Premises,
and to all accounts and other records of Apartment that are relevant to the Agreement, including
the right to examine or audit the records and to make copies.
(c) Apartment must grant such access to computerized or other electronic records, and to any
computers, equipment or facilities containing such records, and must provide any information or
assistance needed to access the records.
(d) Apartment shall retain all records pertaining to this Agreement and the Lease Contract for
four (4) years following the termination of this Agreement. Apartment may destroy said records
at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain
between City and FEMA regarding the Program payments.
ARTICLE X
EXCLUSION OF THIRD PARTY RIGHTS
(a) A tenant is not a party to or third party beneficiary of this Agreement.The tenant may not
enforce any provision of this Agreement, and may not exercise any right or remedy against
Apartment or City under this Agreement.
(b) City may enforce the Lease Contract against Apartment, and may exercise any right or
remedy against Apartment under the Lease Contract. Apartment and the tenant may enforce the
terms of the Lease Contract against each other according to its terms.
(c) City does not assume any responsibility for injury to, or any liability to, any person
injured as a result of Apartment's action or failure to act in connection with management of any
Rental Unit or the Premises or with implementation of the Agreement, or as a result of am other
action or failure to act by Apartment.
(d) Apartment is not the agent of City, and the Agreement does not create or affect any
relationship between City and any lender to Apartment or any suppliers, employees, contractors
or subcontractors used by Apartment in connection with management of the Rental Units or the
Premises or with implementation of the Agreement.
ARTICLE XI
PROHIBITION AGAINST INTEREST
(a) No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Apartment is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or
indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the
provisions to be performed hereunder.
HOUSING ,ASSISTANCE PAYMENT AGREEMENT Page 7 Revised 9/15/05
(b) No member, officer, or employee of Apartment shall have a financial interest, direct or
indirect, in this Agreement or the Rent or Program payments transferred hereunder or be
financially interested, directly or indirectly, in the sale to Apartment of any land, materials,
supplies or services purchased with any Rent or Program payments transferred hereunder, except
on behalf of Apartment, as an officer, employee, or member. Any willful violation of this
paragraph with the expressed or implied knowledge of Apartment shall render this Agreement
voidable by City.
ARTICLE XII
ASSIGNMENT OF AGREEMENT
(a) Apartment may not assign the Agreement without the prior written consent of City.
(b) City may assign this Agreement to FEMA or HUD or any other state or federal agency
without consent of Apartment.
ARTICLE XIII
WRITTEN NOTICES
All notices required or permitted by this Agreement must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit in a
United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,
return receipt requested); and (iii) addressed to the other Party at the address set out in the
preamble of this Agreement or at such other address as the receiving Party designates by proper
notice to the sending Party.
ARTICLE XIV
ENTIRE AGREEMENT; INTERPRETATION
The Agreement contains the entire agreement between Apartment and City.
ARTICLE XV
MISCELLANEOUS PROVISIONS
(a) Apartment shall provide all reasonably necessary documentation requested by City to
obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt
of City's request.
(b) Apartment waives all security deposits, applications fees, employment and credit checks
for tenants under this Agreement; however, Apartment may require a tenant to provide
information regarding tenant's criminal background history if Apartment customarily performs
such checks.
(c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter
program change during the term of this Agreement, Apartment and City shall amend this
Agreement to conform with such changes. Apartment may terminate this Agreement at no cost to
City if it does not consent to the amendment.
(d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal
HOUSING ASSISTANCE PAYMENT AGREEMENT Paee 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 Re%ised 9/15/05
ATTEST: CITY OFF4RTH
By:
Marty Hendrix, Ci Secretary Joe Pa it City Manager
Date: J 0 S
APPROVED AS TO FORNI AND
L ALITY,
NO M&C REQUIRED
ssistant City Attorney
APADgrN4ENT
By:
Nam - -
Title: /y/9ti�6sN� fr6r
Date: OY- Z/,-
HOUSING
,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 Urvits insert addresses below):
One Bedroom Rental Units (insert addresses below): .
Two Bedroom Rental Units (insert addresses below):
Three Bedroom Rental Units (insert addresses below
Based on the consideration given to Apartment by City in the form of Rent for all above-
listed Rental Units, Apartment shall provide to City an additional space and shall not
assess rent to City for the additional space. This space shall be used for the purposes of
City's Interim Shelter Coordinator or site coordinator for meetings with tenants and
providing other services to tenants.
Description of additional space: T/� ,Q /✓ ��� /�%'��`2/✓�j ,eDG�/�7
SEP.26.2005 09:37 817 244 0293 PEPPER TREE APTS #2205 P.005/016
OCRM463 VETATT, lTKTT STATTTS REPORT PACE 1
11! ROBERTS REALTY ALtVl,4Qw$, INC!. OYSTEM UA'1'L+: U9/26/0b
017 PEPPERTRZE APARTMENT,, SELECT DATE: 09/26/05
Period; 09/05 Br.Vr.rmt,ri- 2C, 2005 09:27:50
UNTIRIMn VACANT LIN iTE (;U:L, by UIUL Type and Vnil- nn,mhnr)
DATE MARKET DAYS CAL(:UI.,A' 101) •tt!I,Owti• MAKE READY
eip UNTT TYPE VACATED RENT VACANT VACANCY C:P AP OT AMENITIES DA.rE NUTE5
01 103 1A'i 07/12/200; 435.00 76 1,10;',00
09 126 lAl (16/01/70r)5 435.00 117 1,696.50
'Total 'ly}ir - 7 070.00 2,'/!10.50
24 151 IA?. 05/19/2005 435.00 13U 1,8105.00
26 146 A2 Uh/01/"(,I1), 4435.00 117 1,696.50
1
32 136 A2 UH/lb/2UUS 435.1)1) 47 609.00 6/L/>/ ��✓ r '
TuLal Type - 3 {Ob.00 4,190.50 C D(�+V
IB 17L A3 1 00/15/2005 -- 5Uu,UU 42 ----70o.00 `J"
TuLal Type - 1 501).no 700.00
r 4 0.n n 0 Q.uv
u
12 11'1 1103
17 118 161 00/19/2005 540.00 38 F84.110
13 119 11 040.DO 0 Q.vv
1Ti 1a1 313331 uH/15/27U5 b44,n1) as 75x.00 �Q �'J� LJ �(/ (moi-✓ ����
TQLel Type _ 4 161J.O0 1,440,00
IVO
07 114 103 560,UU U 1).00 n�/,JU, �" "� ���0
16 1 1 14.1 560.00 U U.OU
17 17770 1103 0i/:!3/2uCti ,61).00 18 3,990.67
19 167 103 560 0,00 0 0.00
71 164 103 0,1/04/2045 560.00 177 3,:).6F.W1 /, �s /
3 .
TotaI TyFtr. - S t 000.00 6,vti'i,33
04 207 2A1 0)/01/20Lb 41}.01) 87 1,261.50
04 232 2A1 o5/01/2005 435.U1) 148 2,14
To Lal Type = 2 870,07 .3,407.nD
25 -i,4'/ 2A2 09/20/2005 435.0D 6 8*11 UU
30 237 2A2 U'1/13/7DrS 43!',.no 75 1,007.50
31 233 2A2 09/07/2ULS 43S,On '19 27f,.50
Total Type = 3 L 375,00 1,450.00
01 201 2A1 n«;/1)1/20CE rOo.00 117 119SL1100
10 277 2A-4 0'1/37/2645 S0D.00 76 1,266.6/
Total Typo - 7 L OOo.00 3,216.61
U5 775 7A4 OC/01/:015 445.UO 117 1,735.Sn
lu 2L3 2A4 05/01/70{, 445.00 117 1,'/35.50
23 249 2A4 09/09/20Lh 445,00 17 252.17
16 ;146 2A4 oS/23/20CE 445.OU 126 1,Bh9.nn
30 238 2A4 09/2D/70r9 445.00 6 8!1.00
31 2.14 2A4 02/23/20(5 445.00 715 .7,189.17
T01-al. Type - 6 ? 670.00 8,1370.33
12 218 2B? 1'1./71)/','.1)14 !AGO.00 280 5,133.33
13 220 2 E ;50.00 0 0.00
Total Type - 2 1 100.00 5,133.33
00 215 203 03/23/'LUL`. S6U,01) 1117 .1,490.67
14 270 203 03/16/20(5 560.00 194 1,671..3.;
17 769 7.143 02/2.1/71)x5 560.00 215 4,U13.33
19 267 2113 04/18/,10x.5 56o.no 161 3,005.33
7.0 265 203 03/16/20LS b6u.01) 194 ,,(;7.1.:!7
TntaT. 'IWr - , 1 800.00 17,752.OU
02 210 254 09/13/2005 570.00 13 :!4'/,t)n
SEP.26.2005 09:37 817 244 0293 PEPPER TREE APTS #2205 P.006/016
QCRM463 DETAIL UNIT STATUS REPORT PACF
01 RODrLTZTS REALTY ADVISORS-, INC. SYSTEM DATF: 09/?.g1o.,,
017 PEPPERTREE APARTMENTS SHIA C-1' VATN: 09/26/05
Period: 09/05 September 26, 2UUS 09!27e5A
(rt 214 1.144 09/07/?110, ,70.033 19 :{I;T,Oii
08 216 254 S'/U.UU U 0.U1J
14 279 2B4 07/12/200, 570.00 7G 1,416.00
1" 281 2'E44 0:l/311:1 r, E,70.00 2.38 4,5)').1111
17 270 2334 570.00 0 0.00
19 2G8 2131 7,70.00 0 0.00
P.I 7G4 2B4 570.00 0 0.00
Tosyl Type. _ 8 GG0.00 G,574.00
2'? 101 TH 0A/15/2005 650.00 42 710.00
22 154 '1'H 0'//13/2011" 650.0n 7S1,6".,.00 08/29/05
22 158 TH 650.00 U U.U(J
Total Type - 3 9"0.00 ::,53",00
TUTAL UNHb'NTBL) VACANT 46 ==
21 89U.UU 64,81~.1/
UNRENTEP UN•NUTT(:Y. TJNTT1 ', (N :-tnd by Unit '1ypr. and Exparted Move OUt Date)
LXVEK;I' V L77RR=- *C'OLOr,S* MAILMT
OLD UNIT TYPE MOVE OUT 111' CUIU(ENT RESIV6MY HOMF' PH()NR RFNT CP AP OT AMENITIES RENT
02 'In9 103 09/20/2005 )T SABRINA GMtL 71".UU 560.00
Total Type - 1 715.00 "U.00
10 274 2C1 09/21/29U5 Yl' l.lh'ANA I'HRHV,, 7&0.00 HU0.00
'Total Tyrr. - I 760,nO 800.00
22 155 '1'H 'Tr K6WARD BROWER 725.00 1;!.b.00
Total Type - 1 725.00 6511.0()
alYl'AL UNHFNTFT) tiN-NQTT('R 3
2.200.00
VACANT/PRELEASED UNITS (!,3r, 'd by Unit Type pnei Rxpnct<-,1 Nkrve. Ic, DALel
FXPR=. %r QUO'1'eo IlA'I* MARKET MAKS; READY
BLU UNIT TY1'h MQVF TN 1P 1:,TC.ANT RESIDENT RENT VACA'1'61) AMKN f'i1Fft RENT DATE
01 101 lA3 09/16/'200" 3r.,n I,Cr„ 17tnnis 500.00 00/10/2005 F00.00
iS 173 lA3 09/26/20CS 77.:A SALDIVAH L0().00 S0U,U1J UB/79/0,
Total Type.. - 2 7,tJY.O.p0 1,000.00
13 120 151 U9/113/201;" ;h1,;:'rR RFv.n 510.00 07/12/20U5 540.00 09/29/0S
Total Type _ 1 54!1.00 S4(J.00
TOTAL VACANT PRELEASED 3 --
1,b60,Of1 1,540.00
RRNTED ON-NOTICE UNIT!; (sDr': 'd by Unit '1YF)r. Mid Expr.LLed Move Out Date)
EXPEC'Bf1 CURRENT EXPFCTED QUOTED MANKHT
BLD UNIT TYPE MOVE OUT 4Ff (:I.THRP.NT NrIALL)Bro'1RENT MOVE IN A1.111,1CANT NAMir RENT
i'U'I'AI, kF.NTRT) ON-NOTT(T 0
SEP.26.2005 09:37 617 244 0293 PEPPER TREE APTS #2205 P.007/016
UC.KM463 DETAIL UNIT STATUS REPORT PAGE ?
01 H[)K KTA> WHAf;l'Y ADVISORS, IN(.', SY$THM HATFI; 04/76/US
017 PEPPERTREE APARTMENTS SELECT DATE: 09/26/05
11criQd: 09/09 Srpl.rmbr.r 2G, 200; 09:27:58
UNRENTADLE/DODTN UNITS (Sotivi by Unit Type and Date Unit was Last Vacated)
DATE MARKET DAYS CALCULATED *COLORS*
RT.T) TTNTT TVPF, VACATRT) RRNT VACANT VACANCY CP AP OT AMENTTTFS NOTCS
TOTAL DOWN 0
MODEL UNITS (Sorted by Unit T:I-e)
MARRFT :i:OTAORS*
NLD UNIT TYL'1{ RENT ' AL' U'L' AMUNLTIHL '-
Nfyl'N,S
TOTAL MODELS 0
RMT'TdJVRR TJNTTS (Surhr.d by T)ii Type..)
MARKET :ULORS•
HI,I) UNT'I' TYPR RFNT :P TP OT AMENITIES NOTES
TOTAL EMPLOYEE 0
EXHIBIT "B"
RENT
During the Agreement term, the rent to Apartment may at no time exceed the Fair Market Rent as
set forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution
of this Agreement, as follows:
(1) $558.00 for a zero bedroom apartment;
(2) $597.00 for a one bedroom apartment,
(2) $732.00 for a two bedroom apartment, or
(3) $995.00 for a three bedroom apartment.
The rental schedule above is for an unfurnished apartment.
EXHIBIT "C"
UTILITIES AND APPLIANCES
Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall
provide or pay for the utilities and appliances indicated below by a "C." Tenant shall provide or pay for the
utilities and appliances indicated below by a "T." Unless otherwise specified below, Apartment shall pay
for all utilities and appliances provided by Apartment.
Item Specify fuel type Provided by aid b
Heating G Natural gas G Bottle -as G Electric
Cooking G Natural aas G Bottle gas G Electric
Water Heating G Natural gas G Bottle ,as G Electric
Other Electric
Water
Scwer
Trash Collection
Air Conditioning
Refrigerator
Range/Microwave
Other(specifv)
EXHIBIT "D"
LEASE CONTRACT
[SAMPLE LEASE USED BY APARTMENT WITH
TENANTS SHALL BE ATTACHED]
07
rEXASAPAIrITIEN'I'A.WX:IA'I'ION �v�o1 nr
Apartment Lease Contract °
I)ale of 1 ra.r l i ha,I. This is a binding Irgnl dnnnurrrl.Rend carefully be Torr signing.
(when the I c.. (onln"I is filled ou l)
Moving In—General Information
1. PARTIES. Ihic I r,nr(onhd,Ie,1•,-11,r,n unu,Ihv«•sul•n1(s)flral all date until paid in fug.Daily lafecharges.-ill net"reed 15 days for any
qx npir ci,Cmq,;Ibr I erne<-nnlra,I1 single month's rent. You'll al.ao pav a charge of 5 for each
returned check,rlua initial and daily late charges from due mate until we
retrive acceptable pavment.If You don't pay rent on time,you'll be
and u:,Ili,•o„nee drlinquentandallremedies under this Lease Contract will beauthorind.
If ceu ciolale•the animal restrictions of paragraph 27 or other animal
--
rules,%odll pay an initial charge of$ per animal(not to
1rr,unr nj eparhnrrrl„nnnruru,r rr Ir11. 4nllh r lou,,-agn•rd to re•nl rxcerd SINI per animal)and a daily charge of$ per
\padowni No .,I animal loot to exceed $10 per day per animal)from the date the
f.Irrrl aJJ1-1 .min,ol sac brought into Your apartment until it is finally removed.
to f,ihrr. We'll also have all other rc•n,edies for Such violation.
rocas, , q, „1Jr1 for u.• a. a proote
vdenceool, -rhelrno. „ ,nil',our"n fc,Io Alf Id,-W,h,ted 7. UTILITIES. We'll pay for the following items,if checked:
ibocr rhelrnu. ,,,. n.. .+nil"'o. n•ler to lhro,vnr,Ii.Ird alv,c,. 71 ureter I1 gas O electricity Ll cable TV
,u,d not In pn,pv,1. nnu,.,grn„ env,ne rhe If xoom I -ha. "1 vaste—ve, rl 1-1, 17 master anlreea.
gi,.—nived gn•rformanre• ..I Ila. I r.nr (....trail, a crp.,,Mc I roar )he'll pav for all other utilities,refilled deposits,and env charges,fees,or
( ,nlracl Guaranty for ra,If guava oleo i,alta,het .f• ices on ulilitY hills conneie•d in your name.You mud not allow utilities.
In le dia-on—ted—inclu ding disconnection for not paying your bills—
_. OCCUPANTS I by oparin,rnl„III Lr o„n1,ird only I„sou.od'I"? unlil Ihr I case Contract tern or renewal period ends.Cable channels
all Plhfr,x'1'llq hint.Ih'IIerrbP(Iib"1-,r.r r',•nl nr,I I
Ilialare pro%tiled may Ir changed during the Lease Contract term if the
.. change applies In all«<idenls.Utilities may be used only for normal
household purpovS and must not N,waded If your electricity is ever
mlrrnlpleIL use only b,dl•ry op-med lighting. If anv utilities are
.obnn•tcl ed for Ihr aparlmrnl,or prnr,ued I,v an allocation formula,we
Vo err e6r n,rope
It,, Ip-1 1 1',r......nal li.trd ebrn,•n,,,.l ,+•ill altarh an addendum to Ihic l rico Contract in compliance with State
,J,nlmrnl Ion Inn, Ihnn „ ,„uh„ ,la,. agrnry oder ,,cily ordinan o
,.dl„1rd our q1n,r„rdhn„•„.,„1 .,r„I 11,1 In,Ir Ih.,n h,,,r Ih.d n,.0,
la,.mam,nu ns vdl, it'11,1•,, 1,11, r•."• ,nr 1,11,1 nr r,,,,lna.ler s. INSURANCE.IVrurgr unu Myrl varrnurn rrrsrnauu for ,cer.Jur In theft,
„ern U1 r.Ih, h,nu hr, ,•,der Jnr uryr.nn I it,,Ido You iole n I to Irlrn 4 nnr1
-1 not loinuourae r tr,prole(I against Sit,h losses,or
). 11!ASF PERM Ir indi,,l I,'m,•I Ito I,., I,nolle, h,ly nn Ih,. "1 bus i s,rano•frolu Your own agent if,cover such IocseS
day nl lu an,l Ila al,I ,,,I ked,,1 or krn,;rlyd,Vr that you avll rrnllrn lh•in...core("rcntrrnvr
rn,f..Il mIII IIIl the ,le,..I v, )OUR SECURITY RIGIITS, What We Must Provide. Tlxm, law
I'r Ill.I ra.r r,nd,,a1,„II.u11,1n,.IYnelh I.ec„ n„ml1, Ryu4e@._with;`qml'i><CCp-(i(mc,lhalrv_r�CnLrdplLi(l�i)� p r >u
h...nnlh unlr..r,ll,r I'11,111, g,,,.r,ul h•n nolnr,11 Ire ntlr...hon nr wI)CfL,�CSlpllley_lCj;lrlc�(1)a_,vindoty la([hlr]_C�Ch t1'In�iwiljLa
n,h,d+o n,ou out.e,n•,prn„I 11, Ion ,,,q•h 17
dr,orviCwSr_(`ce{+hold_on each e.tCrlw—door.(.l)a_p0_ImLLnsach
i. til CI'Ri I)'Ilrrwo I. \,tole 1,11.,1 mo, Jrllo.rl 611 ,II-11J,"k 10 X)Iris door;JI)(•tlher t deur handle-latch ivirsecyriity_bar on
cal I) lidipji:Xlass doe,_(',)a keyless lolling dc,lcc(kcylcs�dradhedl)
Lc ,d.., ,I,o,ill 1.11, 111 .1 tI1 II.,.re„or.,,l,.c,gn'd -
onpSh_e](IeDer(Irv[�and(6)eilhrra kCycd_tl(K,rknob lck.i)LLkc]'Ce1
41,1„nr1 1,1,,,—,1d",.,,,,I 1111 luJr.,” n„Ineld.I"1 Jeadboll lck000nrenlry door.Keyed leck(s)willtx-rVkCyed aflerlhe
I... .le11h. II.u„I I`I,1, .,,n ll, ,1,I•,,,rl„loon rotor n,nll„n poor resident move%outrtie-rekeying_will_bidLQCShc)CLbCfvri:
come to or cvdhin 7 days afl•r you move in,AS required by_@la ltlrc.If we
kl)c ANI)r URNI I URI11 1- IJ-d ,1111l,nrnt fad tom5lall SrrckMsccurily. devicesa@_r"uLLCsi_2y_AbzA—r'=crly
Ir,IJ. march,,• t,-,1.1 n,J ,ah,r lc,(.l r,,, Cod c,)'e.uha,�lheri);ht_to do So and dcducLhr_rCawahlLcoslfrem
nl1 m
nI nl,„ t )'our next rent payment under Section 92.165(1)of(hCCode,
,.I„1 11.1.111 nn.nv all, non„•1 nut.1111 r,lu,I;111.,,,n,eln ,r,lrrd. _
.dnJ.n II h Lrl l w ,111 n,1rI 11111 L,l„,„-Id,ll„I h,,1„nql l,n„ r k,,
Who You Slay Request. eu bjerl to Some linnlahenc,under rrxaS law
1,nu.111x,hnrN,roll Iv'1,I” l,,.1,! 1 1111 lu.hrJ„r 1 unfurnl<I”d. ,ou may m env lune ask us to(1)hxlall ono keved dcadbolt lock on an
-tenor Itx,r of tt dee•S not I—v(one;(2)install a Security bar on a sliding
e, RrNr AND CIIARGrc. „��,,.II Ib 6,r I;la.edry+rd,l dare not ha,,,inv:onit(1)Sha nge nr reke•v locks or latches
11'” ` I"'r Irn1n ler rood conq,ic rvrlh th—c regoras,bol cru n.ucl pav for them.
n al.i1a,.Jdr u,eJ..m„ ... .1116„nl�L nl,n„I L In l 1111,I
1 ,I It,,,on.rte n,.u, ,, I What You Are Now Requesting. Subject to clalutory restrictions on
1.,1 ,,hal s, mu
y drmn
,you ,aY rr,pu••I,sou e now arrequesting uc to
mlali nr1,rh,,ngr t\our...1,n,•'
I.m.,ln.1,'r
l I.1 month nr-12,0 coon 11,.,1I, I n _
14lrrrrr r.unu aru�l taro unrn„nl,nr,n h'I„rr ILP hl Il,nr,d,,h h,.r,nrlb 1,6rr II ur rl„n n ML,f ur.Ifni m+n err rnprcaore nurrr of Ileo hrrrr---- --
,lalrl�1.111r nn\r.nr I„n1J. a ,Ir r�rr Icor,"I,I,rl11r;ed lrrr,l cur prr,lr;er dh
Ix arm em )ru root and ,rrllrlr,dd,, ria,I u rel nnh•: ,nrlh,lr r-- i 1111 Pavment, tVt•e,ill pat'for missing%rellrify dP\•Ie CS that are required
Ial nl, lVr mile,al rnn o1,hol,,n•yuim.Il.Inc luny Ihal t on 11x\.III u•nl h\'stat ulr.You will.pay for.(1)rCkCy'1 n)ZtILtyou request(except when
and Ill rr.unxulca.h.re'hrd„,-,a.hn•r\,her k,n,rnu•c order.oronr fadcd Jo r ks a t r thC�,rmi to os recnf mored ou U:and(2)
nand h lc rIt,•rk r.,Ihrr Ilran.....11.1,1,-,he,k. II von dnnl pas all rrnl n„ rcpajrc_or_replacemCnts_due to mitis"r damage by yo i1, your
n Irlore Ihr ,In, 11111 her c•n't);o r„ family,nc-cupanlc.or guCSls.You 11111%1 pay immediately after the work
is done unless elate clalule aolhorizes advance payment. You,ISO
,-I,-to varale before lh.d d,,i, -o 11 pec.In hu li,,l lair charge of mud pav for additional or changed Security dry ices you request,in
plus.I late,hargv of g _ per day after that adcancr or afterward,of our option.
Special Provisions and "What If"Clauses
10. SPECIAL PROVISIONS. the tollo,cmg.prria 11,n,,,...,n.and env I1. RELLTrINGCIIARGE.You'libelal,lrhvalsferarelettingchargcof
addeoda or,-ill on ru1—1 oine,hrd lo\nu.. or holo«•.,,,:n .ul'e'r- a (not to exceed SS'%.o(Ihe highest monthly rent during
.ede ane conflicting I,rovi.rnnc of Ili.pnnled I ruse.C1n,Irao form.
the I ease Contract term)if You:
(I) fail to give written move-out notice required in paragraphs
23 or 37;or
(2) moceuutwithout our vrittenapprovaland without paying rent
in full for the entire Lyase Contract lerm or renewal period;or
111 move out At our demand bec.-o—of your default;or
I I) arc judicially evicted.
I-ryrrrlrHnr\•,Irrr yr r�rent n,an,rllalion(rnrrJJrx:c orf rrlrncr you/corer In'ur
,11.11,.'1 r,�n-roe,f,r 111 r.I rn.r(rulrn,f.�,r Iles Irr:l IarrnVrnpb of q,n,,r,1
11"7,1, Aruecnvl A..,r,+no.r,Ivo. P+rr 1or6
Not a Release. 11 n•li-itiog ,hargo i, not a Least, Contract Disposition or Sale.F,,(ept foranimals and property removed after ,
cancellation h`v or buyout Irv.11 i,ma agrred-to liquidated amount thedcathofasole residcnl,we may throw away or give toa charitable
covering only part of our daoiagv,,that is,our time,effort,and organization all items of personal property that are: (1)left in the
rxpensein findingand poll t cing.i rrpina•mrnL-Thcsrdamagcsare apartment after surrender or abandonment;or(2)left outside more _
uncertain anddifficuttlo--rlam partictdarlythose relating to than Ihourafterawrit of possession iscxecut&i,followingajudicial
iixonvrnienre,parent uo k,edt rel i,ing,shnwing al+arlmt•nls,ulilitil-c eviction.Ani ma is enmvetl after sit mender,abandonment,or evict ion
for,howing,checking pnspvd•.,office overhead,marketing costs, maybe kennelcdorhuned over telaealauthoritiesorhumane.%mietit..
and locator-service fees. You agree that the reletting charge is a Property not thrown away orgiven tocharity may bedisposed ofonly
reasonable estimate,,f it, danoages and that the charge is duc bysile,which must beheld nosexmer lhan.l(Idaysafler written notice
whether or not our relelliog attempts succeed. If no amount is of date,time,and placeuf sileissentbyboth regularmail and certified -
slipulaled,you must pay ouractualre•Ieniogcosts sofarasthey car) mail(retorts receipt requested)toyour last known address.The notice
be determined.The reletting charge does not release volt from most itemize theamolmts you oweand the namc,addrmc,and phone
conlinuedliabililyfor:flit ore or past-due rent:charges for cleaning, number of the person to cunlactabout thesale,the amount owed,and
repairing,repainting,or unrehrnu`d keys;or other sums due. your right to redeem the property.Sale may be public or private,is
subject to any third-party ownership or lien claims,must be to the
12. REIMBURSEMENT. You must promptly reimburse its for loss, highest cash bidder,and may be in bulk,in batches,or item-by-item.
dmnage,government fines,or cost of rrl•airsorservicein theaparlment Proceeds exceeding sums(,wed must be mailed to you at your last
community disc lea violation of the L case Contract or rules,improper known address within;l(l days after sale.
use,or negligence of)oil or your guests or occupants.Unless he
damatreorwastewaterslory2pgeisduelQouLnSgLjge�ce,wt'rei3o] 14. FAILING TO PAY FIRST MONTH'S RENT. Ifyou don't pay the first
liabIcJg--andyoumu9l-pay-for-repalrs.ieplacgrltenf SQAs.And month's rent%v hen or before t he lease Con tract begs ns,all futurerent
damage-JQ Lhs foJJQwipR i(_occu rri ngdu ring lhe_Lease Contract will be nutonoalically accelerated wilhoul notice and immediately
term_oLrene-waLPeriod:(1),damage In doors,windows,or screens; dor.We,Iw....ay end your right of o,cop;ncy and rev oyl-rd....ages,
(2)damagel@ALindows or doors left open;and-(,ll damage_from folure rent,reletting charges,attorney's fees,court costs,and other
wastewal4r�loppaW-caused by improper_objecls_in lines Iatvfulcharges.Ourriglitsand remedies under paragraphs 11 and32
exclusivelXpSD_ing your apartment. We n,aP u`quirr 1+apnx•nl at .apply to acceleration under this paragraph.
nn little,including adyao,r pat nu•nl(if n•palr,tar which you're
hablc.Delay in demanding,,ms you nwc is not a tc•a rr 15. R ENT INCREASES AND LEASE CONTRACT CHANGES.No rent
increases or Lease Contract changes are allowed before the initial
11. CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT. I race Contract term ends,except for changes allowed by any spertal
All_pr9WIlyJ-R Ihe-apartmenf"is(unfe51_exempt under SSction pr--nn%in paragraph III,by a written addendum or amendment
54.042 of the Texas-Pro pe rly-Code)subject lo_a_conlractual lien to ,igovd by t ou,and its,or tiv reasonable changes of apartment rules
secure payment_Qf delinquent rent.1°or this purp-,"apartment" allowed under paragraph 18 If,at least 35 days before the Lease
e+rlodes summon areas hot include,inll-rior living mea,,nod exterior Conlrot t term or renewal peritd ends,we give Yeti written nnlicc of
exon,,ha 1pnait•c,altachnl g.arsogrq and.toren sono for%oun•xclo",co- •til i , i., om e
c r Ir-c(.. asI(hang"effective when tile l-c
c
Coolrat Penn or renrwnl period ends, this Lease Contract will _
Removal A flee We Exercise Lien for hent.I(your rcnt is delinquent, autnmaticalk ronlinue month-lo-month with the increased rent or
uu r representative may peace fill ly enter the Apartment and remove Iva-Cnfrocichangrc Thrnrty mexiificd Lease Contmdwillbeginnn
and/or store all property subject to lien. Witllrn rn 1- .,1 rnlrt thrJah•,t.trdmlhv noou•(wilhout nl-rescityof yoursignative)unlet,
must be left afterwards in Ihr apartment in a eoospicuouc Iola, --plu, you gi\e tic wrillen nx+ar-out notice under paragraph 37.
.,lisl of ilcins remo-I flit,notice mud stab the amount of drlingornt
r.•nland the nanar,Addl e-,01111 phone number of file per,nn l..con tact Ib. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
'boot theanunoto.vt,d.fhrnoticl-nnstala,tMvIhattileproprrlyt\,It naslruction,rep.-,,dramog.ora previous resident's holding over,
Iv promplly returned mhrn Ihr delinquent rent is fully paid All icr're not rrcponsstile for l lie d clay,The Lease Contract will remain in
pngx`rt)in lheaparinu•ntl,pn•,unx•d falx•yoursunh•ccprocrnntlarnei<e•. forre subject it)(1)abatement of rent on a daily basis duringdelay;and
(2)your right to terminaleasset forth below.Termination notice must
Removal Afler Surrender,Abandonment,or Eviction. IV(,fir lacy he in tvriling After termination,you are entitled only to refund of
officers may remove and/or don`all prorerty remaining it the depo,il(s)and any rent paid. Rent abatement or Least, Contract
apartment or in commoo otvas lint lading may eehirlrc vnu or any terroinationdoesnot apply ifdelay is forcleaningor repairslhal don't
--pant or guest n,,n%or u,o,l if-oare judicially c\i,fl-d nr it v(,u pr-ent unit from ixrupyiog flit,apartment.
anrendl-rorabandon theaperinn•ntf-edrfioitioncill paragraph42)
If there i,a delay and ter I-co't gi-n entice of delav as rot forth
Storage.Wrwill%lore prnpn len i rd under a rnnlrar teal lien inunedialrlx•hdn.o,you map le•nninatr up to the date when the
IVr niav%bore,hill have nn dot\to cloiv.property writ-ed afler apartment is read\for occupancy,hilt not later,
udicial eviction.surrendvr orahaod(,nn,cot of theapartmrnt Wert,
not liable for casualty lots, damage. nr Ihcft except fnr proper,\ fl) If air go"wrolrn tion,r to anv of\ou\\lien or after the Lca,e
remncrd under a cnnlrartual tun 1 nu mutt pay n•aconotill-Jn,rges Contract begins-and till-notice states that occurancy has been
for our packing,renim iog,<1orii :,.nod selling anv property IV(- drlayrd heoaucenfamstruction or a previous resident's holding
h., ` a lien nn all propr,l\ rvio-rd and dared after currcndr,, o\rr,,rod that Ihr aportmcnt wtill ht•ready a a,pecific dalr-
.,bei,.lonnicnl,or jodicial re i,lion fnr,all.uric\nu incl-,,anti one \nu may terminate the Lease Contract within}days of voor
\rplinn:(fur lira nn pnq,rrty li�lnl un,tri 1'roprrt\("ode 4•cnoo i-e- og the nnlicc,hill not later
,4`1112 is limited to charge,for packing,rena,vnag,and daring. (2) If we go a ivriltro notice to any of\nu before Iheeffe•ctive Lease
Contract date and the notice states that construction delav is
Redemption.Ifwe'vecevrdonddon•d prol-riv undrracnnlr'ic lu•al -pi-Ord and that theaparinicot wdlbe ready foryou looccury
hen for rent as eatho-ed tic ill(-I'I nprrtt t otfe,t nu n ma\redcon,the oa sperific(lair,\oil may terminale the Lease Contract within
property b%I,,,\ gall dvlm,l u,•n t i rel dura till-t...... ,renin•. Rut -,la% afler anv of\oure(eives%vritten not ice,but not later.The
ihudirrofsalcfst,lhxlhas folk„\d i,gl\rn before anti ark n•(lrmptinn.
cailinr,c date is cnncidrrl-d Ihr new effective Lease Contract
may redn•na only I,\p.i\in),Ihr ddinqurnl root.uxl rt a,000ble fall`fnr all purpoa This new daft,may not be mored to an
`I,argvs for packing,rcto-nag, o
• dn
od nng If 1,e-rem-rd and rather dol`utile-ace and\oil agree.
.loud rroperiv after,unrnder.ab.mdonn,rnL-Judi,nal r,xlion.
ouoaov tell n•n.only 1,\I n,,g.11<unl,\on..\rind.dmg ren 1,la le 17. DISCLOSURF-RIGHTS.If,onacone rrqul-stc information on you or
,has ges,relelfing dtarges,.Ioragc,d,,niage,,etc IV r mat n•luro your rental hidnry for law-enforcement,governmental,or business
n•dvented property al tilt•plan of forage,the menagenaent office,or purposes,tee may rro\ide it.
the apartment(at oto option) Wt•ioa\require pa\nienl b).cash,
money order,or certified check
While You're Living in the Apartment
IP. COMMUNITY POLICIES OR RULES. You and .,It goe•al, and cook nn balconies or outside;or.solicit business or contributions.
ocrupants insist comply tt ilh am written apartment rides and Conducting any kind of business(including child care services)in
,ommemitypolicies,indodmginw-uclion,for care ofour propertv. %norapartmentorinllicapartmenlcommunityisprohibited--except
(fur rules arc considered pal t of this Lease Contract, We may make that any lawful business conducted"at home”by computer,mail,or
n`acunal•le changes to tvrittrn ru tris l-lfrcti\e`immrdiatrll',if they arc telephone is permissible if cuskmiers,clients,patients,or other business
di,triboled and applicable In all unit,in the apa rtmrnt commmmty associates do not come to your apartment for business purposes.We
and it,not, dollar anuv nil,nn page I„f flit,I t,aa•Contract. ma\legislate:(1)the use of patios,halmnies,and porches;(2)the
conduct of htrniture movers and delivery rersons;and(J)recreational
19. LIMITATIONS ON CONDUCT the apaatnient end other areas artivitiesincommonareac.You'll he liable to os for damage caused by
r—s-ved for vopr private•-c nowt lit-kept dean.Tre,li mutt be \on cram guestsor occupants.
disposed of at Icasl tveeklc in al+pn,1`I talc rrcvp[.idr,in ar\nntanrr
,cath hx'alordinances.Pas,agrn at,s non\brused on l\forret%nn t. We mac...nude guc,t%or olherc will,,in oil r judgment,have been
Anv cw imniing pools,,alien,,spa,,lanning t-1,,exrrci...rexxr.,, \tolating the late,violating this Lease Contract or any apartment
dorrrooms,lnundn'roorn,,an(lcimilar areas neat be ua•d with rave rule%.or disturbing other residents,neighbors,visitors,or owner
u,,e.vniancevvilhapas lnx•nI ndt•<a,al pndrtl„gm Gle,,,nnlanx`a, rrpn`senlohpt•, lve me\ also"rheic from anv oolside area or
air pnohibiled in nr nnv pnol..,od nth,•.tononoo arras.lou.t our con,noon arca a person who refaces to sh-,phot,,identification or
",upant<.or Burch olalk plan\n here o lhvaparinwol conn......it, re•ltse<lo idrtif\himselfor hercelfas a resident,occupant,or guest
.......roll],,,or kvroy Lvnl„tc tIh,m1lir prior tc riltrn.q`pro-1, of a,pcc,fi(r-Ovet in Ihr conn....nity.
r-r2nrR
20. PROHIBITEDCONDUCI.1-ou.....kou,.r,ulsuu,urItuesi maym+l Yuowmiltn•alnnyofnurcocurilymeasunrasapexpressorimplial
vngageinthe following pmhibitela,Iiiili,•s:loudorobnoxiouscon,110; warrantyofsecrilyorasaguarantee against crime orofreduced risk
disturbing or threatening the rights, comfort, health, safely, or ofnime.Unlssotherwise provided bylaw,we're not liable toyou or
conveniencenf(Nhersinornoarlpossessing, any guests ornmllamtsfor injury,damage,orI(m. to person orpmperly
selling,or manufacturing ilirgalLin gsordrugparaphernalia;engaging caused by criminal conduct ofother persons,including theft,burglary,
in or threatening violence;possessing a weapon prohibited by penal assatilt,vantialism,orotliercrimrs.We'renotobliged to furnish security
CodeSection46.M;dischargingafirearm inlheapartmenlcommunity; personnel,security lighling,securitygates orfences,orother forms(If
displayingorpossessingagun,knife,orotherweapon inthe common security unless required by statute.We're not respnasibiefor obtaining
arca ina way t hat mayalarm M herr sodititing business or contributions; criminal-history checks on any residents,occupants,or guests in the
operating a business or childtaro—i n e;sforing anything in noesis apartment"immunity.if you orally occupant or guest is affected by., -
havinggasappliancvn;tampering%vith utilities;bringing hazardous crime,you must make a written report tootr mpre. tativeand to the
materials into the apartment community; having or using glass appmpriate local law-enforcement agency.You must also furnish us
containers in the p,wd area;and using candles or kerosene lamps. with the law-enformmentagency's incident-report number upon request. - -
21. PARKING.Wentayregulate[lie time.manner,andPlace ofparking 25. CONDITION OF THE PREMISES AND ALTERATIONS. You
cars,trucks,motorcycles,bicycles,boats,trailers,and recreational accept the a pa rtment,fixtu res,a nd furniture as is,except for conditions
vehicles. We may have illegally parkai vehicles lowed under an materially affecting the health or safety of ordinary persons. We
appropriate statute. A vehicle is prohibited in the apartment disclaim all implied warranties. You'll be given an Inventory and
community if it: Condition form on or before move-in.Within 48 hours after move-in,
(1) has flat tires or other conditions rendering it inoperable; you must note on the form all defects or damage and return it to our
(2) has an expired license or inspection slicker; representative. Otherwise,evervthing will be considered to be in a
(1) takes up more than one parking spare; clean,cafe,and good working condition.
(4) belongs to a resider,] ,,c-opanl who lac —irendered or
.,handonni the spa rlmrnl; You must use customary diligence in maintaining the apartment and
fel is parked ina mark(,,]han,hcol—Pearn,ilhnul the lry;alle required common arras Unlessaulhorized by statute or by its in writing,you
handicap ir.ignk most not Perform any rt-plirs, raintiog, waldrapchog, carprfing,
(10 Hot k.annthor,ole,Ir Bono -,rinq:, electrical,hanger.orollu•nviseaNrrour Property.No holecor slickers
(7) is parked in a firs fano or dragnets,]"no Parking' are,o; ❑reallowed insideoroutsuiellicapar[meat.But weal lrrmita reasonable
(8) is parked in a sr-l-marked for,+ll,er residenUs)nr unrl(,1,or mrmlrrof small nail holes for hanging pictures(m shertr(ck wallsand
(9) I,parked on Ilio gra.s,-h—olk,or pan„ ing—vesofwoxxi-panrletdwal Is,un Iris oil r ru fes stale otherwise.No
%eater furniture,antennas,additional rhoneor TV-cableoutlets,alarm
22. RELEASEOF RESIDENT.I Inlos,wt,,rgi,en you.,w illrn ngra,e -stems,or lock changes,additions,or rekeying is permitted unless
(under paragraphs 10 or 211,you%cont he released from Ibis 1 case .lalulorily allowed or we've consented in writing. You agree not to
Contractforanyreason—inc)udingbutnutlinti(edtocolulflaryor ❑Iter,damage(it remove(it rproperty,incl tiding alarm systems,smoke
involuntary sch,ml withdra%val orirandrr,colunlary orinynlultlary delccfors,furnihue,telephoneand cable TV wiring,screens,locks,and
joblransfer,marriage,seporalion,divorce,reconciliation,lossofco- sox-urilvdevices.When You movein,we'llsupplylight bulbs for fixtures
residents,loss of emrlovmrnt,bad health,or death. +ve furnish, including exterior fixtures operated from inside the -
arartmrnt;after that,you'll replace Ihcm at yourexpense with bufbsof
2.1. NfILITARYCLAUSE.IlndrTIll(' lnsvurg,lnunxtan,r+.rnumae Ihec•vnewaltagrYourimrn,yemcntstrothrapartmrnt(whdhrrnrnol
Irnninah•Ihr Luno Cowra,t by go int;ns%vriltrn notice ,.,con,rnll Ivtomr ours unless we agree olher%yise in writing.
(1) it you are or bounn,•.r nnrnnI,- Ihr Ancrod Fr,r,e, ,I.o'% 26. REQUESTS,REPAIRS,AND MALFUNCTIONS.IFY000RANY
naliononrarrndrd.or
dor,h,le.nnlrr,ri,r,I, of.tal.-I QC(UPANT NEEfJ5_ZQSt:N_DA_ QTJCEA`L(QLC-QUEST—POR
,oderclopernanenlladep.onrh,l,ualan,,,n4-1...rrr6ri d LY IIVI--•._FOR REPAIRS, INSTALLATIONS SERVICES, 0R
koro active duly,or SECSIRITI'11-U. TEDLv1,j=LERS—IT MUST BE IN WRITING TO
r') if you aro deplovrd to.,bongo,rnnmv.r..+nn cib-of the QUIZ_DESIGNATFL)jRCPR ESENTAILVE(ext rpt in emergencies
I MitrJ Slalec Arnu•,I I erre.enJ.or not,nnlinu u+);to n•,Pier inyolcuug inunedime danger Io person or properly,such as fire,gas,
quarter,allow anvr from Ihr 1... v smoke,overflowing sewagv,uncontrollable running water,electrical
Inuit hemi se,term i oat ion nonce%,r ll,1 lr,a v(,I v her m i na to t he l ease s horts,(it rri me i n progress)
(ruuracl 10 day,after it next ruoulh)y rent payment is due. Yon
nnu<l furnish its either a uq,r of Ili•official Permanent,hangcof Oor complying with or responding to any oral request regarding
s Lotion orders or a tiepfovnu-nt Idler or order. Military Permission security or nnnsecurity matters doesn't waive the strict requirement
for bast,housing doesn't--tilute a permanent chnngr-nf statim% for%%-ntten notices trader this Lease Contract.You must prompldv
order. After mo—oil,yon rt,rnlRlvd In return of your sn only nolifv its in%v riling of:water lea ks:elect riga l problems;malfunctioning
depoal,less lawhrl dedio,I-- I he rc lr,o.r of a re Ovol under flits lights;bn,krn or missing locks or fatrhes;and other conditions that
nulitary clause will only release that restdrnl and In.or her legal po,e a nonennergencv hazard Io property,health,or safety.We may
derendvnis.It will not r0cn•r Ilio•remannng cc,resudenls changeorinstall ulilily lino,orrquirmcnt-ser%,ingthcnparlmcnt,fthe
work usdone rea—ah1v%yilhout increasing your ulilitvcosts.Wemav
24. RESIDENTSAFETYAND PROPS R I I L OSS.Youandalh-op,cw, turnoffr,luipmrnland inter-pt nlilifieras needed toavoid rro,Fwrty
.nd gne,ls must racy, dor ale Ion,,, mon and olhor. ..etch donnage or In Perform work l(utilil ices malfunction onvedamagei by
.uni.cnrrity,ripe,ial7ymlh.u.,•„1.nn,kr drtr,hns,Jrad ladllo,ks, fin•, seater, or anular,ante, you most nolifv our erpresrnlative
krsie,e bnitinl;Jovi,r.,%cin,ln,vL+u In',.end nlhr r<.Ifr ly,n<rc nam
l, nnrdialeh'.If air tcmdiliooing or other equipment malfunetione,
,]ecites You mu,l(,rad Ihr ur il%r.n Ichor.on Page• con nnrcl nolifv our reprewtilalive as soon as poscibl`t a business
day We ll act with customary diligence to make repairs and
Steinke Defectors.W,-'lllunv.h.nrokr J,e,lar.a•.n.liiurJ b,.I,dnl,•. rrmnne lions,taking into concidrralion when casualty insurance
and%v, ll lest Ihcm an I I•n,%i I,,,,raking I•.ollrrw,,v hrn%nu Iir,1 6tke Proceeds are o,rryrd Rent will mol abalr in%chole or in part.
Pv„q.cion.After that,vnu nnr.l P,+v Inraml repla,rhaltcr—ac needed,
un I,—the law provid-.,It n%isr Wt,no.oy replete dead or nosing If%ve Irlrve that fire or catastrophic damage is substantial,nr that
batteries at vnu(,raps•❑<r, ,vuhnW Prnr nolirr to you lou nerd Performa ii-of needed repo i ispo,esa da tiger to von,we may term i na to
mmalialely PrP„+rtcnu,kc Jeln lnnnallnn,linin to us .Neill rynunor Ihr,Lr, e Chnira,t%within a reasonable lime by giving vnu%vritten
of hers ma y if iscon nut tsm oke drtrtlorsI�JLi Jgrrn tnr_ilr_inrmc(f Ill, nnlire.If the Leasc(ootract is co tem,inated,we'll refund prorated rent
ennk�A�, nr or rrrrrprt'cghullrr��rvlhnul_n7•loiu it li ills ton k rrr,S�1,11 trey, andoff deposits,Irsc deduction1.
ypq ern fin rhnr1c rooter tic(hnrr,)?,'fal,jfhr f'rnjrrfl�",r11r1or�i1M)plus
nor rrrnnflf"c rout aclunlrinrgni;.,nnJnlfnrnrtjnx You will be liable to u, 27. PETS.NolrIsonal/nc,rdfrzrn fcrnlarnrily)mryrrlu•rr in Ihr nlnrtnrrnl nr
and others for anv loss or damage from fire,.nuke,or water if that alsart it torrnr unity rmlrss na'rx•no nuthorizrd ire wrifin,g,rrcrpl for
condition arisen from vote disconnecting or damaging the smoke culgxnl nn taunts ofdisnhlyd lrrsens.The provisions of this lease Contract
defector,orfailing toreplace,hallrryorreport malfunction,tot- applvtocuri—tanimalsandallmammals,reptiles,birds,fish,rodents,
and insects—regardless of whether you consider the animal a"Fief."
Casualty Loss,We rt,not 10hlo many n-idcnt,guest,oe,ccupant for If%yeaflowa pet,vouand we must Signa separate pet agreement.You
Ier�ooaf injury ur damage or Incl of p,•rsnnaf property front fire, must not feed stray animals. If you or any guest or occupant violates
,moke, rain, fled, water Yaks, hail, in•, chow, lightning, wind, pet restrictions(with or without Your knowledge),you'll be subject to
raplosions,andinlernrpliontilulili[des,unleccthatinjuryordamage charges,(images,eviction,andother remedies provided inthis Lease
ccausedbyournegligence.Welt-vooduty In rem-caev ice sleet, Contract. (See rnragrarh6 for charges on violations.) Apet deposit
or snow but may r(,moye any am000l%vilh or without notice. Unlecc i,nat,iderrd a general security deposit We may require a doctor's
%., ,c(ructoll'-wis,•,vnu nnra lot 21 hoorsa day during frvv i,g .tolrmrnl of mod for a ctq,porl.mimed fordisabled persons.We may
weather—(I)keep the aparinx•nt hralcd to at least SII degnrs; require o Pel deposit for support animals.
ID ka•pcabinetand closet loor,op,•n,.,nd11)driphota nil cold%yatrr
faucets. You'll bre liable lir damage h,our and others property if If a fel has been in the apartment at any time during your tern of
damage is caused by broken%valor p,p,•s due to your violating these occupancy(wilhorwill Lit our consent),we'll charge you fordefleaing,
raluirements, If you ask our n•pn•srulalives to Perforin cervicrc nil deodorizing,and shampooing.Initial and daily ped charges and ped-
contemplated in[his Lease Conlratl,%'ou will indemnify on(that is, remo%+alchargesamliquidatcddamagesf(wmrfime,inamvenience,and
hold usharmless)from all liability for Iho,c ceryict•s overhead(excret for attorney's fees and litigation costs)in enforcing ped
restrictions and odes.We may renxwean unauthorized pet by leaving,in
Crime or Emergency.Diol ul I or inunc,ialcly call local fire,Polite or a conspicuous place in the apartment,24 hours'prior written notice of
FMS authorities in can,of fire,smoke,or oci—le,f criminal actit ite intent to remove the pet,and by following the proseduresofparagrarh
involving in,minvot harm.t oo should lhrn contatl nur repo<rnlatirr '_R.We may kmr or kennel the pet or turn it over toa humanesoeietyor
limn.. A nous...,Ir,.+('ovtxarT „I-n,Tec,Nr......nr A,crxrcmw,Ivc. Pone 3,w6
kx'alaulhnrity.When kex•l•ingod,eau..hogrtlx•f......oril 1,eliable for kiss, excessive noise;renxwiog health or safety hasards(including
lomm,.sicknvi*,or deal It of llie pet unlr«duc lo.unegligene.We'llrcturn hasnrdous materials)and items prohibited under our rules;
the pet to you upon rexlucsl if it has not af-otiv been tumed over Ina removing unauthorised pets;cutting off electricity according to
hummme society orlocalauthorily.lou mut•t pay for the pet's reasonable statute;retrieving property owned or leased by former res idents;
caremmdkennelingrharge•s.Wellay-nolion on the pet(,,ranv purpose. inspections when immediate danger to person or property is
reaamablysuspected;entry bya law-enforcement officer with search
28. WHEN WE MAY ENTER.Ifyouorani.gm toroccupantispresent, orarrestwarrant orinhill pursuit;showing apartment toIt-xpe,tve
Then repairers,urvic•rs,nr our n•l•n<rnlnlivec may peacefully enter residents(aftermrn•etxtorvacate notice has been given);orshowing
lhoapartment al reasnnahlr timr•,Ir•rfhr purpe+ees listedin(Dbelow. apartment to government inspectors, fire marshals,lenders,
1f nobody is in the aparinw•nt, tiler, repairers, servicers,or our appraisers,firespedive buyer,or insurance agents.
represent alives may enter pencefttlly and at reasonable times by
duplicate or master key(or by hroakinga tvindmv orother means)if: 29. MULTIPLE RESIDENTS OR OCCUPANTS.Each residentisjoinlly
(1) written notice of the entry is k•ft in a conspicuous place in the and severally liable forall Lease Contract obligations.Ifyouoranyguest
apartment immediatelyafter the enlry;mrd or occupant violates the Lease Contract or rules,all residents are
considered to have violated the Lease Contract. Our requests and
(2) entry is for:responding to vour n•qucsl;repairs;estimating repair notices(including sale notices)to any resident constitute notice to all
or refurhishingcosts;pest control;preventive maintenance;filter residents and occupants. Notices and requests from any resident or
changes;testingorreplacing sn,oke-detcrtorhillerits;retrieving occupant (including notices of Lease Contract termination, repair
unretumed tools or appli-111,- preventing waste of utilities; retlueIts,and entry permissions)constitute notice from all residents.In
exercising contractuallicit;lrnvmgnotices;(lei iyen ng,installing, eviction suits,anyone of multiple residents is considered the agent ofa11
reconnecting,or replacing appliances,furihue,equipment,or other residents in the apartment forserviceo(process.Security-deposit
security device:;removing or rt-keying unauthorised security rha,ds mavhe by one ehe,ekp,intly payableloallresidents;thecheck
device,•,; removing emnuthot-in•d tvmdn+c,rat,ring,,,(oppiog and any deduction ifenlisafians may le mailed to one resident only.
Substitute Residents
30. REPLACEMENTS AND SUBLETTING. Replacing a resident or due and future rent. If vnu move out early,we'll exercise customary
subletting is allowed onlu whro ree co-cut in writing. If departing or diligence to relet.
remaining residents procure a replacement resident acceptable to us
before moving out and we exprecch•consent to the replacement or Procedures for Replacement. If we approve a replacement resident,
sa,hlrlling,them then we may,at our option,require that either:(1)the replacement
(1) a reletting charge rill nal Fedor; sign this Lease Contract with or without an increase in the total
(D an administrative(palx•rworkl(re will be due,aod a rekeving security deposit;or(2)the remainingand replacement residents sign
fee will be duc if rekeving is requested:and an entirely net-Lease Conlracl.Unless weagreeofherwisein writing,
(1) you will remain liable for all I care Contract obligations for the vour cerurily deposit will automatically transfer to the replacement
rest of the original Lease(type.-,t term omuient as of the date we approve. The departing resident will no
longer h❑ve a right of occuponcv or to a security-deposit refund,but
(-rrdits.We'll crrditall,uhce,Iucru rens that,,,a,tuallc r.--e tri n, w ill remam liableforthe remoftheoriginal Lease Contract term unless
replacement or cubsc,lucnt residents against%,oor liability for past agree otherwise in writing.
- � Default by Either Party --_--- --- ---- --- �
- -- - - — -- - -------- _,J
31. DEFAULT BY OWNER. We'll at t ,,It,ro,hnno ry diligence to right ofeviclion oranv other contractual or statutory right Accepting
fl) keep common arax rr•acnnablv,leorr, monryalany time doesn't waiveour right todamages,past or future
(2) maintain hHures, formtun•, hot water. )haling and AX rent,or other come.
equipment;
(1) substantially comply wish apphralde federal,state,and lural Acceleration. All monthly rent for the rectof the Lease Contract term
laws regarding cefefv,ca ntlahnn,and fair I ng:and or renewal period will M ac(eleraled automatically without notice or
fl) makcallreasonable rcpairc,sol,jecttovourobligationit,pavfor demand(tvforeorafteraccelerati(in)andwill be immediatelydueand
damages for which v,o arc liable delinquent if,without our written consent:(1)you move out,remove
property in preparing to move out,or giveoral or written notice(by you
If the violateanv of the al,tov,you may h•rmulote this Lease(lnoratt oronvoccupantlof intent to move out before the Lease Contract termor
a rad exerciscofher remedies tmdrr<,•,lion 02(156rat the Profx•rly Crile renewal period endc;nrrd(2)eou've not poidall rent fortheenlire l ease
only as follow-(a)vou nnrd make a tv nitro re,lurct for repair or (onlroct l inn or renewal I-criod Such con duet is considered a default
n•malynf thccontlitinn,end Al reit to—t lrrurrentat lheline:(b)after for which the need riot give you notice. Remaining rent will also be
n•rciving the rrvlursl,bre have.,nvw,nable Iunr to rep.—..no.idering at—leralcd if you're•judicially evicted or move out when we demand
the nature of file problem,n,tl the o,"onable o ad'I"10%of i"mc"alc' he,au=e vou've defnulle d.()ttr right to accelerate is instead of having
labor,and utilities;(cel if wr I c-u l Jrhgroth'Innl Io rrpair wnhin a rrm for the entire term payable when the I ease Contract begins
rracnnahle time.You ntu,t Ihcn giyc it,it riltett notice of intent to
terminate the[.case Cootra,t uol-,s the rq,au t,mode tn(hnl',lav,; Ilnldnver.Ifvou holdoverhrvond l he daterontnined invotumove-out
and(d)ifrcpairhacn'I Ix-tit mad-,ulna 7,1,1% ,trnanat Irmmi,,tethi= notice or our notice to vacate(or beyond a different mote-out date
I ea,e Contractand exercrcr ollo•r,lat ulon n•mrdtc, Civ-urily dcpo,,t, agreed to by the parties in tvriling),then'(1)holdover rent is due in
and prorated rent will be n•fnnded a,m,luirrd by Loc altrose nn o daily basic and may become del inquent without noliceor
demand:(2)rent for the holdover period will be increased by 25`�over
32. DEFAULT BY RESIDENT. 1'onll b,•mdefault if ill ynu don't pec the(hem existingrent,trifhout notice;(t)you'll be liable to us for all rent
n•nl or other amounts that con titer:(2)vnu or any guest or occupant for the full term of the previously signed Lease Contract of a new
t tnlales this Lease Contract.apartment ode,,or fire.=afeiv,health,or resident tvhr,can't-ecu pv because of the holdover;and(4)at our
,aminal latvs,regardle•ssofu'hefhera,n•,(oramt ichonorctr,O)you option,tvemav extend file Lease Contract term—foruptoonemonlh
abandon the apartment;(4)ynu give incorrect or falses%%ers m a from the date of notice of Lease Contract extension—by delivering
rental application;(5)you or any occupant is arrested for a felonv n•rilten notice to con or votirapartmenl while you conlinueto hold over.
Ac—i-involving-dual or I-in-nliol phv,lral ha nn to a perenn,or
involvingpnsscscioti,nmanu(at lun•,or JrlivrrvnLm rontndhdcuh=fame, Other Remedies. If vour rent is delinquent and the give you 5 days'
nlarihtiana,or dreg paraphenl(alia is defined in the Texas Controlled prior written notice,bre may terminate electricity that we've hirished
Cubstances AcC(6)anv i llrgoldrugsur pa raph-ralia arefound in your at our expense,unless governmental regulations on submefering or
Apartment;or(7)you or any occupant.in bad faith,make<an invalid utility proration provide otherwise.Wemay report unpaid amounts to
h.,Htabilily complaint team+(ficial or rnlplot rof"utility companvnr credit(agencies.Upon default,we have all other legal remedies,including
thegovernmcnt. Lease Contract termination and statutory lockout under Section 92.008
of the Property Cede.Unless a party is seeking exemplary,punitive,or
Eviction. If vnu d,/mdt.re,norv.... vein r rvlrt rfry r rg•nn,. I•v vrrut,y 24 personal-injury damages,fire prevailing party may recover from the
hours'nvith", notin•to run our. Not mac Ir br (1)rcgtdor mail; nonprevailing party attorney's fees and all other litigation costs.Late
(2)certified mail,rc•tcou rct-ipt requested;(1)personal dehyery to charges are liquidated damages for our time, inconvenience,and
ant•resident;(4)personal delivery of the apartment h env occupant overhead in collecting late rent(but are not for attorney's fees and
over 16 vearsnld;or(5)nffixingthe notice lo(hrincideof the ape rtn,enfs liligatioo costs).All unpaid amounts bear 18%interest per year from
n,ainenlrydoor.Te•rminationofyourlx„secclon rightcnr<ubceque°I due date,compounded annually.You must pay all collection-agency,
reletting doesn't n•le�=e you frim liability(or(u hoc rent.AffergiOng fex<if you fail to pay all sums due within 10 days after we mail you a
notice to%acale or filing an eviction,nit,we nlav,till accept rentor letter demanding payment and staling that collection agency fees will
u(hc-orn,duo;fire filingorartrptanced,vm'I tt mice ordioi,—hour lvaddrd if you don't pay all stints by that deadline.
,\...nerve I,.,r Coven„- laac,f„,c.\......... \..,,,,.0,4.1,,. P.tor 4-6
General Clauses
.33. INTERPRETING THIS LEASE CONTRACT. Nritdrr-wrno—rolof deactivate ornodrostallkeyless tooIlinPdevicesonyourdoo�if(I)vou
our reprc,rnlnlirr•s have math airy oral prornisrs, repn•srntations,or QLAP— AI nt in for dwslltn¢Is over 5.5 o[Qabled and(2)the
agrrrnients.lLislrnv(-ouhocf is ltn•rnfirrnyrrrrrn•nl lr•fnr•rn year and ue. 651NIISIItSL15.S.Li�SitiSrL2.153(c)or of the Code are satisfied.
Our represcritattirs lipr,l I rQ mm�utvrnu'it fr•rsrmurcl,r•mfdayers.and
gQents)havortoo amthorilyIf,ostler.slam•nAorlrnooinnfethis Least,Coutract 34. PAYINGSUMSDUE.Paymentnfallsumsisanindependent covenant.
or airy fart of if,and no mdborily to)stake pronnisrs,rrpresratafiorts,or At Our oplinn and without notice,we may apply money received
4erermcufs that im i—srrurtfy did car alter)rJrfi•Qnlinns on its or our (o(her than sale prr.cmfs under paragraph 13 or utility payments -
rrpresentalives males., in wrilbig, No action or omission of our subject to governmental regulations)first to you r noneent obligations,
representative will leconsideredawaiverofanvsuhce•quentviolation, thentorent—regardless of notations on checks or money orders and -
default,or time or place of proforma"cc.On r not enforcing or Mated ly regardless of when the obligations arise. All sums other than rent
enforcing written-notice redo iremon is.rental d tie da tis,arceleml inn, (which is due on the first)are due upon Our demand.After the due
liens,nr other rights isn't a waiver under any circumstances. date,we do not have to accept the rent or any other payments.
Exercising one remedy won't covclitule an election or waiver of 35. TAA MEMBERSHIP.We represent that:(1)we;(D themanagement
other remedies.All remediesarecumulative,Noemplovee,agent,or company that represents us;Or(3)any locator service that procured
management company is personally liable foranvofourcontractual, vnufor usis,atthe timeofsigningthis Lease Con tractor aTAA Lease
statutory,or other obligations merely by virtue of acting on our Contract Renewal Form,a member in good standing of berth the
behalf.This Lease Contract binds subsequent owners.Neither an Texas Apartment Association and the affiliated local apartment
invalid clause nor the omission of initials on page I or page 3 associalinn for the area where theapartment is Ionated.The member
invalidates this Lease Contract.All noticesanddocuments m,ovbein is either an owner/managementcompany member oranassociate
Fnglish or,at ourroplion,inanv language that you read rnr speak.All member doing businessasa locatorservice(whosenameand address
provisions regarding our nouliability and nonduty opply to our isdisclosednnpage6).If not,this Lease Contract is voidable at your
rmpinyccs,agents,andmanagrmentrnmpanie<.ThislraceConlrart optionandI%unenforceable byits(except for property damages);we
icsuMrdinalenrsuperior toexicling and future recorded mortgages, may not recover pact car future rent or other charges;and we will be
at lender's option,A 11 Lease Controct obligations mutt he performed in%iolalion of the Texas Penal Code and the Texas Deceptive Trade
in the county where the aPartmenl is located ['Helices Act.Theahove remediesalso apply ifboth of the follnwing
occur:(1)1 he Lease Contract is automatically renewed on it monlh-
UnderProWrtyCsdP.�Ltitinrn_y>.1(i}(g),jf Skeycs�ilca5LL,4�loik was to-month basis!woor more limesafter membership in TAA and the
alreadynstalled on lhCmain(•nlrKdertsUhe�p�rt,ePta�eti.rn-c-of local association has lapsed,and (2) neither the owner nor the
cignitig this a 7Jract,w-c�rc not rcgvired to instpUnt uur-Cxpensc management companv isa memberofTAA and the local association
a_keya.l_I(rck_of any kind nn the remaining entry doors. We may at the time of the third automatic renewal.Governmental entities
may use TAA forms if the TA A agrees in writing.
Security Guidelines for Residents
36. SECURMGUIDELINES.Incoopo`Htion,cilhllie TexasApartnenl 14. Leavearadio orTVplaying softly while you'regone.
Association,we'd like togivevousome important,afe•tygnride'110es I, (h,ceandlatch vourwindows while vou'regone.partiadarly
The Texas Police A—ciation and the Sheriffs'A«oriation of Texas when you're on vacation.
have approved these cugg-Oon, Folloov these guideline,and u.e
common sense in practicing<afocond ucl.Inform all other nrcu p+ail, 16. Tell vnur roommate or spouse where you're going and when
rnyourdwelling,includingam,hildrrnvoumavhavr,aboulthc•<o• vou'llteback.
guidelines 17 Don't walk alone at night.Don't allow vnur family to do so
IS Don I huica key under thedoormat ora nearby flowerpot.These
PERSONAL SECURI I'Y—WIIILf:INSIDE YOUR AI'ARTMFNi are the first places a hurglar will look.
In Don'I Give enlry rode,or electronic gate ca rdc to anyone.
I Lock your door and wundo,c, - --est,,bile you 7r inside -
"_It. Use lamp timer,when von go out in the evening or go a,vav on
Uce dead hull locks on the•door<,vhrlr�ou r�•mci`Ir vocation They can he purchased at most hardware stores.
I %VI inn wermg lhedoor,,eeovho is flee-byI—king lhrongho 21 l et the nnanagerand your friends knowdyou'll he gone for an
window or peephole.If'nudonI know the person.first talk w Ih extended time. Ask your neighbors to watch your apartment
him or her without opening the door hon f nt"n fhr dna,It von since the management cannot assume that responsibility.
Inmr airy doubts
22 While on vacation,temporarily stop,your newspaper and mail
1. Br careful in giving,nrt kry<.Iy,tr,ard<.,+r Io)k rnmhinahr'rn` delivery or have your mail and newspaper picked updadit by a
Don Iput vournonu•.addro,,.or 1•honr numlx•ron you r kry ring fri(,nd.
r, If vnulr roarer card h, u.r,-In,l ,star kcv car I•r,au<.. 21 Carrvvourdoorkev in vnur ha std.whether it icdavlighl car dark.
mens......vnu di,tru,I how k, ,.,,k 11 m.r nagrrnrnl to n•kv% he when,valkingto vnurenlry door.Yonare more vulnerable when
lock, 1'ouhav-o<tolnlnr,nght to havrthnlJnnr.aJonr.,s coli looking for vnur kcysat the door
pav for the rekry rag
1)ral cal l furemrrgrn,u, If thrill inn 1x d o..,not.,perme in VFRSONAL SECURITY—WI III.E USING YOUR CAR
your arca,keep,phnn-nun,her hand,for the pole-.Ino.an,l
FMS. If an emergenec ori,),,,.ell tho oppml•neln goorrnn,rnhd
authorities first,Ihen,all the nanngrment. 21 I nc k vnur oar doors while driving. Lock your rat doxrsand roll
R Check your smoke Ict-r for inonlhly Ino dead hallrrie, or up the windows when leaving your car parked.
malfunction, _ Don't Ica—exposed items in your car,such as cassette tapes,
n. Ch«kvourehorlockc,,vindu,e latrhec,andolherseeuntv,it,ices ,v rapped packages,briefcases,or purses.
regularly to tie sure they are working prolrriv 26 Don't leave vnur keys in the car.
10 Immediately report the follo,oing to the managennrnt — in 27. Carr•vour key ring in your hand whenever you are walking to
writing,dated and signed your car—whether it is daylight or dark and whether you are at
-any nailed repaircof I-k,.latches,door....irulo, , it ke home,school,work,or on vacation.
detectors,and alarm sysleus:and 28 Always park in a well-lighted area.If possible,try to park,your
sang malfunction of other ,afety device. outside your car in an off-street parking area rather than on the street.
apartment Heel a,broken gate locks,hurneoi-out lights in '_a. Check the backseat beforegetting into your car.
stairwells and parking Ines, blot-ked passages, broken M Be careful when stopping at gas stations or automatic-teller
railings,etc.
machines at night—.r anytime when you suspect danger.
11. Close curtains,blinds,and window shades al night.
PERSONAL-SECURITY AWARENESS
12. Mark or engrovc vnur driver', license number or other
identification on valuable ler.onal pool—t,
No srcmrity system is failsafe. Even the best sysrem can't prtvent
PERSONAL SECURITY—WIIII FOUTSIDEYOUR APARTMENT )rine.Ahenysprncrrdersifsrcnrify systems don't exist sinceffreyare
,subjerf to)real/)radion,tampering,and human error.Wedisclaimany
Il f ockyourdoorcwhil-too regone Ifvouha,clhcm,hckvnur rryrrrssnrirrrplirArnnnnrrfirs nfsecvrily.Tlrehesf snfrtymtnsvresnn
dour handle lock,kevnl dead boll lock,Biding door Iain lock, for nrrrs yon frrr/orve ns a rem l ter of common sense and habit.
eliding door handle laid,,,mJ eliding door av unity bar
A r,anmo I.—r C'—o— lac•Ir,,,Ar,.rvrvr A-o,o.nn..Ivo. PACE SM6
When Moving Out
37. MOVE-OUT NOTICE. 13- ore-uming out.you must Rive efdr or limit us regardingdeductionc for repairs,damages,or charges.Any
representative advance wristatements or estimate by its or our representative are subject to our _
Your move-out notice will not release you from liability for the full correction, modification, or disapproval before final refunding or
term of the Lease Contract or renewal term.You will still be liable for accounting.
the entire lease term i f you move oul ca rl y(paragraph 22)except under
the military clause(paragra ph 11).YOUR MOVE-OUT NOTICE MUST 41. OTHER CHARGES. You'll be liable for the following charges,if
COMPLY WITH EACsIOr11IEFOLLOWING: applicable:unpaid rent;unpaidutilities;unreimbursedservice charges;
• Your move-out notice must he in writing.Oral move-out notice damages orrepairs(beyond reasonable wear);replacement cost ofour
will notbeaccepted and will not terminatevour Lease Contract. Property that was in or attached to the apartment and is missing;
replacing dead or missing smoke-detector batteries;utilities for repairs -
• Your move-nut notirr cannot terminate the Lease Contract or cleaning;trips to let in company representatives to remove your
sooner than the end of the(rase term or renewal period. telephone or TV cable services or rental items(if you so requestor have
• The move-out(late in_%our notice Irhet k el"I I must be the last moved out);trips to open apartment when you or any guest or
day of the month orQ n+ay bo the exact day designated in your occupant ismisninga key;key du plica ten;un returned keys;missingor
notice.if/neither is cho ked,the cr-rid applirc.l bu med-out bu lbs;stickers,scratches,bums,stains,or una pproved
• We must receive vour_n w �pst 30 days befQr� holes;removing or rekeying unauthorized security devices or alarm
»g(lut-Iiea
systems; a reed reletting charges;packinP removing,or storing date However,if we receive your notice on the
first,it will suffice for move-out on the last day of the month, Property removed or stored under paragraph 13;removing illegally
provided that all other rn)uiromrntc nth+ve are metparked vehicles;special trips for trash removal caused by parked
vehicle`s blckingdumpsters:false-security-alarn+charges unless due
YOUR NOTICE IS NOT A((FI'TAM F IT IT I)1FS NO r cmtri_t h)our negligence;pet-related charges under paragraphs 6 and 27,
WITHALLOFTHEABOVF Use our(vrittenmove-out form.lfvou government fees or fines againslusfor you,your occupant's orguest's
don't, you must obtain fron+ our representative written not recycling;late-payment and retumed-check charges;acharge(not
acknowledgment that moor-out notirr has brrn recei(ral If,ve toexcmi$1 0)for ouror our representative's timeand inconvenience
terminate the Lca%eContra,1.wrmustgivovouthe camradvauce in lawfully removinga petor inany valid eviction proceeding against
notice-unless you nre in defau lt. you,plus attorney's fees,court costs,and filing fees actually paid;and
other sums due under this Lease Contract.
38. MOVE-OUT PROCEDURES. Thr.Hoyt-out date can't Ir changed
unlessweandyou both agree inwriting.You%von'tmoveout before the Under the following circumstances,we'll charge a fee!(Difyoudon't
I easeContnct term orrene(val period endsunhssall rent for the entire return all keys oil or before your actual move-out date;(2)if refit has
Lease Contract term or renewal f+eriocl is paid in full. Early move-out been accelerated under paragraph 32;or(3)if you're judicially evicted
may result in reletting charges and acceleration of future rent under or move out upon our demand because you've defaulted.
paragraphs I I and 32.Before movmgout you must payall rent through
IheendoftheLeaseContractterm orrcncwalperiod.You're Prohibited 42. DEPOSIT RETURN;SURRENDER;ABANDONMENT.We'll mail _
by law from applying any security deposit to rent You,von't stay you your security-deposit refund (less lawful deductions)and an
1,e I the date you are upl—ed to muco.,..t.All recidenls,guests, itemized accounting of any deductions no later than 30 days after
and occupants must surrender thrapartment before the 10-dav period surrender or abandonment,unless statutes provide otherwise. You
fordeposl refund begins.You must gi,e nsend l he U S.Posta l Srry ire, s.nrrr.drrthe apartment(in the dateof the earlier of the following:(1)all
m(voicing,rash residrnt',lor,vanhog adJr,ss. kevshavvirrnturned in where rent is paid;or(D the move-out date has
passed and no resident or occupant is living in the apartment in our
19. CLEANING. You mutt III—n.ghly,Iran the apartment including rcasonablejudgment.Younhandon the apartment when:(1)everybody
doors, windows, furniture, bathnvnns, kitchen appliances, patios, appears to have moved out in our reasonable judgment;(2)clothes,
balconies,and storage ro(nns Ynu must follow move-out cleaning furniture,and personal belongings have been substantially removed
instructions if they havebeen provid(1. If you don't clean adequately, from the apartment;and(3)no one has been in the apartment for 5
you 11 be liable for reasonable cleaniog(Ill rges--includingchargesfor- consecutivedays while the rent is dueand unpaid.An apartment isalso
c leaningcarpeb,draperies,furninue.,valls,etc.thataresbiledbetfnt d abandoned 10 days after the death of a sole resident.Surrender or
normal wear(that I%,wear nr sr,iling Thal occurs without negligence, ibAAclonment ends your right of possession for all purposes and gives
carclessness,accidentorabuse). un the immediate right to:clean up,make repairs in,and relet the
apartment;determine any security deposit deductions;and remove
40. MOVE-OUT INSPECTION.You should meet withourrel+msrntative pmpertyleft iniReapartment.Surrenderorabnndonmentdoesn'taffect
fora move-out inspection,Our representative has noauthontvtohind our duty to give prorated credit for rent later received from others
during the remainder of your Lease Contract term or renewal period.
Stgnatures,dAA IRVAttachments
43. COPIES AND ATTACHMENTS. I hie I-e Cow-I has Iron Resident or Recidrnls(all sign holm,)
rxcruted in multiplecoples "ne for......mdoneornv,reforus \nv
of nor odes,s.c1, as comm.....;, 1,.4L n,'l-I n,nvr not.I.-.nunr,
inetruetinns,will I+e•ntta(hrJ h,the I rosr<untrarl end flie,n in soar al
signing. When an Inventors and l'nndhtinn form.c cnmldrtrd,bnlh
you and wr dun.ld main ., (nl,% I-hr items(perked brinw aro
attached to this I as ( 1
"1 Apt Rulrsnr(-onon.u,ilc l'nhr.r..J,urd
"l Inernloryklnndition Penn - --
"l Move-Out Cleaning Inctn.rhnnc..lah'(l ( wirrrorOroom's Reprrsentatirr(ci,Qrnn,Q orf Frlml/✓/nn•nrrl
-1 Notice of Intent b+Movr Oart Ponm
-1 Pei Agreement --
-1 Lrasc Contract Guarmity nr"l(;uarenlirc
i-1 Snhmetering Addrnd.nn(if v.hn,rtrn•d) .l ddrrss ou.dphonr rnnrdrrr of on•ari c rrpresndnfirr for aot pvrposrs
rs Asbestos Addenduo,(if"N"Ir,s is pW-11)
cl Access Gate Addendum,dated
-1 Alarm System Addendum,date) - - - - - - - - ----- -- ----
'I Mastermetered Utility Allocation(information)
-1 Repair or Service Request Fenn
-1 Parking Permit or Sticker(quantics: )
'1 Unit's Legal Description(for rental term longer than nor crar)
-1 Other
-1 Other _ -- -_ _ Name and address of laralorsemire(if applicable)
'1 Other
This is a binding legal docranent-Rend carefully before signing. - - - -- -------You nreentitled to a copy of this Lease Contract
when it's fully signed.
Keep it in a safe place.
Dale fonrn is filled out(moor as nor Ivp of fngr 1)
1, 1..nn , i,1 14' IZ.I(l, 11-1,1„1•,n);hl 1 .1...w,\ra r.n,,,,.Aasaw.al n.,.enc r—,bore Q
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
S. Termination of Tenancy by Apartment individual Ilecs; or
a. Requirements. Apartment may only (b) Violating a condition of
terminate the tenancy in accordance with the probation or parole under
Lease Contract and FEMA or HUD Federal or State law.
requirements. (3) Apartment may terminate the tenancy
b. Grounds. During the term of the Lease for criminal activity by a household
Contract (the initial term of the Lease member of tenant's Rental Unit in
Contract or any extension term), Apartment accordance with this section if
may only terminate the tenancy because of: Apartment determines that the
(1) Serious or repeated violation of the household member has committed the
Lease Contract; criminal activity, regardless of
(2) Violation of Federal, State, or local whether the household member has
law that imposes obligations on the been arrested or convicted for such
tenant in connection with the activity.
occupancy or use of the unit and the (4) Apartment may terminate the tenancy
premises; during the term of the Lease Contract
(3) Criminal activity or alcohol abuse (as if any member of the household has
provided in paragraph c);or engaged in abuse of alcohol that
(4) Other good cause (as provided in threatens the health, safety or right to
peaceful enjoyment of the premises Apartment may NOT collect a security deposit
by other residents. from the tenant.
d. Other good cause for termination of
tenancy. After the initial Lease Contract 13. Prohibition of Discrimination
term, such good cause includes: In accordance with applicable equal opportunity
(a) The tenant's failure to accept statutes, Executive Orders, and regulations,
Apartment's offer of a new Apartment must not discriminate against any
Lease Contract or revision; person because of race, color, religion, sex,
(b) Apartment's desire to use the national origin, familial status or disability in
unit for personal or family use connection with the Lease Contract.
or for a purpose other than use
as a residential rental unit; or 14. Conflict with Other Provisions of Lease
(c) A business or economic reason Contract
for termination of the tenancy a. The terms of the Tenancy Addendum are
(such as sale of the property, prescribed by City as a condition for
renovation of the unit, assistance to the tenant and tenant's family
Apartment's desire to rent the under the Program.
unit for a higher rent). b. In case of any conflict between the
e. Eviction by court action. Apartment may provisions of the Tenancy Addendum as
only evict the tenant by a court action. required by City, and any other provisions of
f. Apartment notice of grounds the Lease Contract or any other agreement
(l) 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
fany Apartment eviction notice at the 15. Changes in Lease Contract or Rent
same time Apartment notifies the a. The tenant and Apartment may not make
tenant. any change in the Tenancy Addendum.
(3) Eviction notice means a notice to However, if the tenant and Apartment agree
vacate, or a complaint or other initial to any other changes in the Lease Contract.
pleading used to begin an eviction such changes must be in writing, and
action under State or local law. Apartment must immediately give City a
copy of such changes. The Lease Contract.
9, Lease: Relation to Agreement including any changes, must be in
If the Agreement terminates for any reason, the accordance with the requirements of the
Lease Contract terminates automatically. Tenancy Addendum.
b. In the following cases, tenant-based
10. City Termination of Assistance assistance shall not be continued unless City
City may terminate Program assistance for the has approved a new tenancy in accordance
tenant for any grounds authorized in accordance with Program requirements:
With the Agreement requirements. If City (1) If there are any changes in Lease
terminates Program assistance for the tenant Contract requirements governing
and/or tenant's family, the Lease Contract tenant or Apartment responsibilities
terminates automatically. for utilities or appliances; or
(2) If there are any changes in Lease
11. Tenant Move Out Contract provisions governing the
The tenant must notify City and Apartment term of the Lease Contract.
before the occupants move out of the Rental c. City approval of the tenancy, and execution
Unit. of a new Agreement, are not required for
agreed changes in the Lease Contract other
12. Security Deposit than as specified in paragraph b.
d. Apartment must notify City of any changes redetermined by City in accordance with
in the amount of the rent to Apartment at HUD requirements.
least 35 days before any such changes go
into effect, and the amount of the rent to 16. Notices
Apartment following any such agreed Any notice under the Lease Contract by the
change may not exceed the reasonable rent tenant to Apartment or by Apartment to the
for the unit as most recently determined or tenant must be in writing.
TENANT(S)
APARTMENT