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HomeMy WebLinkAboutContract 33456 CITY SECRETAR CONTRACT NO. INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and VIET NGO d/b/a WILSHIRE WEST APARTMENTS 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 Viet Ngo d/b/a Wilshire West Apartments, ("Apartment"), whose address is 3064 Las Vegas Trail, Fort Worth, Texas 76116, acting by and through Viet Ngo, its duly authorized Owner and Manager. (Sometimes City and Apartment are referred to individually as a"Party"and collectively as the "Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Gulf Coast and the City of New Orleans, Louisiana as a result of the wide spread devastation and flooding following Hurricane Katrina's landfall in southern Louisiana, Mississippi and Alabama. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to providing interim shelter for those evacuees (hereinafter referred to as tenant or tenants)that City determines to place in Apartment and to provide assistance for tenants under the Katrina interim shelter program ("Program"). NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as follows: ARTICLE II LEASE OF RENTAL UNITS (a) This Agreement applies to the Rental Units specified in the attached Exhibit " t ."Rental 'b Units"). INTERIM SHELTER AGREEMENT Page 1 Revised 10/12/05 04-26-,1u (b) The lease form for the Rental Units shall be the Texas Apartment Association Lease Contract or such other lease contract as approved by the City. The lease contract used by Apartment is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all references in this Agreement to the Lease Contract, shall include the "Tenancy Addendum," attached as Exhibit "E." Apartment shall attach the Tenancy Addendum to all Lease Contracts prior to the execution of the Lease Contract by Apartment and tenant. (c) City has approved leasing of the Rental Units subject to a determination by the City of Fort Worth Housing Department inspections that the Rental Units meet City of Fort Worth Housing Department Minimum Acceptable Standards("MAS"). (d) Apartment will lease the Rental Units only to tenants approved for placement by City under the Program, unless notified in writing by City that a Rental Unit is no longer needed for the Program. (e) The initial term of the Lease Contract is three (3) months, with three (3) additional options to renew for terms of three (3) months each, unless earlier terminated as hereinafter provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract executed by tenant and Apartment for the renewal period. A tenant may terminate the Lease Contract with 30 days written notice to Apartment. (f) Apartment certifies that: (1) Apartment and the tenant will enter into a lease in the same form as the Lease Contract. (2) The Lease Contract is consistent with Federal, state and local law. (g) Apartment is responsible for screening the tenant's behavior or suitability for tenancy. City is not responsible for such screening. City has no liability or responsibility to Apartment or other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City acknowledges that Apartment may require tenant to sign a rental application and disclose certain background information, including criminal information, at the same time the tenant is allowed to take occupancy of the Rental Unit. If Apartment discovers that a tenant has submitted false information on the rental application or that tenant's criminal history is unacceptable according to Apartment's customary standards for lessees in unassisted units, Apartment may give the tenant one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior lease shall not be grounds for eviction. Apartment shall notify City promptly of the issuance of any notice to vacate and eviction of any tenant in any Rental Unit. (h) Apartment shall treat tenants under this Agreement in accordance with Apartment's customary practices and policies towards all of its other tenants. ARTICLE III MAINTENANCE,UTILITIES AND OTHER SERVICES (a) Apartment must maintain all Rental Units and the building or complex in which the Rental Unit is located, including common areas and grounds ("Premises") in accordance with the MAS. (b) Apartment must provide all utilities needed to comply with the MAS unless City has agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit "C." INTERIM SHELTER AGREEMENT Page 2 Revised 10/12/05 (c) If Apartment does not maintain the Rental Units and the Premises in accordance with the MAS, City may exercise any available remedies as set forth in this Agreement. City may not exercise such remedies against Apartment because of an MAS breach for which the tenant is responsible, and that is not caused by Apartment. (d) City or its agents may inspect the Rental Units and the Premises at such times as City determines necessary, to ensure that all Rental Units are in accordance with the MAS. (e) City must notify Apartment of any MAS defects shown by the inspection. (f) Apartment must provide all housing services as agreed to in the Lease Contract. ARTICLE IV TERM OF AGREEMENT (a) The term of this Agreement begins on the date of countersignature by City, and terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract entered into pursuant to this Agreement, whichever come first. (b) Termination DurinE Initial Term of Lease Contracts. If Apartment breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Rental Unit, City may terminate this Agreement as to any Rental Unit or as to all Rental Units, in its sole discretion. Prior to termination of this Agreement, City may give Apartment opportunity to cure said breach as set forth in Article VIII(b). (c) Termination Durin! Any Renewal Term of Lease Contracts. During any renewal term of any Lease Contract executed by Apartment and tenant under this Program for any of the Rental Units,this Agreement may terminate as follows: 1. The Agreement terminates automatically as to each Lease Contract that is terminated by Apartment or the tenant. 2. City may terminate Program assistance for a tenant for any grounds authorized in accordance with U.S. Department of Housing and Urban Development ("HUD") or FEMA requirements upon written notice to Apartment. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to that Lease Contract. Apartment must notify City in writing of the vacancy as soon as Apartment knows of it. 4. City may terminate the Agreement if City determines, in accordance with FEMA and/or HUD requirements, that available Program funding is not sufficient to support continued assistance for tenants in the Program. 5. City may terminate the Agreement as to any Rental Unit if City determines that the Rental Unit in question does not provide adequate space in accordance with the MAS because of an increase in tenant's family size or a change in tenant's family composition. 6. If the composition of the tenant's family residing in the Rental Unit changes, City may terminate the Agreement as to that Rental Unit, or may continue Program INTERIM SHELTER AGREEMENT Pae 3 payments on behalf of tenant's family members who remain in the Rental Unit. 7. City may terminate the Agreement as to that Rental Unit if City determines that the Rental Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Apartment has otherwise breached the Agreement. (d) If City or a tenant terminates a Lease Contract under this Agreement during the initial three (3) month term for any reason not Apartment's responsibility, City shall pay Apartment Rent, as hereinafter defined, on the Rental Unit for the remainder of the initial term, minus any days for which Rent has already been paid. (e) If for any reason Program assistance is terminated, Apartment shall have the right to terminate this Agreement and/or tenant's right to possession of any Rental Unit not being paid for by City. ARTICLE V RENT (a) All rent rates are as outlined in the attached Exhibit "B" ("Rent"). (b) City must determine whether the Rent to Apartment is reasonable in comparison to rent for other comparable unassisted units. To make this determination, City must consider: 1. The location, quality, size, unit type, and age of the Rental Units; and 2. Any amenities, housing services, maintenance and utilities provided and paid by Apartment. (c) During the Agreement term, the Rent may not exceed rent charged by Apartment for comparable unassisted units in the Premises. Apartment must promptly give City any information requested by City on rents charged by Apartment for other units in the Premises or elsewhere. ARTICLE VI CITY PAYMENT TO APARTMENT (a) Program Payments 1. City has allocated no money under this Agreement to make Program payments to Apartment. City will pay Rent pursuant to invoices issued to City by Apartment for Lease Contracts for all Rental Units covered by this Agreement. Apartment will take all necessary steps to become a vendor for the City and will issue an invoice to City once a month no later than the twenty-fllfth 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 pa, a Program payment to Apartment for any month after the month when the tenant moves out. (b) Unless Apartment has complied with all provisions of the Agreement, ApaitHIVIlL; INTERIM SHELTER AGREEMENT Page 4 Re .J( 15 not have a right to receive Program payments under the Agreement. (c) The Program payments shall be credited against the monthly Rent to Apartment for the Rental Unit. (d) Limit of CITY responsibility. 1. City is only responsible for Program payments to Apartment in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Apartment in excess of the Program payment. City shall not pay any other claim by Apartment against the tenant. 3. City shall be liable to Apartment for damages by tenant in an amount up to but no more than $300.00, which Apartment shall accept as liquidated damages from City. Apartment may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (e) If City determines that it has paid Apartment more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Apartment. (f) Apartment Certification During the term of this Agreement, Apartment certifies that: 1. Apartment is maintaining the Rental Units and Premises in accordance with the MAS. 2. Rental Units are leased to the tenants under a Lease Contract in the form attached hereto, and said Lease Contract is in accordance with the Agreement and Program requirements. Apartment has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Apartment, Apartment has not received and will not receive any payments or other consideration (from the tenant, City, HUD, or any other public or private source) for lease of any Rental Unit during the Agreement term, or if Apartment does receive any such payments or other consideration, Apartment shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Rental Unit. 5. Apartment(including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the tenant's family, unless City has determined (and has notified Apartment and the tenant's family of such determination) that approving lease of the Rental Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. ARTICLE VII PROHIBITION OF DISCRIMINATION (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Apartment shall not discriminate against any person because of race, color, religion, sex, national origin, familial status, disability, or sexual orientation in connection with the Agreement. INTERIM SHELTER AGREEMENT Page 5 Revised 10/12/05 (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: I. 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. ARTICLE IX CITY ACCESS TO PREMISES AND APARTMENT'S RECORDS INTERIM SHELTER AGREEMENT Page 6 Revised 10/12/05 (a) Apartment must provide any information pertinent to the Agreement that City may reasonably require. (b) City, and its agents shall have full and free access to all Rental Units and the Premises, and to all accounts and other records of Apartment that are relevant to the Agreement, including the right to examine or audit the records and to make copies. (c) Apartment must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and must provide any information or assistance needed to access the records. (d) Apartment shall retain all records pertaining to this Agreement and the Lease Contract for four (4) years following the termination of this Agreement. Apartment may destroy said records at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain between City and FEMA regarding the Program payments. ARTICLE X EXCLUSION OF THIRD PARTY RIGHTS (a) A tenant is not a party to or third party beneficiary of this Agreement. The tenant may not enforce any provision of this Agreement, and may not exercise any right or remedy against Apartment or City under this Agreement. (b) City may enforce the Lease Contract against Apartment, and may exercise any right or remedy against Apartment under the Lease Contract. Apartment and the tenant may enforce the terms of the Lease Contract against each other according to its terms. (c) City does not assume any responsibility for injury to, or any liability to, any person injured as a result of Apartment's action or failure to act in connection with management of any Rental Unit or the Premises or with implementation of the Agreement, or as a result of any other action or failure to act by Apartment. (d) Apartment is not the agent of City, and the Agreement does not create or affect any relationship between City and any lender to Apartment or any suppliers, employees, contractors or subcontractors used by Apartment in connection with management of the Rental Units or the Premises or with implementation of the Agreement. ARTICLE XI PROHIBITION AGAINST INTEREST (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Apartment is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the provisions to be performed hereunder. (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 INTERIM SHELTER AGREEMENT Page 7 Revised 10/12/05 on behalf of Apartment, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Apartment shall render this Agreement voidable by City. ARTICLE XII ASSIGNMENT OF AGREEMENT (a) Apartment may not assign the Agreement without the prior written consent of City. (b) City may assign this Agreement to FEMA or HUD or any other state or federal agency without consent of Apartment. ARTICLE XIII WRITTEN NOTICES All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Agreement or at such other address as the receiving Party designates by proper notice to the sending Party. ARTICLE XIV ENTIRE AGREEMENT; INTERPRETATION The Agreement contains the entire agreement between Apartment and City. ARTICLE XV MISCELLANEOUS PROVISIONS (a) Apartment shall provide all reasonably necessary documentation requested by City to obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt of City's request. (b) Apartment waives all security deposits, applications fees, employment and credit checks for tenants under this Agreement; however, Apartment may require a tenant to provide information regarding tenant's criminal background history if Apartment customarily performs such checks. (c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter program change during the term of this Agreement, Apartment and City shall amend this Agreement to conform with such changes. Apartment may terminate this Agreement at no cost to City if it does not consent to the amendment. (d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. VL CV1; .1. INTERIM SHELTER AGREEMENT Page 8 Revis d 1( 42Q5 � ..Ji�iLJ-L� (e) City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. (f) Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Agreement, venue for action shall lie in Tarrant County,Texas. (g) This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be approved by each Party. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies,to be effective on October 1, 2005. [SIGNATURES APPEAR ON FOLLOWING PAGE] INTERIM SHELTER AGREEMENT Page 9 Revised 10112105 ATTEST: CITY OF F R H By: Marty Hendrix')City Secretary Joe ag a, ssI t City Manager APPROVED AS TO FORM AND NO M&C U-QUIRED LEGALITY: I i l l 1' ,�i�i`L Assistant City Attorney APARTMENT Viet Ngo d/b/a Wilshire W1 4:tl trtr+=fi s (;By: Viet Title: Owner and Manager INTERIM SHELTER AGREEMENT Page 10 1,evi$ fa� , ���_ EXHIBIT "A" RENTAL UNITS The Rental Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Zero Bedroom Rental Units (insert addresses below): One Bedroom Rental Units (,insert addresses below): 3-10ce Z-C�W� I-Y-� Two Bedroom Rental Units (insert addresses below Three Bedroom Rental Units (insert addresses below Based on the consideration given to Apartment by City in the form of Rent for all above- listed Rental Units, Apartment shall provide to City an additional space and shall not assess rent to City for the additional space. This space shall be used for the purposes of City's Interim Shelter Coordinator or site coordinator for meetings with tenants and providing other services to tenants. Description of additional space: EXHIBIT "B" RENT During the Agreement term, the rent to Apartment may at no time exceed the Fair Market Rent as set forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution of this Agreement, as follows: (1) $558.00 for a zero bedroom apartment; (2) $597.00 for a one bedroom apartment, (2) $732.00 for a two bedroom apartment,or (3) $995.00 for a three bedroom apartment. The rental schedule above is for an unfurnished apartment. EXHIBIT "C" UTILITIES AND APPLIANCES Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall provide or pay for the utilities and appliances indicated below by a"C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Apartment shall pay for all utilities and appliances provided by Apartment. Item Specify fuel type Provided by Paid by Heating G Natural gas G Bottle gas G Electric Cooking G Natural gas G Bottle gas G Electric Water Heating G Natural gas G Bottle gas G Electric �} Other Electric C Water Sewer Trash Collection Air Conditioning Refrigerator Range/Microwave Other(specify) CRY MC-3RARY R � ; 9 EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY APARTMENT WITH TENANTS SHALL BE ATTACHED] TEXAS APARTMENT ASSOCIATION Apartment Lease Contract Date of Lease Contract This is a binding contract.Read carefully before signing. (when this Lease Contract is filled out) �— Moving In—General Information 1. PARTIES.This Lease Contract is between you,the resident(s)(list all of$ plus a late charge of$ per day after that people signing the Lease Contract): date until paid in full.Daily late charges will not exceed 15 days for any single month's rent. You'll also pay a charge of$ for each returned check or rejected automatic electronic draft,plus initial and daily latedmrges fromduedateurtblwereceiveacceptablepayment.Ifyoudcet and us,the owner: payrentontime,you'llbedelinquentandall remedies understate lawand this Lease Contract will beauthorized.If you violate the animal restrictions (name of apartment community or title holder). You've agreed to rent of paragraph 27 or other animal Hiles,you'll pay an initial charge of Apartment No. .at $ per animal(not to exceed$100 per animal)and a daily (street address) charge of$ per animal(nottoexceed$10 perday peranimal) in (city) fromthedatethe animalwasbroughtintoyourapartmentuntilitisfinally Texas, (zip code)for use as a private removed.We'll also have all other remedies for such violation. residence only.The terms"you"and"your"refer to all residents listed 7. UTILITIES.We'll pay for the following items,if checked:O gas O water above.The terms"we,""us,"and"our"refer to the owner listed above O wastewater O electricity Otrash O cable TV O master antenna. and not to property managers or anyone else.Written notice to or from You'll pay for all other utilities,related deposits,and any charges,fees,or our managers constitutes notice to or from us.If anyone else has services on such utilities during your Lease Contract term.You must not guaranteed performance ofthisLeaseContract,a separate Lease Contract allow any utilities(other than cable TV)to be cut off or switched for Guaranty for each guarantor is attached. any reason—including disconnection for not paying yourbdls--rntilthe Lease Contract term or renewal period ends.If a utility is submetered or 2. OCCUPANTS.The apartment will be occupied only by you and(list prorated by an allocation formula,wewill attach an addendum to this Lease all other occupants not signing the Lease Contract): Contractin compliance with state agency rules or city ordinance.Ifa utility is individually metered,it must be connected inyour name and you must notify the utility provider of your move-out date so the meter can be timely read.Ifyou delaygettingitomwdoninyournamebyleasecommencement or cause it to be transferred back into our name before you surrender or No one else may occupy the apartment.Persons not listed above must abandontheunit you'll beliablefora$ charge(nottoexceed not stay in the apartment for more than_consecutive days $50),plusthe actualorestimated cost ofthe utilities usedwhiletheutility without our prior written consent,and no more than twice that many should have been connected in yourname.Ifyou are in an area open to days in any one month. If the previous space isn't filled in,tura days per competition and yourunitis individually metered,you may choose month is the limit. or changeyour retail electric provider at anytime.If you qualify,your provider willbe the same as ours,unless you chooseadifferentprovider. 3. LEASE TERM. The initial term of the Lease Contract begins If ou choose or change your provider,you must give us written notice. must pay all applicable provider fees,including any fees to change day of ear ce back into our name after you move out. andendsatmidnightthe day of (pearl.ThiaLeaseContractwillautomaticallyl�� CE Our insurance does not provide coveragefor your personal to-month unless either yes at least urgeyoutogetyour own insurancefor losses due to theft,fire, party g fSkA age,and the like.You intend to[check one]: notice oftermination or intent to move-out as required byparagraph37. of buy insurance to protect against such losses,or If the number of days isn't filled in,at least 3 req d ` m your own agent to cover such losses. 4. SECURITY DEPOSIT.The total securi 634T en ledge thatyou will nothave insurancecoverage. $_due onorbefore the date this lease Contract issigned.This g, SECURITY DEVICES.What We MustProvide.Texas law requires,with . amount[check one]:O doesor 0 does not include an animal deposit. 11 l i Erne excetions that we must provide at no cost.oyouwhen occupancy animal deposit will be stated in an animal addendum.See paragr w +Y= s±e$i*+s'(1)a window latch oneach window(2)a duorviewer(peephole 41 and 42 for security deposit return information. on each exterior door;(3)a pm lock on each sliding door;(4)either a door handle latch or a security bar on each sliding door(5)a keyless bolting 5. KEYS AND FURNITURE. You win beprovided apartment device(deadbolt)on each exterior door;and(6)either a keyed doorknob lock or a keyed deadbolt lock on one entry door Keyed lock(s)will be key(s), mailbox key(s),and other access devices for rekeyedafterthepriorresidentmovesout Therekey ngwillbedoneeither Any resident,occupant,or spouse who, before you move in or within 7 da s after you move in as required by according to a remaining resident's affidavit,has permanently moved statute If we fail to install or rekey security devices as required by the outorisunder courtordertonotenter the apartment,is(atouroption)no PropgMCode—youhavetherighttodosoand deduct the reasonable cos t longer entitled to occupancy, keys,or other access devices.Your from your next rent payment under section 92.165(11)ofthe Code. apartment will be(check one]:O furnished or Cl unfurnished. What You Are Now Requesting. Subject to some limitations,under 6. RENT AND CHARGES. You will pay$ per month for Texas law you may at any time ask us to:(1)install one keyed deadbolt lock on an exterior door if it does not have one;(2)install a security bar rent,payable in advance and without demand[check one]: on a sliding glass door if it does not have one;and(3)change or-key Cl at the on-site manager's office,or locks or latches.We must comply with those requests,but you must pay Cl at for them.Subject tostatutory restrictions onwhat security devices you may request,you are now requesting us to install or change atyour expense: Prorated rent of$ is due for the remainder of[check one]: O 1st month or O 2nd month,on If no item is filled in,then you are requesting none at this time. (year).Otherwise,you must pay your rent on or before the 1st payment.We will pay for missing security devices that are required day ofenchmonth(due date)withnograceperiod.Cash is unacceptablewithout by statute.You will gay for (1)reke rj ing that you request(except our prior written penniSsion.You must not withhold oroffsetrent unless whenwefailedtorekeyaftertheprevious resident moved out)-and authorized by statute.We may,at our option,require at anytime that you (2)repairs or replacements due to misuse or damage by you or your pay all rent and other sums in cash,certified or cashiers check money fa 'y occu ants o�ests You mustpay immediately afterthework therthanmultiplechecks.Ifyoudon'tpay is done unless state statute authorizesadvancepayment.Youalsomust order,oronemonthly check ra allrentonorbeforethe day of the month andwehaven't pay for additional or changed security devices you request,in advance given noti ce to vacate before that date,you'll p ay an initial late charge or afterward,atouroption. M Special Provision6 and''What)[("Clauses, 10. SPECIAL PROVISIONS. The following or attached special 11. UNLAWFUL EARLY MOVE-OUT;RELETTING CHARGE.You'll provisions and any addenda or written rules furnished to you at or be liable for a reletting charge of$ _(not to exceed 85 before signing willbecomeapart ofthisl easeContractandwill supersede of the highest monthly rent during the Lease Contract term)if you: any conflicting provisions of this printed Lease Contract form. (1) fail to move in,or fail to give written move-out notice as required in paragraphs 23 or 37;or (2) move out without paying rent in full for the entire Lease Contract term or renewal period;or (3) move out at our demand because of your default;or (4) are judicially evicted. — The reletting charge is not a cancellationfir and does not release you from your — obligations under this Lease Contract See the first paragraph of page 2, YOM InrnAts: .INmArS or OuR RPPa®avrAnye: APAarmer Leese Cormeer C 2003,TexAs APARIMFNr Assoawnon,Inc A PAGE I OF 6 �� MONO EXHIBIT "E" TENANCY ADDENDUM 1. KATRINA Interim Shelter Program Contract or transfer the unit. a. Apartment is leasing the unit ("Rental Unit') as described in the lease to which this 4. Rent to Apartment addendum is attached ("Lease Contract") to a. The initial rent to Apartment may not the tenant for occupancy by the tenant's exceed the amount approved by City in family with funding for a tenancy under the accordance with Program requirements. Katrina interim shelter program ("Program") b. Changes in the rent for any Rental Unit shall of the City of Fort Worth, Texas("City"). be determined by the provisions of the Lease b. Apartment has entered into an Interim Contract. However, Apartment may not Shelter Agreement ("Agreement") with City raise the rent during the initial term or any for the Program. Under the Agreement, City renewal term of the Lease Contract. will make Program payments to Apartment to assist the tenant in leasing the Rental Unit 5. Tenant Payment to Apartment from Apartment. a. Each month, City will make a Program payment to Apartment on behalf of tenant in 2. Lease accordance with the Agreement. The a. Apartment will give City a copy of the monthly Program payment shall be applied executed Lease Contract, including any to the monthly rent to Apartment for the revisions agreed by Apartment and the Rental Unit. tenant. Apartment certifies that the terms of c. The tenant is not responsible for paying the the Lease Contract are in accordance with portion of rent to Apartment covered by City all provisions of the Agreement and that the Program payment under the Agreement Lease Contract includes this tenancy between Apartment and City. An uncured addendum. failure by City to pay the Program payment b. The tenant and Apartment shall have the to Apartment is ground for Apartment to right to enforce this Tenancy Addendum terminate the tenancy for nonpayment of against the other party. If there is any City Program payment, however, tenant conflict between the Tenancy Addendum shall not be obligated for any rent and any other provisions of the Lease deficiency. Contract, the language of the Tenancy d. Apartment may not charge or accept, from Addendum shall control. the tenant or from any other source, any payment for rent of the Rental Unit in 3. Use of Rental Unit addition to the rent amount set forth in the a. During the Lease Contract term, the tenant Lease Contract. Rent to Apartment includes will reside in the Rental Unit with Program all housing services, maintenance, utilities payments from City. and appliances to be provided and paid by b. The composition of the tenant's household Apartment in accordance with the Lease must be approved by City. The tenant must Contract. promptly inform City of the birth, adoption or court-awarded custody of a child by tenant or any person residing in tenant's 6. Other Fees and Charges Rental Unit. Other persons may not be a. Rent to Apartment does not include cost of added to the household without prior written any meals or supportive services or furniture approval of Apartment and City. which may be provided by Apartment. c. The Rental Unit may only be used for b. Apartment may not require the tenant or residence by the tenant's family. The unit tenant's family members to pay charges for must be the family of tenant's only any meals or supportive services or furniture residence. Members of the household may (if any), which are to be provided by engage in legal profitmaking activities to the Apartment pursuant to the Lease Contract. extent permitted in the Lease Contract. Nonpayment of any such charges is not d. The tenant may not sublease or let the unit. grounds for termination of tenancy. e. The tenant may not assign the Lease c. Apartment may not charge the tenant extra amounts for items customarily included in paragraph d). rent to Apartment in the locality,or provided c. Criminal activity or alcohol abuse. at no additional cost to unsubsidized tenants (1) Apartment may terminate the tenancy in the premises. during the term of the Lease Contract if any member of the tenant's 7. Maintenance, Utilities, and Other household, a guest or another person Services under a tenant's or resident's control a. Maintenance commits any of the following types of (1) Apartment must maintain the unit and criminal activity: premises in accordance with the MAS (a) Any criminal activity that (as defined in the Agreement). threatens the health or safety (2) Maintenance and replacement of, or the right to peaceful (including redecoration) must be in enjoyment of the premises by, accordance with the standard practice other residents (including for the building concerned as property management staff established by Apartment. residing on the premises); b. Utilities and appliances (b) Any criminal activity that (1) Apartment must provide all utilities threatens the health or safety needed to comply with the MAS. of, or the right to peaceful (2) Apartment is not responsible for a enjoyment of their residences breach of the MAS caused by the by, persons residing in the failure to: immediate vicinity of the (a) Pay for any utilities that are to premises; be paid by City. (c) Any violent criminal activity (b) Provide and maintain any on or near the premises; or appliances that are to be (d) Any drug-related criminal provided by or on behalf of the activity on or near the tenant. premises. (3) Tenant damage. Apartment is not (2) Apartment may terminate the tenancy responsible for a breach of the MAS during the term of the Lease Contract because of damages beyond normal if any member of the household is: wear and tear caused by any member (a) Fleeing to avoid prosecution, of the household or by a guest. or custody or confinement (4) Housing services. Apartment must after conviction, for a crime, or provide all housing services as agreed attempt to commit a crime, that to in the Lease Contract. is a felony under the laws of the place from which the 8. Termination of Tenancy by Apartment individual flees;or a. Requirements. Apartment may only (b) Violating a condition of terminate the tenancy in accordance with the probation or parole under Lease Contract and FEMA or HUD Federal or State law. requirements. (3) Apartment may terminate the tenancy b. Grounds. During the term of the Lease for criminal activity by a household Contract (the initial term of the Lease member of tenant's Rental Unit in Contract or any extension term), Apartment accordance with this section if may only terminate the tenancy because of: Apartment determines that the (1) Serious or repeated violation of the household member has committed the Lease Contract; criminal activity, regardless of (2) Violation of Federal, State, or local whether the household member has law that imposes obligations on the been arrested or convicted for such tenant in connection with the activity. occupancy or use of the unit and the (4) Apartment may terminate the tenancy premises; during the term of the Lease Contract (3) Criminal activity or alcohol abuse(as if any member of the household has provided in paragraph c);or engaged in abuse of alcohol that (4) Other good cause (as provided in threatens the health, safety or right to peaceful enjoyment of the premises Apartment may NOT collect a security deposit by other residents. from the tenant. d. Other good cause for termination of tenancy. After the initial Lease Contract 13. Prohibition of Discrimination term, such good cause includes: In accordance with applicable equal opportunity (a) The tenant's failure to accept statutes, Executive Orders, and regulations, Apartment's offer of a new Apartment must not discriminate against any Lease Contract or revision; person because of race, color, religion, sex, (b) Apartment's desire to use the national origin, familial status or disability in unit for personal or family use connection with the Lease Contract. or for a purpose other than use as a residential rental unit; or 14. Conflict with Other Provisions of Lease (c) A business or economic reason Contract for termination of the tenancy a. The terms of the Tenancy Addendum are (such as sale of the property, prescribed by City as a condition for renovation of the unit, assistance to the tenant and tenant's family Apartment's desire to rent the under the Program. unit for a higher rent). b. In case of any conflict between the e. Eviction by court action. Apartment may provisions of the Tenancy Addendum as only evict the tenant by a court action. required by City, and any other provisions of f. Apartment notice of grounds the Lease Contract or any other agreement (1) At or before the beginning of a court between Apartment and the tenant, the action to evict the tenant, Apartment requirements of this Tenancy Addendum must give the tenant a notice that shall control. specifies the grounds for termination c. In case of any conflict between the of tenancy. The notice may be provisions of the Agreement and the included in or combined with any Tenancy Addendum or Lease Contract, the Apartment eviction notice. Agreement shall control. (2) Apartment must give City a copy of any Apartment eviction notice at the 15. Changes in Lease Contract or Rent same time Apartment notifies the a. The tenant and Apartment may not make tenant. any change in the Tenancy Addendum. (3) Eviction notice means a notice to However, if the tenant and Apartment agree vacate, or a complaint or other initial to any other changes in the Lease Contract, pleading used to begin an eviction such changes must be in writing, and action under State or local law. Apartment must immediately give City a copy of such changes. The Lease Contract, 9. Lease: Relation to Agreement including any changes, must be in If the Agreement terminates for any reason, the accordance with the requirements of the Lease Contract terminates automatically. Tenancy Addendum. b. In the following cases, tenant-based 10. City Termination of Assistance assistance shall not be continued unless City City may terminate Program assistance for the has approved a new tenancy in accordance tenant for any grounds authorized in accordance with Program requirements: with the Agreement requirements. If City (1) If there are any changes in Lease terminates Program assistance for the tenant Contract requirements governing and/or tenant's family, the Lease Contract tenant or Apartment responsibilities terminates automatically. for utilities or appliances; or (2) If there are any changes in Lease 11. Tenant Move Out Contract provisions governing the The tenant must notify City and Apartment term of the Lease Contract. before the occupants move out of the Rental c. City approval of the tenancy, and execution Unit. of a new Agreement, are not required for agreed changes in the Lease Contract other 12. Security Deposit than as specified in paragraph b. d. Apartment must notify City of any changes redetermined by City in accordance with in the amount of the rent to Apartment at HUD requirements. least 35 days before any such changes go into effect, and the amount of the rent to 16. Notices Apartment following any such agreed Any notice under the Lease Contract by the change may not exceed the reasonable rent tenant to Apartment or by Apartment to the for the unit as most recently determined or tenant must be in writing. TENANT(S) APARTMENT