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HomeMy WebLinkAboutContract 32435 INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and DEEN FORT WORTH ASSOCIATES,LP dba THE RESIDENCES OF DIAMOND HILL 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 Deen Fort Worth Associates, LP dba The Residences of Diamond Hill ("Apartment"), whose address is 3601 Deen Road, Fort Worth, Texas 76106 (Apartment address), acting by and through Yvette Santiago, its duly authorized Regional 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 H LEASE OF RENTAL UNITS (a) This Agreement applies to the Rental Units specified in the attached Exhibit "A"" ("Rental Units"). ° , HOUSING ASSISTANCE PAYMENT AGREEMENT Page 1 R sa �� (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. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 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 (12) months thereafter or on the last day of the term of the last Lease Contract entered into pursuant to this Agreement,whichever come first. (b) Termination During Initial Term of Lease Contracts. If Apartment breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Rental Unit, City may terminate this Agreement as to any Rental Unit or as to all Rental Units, in its sole discretion. Prior to termination of this Agreement, City may give Apartment opportunity to cure said breach as set forth in Article VIII(b). (c) Termination During Any Renewal Term of Lease Contracts. During any renewal term of any Lease Contract executed by Apartment and tenant under this Program for any of the Rental Units,this Agreement may terminate as follows: 1. The Agreement terminates automatically as to each Lease Contract that is terminated by Apartment or the tenant. 2. City may terminate Program assistance for a tenant for any grounds authorized in accordance with U.S. Department of Housing and Urban Development ("HUD") or FEMA requirements upon written notice to Apartment. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to that Lease Contract. Apartment must notify City in writing of the vacancy as soon as Apartment knows of it. 4. City may terminate the Agreement if City determines, in accordance with FEMA and/or 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 tt's-- family composition. ,; i��w�Gll �! �'��,O' HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 Revise r 9/ D `9"J U�J1y Two 6. If the composition of the tenant's family residing in the Rental Unit changes, City may terminate the Agreement as to that Rental Unit, or may continue Program payments on behalf of tenant's family members who remain in the Rental Unit. 7. City may terminate the Agreement as to that Rental Unit if City determines that the Rental Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Apartment has otherwise breached the Agreement. (d) If City or a tenant terminates a Lease Contract under this Agreement during the initial three (3) month term for any reason not Apartment's responsibility, City shall pay Apartment Rent, as hereinafter defined, on the Rental Unit for the remainder of the initial term, minus any days for which Rent has already been paid. (e) If for any reason Program assistance is terminated, Apartment shall have the right to terminate this Agreement and/or tenant's right to possession of any Rental Unit not being paid for by City. ARTICLE V RENT (a) All rent rates are as outlined in the attached Exhibit "B" ("Rent"). (b) City must determine whether the Rent to Apartment is reasonable in comparison to rent for other comparable unassisted units. To make this determination, City must consider: I. 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 Page 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. 1. City is only responsible for Program payments to Apartment in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Apartment in excess of the Program payment. City shall not pay any other claim by Apartment against the tenant. 3. City shall be liable to Apartment for damages by tenant in an amount up to but no more than $300.00, which Apartment shall accept as liquidated damages from City. Apartment may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (f) If City determines that it has paid Apartment more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Apartment. (g) Apartment Certification During the term of this Agreement, Apartment certifies that: 1. Apartment is maintaining the Rental Units and Premises in accordance with the MAS. 2. Rental Units are leased to the tenants under a Lease Contract in the form attached hereto, and said Lease Contract is in accordance with the Agreement and Program requirements. Apartment has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Apartment, Apartment has not received and will not receive any payments or other consideration (from the tenant, City, HUD, or any other public or private source) for lease of any Rental Unit during the Agreement term, or if Apartment does receive any such payments or other consideration, Apartment shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Rental Unit. 5. Apartment(including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the tenant's family, unless City has determined(and has notified Apartment and the tenant's family of such determination) that approving lease of the Rental Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. ARTICLE VII PROHIBITION OF DISCRIMINATION IL:l�1�p�J Jay',i Jv 5 pV V il4l�l INIII`'I "�ICp'I'�+�II!2'`ryPli HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 (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: 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. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9115/05 ARTICLE IX CITY ACCESS TO PREMISES AND APARTMENT'S RECORDS (a) Apartment must provide any information pertinent to the Agreement that City may reasonably require. (b) City, and its agents shall have full and free access to all Rental Units and the Premises, and to all accounts and other records of Apartment that are relevant to the Agreement, including the right to examine or audit the records and to make copies. (c) Apartment must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and must provide any information or assistance needed to access the records. (d) Apartment shall retain all records pertaining to this Agreement and the Lease Contract for four (4) years following the termination of this Agreement. Apartment may destroy said records at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain between City and FEMA regarding the Program payments. ARTICLE X EXCLUSION OF THIRD PARTY RIGHTS (a) A tenant is not a party to or third party beneficiary of this Agreement.The tenant may not enforce any provision of this Agreement, and may not exercise any right or remedy against Apartment or City under this Agreement. (b) City may enforce the Lease Contract against Apartment, and may exercise any right or remedy against Apartment under the Lease Contract. Apartment and the tenant may enforce the terms of the Lease Contract against each other according to its terms. (c) City does not assume any responsibility for injury to, or any liability to, any person injured as a result of Apartment's action or failure to act in connection with management of any Rental Unit or the Premises or with implementation of the Agreement, or as a result of any other action or failure to act by Apartment. (d) Apartment is not the agent of City, and the Agreement does not create or affect any relationship between City and any lender to Apartment or any suppliers, employees, contractors or subcontractors used by Apartment in connection with management of the Rental Units or the Premises or with implementation of the Agreement. ARTICLE XI PROHIBITION AGAINST INTEREST (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Apartment is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the provisions to be performed hereunder. iCJTV HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 Re 'sedrW1 j.fl,���j 7 1Io L:'�V ItiU7Y' Uu�1a (b) No member, officer, or employee of Apartment shall have a financial interest, direct or indirect, in this Agreement or the Rent or Program payments transferred hereunder or be financially interested, directly or indirectly, in the sale to Apartment of any land, materials, supplies or services purchased with any Rent or Program payments transferred hereunder, except on behalf of Apartment, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Apartment shall render this Agreement voidable by City. ARTICLE XII ASSIGNMENT OF AGREEMENT (a) Apartment may not assign the Agreement without the prior written consent of City. (b) City may assign this Agreement to FEMA or HUD or any other state or federal agency without consent of Apartment. ARTICLE XIII WRITTEN NOTICES All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Agreement or at such other address as the receiving Party designates by proper notice to the sending Party. ARTICLE XIV ENTIRE AGREEMENT; INTERPRETATION The Agreement contains the entire agreement between Apartment and City. ARTICLE XV MISCELLANEOUS PROVISIONS (a) Apartment shall provide all reasonably necessary documentation requested by City to obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt of City's request. (b) Apartment waives all security deposits, applications fees, employment and credit checks for tenants under this Agreement; however, Apartment may require a tenant to provide information regarding tenant's criminal background history if Apartment customarily performs such checks. (c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter program change during the term of this Agreement, Apartment and City shall amend this Agreement to conform with such changes. Apartment may terminate this Agreement at no cost to City if it does not consent to the amendment. (d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/05 invalidity shall not affect other provisions which can be given effect without the invalid provision. (e) City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. (f) Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Agreement,venue for action shall lie in Tarrant County,Texas. (g) This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be approved by each Party. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies, on the date or dates indicated below. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05 ATTEST: CITY OF FO T OR By: Marty Hendrix, ity Secretary Joe Pani OuaS i-) C t ity Manager Date: APPROVED AS TO FORM AND LE LITY: ssistant City A6y E�ii� APARTMENT DEEN FORT WORTH ASSOCIATES,LP dba THE RESIDENCES OF DIAMOND HILL By: lil— Name: Ye e antra o Title: ional Manner Date: 2 I_n HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Revised 9/1�/OS, `!r � 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): a Rental, Units .« as«� T.�l �. Ftwor Two Bedroom Renta U��,ts (insert addresses ell-W). 3y0 TF OVL10TirlC- Brea a sf 2a2 1'c-.a- t� �b10 -5-a-9 T�rr°� Comer 14 3501 Vt"trra Tf-0.i l # l�iG2 F t-wo Com. 't f 7li1bb -[cCr r� Cc" -� 3` 0l 3sn Ttrr-r4tkoo l �Twar 'Irt-�b10(o 3504 �T T- 3 599S T, r,-Tra.�( 1$61 FT,,�o[�G• tf 11c10(, ��lb(a 3(sa9 -r-1 rra Tani(# Zgo2 'l to lv�p 3(A[3 Tccr� Trait#2clal FT wac(k,Tf"1(<(0(c Three Bedroom Rental Units (insert addresses below 3(p1by 'TcrTq Ccv.4- 'zq 3365- F7: L..,c r4f, TTI -700(Q Based on the consideration given to Apartment by City in the form of Rent for all above- listed Rental Units, Apartment shall provide to City an additional space and shall not assess rent to City for the additional space. This space shall be used for the purposes of City's Interim Shelter Coordinator or site coordinator for meetings with tenants and providing other services to tenants. Description of additional space: d- -Wad$-e o n Pcc o Qr - y .n �,j 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. !'A' EXHIBIT "C" UTILITIES AND APPLIANCES Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall provide or pay for the utilities and appliances indicated below by a"C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Apartment shall pay for all utilities and appliances provided by Apartment. Item Specify fuel�y e rovided by Paid by Heating G Natural gas G Bottle gas W Electric Cooking G Natural gas G Bottle gas G Electric A Water Heating G Natural gas G Bottle gas G Electric Other Electric Water Sewer Trash Collection Air Conditioning Refrigerator f�f Range/Microwave $ Other(specify) 3.r;I EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY APARTMENT WITH TENANTS SHALL BE ATTACHED] NuRock Management, Inc. THE RESIDENCES OF DIAMOND HILL LEASE CONTRACT 1. THIS LEASE AGREEMENT (the "Lease" or "Agreement") is made this 20`h day of September, 2005 (the "Effective Date"), by and between Deen-Fort Worth Associates, LP (d/b/a The Residences of Diamond Hill Apartments) whose address for service is 3601 Deen Road, Fort Worth, Texas 76106 (hereinunder referred to as "Owner") who, is authorized to enter into this agreement, to manage the apartment community known as The Residences of Diamond Hill Apartments, to accept service of process, and to act in its own name for and on behalf of any owner thereof, and John Doe (hereinafter referred to as "Resident", whether one or more). 2. Demise. In consideration of the payment by Resident of the rental payments required to be paid hereunder as and when the same shall become due and the performance of all other covenants and conditions to be kept, performed and observed by Resident under this Lease, the Security Deposit Agreement, the House Rules and Regulations (hereinafter referred to as the "Code of Conduct") and all attached addendums executed simultaneously herewith, Owner hereby demises and leases the following premises to Resident: Apartment Number 123 (Unfurnished) located at 2222 brook In, Fort Worth, Texas 76106, in The Residences of Diamond Hill apartment community (the "Apartment Community") together with the furniture, furnishings and personal property contained therein. 2. Term. The term of this lease shall commence on the effective date and shall expire on August 31" , 2006. If actual commencement of occupancy of the premises is delayed because of construction or the holding over of a prior tenant, Owner shall not be liable to Resident in any respect for such delay, and this Lease shall remain in force, subject to the following: (1) the rent shall be abated on a daily basis during such delay, and (2) Resident may terminate this Lease by giving notice in writing to Owner no later than the third day of such delay, whereupon Resident shall be entitled only to a refund of Resident's security deposit. Such conditions shall not apply to cleaning or repair delays. 3. Rent. Resident agrees to pay Owner the sum of$732.00 per month as Rental. The Rental reserved hereunder shall be payable in advance, without offset, deduction or demand, on or before the first day of each month during the term of this Lease and will be deemed late if paid after this date. THIS IS OF THE ESSENCE. Rent shall be payable at the office of the above described Apartment Complex Office or at such other place as Owner may at any time or time to time designate in writing to Resident. 6/03 Page 1 of 10 C.1.3.1 Rent must be made in full by cashier's check, money order even if there is more than one resident. PARTIAL PAYMENTS ARE NOT ACCEPTED. PAYMENTS MAY NOT BE MADE IN CASH OR PERSONAL CHECK. OWNER WILL NOT BE RESPONSIBLE FOR CASH PAYMENTS. 5. Charges for late payments. If the Resident does not pay the full amount of the rent by the end of the 3rd day of the month, Owner may collect a late charge of $25.00. Thereafter, Owner may collect $5.00 for each additional day the rent remains unpaid. We reserve the right to refuse payment as provided by Texas Statute. Resident expressly agrees that all payments will first be applied to oldest outstanding balance, if any. Payment Plan: If Resident has entered into a Rental Payment Plan with Owner, the terms of that Plan shall be incorporated into this Lease. 6. Condition of Apartment. By signing this Agreement, the Resident acknowledges that the apartment is safe, clean and in good condition. The Resident agrees that all appliances and equipment in the apartment are in good working order, except as described on the move-in portion of the Unit Inspection Report which is hereby made a part of this Lease Agreement. The Resident also agrees that Owner has made no promises to decorate, alter, repair or improve the apartment, except as listed on the Unit Inspection Report. 7. Use and Occupancy of Premises. The premises shall be used by Resident only as a private residence. The premises will be occupied only by: (List all adults & children) John Doe 8. Move-In Date. The proposed move-in date shall be the effective date. Rental shall be due from that date until the end of the month in the sum of$732.00. Resident's possession of the premises shall start on the move-in date. The fact that the Resident may occupy the premises prior to the term of this Lease shall in no way affect the terms of this Lease. Performance of all obligations, covenants and conditions shall be due from both Owner and Resident as of the move-in date. 9. Utilities. Owner agrees, at Apartment Complex's expense, to furnish the following utility services to premises: 1. Water and Sewer 2. Garbage Collection Each utility service not provided at the expense of Apartment Complex (i.e. not noted above) shall be provided at Resident's expense on a separate metering and/or utility billing basis either directly from the utility provider or on a submetering, square footage or other billing basis by Owner. Resident agrees to pay all utility charges (including utility deposits) assessed by utility companies (or Owner in the case of utilities billed to Resident by Owner) 6/03 Page 2 of 10 C.1.3.2 in connection with the use of all utility services provided to the premises which are separately metered and/or billed to Resident during the term of this Lease, as such term may be extended, or the period of occupancy of the premises by the Resident, whichever is longer. Furthermore, if the Resident fails to pay all utility charges assessed by utility companies in connection with the use of utility services for which Resident has herein agreed to pay, and Owner or Apartment Complex is assessed by utility company for these utility services, then Owner may pay these utility assessments to such utility company and subtract a like amount of rent (or in the event Resident becomes delinquent in the payment of utility charges which are billed to Resident by Owner), Owner may, unless prohibited by law, or not less than twenty-four (24) hours prior notice, cause any utility services to the premises which are included within the rent (or which are covered by the unpaid utility billings) to be terminated, without liability of any kind or nature to Resident. 10. Security Deposit. Resident agrees to deposit $ with Owner as security for Resident's fulfillment of the conditions of this Agreement. The security deposit is deposited with Bank Of America in a non-interest bearing account designated as the security escrow trust account, Account number 4003253200549. After Resident has moved from the apartment, Owner will determine whether the Resident is eligible for a refund of any or all of the security deposit. The amount will be determined in accordance with applicable state law and the following conditions and procedures: a. The Resident will be eligible for a refund of the security deposit only if the Resident provided Owner with the 30-day written notice of intent to move required by paragraph 20(a) of this Agreement. This notice must be given on or before the first day of the month prior to the month the Resident intends to vacate. b. After the Resident has moved from the apartment and within the time period required under applicable state law, Owner will inspect the apartment and complete the move-out portion of the Unit Inspection Report. Owner will permit the Resident to participate in the inspection, if Resident so requests or to separately inspect the apartment as permitted under applicable state law. c. Owner will refund to the Resident the amount of the security deposit less any amount needed to pay the cost of: (1) Unpaid rent; (2) Damages that are not due to normal wear and tear and are not listed on the move-in portion of the Unit Inspection Report; (3) Charges for late payment of rent, as described in paragraph 3; and (4) Charges for unreturned keys, as described in paragraph 11. d. Owner agrees to refund the amount computed in paragraph l Oc within 30 days after the Resident has permanently moved out of the apartment, returned possession of the apartment to Owner, and given his/her new address to Owner. Owner will also give the Resident a written list of charges that were subtracted from the deposit. Owner shall mail the payment and accompanying statement to the last known address of the Resident by first class mail. 6/03 Page 3 of 10 ' 6%7I: s!'U 1VC1 TY 17 e. If the apartment is leased to more than one person, the Residents agree that they will work out the details of dividing any refund among themselves. Owner may pay the refund to any Resident identified in paragraph 1 of this Agreement. f. The Resident understands that Owner will not count the Security Deposit towards last month's rent or towards repair charges owned by the Resident in accordance with paragraph 12. 11. Keys and Locks. The Resident agrees not to install additional or different locks or gates on any doors or windows of the apartment without written permission of Owner. If Owner approved the Resident's request to install such locks, the Resident agrees to provide Owner with a key for each lock. When this Agreement ends, the Resident agrees to return all keys to the apartment, including gated entranceway keycards to Owner. Owner may charge the Resident $25.00 for each key and keycard not returned. Resident acknowledges the receipt of 2 apartment keys and 1 gated cardkeys. 12. Maintenance: a. Owner agrees to: (1) Regularly clean all common areas of the community; (2) Maintain the common areas and facilities in a safe condition; (3) Maintain all equipment and appliances in safe and working order; (4) Make necessary repairs with reasonable promptness; (5) Provide extermination services as necessary; and (6) Maintain grounds and shrubs. b. The Resident agrees to: (1) Keep the apartment clean; (2) Use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) Not litter the grounds or common areas of the community; (4) Not destroy, deface, damage or remove any part of the unit, common areas, or apartment grounds; (5) Give Owner prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; (6) Remove garbage and other waste from the apartment in a clean and safe manner; and (7) Deposit all garbage and other waste in compactor or area as designated by Owner. 13. Damages. Whenever damage is caused by carelessness, misuse, or neglect on the part of the Resident, its Household members or its guests,the Residents agrees to pay: a. The cost of all repairs and to do so within 5 days after the receipt of Owner's demand for the repair charges; and b. Rent for the period the unit is damaged whether or not the apartment is habitable. 6/03 Page 4 of 10 JG' •':s :o U Certain specific charges shall be posted in the onsite office or other areas of the community. 14. Restrictions on Alterations. The Resident agrees not to do any of the following without first obtaining Owner's written permission: a. Change or remove any part of the appliances, fixtures or equipment in the apartment; b. Paint or install wallpaper, contact paper or mirror tiles in the apartment; c. Attach awnings or window guards in the apartment; d. Attach or place any fixtures, signs, or fences on the building(s), the common areas, or the project grounds; e. Attach any shelves, screen doors, or other permanent improvements in the apartment; f. Install washing machines, dryers, fans, heaters or air conditioners in the apartment; or g. Place any aerials, antennas or other electrical connections on the apartment. 15. General Restrictions. The Resident must live in the apartment and the apartment must be the Resident's only place of residence. The Resident shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Lease Agreement and attached Addendums. The Resident agrees to permit other individuals to reside in the apartment only after obtaining written approval of Owner. a. The Resident agrees not to: (1) Sublet or assign the apartment, or any part of the apartment; (2) Have pets or animals of any kind in the unit without the prior written permission of Owners; this does not prohibit the use by RESIDENT of a certified seeing eye or hearing animal where said use is a medical necessity as certified by a treating physician. (3) Make or permit noises or acts that disturb the rights and comfort of neighbors. The Resident agrees to keep the volume of any radio, phonograph, television or musical instrument at a level which will not disturb the neighbors, this includes and is not limited to automobile/truck radios, stereos, etc... while on the common grounds/parking lot areas. 16. Rules. The Resident agrees to obey the House Rules and the Resident's Code of Conduct which are attached as an Addendum to this Lease Agreement and executed by the Resident and all members of the Household. The Resident agrees to obey additional rules established after the effective date of this Agreement if: a. The rules are reasonably related to the safety, care and cleanliness of the building and the safety, comfort and convenience of the Residents. 17. Regularly Scheduled Recertifications. Every year around the 1 ST day of June Owner will request the Resident to report the income and composition of the Resident's household and to supply any other information required by Owner for the purposes of complying with the Internal Revenue Services ("IRS") rules and regulations and the guidelines established by the Texas Department of Housing & Community Affairs ("TDHCA") regarding Low Income Housing Tax Credit ("LIHTC") Compliance Rules and Regulations. The Resident agrees to provide accurate statements of this information and to do so by the date specified in Owner's request. Owner will verify the information supplied by the Resident and use the verified information for LIHTC compliance purposes. 6/03 Page 5 of 10 C.1.3.5 a. If the Resident does not submit the required recertification information required by Owner, Owner may immediately terminate this Lease Agreement without further liability. 18. Access of Owner. Owner agrees to enter the apartment during reasonable hours, and to provide reasonable advance notice of its intent to enter the apartment, except when emergency situations make such notice impossible or under paragraph(c) below. a. The Resident agrees to permit Owner, his/her agents or other persons, when authorized by Owner, to enter the apartment for the purpose of making reasonable repairs and improvements and periodic inspections. b. The Resident agrees to permit Owner, his/her agents or other persons, when authorized by Owner, to enter the apartment for the purpose of making periodic housekeeping inspections. c. After the Resident has given notice of intent to move, the Resident agrees to permit Owner to show the apartment to prospective residents during reasonable hours. d. If the Resident moves before this Agreement ends, Owner may enter the apartment to decorate, remodel, alter or otherwise prepare the apartment for re-occupancy. Reasonable advance notification is not required if an adult member of Resident's family is present and gives permission for Owner to enter or Resident has required that Owner perform repairs or provide service. 19. Discrimination Prohibited. Owner agrees not to discriminate based upon race, color, religion, creed, national origin, sex, age, handicap, membership in a class, such as unmarried mothers or recipients of public assistance, or familial status. 20. Termination of Residency: a. The Resident can only terminate this Agreement at the end of this Lease Agreement as defined in Paragraph 3 or pay as liquidated damages the entire rental amount due to the end of this Lease Agreement. To terminate this Agreement, the Resident must give Owner 30-days written notice. This notice must be given on or before the first day of the month prior to the month the Resident intends to vacate, once the Lease term expires. If the Resident does not give the full 30-day notice, the Resident shall be liable for the rent up to the end of the 30 days for which notice was required or to the date the unit is re-rented, whichever date comes first. Failure by the Resident to provide such notice shall cause forfeiture of the Security Deposit. b. Owner may terminate this Agreement for: 6/03 Page 6 of 10 C.1.3.6 the Resident's material non-compliance with the terms of this Agreement; the Resident's material failure to carry out the obligations under any State Landlord and Tenant Act; or criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents or any drug-related criminal activity on or near such premises, engaged in by a Resident, any member of the Resident's household, or any guest or other person under the Resident's control; or other good cause, which includes, but is not limited to, the Resident's refusal to accept Owner's proposed change to this Agreement. c. The term material non-compliance with the lease includes: (1) one or more substantial violations of the lease; (2) repeated minor violations of the lease that: (a) disrupt the livability of the apartment community, (b) adversely affect the health or safety of any person or the right of any resident to the quiet enjoyment of the leased premises and related community facilities. (c) interfere with the owner of the apartment community, or (d) have an adverse financial effect on the apartment community; (3) failure of the Resident to timely supply all required information on the income or eligibility factors of the Resident household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), or to knowingly provide incomplete or inaccurate information; and (4) non-payment of rent or any other financial obligation due under this lease beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the lease after the due date but within the grace period permitted under State law constitutes a minor violation. If neither party gives notice, this Agreement will be extended on a month-to-month basis for successive one month terms until either party gives notice. If Resident remains, Resident shall be on a month-to-month basis upon the same terms and provisions hereof. There shall be no automatic renewal of this Lease by operation of law. 21. Failure of Owner to Act. Failure of Owner to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of any provision hereof. 6/03 Page 7 of 10 vJUUV 41 22. Abandonment. When Resident abandons the Apartment, Owner may, without notice, store or dispose of any property left in the Apartment. Owner shall also have the right to store or dispose of any property remaining in the Apartment after the termination of this Agreement. 23. Mortgagee's Rights. Resident's rights under this Agreement shall, at all times, be automatically junior to any deed to secure debt which is now or shall hereafter be placed on the property of which the Apartment is part. If requested, Resident shall execute promptly any document that Owner may request to verify this subordination. This Lease (or rental agreement) shall be expressly subordinate to any note, deed of trust or other security instrument on the subject property. 24. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building of sufficient quantities, may present health risks to a person who is exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Texas. Additional information regarding Radon and Radon testing may be obtained from your county public health unit. 25. General. NO ORAL AGREEMENTS HAVE BEEN ENTERED INTO WITH RESPECT TO THIS LEASE. This Lease Agreement, supporting Addendums/Attachment, and rental application constitute the entire Agreement between the parties. This Lease Agreement and supporting Addendums/Attachment shall not be modified unless by an instrument in writing signed by Resident and an officer of Owner. In the event of more than one Resident, each Resident is jointly and severally liable for each provision of this Lease Agreement. Each Resident states that he or she is of legal age to enter into a binding lease for lodging. All obligations hereunder are to be performed in the county and state where Apartment Community is located. Time is of the essence of this Lease. It is understood and agreed that all of the covenants, agreements and obligations of Owner hereunder are limited by and are made expressly subject to the terms and provisions of a written agreement between Resident and the Owner of the Apartment Community. 26. SECURITY. RESIDENT HEREBY AGREES AND ACKNOWLEDGES THAT OWNER DOES NOT PROVIDE AND SHALL HAVE NO DUTY TO PROVIDE ANY SECURITY SERVICES, EITHER EXPRESS OR IMPLIED, TO RESIDENT OR THE APARTMENT COMMUNITY. RESDIENT SHALL LOOK SOLELY TO THE PUBLIC POLICE FORCE FOR SECURITY PROTECTION. RESIDENT AGREES AND ACKNOWLEDGES THAT PROTECTION AGAINST CRIMINAL ACTION IS NOT WITHIN THE POWER OF OWNER. 27. Hazards. The Resident shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or to do anything that will increase the community's insurance premiums. Such action constitutes a material non-compliance. If the apartment is damaged by fire, wind, or rain to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Resident, the Resident will be responsible for rent only up to the date of the destruction. Additionally rent will not accrue until the apartment has been repaired to a livable condition. 6/03 Page 8 of 10 C.1.3.8 28. Penalties for Submitting False Information. Knowingly giving Owner false information regarding income or other factors considered in determining Resident's eligibility is a material non-compliance with the Lease Agreement subject to termination of residency. In addition, Resident could become subject to penalties under State and Federal law. These penalties could include fines up to $10,000 and imprisonment up to five (5) years. 29. Indemnification. Resident agrees to indemnify Owner against all losses incurred by Owner as a result of(a) Resident's failure to fulfill any of its obligations under this Agreement; (b) Resident's failure to comply with any requirements imposed by any governmental authority; and (c) any judgment, lien or other encumbrance filed against the apartment as a result of Resident's action. 30. Insurance. Resident shall be responsible for obtaining such fire, extended coverage, and liability insurance with respect to Resident's contents as Resident shall desire. Owner shall not be responsible to Resident for damage or loss or theft of Resident's property or injury to Resident or Resident's family, visitors, invitees or licensees for any reason or from any cause whatsoever other than the negligence or willful misconduct of Owner. 31. Remedies. All remedies herein given and all rights and remedies given to Owner by law or equity shall be cumulative and concurrent. The provisions hereof for retention of all or a portion of the Security Deposit or for termination of this Agreement because of Resident's failure to comply with the provisions hereof shall be in addition to and not in lieu of the rights under State law. 32. Attorney's Fees and Court Costs. If any rent owing under this Agreement is collected by or through an attorney at law, Resident agrees to pay reasonable attorney's fees if such fees are awarded in a court judgment. Owner may collect warrant fees and court costs if such are awarded in a court judgment or under applicable State law. THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK 6/03 Page 9 of 10 SIGNATURES: RESIDENT OR RESIDENTS I HAVE READ THIS DOCUN{ENT BEFORE SIGNING AND UNDERSTAND AND AGREE TO ALL PROVISIONS IN THIS AGREEMENT. 4 BY. ' Date signed 2. Date signed 3. Date signed 4. Date signed 5. Date signed 6. Date signed OWNER Deen-Fort Worth Associates, LP (d/b/a The Residences of Diamond Hill Apartments) a Texas Limited Partnership BY: NuRocic Management, Inc. Agent for Owner Property Manager Date Signed 7/01 Page 10 of 10 '1 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 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 Con=other._. 12. Security Deposit than as specified in paragraph b. I -,r�, ,l Vii. QJ; . . :; h v C. v' L v' l_ P E ±�1�g� 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 lb. 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