HomeMy WebLinkAboutContract 32437 ;_.A _`E T'AAlr
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INTERIM SHELTER AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND THE ESTATE OF RUTH BONNER
STATE OF TEXAS §
COUNTY OF TARRANT §
This Interim Shelter Agreement("Agreement") is entered into by the City of Fort Worth,
Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise
Counties, Texas, acting by and through its duly authorized Assistant City Manager, Joe Paniagua,
whose address is 1000 Throckmorton, Fort Worth, Texas 76102 and The Estate of Ruth Bonner,
("Owner"), whose address is 4525 Rolling Hills Drive, Fort Worth, Texas 76119, acting by and
through Erma Bonner-Platter, its duly authorized Independent Executor. (Sometimes City and
Owner are referred to individually as a"Party"and collectively as the"Parties").
ARTICLE I
RECITALS
A. City has received an influx of evacuees fleeing the Gulf Coast and the City of
New Orleans, Louisiana as a result of the wide spread devastation and flooding following
Hurricane Katrina's landfall in southern Louisiana,Mississippi and Alabama.
B. City has determined that extraordinary measures must be taken to alleviate the
suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of
these evacuees to the City has created a state of disaster in the City and therefore on September 1,
2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth,
Texas pursuant to section 418.108 of the.Texas Government Code.
C. City anticipates that expenditures by City pursuant to this Agreement will be
reimbursed by the Federal Emergency Management Agency of the United States Department of
Homeland Security ("FEMA").. The Parties acknowledge to each other that the timing and
amount of that reimbursement is unknown to the Parties.
D. The purposes of this Agreement are to set out the mutually agreeable terms and
conditions relating to providing interim shelter for those evacuees (hereinafter referred to as
tenant or tenants) that City determines to place in Owner and to provide assistance for tenants
under the Katrina interim shelter program ("Program").
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, and for the consideration of the mutual promises recited herein
the sufficiency of which is hereby acknowledged by the Parties,the Parties contract and agree as
follows:
ARTICLE II
LEASE OF HOUSING UNITS
(a) This Agreement applies to the Housing Units specified in the attached Exhibit "A"
("Housing Units" whether one or more single family one to four dwellings).
HOUSING ASSISTANCE PAYMENT AGREEMENT Pae 1 Revis 9/if
Page
(b) The lease form for the Housing Units shall be the Texas Apartment Association Lease
Contract or such other lease contract as approved by the City. The lease contract used by Owner
is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all references in
this Agreement to the Lease Contract, shall include the "Tenancy Addendum," attached as
Exhibit "E." Owner shall attach the Tenancy Addendum to all Lease Contracts prior to the
execution of the Lease Contract by Owner and tenant.
(c) City has approved leasing of the Housing Units subject to a determination by the City of
Fort Worth Housing Department inspections that the Housing Units meet City of Fort Worth
Housing Department Minimum Acceptable Standards("MAS").
(d) Owner will lease the Housing Units only to tenants approved for placement by City under
the Program, unless notified in writing by City that a Housing Unit is no longer needed for the
Program.
(e) The initial term of the Lease Contract is three (3) months, with three (3) additional
options to renew for terms of three (3) months each, unless earlier terminated as hereinafter
provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract
executed by tenant and Owner for the renewal period. A tenant may terminate the Lease Contract
with 30 days written notice to Owner.
(f) Owner certifies that:
(1) Owner and the tenant will enter into a lease in the same form as the Lease Contract.
(2) The Lease Contract is consistent with Federal, state and local law.
(g) Owner is responsible for screening the tenant's behavior or suitability for tenancy. City is
not responsible for such screening. City has no liability or responsibility to Owner or other
persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City acknowledges
that Owner may require tenant to sign a rental application and disclose certain background
information, including criminal information, at the same time the tenant is allowed to take
occupancy of the Housing Unit. If Owner discovers that a tenant has submitted false information
on the rental application or that tenant's criminal history is unacceptable according to Owner's
customary standards for tenants in unassisted units, Owner may give the tenant one day's notice
to vacate and evict in accordance with Texas law. Failure to pay rent on a prior lease shall not be
grounds for eviction. Owner shall notify City promptly of the issuance of any notice to vacate
and eviction of any tenant in any Housing Unit.
(h) Owner shall treat tenants under this Agreement in accordance with Owner's customary
practices and policies towards all of its other tenants.
ARTICLE III
MAINTENANCE,UTILITIES AND OTHER SERVICES
(a) Owner must maintain all Housing Units and the building or complex in which the
Housing Unit is located, including common areas and grounds ("Premises") in accordance with
the MAS.
(b) Owner must provide all utilities needed to comply with the MAS unless City has agreed
in this Agreement to pay for some or all utilities as set forth in the attached Exhibit"C." 2�
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HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 Revised 9/15/0f,7,
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(c) If Owner does not maintain the Housing Units and the Premises in accordance with the
MAS, City may exercise any available remedies as set forth in this Agreement. City may not
exercise such remedies against Owner because of an MAS breach for which the tenant is
responsible, and which is not caused by Owner.
(d) City or its agents may inspect the Housing Units and the Premises at such times as City
determines necessary,to ensure that all Housing Units are in accordance with the MAS.
(e) City must notify Owner of any MAS defects shown by the inspection.
(f) Owner must provide all housing services as agreed to in the Lease Contract.
ARTICLE IV
TERM OF AGREEMENT
(a) The term of this Agreement begins on the date of countersignature by City, and
terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract
entered into pursuant to this Agreement,whichever come first.
(b) Termination During Initial Term of Lease Contracts. If Owner breaches this
Agreement in accordance with Article VII during the initial three (3) month term of the Lease
Contract for any Housing Unit, City may terminate this Agreement as to any Housing Unit or as
to all Housing Units, in its sole discretion. Prior to termination of this Agreement, City may give
Owner opportunity to cure said breach as set forth in Article VIII(b).
(c) Termination During Any Renewal Term of Lease Contracts. During any renewal
term of any Lease Contract executed by Owner and tenant under this Program for any of the
Housing Units,this Agreement may terminate as follows:
1. The Agreement terminates automatically as to each Lease Contract that is
terminated by Owner or the tenant.
2. City may terminate Program assistance for a tenant for any grounds authorized in
accordance with U.S. Department of Housing and Urban Development ("HUD")
or FEMA requirements upon written notice to Owner. If City terminates Program
assistance for a tenant, the Agreement terminates automatically as to that Lease
Contract.
3. If a tenant vacates a Housing Unit, the Agreement terminates automatically as to
that Lease Contract. Owner must notify City in writing of the vacancy as soon as
Owner knows of it.
4. City may terminate the Agreement if City determines, in accordance with FEMA
and/or HUDrequirements, that available Program funding is not sufficient to
support continued assistance for tenants in the Program.
5. City may terminate the Agreement as to any Housing Unit if City determines that
the Housing Unit in question does not provide adequate space in accordance with
the MAS because of an increase in tenant's family size or a change in tenant's
family composition.
6. If the composition of the tenant's family residing in the Housing Unit changes,
City may terminate the Agreement as to that Housing Unit, or may continue
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 Revised 9/15/05
Program payments on behalf of tenant's family members who remain in the
Housing Unit.
7. City may terminate the Agreement as to that Housing Unit if City determines that
the Housing Unit in question does not meet all requirements of the MAS.
8. City may terminate the Agreement if City determines that Owner has otherwise
breached the Agreement.
(d) If City or a tenant terminates a Lease Contract under this Agreement during the initial
three (3) month term for any reason not Owner's responsibility, City shall pay Owner Rent, as
hereinafter defined, on the Housing Unit for the remainder of the initial term, minus any days for
which Rent has already been paid.
(e) If for any reason Program assistance is terminated, Owner shall have the right to
terminate this Agreement and/or tenant's right to possession of any Housing Unit not being paid
for by City.
ARTICLE V
RENT
(a) All rent rates are as outlined in the attached Exhibit"B" ("Rent").
(b) City must determine whether the Rent to Owner is reasonable in comparison to rent for
other comparable unassisted units. To make this determination, City must consider:
1. The location, quality, size,unit type, and age of the Housing Units; and
2. Any amenities, housing services, maintenance and utilities provided and paid by
Owner.
(c) During the Agreement term, the Rent may not exceed rent charged by Owner for
comparable unassisted units in the Premises. Owner must promptly give City any information
requested by City on rents charged by Owner for other units in the Premises or elsewhere.
ARTICLE VI
CITY PAYMENT TO OWNER
(a) Program Payments
1. City has allocated no money under this Agreement to make Program payments
to Owner. City will pay Rent pursuant to invoices issued to City by Owner for Lease Contracts
for all Housing Units covered by this Agreement. Owner will take all necessary steps to
become a vendor for the City and will issue an invoice to City once a month no later than the
twenty-fifth day of that month for the total amount of Rent due for all Housing Units covered
by this Agreement for the next month, and City will make Program payments to Owner in
accordance with Article VI(a)2.
2. During the term of the Agreement, City shall make monthly Program payments
to Owner on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an invoice
from Owner.
3. Except as provided in Article IV(d) of this Agreement, Program payments shall
only be paid to Owner while a tenant is residing in a Housing Unit during the term of the
Agreement, and City shall not pay a Program payment to Owner for any month after th
when the tenant moves out.
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Revise --
(b) Unless Owner has complied with all provisions of the Agreement, Owner does not have a
right to receive Program payments under the Agreement.
(c) Rent shall not be prorated for a partial month and Owner shall provide Housing Units to
tenants for a partial month without assessing Rent.
(d) The Program payments shall be credited against the monthly Rent to Owner for the
Housing Unit.
(e) Limit of CITY responsibility.
1. City is only responsible for Program payments to Owner in accordance with the
Agreement and requirements for a tenancy under the Program.
2. City shall not pay any portion of Rent to Owner in excess of the Program
payment. City shall not pay any other claim by Owner against the tenant.
3. City shall be liable to Owner for damages by tenant in an amount up to but no
more than $300.00, which Owner shall accept as liquidated damages from City.
Owner may pursue its remedies against tenant for any damage done by tenant for
any amounts in excess of$300.00.
(f) If City determines that it has paid Owner more than required under this Agreement, City,
in addition to other remedies, may deduct the amount of the overpayment from any future
amounts due Owner.
(g) Owner Certification
During the term of this Agreement, Owner certifies that:
1. Owner is maintaining the Housing Units and Premises in accordance with the
MAS.
2. Housing Units are leased to the tenants under a Lease Contract in the form
attached hereto, and said Lease Contract is in accordance with the Agreement
and Program requirements. Owner has provided a copy of each executed Lease
Contract to City, including any revisions of the Lease Contract.
3. Except for Rent to Owner, Owner has not received and will not receive any
payments or other consideration (from the tenant, City, HUD, or any other public
or private source)for lease of any Housing Unit during the Agreement term, or if
Owner does receive any such payments or other consideration, Owner shall
promptly inform City of such receipts.
4. The tenant does not own or have any interest in the Housing Unit.
5. Owner (including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of the tenant's family,
unless City has determined (and has notified Owner and the tenant's family of
such determination) that approving lease of the Housing Unit, notwithstanding
such relationship, would provide reasonable accommodation for a tenant's family
member who is a person with disabilities.
ARTICLE VII = r
PROHIBITION OF DISCRIMINATION
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 Revised 9/15/05 ��
(a) In accordance with applicable equal opportunity statutes, Executive Orders, and
regulations, Owner shall not discriminate against any person because of race, color, religion, sex,
national origin, familial status, disability, or sexual orientation in connection with the Agreement.
(b) Owner must cooperate with City, and its agents, in conducting equal opportunity
compliance reviews and complaint investigations in connection with the Agreement.
ARTICLE VIII
OWNER'S BREACH OF AGREEMENT
(a) Any of the following actions by Owner, including a principal, owner, agent, or other
interested party, is a breach of the Agreement by Owner:
1. If Owner has violated any obligation under the Agreement, including Owner's
obligation to maintain all Housing Units in accordance with the MAS; or
2. If Owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any Federal Program; or
3. For projects with mortgages insured by HUD or loans made by HUD, if Owner
has failed to comply with the regulations for the applicable mortgage insurance
or loan program, with the mortgage or mortgage note, or with the Regulatory
Agreement; or if Owner has committed fraud, bribery or any other corrupt or
criminal act in connection with the mortgage or loan; or
4. If Owner has engaged in any drug-related criminal activity or any violent
criminal activity.
(b) If City determines that a breach has occurred, City may exercise any of its rights and
remedies under the Agreement, or any other available rights and remedies for such breach. City
shall notify Owner of such determination, including a brief statement of the reasons for the
determination. The notice by City to Owner may require Owner to take corrective action, as
verified or determined by City, by a deadline prescribed in the notice. If a defect is life
threatening, Owner must correct the defect within no more than 24 hours. For other breaches or
defects, Owner must correct the breach or defect within the period specified by City, which
period shall be reasonable under all of the circumstances.
(c) If Owner fails to cure any breach by the deadline prescribed in the notice to Owner, City's
rights and remedies for Owner's breach of the Agreement include recovery of overpayments,
suspension of Program payments, abatement or other reduction of Program payments,termination
of Program payments, and termination of the Agreement.
(d) City may seek and obtain additional relief by judicial order or action, including specific
performance, other injunctive relief or order for damages.
(e) Regardless whether tenants continue to live in any Housing Unit, City may exercise any
rights and remedies for Owner breach of the Agreement.
(f) City's exercise or non-exercise of any right or remedy for Owner breach of the
Agreement is not a waiver of the right to exercise that or any other right or remedy at any time.
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05
ARTICLE IX
CITY ACCESS TO PREMISES
AND OWNER'S RECORDS
(a) Owner must provide any information pertinent to the Agreement that City may
reasonably require.
(b) City, and its agents shall have full and free access to all Housing Units and the Premises,
and to all accounts and other records of Owner that are relevant to the Agreement, including the
right to examine or audit the records and to make copies.
(c) Owner must grant such access to computerized or other electronic records, and to any
computers, equipment or facilities containing such records, and must provide any information or
assistance needed to access the records.
(d) Owner shall retain all records pertaining to this Agreement and the Lease Contract for
four (4) years following the termination of this Agreement. Owner may destroy said records at
the end of this four (4) year period if no outstanding FEMA reimbursement issues remain
between City and FEMA regarding the Program payments.
ARTICLE X
EXCLUSION OF THIRD PARTY RIGHTS
(a) A tenant is not a party to or third party beneficiary of this Agreement.The tenant may not
enforce any provision of this Agreement, and may not exercise any right or remedy against
Owner or City under this Agreement.
(b) City may enforce the Lease Contract against Owner, and may exercise any right or
remedy against Owner under the Lease Contract. Owner and the tenant may enforce the terms of
the Lease Contract against each other according to its terms.
(c) City does not assume any responsibility for injury to, or any liability to, any person
injured as a result of Owner's action or failure to act in connection with management of any
Housing Unit or the Premises or with implementation of the Agreement, or as a result of any
other action or failure to act by Owner.
(d) Owner is not the agent of City, and the Agreement does not create or affect any
relationship between City and any lender to Owner or any suppliers, employees, contractors or
subcontractors used by Owner in connection with management of the Housing Units or the
Premises or with implementation of the Agreement.
ARTICLE XI
PROHIBITION AGAINST INTEREST
(a) No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Owner is situated; and no other public official of such
locality or localities, who exercises any functions or responsibilities with respect to the
Agreement during his or her tenure or for one year thereafter, shall have any interest, or------�
indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, fpxf iie,;,;';,1 ,i,"JId;
provisions to be performed hereunder. it
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HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 Revised 9/15/05
(b) No member, officer, or employee of Owner shall have a financial interest, direct or
indirect, in this Agreement or the Rent or Program payments transferred hereunder or be
financially interested, directly or indirectly, in the sale to Owner of any land, materials, supplies
or services purchased with any Rent or Program payments transferred hereunder,except on behalf
of Owner, as an officer, employee, or member. Any willful violation of this paragraph with the
expressed or implied knowledge of Owner shall render this Agreement voidable by City.
ARTICLE XII
ASSIGNMENT OF AGREEMENT
(a) Owner may not assign the Agreement without the prior written consent of City.
(b) City may assign this Agreement to FEMA or HUD or any other state or federal agency
without consent of Owner.
ARTICLE XIII
WRITTEN NOTICES
All notices required or permitted by this Agreement must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit in a
United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,
return receipt requested); and (iii) addressed to the other Party at the address set out in the
preamble of this Agreement or at such other address as the receiving Party designates by proper
notice to the sending Party.
ARTICLE XIV
ENTIRE AGREEMENT; INTERPRETATION
The Agreement contains the entire agreement between Owner and City.
ARTICLE XV
MISCELLANEOUS PROVISIONS
(a) Owner shall provide all reasonably necessary documentation requested by City to obtain
reimbursement from FEMA or any other interim shelter program within 30 days' of receipt of
City's request.
(b) Owner waives all security deposits, applications fees, employment and credit checks for
tenants under this Agreement; however, Owner may require a tenant to provide information
regarding tenant's criminal background history if Owner customarily performs such checks.
(c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter
program change during the term of this Agreement, Owner and City shall amend this Agreement
to conform with such changes. Owner may terminate this Agreement at no cost to City if it does
not consent to the amendment.
(d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such ""N 1 !] ;11;\'1 !ja r w
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HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/0
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
(e) City's failure to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely upon any such term or right on any future occasion.
(f) Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Agreement,venue for action shall
lie in Tarrant County,Texas.
(g) This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Agreement for all purposes, constitute the entire agreement
between the parties concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall
be void. Any amendments to the terms of this Agreement must be in writing and must be
approved by each Party.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its
undersigned duly authorized representative in multiple copies, on the date or dates indicated
below.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05
ATTEST: CITY OF FO RT
By:
Marty Hendrix, City Secretary Joe Pani ua, sist 11t 'ty Manager
Date: 3 D
APPROVED AS TO FORM AND
LE ALITY�:./,
WIN? lbs- �l�
Assistant City Attorney
NO M&C REQUIRED OWNER
THE ESTATE OF RUTH BONNER
By:
Name: E a Bonner-P
Title: de dent Executor
Date: 10j—
Y/
HOUSING
0j —
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Revised 9/15/05
EXHIBIT "A"
HOUSING UNITS
The Housing Units shall include the following units, subject to change in accordance with
the provisions of this Agreement:
Three Bedroom Housiniz Units (insert addresses below
929 E. Leuda Street, Fort Worth, Texas 76104
EXHIBIT "B"
RENT
During the Agreement term, the rent to Owner may at no time exceed the Fair Market Rent as set
forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution of
this Agreement, as follows:
(1) $558.00 for a zero bedroom unit;
(2) $597.00 for a one bedroom unit,
(2) $732.00 for a two bedroom unit, or
(3) $995.00 for a three bedroom unit.
The Housing schedule above is for an unfurnished one to four single family dwelling.
The rent for the unit under this Agreement is $;39! 9 for a three bedroom unit.
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EXHIBIT "C"
UTILITIES AND APPLIANCES
Owner shall provide or pay for the utilities and appliances indicated below by an"O." City shall provide or
pay for the utilities and appliances indicated below by a "C." Tenant shall provide or pay for the utilities
and appliances indicated below by a "T." Unless otherwise specified below, Owner shall pay for all
utilities and appliances provided by Owner.
Item Specify fuel type Provided by aid by
Heating G Natural gas G Bottle gas G Electric C
Cooking G Natural gas G Bottle gas G Electric e
Water Heating G Natural gas G Bottle gas G Electric C
Other Electric C
Water C
Sewer
Trash Collection e
Air Conditioning
Refrigerator O O
Washer O O
Dryer O O
Central Heat&A/C
and its quarterly
maintenance(exchange
filters,etc.) O O
Stove/Range O O
Regular Lawn
Maintenance O O
Other(specify)
EXHIBIT "D"
LEASE CONTRACT
[SAMPLE LEASE USED BY OWNER WITH TENANTS
SHALL BE ATTACHED] J
Sep 30 05 04:41p Erma Bonner Platte 817-536-9424 p,2
TExAS Assocwtom DF REALTORS'
RESIDENTIAL LEASE
USE OF TMS FCM BY PER90NS WHO ARE NOT hdW0 RS OFTHE T91 ASS ASsoctA noN OF RMUCIRSV IS NOT AUTHORIZED.
Wrenn AssadOw ON REALTOI1111101,1111114-2003
Contents
No. PaMgraoh De9crIR§9n Pg No. Para-graph Description Pg
1. Parties 2 D. Prohibitions
2. Property 2 E. Failure to Maintain
3. Term 2 18. Repairs 9
A. Primary Terre A. Repair Requests
B. Delay of Occupancy B. Completion of Repairs
4. Automatic Renewal&Termination 2 C. Payment of Repair Costs
5. Rent 3 D. Trip Charges
A. Monthly Rent E. Advance Payments&Reimbursement
B. Prorated Rent 19. Security Devices& Exterior Door Locks 10
C. Place of Payment 20. Smoke Detectors 10
D. Method of Payment 21. Liability 11
E. Rent Increases 22. Holdover 11
6. Late Charges 3 23. Residential Landlord's Lien 11
7. Returned Checks 4 24. Subordination 11
8. Application of Funds 4 25. Casualty Loss or Condemnation 11
9. Pets 4 26. Special Provisions 11
10. Security Deposit 4 27. Default 11
A. Security Deposit 28. Early Termination 12
B. Interest A. Military
C. Refund B. Assignment and Subletting
D. Deductions 29. Attorney's Fees 13
11. utilities 5 30. Representations 13
12. Use and Occupancy 6 31. Addenda 13
A. Occupants 32. Notices 13
B. Phone Numbers 33. Agreement of Parties 13
C. HOA Rules 34. Information 14
D. Prohibitions
E. Guests ADDENDA&EXHIBITS(check all that amM
F. Common Areas
13, Vehicles 6 ❑ Addendum Regarding Lead-Based Paint
14. Access by Landlord 6 ❑ Agreement Between Brokers
A. Signs ❑ Agreement for Application Deposit and Hold on
B. Access Property
C. Trip Charges ❑ Inventory and Condition Form
D. Keybox ❑ Landlord's Rules and Regulations
15. Move-In Condition 7
16. Move-Out 7 D Owners' Association Rules
A. Move-Out Condition ❑ Pet Agreement
B. Definitions ❑ Pool/Spa Maintenance Addendum
C. Personal Property Left After Move-Out ❑ Protecting Your Home from Mold
17. Property Maintenance 8 * Residential Lease Application
A. Tenant's General Responsibilities ❑ Residential Lease Guaranty
B. Yard Maintenance ❑
C. Pool/Spa Maintenance 0
(TAR-,2001)10-14-03 Tenants: & Landlord or Landlords RepreserrtaOw Page 1 of 14
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Sep 30 05 04:41p Erma Bonner Platte 817-536-9424 p.3
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TEXAS ASSOc1ATioK OF REALTORS
RESIDENTIAL LEASE
WE OF THIS FORM BY PERSONS W HO ARE NOT RERRi6iS OF THE TEXASASSOMAM M OF FSPLTORSO 18 NOT AUTHORML
wre>w Aoeod"M of AEALTOPAW bre.700.1
1. PARTIES: The parties to this lease are:
the owner of the Property, Landior+d,: The Estate of Ruth Bonner actiN by and through Enna Bonner-Platte Indep.
Executor 46225 RolHW Hills Dtive,Fort Worth,Texas 76119 -and
Tenant(s):
2. PROPERTY: Landlord leases to Tenant the following reed property.
Address: 929 E.Lauda Fort Worth Texas 76104631
legally described as:Lot Is, Block 6 Union Depot Addition also known as 929 E.Lauda, Fort Worth,Texas 76104
in Tarrant County, Texas, together with the inllowing non-real-property
items:
The real property and the non-real-property are collectively called the"Property".
3. TERM:
A PriMMM Term: The primary term of this lease begins and ends as follows:
Commencement Date: September 30,2006 Expiration Date:D000mber 31,2006
B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If
Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of
construction on the Property or a prior tenanfs holding over of the Property, Tenant may terminate this
lease by giving written notice to Landlord before the Property becomes available to be occupied by
Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate
rent on a daily basis fur a delay caused by construction or a prior tenant's holding over. This paragraph
does not apply to any delay in occupancy caused by cleaning, repairs, or make-ready items.
4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION:
A. This lease automatically renews on a nionth4o-month basis unless Landlord or Tenant provides the
other party written notice of termination not less than: (Check only one box.)
(1)30 days before the Expiration Date.
❑(2) days before the Expiration Date.
B. If this lease automatically renews on a monffi4o month basis, it will continue to renew on a month-to-
month basis until either party provides written notice of termination to the other party and the notice of
termination will be effective:(Check only one box.)
(1) on the last day of the month following the month in which the notice is given. Landlord is not
obligated to prorate rant even if Tenant surrenders the Properly before the termination date.
❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if
ruecessary,rent will be prorated on a daily basis.
(TAR-2001)10-14-03 Tenants: & Landlord or Landlord's RepresenUdIve: Page 2 of 14
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Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.4
Residential Lease concerning-929 E.Leuda
C. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for
providing notice of termination (strict compliance with dates by which notice must be provided is
required). If a box Is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not
checked under Paragraph 413, Paragraph 48(1)will apply.
S. RENT:
A, Monthly Rent:Tenant wip pay Landlord monthly rent in the amount of$ 776.00 for each full month
during this lease. The first full month's rent is due and payable not later than October 1,2206
Thereafter. Tenant will gay the monthly rent so that Landlord receives thely rent on or before the
first day of each month during this lease. Weekends, holidays,and mail delays do not excuse Tenant's
obligation to timely gM rent.
B. Prorated Rent: On or before Tenant will pay Landlord$ as prorated
rerd from the Commencement Date through the last day of the month in which this lease begins.
C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord
under this lease to the following person or entity at the place stated and make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place to which
Tenant must remit amounts due under this tease.
Name: The Estate of Ruth Bonner acting by and through Erma Bonner•Plade lndep.Executor
Address; 4626 Rolling Hills Drive,Fort Worth,Texas 76119
Natice: Place the Property address and Tenant's name on all payments.
D. Method of P Ment:
(1) Tenant must pay all rerd timely and without demand, deduction, or offset, except as permitted by
law or this lease.
(2) Time is of the essence for the payment of rent(strict compliance with rental due dates is required).
(3)Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by check,
cashiers check, money order, or other means acceptable to Landlord-
(4) Landlord Y6 requires O does not require Tenants)to pay monthly rents by one check or draft.
(5) If Tenant falls to timely pay any amounts due under this lease or if any check of Tenant is not
honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount
and any subsequent amounts under this lease in certified funds. This paragraph does not limit
Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments
with good funds.
E. Rent Increases: There will be no rent increases through the primary term- Landlord may increase the
rent that will be paid during any month4o-month renewal period by providing at least 30 days written
notice to Tenant.
6. LATE CHARGES:
A- If Landlord does not acWally receive a rent payment in the full amount at the designated place of
payment by p.m. on the day of the month in which it is due, Tenant will pay Landlord
for each late payment:
(1) an initW late charge equal to(check one box only): 0 (a)$ ; or El (b} % of one
month's rent;and
(2) additional late charges of$ per day thereafter until rent and late charges are paid in full.
Additional late charges may not exceed more than 30 days in any one month.
(TAR-2001)10-14-403 Tenants: 81 Landlord or Landlord's Representative: Page 3 of 14
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Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.5
Residential Lease concerning:929 E.Lauda
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for
Landlord (the postmark date is not the date Landlord receives the payment). The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landiord's right to exercise remedies under Paragraph 27.
7. RETURNED CHECKS: Tenant will pay Landlord$ X00 (nof to exceed $25.00) for each check
Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn fior any
reason, plus any late chanes until Landlord receives pmym�rrL Tenant must make any returned check
good by paying such amount(s) plus any associated charges in certified funds.
S. APPLICATION OF FUNDS: Rggardless of any notation on a check, Landlord may apply funds received
from Tenant first to any non-rent obligations of Tenant, indudingbpi not limited to, late chanes. retumed
check charlm, repairs,txokerage fees. periodic utilities, pet charges.and then to rent.
9. PETS:
A. Unless the parties agree otherwise in writing, Tenant may not permit, even tem2QMrify. any pet on the
P (induding but not limited to any mammal, reptile.bird, fish, rodent, or insect).
8. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take
all or any of the following action:
(1) declare Tenant to be in default of this lease and exercise Landlords remedies under Paragraph 27;
(2) charge Tenant, as additional rant,an initial amount of$---Rand$ 0.00 per day thereafter per pet
for each day Tenant violates the pet restrictions;
(3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities
by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the
unauthorized pet; and
(4) charge to Tenant the Landlord's cost to:
(a) remove any unauthorized pet;
(b) exterminate the Property for fleas and other insects;
(c) dean and deodorize the Property's carpets and drapes; and
(d) repair any damage to the Property caused by the unauthorized pct.
C. When taking any action under Paragraph 913 Landlord will not be liable f+or any harm, injury, death, or
sickness to any pet.
10.SECURITY DEPOSIT:
A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in
the amount of$ 3W-00 . 'Security deposit' has the meaning assigned to that term in§92.102,
Property Code.
B. Inte - No interest or income will be paid to Tenant on the security deposit. Landlord may place the
security deposit in an interest-bearing or income-producing account and any interest or income earned
will be paid to Landlord or Landlord's representative.
C. Refund: Tenant must give Landlord at lead thi[W M) days written notice of surrender before Landlord
is obligated to refund or account for the security deposit
Notices about Security Deposits:
(1) §82.108, Property Code provides that a tenant may not withhold payment of any portlon of the
last month's rent on grounds that the security deposit Is security for unpaid rent.
(TAR-2001)10-74-03 Tenants & Lendord or Landlord's Representative: Page 4 of 14
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Residential Lease cormming: 929 F—L.ewla
(2) Bad faith violations of§92.108 may subject a tenant to liability up to 3 times the rent wrongfully
withheld and the landlord's reasonable attorney's fees.
(3) The Property Code does not obligate a landlord to return or account for the security deposit
until the tenant surrenders the Property and gives the landlord a written statement of the
tenant's forwarding address, after which the landlord has 30 days In which to account
(4) "Surrender" Is defined In Paragraph 15 of this lease.
(b) One may view the Texas Property Code at the Texas Legislature's websrte which,as of the date
shown In the lower left-hand comer of this form,Is www.capW.stata-bc slstatutes/p .html.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for.
(a) damages to the Property, excluding normal wear and tear,
(b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) unpaid utilities;
(f) unpaid pet charges;
(g) replacing unretumed keys, garage door openers,security devices,or other components;
(h) the removal of unauthorized locks or fixtures installed by Tenant;
(i) landlord's cost to access the Property if made inaccessible by Tenant;
(j) nussing or burned-out light bulbs and fluorescent tubes (at the same location and of the same
type and quality that are in the Property on the Commencement Date);
(k) packing, removing, and shoring abandoned property;
(1) removing abandoned or llfegaffly parked vehicles;
(m)costs of reletting (as defined in Paragraph 27), if Tenant is in default
(n) attorney's fees, costs of court,costs of service, and other reasonable costs incurred in any legal
proceeding against Tenant;
(o) any unpaid charges or fees for which Tenant is responsible under this lease;
(p) mailing costs associated with sending notices to Tenant for any violations of this lease; and
(q) other items Tenant is responsible to pay under this lease.
(2) if deductions exceed the security deposit, Tenant wiQ pay to Landlord the excess within 10 days
after Landlord makes written demand.
11. UTILITIES:
A. Tenant will pay all connection fees,service fees, usage fees, and all other costs and fees for all utilities
to the Property(for example, electricity, gas, water, wastewater, garbage. telephone, alarm monitoring
systems, cable, and Internet connections)except the following which Landlord will pay:
In accordance with the Interim Shelter Agreement(The Agreen wd)
Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers.
B. Unless provided by Landlord,Tenant must, at a minimum, keep the following utilities on, if available, at
all times this lease is in effect: gas;electricity;water, wastewater;and garbage services.
Notice: Before signing this lease,Tenant should determine If all necessary utilities are available
to the Property and are adequate for Tenant's use.
(TAR-2W1)10-14-03 reRarrt� S Landlord or Landlords Representative: Page 5 of 14
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Sep 30 05 04:42p Erma Bonner Platte 817-536-9424 p.7
Residodial Lease conceming:M E.Leuda
12.USE AND OCCUPANCY:
A. 0002ants: Tenant may use the Property as a private residence only. The only persons Tenant may
permit to reside on the Property during the term of this Iowa are (include names and ages of aff
occupants):
B. _Phone Numbers: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers
(home,work, and mobile)not later than 5 days after a change.
C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting
the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord
for violations by Tenant of any owners'association rule or restrictive covenant.
D. Prohibitions: Tenant may not permit any part of the Property to be used for:
(1) any activity which is a nuisance, offensive, noisy, or dangerous,
(2) the repair of any vehicle;
(3) any business of any type, including but not limited to child care;
(4) any activity which violates any zoning ordnance,owners'association rule, or rive covenant;
(5) any illegal or unlawful activity;or
(6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property.
E. Gus : Tenant may not permit any guest to stay on the Property longer the amount of time permitted
by any owners' association rule or restrictive covenant oro days without Landlords written
permission,whichever is less.
F. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of
any common areas or facilities(for example, pool or tennis courts).
13.VEHICLES: Tenant may not permit more than 2
vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, rrictorcycles, and
boats, on the Property unless authorized by Landlord in writing. Tenant may not park any vehicles in the
yard. Tenant may not store any vehicles on or adjacent to the Property or on the street in front of the
Properly. Landlord may have towed,at Tenants expense, any improperly parked or inoperative vehicle on
or adjacent to the Property in accordance with applicable state and local laws.
14.ACCESS BY LANDLORD:
A. Signs: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the
Property during the term of this lease or any renewal period.
B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first
contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to
show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or
insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the
Properly at reasonable times without first attempting to contact Tenant and without notice to: (1)survey
or review the Property's condition; (2) make emergency repairs; (3) exercise a contractual or statutory
lien; (4)leave written notices; or(5)seize nonexempt property if Tenant is in default.
C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access
the Property and are later denied or are not able to access the Property because of Tenant's failure to
make the Property accessible, Landlord may charge Tenant a trip charge of$30.00
(TAR-2001)10-14-03 Tenants & Lo41md or Landbrds RWresvrde ve: Page 6 of 14
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Residential Lease wrioeming:929 E.Lauda
D. ftfhqx: A keybox Is a locked container placed on the Property holding a key to the Property.
The keybox Is opened by a special combination, key, or programmed access device so that
persons with the access device may enter the Property, even In Tenant's absence. The keybox
Is a convenience but Involves risk (such as unauthorized entry, theft, property damage, or
personal injury). Neither the Association of REALTORSO nor MLS requires.the use of a keybox-
(1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the
Property a keybox containing a key to the Property:
(a)during the last-15days of this lease or any renewal or extension; and
(b)at any time Landlord lists the Property for sale with a Texas licensed broker.
(2) Tenant may withdraw Tenant's authortWion to place a keybox on the Property by providing written
notice to Landlord and paying Landlord a fee of$ 10&00 as consideration for the withdrawal.
Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal
and payment of the required fee.
(3) If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property
and are later denied or are rat able to access the Property because of Tenant's Failure to make the
Property accessible, Landlord may charge Tenant a trip charge as provided in Paragraph 14C.
(4) Landlord, the property manager, and Landlord's broker are not responsible to Tenant, Tenant's
guests, famft or occupants for any gamages. injuries. or losses arising from use of the kevbax
unless caused by Landlord,the property manager,or Landlord's broker.
15.MOVE4N CONDITION:
A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected
the Property and accepts it ASIS provided that Landior+d:Prgmrty Acg0ed by the City of fort Wore,per the
Agreement
B. Tenant will complete an Inventory and Condition Form,noting any damages to the Property, and deliver
it to Landlord within I days after the Commencement Date. If Tenant fails to timely deliver the
Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise
expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must
direct all requests for repairs in compliance with Paragraph 18.
16. MOVE-OUT:
A. Wove-Out Condition: When this lease ends, Tenant will surrender the Property in the some condition
as when received, normal wear and tear excepted. Tenant will leave the Property in a dean condition
free of all trash, debris,and any personal property. Tenant may not abandon the Property.
B. Definitions:
(1) 'Nomral wear and tear' means deterioration that occurs without negligence,carelessness, accident,
or abuse.
(2) 'Surrender" occurs when all occupants have vacated the Property, in Landlords reasonable
judgment, and one of the fallowing events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has
passed;or
(b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease.
(TAR-2001)10-14-03 Tenants: & Landlord or Landords Representative: Page 7 of 14
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Residential Lease concerning:929 E Lauda
(3) "Abandonment occurs when all of the ioilowing occur.
(a) all occupants have vacated the Property, in Landlord's reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door
or if the Landlord is prevented from entering the Property by afWhg it to the outside of the main
entry door, stating that Landlord considers the Property abandoned,and Tenant Fails to respond
to the affixed notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Properhv Left After Move-Out:
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning the
Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization;or
(c) store and sell such personal property by following procedures in§54.045(b)-(e), Property Code.
(2) Tenant must reimburse Landlord all Landlord's reasonable casts under Paragraph 16C(1) for
packing, removing, storing, and selling the personal property left in the Property after surrender or
abandonment
17.PROPERTY MAENTENANCE:
A Tenants General Responsibilities:Tenant, at Tenant's expense, must:
(1) keep the Property dean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and change heating and air conditioning filters at least once a month;
(4) supply and replace all light bulbs, fluorescent tubes,and batteries for smoke detectors and carbon
monoxide detectors(of the same type and quality that are in the Property on the Commencement
Date);
(5) maintain appropriate levels of necessary chemicals or matter in any water softener,
(6) take action to promptly eliminate any dangerous condition on the Properly;
(7) take all necessary precautions to prevent broken water pipes due to freezing or other causes;
(8) replace any lost or misplaced keys;
(9) pay any periodic, preventive, or additional extermination costs desired by Tenant;
(10) remove any standing water;
(11) know the location and operation of the Thain water cut-off valve and all electric breakers and how
to switch the valve or breakers off at appropriate times to mitigate any potential damage; and
(12) promptly notify Landlord,in writing, of all needed repairs.
S. Yard Maintenance:
(1) "Yard'means all lawns, shrubbery, bushes,flowers, gardens, trees, rock or other landscaping, and
other foliage on or encroaching on the Property or on any easement appurtenant to the Property,
and does not include common areas maintained by an owners'association.
(2) '7 ftntsin the yard" means to perform activities such as, but not limited to: (a) mowing, fertii¢ing,
and trimming the yard; (b)controlling pests in the yard; and(c)remanding debris from the yard.
(3) Tenant will water the yard at reasonable and appropriate times including but not limited to the
following times: WA
. Other than watering,the yard will be maintained as follows:
(TNR-2001)1x14-03 Tenants: & Landlord or Landlords RepresentsWe: Page 8 of 14
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Residential Lease concerning 929 E Lauds
(a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and
Landlord's contractors reasonable access to the yard and will remove any pet from the yard at
appropriate times.
❑ (b) Tenant, at Tenant's expense,will maintain the yard.
❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who
regularly provides such service;❑
C. Pod/Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pooi/Spa
Maintenance Addendum.
D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as
additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such
fixtures wit become the property of the Landlord. Except as otherwise permitted by law, this lease, or
in writing by Landlord,Tenant may not:
(1) remove any part of the Property or any of Landlord's personal property from the Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork,floors, or walls,except that a reasonable number o F small nails may
be used to hang pictures in sheetrock and grooves in paneling;
(4) permit any ulster fumiture on the Property;
(5) install additional phone or video cables, outlets, antennas,satellite receivers,or alarm systems;
(6) replace or remove flooring material, paint, or wallpaper,
(7) install, change, or remove any: fixture, appliance, or non-real-property item listed in Paragraph 2;
(8) keep or permit any hazardous material on the Property such as flammable or explosive materials
which might cause fire or extended insurance coverage to be suspended or canceled or any
premiums to be increased;
(9) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid)on
the Property-,and
(10) cause or allow arty lien to be filed against any portion of the Property.
E. Falure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance
Addendum, Landlord may, in addition to exercising landlord's remedies under Paragraph 27, perrorm
whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord) the
reasonable expenses that Landlord incurs.
18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations).
A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If
Tenant Is delinquent in rent at the time a repair notice Is given, Landlord Is not obligated to
make the repair.
B. Comple on of Repairs:
(1) Tenant may not repair or cause to be repaired any condition, regardless of the cause,
without Landlord's perm orlon. All decisions regarding repairs, Including the completion of
any repair, whether to repair or replace the Item, and the selection of contractors, will be at
Landlord's sole discretion.
(2) Landlord is not oblkpfisd to complete a repair on a day other than a business day unless
required to do so by the Property Code.
(TAR-2001)10-14-03 Terwnts: da Landlord or Landlords Representative: Page 9 of 14
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Sep 30 05 04:44p Erma Bonner Platte 817-536-9424 p.11
Residential Lease wncerning:929 E.Lauda
C. Payment of Repair Costs: Tenant will pay Landlord or any contractor Landlord directs Tenant to
pay,the first i 0•00 of the cost to repair each condition in need of repair,and Landlord
will pay the remainder, except for the following conditions which will be paid as foilows.
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
(b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground
condition,faulty construction,or malfunctioning equipment;
(c) a condition that adversely affects the health or safety of an ordinary tenant which Is not
caused by Tenant, an occupant, a member of Tenant's family, or a guest or Invitee of
Tenant; and
(d) a condition In the following Items which is not caused by Tenant or Tenant's negligence:
(1) heating and air conditioning systems;
(2) water heaters; or
(3) water penetration from structural defects.
(2) Regains that Tenant will Pay Entire hr: Tenant will pay Landlord or any contractor Landlord
directs Tenant to pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant's family, or a guest or
invitee of Tenant (a failure to timely report an Item In need of repair or the failure to
properly maintain an Item may cause damage for which Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or Improper objects In lines that
exclusively service the Property;
(c) damage to doors,windows,or scareens; and
(d) damage from windows or doors left open.
(3) Appliances or Items that will not be Repaired: Landlord does not warrant and will not repair
or replace the following:washer/dryer,Miarowave
D. Trip Charges: If Landlord or a repair person is unable to access the Property after making
arrangements with Tenant to complete the repair,Tenant will pay any trip charges Incurred
E. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or
payments under this Paragraph 18 for which Tenant Is responsible. Tenant must promptly
reimburse Landlord the amounts under this Paragraph 18 for which Tenant Is rosponslbkL
19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS:
A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of
locks and security devices. landlord has rekeyed the security devices since the last occupant vacated
the Property or will rekey the security devaaes within 7 days ager Tenant moves in. "Security device"
has the meaning assigned to that term in§92.151, Property Code.
B. All notices or requests by Tenant for rekeying. changinos installing, repairing, or replacing security
devices must be in writing_ Installation of additional security devioes or additional rewdng or
replacement of security devices desired by Tenant will be paid by Tenant in advance and may be
installed only by contractors authorized by Landkxd.
20.SMOKE DETECTORS: Subchapter F. Chapter 92, Property Code requires the Property to be equipped
with smoke detectors in certain locations. Requests for additional installation, inspection. or repair of
smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing
a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and
liability for damages and attorney fees under§92.2611, Property Code.
(TAR-2001)10-14-03 Tenants: & Landlord or Landlords Faepresentative: Page 10 of 14
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Residential Lease concerning:929 E Leuda
211.LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, farnly, or
occupants for any damages, injuries,of losses to person or property caused by fire, flood,water leaks, ice,
snow, hal, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism,
other persons, condition of the Property, environmental contaminarrts (for example, carbon monoxide,
asbestos, radon, lead-based paint, mold, fungus, etc.}, or other occurrences or casualty losses. Tenant
will promptly reimburse Landlord fw any loss, property damage.or cost of repairs or service to the Proner#v
caused by by Tenant.Tenants Quests.any occupants, or any oets.
22. HOLDOVER: If Tenant fads to vacate the Property at the time this lease ends Tenant will pay Landlord
rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not
limited to lost rent, lodging expenses, costs of eviction, and attomeys' fees. Rent for any holdover period
will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and
payable daily without notice or demand.
23.RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenants
nonexempt personal property that is in the Property and may seize such nonexempproperty tf Tenant fails
to pay rent. Subchapter C. Chapter 54, Property Code governs the rights and obligations of the parties
regarding Landlords Tien. Landlord may collect a charge for packing. removing. or storing property seized
in addition to anv other amounts Landlord is entllled to receive. Landlord may sell or dispose of any seized
property in accordance with the provisions of&54.Qg. Property Code.
24.SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and
inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (n) all advances
made under any such lien or encumbrance; (nil the interest payable on any such lien or encumbrance; (iv)
any and all renewals and extensions of any such lien or encumbrance; (v)any restrictive covenant; and(vi)
the rights of any owners' association affecting the Property.
25.CASUALTY LOSS OR CONDEMNATION: Section 92.054, Properly Code governs the rights and
obligations of the parties regarding a casualty loss to the Property. Arry proceeds, payment for damages,
settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole
property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss.
26.SPECIAL PROVISIONS:
The provisions of this Lease aro subject to the provisions of the Agreement.
27. DEFAULT:
A. if Landlord fails to comply with this lease,Tenant may seek any relief provided by law.
B. If Tenant fails to timely pay all amounts due under this lease or otherwise fads to comply with this lease,
Tenant will be in default and:
(TAR-2001)10-14-03 To. & Landlord or Landlord's Representative: Page 11 of 14
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Sep 30 05 04:44p Erma Bonner Platte 817-536-9424 p.13
Residential Lease concerning:929 E Lsuch
(1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one
day written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be
accelerated without notice or demand;
(3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or
the Property Code; and
(4) Tenant wiU be liable for.
(a) any lost rent;
(b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising
fees, utility charges, and other fees reasonably necessary to relet the Property;
(c) repairs to the Property for use beyond nominal wear and tear,
(d) all Landlords costs associated with eviction of Tenant, including but not limited to attorney's
fees,court costs, costs of service, and prejudgment interest;
(e) ail Landlord's costs associated with collection of amounts due under this lease, including but not
limited to collection fees, late charges, and rebzmd check charges;and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 278(1)may be by any means permitted by§24.005, Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet
the Property to acceptable tenants and reducing Tenant's liability accordingly.
28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date
unless: (i) renewed under Paragraph 4; (i7 extended by written agreement of the parties;or(m)terminated
earlier under Paragraph 27, by agreement of the parties,applicable law,or this Paragraph 28.
A. Military: Tenant may terminate this lease if: (i) Tenant is or becomes member on active duty of the
United States uniformed services (the armed forces or the commissioned corps of the NOAA or PHS);
and (ii) Tenant receives permanent change of station (PCS) orders or deployment orders for not less
than 90 days. To terminate this lease under this paragraph, Tenant must deliver to Landlord: (i) a copy
of the orders; and (ii) written notice of termination that specifies the effective date of termination which
may not be earlier than 30 days after the first date on which the next rental payment is due after the
date the notice is delivered. This paragraph does not apply to orders authorizing base or post housing.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord's written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 288, Tenant may attempt
to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not
obligated to, attempt to find a replacement tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a
tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or
otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an
assignment of this lease in a form approved by Landlord.
(4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the
Property, Tenant will pay Landlord:
(a) if Tenant procures the assignee,subtenant, or replacement tenant:
e% (i) $WA
❑ (Iii) %of one's month rent that the assignee, subtenant,or,replacement tenants to pay.
(TAR-2001)1 0-14-03 Tenants & Landlord or Landlord's Repnmentatim Page 12 of 14
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Sep 30 05 04:45p Erma Bonner Platte 817-536-9424 p.14
ResiderrUal Lease conceming:90 E Duda
(b) if Landlord procures the assignee,subtenant, or replacement tenant:
X3 (1) $WA
O (ii) %of one's month rent that the assignee, subtenant, or replacement tenant is to pay.
(5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from
Tenant's obligations under this lease because of an assignment or sublease. An assignment of this
lease or a sublease of this lease without Landlord's written consent is voidable by Landlord.
29.ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees,
costs of service,and all other costs of the legal proceeding from the non-prevailing party.
30.REPRESENTATIONS: Tenants statements in this lease and any application for rental are material
representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If
Tenant makes a misrepresentation in this lease or in an application for rental,Tenant is in default.
31.ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's
discretion, amend from time to time.
32. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by
mail,or sent by facsimile transmission to:
Tenant at the Properly and a copy to: Landlord Go:
Erma Bonner-Piaftb,Bonner Real Eshft Agency
406 Rol ft Hills Drive
Fort Worth,Texas 76119
Phone: Phone:817-536.8619
Fax: Fax:617536-9424
33.AGREEMENT OF PARTIES:
A. Entire ftreement There are no oral agreements between Landlord and Tenant. This lease contains
the entre agreement between Landlord and Tenant and may not be changed except by written
agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their
respective heirs,executors, administrators, successors,and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for ail provisions of this lease. Any act or
notice to, refund to,or signature of,any one or more of the Tenants regarding any term of this lease, its
extension, its renewal, or its termination is binding on all Tenants executing this lease.
D. Waiver. Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will
not be deemed to be a waiver of any other breach by Tenant or any other right in this lease.
E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this
lease will not be affected and all other provisions in this lease wil remain enforceable.
F. Controlling Law. The laws of the State of Texas govern the interpretation, validity, performance, and
enforcement of this tease.
(TARr2001)10-14.03 Twwts: 81 Landlord or Lerxllord's Mpvsentabve: Page 13 of 14
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Sep 30 05 04:45p Erma Bonner Platte 817-536-9424 p.15
Residential Lease concerning:929 E. Lauda
G. Coovriaht If an active REALTOR® member of the Texas Association of REALTORS* or an active
member of the State Bar of Texas does not negotiate this lease as a party or ibr one of the parties,
either as a party's broker or attorney,this lease is voidable at will by Tenant.
34.INFORMATION:
A. Future inquires about this lease, rental payments, and security deposits should be directed to the
person listed for receipt of notices for Landlord under Paragraph 32.
B. it is Tenant's responsibility to determine, before signing this lease, if: (I) all services (e.g., utilities,
connections, schools, and transportation) are accessible to or from the Property; (ii)such services are
sufficient for Tenant's needs and wishes;and(iii)Tenant is satisfied with the Property's condition.
C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any
lien against the Property.
D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies.
E. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named
Wow to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii)
permit the named person to remove Tenant's personal property; and (iii) refund the security deposit,
less deductions,to the named person. Section 92.014, Property Code governs procedures to follow in
the event of a tenant's death.
Name: Erma Bonner-Platte,Bonner Real Estate Agency Phone:817-636.8919
Address: 4526 Rolling Hills Fart Worth,Texas 76119
E-Mail:elarus@oharter.net
F. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that
Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents
that Tenant D intends U does not intend to purchase such insurance.
G. Landlord's broker, Ery Bonner-Platte,Bonner Real Estate Agency,4526 Rolling Hips Fort Worth,Texas 76119
will O will not act as the property manager for landlord.
H. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT
CAREFULLY. If you do not understand the effect of this lease, consult your attorrmey BEFORE signing.
Landlord Date Tenant Date
Landlord4626 Roiling Hdis Drive,Fort Worth,Texas 7 Date Tenant Date
Or signed for Landlord under written property management
agreement or power of attorney: Tenant Date
Primed Name: Tenant Data
Firm Name:
(TAR-2001)10-14-03 Page 14 of 14
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EXHIBIT "E"
TENANCY ADDENDUM
1. KATRINA Interim Shelter Program
a. Owner is leasing the unit ("Housing Unit') 4. Rent to Owner
as described in the lease to which this a. The initial rent to Owner may not exceed the
addendum is attached ("Lease Contract") to amount approved by City in accordance with
the tenant for occupancy by the tenant's Program requirements.
family with funding for a tenancy under the b. Changes in the rent for any Housing Unit
Katrina interim shelter program("Program") shall be determined by the provisions of the
of the City of Fort Worth,Texas("City"). Lease Contract. However, Owner may not
b. Owner has entered into an Interim Shelter raise the rent during the initial term or any
Agreement ("Agreement") with City for the renewal term of the Lease Contract.
Program. Under the Agreement, City will
make Program payments to Owner to assist 5. Tenant Payment to Owner
the tenant in leasing the Housing Unit from a. Each month, City will make a Program
Owner. payment to Owner on behalf of tenant in
accordance with the Agreement. The
2. Lease monthly Program payment shall be applied
a. Owner will give City a copy of the executed to the monthly rent to Owner for the
Lease Contraci, including any revisions Housing Unit,
agreed by Owner and the tenant. Owner c. The tenant is not responsible for paying the
certifies that the terms of the Lease Contract portion of rent to Owner covered by City
are in accordance with all provisions of the Program payment under the Agreement
Agreement and that the Lease Contract between Owner and City. An uncured
includes this tenancy addendum. failure by City to pay the Program payment
b. The tenant and Owner shall have the right to to Owner is ground for Owner to terminate
enforce this Tenancy Addendum against the the tenancy for nonpayment of City Program
other party. If there is any conflict between payment, however, tenant shall not be
the Tenancy Addendum and any other obligated for any rent deficiency.
provisions of the Lease Contract, the d. Owner may not charge or accept, from the
language of the Tenancy Addendum shall tenant or from any other source, any
control. payment for rent of the Housing Unit in
addition to the rent amount set forth in the
3. Use of Housing Unit Lease Contract. Rent to Owner includes all
a. During the Lease Contract term, the tenant housing services, maintenance, utilities and
will reside in the Housing Unit with appliances to be provided and paid by
Program payments from City. Owner in accordance with the Lease
b. The composition of the tenant's household Contract.
must be approved by City. The tenant must
promptly inform City of the birth, adoption
or court-awarded custody of a child by 6. Other Fees and Charges
tenant or any person residing in tenant's a. Rent to Owner does not include cost of any
Housing Unit. Other persons may not be meals or supportive services or furniture
added to the household without prior written which may be provided by Owner.
approval of Owner and City. b. Owner may not require the tenant or tenant's
c. The Housing Unit may only be used for family members to pay charges for any
residence by the tenant's family. The unit meals or supportive services or furniture (if
must be the family of tenant's only any), which are to be provided by Owner
residence. Members of the household may pursuant to the Lease Contract.Nonpayment
engage in legal profitmaking activities to the of any such charges is not grounds for
extent permitted in the Lease Contract. termination of tenancy.
d. The tenant may not sublease or let the unit. c. Owner may not charge the tenant extra
e. The tenant may not assign the Lease amounts for items customarily included in
Contract or transfer the unit. rent to Owner in the locality, or provided at
no additional cost to unsubsidized tenants in if any member of the tenant's
the premises. household, a guest or another person
under a tenant's or resident's control
7. Maintenance, Utilities, and Other commits any of the following types of
Services criminal activity:
a. Maintenance (a) Any criminal activity that
(1) Owner must maintain the unit and threatens the health or safety
premises in accordance with the MAS of, or the right to peaceful
(as defined in the Agreement). enjoyment of the premises by,
(2) Maintenance and replacement other residents (including
(including redecoration) must be in property management staff
accordance with the standard practice residing on the premises);
for the building concerned as (b) Any criminal activity that
established by Owner. threatens the health or safety
b. Utilities and appliances of, or the right to peaceful
(1) Owner must provide all utilities enjoyment of their residences
needed to comply with the MAS. by, persons residing in the
(2) Owner is not responsible for a breach immediate vicinity of the
of the MAS caused by the failure to: premises;
(a) Pay for any utilities that are to (c) Any violent criminal activity
be paid by City. on or near the premises;or
(b) Provide and maintain any (d) Any drug-related criminal
appliances that are to be activity on or near the
provided by or on behalf of the premises.
tenant. (2) Owner may terminate the tenancy
(3) Tenant damage. Owner is not during the term of the Lease Contract
responsible for a breach of the MAS if any member of the household is:
because of damages beyond normal (a) Fleeing to avoid prosecution,
wear and tear caused by any member or custody or confinement
of the household or by a guest. after conviction,for a crime,or
(4) Housing services. Owner must attempt to commit a crime,that
provide all housing services as agreed is a felony under the laws of
to in the Lease Contract. the place from which the
individual flees;or
8. Termination of Tenancy by Owner (b) Violating a condition of
a. Requirements. Owner may only terminate probation or parole under
the tenancy in accordance with the Lease Federal or State law.
Contract and FEMA or HUD requirements. (3) Owner may terminate the tenancy for
b. Grounds. During the term of the Lease criminal activity by a household
Contract (the initial term of the Lease member of tenant's Housing Unit in
Contract or any extension term), Owner may accordance with this section if Owner
only terminate the tenancy because of. determines that the household
(1) Serious or repeated violation of the member has committed the criminal
Lease Contract; activity, regardless of whether the
(2) Violation of Federal, State, or local household member has been arrested
law that imposes obligations on the or convicted for such activity.
tenant in connection with the (4) Owner may terminate the tenancy
occupancy or use of the unit and the during the term of the Lease Contract
premises; if any member of the household has
(3) Criminal activity or alcohol abuse (as engaged in abuse of alcohol that
provided in paragraph c); or threatens the health, safety or right to
(4) Other good cause (as provided in peaceful enjoyment of the premises
paragraph d). by other residents.
c. Criminal activity or alcohol abuse. d. Other good cause for termination of
(1) Owner may terminate the tenancy tenancy. After the initial Lease Contract
during the term of the Lease Contract term, such good cause includes:
(a) The tenant's failure to accept origin, familial status or disability in connection
Owner's offer of a new Lease with the Lease Contract.
Contract or revision;
(b) Owner's desire to use the unit 14. Conflict with Other Provisions of Lease
for personal or family use or Contract
for a purpose other than use as a. The terms of the Tenancy Addendum are
a residential Housing unit;or prescribed by City as a condition for
(c) A business or economic reason assistance to the tenant and tenant's family
for termination of the tenancy under the Program.
(such as sale of the property, b. In case of any conflict between the
renovation of the unit, Owner's provisions of the Tenancy Addendum as
desire to rent the unit for a required by City,and any other provisions of
higher rent). the Lease Contract or any other agreement
e. Eviction by court action. Owner may only between Owner and the tenant, the
evict the tenant by a court action. requirements of this Tenancy Addendum
f. Owner notice of grounds shall control.
(1) At or before the beginning of a court c. In case of any conflict between the
action to evict the tenant,Owner must provisions of the Agreement and the
give the tenant a notice that specifies Tenancy Addendum or Lease Contract, the
the grounds for termination of Agreement shall control.
tenancy. The notice may be included
in or combined with any Owner 15. Changes in Lease Contract or Rent
eviction notice. a. The tenant and Owner may not make any
(2) Owner must give City a copy of any change in the Tenancy Addendum.
Owner eviction notice at the same However, if the tenant and Owner agree to
time Owner notifies the tenant. any other changes in the Lease Contract,
(3) Eviction notice means a notice to such changes must be in writing, and Owner
vacate, or a complaint or other initial must immediately give City a copy of such
pleading used to begin an eviction changes. The Lease Contract, including any
action under State or local law. changes, must be in accordance with the
requirements of the Tenancy Addendum.
9. Lease: Relation to Agreement b. In the following cases, tenant-based
If the Agreement terminates for any reason, the assistance shall not be continued unless City
Lease Contract terminates automatically. has approved a new tenancy in accordance
with Program requirements:
10. City Termination of Assistance (1) If there are any changes in Lease
City may terminate Program assistance for the Contract requirements governing
tenant for any grounds authorized in accordance tenant or Owner responsibilities for
with the Agreement requirements. If City utilities or appliances; or
terminates Program assistance for the tenant (2) If there are any changes in Lease
and/or tenant's family, the Lease Contract Contract provisions governing the
terminates automatically. term of the Lease Contract.
c. City approval of the tenancy, and execution
11. Tenant Move Out of a new Agreement, are not required for
The tenant must notify City and Owner before agreed changes in the Lease Contract other
the occupants move out of the Housing Unit. than as specified in paragraph b.
d. Owner must notify City of any changes in
12. Security Deposit the amount of the rent to Owner at least 35
Owner may NOT collect a security deposit from days before any such changes go into effect,
the tenant. and the amount of the rent to Owner
following any such agreed change may not
13. Prohibition of Discrimination exceed the reasonable rent for the unit as
In accordance with applicable equal opportunity most recently determined or redetermined
statutes, Executive Orders, and regulations, by City in accordance with HUD
Owner must not discriminate against any person requirements.
because of race, color, religion, sex, national
16. Notices Any notice under the Lease Contract by the
tenant to Owner or by Owner to the tenant must
be in writing.
TENANT(S)
OWNER