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HomeMy WebLinkAboutContract 59685CSC No. 59685 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WO TH AND THE LO N AL LP GA This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WO TH ("City"), a Texas home rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and THE LO N AL LP ("LandlordGAand acting by and through, MADISON HOVDA, its Authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party's performance, agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 2-bedroom apartment ("Lease"). The unit is located at 76021("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on May 17, 2023 and shall expire on June 29, 2024, unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms and conditions, provided however that the rental rate and any amounts payable by City shall be OFFICIAL RECORD Rental Assistance Landlord Agreement CITY SECRETARY Page 1 of 13 FT. WORTH, TX provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Payable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $1,445.00 per month for the Unit. During the Initial Term, from May 17, 2023 to May 31, 2023, Tenant shall be responsible for $0.00 per month for the Unit. Beginning June 1. 2023 and expiring June 29, 2024 the Tenant shall be responsible for $261.00 of rent per month for the Unit. During the Initial Term, from May 17, 2023 to May 31, 2023, City shall pay $1,445.00 towards the Tenant's Total Rent. From June 1, 2023 and until either this Agreement expires or Landlord is notified by City otherwise, City shall pay $1,184.00 toward the Tenant's Total Rent for the Unit ("City Portion"). Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord shall be paid under this Agreement on or about the first day of the month for which the payment is due. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. Rental Assistance Landlord Agreement Page 2 of 13 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of termination of this Agreement, Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of this Agreement, the only remedv Landlord may assert for anv claim, no matter the kind or character, arising out of this Agreement is for the Citv Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES Rental Assistance Landlord Agreement Page 3 of 13 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REQUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or Rental Assistance Landlord Agreement Page 4 of 13 (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Rental Assistance Landlord Agreement Page 5 of 13 Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTYLOSS, PROPERTYDAMAGEAND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL Rental Assistance Landlord Agreement Page 6 of 13 PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BYLANDLORD. Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Fernando Costa, Assistant City Manager To LANDLORD: THE LOGAN AL LP 1404 SIERRA SPRINGS DR Fort Worth, TX 76021 Rental Assistance Landlord Agreement Page 7 of 13 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Rental Assistance Landlord Agreement Page 8 of 13 Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A Rental Assistance Landlord Agreement Page 9 of 13 letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a "company" under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Rental Assistance Landlord Agreement Page 10 of 13 Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: 7�_ By: Name: Fernando Costa Title: Assistant City Manager Date: Jun 30, 2023 APPROVAL RECOMMENDED: By: U Name: Victor Turner Title: Director, Neighborhood Services Department a4g40R ��� ATTEST: p F F T�°9�d �o OvI gSp o. V d da>L nEaAS�bp By: Name: Jannette Goodall Title: City Secretary LANDLORD: AfhGeti Ma&a By: Ashley MaYding (Jun 28, 2023' 34 CDT) Name: ASHLEY MADDING Title: PROPERTY MANAGER Date: J u n 28, 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. BY J o&t- GJGt z-4/ Name: Cyndee Garza Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: By: uJ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0569 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A CoDv of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 This Lease is valid only if filled out before January 1, 2024. ,,.:,A�,�,,�Rlan:•N rnstir>t:,,er,c,. Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we," "us," and "our" refer to the owner listed below. PARTIES Residents LEASE DETAILS A. Apartment (Par.2) Street Address: Apartment No. 06/29/2024 F. Notice of Termination or Intent to Move Out (Par. 4) A minimum of 60 days'written notice of termination or intent to move out required at end of initial Lease term or during renewal period Note that this amount does not D. Prorated Rent include any Animal Deposit, which If the number of days isn't filled in, notice of at least 3o days would bereflected inanAnimal isrequired. $ 699.19 Addendum, 0 due for the remainder of 1st month or ❑ for 2nd month E. Security Deposit (Par. 5) $ 0.00 G.Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee M 10 90 of one month's monthly base rent or O %of one month's monthly base rent for days or ❑ $ 75.00 O $ 15.00 for days Due if rent unpaid by 11:59 p.m. on the 3rd lard or greater) day of the month H. Returned Check or Rejected J. Optional Early Termination Fee (Par. 7.2) K. Animal Violation Charge (Par. 12.2) Payment Fee (Par. 3.4) $ 1445.00 Initial charge of$ 100.00 per animal (not $ 100.00 Notice of 60 days is required. to exceed $100 per animal) and You arenoteligible forearly termination if Adailychargeof$ 10.00 peranimal 1. Reletting Charge (Par. 7.1) you are in default. (not to exceed $10 per day per animal) A relettin charge of $ 122 B . 25 9 9 Fee must be paid no later than 30 days after you give us notice (not to exceed 85% ofthe highest monthly Rent during the Lease term) Ifvaluesare blank or"0,"then this section does may be charged in certain default notopply. situations L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 0.00 Cable/satellite $ Trash service $ 30.00 Internet $ Package service $ 5.00 Pest control $ 6.00 Storage $ Stormwater/drainage $ Washer/Dryer $ Other: Common Area Maintenance $ 10.00 Other: $ Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5) Special Provisions. See Par.32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. A artment Lease Contract®2022,T xas Apartment Association, Inc. �� �0, Ifis 5/17/2023 5/17/2023 5/17/2023 Page 1 d6 Definitions. The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign the Lease and are authorized to live In the apartment. 1.2. "Occupants" are those listed inthis Lease who are also autho- rized to live in the apartment, but who do not sign the Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" in this Lease means"including but not limited to.' 1.5. "Community Policies" are the written apartment rules and policies, including property signage and instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. 2, Apartment. You are leasing the apartment listed above for use asa private residence only. 2.1. Access. In accordance with our Community Policies, you'll receive access information or devices for your apartment and mailbox, and other access devices Including: Fi tnes s 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations oraccredi- tations associated with the property are subject to change. 3. Rent. You mustpayyourRenton orbefore the lstdayofeach month (due date) without demand. There are no exceptions regarding thepayment ofRent, andyou agree notpaying Rent an or before the 7st of each month is a material breach of this Lease. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. Payments. You will pay your Rent by any method, manner and place we specify in accordance with our Community Policies. Cash Is notacceptable without ourprior written permission. You cannot withhold or offset Rent unless authorized bylaw. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless ofour performance. When we receive money, other than water and wastewater payments subjectto government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent, We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. Late Fees. Ifwe don't receive your monthly base rent in full when it's due, you must paylate fees as outlined in Lease Details. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees if applicable, until we receive full payment in an acceptable method. Utilities and Services. You'll pay for all utilities and services, related deposits, and anycharges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. If your electricity is interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notifythe provider of your move - out date. If you delay getting service turned on in your name by the Lease's start date or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable forthe charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. Ifyour apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out. Lease Changes. Lease changes are only allowed during the Lease term or renewal period ifgoverned by Par.10, specified In Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice contained inBoxFonpagel in writing from us to you. Your new Lease, which may include increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as required by Par. 25 and specified on page 1. If the numberofdays Isn'tfilled in, no- tice of at least 3o days is required. Security Deposit. The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit will be designated in an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must aiveusvouradvance notice of move out as provided by Par. 25 and forwarding address in writina to receive a written description and itemized list of charaes or refund. In accordance with our CommunityPolfcies and as allowed bylaw, we may deduct from your security deposit any amounts due under the Lease. ►f you move out early or in response to a notice to vacate. vou'll be liable forrekevina charaes. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no laterthan 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one paymentjointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance. Ourinsurance doesn't cover the loss ofordamage to yourpersonalproperty. You will be required to have liability insur- ance as specified in our Community Policies or Lease addenda un- less otherwise prohibited bylaw. lfyou have insurance covering the apartment or your personal belongings at the time you or we suffer or allege a loss, you agree to require your insurance carrier to waive any insurance subrogation rights. Even if not required, we urge you to obtain your own insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrences. Most renter's insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not beter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable fora reletting charge as listed in Lease Details, (not to exceed 85%ofthe highest monthly Rent during the Lease term) if you: (A) fall to move in, or fail to give written move -out notice as required In Par. 25, (B) move out without paying Rent in full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. The reletting charge is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident.These damages are uncertain and hard to ascertain —particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages and thatthe charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Procedures. In addition to your termination rights referred to in 7.3 or 8.1 below, ifthis provision applies under Lease Details, you may terminate the Lease prior to the end of the Lease term if all of the following occur. (a) as outlined in Lease Details, you give us written notice of early termination, pay the early termination fee and specify the date bywhich you'll move out, (b) you are not in default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term, ifyou are in default, the Lease remedies apply. 7.3. Special Termination Rights. You mayhave the right under Texas law to terminate the Lease earlyin certain situations Involving military deployment or transfer, family violence, certain sexual offenses, stalking or death of a sole resident. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's holding over.This Lease will remain in force subject to (1) abatement of Renton a daily basis during delay, and (2) your right to terminate the Lease In writing as set forth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving Into the apartment. 8.1. Termination, Ifwe give written notice to you of a delay in occupancy when or after the Lease begins, you may termi- nate the Lease within 3 days after you receive written notice. Ifwe give you written notice before the date the Lease begins and the notice states that a construction or other delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of anydeposit(s) and any Rent you paid. A15/17/2023 artment 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the apartment community because of a Lease or Community Policies violation; Improper use, negligence, or other conduct by you, your invitees, your occupants, or your guests; or, as allowed bylaw, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction. Unless damage or wastewaterstoppage is due to our negligence, we're not liable for —and you mustpay for —repairs and replace- ments occurring during the Lease term orrenewal period, includ- ing: (A) damage from wastewaterstoppages caused by improper objects in lines exclusive/yserving your apartment, (B) damage to doors, windows, orscreens,, and (C) damage from windows or doors left open. 10. Community Policies. Community Policies become part ofthe Lease andmustbe followed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately if the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts in Lease Details. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our sole judgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than 3 days in one week without our prior written consent, and no more than twice that many days in any one month. If the previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days if you or any of your occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors and Noise. You agree that odors, smoke and smells including those related to cooking and everyday noises or sounds are all a normal part of a multifamily living environment and that it is impractical for us to prevent them from penetrating your apartment. 11. Conduct, You agree to communicate and conduct yourselfin a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or In a way that may alarm others; (b) behaving Ina loud, obnoxious or dangerous manner, (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations, (e) storing anything In closets containing water heaters or gas appliances, (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials into the apartment community, (h) using windows for entry or exit; (1) heating the apartment with gas -operated appliances; Q) making bad -faith or false allegations against us or our agents to others; (k) smoking of any kind, that is not in accordance with our Community Policies or Lease addenda; (1) using glass containers in or near pools, or (m) conducting any kind of business (including child-care services) in your apartment or In the apartment community —except for any lawful business conducted 'at home" by computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures ofanykindare allowed, even tempo- rarily, anywhere in the apartment orapartment communityun- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, Including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral orwlld animals is a breach ofthis Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. Ifyou or any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought Into your apartment until it is removed. Van animal has been in the apartment at anytime during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and daily animal -violation charges and animal -removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes oftransportation, Including bicycles and scooters, in our Community Policies. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not in compliance with our Community Policies. 14. When We May Enter. Ifyou or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes if written notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. A artment Lease Contract 02022,Texas Apartment Association, Inc. 5/17/2023 Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. Written Re q u ests Re q u I red. Ifyo u or any a ccupan t n eeds to send a request —for example, for repairs, installations, services, own ershlp disclosure, or security -related matters — it must be written and delivered to our designated representative in accordance with our Community Policies (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within aursole discretion. 15.2. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other condition that poses a hazard or threat to property, health, or safety. Unless we instruct otherwise, you are required to keep the apartment cooled or heated according to our Community Policies. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn offequipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. 'Reasonable time' accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities, Ifwefail totimely repair acondition that materially affects the physical health or safety ofan ordinary resident as required by the Texas Property Code, you maybe entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas Property Code. I f you follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination of the Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92.0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; and 4) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our sole judgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove your personal property if, in our sole judg- ment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your rightto possession by giving you at least 30 days' written notice of termination if we are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll nav for missina security de- vices that are rea uired by law. You'll oav for: (A) rekevina that you request (unless we failed to rekev after the previous resi- dent moved outi: and (B) renairs or reolacements because of misuse ordamaae bvvou orvour familv.vouroccunants. orvour quests. Youmustpayimmediatelyaftertheworkisdoneunlessstate law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a windowlatch on each window; (B) a doorviewer(peep- hole orwindow) on each exteriordoor, (C) a pin lockon each sliding door, (D) either a door -handle latch or a security baron each sliding door, (E) a keyless bolting device (deadbolt) on each exterior door; and (F) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the prior resident moves out. The rekeying will be done either before you move in or within 7 days after you move in, as required bylaw. If we fail to in- stall orrekey security devices as required by law, you have the right to do so and deduct the reasonable cost from yournext Rent pay- ment under Texas PropertyCode sec. 92.165(1). We may deactivate or not install keyless bolting devices on yourdoors if(A)you or an occupant in the dwelling is over55 ordisabled, and (B) the require- ments ofTexas PropertyCode sec. 92,153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession ofyour apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. If you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you maybe liable to us under Texas Property Code sec.92.2611 for$100plusone month'sRent actualdamages,and attorneysfees. 18.2. Dutyto Report. You must immediately reportto us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable ifyou fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, orwater. 19. Resident Safety and Loss. Unless otherwise requiredbylaw, none ofus, ouremployees, agents, ormanagement companies are liable to you,yourguests or occupants forany damage, personal injury, loss to personal property, orloss of business orpersonal income, from anycause, including butnotlimited to: negligentor intention- alacts ofresidents, occupants, or guests, theft, burglary, assault vandalism orother crimes, fire, flood, water leaks, rain, hail, Ice, snow, smoke, lightning, wind, explosions, interruption ofutilities, pipe leaks or other occurrences unless such damage, injuryorloss is caused exclusively byournegligence. We do not warrant security of any kind. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, anyfalse alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1. As -Is. We disclaim all Implied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given an Inventory and Condition Form at or before move -in. You agree that after completion of the form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition ofthe premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment. Unless our Community Policies state otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves ofwood- paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, A artment Lease Contract®2022,Texas Apartment Association, Inc. V 4d� is 5/17/ of 6 cameras, video or other doorbells, or lock changes, additions, or rekeying is permitted unless required by law orwe've consented in writing. You may install a satellite dish or antenna, but only if you sign our satellite -dish or antenna lease addendum, which complies with reasonable , restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and Intent to move out under Par.7.3. All notices and documents will be in English and, at our option, in any other language thatyou read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with our Community Policies, electronic notice from you to us must be sent to the email address and/or portal specified in Community Policies. Notice may also be given by phone call or to a physical address if allowed in our Community Policies. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. EVICTION r REMEDIES 22. Liability, Each resident Is jointly and severally liable for all Lease obligations. Ifyou or any guest or occupant violates the Lease or our Community Policies, all residents are considered to have violated the Lease. 22.1. Indemnification byYou.Youlldefend,indemnifyandhold us and ouremployees, agents, andmanagement company harmless from allliabilityarising from yourconductor requests to ourrepresentatives and from the conduct ofor requests by yourinvitees, occupants orguests. 23. Default by Resident. 23.1. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give incorrect, incomplete, or false answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense involving actual or potential physical harm to a person, or Involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined In the Texas Controlled Substances Act, or (2) any sex - related crime, including a misdemeanor. 23.2. Eviction. lfyoudefault, including holding over, wemay endyour right of occupancy by giving you at least a 24- hourwritten notice to vacate. Termination ofyour possession rights doesn't release you from liability for future Rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, we maystill accept Rent or other sums due, the filing or acceptance doesn't waive or diminish our right of eviction orany other contractual or statutory right. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings, In an eviction, Rent is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due if, without our written consent: (A) you move out, remove property in preparing to move out, or you or any occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated ifyou'rejudicially evicted or move out when we demand because you've defaulted. A is rtment Lease contract ©2022, TexApartm ent ment Association, Inc. �� g aF 2023 If you don't pay the first month's Rent when or before the Lease begins, all future Rent for the Lease term will be automatically accelerated without notice and become immediately due. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained in: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or increase the Rent by 25% by delivering written notice to you oryour apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree thatwe or the debt collector may contact you by any legal means.lfyou default, you will pay us, in addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may recover attorney's fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees ifyou fall to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added ifyou don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives'Authorityand Waivers, Our representatives (in- cluding managementpersonnel, employees, and agents) have no authority to waive, amend, or terminate this Lease oranyport ofit unless in writing and signed, and no authority to make promises, rep- resentations, oragreements that impose security duties orotherob- ligations on us orour representatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of any subsequentviolation, default, or time or place of performance. Our choice to enforce, not enforce ordelayenforcement ofwritten-no- tice requirements, rental due dates, acceleration, liens, oranyother rights isn'ta wa)verunderany circumstances. Delay in demanding sums you owe is not a waiver. Except when notice or demand is required by law,you waive any notice and demand for performance from us ifyou default. Nothing in this Lease constitutes a waiver of our remedies fora breach underyour prior lease that occurred before the Lease term begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the owners lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonliabiIIty or non duty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acti ng on our behalf. ENDOFTHELEASETERM 25. Move -Out Notice. Before moving out, you must give our represen- tative advance written move -out notice as stated in Par. 4, even if the Lease has become a month -to -month lease. The move -out date can't be changed unless we and you both agree in writing. Your move -out notice must comply with each of the following: (a) Unless we require more than 30 days' notice, ifyou give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate the Lease before the end ofthe Lease term or renewal period. (c) Ifwerequire you togive usmore than 30days'written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fail to give a reminder notice, 30 days' written notice to move out Is required. (d) You must get from us a written acknowledgment of your notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions if they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges —including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Page 5 of 6 26.2. Move -Out In spection. We may, but are not obligated to, provide a joint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living in the apartment in our reasonablejudgment; or (B) apartment keys and ac- cess devices listed in Par.2.1 have been turned in to us —whichever happens first. You have abandoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (B) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we considerthe apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions, and remove or store property left in the apartment. 27.2. Removal and storage of Property. We, or lawofficers, may — but have no duty to —remove or store all property that in our solejudgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or if you surrender or abandon the apartment. We're not liable for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment, or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. GENERAL PROVISIONS AND SIGNATURES 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association for the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease Is voidable at your option and is unenforceable by us (except for property damages), and (B) we may not recover past or future rent or other charges. The above remedies also apply if both ofthe following occur: (1) the Lease is automatically renewed on a month -to -month basis more than once after membership in TAA and the local association has lapsed; and (2) neither the owner nor the man- agement company Is a member ofTAA and the local association during the third automatic renewal. A signed affidavit from the affiliated local apartment assoclation attesting to nonmembership when the Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entitles may use TAA forms if TAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Seve rabiIity and Surviva b 111 ty. If any provision of this Lease is invalid or unenforceable under applicable law, it won't invalidate the remain- der of the Lease or change the intent of the parties. Paragraphs 10.1, 10.2,16, 27 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 31. Waivers. By signing this Lease, you agree to the following: 31.1. Class Action Waiver. You agree that you will not participate in any class action claims against us or our employees, agents, or management company, You must file any claim against us individually, and you expressly waive your right to bring, represent, join or otherwise maintain a class action, collective action or similar proceeding against us in anyforum. YOU UNDERSTAND THAT, WITHOUTTHIS WAIVER. YOU COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. 31.2. Force Majeure.lfweare prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond our control, including but not limited to, an act of Gad, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions in this Lease. Rent Service fee will be on monthlv utilitv bill for $0.49. No cash accepted. Late Rent — Certified Funds Onlv. Before submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. You are bound by this Lease when it is signed. An electronic signature is binding. This Lease is the entire agreement between you and us. You are NOT relying on any oral representations. Resident orResidents (all sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (signing on behalf ofowner) Apartment Lease Conl,dct,TAA0f1C1,1 Statewide Form 22-AB-IB-2 Revised lul,2022 Page 6 of 6 IHEADOFHOUSEHOLD A/, 17/2023 AT 11:13AM CDT IIATW Animal Addendum TEXAS APAR'I'MEN'P ASSOCIA'HON Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do not properly control and care for an animal, you'll be liable if it causes damage or disturbs other residents. Dwelling Unit. Unit# at (street address) in (city),Texas (zipcode). 2. Lease. Owner's name: The Logan Al LP Residents (listailresidents): 3. Conditional Authorization for Animal. You may keep the animal or animals described below in the dwelling until the Lease expires. We may terminate this authorization sooner if your right of occupancy is lawfully terminated or if in ourjudgment you, your animal, your guest, or any occupant violates any of the rules in this addendum. 4. Animal Deposit. You must pay a one-time animal deposit of $ 200.00 when you sign this addendum. This deposit is in addition to your total security deposit under the Lease, which is a general security deposit for all purposes. Refund of the total security deposit Is subject to the terms and conditions in the Lease, and this animal -deposit portion of the total deposit is not separately refund- able even ifthe animal is removed. 5. Assistance or Service Animals. When allowed by applicable laws, we may require written verification of or make other inquiries regarding the disability -related need for an assistance or service animal for a per- son with a disability. We will not charge an animal deposit, additional rent, or other fee for any authorized assistance or service animal. Ex- cept as provided by applicable law, all other provisions ofthis adden- dum apply to assistance or service animals. 6. Search and Rescue Dogs, We may ask the handler of a search and rescue dog for proof he or she is a person with a certification issued by a nationally recognized search and rescue agency before we authorize a search and rescue dog. If we authorize a search and rescue dog, we will not charge an animal deposit, additional rent or other fee for any such dog. Except as provided by applicable law, all other provisions of this addendum apply to search and rescue dogs. 7. Additional Monthly Rent. Your monthly base rent (as stated in the Lease) will be increased by $ 0.00 8. Additional Fee. You must also pay a one-time nonrefundable fee of$ 0.00 to keepthe animal in the dwelling unit.The fee is due when you sign this addendum. 9. Liability Not Limited. The additional monthly rent and additional security deposit under this Animal Addendum do not limit residents' liability for property damage, cleaning, deodorization, defleaing, re- placements, or personal Injuries, 10. Description of Animal. You may keep only the animal or animals de- scribed below. You may not substitute any other animal. Neither you nor your guests or occupants may bring any other animal —mammal, reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the dwelling or apartment community. Animal's name: Type: Breed: Color: Weight: Age' City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: 11. Special Provisions. The following special provisions control over any conflicting provisions of this addendum: Failure to remove pet waste will result in a $25.00 fine. 12. Emergency. In an emergency involving an accident or injury to your animal, we have the right —but not the duty —to take the animal to the following veterinarian for treatment, at your expense. Doctor: Address: City/State/Zip: Phone: ( 1 13. Animal Rules. You are responsible for the animal's actions at all times. You agree to follow these rules: 13.1 Shots and Licenses. The animal at all times must have current rabies shots and licenses required by law. You must show us evi- dence of the shots and licenses if we ask. 13.2 Disturbances. The animal must not disturb the neighbors or other residents, regardless of whether the animal is inside or outside the dwelling. 13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or service animals, and search and rescue dogs must be house- broken. All other animals must be caged at all times. No animal offspring are allowed. 13.4Indoor Waste Areas, Inside, the animal may urinate or defe- cate only in these designated areas: Litter Box 13.5 Outdoor Waste Areas. Outside, the animal may urinate or def- ecate only in these designated areas: Pet Waste Station or outer perimeter 13.6 Tethering. Animals may not be tied to any fixed object any- where outside the dwelling units, except in fenced yards (if any) for your exclusive use. 02022 TEXAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK 13.7 off -Limit Areas. You must not let an animal —other than an assistance or service animal —into swimming -pool areas, laun- dry rooms, offices, clubrooms, other recreational facilities, or other dwelling units besides your own, except that search and rescue dogs shall be allowed to use areas of the property ac- cessible to the general public, such as the leasing office. Cer- tain service animals in training shall also be allowed to use those areas when accompanied by an approved trainer. 13.8 Food & Water. Your animal must be fed and given water in- side the dwelling unit. You may not leave animal food or water outside the dwelling unit at anytime, except in fenced yards (if any) for your exclusive use. 13.9 Leash. You must keep the animal on a leash and under your su- pervision when outside the dwelling or in any private fenced area. We or our representative may pick up unleashed animals, report them to the proper authorities, or do both. We'll charge you a rea- sonable fee for picking up and keeping unleashed animals. 13.10Animal Waste. Unless we have designated a particular area in your dwelling unit or on the grounds for animal defecation and urination, you are prohibited from letting an animal defecate or urinate anywhere on our property and you must take the ani- mal offour propertyforthat purpose.lfwe allowanimal defeca- tion inside the unit, you must ensure that it's done in a litter box with a kitty -litter -type mix. If the animal defecates anywhere on our property (including in a fenced yard for your exclusive use), you must immediately remove the waste and repair any damage. In addition to the terms of this addendum, you must comply with all local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from time to time if we distribute a written copy of any changes to every resident who is allowed to have animals. 15. Violation of Rules. If you, your guest, or any occupant violates any rule or provision of this addendum (in ourjudgment) and we give you written notice of the violation, you must remove the animal immedi- ately and permanently from the premises. We also have all other rights and remedies set forth in the Lease, including eviction and recovering damages and attorney's fees from you. 16. Complaints About Animal. If we receive a reasonable complaint from a neighbor or other resident or ifwe, in our sole discretion, determine that the animal has disturbed neighbors or other residents, we will give you written notice and you must immediately and permanently remove the animal from the premises. 17. Our Removal of an Animal. In some circumstances, we may enter the dwelling unit and remove the animal within one day after leaving a written notice in a conspicuous place. 17.1 Causes for Removal. We can remove an animal under this para- graph if, in our solejudgment, you have; (A) abandoned the animal; (B) left the animal in the dwelling unit for an extended period of time without food or water, (C) failed to care for a sick animal; (D) violated our animal rules; OR (E) let the animal defecate or urinate where it's not allowed. 17.2 Removal Process. To remove an animal, we must follow the procedures In the Lease, and we may turn the animal over to a humane society or local authority. We'll return the animal to you upon request if we haven't already turned it over to a humane society or local authority. We don't have a lien on the animal for any purpose, but you must pay for reasonable care and ken- neling charges for the animal. If you don't pick up the animal within five days after we remove it, it will be considered aban- doned. 18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear and tear resulting from an assistance or service animal, you and all co - residents are jointly and severally liable for the entire amount of any damage the animal causes, including cleaning, defleaing, or deodor- izing. This provision applies to all parts of the dwelling unit including carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and appliances, as well as landscaping and other outside improvements. lf an 'item cannot be satisfactorily cleaned or repaired, you must pay for us to replace it. Payment for damage, repairs, cleaning, replacements, and the like are due immediately upon demand, As the owner, you're strictly liable for the entire amount of any injury that your animal causes to an- other person or to anyone's property. You indemnify us for all costs of litigation and attorney's fees resulting from any such injury or damage. 19. Move -Out Except for reasonable wear and tear resulting from an as- sistance or service animal, when you move out, you'll pay for deflea- ing, deodorizing, and shampooing to protect future residents from possible health hazards, regardless of how long the animal was there. We —not you —will arrange for these services. 20. Multiple Residents. Each resident who signed the Lease must also sign this addendum. You, your guests, and any occupants must follow all animal rules. Each resident is jointly and severally liable for dam- ages and all other obligations set forth in this addendum, even if the resident does not own the animal. 21. Dog Park. We may provide an area to be used as a dog park. While using the park, you will be required to supervise your dog, but may remove the leash. Leashes must be used while traveling to and from the park. The park is not supervised or monitored in anyway, and you use the park at your own risk. We are not liable for any injury, damage or loss which is caused as a result of any problem, defect or malfunc- tion of the park. We are also not liable for injury, damage or loss to any person, animal or property caused by any other person or animal, including, but not limited to, dog bite, trespass, assault or any other crime. Furthermore, we are not liable for any disruption in the park's operation or performance. You hereby release us and our agents, con- tractors, employees and representatives from any liability connected with the park. You agree to be responsible for any property damage caused by you, your guests or other occupants to the park. You un- derstand that participating in any activity at the park carries a risk of Injury, and you are willing to assume this risk. We make no representa- tions or warranties of any kind regarding the park. 22. General. You acknowledge that no other oral or written agreement exists regarding animals. Except for any special provisions noted in paragraph 11 above, our representative has no authority to modify this addendum or the animal rules except in writing as described under paragraph 14.This Animal Addendum and the animal rules are consid- ered part of the Lease described above. 23. Animal Restrictions. No animal will be allowed that poses a threat to any other person. You represent that your animal(s) does not pose a danger or threat of any kind to any person or property, has not dis- played vicious, aggressive or dangerous behavior; and has never be- fore injured you or any other person or animal or caused any dam- age to your property or another person's property. You affirmatively represent and warrant that you have never had a claim or lawsuit filed against you or anyone else for an injury or damage caused by or re- lated to the animal. You understand and agree that the approval of the animal to live in your apartment is expressly conditioned upon all of the forgoing being true and if you have made any misrepresentation it is a violation of the Lease. You are legally bound by this document. Please read it carefully. You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Resident or Residents (all sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (sign below) Date signed 0Oc SIGNEn TAAOfficial5tatewide Form22-E,Revised February2022 12 Copyright 2022, Texas Apartment Association, Inc, J(Iliean.s'tutur SIGNED 5/17/2023 AT 11:13AM CDT LEASE ADDENDUM FOR INTRUSION ALARM 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the The Logan AL LP Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Intrusion alarm. Your dwelling is equipped with an intrusion alarm. It must not be considered a guaranty of safety or security. You should at all times take precautions as if no intrusion alarm exists. You acknowledge that the security of you and your family, occupants, and guests are your responsibility alone. Your use of the alarm system is (check one) ❑ required or M optional. You are responsible for all fines and other charges resulting from or attributable to the alarm, including false alarm charges for your dwelling. 3. Permit from city. You (check one) M do or ❑ do not have to obtain a city permit for activation and use of the intrusion alarm. If you do, the phone number to call is (817) 952-2440 , and it is your responsibility to obtain the permit. You also will be responsible for any fines due to excessive false alarms. 4. Follow instructions. You agree to use reasonable care in operating the alarm and to follow the written instructions, rules, and procedures furnished to you by us. Instructions ❑ are attached or M will be provided to you when you move in. 5. Alarm company. You (check one) ❑ will or M will not have to make arrangements with an independent alarm company to activate and maintain the alarm system. You (check one) ❑ may choose your own alarm company or M are required to use Protection one as your alarm company. The alarm system is repaired and maintained by OFFICE 6. Entry by owner. Upon activation of the alarm system, you must immediately provide us (management) with your security code and any special alarm system instructions for lawful entry into the unit when no one is there, as authorized in your TAA Lease Contract. You must reimburse us for any expenses we incur in entering your dwelling, when those expenses are due to your failure to provide the foregoing information. T. Repairs or malfunctions. If the intrusion alarm malfunctions, you agree to (check one) ❑ contact your intrusion alarm company immediately for repair or M contact us immediately for repair. The cost of repair will be paid by (check one) ❑ you or M us. Do not tamper with the intrusion alarm system. 8. No warranty. We make no guarantees or warranties, express or implied, concerning the alarm system. All guarantees and warranties are expressly disclaimed. Crime can and does occur despite the best security measures. Anything electronic or mechanical is subject to malfunction and human error. Therefore, residents and occupants should not rely on such security systems. We are absolutely not responsible for malfunction of the alarm. 9. Liability. We are not liable to you, your guests, or other occupants for any injury, damage or loss resulting from the alarm or any malfunction of the alarm. It is strongly recommended that you purchase insurance to cover casualty loss of your property, including loss by theft. 10. Emergencies. You agree to call 911, other law enforcement authorities, or emergency medical services in the event of a crime or emergency. Then contact us. We are not required to answer the alarm, but we do have the right to enter and cut off the alarm to minimize annoyance to neighbors when it malfunctions or is not timely cut off. 11. Entire agreement. We've made no promises or representations regarding the alarm system except those in this addendum. Signatures of All Residents Signature of Owner or Owner's Representative SIGNED 5/172023AT 11:13AM CDT LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the The Loqan AL LP Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in criminal trespass. 3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked): ❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and their apartments. ❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their vehicles and their apartments. ❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing office or ❑ any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed handguns are prohibited in both). ❑ Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing office or ❑ any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked, openly carried handguns are prohibited in both). ❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm, other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain view. 4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that: (a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease or any community policies we issue; (b) you have been provided the apartment community's policy or policies concerning firearms and will follow them; (c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are and that they are subject to the same policy or policies as you; (d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal trespass under Texas law; and (e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe. 5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and agree that: (a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety; (b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation, default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice of a violation; (c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge, restrict or otherwise change the standard of care that we would have to you or any other household in the apartment community to render any areas in the apartment community any safer, more secure, or improved as compared to any other rental property; (d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved safety or security standards than any other rental property; (e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns, firearms, or other weapons; and (f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests' cooperation and compliance. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association SIGNED 5/172023AT11:13WCDT Bed Bug Addendum TEXAS AI'AR'I'All'.R'I'ASSq(:1,1'I'10�1 Please note. We want to maintain a high -quality living environment for you. It's important to work together to minimize the potential for bedbugs in your dwelling and others. This addendum outlines your responsibility and potential fiability when it comes to bedbugs. It also gives you some important information about them. 1. Addendum. This is an addendum to the Lease Contract that you, the resident or residents, signed on the dwelling you have agreed to rent. That dwelling is: Apt.ti at The Logan AL LP (name ofapartments) or other dwelling located at (street address ofhouse, duplex, etc.) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address any infestation of bed bugs (Cimex lectularius) that might be found in the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum, 3. Inspection and Infestations. We are not aware of any current evidence of bed bugs or bed -bug infestation in the dwelling. BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT: YOU HAVE INSPECTED THE DWELLING BEFORE MOVING IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES- TATIONS. OR • YOU WILL INSPECT THE DWELLING WITHIN 46 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES- TATION. You represent and agree that you have read the information about bed bugs provided by us and that you are not aware of any infesta- tion or presence of bed bugs in your current or previous dwellings, furniture, clothing, personal property and possessions and that you have fully disclosed to us any previous bed -bug infestation or issue that you have experienced. If you disclose a previous experience of bed -bug infestation,we can review documentation ofthe treatment and Inspect your personal property and possessions to confirm the absence of bed bugs. Access for Inspection and Pest Treatment. You must allow us and our pest -control agents access to the dwelling at reasonable times to inspect for or treat bed bugs. You and your family mem- bers, occupants, guests, and invitees must cooperate and not in- terfere with inspections or treatments. We have the right to select any licensed pest -control professional to treat the dwelling and building. We can select the method oftreating the dwelling, build- ing, and common areas for bed bugs. We can also inspect and treat adjacent or neighboring dwellings to the infestation, even ifthose dwellings are not the source or cause of the known infestation. Si- multaneously as we treat the dwelling, you must, at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest -control firm that we approve, If you fail to do so, you will be in default and we will have the right to terminate your right of oc- cupancy and exercise all rights and remedies under the Lease Con- tract. You agree not to treat the dwelling for a bed -bug infestation on your own. 5. Notification. You must promptly notify us: • of any known or suspected bed -bug infestation or presence in the dwelling, or in any of your clothing, furniture, or personal property; • of any recurring or unexplained bites, stings, irritations, or sores on the skin or body that you believe are caused by bed bugs, or by any condition or pestyou believe is in the dwelling; AND • if you discover any condition or evidence that might indicate the presence or infestation of bed bugs, or if you receive any confirmation of bed -bug presence by a licensed pest -control professional or other authoritative source. Cooperation. If we confirm the presence or infestation of bed bugs, you must cooperate and coordinate with us and our pest - control agents to treat and eliminate them. You must follow all di- rections from us or our agents to clean and treat the dwelling and building that are infested. You must remove or destroy personal property that cannot be treated or cleaned before we treat the dwelling. Any items you remove from the dwelling must be dis- posed of off -site and not in the property's trash receptacles. If we confirm the presence or infestation of bed bugs in your dwelling, we have the right to require you to temporarily vacate the dwelling and remove all furniture, clothing, and personal belongings so we can perform pest -control services. If you don't cooperate with us, you will be in default and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease Contract. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or in- festation of bed bugs after you move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents in order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expenses we incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate infesta- tions in other dwellings. If you don't pay us for any costs you are liable for, you will be in default and we will have the right to termi- nate your right of occupancy and exercise all rights and remedies under the Lease Contract, and we may take immediate possession of the dwelling. If you don't move out afteryour right of occupancy has been terminated, you will be liable for holdover rent under the Lease Contract. Transfers. If we allow you to transfer to another dwelling in the community because of the presence of bed bugs, you must have your personal property and possessions treated according to ac- cepted treatment methods or procedures established by a licensed pest -control professional. You must provide proof of such cleaning and treatment to our satisfaction. You are legally bound by this document. Please read it carefully. Resident or Residents (allsign below) Owner or Owner's Representative (sign below) (Name of Resident) Date signed Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Res(dent) Date signed You are entitled to receive a copyof thisAddendum afterit is fullysigned. Keep it in a safe place. 02019 TEXAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK Bed Btmgs A Guide for Rental -Housing Residents (Adapted with permission from the National ApartmentAssociation) Bed bugs are wingless, flat, broadly oval -shaped in- sects, with a typical lifespan of 6 to 12 months. Capa- ble of reaching the size of an apple seed at full growth, bed bugs are distinguishable by their reddish -brown color, although after feeding on the blood of hu- mans and warm-blooded animals —their sole food source —the bugs assume a distinctly blood -red hue until digestion is complete. Bed bugs don't discriminate. Bed bugs' increased presence acrossthe United States in recent decades is due largely to a surge in interna- tional travel and trade. It's no surprise then that bed bugs have been found in some of the fanciest hotels and apartment buildings in some of the nation's most expensive neighborhoods. Nonetheless, false claims that associate bed bugs presence with poor hygiene and uncleanliness have caused rental -housing residents, out of shame, to avoid notifying owners of their presence. This only causes the bed bugs to spread. While bed bugs are more attracted to clutter, they're certainly not discouraged by cleanliness. Bottom line: bed bugs know no social or economic bounds; claims to the contrary are false. Bed bugs don't transmit disease. There exists no scientific evidence that bed bugs carry disease. In fact, federal agencies tasked with addressing pests of public -health concern, namely the U.S. Environmental Protection Agency and the Centers for Disease Control and Prevention, have re- fused to elevate bed bugs to the threat level posed by disease -carrying pests. Again, claims associating bed bugs with disease are false. Learn to identify bed bugs. Bed bugs can often be found in, around, behind, un- der, or between: • Bedding • Bed frames • Mattress seams • Upholstered furniture, especially under cushions and along seams • Wood furniture, especially along areas where draw- ers slide • Curtains and draperies • Window and door frames • Ceiling and wall junctions • Crown moldings • Wall hangings and loose wallpaper • Carpeting and walls (carpet can be pulled away from the wall and tack strip) • Cracks and crevices in walls and floors • Electronic devices, such as smoke and carbon -mon- oxide detectors Because bed bugs leave some people with itchy welts similar to those made by fleas and mosquitoes, the cause of welts like that often go misdiagnosed. One distinguishing sign is that bed -bug marks often ap- pear in succession on exposed areas of the skin such as the face, neck, and arms. But sometimes a person has no visible reaction at all from direct contact with bed bugs. While bed bugs typically act at night, they often leave signs of their presence through fecal markings of a red to dark -brown color, visible on or near beds. Blood stains also tend to appear when the bugs have been squashed, usually by an unsuspecting sleeping host. And because they shed, it's not uncommon to find the skin casts they leave behind. Prevent bed -bug encounters when traveling. Because humans serve as bed bugs' main mode of transportation, it's especially important to be mindful of bed bugs when away from home. Experts attribute the spread of bed bugs across all regions of the Unit- ed States largely to increases in travel and trade, both here and abroad. So travelers are encouraged to take a few minutes on arriving to thoroughly inspect their accommodations before unpacking. Because bed bugs can easily travel from one place to another, it's also a good practice to thoroughly inspect luggage and belongings for bed bugs before heading home. Know the bed -bug dos and don'ts. • Don't bring used furniture from unknown sourc- es into your dwelling. Countless bed -bug infesta- tions have stemmed directly from bringing home second-hand and abandoned furniture. Unless you are absolutely sure that a piece of second- hand furniture is bed -bug -free, you should as- sume that a seemingly nice looking leather couch, for example, is sitting curbside waiting to be hauled off to the landfill because it's teeming with bed bugs. • Do inspect rental furniture, including mattresses and couches, for the presence of bed bugs before moving it into your dwelling. • Do address bed -bug sightings immediately. Rent- al -housing residents who suspect the presence of bed bugs in their unit must immediately notify the owner. • Don't try to treat bed -bug infestations yourself. Health hazards associated with the misapplica- tion of traditional and nontraditional chemical - based insecticides and pesticides poses too great a risk to you, your family and pets, and your neighbors. • Do comply with eradication protocol. If the deter- mination is made that your unit is indeed playing host to bed bugs, you must comply with the bed- bug -eradication protocol set forth by both your owner and their designated pest -management company. IHEAD OF HW 111101O ADULT COHEAD OFHOUSEHOIo AM YD Cry Ym. SIGNEDS/172023AT11:10AMCDT SIGNED S/172023 AT I"SAM COT E-0OCSIGNER 41114mSh up TAA official statewide Form 19-11, Revised October 2019 Q SIGNED 5n7r1023 AT 11:13AM COTCopyright 2019, Texas Apartment Association, Inc.. LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA Under a Federal Communications Commission (FCC) order, you as our resident have a right to install a transmitting or receiving satellite dish or antenna on the leased premises, subject to FCC limitations. We as a rental housing owner are allowed to Impose reasonable restrictions relating to such Installation. You are required to comply with these restrictions as a condition of installing such equipment. This addendum contains the restrictions that you and we agree to follow. 1. Addendum. This is an addendum to the lease between you and us for Apt. No. 1-0612 in the The Logan AL LP Apartments in Bedford Texas OR the house, duplex, etc. located at (street address) , Texas. 2. Number and size. You may install 1 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited. 3. Location. Your satellite dish or antenna must be located: (1) inside your dwelling; or (2) in an area outside your dwelling such as a balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not protrude beyond the vertical and horizontal space that is leased to you for your exclusive use. 4. Safety and non-interference. Your Installation: (1) must comply with all applicable ordinances and laws and all reasonable safety standards; (2) may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110-volt duplex receptacle. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods: (1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that lies within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods are allowed. We may require reasonable screening of the satellite dish or antenna by plants, etc., so long as it does not impair reception. S. Signal transmission from exterior dish or antenna to interior of dwelling. Under the FCC order, you may not damage or alter the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. If your satellite dish or antenna is installed outside your dwelling (on a balcony, patio, etc.), the signals received by it may be transmitted to the interior of your dwelling only by the following methods: (1) running a "flat" cable under a door jam or windowsill in a manner that does not physically alter the premises and does not interfere with proper operation of the door or window; (2) running a traditional or flat cable through a pre-existing hole in the wall (that will not need to be enlarged to accommodate the cable); (3) connecting cables "through a window pane," similar to how an external car antenna for a cellular phone can be connected to inside wiring by a device glued to either side of the window —without drilling a hole through the window; (4) wireless transmission of the signal from the satellite dish or antenna to a device inside the dwelling; or (5) any other method approved by us in writing. 6. Safety in installation. In order to assure safety, the strength and type of materials used for installation must be approved by us. Installation must be done by a qualified person or company approved by us. Our approval will not be unreasonably withheld. An installer provided by the seller of the satellite dish or antenna is presumed to be qualified. T. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment. 8. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling. In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence, carelessness, accident. or abuse which may be reasonably necessary to restore the leased premises to its condition prior to the installation of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear. 9. Liability insurance and indemnity. You must take full responsibility for the satellite dish, antenna, and related equipment. If the dish or antenna is installed at a height or in some other way that could result in injury to others if it becomes unattached and falls, you must provide us with evidence of liability insurance to protect us against claims of personal injury and property damage to others, related to your satellite dish, antenna, and related equipment. The Insurance coverage must be $ 100000.00 , which is an amount reasonably determined by us to accomplish that purpose. Factors affecting the amount of insurance include height of installation above ground level, potential wind velocities, risk of the dish/antenna becoming unattached and falling on someone, etc. You agree to hold us harmless and indemnify us against any of the above claims by others. 10. Security deposit. Your security deposit (in your Lease Contract) is increased by an additional reasonable sum of $ 100.00 ❑ effective at time of installation or ❑ effective within days of installation to help protect us against possible repair costs, damages, or failure to remove the satellite dish, antenna and related equipment at time of move -out. Factors affecting any security deposit may vary, depending on: (1) how the dish or antenna is attached (nails, screws, lag bolts drilled into walls); (2) whether holes were permitted to be drilled through walls for the cable between the satellite dish and the TV; and (3) the difficulty and cost of repair or restoration after removal, etc. A security deposit increase does not imply a right to drill into or alter the leased premises. 11. When you may begin installation. You may start installation ofyour satellite dish, antenna, or related equipment only after you have: (1) signed this addendum; (2) provided us with written evidence of the liability insurance referred to in paragraph 9 of this addendum; (3) paid us the additional security deposit, if applicable, in paragraph 10; and (4) received our written approval, which may not be unreasonably withheld, of the installation materials and the person or company that will do the installation. 12. Miscellaneous. If additional satellite dishes or antennas are desired, an additional lease addendum must be executed. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association INHEAD0 HOUSEHOLD AADUIT�CQr�HFADOFHODSEHDLD "(E'�-0OC S'IM Sl� 1172023 AT 11:10AM COT SIGNED AT 1195AM COT S GNW 5/1 W2023 AT 11:13AM CDT LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 1-0612 in the The Loqan AL LP .Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these bills, we do not add any other costs to these bills and make no profit off of them. 3. Services and governmental fees allocated. We will allocate the following services and governmental fees: ❑ Cable/satellite television ❑ Registration/license fee ® Stormwater/drainage ® Other Pest control - $6.00 ® Trash removal/recycling ® Other Common area maint- $10.00 ❑ Street repair/maintenance fee ® Other Luxer Packacre Locker-$5. 00 ❑ Emergency services fee 0 Other valet Living - $30.00 ❑ Conservation district fee © Other Rent Admin Fee $3.00 ❑ Inspection fee ❑ Other 4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as allowed by law, and we may immediately exercise all other lawful remedies, including eviction just like late payment of rent. 5. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services and governmental fees indicated above. You will pay separately for these charges which are defined under the Lease as "Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and distinct charges as part of a multi -item bill. You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the allocation method checked below: (check only one) ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units). ❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. © Per dwelling unit ❑ Other formula (see attached page) 6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of $ 3.00 per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. Z. Change of allocation formula. The above allocation formula for determining your share of the services and governmental fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree to the change in a signed lease renewal or signed mutual agreement. 8. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association IHEAD OF HOUEHOLD OEHOUSE3/0LD SADULTCO-HEADE-0OCSIGNER M� 7- I C" 7DAG fin -,shun SIGNED 5/17/2023 AT 11:10AM CDT SIGNED 5/172023 AT 1116AM CDT SIGNED 5/172023 AT 11:13AM CDT LEASE ADDENDUM FOR AUTOMATED ELECTRONIC PAYMENT OF RENT AND CERTAIN OTHER ITEMS 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the The Logan AL LP Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Automated electronic payments. "Automated electronic payments" include "Automated Clearing House" (ACH) and "Credit and Debit Card" (Card) transactions. ACH refers to the nationwide network of banking institutions that have agreed to process electronic payments automatically from your bank account to our bank accounts. Virtually all banks and credit unions participate. "Card" refers to credit and debit card transactions, including those cards bearing the Visa, MasterCard, Discover and American Express logos. Collectively "automated electronic payments" are paperless transactions that occur Instantly and automatically without a check being hand -processed through a local bank clearinghouse or the Federal Reserve System. 3. Advantages. There are significant advantages for you in paying your rent via automated electronic payments. They include: • greater convenience since you won't have to worry each month with writing, mailing or delivering a rent check; no late charges since your rent will always be paid timely, assuming there are sufficient funds in your checking account; • greater security since there Is no chance that a check signed by you will fall into the wrong hands or get lost in the mall; and • proof that you've paid since your bank statement Is evidence of payment according to ACH and card network rules. 4. ACH payment authorization. By initialing here and executing this addendum, you are agreeing that your rent payment or other payments as authorized by you will be collected automatically each month via ACH by debiting (charging) your checking account electronically, in the case of your rent payment, on the same day of the month that your rent is due under your TAA Lease Contract, and in the case of other payments, on the date(s) you authorized by separate agreement. S. Card payment authorization. By initialing here and executing this addendum, you are agreeing that your rent payment or other payments as authorized by you will be collected automatically each month by charging your credit or debit card electronically, in the case of your rent payment, on the same day of the month that your rent Is due under your TAA Lease Contract, and in the case of other payments, on the dates) you authorized by separate agreement. s. Other non -rent items. Payment to us for other amounts (such as NSF charges, damages, or charges related to unauthorized animals, etc.) may be mailed to us, deposited in our onsite drop box (if any), or delivered in person. Such other payments will not be processed by Card or ACH electronic transfer except with your approval given at the time of each payment. Y. Your right to opt out. You have the right at any time to give us written notice of your decision to revoke your authorization for the ACH or Card method of payment and to thereafter pay by regular check, certified check, or money order according to the TAA Lease Contract. 8. Delinquency. As long as your rent payments via ACH or Card are authorized and settled, you may continue ACH or Card payment of your rent and enjoy any special considerations specified in paragraph 11 of this addendum. If any ACH or Card rent payment does not clear, it will be treated as a default (Just like an NSF check) under the TAA Lease Contract. We have the right at any time to require you to pay all future rent payments by regular check, certified check or money order, as per the TAA Lease Contract, in lieu of payment through ACH or Card. 9. Multiple residents. If there are two or more residents on the TAA Lease Contract and if we accept multiple checks, each of you authorize us to process your rent payment through ACH or Card as it becomes due, as follows: Each resident's printed name Each resident's portion of the total monthly rent payment Each co -resident of the unit must sign the attached form that authorizes automatic electronic payments through ACH or Card. This addendum does not alter the provisions in the TAA Lease Contract regarding joint and several liability if there are multiple residents. 10. ACH and Card rules. We, as owners, agree to comply with all ACH and Card rules and operating regulations of the credit associations and networks. 11. Special provisions. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association 1]2023AT11:13AMCDT LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the The Locran AL LP Apartments in Bedford Texas OR the house, duplex, etc. located at (street address) in Texas. 2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of $ 12.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of $ 3.00 per month (not to exceed $3) for processing and billing. Your trash/recycling bill may include state and local sales taxes as required by state law. 3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately exercise all lawful remedies under your lease contract, including eviction. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association SIGNED 5/17/2023 AT 11:13AM CDT 11L� Mold Information and Prevention Addendum TEXAS APAR'I'hINN'I' ASSOCIATION Please note: We want to maintain a high -quality living environment for our residents. To help achieve this goal, it is important that we work together to minimize any mold growth in your dwelling. This addendum contains important information foryou, and responsibilities for both you and us. 1. Addendum. This Is an addendum to the Lease Contract executed by you, the resident or residents, on the dwelling you have agreed to rent. That dwelling is: Unit # The Loqan AL LP (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling Is located 2. About Mold. Mold is found everywhere in our environment, both Indoors and outdoors and In both new and old structures. Molds are nothing new —they are natural microscopic organisms that reproduce by spores.They have always been with us. In the environment, molds breakdown organic matter and use the end product for food. Without molds we would be struggling with large amounts of dead organic matter. Mold spores (like plant pollen) spread through the air and are commonly transported by shoes, clothing, and other materials.There is conflicting scientific evidence about how much mold must accumulate before it creates adverse health effects on people and animals. Even so, we must take appropriate precautions to prevent its buildup. 3. Preventing Mold Begins with You. to minimze the potential for mold growth In your dwelling, you must: Keep your dwelling clean —particularly the kitchen, bathroom, carpets, and floors. Regular vacuuming and mopping of the floors, plus cleaning hard surfaces using a household cleaner, are all Important to remove the household dirt and debris that harbor mold or food for mold. Throw away moldy food immediately. Remove visible moisture accumulations on windows, walls, ceilings, floors, and other surfaces as soon as reasonably possible. Look for leaks in washing -machine hoses and discharge lines —especially If the leak Is large enough for water to seep Into nearby walls. If your dwelling has them, turn on exhaust fans in the bathroom before showering and In the kitchen before cooking with open pots. Also when showering, keep the shower curtain inside the tub (or fully close the shower doors). Experts also recommend that after a shower or bath you (1) wipe moisture off shower walls, shower doors, the bathtub, and the bathroom floor; (2) leave the bathroom door open until all moisture on the mirrors and bathroom walls and tile surfaces has dissipated; and (3) hang up your towels and bath mats so they will completely dry out. Promptly notify us in writing about any air-conditioning or heating - system problems you discover. Follow any of our rules about replacing air filters. It's also good practice to open windows and doors periodically on days when the outdoor weather is dry (i.e., humidity is below 50%) to help humid areas of your dwelling dry out. Promptly notify us in writing of any signs of water leaks, water Infiltration, or mold. We will respond in accordance with state law and the Lease Contract to repair or remedy the situation as necessary. Resident or Residents (all sign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) 4. Avoiding Moisture Buildup. To avoid mold growth, it's important to prevent excess moisture buildup In your dwelling. Falling to promptly attend to leaks and moisture accumulations on dwelling surfaces can encourage mold growth, especially in places where they might get inside walls or ceilings. Prolonged moisture can come from a wide variety of sources, such as: rainwater leaking from roofs, windows, doors, and outside walls, as well as flood waters rising above floor level; overflows from showers, bathtubs, toilets, sinks, washing machines, dehumidifiers, refrigerator or air -conditioner drip pans, or clogged air -conditioner condensation lines; leaks from plumbing lines or fixtures, and leaks into walls from bad or missing grouting orcaulking around showers, bathtubs, or sinks, washing -machine hose leaks, plant -watering overflows, pet urine, cooking spills, beverage spills, and steam from excessive open -pot cooking; leaks from clothes -dryer discharge vents (which can put a lot of moisture into the air); and insufficient drying of carpets, carpet pads, shower walls, and bathroom floors. 5. Cleaning Mold. If small areas of mold have already accumulated on nonporous surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood, or plastic), the Environmental Protection Agency recommends that you first clean the areas with soap (or detergent) and water and let the surface dry thoroughly. (Applying biocides without first cleaning away the dirt and oils from the surface is like painting over old paint without first cleaning and preparing the surface.) When the surface is dry —and within 24 hours of cleaning —apply a premixed spray - on household biocide such as Lysol Disinfectant", Original Pine -Sol° Cleaner, Tilex Mold & Mildew Remover* or Clorox' Clean-up* Cleaner + Bleach. (Note two things: First, only a few of the common household cleaners can actually kill mold. Second,Tilex and Clorox contain bleach, which can discolor or stain surfaces, so follow the instructions on the container.) Always clean and apply biocide to an area five orsixtimes largerthan any mold you see —mold can be present but not yetvisible to the naked eye. A vacuum cleaner with a high -efficiency particulate air (HEPA) filter can be used to help remove nonvisible mold products from porous items such as fibers in sofas, chairs, drapes, and carpets — provided thefibers are completelydry. Machinewashing ordry-cleaning will remove mold from clothes. 6. Warning for Porous Surfaces and Large Surfaces. Do not clean or apply biocides to visible mold on porous surfaces such as sheetrock walls or cellings or to large areas of visible mold on nonporous surfaces. Instead, notify us in writing and wewill take appropriate action to comply with Section 92.051 et seq. of the Texas Property Code, subject to the special exceptions for natural disasters. 7. Compliance. Complying with this addendum will help prevent mold growth in your dwelling, and both you and we will be able to respond correctly If problems develop that could lead to mold growth.lfyou have questions about this addendum, please contact us at the management office or at the phone number shown in your Lease Contract. If you fail to comply with this addendum, you can be held responsible for property damage to the dwelling and any health problems that may result. We can't fix problems in your dwelling unless we know about them. Owner or Owner's Representative (sign below) Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. TAA Official Statewide Form 15-FF, Revised January 2015 Q I SIGNED S/172�AT 11:13AM CDT 01110 ZIA� TEXAS APARTMENT ASSOCIATION Inventory and Condition Form Resident'sName: Personal#:( Work#:( 1 Resident's Name: Personal#:( 1 Work#:( 1 Resident'sName: Personal#:( 1 Work#:( 1 Resident'sName: Personal #:( 1 Work#:( 1 Resident's Name: Personal#:f 1 Work#:( i Apartment Community Name: The Loctan Al LP orStreetAddress(ifhouse,duplex,etc.): Apt.# Within 48 hours after move -in, you must all defects, damage, or safety or pest -related concerns and return It to our representative. Otherwise, everything will be considered to be in a clean, safe, and good working condition. Please mark through items listed below or put "none"If the items don't exist. This form protects both you (the resident) and us (the owner). We'll use It in determining what should and should not be considered your responsibility upon move -out. You are entitled to a copy of this form after itis filled out and signed by you and us. 11 O Move -In or C3 Move -Out Condition (Check one) 11 Living Room Dining Room Walls Walls Wallpaper Wallpaper Plugs, switches, A/C vents Plugs, switches, A/C vents Woodwork/baseboards Woodwork/baseboards Ceiling Ceiling Light fixtures, bulbs Light fixtures, bulb Floor/carpet Floor/carpet Doors, stops, locks Doors, stops, locks Windows, latches, screens Windows, latches, screens Window coverings Window coverings Closets, rods, shelves Closets, rods, shelves Closet lights, fixtures Closet lights, fixtures Lamps, bulbs Water stains or mold on walls, ceilings or baseboards Water stains or mold on walls, ceilings or baseboards Other Other Halls Kitchen Walls Walls Wallpaper Wallpaper Plugs, switches, A/C vents Plugs, switches, A/C vents Woodwork/baseboards Woodwork/baseboards Ceiling Ceiling Light fixtures, bulbs Light fixtures, bulbs Floor/carpet Floor/carpet Doors, stops, locks Doors, stops, locks Closets, rods, shelves Windows, latches, screens Closet lights, fixtures Window coverings Water stains or mold on walls, ceilings or baseboards Cabinets, drawers, handles Other Countertops Exterior (if applicable) Stove/oven, trays, pans, shelves Patio/yard Vent hood Fences/gates Fences Refrigerator, trays, shelves Faucets Refrigerator light, crisper Balconies Dishwasher, dispensers, racks Other Sink/disposal Microwave Bedroom (describe which one): Plumbing leaks, water stains or mold on walls, ceilings or baseboards Walls Wallpaper Other Plugs, switches, A/C vents Woodwork/baseboards Ceiling General Items Light fixtures, bulbs Thermostat Floor/carpet Cable TV or master antenna A/C filter Doors, stops, locks Washer/dryer Windows, latches, screens Garage door Window coverings Ceiling fans Closets, rods, shelves Exterior doors, screens/screen doors, doorbell Closet lights, fixtures Water stains or mold on walls, ceilings or baseboards Fireplace Other Other 0 TEXAS APARTMENT ASSOCIATION, INC., 2021 CONTINUED ON BACK 51DE Bedroom (describe which one): Walls Bedroom (describe which one): Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Closets, rods, shelves Closet lights, fixtures Water stains or mold on walls, ceilings or baseboards Other Bath (describe which one): Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Exhaust fan/heater Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Sink, faucet, handles, stopper Countertops Mirror Cabinets, drawers, handles Toilet, paper holder Bathtub, enclosure, stopper Shower, doors, rods Tile Plumbing leaks, water stains or mold on walls, ceilings or baseboards Other Half Bath Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Exhaust fan/heater Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Sink, faucet, handles, stopper Countertops Mirror Cabinets, drawers, handles Toilet, paper holder Tile Plumbing leaks, water stains or mold on walls, ceilings or baseboards Other Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Closets, rods, shelves Closet lights, fixtures Water stains or mold on walls, ceilings or baseboards Other Bath (describe which one): Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Exhaust fan/heater Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Sink, faucet, handles, stopper Countertops Mirror Cabinets, drawers, handles Toilet, paper holder Bathtub, enclosure, stopper Shower, doors, rods Tile Plumbing leaks, water stains or mold on walls, ceilings or baseboards Other Safety or Pest -Related Items (Put none"ifitem does notexist) Door knob locks Keyed deadboltlocks Keyless deadbolts Keyless bolting devices Sliding door latches Sliding door security bars Sliding door pin locks Doorviewers Window latches Porch and patio lights Smoke alarms (push button to test) Other detectors Alarm system Fire extinguishers (look atcharge level —BUT DON'TTEST!) Garage door opener Gate access card(s) Other Pest -related concerns Date of Move -In: or Date of Move -Out: Acknowledgment. You agree you will complete and submit this form in accordance with this Lease and our Community Policies.You acknowledge you will inspect and test all the safety -related items (if in the dwelling), as well as smoke alarms and any other detector(s), and confirm that they are working, except as noted on your completed Inventoryand Condition Form. All Items will be assumed to be In good condition unless otherwise noted. You acknowledge you will receive written operating instructions on the alarm system and gate access entry systems (if there are any). You acknowledge that you will Inspect the dwelling and confirm no signs of bed bugs or other pests are present, or that you will report any bed bug or pest issues through a work order or other repair request. in signing below, you acknowledge receipt of this form and accept the responsibility for completing it as part of the Lease Contract. You agree that, eitherafter completion or48 hours aftermove-in without returning this form (whichevercomes first), It accurately reflects the condition ofthe premises forpurposes ofdetermining any refund due to you when you move out. Resident or Resident's Agent: Owner or Owner's Representative: FOR OFFICE USE ONLY. Date completed form was received: Received by: Date of Signing: Date of Signing: IHEAD AT 11:13AM COT C11, . Security Guidelines for Residents 'I'NxAS APA IYrNi RN'I' ASSONSPION Addendum 1. Addendum. This is an addendum to the Lease Contract ("Lease") executed by you, the resident(s), on the dwelling you have agreed to rent.That dwelling is: Apt.# at The Looan AL LP (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclaim any express or implied warranties ofsecurity. We care about your safety and that of other occupants and guests. No security system is failsafe. Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and human error. The best safety measures are the ones you perform as a matter of common sense and habit. Inform all other occupants in your dwelling, including any children you may have, about these guidelines. We recommend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: • In case of emergency, call 911. Always report emergencies to authorities first and then contact the management. Report any suspicious activity to the police first, and then follow up with a written notice to us. Know your neighbors. Watching out for each other is one of the best defenses against crime. Resident or Residents (all sign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Always be aware of your surroundings and avoid areas that are not well -traveled or well -lit. • Keep your keys handy at all times when walking to your car or home. Do not go inside if you arrive home and find your door open. Call the police from another location and ask them to meet you before entering. Make sure door locks, window latches and sliding glass doors are properly secured at all times. Use the keyless deadbolt on your unit when you are at home. • Don't put your name or address on your key ring or hide extra keys in obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekey your locks at your expense, in accordance with paragraph 11 of the Lease. Check the door viewer before answering the door. Don't open the door if you don't know the person or have any doubts. Children who are old enough to take care of themselves should never let anyone inside when home without an adult. Regularly check your security devices, smoke alarms and other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke alarms and other detection devices , as well as any other malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. Owner or Owner's Representative (sign below) Yourare entitled to receive a copy of this Addendum afteritis fullysigned. Keep itin a safe place. TAA Official Statewide Form 15-M, Revised January, 2015 Q SIGNED 5/172023 AT 11:13AM CDT LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the The Locran Al LP Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2, Reason for allocation. When water and wastewater bills are paid 100 percent by the property owner, residents have no incentive to conserve water. This results in a waste of our state's natural resources and adds to the overhead of the property —and that usually means higher rents. Allocation of water bills saves money for residents because it encourages them to conserve water and wastewater. We as owners also have incentive to conserve because we are required by law to pay a portion of the total water bill(s) for the entire apartment community. 3. Your payment due date. Payment of your allocated water/wastewater bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of 5 percent of your water/wastewater bill if we don't receive timely payment. If you are late in paying the water bill, we may not cut off your water; but we may immediately exercise all other lawful remedies, including eviction —just like late payment of rent. 4. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for water and wastewater. Instead, you will be receiving a separate bill from us each month for such utilities. We may include this item as a separate and distinct charge as part of a multi -item bill. We will allocate the monthly mastermeter water/wastewater bill(s) for the apartment community, based on an allocation method approved by the Public Utility Commission of Texas (PUC) and described below. The allocation method that we will use in calculating your bill is noted below and described in the following subdivision of Section 24.281 of the PUC rules (check only one): ❑ subdivision (i) actual occupancy; M subdivision (ii) ratio occupancy (PUC average for number of occupants in unit); ❑ subdivision (iii)average occupancy (PUC average for number of bedrooms in unit); ❑ subdivision (iv)combination of actual occupancy and square feet of the apartment; or ❑ subdivision (v) submetered hot/cold water, ratio to total. The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about the 16 day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by allocated billings. s. Common area deduction. We will calculate your allocated share of the mastermetered water/wastewater bill according to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the total mastermeter water/wastewater bills) to be allocated unless expressly allowed by PUC rules. No other amounts will be included in the bill except your unpaid balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility company on time and incur penalties or interest, no portion of such amounts will be included in your bill. 6. Change of allocation formula. The above allocation formula for determining your share of the mastermetered water/ wastewater bill cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice of the new formula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed mutual agreement. 7. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in the previous calendar year was $ 44.56 per unit, varying from $ 34.42 to $ 72.32 for the lowest to highest month's bills for any unit in the apartment community for this period, if such information is available. The above amounts do not reflect future changes in utility company water rates, weather variations, total water consumption, residents' water consumption habits, etc. 6. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills from the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will be between you and us. s. PUC. Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those rules. lo.Conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your apartment no later than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks. Signatures of Al Residents Signature of Owner or Owner's Representative Texas Apartment Association Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In accordance with PUC rules, a copy of the applicable rules is provided to you below: SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION § 24.275. General Rules and Definitions (a) Purpose and scope. The provisions of this subchapter are intended to establish a comprehensive regulatory system to assure that the practices involving submetered and allocated billing of dwelling units and multiple use facilities for water and sewer utility service are just and reasonable and include appropriate safeguards for tenants. (b) Application. The provisions of this subchapter apply to apartment houses, condominiums, multiple use facilities, and manufactured home rental communities billing for water and wastewater utility service on a submetered or allocated basis. The provisions of this subchapter do not limit the authority of an owner, operator, or manager of an apartment house, manufactured home rental community, or multiple use facility to charge, bill for, or collect rent, an assessment, an administrative fee, a fee relating to upkeep or management of chilled water, boiler, heating, ventilation, air conditioning, or other building system, or any other amount that Is unrelated to water and sewer utility service costs. (c) Definitions. The following words and terms, when used in this subchapter, have the defined meanings, unless the context clearly indicates otherwise. (1) Allocated utility, service --Water or wastewater utility service that Is master metered to an owner by a retail public utility and allocated to tenants by the owner. (2) Apartment house —A building or buildings containing five or more dwelling units that are occupied primarily for nontransient use, including a residential condominium whether rented or owner occupied, and if a dwelling unit Is rented, having rent paid at intervals of one month or more. (3) Condominium manager —A condominium unit owners' association organized under Texas Property Code §82.101, or an incorporated or unincorporated entity comprising the council of owners under Chapter 81, Property Code. Condominium Manager and Manager of a Condominium have the same meaning. (4) Customer service charge —A customer service charge is a rate that is not dependent on the amount of water used through the master meter. (5) Dwelling unit —One or more rooms in an apartment house or condominium, suitable for occupancy as a residence, and containing kitchen and bathroom facilities; a unit In a multiple use facility; or a manufactured home in a manufactured home rental community. (6) Dwelling unit base charge --A Sat rate or fee charged by a retail public utility for each dwelling unit recorded by the retail public utility. (7) Manufactured home rental community —A property on which spaces are rented for the occupancy of manufactured homes for nontransient residential use and for which rental is paid at intervals of one month or longer. (8) Master meter —A meter used to measure, for billing purposes, all water usage of an apartment house, condominium, multiple use facility, or manufactured home rental community, including common areas, common facilities, and dwelling units. (9) Multiple use facility --A commercial or industrial park, office complex, or marina with five or more units that are occupied primarily for nontransient use and are rented at Intervals of one month or longer. (10) Occupant --A tenant or other person authorized under a written agreement to occupy a dwelling. (11) Overcharge —The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit after a violation occurred relating to the assessment of a portion of utility costs in excess of the amount the tenant would have been charged under this subchapter. Overcharge and Overbilling have the same meaning. (12) Owner --The legal titleholder of an apartment house, a manufactured home rental community, or a multiple use facility; and any individual, firm, or corporation expressly identified In the lease agreement as the landlord of tenants in the apartment house, manufactured home rental community, or multiple use facility. The term does not include the manager of an apartment home unless the manager is expressly identified as the landlord in the lease agreement. (13) Point -of -use submeter--A device located in a plumbing system to measure the amount of water used at a specific point of use, fixture, or appliance, Including a sink, toilet, bathtub, or clothes washer. (14) Submetered utility service —Water utility service that is master metered for the owner by the retail public utility and individually metered by the owner at each dwelling unit; wastewater utility service based on submetered water utility service; water utility service measured by point-ol- use submeters when all of the water used in a dwelling unit is measured and totaled; or wastewater utility service based on total water use as measured by point -of -use submeters. (15) Tenant --A person who owns or is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and, if rent is paid, who Is obligated to pay for the occupancy under a written or oral rental agreement. (16) Undercharge —The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility, service to the tenant's dwelling unit less than the amount the tenant would have been charged under this subchapter. Undercharge and Underbllling have the same meaning. (17) Utility costs --Any amount charged to the owner by a retail public utility forwater orwastewater service. Utility Costs and Utility Service Costs have the same meaning. (18) Utility service --For purposes of this subchapter, utility service includes only drinking water and wastewater. § 24.277. Owner Registration and Records (a) Registration. An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission in a form prescribed by the commission. (b) Water quantity measurement. Except as provided by subsections (c) and (d) of this section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of: (1) submeters, owned by the property owner or manager, for each dwelling unit or rental unit; or (2) Individual meters, owned by the retail public utility, for each dwelling unit or rental unit. (c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides government assisted or subsidized rental housing to low orvery low income residents shall Install a plumbing system in the apartment house that is compatible with the Installation of submeters for the measurement of the quantityofwater, if any, consumed by the occupants of each unit. (d) Installation of individual meters. On the request by the property owner or manager, a retail public utility shall Install individual meters owned by the utility in an apartment house, manufactured home rental community, multiple use facility, or condominium on which construction began after January 1, 2003, unless the retail public utility determines that installation of meters is not feasible. If the retail public utility determines that installation of meters Is not feasible, the property owner or manager shall install a plumbing system that is compatible with the installation of submeters or Individual meters. A retail public utility may charge reasonable costs to install individual meters. (e) Records. The owner shall make the following records available for inspection by the tenant or the commission or commission staff at the on -site manager's office during normal business hours in accordancewith subsection (g) of this section. The owner may require that the request by the tenant be In writing and Include: (1) a current and complete copy of TWC, Chapter 13, Subchapter M; (2) a current and complete copy of this subchapter; (3) a current copy of the retail public utility's rate structure applicable to the owner's bill; (4) information or tips on how tenants can reduce water usage; (5) the bills from the retail public utility to the owner; (6) for allocated billing: (A) the formula, occupancy factors, if any, and percentages used to calculate tenant bills; (B) the total number of occupants or equivalent occupants if an equivalency factor is used under §24.281(e)(2) of this title (relating to Charges and Calculations); and (C) the square footage of the tenant's dwelling unit or rental space and the total square footage of the apartment house, manufactured home rental community, or multiple use facility used for billing if dwelling unit size or rental space is used; (7) for submetered billing: (A) the calculation of the average cost per gallon, liter, or cubic foot; (B) If the unit of measure of the submeters or point -of -use submeters differs from the unit of measure of the master meter, a chart for converting the tenant's submeter measurement to that used by the retail public utility; (C) all submeter readings; and (D) all submeter test results; (8) the total amount billed to all tenants each month; (9) total revenues collected from the tenants each month to pay for water and wastewater service; and (10) any other information necessary for a tenant to calculate and verify a water and wastewater bill. (f) Records retention. Each of the records required under subsection (a) of this section shall be maintained forlhe current year and the previous calendar year, except that all submeter lest results shall be maintained until the submeter is permanently removed from service. (g) Availability of records. (1) If the records required under subsection (a) of this section are maintained at the on -site manager's office, the owner shall make the records available for Inspection at the on -site manager's office within three days after receiving a written request. (2) If the records required under subsection (a) of this section are not routinely maintained at the on -site managers office, the owner shall provide copies of the records to the on -site manager within 15 days of receiving a written request from a tenant or the commission or commission staff. (3) If there is no on -site manager, the owner shall make copies of the records available at the tenant's dwelling unit at a time agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant. (4) Copies of the records may be provided by mail if postmarked by midnight of the last day specified in paragraph (1), (2), or (3) of this subsection. § 24.279. Rental Agreement (a) Rental agreement content. The rental agreement between the owner and tenant shall clearly state In writing: (1) the tenant will be billed by the owner for submetered or allocated utility services, whichever Is applicable; (2) which utility services will be Included in the bill issued by the owner; (3) any disputes relating to the computation of the tenant's bill or the accuracy of any submetering device will be between the tenant and the owner, (4) the average monthly bill for all dwelling units in the previous calendar year and the highest and lowest month's bills for that period; (5) if not submetered, a clear description of the formula used to allocate utility services; (6) information regarding billing such as meter reading dates, billing dates, and due dates; (7) the period of time by which owner will repair leaks in the tenant's unit and in common areas, if common areas are not submetered; (8) the tenant has the right to receive information from the owner to verify the utility bill; and (9) for manufactured home rental communities and apartment houses, the service charge percentage permitted under §24.281(d)(3) of this title (relating to Charges and Calculations) that will be billed to tenants. (b) Requirement to provide rules. At the time a rental agreement Is discussed, the owner shall provide a copy of this subchapter or a copy of the rules to the tenant to Inform the tenant of his rights and the owner's responsibilities under this subchapter. (c) Tenant agreement to billing method changes. An owner shall not change the method by which a tenant Is billed unless the tenant has agreed to the change by signing a lease or other written agreement. The owner shall provide notice of the proposed change at least 35 days prior to implementing the new method. (d) Change from submetered to allocated billing. An owner shall not change from submetered billing to allocated billing, except after receiving written approval from the commission after a demonstration of good cause and If the rental agreement requirements under subsections (a), (b), and (c) of this section have been met. Good cause may include: (1) equipment failures; or (2) meter reading or billing problems that could not feasibly be corrected. (a) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapleris void. § 24.281. Charges and Calculations (a) Prohibited charges. Charges billed to tenants for submetered or allocated utility service may only include bills for water or wastewater from the retail public utility and must not Include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees. (b) Dwelling unit base charge. If the retail public utility's rate structure includes a dwelling unit base charge, the owner shall bill each dwelling unit for the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c) Customer service charge. If the retail public utility's rate structure includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submetered utility service. The tenant's submetered charges must include the dwelling unit base charge and customer service charge, if applicable, and the gallonage charge and must be calculated each month as follows: (1) water utility service: the retail public utility's total monthly charges for water service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2) wastewater utility service: the retail public utility's total monthly charges for wastewater service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility, multiplied by the tenant's monthly consumption or the volumetric wastewater rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (3) service charge for manufactured home rental community or the owner or manager of apartment house: a manufactured home rental community or apartment house may charge a service charge in an amount not to exceed 9% of the tenant's charge for submetered water and wastewater service, except when; (A) the resident resides in a unit of an apartment house that has received an allocation of low income housing tax credits under Texas Government Code, Chapter 2306, Subchapter DD; or (B) the apartment resident receives tenant -based voucher assistance under United Slates Housing Act of 1937 Section 8, (42 United States Code, §1437f); and (4) final bill on move -out for submetered service: if a tenant moves out during a billing period, the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner is billing using the average water or wastewater cost per gallon, liter, or cubic foot as described in paragraph (1) of this subsection, the owner may calculate the tenant's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption for the billing period. (a) Calculations for allocated utility service. (1) Before an owner may allocate the retail public utility's master meter bill for water and sewer service to the tenants, the owner shall first deduct: (A) dwelling unit base charges or customer service charge, If applicable; and (B) common area usage such as installed landscape irrigation systems, pools, and laundry rooms, if any, as follows: (i) if all common areas are separately metered or submetered, deduct the actual common area usage; (ii) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is an Installed landscape irrigation system, deduct at least 25% of the retail public utility's master meter bill; (III) if all water used for an Installed landscape irrigation system is metered or submetered and there are other common areas such as pools or laundry rooms that are not metered or submetered, deduct at least 5% of the retail public utility's master meter bill; or (iv) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is no installed landscape Irrigation system, deduct at least 5% of the retail public utility's master meter bill. (2) To calculate a tenant's bill: (A) for an apartment house, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) the number of occupants in the tenant's dwelling unit divided by the total number of occupants in all dwelling units at the beginning of the month for which bills are being rendered; or (II) the number of occupants In the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants in all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use In units that are occupied by multiple tenants. The ratio occupancy formula that is used must assign a fractional portion per tenant of no less than that on the following scale: (1) dwelling unit with one occupant =1; (II) dwelling unit with two occupants =1.6; (III) dwelling unit with three occupants = 2.2; or (IV) dwelling unit with more than three occupants = 2.2 + 0.4 per each additional occupant over three; or (III) the average number of occupants per bedroom, which shall be determined by the following occupancy formula. The formula must calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants in each of the dwelling unit's bedrooms or all dwelling units: (1) dwelling unit with an efficiency = 1; (II) dwelling unit with one bedroom = 1.6; (ill) dwelling unit with two bedrooms = 2.8; (IV) dwelling unitwith three bedrooms = 4+ 1.2 for each additional bedroom; or (iv) a factor using a combination of square footage and occupancy in which no more than 50% Is based on square footage. The square footage portion must be based on the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house; or (v) the individually submetered hot or cold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage in all dwelling units; (B) a condominium manager shall multiply the amount established in paragraph (1) of this subsection by any of the factors under subparagraph (A) of this paragraph or may follow the methods outlined in the condominium contract; (C) for a manufactured home rental community, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the area of the individual rental space divided by the total area of all rental spaces; and (D) for a multiple use facility, the owner shall multiply the amount established in paragraph (1) of this subsection by: (I) any of the factors developed under subparagraph (A) of this paragraph; or (H) the square footage of the rental space divided by the total square footage of all rental spaces. (3) If a tenant moves in or out during a billing period, the owner may calculate a bill for the tenant. If the tenant moves in during a billing period, the owner shall prorate the bill by calculating a bill as if the tenant were therefor the whole month and then charging the tenant for only the number of days the tenant lived In the unit divided by the number of days in the month multiplied by the calculated bill. If a tenant moves out during a billing period before the owner receives the bill forthat period from the retail public utility, the owner may calculate a final bill. The owner may calculate the tenant's bill by calculating the tenant's average bill for the last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month. (f) Conversion to approved allocation method. An owner using an allocation formula other than those approved In subsection (a) of this section shall Immediately provide notice as required under §24.279(c) of this title (relating to Rental Agreement) and either: (1) adopt one of the methods In subsection (a) of this section; or (2) install submeters and begin billing on a submetered basis; or (3) discontinue billing for utility services. § 24.283. Billing (a) Monthly billing of total charges. The ownershall bill the tenant each month for the total charges calculated under §24.281 of this title (relating to Charges and Calculations). If it is permitted In the rental agreement, an occupant or occupants who are not residing in the rental unit for a period longer than 30 days may be excluded from the occupancy calculation and from paying a water and sewer bill for that period. (b) Rendering bill. (1) Allocated bills shall be rendered as promptly as possible after the owner receives the retail public utility bill. (2) Submeter bills shall be rendered as promptly as possible after the owner receives the retail public utility bill or according to the time schedule In the rental agreement if the owner Is billing using the retail public utility's rate. (c) Submeter reading schedule. Submeters or point -of -use submeters shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule in the rental agreement if the owner Is billing using the retail public utility's rate. (d) Billing period. (1) Allocated bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. (2) Submeter bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. If the owner uses the retail public utility's actual rate, the billing period may be an alternate billing period specified In the rental agreement. (a) Multi -item bill. If issued on a multi -item bill, charges for submetered or allocated utility service must be separate and distinct from any other charges on the bill. (f) Information on bill. The bill must clearly state that the utility service is submetered or allocated, as applicable, and must Include all of the following: (1) total amount due for submetered or allocated water, (2) total amount due for submetered or allocated wastewater; (3) total amount due for dwelling unit base charge(s) or customer service charge(s) or both, if applicable; (4) total amount due for water or wastewater usage, if applicable; (5) the name of the retail public utility and a statement that the bill is not from the retail public utility; (6) name and address of the tenant to whom the bill is applicable; (7) name of the firm rendering the bill and the name or title, address, and telephone number of the firm or person to be contacted in case of a billing dispute; and (8) name, address, and telephone number of the party to whom payment is to be made. (g) Information on submetered service. In addition to the information required in subsection (f) of this section, a bill for submetered service must Include all of the following: (1) the total number of gallons, liters, or cubic feet submetered or measured by point -of -use submeters; (2) the cost per gallon, liter, or cubic foot for each service provided; and (3) total amount due for a service charge charged by an owner of a manufactured home rental community, if applicable. (h) Due date. The due dale on the bill may not be less than 16 days after it is mailed or hand delivered to the tenant, unless the due date falls on a federal holiday orweekend, in which case the following work day will be the due date. The owner shall record the date the bill is mailed or hand delivered. A payment is delinquent if not received by the due date. (i) Estimated bill. An estimated bill may be rendered if a master meter, submeter, or point -of -use submeter has been tampered with, cannot be read, or Is out of order, and in such case, the bill must be distinctly marked as an estimate and the subsequent bill must reflect an adjustment for actual charges. 0) Payment by tenant. Unless utility bills are paid to a third -party billing company on behalf of the owner, or unless clearly designated by the tenant, payment must be applied first to rent and then to utilities. (k) Overbilling and underbilling. If a bill Is issued and subsequently found to be in error, the owner shall calculate a billing adjustment. If the tenant Is due a refund, an adjustment must be calculated for all of that tenant's bills that Included overcharges. If the overbilling or underbilling affects all tenants, an adjustment must be calculated for all of the tenants' bills. If the tenant was undercharged, and the cause was not due to submeter or point -of -use submeter error, the owner may calculate an adjustment for bills issued In the previous six months. If the total undercharge Is $25 or more, the owner shall offer the tenant a deferred payment plan option, for the same length of time as that of the underbilling. Adjustments for usage by a previous tenant may not be back billed to a current tenant. (1) Disputed bills. In the event of a dispute between a tenant and an owner regarding any bill, the owner shall investigate the matter and report the results of the investigation to the tenant in writing. The Investigation and report must be completed within 30 days from the date the tenant gives written notification of the dispute to the owner. (m) Late fee. A one-time penally not to exceed 5% may be applied to delinquent accounts. If such a penalty Is applied, the bill must Indicate the amount due If the late penalty Is incurred. No late penalty may be applied unless agreed to by the tenant In a written lease that states the percentage amount of such Tale penally. § 24.285. Complaint Jurisdiction (a) Jurisdiction. The commission has exclusive jurisdiction for violations under this subchapter. (b) Complaints. If an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a commission rule regarding utility costs, the person claiming the violation may file a complaint with the commission and may appear remotely for a hearing. § 24.287. Submeters or Point -of -Use Submeters and Plumbing Fixtures (a) Submeters or point -of -use submeters. (1) Same type submeters or point -of -use submeters required. All submeters or point -of -use submeters throughout a property must use the same unit of measurement, such as gallon, liter, or cubic foot. (2) Installation by owner. The owner shall be responsible for providing, Installing, and maintaining all Submeters or point -of -use submeters necessary for the measurement of water to tenants and to common areas, If applicable. (3) Submeter or point -of -use submeter tests prior to installation. No submeter or point -of -use submeter may be placed in service unless Its accuracy has been established. If any submeter or point -of -use submeter is removed from service, it must be property tested and calibrated before being placed in service again. (4) Accuracy requirements for submeters and point -of -use submeters. Submeters must be calibrated as close as possible to the condition of zero error and within the accuracy standards established by the American Water Works Association (AWWA) for water meters. Point -of -use submeters must be calibrated as closely as possible to the condition of zero error and within the accuracy standards established by the American Society of Mechanical Engineers (ASME) for point -of -use and branch -water submetering systems. (5) Location of submeters and point -of -use submeters. Submeters and point -of -use submeters must be installed in accordance with applicable plumbing codes and AWWA standards for water meters or ASME standards for point -of -use submeters, and must be readily accessible to the tenant and to the owner for testing and Inspection where such activities will cause minimum interference and inconvenience to the tenant. (6) Submeter and point -of -use submeter records. The owner shall maintain a record on each submeter or point -of -use submeter which Includes: (A) an identifying number; (B) the installation date (and removal dale, If applicable); (C) date(s) the submeter or point -of -use submeter was calibrated or tested; (D) copies of all tests; and (E) the current location of the submeter or point -of -use submeter. (7) Submeter or point -of -use submeter lest on request of tenant. Upon receiving a written request from the tenant, the owner shall either. (A) provide evidence, at no charge to the tenant, that the submeter or point -of -use submeter was calibrated or tested within the preceding 24 months and determined to be within the accuracy standards established by the AWWA for water meters or ASME standards for point -of -use submeters; or (B) have the submeter or point -of -use submeter removed and tested and promptly advise the tenant of the test results. (8) Billing for submeter or point -of -use submeter test. (A) The owner may not bill the tenant for testing costs if the submeter fails to meet AWWA accuracy standards for water meters or ASME standards for point -of -use submeters. (B) The owner may not bill the tenant for testing costs if there is no evidence that the submeter or point -of -use submeter was Calibrated or tested within the preceding 24 months. (C) The owner may bill the tenant for actual testing costs (not to exceed $25) if the submeter meets AW WA accuracy standards or the point -of - use submeter meets ASME accuracy standards and evidence as described in paragraph (7)(A) of this subsection was provided to the tenant. (9) Bill adjustment due to submeter or point -of -use submeter error. If a submeter does not meet AWWA accuracy standards or a point -of -use submeter does not meet ASME accuracy standards and the tenant was overbilled, an adjusted bill must be rendered in accordance with §24.283(k) of this title (relating to Billing). The owner may not charge the tenant for any underbilling that occurred because the submeter or point -of -use submeter was in error. (10) Submeter or point -of -use submeter testing facilities and equipment. For submeters, an owner shall comply with the AWWA's meter testing requirements. For point -of -use meters, an owner shall comply with ASME's meter testing requirements. (b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium may implement a program to bill tenants for submetered or allocated water service, the owner or manager shall adhere to the following standards: (1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets, faucet aerators, and showerheads; (2) perform a water leak audit of each dwelling unit or rental unit and each common area and repair any leaks found; and (3) not later than the first anniversary of the date an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium begins to bill for submelered or allocated water service, the owner or manager shall: (A) remove any toilets that exceed a maximum flow of 3.5 gallons per flush; and (B) Install toilets that meet the standards prescribed by Texas Health and Safety Code, §372.002. (c) Plumbing fixture not applicable. Subsection (b) of this section does not apply to a manufactured home rental community owner who does not own the manufactured homes located on the property of the manufactured home rental community. s� I HEADOFHOUSEHOED ADULTCOHEAOOFHOUSEHOLD Nam' — Cry WA. SIGNED 5/17/2023 AT11:11AM COT SIGNED 6/1712023AT 11L9AM COT E-DOC SIGNER 411i40rv3hauh SIGNED 5/17/2023 AT 11:13AM COT LEASE ADDENDUM FOR ALLOCATING STORMWATER/DRAINAGE COSTS 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 1-0612 in the The Loqan AL LP Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. Governmental entities impose stormwater/drainage fees to help pay for the cost of maintaining the infrastructure needed to prevent flooding and lessen the impact of pollution on our water system. These fees can be significant. Our property has chosen to allocate this fee so residents are more aware of the true costs associated with these fees and so it is not necessary to raise rents to keep pace with these fee increases. 3. Your payment due date. Payment of your allocated stormwater/drainage bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of 5 percent of your stormwater/drainage bill if we do not receive timely payment. If you are late in paying the stormwater/drainage bill, we may immediately exercise all lawful remedies under your lease contract, including eviction just like late payment of rent. 4. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for stormwater/ drainage costs. You will pay separately for these monthly recurring fixed charges which are defined under the Lease as "Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and distinct charges as part of a multi -item bill. You agree to and we will allocate the monthly stormwater/drainage bill for the apartment community based on the allocation method checked below. (check only one) ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e. your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e. the number of people living in your apartment divided by the total number of people living in the entire apartment commu- nity for the month. ("People' for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units). ❑ Half of your allocation will be based on your apartment's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. 0 Per dwelling unit ❑ Other formula (see attached page) 5. Penalties and fees. Only the total stormwater/drainage bill will be allocated. Penalties or interest for any late payment of the master stormwater/ drainage bill by us will be paid for by us and will not be allocated. A nominal administrative fee of $ 3.00 per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. 6. Change of allocation formula. The above allocation formula for determining your share of the stormwater/drain age bill cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree to the change, in a signed lease renewal or signed mutual agreement. T. Right to examine records. You may examine our stormwater/drainage bills from the utility company, and our calculations relating to the monthly allocation of the stormwater/drainage bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association IHEAD OF HOUSEHOLD ADULTCOHEADOFHOUSEHOLD E-0OCSIGNEN f/i— 7— I C" 7— {�llisen. $'hnur SIGNED 5/17n023 AT 11:11A/.1 CDT SIGNED 5/172O23 AT 11.tWi CDT SIGNED 5/17/2023 AT 11:13AM CDT LEASE ADDENDUM REGARDING SMOI{ING 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 1-0612 in the The Loqan AL LP Apartments in Bedford Texas OR the house, duplex, etc. located at (street address) , Texas. 2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is strictly prohibited. This is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and substantial violation of this addendum and a breach of the TAA Lease Contract. The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any dwelling or building, whether leased by you or another. 3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially designated areas, if any. The permissible smoking areas are marked by signs. Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit: ❑ is permitted ❑ is not permitted. Only the following outside areas may be used for smoking: Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be at least feet from the buildings in the apartment community, including administrative office buildings. If the previous field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including administrative office buildings. The smoking -permissible areas are marked by signage. Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or rental premises. 4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees, regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building, shall always be in excess of normal wear and tear in our community and at the rental premises. 5. Your responsibility for loss of rental income and economic damages regarding other residents. You are responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of smoke related damages including smoke odors. 6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette, hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non -tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. T. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease Contract subject to any duty to mitigate. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility for any other damages or loss under the TAA Lease Contract or any other addendum. Texas Apartment Association 9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that a failure on their part to comply is the same as non-compliance by you. 10. No warranty of a smoke -free environment. Although we prohibit smoking in all interior parts of the dwelling units and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no -smoking policy is a joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report violations of our no -smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with us if it becomes necessary to pursue action for any violations of the no -smoking policy. This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum. Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following boxes: ❑ Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the unit. ❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association (HEADOF HOUSEHOLD ADULTCO-HEADOFHOUSEHOLD E-0OC SIGNER M2214 7- I cahvi 7D/w pn�DNSrAN SIGNED 5/17/2022 AT 11:11AM CDT SIGNED 5/17/2023 AT 11.O9AM CDT SIGNED 5/17/2023 AT 11:13AM CDT LEASE ADDENDUM FOR ALLOCATING CENTRAL SYSTEM UTILITY COSTS (For operation of central HVAC and/or central hot water system) 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 1-0612 in the The Logan AL LP .Apartments in Bedford Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. When utility costs for operating a central heating/air conditioning system or a central hot water system are paid by the property owner, residents have little incentive to conserve. This often results in a waste of our state's natural resources and adds to the overhead of the property — and that usually means higher rents. Allocation of central system utility costs saves money for residents because it encourages conservation. 3. Payment due date. Payment of your allocated share of the central system utility costs is due 16 days after the date it is postmarked or hand delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. Unless otherwise provided, you agree to pay it at the same place your rent is paid under your lease. There will be a late charge of 5 percent of your bill if your bill is not timely paid. 4. Allocation procedures. Central system allocation is governed by the Public Utility Commission. You agree to the allocation system described below for utilities used in operating the central system(s) for the entire apartment community. During the lease term, we are authorized to allocate such central system utility costs to your apartment unit as described in paragraph 7 on the basis of [check one] ❑ square footage ❑ submetered electricity or submetered water or ❑ a combination of methods. S. What is covered. Yourmonthly rent in yourTAALease Contractdoes notcoverthe cost of electricity and gas used in operating (1) a central heating/air conditioning and/or (2) a central hot water system. You will be receiving a separate bill from us for such utilities, as indicated below. ❑ [check if applicable]. Your monthly share of the electricity and gas for operating a CENTRAL HEATING AND AIR CONDITIONING SYSTEM is described in paragraph 7. ❑ [check if applicable]. Your monthly share of the electricity and gas for operating a CENTRAL HOT WATER SYSTEM is described in paragraph 7. 6. No extras. No administrative or other fee will be added to the total utility costs to be allocated for operating the central system. Penalties or interest for our late payment of the utility bills for operating the central system will be paid by us and will not be allocated. 7. Formula. [check the one option that is applicable] ❑ Allocation will be based on square footage. The formula for allocating utility costs for the above central system(s) will be a percentage calculated by dividing the square feet in your apartment unit by the total square feet in all units and in all heated common areas and office areas in the entire apartment community. This percentage is ❑ Allocation will be based on a submetered utility. The formula for allocating utility costs for the above central system(s) will be a percentage calculated by dividing the submetered water or electricity consumption in your dwelling unit by the total submetered consumption in all dwelling units in the apartment community. The submetered utility being used for the central system allocation is [check one] ❑ water or ❑ electricity. ❑ Allocation will be based on a combination of the first two formulas: 50 percent of your allocation will be according to square footage and 50 percent of your allocation will be according to a submetered utility. The utility being used for the "submetered utility" portion of the formula is [check one] ❑ submetered water or ❑ submetered electricity. This percentage is 8. Previous average. The average monthly amount of the allocated share of central system utilities for apartment no. 1-0612 for the most recent calendar year was: $ for the central HVAC system, and $ for the central hot water system. The above amounts represent an allocation based on [checkone]❑ square footage, ❑ submetered utility or ❑ a combination of square footage and submetered utility. 9. Change of allocation formula. The above allocation formula for determining your share of central system operating costs cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice of the new formula at least 90 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed mutual agreement. 10. Right to examine records. You may examine our central system utility bills and our calculations relating to the monthly allocation of central system utility costs during regular weekday office hours. While it is not required, please give us reasonable advance notice to gather the data. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association IHFADOF HWSEHOLO ADULTCPHEADOFHOUSEHOLD EOOCSIGNER h%171 Y_ C" ym. plli4—Sty SIGNERS117/2023AT11:11AMCDT SIGNED 5/1712MAT11:09AMCDT SIGHE05/17/2023AT11:13AM CDT Valet Trash Service Addendum Valet trash service will be provided for each resident Sunday - Thursday. Valet Trash service will be provided at the monthly cost of $ 30.00. A stationary container (Waste Station) will be provided to each resident in the breezeway area and must be used in conjunction with the valet service. Bagged trash should be placed inside the Waste Station only between the hours of 6vm and 8pm. Service will begin at 8pm. All trash must be in bags and securely tied. Only bagged trash placed inside the waste station will be collected. No loose trash will be collected. All boxes must be broken down and flattened. The Waste Stations are the property of The Logan. It is the responsibility of each resident to keep his or her Waste Station clean. There will be a $ 25.00 charge to the resident if an additional or replacement Waste Station is needed or if you take the Waste Station with you when you move out. If any resident has trash that does not fit in the Waste Station or misses service on any of the designated nights, it is their responsibility to bring trash to the designated compactor or dumpster area or keep the trash inside his or her apartment until the next collection evening. Trash may NOT be left out for any reason during non -designated times. If not complied with, resident will receive a warning. If after the first warning the resident is again in violation, his or her Waste Station will be removed and/or a fine of $25.00 per bag will be issued. Waste Stations may be returned after a return fee is paid and with the resident's thorough understanding of the procedures for the service. If this problem continues beyond that, valet service for that resident will be terminated and disposing of trash will become the resident's responsibility. We hope everyone will follow the rules to enjoy this amenity. By not following the rules for our community, you are in violation of your lease agreement and this will be handled accordingly. We ask that everyone do his or her part in keeping our property clean and beautiful. By signing this addendum you are stating that you are fully aware of the rules for the valet trash service and the penalties that may be incurred. HEAD OF HOUSEHOLD A'° YGA& 5/17/2023 SIGNED 5/17/2023 AT 11:11 AM CDT Resident Signature Date ADULT CO-HEAD OF HOUSEHOLD Cry YM& 5/17/2023 SIGNED 5/17/2023 AT 11:09AM CDT Resident Signature Date Resident Signature Date Resident Signature Date 1-0612 Apt #. E-DOC SIGNER SIGNED 6/17/2023 AT 11:13AM CDT Property Representative 5/17/2023 Date AMERICAN 1�0 LANDMARK ELECTRIC TURNOVER VERIFICATION It is required that within 48 hours prior to your move in date, the electric service with _ be placed in your name. We will need to know the account number for our files. Please write your new account information below, which is confirmation that all required deposits have been made to the utility vendor. Return this form to us on your move in day. I verify that I, Nina Fore, Corey Fore will be occupying apartment # 1-0612 on 05/17/2023 and that electric service will be in my name as of my move in date. THE ACCOUNT NUMBER IS: #0 THE SCHEDULED DATE IS: NOTE: Electric must remain in vour name through the agreed upon move out date between the resident and management and may only be placed back in managements name the day after. Failure to leave electric service in vour name will result in the bill being charged back to you as well as a $25.00 utilitv penalty fee. YOU WILL NOT RECEIVE YOUR KEYS AT MOVE IN WITHOUT PROVIDING YOUR ACCOUNT NUMBER AND CONFIRMATION THAT THE ELECTRIC AT THE UNIT 'A`�'�' 3APOVE IS IN YOUR NAME. E-0OC SIGNER SIGNED AT 11:11AM CDT 5/17/2023 I6NE77/2' 023 AT 71:13AM CDT 5/17/2023 Resident Signature Date Agent for Owner Signature Date ADULT CO-HEAD OF HOUSEHOLD C" 7.4. 5/17/2023 SIGNED 5/17/2023 AT 11:09AM CDT Resident Signature Date Resident Signature Date Resident Signature Date PACKAGE ACCEPTANCE ADDENDUM This Addendum ("Addendum") is dated and effective as of the date on the Apartment Lease Contract ("Lease") to which this addendum is attached and made a part of the Lease. As in the Lease the resident(s) is/are referred to as "you" and the landlord is referred to as "us" or "we". For this system, you accept a monthly charge of 5 /month You acknowledge that: Please initial the following: • A secure package locker system is available on site. This system will accept packages on your behalf and send you notification of receipt. This system accepts packages from most carriers except USPS (United States Postal Service). We do not accept packages at the office. • We do not sign for package deliveries. If a package delivery requires a signature, it is up to you to coordinate delivery with the carrier. • Packages will be stored in the locker for up to 48 hours. You must retrieve package(s) from the locker within 48 hours (2 days) to avoid being charged a 0 daily fee. If any package is not retrieved in the designated time, you hereby grant us the right to return the package to the sender at your sole expense and charge as well as charge the daily fee to your account. Large or bulky packages will not be accepted. You will need to coordinate delivery or pickup of such package(s) with the carrier. We accept no liability for damage of packages or goods contained in the packages. We do not accept COD (Cash on Delivery) packages, parcels, or envelopes of any type. • You hereby acknowledge and agree that we have no responsibility to notify you of the receipt by us of any package(s). It is your sole responsibility to instruct the delivering entity to notify you of any delivery. You assume all risks associated with authorizing us to accept packages on your behalf and agree that we are not responsible in any way whatsoever for any lost, misplaced, stolen and/or damaged package(s) and/or other items so delivered to us. • In accordance with the foregoing, you hereby agree to indemnify, defend, and hold harmless us, our principal(s), agent(s) (including, without limitation, The Logan our joint and respective representatives, employees, directors, officers, members, partners and all associated with us from any and all damages and liability, including, without limitation, attorney fees, that may result from us accepting delivery of any package(s) on your behalf. Carriers must always attempt to deliver packages to your apartment as the office will not accept or sign for your packages. • We do not accept liability or responsibility for any package(s), even if the carrier shows a delivery signature. If a package is lost or not delivered, it is your responsibility to work with the carrier to resolve the delivery issue. You assume all risk of loss with regard to the delivery of any package(s) to the community. By signing below you acknowledge that you have read the foregoing and fully understand that we have shall have no liability associated in any way whatsoever with the convenience we offer you herein. Resident or Residents (all sign below) HEAD OF HOUSEHOLD ffin& 70/1& SIGNED 5/17/2023 AT 11:11AM CDT Resident Signature ADULT CO-HEAD OF HOUSEHOLD C" 7-& SIGNED 5/17/2023 AT 11:10AM CDT Resident Signature Resident Signature E/-DIOC SIGNER dw- 5/17/2023 SIGNED 5/17/21 AT11:13AM CDT Date Agent for Owner Signature 5/17/2023 Date Date Resident Signature Date 5/17/2023 Date City of Fort Worth, Texas Mayor and Council Communication DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION PLAN SUBJECT (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,124,648.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of $6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29%, estimated total of $330,793.14. DISCUSSION: The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling $13,124,648.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low- and moderate -income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior year's funding levels. One public hearing was held on April 27, 2022 to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 11, 2022. These funding recommendations were presented in City Council Work Session on June 7, 2022. A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 26, 2022; in the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on July 1, 2022. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 13, 2022, and the second public hearing is scheduled for the City Council meeting on August 9, 2022. A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual Action Plan will be submitted to HUD by August 15, 2022. Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 17.29% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be allocated as follows: • Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons • Housing Programs - $4,153,352.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs • Major Projects - $362,010.00: Includes funding for Southside Community Center improvements • Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services and Development Services Departments • Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be allocated as follows: • Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing cost assistance for low- and moderate - income homebuyers • Community Housing Development Organization - $707,430.00: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Development Corporation of Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. • Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of permanent supportive housing. • Administration - $321,668.50: Includes costs for administering the HOME grant • Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds be allocated as follows: • Public Service Agencies - $1,515,729.00 • Neighborhood Services Department - $650,000.00 • Administration - $66,981.00 EMERGENCY SOLUTIONS GRANT For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be allocated as follows: • Public Service Agencies - $581,403.00 • Administration - $47,140.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PROGRAM AMOUNT PLAN GOAL Homebuyer Housing Channel Affordable Housing Guardianship Services, Inc. Aging -In -Place Meals -On -Wheels, Inc. of Aging -In -Place Tarrant County Meals -On -Wheels, Inc. of Aging -In -Place Tarrant County Girls Incorporated of Tarrant Children/Youth County Training and Mentorship United Community Centers, Children/Youth Inc. Training and Mentorship Boys & Girls Clubs of Children/Youth Greater Tarrant County, Inc. Training and Mentorship Young Men's Christian Children/Youth Association of Metropolitan Training and Fort Worth Mentorship AB Christian Learning Children/Youth Center Training and Mentorship Youth Development Children/Youth FFortress Ce enter, Inc. Training and Mentorship The Presbyterian Night Homeless Shelter of Tarrant County, Services Inc. Education and $100,000.00 Housing Counseling Services Financial Exploitation $70,000.00 Prevention Center Home -Delivered $72,006.00 Meals Transportation $50,000.00 Program Leadership Program $75,000.00 Educational Enrichment Program $100,000.00 After School Program $60,000.00 Y Achievers $50,000.00 After School Program $75,000.00 Fortress PreSchool $50,000.00 Moving Home Case $125,000.00 Management Poverty Reduction Computer Skills The Ladder Alliance and Household Training - Next Level $70,000.00 Stabilization Program Easter Seals North Texas, Poverty Reduction Inc. and Household Employment Services $50,000.00 Stabilization The Women's Center of Poverty Reduction Working Families and Household $50,000.00 Tarrant County, Inc. Success Stabilization Center for Transforming Poverty Reduction Level Up Lives and Household Microenterprise $45,000.00 Stabilization ICDBG Public Service Agencies Total $1,042,006.00 Rehabilitation, Education Accessibility and Advocacy for Citizens Accessibility Improvements for $125,000.00 with Handicaps DBA Improvements Low Income REACH, Inc. Residents Accessibility United Way of Tarrant Accessibility Improvements for $50,000.00 County Improvements Low Income Senior Residents Fort Worth Area Habitat for Preserve Aging Humanity, Inc. DBA Trinity Cowtown Brush Up $455,000.00 Housing Stock Habitat for Humanity Paint Program ICDBG Subrecipient Agencies Total $630,000.00 ITOTAL CDBG CONTRACTS $1,672,006.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Supportive Services, Short -Term $429,850.00 Center, Inc. Rent, Mortgage, and Utility Assistance (STRMU) Tarrant County Administration, Facility -Based Operations, Samaritan Supportive Services, Tenant -Based Rental Housing, Inc. Assistance (TBRA) (TOTAL HOPWA CONTRACTS $1,085,879.00 $1, 515,729.00 Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY The Presbyterian Night Shelter of Tarrant County, Inc. Lighthouse for the Homeless DBA True Worth Place The Salvation Army Center for Transforming Lives SafeHaven of Tarrant County ITOTAL ESG CONTRACTS PROGRAM Shelter Operations/Services Shelter Operations/Services Homelessness Prevention Rapid Re -Housing Shelter Operations/Services AMOUNT d $130,220.00 $176, 000.00 $105,535.00 $98,743.00 $70,905.00 $581,403.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternative to consider may include staff and program reductions or eliminations. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office bv: Fernando Costa 6122 Oriainatina Business Unit Head: Victor Turner 8187 Additional Information Contact: Sharon Burkley 5785