HomeMy WebLinkAboutContract 56567-R2A2CSC No. 56567-R2A2
RENEWAL TWO AND AMENDMENT TWO
TO CITY OF FORT WORTH CONTRACT NO. 56567
This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth,
a Texas home -rule municipal corporation (hereinafter referred to as the "City,") and One Amelia Pare,
LP, each individually referred to as a "party" and collectively referred to as the "parties."
RECITALS
WHEREAS, on September 21, 2021, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56567 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program; and
WHEREAS, the Agreement's Initial Term was from August 1, 2021 to July 31, 2022 and allowed
for annual renewals upon agreement of the Parties;
WHEREAS, on August 1, 2022, the parties renewed the agreement for its First Renewal Term
beginning August 1, 2022 to July 31, 2023;
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional one year -term
beginning August 1, 2023 and expiring July 31, 2024 ("Second Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the
Agreement and shall be binding and enforceable as if they were originally included therein.
The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be
amended and replaced as follows:
3.2 Rent and Amounts Pavable by City
The City has been notified that the Tenant's Total Rent during the Initial Term is
$984.00_per month for the Unit. The City has been notified that the Tenant's Total Rent
during First Renewal Term is $1004.00 per month for the Unit. The City has been
notified that the Tenant's Total Rent during Second Renewal Term is $1052.00 per
month for the Unit.
CSC No. 56567 Renewal TWO and Amendment TWO
CoFW and One Amelia Parc, LP
Page 1 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The Tenant during the Initial Term, shall be responsible for $234.00 of rent per month
for the Unit. The Tenant during the First Renewal Term, from August 1, 2022 to August
31, 2022 shall be responsible for $234.00 of rent per month for the Unit. Beginning
September 1, 2022 to July 31, 2023, Tenant shall be responsible for $418.00 of rent per
month for the Unit. The Tenant during the Second Renewal Term shall be responsible
for $303.00 of rent per month for the Unit.
During the Initial Term City shall pay $750.00 towards the Tenant's Total Rent for the
Unit ("City Portion"). During Tenant's First Renewal Term, from August 1, 2022 to
August 31, 2022, City shall be responsible for $770.00 of rent per month for the Unit.
Beginning September 1, 2022 and ending July 31. 2023, the City Portion shall be $586.00.
During Tenant's Second Renewal Term, and until either this Agreement expires or
Landlord is notified by City otherwise, the City Portion shall be $749.00.
Neither City nor does HUD assume 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.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
CSC No. 56567 Renewal TWO and Amendment TWO Page 2 of 3
CoFW and One Amelia Parc, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
August 1, 2023.
FOR CITY OF FORT WORTH:
7a'4cj _
Name: Fernando Costa
Title: Assistant City Manager
Date: J u 110, 2023
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND
LEGALITY
Name: Jessika Williams
Title: Assistant City Attorney
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.
C�fa&e- J a'zal
Name: Cyndee Garza
Title: Sr. Human Services Specialist
CSC No. 56567 Renewal TWO and Amendment TWO
CoFW and One Amelia Parc, LP
FOR LANDLORD:
Ang��ia Medellin (Jul 6, 202313:33 CDT)
Name: Angela Medellin
Title: Property Manager
Date: Jul 6, 2023
ATTEST:
p� �pORT�9dd
od
Pig ,.Id
Name: Jannette Goodall
Title: City Secretary
Date: J u 110, 2023
M&C No.: 22-0569
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 3
' TI ase is valid only if filled out before January ], 202•
,, NA.IA,„Wi„i.M VSSIO IVI ION 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 Charles Earl McKinstry Owner One Amelia Parc LP
LEASE DETAILS
A. Apartment (
Street Address: 6100 Loop 820 South
Apartment No. 511 City:
B. Initial Lease Term. Begins: 08/01/2023
C. Monthly Base Rent (Par. 3)
$ 1052.00
D. Prorated Rent
0 due for the remainder oflst
month or
0for 2nd month
E. Security Deposit (Par. 5)
$ 250.00
Occupants
Et.
that this amount does not
include any Animal Deposit, which
would be reflected in an Animal
Addendum,
Ends at 11:59 p.m. on:
State: TX Zip: 76119
31/2024
F. Notice of Termination or Intent to Move Out (Par.4)
Aminimum of 30 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
If the number of days isn't filled in, notice of at least 30 days
is required.
G. Late Fees (Par. 3.3)
Initial Late Fee
Daily Late Fee
® 10 %of one month's monthly base rent or O
%of one month's monthly base rent for days or
p $ 25.00
O $ 5.00
for _ days
Due if rent unpaid by 11:59 p.m. on the
3rd (3rd
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)
Initial charge of $ 100. 00 per animal (not
Payment Fee (Par. 3.4)
$
to exceed $100 per animal) and
$ 35.00
Notice of days is required.
You are not eligible for early termination if
Adailychargeof$ 10.00 peranimal
I. Reletting Charge (Par. 7.1)
you are in default.
(not to exceed $10 per day per animal)
A reletting charge of $ 899.20
Fee must be paid no later than
days after you give us notice
(not to exceed85% ofthe highest
Ifvaluesore blank or"0,"then this section does
monthly Rent during the Lease term)
notapply.
may be charged in certain default
situations
L.AdditionalRent-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 $
Internet $
Package service $
Pest control $
Storage $
Stormwaterfdrainage $
Washer/Dryer $
Other:
$
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.
Apartment Lease contract @2022, Texas Apartment Association, Inc. Page 1 of 6
LEASE TERMS AND CONDITIONS
1. 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 in this 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.
Apartment. You are leasing the apartment listed above for use as a
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:
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 or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRentonorbeforethe lstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment of Rent andyou agree notpaying Rent on
or before the 1st 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 not acceptable without our prior written
permission. You cannot withhold" offsetRent 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 of our performance. When we receive money,
other than water and wastewater payments subject to
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 pay late 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 ifapplicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
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 notify the 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 for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you.
If your 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 if governed 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 ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
1n Box F on page 1 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 ofthe 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. ifthe number ofdays isn't filled in, no-
tice ofat least 30 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 aive us vour advance
notice of move out as Drovided by Par. 25 and forwarding,
address in writina to receive a written description and
itemized list of charges or refund. In accordance with our
Community Policies and as allowed bylaw, we may deduct
from your security deposit any amounts due underthe
Lease. If you move out early orin resoonse to a notice to
vacate, vou'll be liable forrekevina charges. 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 later than
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 of or damage to
your personal property. You will be required to have liability insur-
ance as specified in our Community Policies or Lease addenda un-
less otherwise prohibited by law. If you 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 be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85% ofthe highest
monthly Rent during the Lease term) if you: (A) fail 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 that the 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 or8.1 below, ifthis provision
applies under Lease Details, you may terminate the Lease
priorto the end ofthe Lease term ifollofthe following
occur: (a) as outlined in Lease Details, you give us written
notice of early termination, pay the early termination fee and
specifythe date by which 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. If you are in default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave theright under
Texas law to terminate the Lease earlyin certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death ofasole 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 Rent on 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. If we 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
any deposit(s) and any Rent you paid.
Apartment Lease Contract @2022, Texas Apartment Association, Inc. Page 2 of 6
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 by law, 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 wastewaterstoppageis due to ournegligence,
we're not liabl a for —and you must pay for —repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (A) damage from wastewaterstoppages caused by improper
objects in lines exclusivelyserving yourapartmenh (B) damage to
doors, windows, orscreens, and (C) damage from windows or doors
leftopen.
RESIDENTLIFE
10. Community Policies. Community Policies becomepart ofthe
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe 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 ofyou 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 7 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 ifyou or any ofyour 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 yourself in 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 orthreatening 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 in aloud, obnoxious or dangerous manner;
(c) disturbing or threatening the rights, comfort, health, safety,
or convenience ofothers, 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;
(i) heating the apartment with gas -operated appliances;
(j) 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 ofany kind are allowed, even tempo-
rarily, anywhere in the apartment or apartment community un-
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 or wild 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 intentto
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. if an
animal has been in the apartment at any time 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 of transportation, 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 havethe 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. If you 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 ifwritten 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.
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 3 of 6
15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership 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
andrepairs, including whether or which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing ofair 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 mayturn 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. If we fail to timely repair a condition that
materially affects the physical health orsafetyofan
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. If you follow
the procedures under those sections, the following
remedies, among others, may be 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 solejudgment, 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 rightto 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 right to 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 ofthe 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 forthe 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 pavfor missing securitv de-
vices that are reauired by law. You'll nav for: fA) rekevina that
you request (unless we failed to rekev after the Previous resi-
dent moved out); and (B) repairs or replacements because of,
misuse or damage by you or vour familv. vour occupants, or vour
ug ests. You must pay immediately after the work is done unless state
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, 92.753, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a windowlatch on each window; (8) a doorviewer (peep-
hole or window) on each exterior door,• (C) a pin lock on each sliding
door; (D) either a door -handle latch or a security bar on 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 by law. If we fail to in-
stall or rekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 91.165(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over55 or disabled, and (8) the require-
ments of Texas Property Code 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. Neitheryou 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 may be liable to us under
Texas Property Code sec.92.2671 for $100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety a nd Loss. Unless otherwise required by law, none
ofus, ouremployees, agents, ormanagement companies are liable
to you, yourguests or occupants for any damage, personal injury,
loss to personalproperty, or loss of business orpersona►income,
from any cause, including but not limited to: negligent orintention-
al acts ofresidents, occupants, orguests theft burglary, assault
vandalism or other crimes fire, flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities
pipe leaks or other occurrences unless such damage, injury orloss is
caused exclusively by a ur negligence.
We do not warrant security ofany 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, any false 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 of the
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 of wood -
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Apartment Lease Contract 02022, Texas Apartment Association, Inc. Page 4 of 6
cameras, video or other doorbells, or lock changes,
additions, or rekeying is permitted unless required by law
or we've consented in writing. You may install a satellite
dish or antenna, but only ifyou sign our satellite -dish or
antenna lease addendum, which complies with reasonable
restrictions allowed byfederal 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 forfixtures we furnish,
including exterior fixtures operated from inside the
apartment; afterthat, you'll replace them at your expense
with bulbs ofthe 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 ofthe 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 that you 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
ifallowed 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
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates the Lease or our
Community Policies, all residents are considered to have violated the
Lease.
22.1. Indemnification by You. You'lldefend indemnifyandhold us
and ourempioyees, agents, and managementcompany
harmless from all liability arising from your conduct or
requests to our representatives and from the conduct of or
requests by your invitees, occupants or guests.
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 ofa 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, we may
end your right of occupancy by giving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving 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 ourright ofeviction 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,
orto 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 ofthe 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 if you're judicially evicted or move
out when we demand because you've defaulted.
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
Ifyou don't pay the first month's Rent when or before the Lease
begins, all future Rentforthe Leaseterm 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
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 or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe or our debt
collector tries to collect any money you owe us, you
agree that we orthe debt collector may contact you by
any legal means. If you 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 if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you 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' Authority and Waivers. Our representatives (in-
cluding management personnel, employees, and agents) haven
authority to waive, amend, orterminate this Lease or any part ofit
unless in writing andsigned, and no authority to makepromises, rep-
resentations, "agreements thatimposesecuritydudes or other ob-
ligations onus or ourrepresentatives, unless in writing andsigned.
No action or omission by us will be considered a waiver ofour rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce or delay enforcement ofwritten-no-
tice requirements, rental due dates, acceleration, liens, or any other
rights isn'ta waiver under any circumstances. Delay in demanding
sums you owe is not waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
non liability 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 acting on our behalf.
ENDOFTHELEASETERM
25. Move -Out Notice. Before moving out you must give ourrepresen-
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 ofthe following:
(a) Unless we require more than 30 days' notice, if you 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 of the Lease term or renewal period.
(c) Ifwe require you to give us more than 30 days' written
notice to move out before the end ofthe 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. Ifwe 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 dean 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 Inspection. 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 reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par. 23 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 consider the 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 law officers, 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 notliable 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.
28. TAA Membership. We, the management company representing us,
or any locator service thatyou 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 association attesting to nonmembership when the Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable)
29. Severabi lity an d Survivability. If any provision of this Lease is invalid
or unenforceable under applicable law, it won't invalidate the remain-
der ofthe 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. WITHOUT THIS 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. If we are 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 God, 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 ofthis
Lease and supersede any conflicting provisions in this Lease.
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.
(Name (Name of Resident) 0 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 onbehalfofowner)
Apartment Lease Contract, TAA Official Statewide Form 22-A/B-1/B-2 Revised July 2022 Page 6 of 6
Le= Contract Addendum for Un._.
r�a._
.it���\ Participating in Government Regulated
.S RA \I[:N T'`SS Affordable Housing Programs
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. # 511 at One Amelia Parc
LP
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Participation in Government Program. We, as the owner
of the dwelling you are renting, are participating in a
government regulated affordable housing program. This
program requires both you and us to verify certain
information and to agree to certain provisions contained in
this addendum.
3. Accurate Information in Application. By signing this
addendum, you are certifying that the information provided
in the Rental Application or any Supplemental Rental
Application regarding your household annual income is true
and accurate.
4. Request(s) for Information. By signing this addendum,
you agree that the annual income and other eligibility
requirements for participation in this government regulated
affordable housing program are substantial and material
obligations under the Lease. Within seven days after our
request, you agree to comply with our requests for information
regarding annual income and eligibility, including requests
by the owner and the appropriate government monitoring
agency.These requests to you may be made to you now and
any time during the Lease term or renewal period.
5. Failure to Answer or Inaccurate Information May Be Good
Cause Grounds for Eviction. If you refuse to answer or do
not provide accurate information in response to the requests
in Par. 4 above, it may be considered a substantial violation
of the Lease and good cause grounds for terminating and/or
not renewing your Lease and for an eviction. It makes no
difference whether the inaccuracy of the information you
furnished was intentional or unintentional.
6. Termination or Non -Renewal of Lease for Housing Tax
Credit (HTC) and HOME Program Units. Provisions in Par.
6-6.4 of this Addendum shall apply only to residents living in
a dwelling covered by either the HTC program or the HOME
program. Par. 6-6.4ofthis Addendum also override anycontrary
provisions contained in the Lease. We will not evict a resident
solely on the basis that the resident is or has been a victim of
domestic violence, dating violence, sexual assault or stalking.
Resident
(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
6.1 Housing Tax Credit Program. For rental properties
participating in the HTC program, IRS Revenue Ruling
2004-82 provides that a property owner may not evict a
resident or terminate a tenancy except for good cause.
In addition, for HTC units, we must provide the notice
required under the Lease if evicting during the lease term
or if terminating your residency at the end of an initial or
renewal term.
6.2 HOME Program. For rental properties participating in
the HOME program, federal regulation 24 CFR 92.253
provides that a property owner may not evict a resident or
refuse to renew a Lease except for good cause. In addition,
for HOME program units, the property owner must provide
a resident with at least 30 days written notice before
either seeking an eviction or not renewing a Lease. The
written notice must specify the grounds for eviction or
nonrenewal of the Lease.
6.3 NHTF Program. For rental properties participating in the
NHTF program, federal regulation 24 CFR 93.303 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for good cause. In addition, for NHTF
program units, the property owner must provide a written
notice that specifies the grounds for eviction or nonrenwal
of the Lease.
6.4 Good Cause. If challenged by a resident, a court may
determine if a property owner has good cause to evict,
terminate a tenancy or not renew the Lease. "Good cause"
may include, but is not limited to, non-payment of rent,
failure to answer or provide accurate information, as
required by Par. 4 and 5 of this Addendum, serious or
repeated Lease violations, or breaking the law.
No Lien or Lockout for Unpaid Sums. For rental proper-
ties that are supported by HTC allocations, sec. 2306.6738,
Texas Government Code, prohibits such property owners
from threatening or conducting a lockout unless: allowed
by judicial process; necessary to perform repairs or
construction work; or responding to an emergency.
Personal property of resident may not be seized or threat-
ened to be seized except by judicial process unless the
premises has been abandoned as required by24 CFR 92.253.
Insurance. Insurance is not req uired but is still strongly recom-
mended. Though not required, we urge you to get your own
insurance for losses due to theft, fire, water, pipe leaks, and
similar occurrences.
Student status. Bysigningthis addendum,youagreeto notify
the owner, in writing, if there are any changes in the student
status of any residents (including replacement residents)
occupying the unit.
10. Conflict with Governing Law. To the extent that any part
of your Lease or this addendum conflicts with applicable
federal, state, or local laws or regulations, the law or regula-
tion overrides that portion of your Lease or this addendum.
owner or
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep itin a safe place.
TAA Official Statewide Form 22-V, Revised February, 2022
Copyright 2022, Texas Apartment Association, Inc.
LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
One Amelia Parc LP
Apartments in Ft. Worth
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;
❑ 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,\ 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 bill(s) 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.
s. 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 $ per unit, varying from $ to $ 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.
e. 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.
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Signatures of All 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 flat 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 -of -
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 Underbilling have the same meaning.
(17) Utility costs --Any amount charged to the owner by a retail public utility
for water or wastewater 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 orsubsidized 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 quantity of water, 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.
(a) 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 accordance with subsection
(9) 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;
(6) 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 forthe current year and the previous calendar
year, except that all submeter test results shall be maintained until the
submeter is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (e) of this section are
maintained at the on -site manager's office, the owner shall make the
records available for inspection atthe 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 manager's 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 owners 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
subchapter is 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 10 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 States 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
far 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 51% 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
(it) 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 wig 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;
(11) 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
(tit) 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 units bedrooms or all dwelling units:
(1) dwelling unit with an efficiency = 1;
(II) dwelling unit with one bedroom = 1.6;
(III) dwelling unit with two bedrooms = 2.8;
(IV) dwelling unit with 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
(it) 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
(ii) 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
there for 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. Its tenant moves out during a billing
period before the owner receives the bill for that 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.
(1) 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 (e) 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 owner shall 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.
(0 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 an 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 date 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 or weekend, 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.
(1) 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.
Q) 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 penalty 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 late penalty.
§ 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 properly 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 date, 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 test 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 pointof-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 AWWA 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 submetered 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.
LEASE ADDENDUM REGARDING SMOKING
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
One Amelia Parc LP
Texas OR
the house, duplex, etc. located at (street address).
Apartments in Ft. Worth
in
, 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.
Z. 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.
8. 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 smolte-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 o I Resideri s
Signature of Owner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
One Amelia Parc LP
Apartments in Ft. worth
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.
S. 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.
Sig"tur,,oesidentsSignature of Owner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM FOR WASHING MACHINE AND DRYER
Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
One Amelia Parc LP
Apartments in Ft. worth
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Use of Appliances. You (as residents) have permission from us (as owner) to install and use (check all that apply):
❑ a washing machine and/or ❑ a dryer in the dwelling unit described above, subject to the conditions in this addendum.
Please remember that we do not select your washing machine or dryer, install them, maintain them, or use them. You are
in the best position to prevent water, fire, smoke or other damage caused by: (1) a defective washing machine or dryer;
(2) a washing machine or dryer accident; or (3) improper installation, maintenance or use of a washing machine or dryer.
3. Conditions. If your washing machine and/or dryer leaks, floods, causes a fire, causes smoke damage, or otherwise
malfunctions or is misused, it can cause a lot of problems and a lot of damage to your unit and other units, as well as damage
to your personal property and personal property of residents in other units. For these reasons, your right to install and use a
washing machine and/or dryer in your unit is subject to the following conditions. You automatically agree to those conditions
when connecting or using a washing machine and/or dryer in your unit.
4. Installation. You should be especially careful in your choice of a washing machine and/or dryer and in their installation,
maintenance and use just as if it were in your own home. You and all other residents, occupants, and guests in your
unit must follow manufacturer's instructions for the washing machine and/or dryer's installation, maintenance, and use.
Installation must be done by a professionally qualified person or company approved by us. We recommend that you have it
professionally installed.
5. Responsibility for damage. You agree to assume strict liability for all damage to your unit and to other units and to
personal property in your unit and other units if the washing machine and/or dryer leaks, floods, malfunctions or is misused,
or in any other way causes damage —unless it is caused by us or our management company, or acts of God to the extent they
couldn't be mitigated by your action or inaction. That means you will be responsible for costs of removing water from carpets,
replacing permanently damaged carpets, repainting, and any other repairs or damages to your unit and to other units, as well
as damage to personal property in your unit and other units if, among other things:
the water or dryer vent hoses break or leak; or
• the water or dryer vent hoses were incorrectly connected or did not have protective washers in the connections; or
• the washing machine and/or dryer was overloaded, causing it to malfunction; or
• the washing machine and/or dryer leaks or malfunctions for any other reason,
• the owner's insurance may not cover such damages, and the owner is under no obligation to have insurance that does
cover such damages.
6. New hoses. When installing the washing machine, you must use new hoses since bursting or leaking hoses are the most
common cause of water damage. Stainless braided water hoses are recommended. Similarly, you should use a new dryer
vent hose when installing your dryer.
T. Inspection. You must not use the washing machine and/or dryer until management has inspected the installation. Such
inspection does not relieve you of liability in the event of water, fire, smoke or other damage from your washing machine and/
or dryer.
8. Maintenance. You will have the sole responsibility for maintaining your washing machine and all related hardware. Such
maintenance must include, but is not limited to, regularly cleaning lint from your dryer's lint trap.
9. Insurance. At all times you must carry renter's insurance that provides insurance coverage for damage to your personal
belongings from accidental water discharge from your washing machine or other causes. Similarly, it must provide coverage
for fire or smoke damage from your washing machine and/or dryer. It must also provide coverage for any potential liability,
due to your fault, for water, fire, smoke or other damage to other units and to personal property of others. You must verify
with your agent that such coverages are included in your policy and must furnish us a copy of the policy upon our request.
� Signatures o All Residents
Signature of Owner or Owner's Representative
Texas Apartment Association
0:#J �� Mold Information and Prevention Addendum
ti:�r:�NrAn•:r:'rASS 0(:in•i 10\
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 for you, 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 have agreed to rent.
That dwelling is: Unit # 511 at
One Amelia Parc 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
break down 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 byshoes, clothing, and other materials.There is
conflicting scientific evidence about how much mold mustaccumulate
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.
(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. Failing 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 or caulking 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.
S. 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 ofthe common household
cleaners can actually kill mold. Second,Tilexand Cloroxcontain bleach,
which can discolor or stain surfaces, so follow the instructions on the
container.) Always clean and applya biocideto an area five or sixtimes
larger than any mold you see —mold can be present but not yet visible
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. Machine washing 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 ceilings orto large areas ofvisible 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 ifproblems develop that could leadto moldgrowth.lfyouhave
questions about this addendum, please contact us atthe 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.
(sign below)
(Name of Resident)
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 1S-FF, Revised January201S
Copyright 2015,Texas Apartment Association, Inc. .--,•.,,
:Y.0,14•
EXA8APAR AIV.\'I' ASS(x:I.CIION
Animal Addendum
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 ff it causes damage or disturbs other residents.
1. Dwelling Unit.
Unit# at 6100 East Loop
820 South
(street address) in Ft.
, Texas 76119 (zipcode).
2. Lease.
Owner's name: One Amelia Parc LP
Residents (liistailresidents): Charles Earl McKinstry
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 ofthe rules in this addendum.
4. Animal Deposit. You must pay a one-time animal deposit of
$ 300.00 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 if the animal is removed.
S. 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 of this 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 $ ;26. 00 i,u
B. Additional Fee. You must also pay a one-time nonrefundable fee
of$ 0.00 to keep the 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 ofthis addendum:
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:I 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:
13.5 Outdoor Waste Areas. Outside, the animal may urinate or def-
ecate only in these designated areas:
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 any time, 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. Ifwe allow animal 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 our)udgment) 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. Ifwe receive a reasonable complaint from
a neighbor or other resident or )f we, 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 sole judgment, 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. [fan
'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 any way, 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 thatthe approval ofthe
animal to live in your apartment is expressly conditioned upon all of
the forgoing being true and ifyou 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.
me of Resident) Date signed
me of Resident) Date signed
me of Resident) Date signed
ame of Resident) Date signed
ame of Resident) Date signed
ame of Resident) Date signed
Owner or Owner's Representative (sign below)
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Date signed
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TAA Official Statewide Form 22-E, Revised February 2022 Q
Copyright 2022, Texas Apartment Association, Inc.
TAA Official Statewide Form 22-E, Revised February 2022 Q
Copyright 2022, Texas Apartment Association, Inc.
Bed Bug Addendum
'I'13\.43 Ali\K'I \I lc�'I :\5S0[:IA'I'Ir)N
Please note: We want to maintain a high -quality living environment for you. It's important to work together to
minimize the potential for bed bugs in your dwelling and others. This addendum outlines your responsibility
and potential liability when it comes to bed bugs. 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. # 511 at One Amelia Parc
LP
(name of apartments)
or other dwelling located at
(street address of house, 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 48 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.
Ifyou disclose a previous experience of bed -bug infestation, we can
review documentation of the 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 if those
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.
S. 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 pest you 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 after your 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.
(Name of Resident) I Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
02019 TEXAS APARTMENT ASSOCIATION, INC.
CONTINUED ON BACK
Bed Bugs
A Guide for Rental -Housing Residents
(Adapted with permission from the National Apartment Association)
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 across the 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.
TAA Official Statewide Form 194J, Revised October 2019 Q
Coovriaht 2019. TP%as An trt tAc in 11n 1
--
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023
ACTION PLAN
CODE: C TYPE: NON -CONSENT PUBLIC YES
HEARING:
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
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M&C Review Page 2 of 6
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 staffs 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
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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
AGENCY
Housing Channel
TABLE 1: CDBG AGENCIES
CONSOLIDATED
PLAN GOAL
Affordable Housing
Guardianship Services, Aging -In -Place
Inc.
Meals -On -Wheels, Inc. Aging -In -Place
of Tarrant County gin g
PROGRAM
AMOUNT
Homebuyer
Education and
$100,000.00
Housing Counseling
Services
Financial Exploitation
$70,000.00
Prevention Center
Home -Delivered
$72,006.00
Meals
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M&C Review
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Meals -On -Wheels, Inc.
Aging
of Tarrant County
gin g -In -Place
Girls Incorporated of
Children/Youth
Tarrant County
Training and
Mentorship
United Community
Children/Youth
Centers, Inc.
Training and
Mentorship
Boys & Girls Clubs of
Children/Youth
Greater Tarrant County,
Training and
Inc.
Mentorship
Young Men's Christian
Children/Youth
Association of
Training and
Metropolitan Fort Worth
Mentorship
AB Christian Learning
Children/Youth
Center
Training and
Mentorship
Fortress Youth
Children/Youth
Development Center,
Training and
Inc.
Mentorship
The Presbyterian Night
Shelter of Tarrant
County, Inc.
The Ladder Alliance
Easter Seals North
Texas, Inc.
Homeless Services
Poverty Reduction
and Household
Stabilization
Poverty Reduction
and Household
Stabilization
The Women's Center of Poverty Reduction
Tarrant County, Inc. and Household
Stabilization
Center for Transforming Poverty Reduction
Lives and Household
Stabilization
CDBG Public Service Agencies Total
Rehabilitation,
Education and Accessibility
Advocacy for Citizens Improvements
with Handicaps DBA p
REACH, Inc.
United Way of Tarrant Accessibility
County Improvements
Fort Worth Area Habitat Preserve Aging
for Humanity, Inc. DBA Housing Stock
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
Moving Home Case
Management
Computer Skills
Training - Next Level
Program
Employment
Services
Working Families
Success
Level Up
Microenterprise
Accessibility
Improvements for
Low Income
Residents
Accessibility
Improvements for
Low Income Senior
Residents
Cowtown Brush Up
Paint Program
$50,000.00
$125,000.00
$70,000.00
$50,000.00
$50,000.00
$45,000.00
1�$1,042,006.00
$125,000.00
$50,000.00
$455,000.00
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Trinity Habitat for
Humanity
JCDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
AGENCY
TABLE 2: HOPWA AGENCIES
PROGRAM
AIDS Outreach Administration, Supportive Services, Short -
Center, Inc. Term Rent, Mortgage, and Utility Assistance
(STRMU)
Tarrant County Administration, Facility -Based Operations,
Samaritan Housing, Supportive Services, Tenant -Based Rental
Inc. Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY 11 PROGRAM
The Presbyterian Night Shelter of Tarrant JIShelter
County, Inc.
Lighthouse for the Homeless DBA
Worth Place
The Salvation Army
Center for Transforming Lives
SafeHaven of Tarrant County
TOTAL ESG CONTRACTS
$630,000.001
1$1,672,006.00
11 AMOUNT I
$429,850.00
$1,085,879.00
1�$1,515,729.00
11 AMOUNT
��$130,220.00�
��$176,000.00�
��$105,535.00�
11 $98,743.00
$70,905.00
II$581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Operations/Services
True Shelter
Operations/Services
Homelessness
Prevention
JlRapid Re -Housing
Shelter
Operations/Services
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.
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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.
TO
Fund I Department ' Account Project Program Activity ' Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Oriqinatinq Department Head: Victor Turner (8187)
Additional Information Contact: Sharon Burkley (5785)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN 21001.docx (Public)
19NS ACTION PLAN 2022 Aqencv Form 1295 Forms.odf (CFW Internal)
Action Plan Budaet-Staff Recommendations Citv Council Work Session 060722.pdf (Public)
Secretary of State Aqencv Listinqs 2022-2023.odf (Public)
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