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HomeMy WebLinkAboutContract 58533-R1A1CSC No. 58533-RlA1 RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT NO. 58533 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and 1350 E. Seminary LLC ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on December 1, 2022, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 58533 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Agreement's Initial Term was from December 1, 2022 to August 31, 2023 and allowed for annual renewals upon agreement of the Parties; and 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 Agreement for an additional one year -term beginning September 1, 2023 and expiring August 31, 2024 ("First 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 $1370.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the First Renewal Term is $1395.00 per month for the Unit. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 58533- Renewal One and Amendment One Pagel of 3 CoFW and 1350 E. Seminary LLC. The Tenant during the Initial Term, shall be responsible for $582.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for $571.00 of rent per month for the Unit. During the Initial Term, City shall pay $788.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During Tenant's First Renewal Term, the City Portion shall be $824.00. 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. [SIGNATURE PAGE FOLLOWS] CSC No. 58533- Renewal One and Amendment One Page 2 of 3 CoFW and 1350 E. Seminary LLC. IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective September 1, 2023. FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Oct 8, 2023 APPROVAL RECOMMENDED a�-6U...i� 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. � ��' 1101-1� Ju W C. Pena (Oct 6, 2023 21:53 CDT) Name: Julie Pena, MSW Title: Sr. Human Services Specialist FOR LANDLORD: Elizabeth Bagias Elizabeth Barajas (Oct 6, 2023 18: 5 CDT) Name: Elizabeth Barajas Title: Property Manager Oct 6, 2023 Date: ATTEST: Name: Jannette Goodall Title: City Secretary Date: Oct 9, 2023 M&C No.: 22-0569 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 58533- Renewal One and Amendment One Page 3 of 3 CoFW and 1350 E. Seminary LLC. Nov This Lease is valid only iffilled out before January 1, 2024. IN AST 1,11111 HINANINPAn•rau•:� rnss<x;lnllcm Apartment Lease Contract 1111211111111 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 al I residents. The terms "we; "'us," and "ow" refer to the owner listed below. PARTIES Residents LEASE DETAILS A. Apartment (Par. 2) O8/31/2024 C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice ofTermination or Intent to Move Out (Par. 4) $ 1395.00 $ Aminimum of 60 days'written notice of termination or intent to move out required at end of initial Lease term or during renewal period Note that this amount does not D. Prorated Rent include anyAnimal Deposit, which Ifthe number ofdays isn't filledin, notice ofat least30 days $ 1395.00 would be reflectedin onAnimal is required. 0 due for the remainder of 1st Addendum. month or ❑ for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee ® 10 6 ofone month's monthly base rentor ❑ % of one month's monthly base rent for days or ❑ $ ❑ $ for days Due if rent unpaid by 11:59 p.m, on the 3rd 1'3rd orgreater) day of the month H. Returned Check or Rejected IOptional Early Termination Fee (Par.7.2) K. Animal Violation Charge (Par. 12.2) Payment Fee (Par. 3.4) $ 1185.95 Initial charge of$ 100.00 peranimal(not $ 75.00 Notice of days isrequired. to exceed $100 per animal) and You are not eligible for early termination if Adailychargeof$ 10.00 peranimal 1. Reletting Charge (Par. 7.1) you are indefault. (not to exceed $10 per day per animal) Arelettin charge 1185.75 9 9 Fee must be paid no later than days after you give us notice (not to exceed 85% ofthe highest Ifvaluesare blank or"0,"then this section does man thly Rent during th e Lease term) notappI y. 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. Animalrent $ 15.00 Cable/satellite $ Trash service $ 10.00 Internet $ Package service $ Pest control $ 5.00 Storage $ Stormwater/drainage $ Washer/Dryer $ Other. Ancillary Billinq Fee $ 5.25 Other: Community Fee $ 50.00 Other. Internet/Cable Packacre Fee $ 65.00 Other. $ M. Utilities and Other Variable Charges, You will pay separately forgas, 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 02022, Texas Apartment Association, Inc Page I 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 wastewaterstoppage is due to ournegligence, we're not liable for —and you must pay for —repairs and replace- ments occurring during the Lease term or renewal period, includ- ing, (A) damage from wastewaterstoppages caused by improper objects in lines exclusivelyserving yourapartment; (B) damage to doors, windows, orscreens, and (C) damage from windows or doors leftopen, RESIDENTILIFE 10.Commu nity Policies. Community Policies become part 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 if the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts in Lease Details. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken ofyou while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At oursole 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 providerto give us information about pending or actual connections or disconnections ofudlity service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our solejudgment, 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 if you or any of youroccupants: (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 haveagainstyou. 10.5. Odors and Noise. You agree that odors, smoke and smells including those related to cooking and everyday noises orsounds are all a normal part of a multifamily living environment and that it is impractical for us to prevent them from penetrating you rapartment, 11. Conduct. You agree to communicate and conduct yourself inalaw- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1, Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in away that may alarm others; (b) behaving in aloud, obnoxious or dangerous manner; Apartment Lease Contract®2022, Texas Apartment Association, Inc. (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 forentry or exit; (i) heating the apartment with gas -operated appliances; Q) making bad -faith or false allegations against us or our agents to others; (k) smoking ofany 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 childcare services) in yourapartment or in the apartment community —except for any lawful business conducted "at home" bycomputer, 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 apartmen t 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 of this Lease. 12.1. Removal of Unauthorized Animal, We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our Intent to remove the animal within 24 hours; and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be I fable 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. Ifyouor 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 ofoccupancy (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 ofall 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 understate law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not in compliance with our Community Policies. 14. When We May Enter. lfyouorany other resident, guest oroccupant Is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes if written notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. Page3of6 `R— Y. Federally Required Lead Hazard TEXAS APARThMrrr ASR0aLATION q Information and Disclosure Addendum IMPORTANT NOTICE TO RESIDENTS: The following information is taken from a brochure entitled"Protect Your Family from Lead in Your Home" prepared by the US. Environmental Protection Agency, the US. Consumer Product Safety Commission and the U.S. Department of Housing and Urban Development. While the information must be distributed to residents before they become obligated under the lease for most types of housing built before 1978, it does not mean thatthe dwelling contains lead -based paint (LBP).The brochure was written in general terms and applies to both home purchasers and renters. The information outlines action that can be taken to test for, remove or abate LBP in a dwelling.TheTAA Lease Contract ("Lease') specifically prohibits a resident from performing this type of work —only the dwelling owner may do so under the Lease. If you have any questions about the presence of LBP in your dwelling, please contact the owner or management company before taking any action to test, abate or remove LBP. NOTE: Page references in the content of this form are to pages in the EPA brochure. Protect Your Family From Lead in Your Home �0% EPA UnkedSates Environmental Protection Agency 7� a United States ® Consumer Product - Safety Commission „ .. I Untied States * {IIIIII� rt DepartmentHousing I and Urban Development Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead -based paint: • Don't try to remove lead -based paint yourself. • Always keep painted surfaces in good condition to minimize deterioration. • Getyour home checked for lead hazards. Find a certified inspector or risk assessor at epa.govAead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. • Regularly clean floors, window sills, and other surfaces. • Take precautions to avoid exposure to lead dust when remodeling. • When renovating,repairing, or painting, hire only EPA- or state - approved Lead -Safe certified renovation firms. • Before buying,renting, or renovating your home, have it checked for lead -based paint. • Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. • Wash children's hands, bottles, pacifiers, and toys often. • Make sure children eat healthy, low -fat foods high in iron, calcium, and vitamin C. • Remove shoes or wipe soil off shoes before entering your house. ® Tous ArAmmEw AssooATim, Inc., 2021 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead -based paint? Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to leam: • How lead gets into the body • How lead affects health • What you can do to protect your family • Where to go for more information Before renting or buying a pre-1978 home or apartment, federal law requires: • Sellers must disclose known information on lead -based paint or lead - based paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead -based paint. Buyers have up to 10 days to check for lead. • Landlords must disclose known information on lead -based paint or lead -based paint hazards before leases take effect. Leases must include a specific warning statement about lead -based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment: • Read EPA's pamphlet, The lead -Safe Certified Guide to Renovate Right, to learn about the lead -safe work practices that contractors are required to follow when working in your home (see page 12). Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies ifthey: • Breathe in lead dust(especially during activities such as renovations, repairs, or painting that disturb painted surfaces). • Swallow lead dust that has settled on food, food preparation surfaces, and other places. • Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. • At this age, children's brains a i and nervous systems are more sensitive to the damaging effects of lead. f� • Children's growing bodies absorb more lead. • Babies and young children - often put their hands - and otherobjectsin their —• `C mouths. These objects can have lead dust on them. £•--^--f' Women of childbearing age should know that lead is dangerous to a developing fetus. • Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. PAGE 1 OF S I " Health Effects of Lead CheckYour Family for Lead Lead affects the body in many ways. It is Important to know that Get your children and home tested if you thinkyour home has even exposure to low levels of lead can severely harm children. lead. In children, exposure to lead can cause: Children''sblood lead levels tend toIncrease rapidly from 6to12 months of age, and tend to peak at 18 to 24 months of age, Nervous system and kidney damage Learning disabilities, g Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for disorder, and decreased intelligence a d • Speech, language, and behavior Children at ages 1 and 2 problems Children or other family members who have been exposed to high Poor muscle coordination levels oflead houkibetestedunderyourstateorlocalhealth Decreased muscle and bone growth I scrinwho eeni ng Plan • Hearing damage Your doctor can explain what the test results mean and if more testing will be needed. While low -lead exposure is most common, ae exposure to high amounts of lead can have wvw devastating effects on children, including seizures, unconsciousness, and in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: Harm to a developing fetus Increased chance of high blood pressure during pregnancy Fertility problems (in men and women) High blood pressure Digestive problems Nerve disorders Memory and concentration problems 3 4 Muscle and joint pain Where Lead -Based Paint Is Found Identifying Lead -Based Paint and Lead -Based Paint Hazards In general, the olderyour home or childcare facility, the more likely it has lead -based paint' Deteriorated lead -based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate Many homes, including private, federally -assisted, federally- attention. Lead -based paint may also be a hazard when found on owned housing, and chi ldcarefaciItiles built before 1978have surfaces that children can chew or that get a lot of wea r and tear, lead -based paint. In 1978, the federal government banned consumer such as: uses of lead -containing paint? on windows and Windowsills Learn how to determine if paint is lead -based paint on page 7. Doors and door frames Lead can be found: • Stairs, railings, banisters, and porches • In homes and childcare facilities in the city, country, or suburbs, Lead -based paint is usually not a hazard if it is in good condition and if it is not on an Impact or friction surface like a window. In private and public single-family homes and apartments, Lead dust can form when lead -based paint is scraped, sanded, or • On surfaces inside and outside ofthe house, and heated. Lead dust also forms when painted surfaces containing In soil around a home. (Sol[ can pickup lead from exterior paint or lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter other sources, such as past use of leaded gas in ors.) the airwhen the home is vacuumed or swept or when people walk through it. EPA currently defines the following levels of lead in dust as Learn more about where lead is found at epa.gov/lead. hazardous: 10 micrograms per square foot (µg/ft� and higher for floors, including carpeted Floors 100 pg/ftz and higher for interiorwindow sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: 400 parts per million (ppm) and higher in play areas of bare soil 1,200 ppm (average) and higher in bare soil in the remainder oftheyard t'Lead-based paint. Is currently defined by the federal govern—t as paint with Remember, lead from paint chips —which you can see —and lead lead levels greaterthan orequal w lA milligram per square centmeter(mghm%or dust —which you may not be able to see —both can be hazards. more than 05%by weight -Lead—twining paint- Is cwrentty defined by the federal gwermtent as lead in new The only way to find out if paint, dust or soil lead hazards exist is to test for them. The describes how to do this. dded paint in excess of 90 parts per million (ppm by veighL next page 5 ®TDm APARTMENT AssoaatwN, INC., 2021 PAGE 2 of 5 8 -1a d Checking Your Home for Lead You can get your home tested for lead in several different ways: A lead -based paint inspection tells you if your home has lead - based paint and where it is located. It won't tell you whetheryour home currently has lead hazards. A trained and certified testing professional, called a lead -based paint inspector, will conduct a paint inspection f1 using methods, such as: Portable x-ray fluorescence (XRHmachine Lab tests of paint samples A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a riskassessor, will: Sample paint that is deteriorated on doors, windows, floors, stairs, and walls Sample dust near painted surfaces and sample bare soil in the yard • Get lab tests of paint, dust, and soil samples • Acombination inspection and risk assessment tells you ifyour home has any lead -based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and askquestions about anything you do not understand. What You Can Do Now to Protect Your Family If you suspect that your house has lead -based paint hazards, you can take some immediate steps to reduce your family's risk If you rent, notify your landlord of peeling or chipping paint. Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember. never mix ammonia and bleach products together because they can form a dangerous gas.) Carefully clean up paint chips immediately without creating dust. Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. Wash your hands and your children's hands often, especially before they eat and before nap time and bedtime. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces, or eating soil. When renovating, repairing, or painting, hire only EPA -or state - approved Lead -Safe Certified renovation firms (see page 12). Clean or remove shoes before entering your home to avoid tracking In lead from soil. Make sure children eat nutritious, low -fat meals high in iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead. ®TrxAs Amiumrrrr AssocurioN, IK., 2021 Checking Your Home for Lead, continued In preparing for renovation, repair, or painting work in a pre-1978 home, Lead -Safe Certified renovators (see page 12) may: • Take paint chip samples to determine if lead -based paint is present In the area planned for renovation and send them to an EPA -recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead -based paint Inspector or risk assessor • Use EPA -recognized tests kits to determine if lead -based paint is absent (but not in housing receiving federal assistance) • Presume that lead -based paint Is present and use lead -safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gowlead, or call 1-800-424-LEAD (5323) fora list of contacts in your area? 3 Hearing-orspeedc-challenged individuals rnaya ss this numbertrroughTrY by calling the Federal Relay Service at 1-8MB77-8339. Reducing Lead Hazards Disturbing lead -based paint or removing lead improperly can increase the hazard to your family by le T spreading even more lead dust around T the house. l I! • In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead -based paint hazards by taking actions, such as r repairing damaged painted surfaces and planting grass to cover lead - contaminated soil. These actions are not permanent solutions and will need ongoing attention. • You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or state - certified renovatorwho is trained in the use of lead -safe work practices. lf you are a do-it-yourselfer, learn how to use lead -safe work practices in your home. • To remove lead hazards permanently, you should hire certified lead abatement contractor. Abatement (or permanent hazard elimination) methods Include removing, sealing, or enclosing lead -based paint with special materials. Just painting over the hazard with regular paint is riot permanent control. Always use a certified contractor who is trained to address lead hazards safely. • Hire a Lead -Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement contractor. -This will ensure your contractor knows how to worksafely and has the proper equipment to clean up thoroughly Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. PAGE 3 of 5 9 %z " ' Reducing Lead Hazards, continued If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 10 micrograms per square foot (µg/ft') for floors, including carpeted floors 100 µg/ft2 for interior windows sills 400 µg/ftz for window troughs Abatements are designed to permanently eliminate lead -based paint hazards. However, lead dust can be reintroduced into an abated area, Use a HEPAvacuum on all furniture and other items returned to the area, to reduce the potential for reintroducing lead dust. Regularly clean floors, window sills, troughs, and other hard surfaces with a damp cloth or sponge and a general all-purpose cleaner. Please see page 9 for more information on steps you can take to protect your home after the abatement. For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 15 and 16), epa,gov/lead, or call 1-80G-424-LEAD. 12 Other Sources of Lead Lead in Drinking Water The most common sources of lead in drinking water are lead pipes, faucets, and fixtures. Lead pipes are more likely to be found in oldercities and homes built before 1986. You can't smell or taste lead in drinking water. To find out for certain if you have lead in drinking water, have your water tested. Remember older homes with a private wel I can also have plumbing materials that contain lead. Important steps You Can Take to Reduce Lead in Drinking Water Use only cold water for drinking, cooking and making baby formula. Remember, boiling water does not remove lead from water. Before drinking, flush your home's pipes by running the tap, taking a shower, doing laundry, or doing a load of dishes. Regularly clean your faucet's screen (also known as an aerator). If you use a filter certified to remove lead, don't forget to read the directions to learn when to change the cartridge. Using a filter after it has expired can make it less effective at removing lead, Contact your water company to determine if the pipe that connects your home to the water main (called a service line) is made from lead. Your areas water company can also provide information about the lead levels in your systems drinking water. For more information about lead in drinking water, please contact EPA's Safe Drinking Water Hotline at 1-800-426-4791. If you have other questions about lead poisoning prevention, call 1-800 424-LEAD,* Call your local health department or water company to find out about testing your water, orvisit epa,gov/safewater for EPA's lead in drinking water information. Some states or utilities offer programs to pay for water testing for residents. Contact your state or local water company to learn more. ' Hearing -or speech -challenged Individuals may access this number throughTTY by calling the Federal Relay Setvice at 1-800-877-8339. 14 OTExits AnA m in Assocunan, IRc., 2021 Renovating, Repairing or Painting a Home with Lead -Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as preschool and kindergarten), your contractor must: • Bea Lead -Safe Certified firm approved by EPA or an EPA -authorized state program ; vl`JgiJ,`I r • Use qualified trained individuals (lead -Safe V,r J -' Certified renovators) who follow specific lead -safe work practices to prevent lead contamination • Provide a copy ofEPA's lead hazard information _ document, The Lead -Safe Certified Guide to Renovate Right C' , RRP contractors working in pre-1978 homes and childcare facilities must follow lead -safe work practices that: • Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Waming signs must be put up, and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead -contaminated dust. Some methods generate so much lead - contaminated dust that their use is prohibited. They are: • Open -flame burning ortorching • Sanding,grinding,planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment • Using a heat gun at temperatures greaterthan 1100°F • Cleanup thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be deaned up using special cleaning methods. • Dispose of waste properly. Collect and seal waste In a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA's requirements for RRP projects, visit epa.gov/getleadsafe,orreadTheLead-SafeCertifiedGu/d`eto Renovate Right. Other Sources of Lead, continued • Lead smelters or other industries that release lead Into the air. • Your job. Ifyou work with lead, you could bring it home on your body or clothes, Shower and change clothes before coming home. Launder your work clothes separately from the rest of yourfamilys clothes. • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. • Old toys and furniture may have been painted with lead -containing paint. older toys and other childrerrs products may have parts that contain lead! • Food and liquids cooked or stored in lead crystal or lead -glazed pottery or porcelain may contain lead. • Folk remedies, such as "greta" and "azarcon," used to treat an upset stomach. ' In 1978, the federai gwenment banned toys, other cNidrens products, andfumiture with lead—iminIng paint In 2008, the federal goverrvnent barred lead In most chlldreas produm7he federal 9wemmentcvrrenty bans lead In excess of 100 ppm PAGE 4 of 5 / For More Information Consumer Product Safety Commission (CPSC) The Natbral —d lnf---Center team lawto ppaalec[d�Ilorm from lard poaoning antl get other Informatbn about lead lloran sonthe Weba[ eW yw,safr va[er and IwJgwAexr, «mll 1-0aa-a3alFAo (532s1• EPAssara onnary waterHowne N i[eW neaa in`(w Iv[dlmnzb�w,[iead irmill�linw wate, ,« rig water. ramumer ProduRSafety Commivbn (cPse) Hotline Pon Ynomatkm m lead in [qs and other mnsumer Product;«m 1a�6a3e-]T «Nd[�S�swebshe att­`d InJurycall sarwproauctsyov. StateandlmlHa+hhand EnWmnmenblltg tes some slate; Mbe;and cites law thehown rules ranted m lead - based patnc Owdeleith yaurlomlagenryto seewhds laws appy ale exba stern fir`sm In alw pwme atr anon s—mein, You r area, and an possade swras of afi Mwiai wrasnasknfwYoursmR«Rbol`can2c[sorr[the Web a[ epagw/sareleater, «contact the National lead Infomatlon Center at 1•a60.42MFAD, tie.'k-er speeds<)allerged YdMdualsmayac�s 7:21 he phare nanbersy thls b,otl lhrau 31byWIYgMemg- tree federal RdaY 6ervi« at /-6aO.aT/-a339. Thews pmtectsthepublicagainstunreasonableriskofinjury fmm oonsvmerpred— though edumtiory safety standards ,cd des,andenf,rce LCom,ct CPSCf«furtherinformation regarsring c«uumer produR sa(ery and reguladms. cesc 4330 EartWest Highway Belhesda,MD_14 I 1-80063B-2T12 epacgov or safe rproductsgov U.S. Department of Housing and Urban Development (HUD) creHODS mission h [o create strong sustainable, indusive ommuni[res wnroi and aeafthy ome,f fora7LORonn lead Haaam Read and Healthy tom es Ichpaher Nnfliasn =978 theloadsafe Housing Rule, leachprotectsfamilies in pre-1 r,h assisted housing and («the lead snood mnwlassd research grantprogram; HUD 4sl Se nths[reetsw,Room B236 Washingmn, DC 2 10.31100 (202)402-7698 hud,9-11-d IMPORTANTI Lead From Paintr Oust and Sell in and Around Your Home Can Be Dangerous if Not Managed Properly . O3drcn smder6yaln old are most at rick forkad po'satinghs ,home . lid egware tm harm � chlldras and bathes ften tefcretheyarabon. • ibnno, W-K and d" are fadrda brat before 1— -fdeym-cslri leadWsed paln1 .Een hK-,tnsea'nhml&yruyhnedag k,,'. of lead In thin bodln . OItNrGgsvfaresxrpers, budpaia mange. i fsn d. 4�ttrrptopayrm iraeve tiedarham )da'famly. • Ftcpfe angtti®dFmihrir bodesb/brenhfngn srm�wrrgt�a oat, oriryeaorydl«pamdapa lead •People taler ,,ptbns fin reduvg laldfs>mNs c ly, kook sed pant that is in good condtion Is ahanrd(seapage lif. 0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785 0 EPA Region 6Office (includes Texas)-214/665-2704 0 CPSC-800/638-2772 0 National Lead Information Center-800/424-5323 FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS LEAD WARNING STATEMENT Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health haz- ards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors (owners) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (residents) must also receive a federally approved pamphlet on lead poisoning prevention. (This addendum is a"pamphlet"within the meaning offederal regulations.The term"in the housing below means either inside or outside the housing unit.) LEAD-FREE HOUSING If the housing unit has been certified as"lead free according to 24 CFR Section 35.82, the lead -based paint and lead -based paint hazard regulations do not apply, and it is not necessary to provide this addendum, ora lead -based paintwaming pamphlet and lead -based paint disclosure statement, to the lessee (resident). LESSOR'S DISCLOSURE Presence of lead -based paint and/or lead -based paint hazards (checkonly one box) ® Lessor (owner) has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. O Lessor (owner) knows that lead -based paint and/or lead -based paint hazards are present in the housing (explain). Records and reports available to lessor (check onlyone box) ® Lessor (owner) has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. O Lessor (owner) has reports or records indicating the presence of some lead -based paint and/or lead -based paint hazards in the housing, and has provided the lessees (residents) with all such records and reports that are available to lessor (list documents). Agents Statement. If another person or entity is involved in leasing the dwelling as an agent of the lessor (Le., as a managementcompany, real estate agent or locator service acting for the owner), such agent represents that: (1) agent has informed the lessor of the lessor's obligations under42 U.S.C. 4852(d); and (2) agent is aware of agent's responsibility to ensure that lessor complies with such disclosure laws. Such compliance maybe through lessor himself or herself, or through lessor's employees, officers or agents. Lessor's obligations include those in 24 CFR Sections 35.88 and 35.92 and 40 CFR Sections 745.107 and 745.113. Agent's obligations include those in 24 CFR Section 35.94 and 40 CFR Section 745.115. Accuracy Certifications and Resident's Acknowledgment. Lessor and any agent named below certify that to the best oftheir knowledge the above information and statements made or provided by them, respectively, are true and accurate.The person who signs for the LESSOR maybe. (1) the owner himself or herself; (2) an employee, officer or partner of the owner, or (3) a representative of the owner's management company, real estate agent or locator service if such person is authorized to sign for the Iessor.The person who signs for the AGENTmay be: (1) the agent himself or herself; or (2) an employee, officerorpartnerofthe agent ifsuch person is authorized to sign for the agent.The lessees (residents) signing below acknowledge thatthey have received a copy ofthisTAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure form and pamphlet information required by federal law regarding lead poisoning prevention. 1350 State/ZIP Leesident) Lessee (Resident) Datesigned Lessee (Resident) Date signed Lessee (Resident) Date signed Date signed Lessee (Resident) Date signed Lessee (Resident) Date signed 1350 E. Seminary Dr. LLC Estrella at Seminary Printed name of LESSOR (owner) ofthe dwelling Printed name jan,AGENToflessor,i.e.,ma agementmmpany,real estat�agen/ :ran—, volvedl ing welling Signature of person signing onbehalfofaboveLESSOR Date signed ,,YYGGSGcgait/r(reb/ sg(�gonbehalfp veA NT,ifany Date signed PAGE 5 Of 5 You are entitled toreceive a copy ofthis Addendum afteritis fullysigned. Keep it in a safe place TAA Official Statewide Form 21-AA/BB/CC _ Copyright October, 202 1, Texas Apa rtment Association, Inc. FLOOD DISCLOSURE NOTICE In accordance with Texas law, we are providing the following flood disclosure: We M are or ® are not aware that the unit you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. We O are or ® are not aware that the unit you are renting has flooded (per the statutory definition below) at least once within the last five years. As defined in Texas Property Code 92.0135(a)(2), "flooding" means "a general or temporary condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (8) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall." Signatures of All Residents Signature of Owner or Owner's Representative Date Texas Apartment Association P'll-E41411 Bed Bug Addendum 'r'IMS APAIrl`AItiN'I' ASSUCISf IU,,N Please note. We want to maintain a high -quality living environment foryou. its 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 itcomes to bed bugs. It also gives you some important Information aboutthem. 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: (nameofoportments) or other dwelling located at (stree t address ofhouse, duplex, etc.) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address any infestation of bed bugs (Cimex lectular)us) 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- TATIONSM • YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY US OF ANY BED BUGS OR BEDBUG 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 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 of treating the dwelling, build- ing, and common areas for bed bugs. We can also inspect and treat adjacent or neighboring dwellings to the infestation, even ifthose dwellings are not the source or cause of the known infestation. Si- multaneously as we treat the dwelling, you must at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest -control firm that we approve. Ifyou 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 notto treat the dwelling fora bed -bug infestation on your own. Notification. You must promptly notify us: • ofany 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 anycondition or pestyou believe is in thedwelling; AND • if you discover any condition or evidence that might indicate the presence or infestation of bed bugs, or ff you receive any confirmation of bed -bug presence by a licensed pest -control professional or other authoritative source. i. 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 rightto 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. F. 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 ofcleaning 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 ofthe dwelling. Ifyou don't move out after your right ofoccupancy has been terminated, you will be liable for holdover rent under the Lease Contract. 8. 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 bya licensed pest -control professional. You must provide proofof such cleaning and treatment to our satisfaction. You are legally bound by this document. Please read it carefully, Resident or Residents (allsign below) —fir/, w eprese e(sig�) (Name of Resident) Datesigned %/ " Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigned (Name of Resident) Date signed You are entitled to receive a copy ofthis Addendum after it is fully signed. Keep it in asafe place. 02019TEKAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK ���� Bed Bugs A Guide for Rental -Housing Residents (Adapted with permission from the National ApartmentAssociation) Bed bugs are wingless, flat, broadly oval -shaped in- sects, with a typical lifespan of 6 to 12 months. Capa- ble of reaching the size of an apple seed atfull 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 thethreat 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 (carpetcan be pulled awayfrom the wall and tackstrip) • 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. TAAOffidal Statewide Form 191J, Revised October 2019=r Copyright 2019,T"as ApartmentAssociation, Inc / CEAVA` Mold Information and Prevention Addendum T NAS APART\1 RNTA.SSOCIN ON 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 importantinformation foryou, and responsibilities for both you and us. 1. 1. Addendum.This is an addendum to the Lease Contract executed by you, the residentor residents, on the dwelling you have agreed to rent. 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—theyare 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 forfood. Without molds we would be struggling with large amounts of dead organic matter. Mold spores (like plant pollen) spread through the air and are commonlytransported byshoes, clothing, and othermaterials.There is conflicting scientificevidence about how much mold mustaccumulate before itcreates 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. Throwaway 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 file 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. Its also good practice to open windows and doors periodically on days when the outdoor weather is dry (Le., 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. 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, 5. Cleaning Mold. If small areas of mold have already accumulated on nonporous surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood, or plastic), the Environmental Protection Agency recommends that you first clean the areas with soap (or detergent) and waterand 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 Dlsinfectane, 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 kllI mold. Second,Tilexand Clorox contain bleach, which can discolor or stain surfaces, so follow the instructions on the container.) Always clean and apply a biocide to an area five or six times larger than any mold you see —mold can be present but notyetvisible 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 thefibersare completely dry. Machine washingordry-cleaning will remove mold from clothes. 6. Waming for Porous Surfaces and large Surfaces. Do not clean or apply blocides to visible mold on porous surfaces such as sheetrock walls orceilings or to large areas ofvisible mold on nonporous surfaces. Instead,notifyus inwriting andwewilltakeappropriateactiontocomply 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 correctlyifproblemsdevelopthatcould leadtomold growth.lfyou have questions aboutthis 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. Resident or Residents (all sign below) 9wtter Owners epresentativ si n below) (Name of Resident) 7C� O (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Yourare entitled to receive a copy ofthisAddendum afteritis fullysigned. Keep itin asafe place. TAA Official Statewide Form 15-FF Revised January 2015 n Copyright 2015,Texas Apartment Association, Inc 15 `%a ■ rl A*L TEXAS nt•,urrnu?N'1' ASSOCIe\'PION Security Guidelines for Residents Addendum 1. Addendum. This is an addendum to the Lease Contract ("Lease") executed by you, the resident(s), on the dwelling you have agreed to rent.That dwelling is: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclaim any express or implied warranties ofsecurity. We care about your safety and that of other occupants and guests. No security system is failsafe. Even the best system can't prevent crime. Always act as If security systems don't exist since they are subject to malfunction, tampering, and human error. The best safety measures are the ones you perform as amatterofcommon sense and habit. Inform all other occupants in your dwelling, including any children you may have, about these guidelines. We recommend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: • In case of emergency, call 911. Always report emergencies to authorities first and then contact the management. • Report any suspicious activity to the police first, and then follow up with a written notice to us, • Know your neighbors. Watching out for each other is one of the best defenses against crime. Resident or Residents (of/ sign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) • Always be aware of your surroundings and avoid areas that are not well -traveled or well -lit. Keep your keys handy at all times when walking to your car or home. • Do not go inside if you arrive home and find your door open. Call the police from another location and ask them to meet you before entering. • Make sure door locks, window latches and sliding glass doors are properly secured at all times. • Use the keyless deadbolt on your unit when you are at home. • Don't put your name or address on your key ring or hide extra keys in obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekey your locks at your expense, in accordance with paragraph 11 of the Lease. Check the door viewer before answering the door. Don't open the door if you don't know the person or have any doubts. Children who are old enough to take care of themselves should never let anyone inside when home without an adult. • Regularly check your security devices, smoke alarms and other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. • Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke alarms and other detection devices, as well as any other malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. ner r Owner's Representatt n below) Yourare entitled to receive a copy ofthisAddendum afteritis fullysigned. Keep it in a safe place. TAA Official Statewide Form 15-M, Revised January, 2015 Copyright2015,TexasApartment Association, Inc. 16 ' LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS i. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the ,Apartments in Fort 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): 0 subdivision (1) 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 fall 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. s. 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. a. PUC. Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those rules. 1o.Conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your apartment no later than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks. Signatures of All Residents SI a /OZ r0epresenlahve Texas Apartment Association 18 Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In accordance with PUG 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 utilfty 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 forwaler 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, ors 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 H 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 commur ity—A property on which spaces are rented for the occupancy of manufactured homes for nontmnsiem 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 pads, office complex, or marina with five or more units that are occupied primarily for nonlranslent 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, firth, 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) Poinlof--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. (16) 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 some meaning. (18) Utility service —For purposes of this subchapter, utility service Includes only drinking water and wastewater. § 24.277. Owner Registration and Records (a) Registration. An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission in a form prescribed by the commission. (b) Water quantity measurement. Except as provided by subsections (c) and (d) of this section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of: (1) submeters, owned by the property owner or manager, for each dwelling unit or rental unit; or (2) Individual meters, owned by the retail public utility, for each dwelling unit or rental unit. (c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides government assisted or subsidized rental housing to low orvery low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters forthe 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 pudic utility determines that installation of meters is not feasible, the properly owner or manager shall install a plumbing system that Is compatible with the Installation of submeters or individual meters. A retail pudic 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 accordancewith subsection (g) of this section. The owner may require that the request by the tenant be in writing and include: (1) a current and complete copy of TWC, Chapter 13, Subchapter M; (2) a current and complete copy of this subchapter, (3) a current copy of the retail public utility's rate structure applicable to the ownerss bill; (4) Information or tips on how tenants can reduce water usage; (5) the bills from the retail public utility to the owner, (6) for allocated billing: (A) the formula, occupancy factors, if any, and percentages used to calculate tenant bills; (B) the total number of occupants or equivalent occupants If an equivalency factor is used under §24.281(e)(2) of this title (relating to Charges and Calculations); and (C) the square footage of the tenant's dwelling unit or rental space and the total square footage of the apartment house, manufactured home rental community, or multiple use facility used for billing if dwelling unit size or rental space is used; (7) for submetered billing: 19 ' (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. (() Records retention. Each of the records required under subsection (a) of this section shall be maintained for the current year and the previous calendar year, except that all submeter test results shall be maintained until the submeter Is permanently removed from service. (9) Availability of records. (1) If the records required under subsection (a) of this section are maintained at the on -site manager's office, the owner shall make the records available for inspection at the on -site manager's office within three days after receiving a written request. (2) If the records required under subsection (a) of this section are not routinely maintained at the on -site 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 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 submelering 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 alkrcate 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(dx3) of this title (relating to Charges and Calculations) that will be billed to tenants. (b) Requirement to provide rules. At the time a rental agreement is discussed, the owner shall provide a copy of this subchapter or a copy of the rules to the tenant to Inform the tenant of his rights and the owner's responsibilities under this subchapter. (c) Tenant agreement to billing method changes. An owner shall not change the method by which a tenant Is billed unless the tenant has agreed to the change by signing a lease or other written agreement. The owner shall provide notice of the proposed change at least 35 days prior to implementing the new method. (d) Change from submetered to allocated billing. An owner shall not change from submetered billing to allocated billing, except after receiving written approval from the commission after a demonstration of good cause and If the rental agreement requirements under subsections (a), (b), and (c) of this section have been met. Good cause may Include: (1) equipment failures; or (2) meter reading or billing problems that could not feasibly be corrected. (a) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this 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 utilitys rate structure includes a customerservice charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, Including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submetered utility service. The tenant's submetered charges must include the dwelling unit base charge and customer service charge, If applicable, and the gallonage charge and must be calculated each month as follows: (1) water utility service: the retail public utility's total monthly charges for water service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2) wastewater utility service: the retail public utility's total monthly charges for wastewater service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured bythe 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 Stales Gode, §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 utilitys master meter bill for water and sewer service to the tenants, the owner shall first deduct: (A) dwelling unit base charges or customer service charge, if applicable; and (B) common area usage such as Installed landscape irrigation systems, pools, and laundry rooms, if any, as follows: (1) if all common areas are separately metered or submetered, deduct the actual common area usage; (ill 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; (if) 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 51A of the retail public utility's master meter bill; or (Iv) If common areas that are served through the master meter that provides water to the dwelling units are not separately metered or . submetered and there is no Installed landscape Irrigation system, deduct at least 5 k 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: (1) 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 (11) the number of occupants in the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants in all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use In units that are occupied by multiple tenants. The ratio occupancy formula that is used must assign a fractional portion per tenant of no less than that on the following scale: (1) dwelling unit with one occupant = 1; (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 + CA per each additional occupant over three; or (III) the average number of occupants per bedroom, which shall be determined by the following occupancy formula. The formula must calculate the average numberof occupants In all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants in each of the dwelling unit's bedrooms or all dwelling units: (1) dwelling unit with an efficiency =1; (II) dwelling unit with one bedroom =1.6; (111) 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 orcold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage In all dwelling units; (8) a condominium manager shall multiply the amount established in paragraph (1) of this subsection by any of the factors under subparagraph (A) of this paragraph or may follow the methods outlined in the condominium contract; (C) for a manufactured home rental community, the owner shall multiply the amount established in paragraph (1) of this subsection by: (I) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the area of the individual rental space divided by the total area of all rental spaces; and (D) for a multiple use facility, the owner shall multiply the amount established In paragraph (1) of this subsection by: (I) any of the factors developed under subparagraph (A) of this paragraph; or (11) 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 forthe last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month. (f) Conversion to approved allocation method. An owner using an allocation formula other than those approved in subsection (a) of this section shall Immediately provide notice as required under §24.279(c) of this title (relating to Rental Agreement) and either. (1) adopt one of the methods In subsection (a) of this section; or (2) Install submeters and begin billing on a submetered basis; or (3) discontinue billing for utility services. § 24.283. Billing (a) Monthly billing of total charges. The 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. Submetem or point -of -use submeters shall be read within three days of the scheduled reading date of the retail public utllilys 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) Mulfi4tem bill. If issued on a multi -item bill, charges for submetered or allocated utility service must be separate and distinct from any other charges on the bill. (f) Information on bill. The bill must clearly state that the utility service is submetered or allocated, as applicable, and must Include all of the following: (1) total amount due for submetered or allocated water, (2) total amount due for submetered or allocated wastewater, (3) total amount due for dwelling unit base charge(s) or customer service charge(s) or both, if applicable; (4) total amount due for water or wastewater usage, If applicable; (5) the name of the retail public utility and a statement that the bill Is not from the retail public utility; (6) name and address of the tenant to whom the bill Is applicable; (7) name of the firm rendering the bill and the name or title, address, and telephone number of the firth or person to be contacted in case of a billing dispute; and (8) name, address, and telephone number of the party to whom payment Is to be made. (g) Information on submetered service. In addition to the Information required In subsection (f) of this section, a bill for submetered service must Include all of the following: (1) the total number of gallons, liters, or cublcfeetsubmetered 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. (i) Estimated bill. An estimated bill may be rendered if a master meter, submeter, or point -of -use submeler 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 cne-lime 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 stales 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 pointoWse submeters necessary for the measurement of water to tenants and to common areas, If applicable. (3) Submeter or point-ofuse 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 dose as possible to the condition ofzero error and within the accuracy standards established by the American Water Works Association (AWWA) for water meters. Polmof-use submeters must be calibrated as closely as possible to the condition ofzero 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 ownerfortesting 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) dale(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 pointof-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 submeteror point -of -use submeter removed and tested and promptly advise the tenant of the test results. (8) Billing for submeteror 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 polnlof-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 pointof-use submeter error. If a submeter does not meet AWWA accuracy standards or a pointof-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 submeterwas 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 orallocated water service, the owneror managershall 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 laterlhan 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 Rush; 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 FOR ALLOCATING STORMWATER/DRAINAGE COSTS 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Fort worth Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. Governmental entities impose stormwater/drainage fees to help pay for the cost of maintaining the infrastructure needed to prevent flooding and lessen the impact of pollution on our water system. These fees can be significant. Our property has chosen to allocate this fee so residents are more aware of the true costs associated with these fees and so it is not necessary to raise rents to keep pace with these fee increases. 3. Your payment due date. Payment of your allocated stormwater/drainage bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of 5 percent of your stormwater/drainage bill if we do not receive timely payment. If you are late in paying the stormwater/drainage bill, we may immediately exercise all lawful remedies under your lease contract, including eviction just like late payment of rent. 4. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for stormwater/ drainage costs. You will pay separately for these monthly recurring fixed charges which are defined under the Lease as "Additional Rent". You may receive a separate bill from us each month orwe may include these items as separate and distinct charges as part of a multi -item bill. You agree to and we will allocate the monthly stormwater/drainage bill for the apartment community based on the allocation method checked below. (check only one) ❑ Apercentage reflecting your apartment units share of the total square footage in the apartment community, i.e. your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e. the number of people living in your apartment divided by the total number of people living in the entire apartment commu- nity for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units). ❑ Half of your allocation will be based on your apartment's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. x0 Per dwelling unit ❑ Other formula (see attached page) S. Penalties and fees. Only the total stormwater/drainage bill will be allocated. Penalties or interest for any late payment of the master stormwater/ drainage bill by us will be paid for by us and will not be allocated. A nominal administrative fee of $ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. 6. Change of allocation formula. The above allocation formula for determining your share of the stormwater/drainage bill cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree to the change in a signed lease renewal or signed mutual agreement. Z. Right to examine records. You may examine our stormwater/drainage bills from the utility company, and our calculations relating to the monthly allocation of the stormwater/drainage bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. Signatures of All Residents ma (, of �e�eprek Texas Apartment Association . LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS -FLAT FEE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Texas OR the house, duplex, etc. located at (street address) in Apartments in Fort worth , Texas. 2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of $ 10.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of $ per month (not to exceed $3) for processing and billing. Your trash/recycling bill may include state and local sales taxes as required by state law. 3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately exercise all lawful remedies under your lease contract, including eviction. Signatures of All Residents -Sikaperlrc f orOwner's Reprhe,,'e Texas Apartment Association . %"'� LEASE ADDENDUM REGARDING SMOKING Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Fort Worth Texas OR the house, duplex, etc. located at (street address) , Texas. 2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is strictly prohibited. This is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and substantial violation of this addendum and a breach of the TAA Lease Contract. The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any dwelling or building, whether leased by you or another. 3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially designated areas, if any. The permissible smoking areas are marked by signs. Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit: ❑ is permitted © is not permitted. Only the following outside areas may be used for smoking: Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be at least 30 feet from the buildings in the apartment community, including administrative office buildings. If the previous field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including administrative office buildings. The smoking -permissible areas are marked by signage. Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or rental premises. 4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees, regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building, shall always be in excess of normal wear and tear in our community and at the rental premises. 5. Your responsibility for loss of rental income and economic damages regarding other residents. You are responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of smoke related damages Including smoke odors. 6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette, hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non -tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. T. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease Contract subject to any duty to mitigate. a. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility for any other damages or loss under the TAA Lease Contract or any other addendum. Texas Apartment Association 9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that a failure on their part to comply is the same as non-compliance by you. 10. No warranty of a smoke -free environment. Although we prohibit smoking in all interior parts of the dwelling units and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no -smoking policy is a joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report violations of our no -smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with us if it becomes necessary to pursue action for any violations of the no -smoking policy. This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum. Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following boxes: ❑ Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the unit. ❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit. Signatures of All Residents Si: e4oOner 6r Owner's 2etenj ' t---- Texas Apartment Association . LEASE ADDENDUM FOR AUTOMATED ELECTRONIC PAYMENT OF RENT AND CERTAIN OTHER ITEMS 1. Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Fort Worth Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Automated electronic payments. "Automated electronic payments" include "Automated Clearing House" (ACH) and "Credit and Debit Card' (Card) transactions. ACH refers to the nationwide network of banking institutions that have agreed to process electronic payments automatically from your bank account to our bank accounts. Virtually all banks and credit unions participate, "Card' refers to credit and debit card transactions, including those cards bearing the Visa, MasterCard, Discover and American Express logos. Collectively "automated electronic payments" are paperless transactions that occur Instantly and automatically without a check being hand -processed through a local bank clearinghouse or the Federal Reserve System. 3. Advantages. There are significant advantages for you in paying your rent via automated electronic payments. They include: • greater convenience since you won't have to worry each month with writing, mailing or delivering a rent check; • no late charges since your rent will always be paid timely, assuming there are sufficient funds in your checking account; • greater security since there is no chance that a check signed by you will fall Into the wrong hands or get lost in the mall; and proof that you've paid since your bank statement is evidence of payment according to ACH and card network rules. 4. ACH payment authorization. By initialing here and executing this addendum, you are agreeing that your rent payment or other payments as authorized by you will be collected automatically each month via ACH by debiting (charging) your checking account electronically, in the case of your rent payment, on the same day of the month that your rent is due under your TAA Lease Contract, and in the case of other payments, on the date(s) you authorized by separate agreement. 8. Card payment authorization. By initialing here and executing this addendum, you are agreeing that your rent payment or other payments as authorized by you will be collected automatically each month by charging your credit or debit card electronically, In the case of your rent payment, on the same day of the month that your rent is due under your TAA Lease Contract, and In the case of other payments, on the date(s) you authorized by separate agreement. 6. Other non -rent items. Payment to us for other amounts (such as NSF charges, damages, or charges related to unauthorized animals, etc.) may be mailed to us, deposited in our onsite drop box (If any), or delivered in person. Such other payments will not be processed by Card or ACH electronic transfer except with your approval given at the time of each payment. T. Your right to opt out. You have the right at any time to give us written notice of your decision to revoke your authorization for the ACH or Card method of payment and to thereafter pay by regular check, certified check, or money order according to the TAA Lease Contract. 8. Delinquency. As long as your rent payments via ACH or Card are authorized and settled, you may continue ACH or Card payment of your rent and enjoy any special considerations specified in paragraph 11 of this addendum. If any ACH or Card rent payment does not clear, It will be treated as a default ijust like an NSF check) under the TAA Lease Contract. We have the right at any time to require you to pay all future rent payments by regular check, oertfed check or money order, as per the TAA Lease Contract, in lieu of payment through ACH or Card. 9. Multiple residents. If there are two or more residents on the TAA Lease Contract and if we accept multiple checks, each of you authorize us to process your rent payment through ACH or Card as it becomes due, as follows: Each resident's printed name Each resident's portion of the total monthly rent payment Ta dese Hadau Hanibal Abraha Yordanos Sebhat Each co -resident of the unit must sign the attached form that authorizes automatic electronic payments through ACH or Card. This addendum does not alter the provisions in the TAA Lease Contract regarding joint and several liability if there are multiple residents. 10. ACH and Card rules. We, as owners, agree to comply with all ACH and Card rules and operating regulations of the credit associations and networks. 11. Special provisions. du Signatures of All Residents Signwner 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 Apartments in Fort 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. M 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. M 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 M the leasing office or M any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed handguns are prohibited in both). M 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 M the leasing office or M 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 (a) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe. 5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and agree that: (a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety; (b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation, default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice of a violation; (c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge, restrict or otherwise change the standard of care that we would have to you or any other household in the apartment community to render any areas in the apartment community any safer, more secure, or improved as compared to any other rental property; (d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved safety or security standards than any other rental property; (a) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns, firearms, or other weapons; and (f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests' cooperation and compliance. Signatures of All Residents Signdtur6 of Owner or Owner's Repres ntative L Texas Apartment Association . COMMUNITY POLICIES ADDENDUM 1. Addendum. This is an addendum to the Lease between you and us for Apt. No. in the Apartments in Fort worth Texas OR the house, duplex, etc, located at (street address) in Texas. 2. Payments. All payments for any amounts due under the Lease must be made: ® at the onsite manager's office W through our online portal ❑ by mail to or ❑ other: The following payment methods are accepted: ® electronic payment ® personal check ® cashier's check ® money order, or ❑ other: We have the right to reject any payment not made in compliance with this paragraph. Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers, scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease; removing Illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters; late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred in rekeying security devices required by law if you vacate the apartment in breach of this Lease. 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 payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among all residents. 4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by: ® online portal ❑ email to ❑ hand delivery to our management office, or ❑ other: From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call list. To ant out of receiving these messaaes. please submit a written request to us by the method noted above.. You agree to receive these messaaes from us throuah an automatic teleahone dialina system. arerecorded/artificial voice. messages. SMS or text messaaes. or anv other data or voice transmission technoloay. Your agreement is not reauired as a, condition of the nurchase of anv nrooerty. aoods. or services from us. Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order. After-hours phone number (Always call 911 for police, fire, possible criminal activity or medical emergencies.) Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's expense at any time if the vehicle: (a) has a flat fire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing; (c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment; (e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated "no parking" area; (i) is in a space that requires a permit or is reserved for another resident or apartment; 0) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster; (1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or (m) is not moved to allow parking lot maintenance. ' 6. HVAC Operation. If the exterior temperature drops below 32' F you must keep the heat on and set to a minimum of 50° F. You must also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises above 32' F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times. 7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of the Amenities at any time. Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage or injury that results from the use of any Amenities by you, your invitees, your licensees, your occupants, or your guests. This release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities. 8. Package Services. We ❑ do or® do not accept packages on behalf of residents. If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express, Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost, damaged or unordered deliveries and will hold us harmless. 9. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations under applicable law. 10. Special Provisions. The following special provisions control over conflicting provisions of this form: Signature of All Residents Signaturg—of wrier or Owner's Reprefentative Texas Apartment Association Media Service and Amenity Addendum This Addendum is made a part of the Apartment Lease Contract (the "Lease") by and between the Lessee and Lessor set forth below, effective as of 09/01/2023 (the "Addendum Date"). This Addendum shall remain in effect for so long as the Lease is in effect. Lessee: Date of 09/01/2023 Lease Start Date of Lease Monthly Amenity Fee 09/01/2023 $ 57 Lessor: Estrella at Seminary 1350 East Seminary Drive Fort Worth, TX, 76115 Contact Onboard Name Contact (817) 984-4553 Telephone Contact info@onboardtoday.com Email Background Lessor has arranged for third party service providers ("Service Providers") to make available certain amenities and services to residents at the Property. Lessee will receive the amenities identified below on the following terms. 1. Standard Amenities. a. Service Providers will provide the following services to Lessee's unit at the Property (the "Standard Amenities"). [High Speed Internet: "Ultra" Provided by Spectrum (WiFi & Wired), Equipment Included I Television: Two (2) HD Receiver(s), for access to Spectrum "Select" (125+ Channels)] b. Lessee shall pay the monthly amenity fee stated above to Lessor (paid in advance), in addition to rent and any other amounts due under the Lease, which amount shall be due at the same time and on the same terms as Lessee's rent payment. Partial months may be pro -rated based on move-in/out date or start of service date. c. If Lessee does not pay the amenity fee when due and payable hereunder, such default may result in a discontinuance of Standard Amenities. d. Lessee acknowledges that Lessor works with third party Service Providers and does not provide the Standard Amenities. As a result, Lessor does not offer credits to Lessee for any service outage or disruption or if the Standard Amenities are unavailable for any reason. Lessee will be required to contact the Service Providers directly to inquire about any service credits or to report service issues 2. Optional Amenities. Lessee may contact Service Providers directly to purchase additional, upgraded services from Service Providers. Service Providers will bill Lessee separately for any fees for purchased additional services. Lessee will not pay Lessor for any additional services. 3. Terms of Use. a. Lessee must contact [onboardtoday.com/estrellaatseminary or (817) 984-4553] to setup an account in order to receive the Standard Amenities. b. Lessee's use of the Standard Amenities and any additional services purchased is subject to Service Providers' standard terms and conditions. 4. Installation and SunDort of Services. a. Service Providers will be responsible to install the Standard Amenities at the Property and to Lessee's unit. Lessee understands that the Service Provider may need to access Lessee's unit to complete the installation. Lessee also understands and agrees that Lessor is not responsible for any damages to Lessee's property that may occur during installation. Lessee agrees to provide access to the Lessee's unit to allow for installation at reasonable times. Lessor will not be responsible for any damage to the Lessee's unit or property resulting from installations by the Service provider. b. Lessee understands that the Lessor does not provide end user support for such service and Lessee is to report any service problems with the Standard Amenities or additional services directly to the Service Provider [onboardtoday.com/estrellaatseminary or (817) 984-45531 5. Cancellation Policv a. BY ENROLLING IN THE STANDARD AMENITIES, LESSEE ACCEPTS THE TERMS OF THE CANCELLATION POLICY. LESSEE WILL BE RESPONSIBLE FOR THE TOTAL REMAINING BALANCE OF THE STANDARD AMENITIES THROUGH THE END OF THE LEASE TERM. Other than as set forth in this Addendum, all of the terms and conditions of the Lease shall remain unamended and in full force and effect. This Addendum shall remain in effect for the same duration as the Lease. To the extent the terms of this Addendum conflict with the Lease, this Addendum shall control. Intentionally omitted, signatures to follow. LESSEE LESSOR Name: Name: Estrella at Seminary Signature: Date: 7783000.v1 STANDARD MITIGATED RISK ADDENDUM This Addendum is attached to and becomes a part of the Lease Agreement. For the duration of the Lease, Resident is required to maintain and provide the following minimum required insurance coverage: • $100,000 Limit of Liability for Resident legal liability for damage to Landlord's property for no less than the following causes of loss: fire, smoke, explosion, backup or overflow of sewer, drain or sump, and water damage ("Required Insurance"). Resident is required to furnish Landlord with evidence of Required Insurance prior to occupancy of leased premises and at the time of each lease renewal period. If at any time Resident does not have Required Insurance, Resident is in breach of the Lease and Landlord shall have, in addition to any other rights under the Lease, the right but not the obligation to purchase Required Insurance coverage protecting the sole interest of the Landlord and seek contractual reimbursement from the Resident for all costs and expenses associated with such purchase. Resident may obtain Required Insurance or broader coverage from an insurance agent or insurance company of Resident's choice. If Resident furnishes evidence of such insurance, Resident must name Landlord and Estrella at Seminary as additional interest or interested parry and maintain the insurance for the duration of the Lease. If Resident does not maintain Required Insurance, the insurance requirement of this Lease may be satisfied by Landlord, who may purchase such coverage through the Landlord Required Insurance Policy ("LRIP"). The coverage provided under the LRIP will provide the Required Insurance coverage listed above. An amount equal to the total cost to the Landlord for the LRIP coverage shall be charged to Resident by the Landlord as a recoverable expense or fee under the Lease. Some important points of this coverage, which Resident should understand are: 1. LRIP is designed to fulfill the insurance requirement of the Lease. Landlord is the Insured under the LRIP. This is single interest insurance. Resident is not an Insured, Additional Insured or beneficiary under the LRIP. All loss payments are made to the Landlord. 2. LRIP coverage is NOT personal liability insurance or renters insurance. LRIP does not cover the Resident's personal property (contents), additional living expenses or liability arising out of bodily injury or property damage to any third party. If Resident requires any of these coverages, then Resident should contact an insurance agent or insurance company of Resident's choice to obtain personal liability insurance or renters insurance to protect Resident's interests. 3. Coverage under the LRIP may be more expensive than the cost of Required Insurance obtainable by Resident elsewhere. At any time, Resident may contact an insurance agent or insurance company of their choice for insurance options to satisfy the Required Insurance under this Lease. 4. If Resident has purchased Renters Insurance and at any time allows such Renters Insurance to lapse in breach of the Lease Agreement, Landlord may purchase LRIP without notice and add the total cost associated therewith to Resident's rent payment. 5. Licensed insurance agents may receive a commission on the LRIP. 6. Landlord may have a profit interest or ownership of the insurance company taking the risk of the LRIP. 7. The total cost to the Resident for the Landlord obtaining LRIP shall be eleven dollars and ninety-five cents ($11.95) per month and shall not be pro -rated for any partial month. This is an amount equal to the actual premium charge to the Landlord including any premium taxes and fees due to state governing bodies and also includes a three dollar and eighty-one cent ($3.81) administrative expense fee for the expense of processing payments and administering this program. There is no other fee, cost or charge added to or included within this total cost. 8. In the event that loss or damage to Landlord's property exceeds the amount recovered from LRIP or Required Insurance, Resident shall remain contractually liable to Landlord for such amount. In the event of liability to any other party for bodily injury or property damage, Resident shall remain liable to such other party. 9. It shall be the Resident's duty to notify Landlord of any subsequent purchase of personal liability or Renters Insurance. As used in this Addendum: "Lease" may be interchangeable with "Lease Agreement'; "Resident' may be interchangeable with "Resident" or "Tenant", and "Landlord" may be interchangeable with or "Owner". Scheduling of the premises under the LRIP is not mandatory and Resident may purchase Required Insurance from an insurance agent or insurance company of Resident's choice at any time and coverage under the LRIP will be terminated by the Landlord. Resident Signature Date '7aAdqa Estrella at Seminary 1350 East Seminary Drive Ft Worth, TX 76115 (817) 924-4052 P Estrella at Seminary - SURETY BOND ADDENDUM 1. PARTIES: This Surety Bond Addendum (the "Addendum") is made and entered into on the date 09/01/2023, by and between, 1350 E. Seminary Dr. LLC , its agents and representatives (the "Owner") and Ta dese Hadgu , Hanibal Abraha and Yordanos Sebhat (collectively, the "Resident"). Owner and Resident are collectively referred to herein as the "Parties." 2. ADDENDUM: This Addendum constitutes an addendum to the Lease between Owner and Resident, dated 09/01/2023 (the "Lease") for the residence located at 1350 East Seminary Drive (address) in Ft Worth, TX 76115 (city, state, postal code) (the "Property"), and is hereby incorporated into and made a part of the Lease. Where the terms and conditions found in this Addendum vary or contradict any terms or conditions found in the Lease, the Addendum shall control. Owner requires that Resident provide Owner a security deposit to protect Owner from any damage or other losses that may occur during the time Resident leases and resides in the Property. Resident may choose to reduce or eliminate the security deposit by purchasing a surety bond from another company. If Resident purchasers a surety bond, the bond will be available to Owner for recovery of any damage or other loss to Owner caused by Resident. If Resident chooses to purchase a surety bond from another company, the agreement between Resident and the surety bond company will not be a part of the Lease. THE MONEY RESIDENT PAYS TO THE SURETY BOND COMPANY IS NOT A SECURITY DEPOSIT AND IS NOT REFUNDABLE. FURTHERMORE, EVEN IF OWNER MAKES NO CLAIM AGAINST THE SURETY BOND, RESIDENT WILL NOT BE ENTITLED TO ANY REFUND OF THE SURETY BOND PREMIUM AT THE END OF THE LEASE TERM. ADDITIONALLY, THE MONEY RESIDENT PAYS TO THE SURETY BOND COMPANY IS NOT INSURANCE AND DOES NOT PROVIDE ANY COVERAGE FROM CLAIMS AGAINST RESIDENT FOR ANY DAMAGE OR OTHER LOSSES THAT MAY OCCUR DURING THE LEASE TERM. If Resident purchases a surety bond, Resident will have obligations to the surety bond company that are separate and independent from the duties Resident has under the Lease. RESIDENT WILL NOT BE RELEASED FROM RESIDENT'S OBLIGATIONS TO OWNER UNDER THE LEASE, EXCEPT TO THE EXTENT THAT OWNER RECEIVES PAYMENT FROM THE SURETY BOND COMPANY WHICH SATISFIES RESIDENT'S OBLIGATIONS TO OWNER. Specifically, if the surety bond company does not pay the total amount of damage or other loss that Owner experiences, Resident will be required to pay Owner for the remaining amount. The Parties agree that this Addendum does not constitute a security deposit or a fee in lieu of a security deposit as specified in Sections 92.102 and 92.111 of the Texas Property Code. The Parties further agree that the provisions of Sections 92.102 and 92.111 do not govern this Addendum. Accordingly, Owner has no obligation to account for or refund the money Resident pays to the surety bond company. [Signature page follows] Page 1 OWNER(S): Owner Date Owner Date RESIDENT(S): Resident Date Resident Date Resident Date Resident Date ��^^ Page 2 COMMUNITY POLICIES, RULES AND REGULATIONS ADDENDUM This addendwn is incorporated into the lease Contract identified belowand is in addition to the terms and conditions contained in the Lease. f any terms of this Addendum conflict with the Lease, the terms of this Addendum shall be controlling. Certain amenities mentioned ynay or may not be available at your property and the corresponding rules may not apply. _GENERAL CONDITIONS FOR USE OF DWELLING PROPERTY AND RECREATIONAL FACILITIES. Resident (s) permission for use of all common areas, Resident amenities, and recreational facilities (together, "Amenities") located at the Dwelling Community is a privilege and license granted by owner, and not a contractual right except as otherwise provided for in the Lease. Such permission is expressly conditioned upon Resident's adherence to the terms of the Lease, this Addendum, and the Community rules, and regulations ("Rules") in effect at any given time, and such permission may be revoked by Owner at any time for any lawful reason. In all cases, the most shict terms of either the Lease, this Addendum, or the Community Rules shall control. Owner reserves the right to set the days and hours of use for all Amenities and or change the character of or close any Amenity based upon the needs of Owner and in Owner's sole and absolute discretion, without notice. obligation or recompense of any nature to Resident. Owner and management may make changes to the Rules for use of an y Amenity at any time. Additionally, Resident(s) expressly agrees to assume all risks of every type, including but not limited to risks of personal injury or property damage, of whatever nature or severity, related to Resident's use of the amenities at the Community. Resident(s) agrees to hold Owner harmless and release and waive any and all claims, allegations, actions, damages, losses, or liabilities of every type, whether or not foreseeable, that Resident(s) may have against Owner and that are in any way related to or arise from such use. This provision shall be enforceable to the fullest extent of the law. You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of ourproperty. Anyrules are consideredpartof this Lease Contract.Wemaymakereasonable, non - substantive changes to written rules, effective immediately, if distributed and applicable to all units in the apartment community and do not change dollar amounts onpage 1 of theLease Contract. THE TERMS OF THIS ADDENDUM SHALL ALSO APPLY TO RESIDENT(S), OCCUPANTS, AGENTS AND INVITEES, TOGETHER WITH THE HEIRS, ASSIGNS, ESTATES AND LEGAL REPRESENTATIVES OF THEM ALL, AND RESIDENT(S) SHALL BE SOLELY RESPONSIBLE FORTHE COMPLIANCE OF SUCH PERSONS WITHTHE LEASE, THIS ADDENDUM, AND COMMUNITY RULES AND REGULATIONS, AND RESIDENT(S) INTEND TO AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ALL CLAIMS OF SUCH PERSONS AS DESCRIBED IN THE PRECEDING PARAGRAPH UNLESS SAID CLAIMS, ALLEGATIONS, ACTIONS, DAMAGES, LOSSES, OR LIABILITIES ARE CAUSED BYTHE GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF OWNER. The term "Owner" shall include the Management, officers, partners, employees, agents, assigns, Owners, subsidiaries and affiliates of Owner. POOL. When using the pool, Resident(s) agrees to the following: • Residents and guests will adhere to the rules and regulations posted in the pool area and Management policies. • All Swimmers swim at their own risk. Owner is not responsible for accidents or injuries. • For their safety, Residents should not swim alone. • Pool hours are posted at the pool. • No glass, pets, or alcoholic beverages are permitted in the pool area. Use paper or plastic containers only. • Proper swimming attire is required at all times and a swimsuit and "cover up" should be worn to and from the pool. • No running or rough activities are allowed in the pool area. Respect others by minimizing noise, covering pool furniture with a towel when using suntan oils, leaving pool furniture in pool areas, disposing oftrash, and keeping pool gates closed. • Resident(s) must accompany their guests. • Resident(s) must notify Owner any time there is a problem or safety hazard at the pool. IN CASE OF EMERGENCY DIAL 911 I11. FITNESS CENTER. When using the fitness center, Resident agrees to the following: • Residents and guests will adhere to the rules and regulations posted in the fitness center and Management policies. • The Fitness Center isnot supervised. Resident(s) are solely responsible for their own appropriate use of equipment. • Resident(s)shall carefully inspect each piece of equipment prior to Resident's use and shall refrain from using any equipment that may be functioning improperly or that may be damaged or dangerous. • Resident(s) shall immediately report to Management any equipment that is not functioning properly, is damaged or appears dangerous, as well any other person's use that appears to be dangerous or in violation of Management Rules and Policies. • Resident(s) shall consult a physician before using any equipment in the Fitness Center and before participating in any aerobics or exercise class, and will refrain from such use or participation unless approved by Resident's physician. • Resident(s) will keep Fitness Center locked at all times during Resident's visit to the Fitness Center. • Resident(s) will not admit any person to the Fitness Center who has not registered with the Management Office. • Resident(s) must accompany guests, and no glass, smoking, eating, alcoholic beverages, pets, or black sole shoes are permitted in the Fitness Center. IV. PACKAGE RELEASE. For communities that do accept packages or behalf of its Residents: Residents) gives Owner permission to sign and accept any parcels or letters sent to Resident(s) through UPS, Federal Express, Airborne, United States Postal Service or the like. Resident agrees that Owner does not accept responsibility or liability for any lost, damaged, or unordered deliveries, and agrees to hold Owner harmless for the same. V. BUSINESS CENTER. Resident(s) agrees to use the business center at Resident(s) sole risk and according to the Rules and Regulations posted in the business center and Management policies. Owner is not responsible for data, files, programs, or any other information lost or damaged on Business Center computers or in the Business Center for any reason and Resident hereby filly releases Owner, its officers, its agents, employees, successors or assigns for any and all claims arising from the same. No software may be loaded on Business Center computers without the written approval of Community Management. No inappropriate, offensive, or pornographic images or files (in the sole judgment of Owner) will be viewed or loaded onto the Business Center computers at any time. Smoking, eating, alcoholic beverages, pets, and any disturbing behavior are prohibited in the business center. VI. FIRE HAZARDS. In order to minimize fire hazards and comply with city ordinances, Resident shall comply with the following. Residents and guests will adhere to the Community odes and regulations other Management policies concerning fire hazards, which may be revised from time to time. No person shall knowingly maintain a fire hazard. Grills, Barbeques, and any other outdoor cooking or open flame devices will be used only on the ground level and will be placed a minimum of 10 feet from any building. Such devices will not be used close to combustible materials, tall grass or weeds, on exterior walls or on roofs, indoors, on balconies or patios, or in other locations which may cause fires. Fireplaces. Only firewood is permitted in a real wood burning Fireplace. No artificial substances, such as Duraflame® logs are permitted. Ashes must be disposed of in metal containers, after ensuing the ashes are cold. Flammable or combustible liquids and firels shall not be used or stored in dwellings, near exits, stairways, breezeways. or areas normally used for the ingress and egress of people. This includes motorcycles and any apparatus or engine using flammable or combustible liquid as fuel. No person shall block or obstruct any exit, aisle, passageway, hallway or stairway Leading to or from any structure. Resident (s) are solely responsible for fines or penalties caused by their actions in violation of local fire protection codes. VII. EXTERMINATING. Unless prohibited by statute or otherwise stated in the Lease, Owner may conduct extermination operations in Residents' dwelling several times a year and as needed to prevent insect infestation. Owner will notify Residents in advance of extermination in Residents' Dwelling, and give Resident instructions for the preparation of the Dwelling and safe contact with insecticides. Residents will be responsible to prepare the Dwelling for extermination in accordance with Owner's instructions. If Residents are unprepared for a scheduled treatment date Owner will prepare Residents' dwelling and charge Residents accordingly. Residents must request extermination treatments in addition to those regularly provided by Owner in writing. Residents agree to perform the tasks required by Owner on the day of interior extermination to ensure the safety and effectiveness of the extermination. These tasks will Include, but are not limited to, the following: Clean all cabinets, drawers and closets in kitchen andpantry. If roaches have been seen in closets, remove contents from shelves and floor. Remove infants and young children from the dwelling. Remove pets or place them in bedrooms, and notify Owner of such placement. Remove chain locks or other types of obstruction on day of service. Cover fish tanks and turn off theirair pumps. Do not wipe out cabinets after treatment. In the case of suspected or confirmed bed bug infestation, resident will agree to the following: Resident will wash all clothing, bed sheets, draperies, towels, etc. in extremely hot water. Resident will thoroughly clean, off premises, all luggage, handbags, shoes and clothes hanging containers. Resident will cooperate with Owner's cleaning efforts for all mattresses and seat cushions or other upholstered furniture, and will dispose of same if requested. RESiDE.NTS ARE SOT.F.T.VRFSPONSiBTFTONOTTFVOWNF.RTNWRTT"TrI PRiORTO F.XTERMINATiONOfANY ANTI( TPATFD HEALTH OR SAFETYCON( ERNS REL.ATF.D TO EXTERMINATION AND THE USEOF jLVSF( TN'.TDF,S VIII. WINDOW COVERINGS. Drapes or shades installed by Resident, when allowed, must be lined in white and present a uniform exterior appearance. No aluminum foil or similar materials can be placed to cover windows. IX. WATER BEDS. Resident shall not have water beds or other water furniture in the dwelling without prior written permission of Owner. X. BALCONY or PATIO. Balconies and patios shall be kept neat and clean at all times. No rugs, towels, laundry, clothing. Appliances, indoor furniture or other items shall be stored, hung or draped on railings or other portions of balconies or patios. No misuse of the space is permitted, including but not limited to, throwing, spilling or pouring liquids or other items, whether intentionally or negligently, over the balconies or patios. XI. LOCKS. We do not offer lockout after business hours. We supply each resident with one apartment key and one mailbox key. We can duplicate extras or provide replacements for a fee. All keys are to be returned to the office upon move out. You may not install additional locks or devices without written consent from management and you must provide a key to the office. Please keep all doors, windows and openings, such as sliding glass doors locked at all times. XII. SIGNS. Resident slial I not display any signs, exterior lights or mat -kings on dwelling. Noawningsorother prejections shalI be attached to the outside of the building of which dwelling is a part. XiII. SATELLITE DISHES/ANTENNAS. You must complete a satellite addendum and abide by its terms prior to installation or use. 2' XIV. WAIVER/SEVERABILITYCLAUSE. No waiver ofany provision herein, or in any Community rules and regulations, shalt be effective unless granted by the Owner in assigned and dated writing. If any courtof competent jurisdiction finds that any clause, phrase, or provision of this Part is invalid for any reason whatsoever, this finding shalt not affect the validity of the remaining portions of this addendum, the Lease Contract or any other addenda to the Lease Contract. I have read, understand and agree to comply with the preceding provisions. Resident Resident Ow ��p s e n t at Date Resident Date Date Resident�/�f Date Date 3 - Estrella at Seminary Blue Moon Lease Signature Details Signer IP Address Date Signed Estrella at Seminary Blue Moon Lease 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 http://apps.cfwnet.org/council_packet/mc—review.asp?ID=3 0122&councildate=8/9/2022 10/3/2022 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 3 of 6 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 4 of 6 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 5 of 6 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. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 6 of 6 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 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) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022