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HomeMy WebLinkAboutContract 60348CSC No. 60348 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WO TH AND K4 SIERRA HERMO A LLC This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WO TH ("City"), and K4 Sierra Hermosa Apartments LLC ("Landlord"), each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party's performance, agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 1-bedroom ("Lease"). The unit is located at ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on October 13, 2023 and shall expire on September 30, 2024, unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms Rental Assistance Landlord Agreement OFFICIAL RECORD page 1 of 13 CITY SECRETARY FT. WORTH, TX and conditions, provided however that the rental rate and any amounts payable by City shall be provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3. COMPENSATION. 3.1 Security Den_ osit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Pavable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $1050.00 per month for the Unit. The Tenant, during the Initial Term, shall be responsible for $0.00 of rent per month for the Unit from October 13, 2023 to October 31, 2023. The Tenant shall be responsible for $147.00 of rent per month for the Unit from November 1, 2023 to September 30, 2024. During the Initial Term, City shall pay $665.00 toward the Tenant's Total Rent for the Unit from October 13, 2023 to October 31, 2023. City shall pay $903.00 toward the Tenant's Total Rent for the Unit from November 1, 2023 to September 30, 2024 ("City Portion"). Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord shall be paid under this Agreement on or about the first day of the month for which the payment is due. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. Rental Assistance Landlord Agreement Page 2 of 13 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of termination of this Agreement, Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of this Agreement, the onlv remedv Landlord may assert for anv claim, no matter the kind or character, arising out of this Agreement is for the Citv Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. Rental Assistance Landlord Agreement Page 3 of 13 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REQUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. Rental Assistance Landlord Agreement Page 4 of 13 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all Rental Assistance Landlord Agreement Page 5 of 13 electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. Rental Assistance Landlord Agreement Page 6 of 13 LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Rental Assistance Landlord Agreement Page 7 of 13 To CITY: To LANDLORD: City of Fort Worth K4 Sierra Hermosa Apartments Attn: Fernando Costa, Assistant City Manager P.O. Box 702303 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS. Dallas, TX 75370 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. Rental Assistance Landlord Agreement Page 8 of 13 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City Rental Assistance Landlord Agreement Page 9 of 13 records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a "company" under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Rental Assistance Landlord Agreement Page 10 of 13 Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: Oct 23, 2023 APPROVAL RECOMMENDED: By: Name: Victor Turner Title: Director, Neighborhood Services Department ATTEST: �4q 1' Fon. °Ba <ao,�adddd Pvo /X\ a=P N paGp nEXp?o4o By: Name: Jannette Goodall Title: City Secretary LANDLORD: By: Erika Fernandez (Oct 20, 2023 18:32 EDT) Name: Erika Fernandez Title: Landlord Representative Date: Oct 20, 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Tulle C. Pena By: Julie C. Pena (Oct 21, 2023 12:02 CDT) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: uJd By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0631 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A CoDv of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 .a uommunky Rules 1. Community curfew: Monday — Thursday 9pm, Friday -• S� W �y 1 OFm 2 Occupants ants living in units that are not on the lease will result rh imrne late lease termination & eviction which will reflect negative rental histo y and colle tic�O to all Leaseholders credit reports. R' 3. No loitering/sitting/standing outside of the units all times of th61 day aid night. 4. Children may not plat in parking lot areas of the complex. 5. Children must be always accompanied by leg6l guardian/�atms?t. 6. No littering. Trash must be placed in dumpst6rs and nqt rieA :p then. Children are not to take trash to the dumpsters. 7. Any grilling must be done at a minimum of 10 A away from th -- building or other structures. 8. All pets must be on a leash when outside of the unit and 'r�u� : oe att.�nded by an adult. 9. Everyone must clean up after their pets. 10. No feeding stay animals on the property. You will be issud litres fo!r feeding strays. 11. No vicious pets are allowed on the property. 12.All vehicles must be kept in good, working condition to be park--d in t-le community. No flats, no inoperable vehicles, and al residents MUST register their Kshicle. Guest must register for a 24 hour parking pass. Management cannot he p retrieve, dny w�-,hicle` towed. 13.There is 5 mph speed limit throughout the con munity. j 14.AI1 patios/balconies are to be kept clean and fr-3e of trash and debris. No interior furniture allowed outside as patio furniture. 15. No alcoholic beverages allowed in the common area. I By signing, I understand that fines will be — f are not limited to just residents. Per your signed Fines: 14, violation - $60.0.0 per offense 2-6 violation - $100.00 per offense 3vlction pr, ces in Resident Resident Resident Resident M t as outlined ow. here vio a ions agreement, y�L are r.sponsible for your guest. is r Date 1 � DaW 1 Thsieiswa({dgrttyfffill��/outbefo[entrotyJ 2024 ,I'EX:CS APARTNTN9'A$W AT19N: Apartment Lease Contract '�j u x _ iz_I This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "We,"'us,' and "our' refer to the owner listed below. PARTIES Residents Owner Sierra Hermosa Anartments LEASE DETAILS A. Apartment (Par. 2) Street Address: Apartment No, city. B. Initial Lease Term. Begins: 10/13/2023 Occupants All other occupants .State: TX Zip: Ends at 11:59 p.m. on- - 09130/2024 C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4) $ 1050.00 $ 0.00 Aminimum of 30 days' written notice of termination or Intent to move out required at end of fnitial Lease Note that this amount does not term or during renewal period D. Prorated Rent Include anyAnimalDeposit which Iffhe number ofdays isn't filledin, notice ofatleast 30 days $ 665.00 would bere/IectedinanAnimal isrequired. ❑ due for the remainderofist Addendum. month or ❑ for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee 0 10 96ofone month'smonthly base rent or ❑ % ofone month's monthly base rent for daysor CIS ❑ $ for_ days Due if rent unpaid by 11:59 p.m. on the 3rd- _I'rdor9reater)day ofthemonth H. Returned Check or Rejected J. Optional Early Termination Fee (Pa r. 7.2) K, Animal Violation Charge (Par. 12.2) Payment Fee(Par.3.4) $ Initial charge of$ ner animal (not $ Notice of days is required. to exceed $100 per animal) and You are not eligible forearly termination if A daily charge of $ peranimal I. Reletting Charge (Par. 7.1) you are in default. (not to exceed$10 per day per animal) A reletting charge of$ Fee must be paid no laterthan days after you give us notice (not to exceed8596 ofthehighest ifvolues are blankor'0,'then thissection does monthly Rent during the Lease term) notapply. may be charged in certain default situations L. Additional Rent -Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent S Cable/satellite $ Trash service $ Internet $ Packageservice $ Pestcontrol $ Storage $ Stormwater/drainage $ Washer/Dryer $ Other: $ Other: $ Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ (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 1 of 6 Definitions.The following terms are commonly used In this Lease: 1.1. "Residents" are those listed In 'Residents'above who sign the Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed inthis Lease who are also autho- rized to live In the apartment, but who do not sign the Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" in this Lease means'including but not limited to.' 1.5."CommunityPal icles"are the written apartmentrules and policies, including property signage and instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with our Community Policiesyou'll receive access information or devices foryour apartment and mailbox, and other access devices including: 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes mayvary. 2.3. Representations. You agree that designations oraccredi- tations associated with the property are subject to change. Rent. You mustpayyourRent on arbefore the lstdayofeach month (due date) withoutdemand. There are no exceptions regarding thepaymentofRent,,andyouagree notpayingRenton arbefore the 1st ofeach month Is amaterial breach of this Lease. 3.1. Payments. You Y411 payyour Rent by any method, manner and place we specify in accordance with our Community Policies. Cash is not acceptable without ourprior written permission. You cannot withhold or offset Rent unless authorized bylaw. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. 3.2. Application of Payments. Payment of each sum due is an Independent covenant, which means payments are due regardless ofour performance. When we receive money, other than water and wastewater payments subjectto government regulation, we may apply it at our option and Without notice firstto any ofyour unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. 3.3. Late Fees. Ifwe don't receive your monthly base rent In hill when it's due, you must pay late fees as outlined in Lease Details. 3.4. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus Initial and daily late fees if applicable, until we receive full payment in an acceptable method. 3.5. Utilities and Services.You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term ifthe change appl les to a 11 residents. , If your electricity is interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends.lfa utility is individually metered, it must be connected In your name and you must notify the provider ofyour move - out date.lfyou delay getting service turned on in your name by the Lease's start date or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost ofthe utilities used while the utility should have been billed to you. If your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out. 3.6. Lease Changes. Lease changes are only allowed during the Lease term or renewal period ifgovemed by Par. 10, specified In Special Provisions in Par.32, or by a written addendum or amendment signed by you and us. At or after the end ofthe. Initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice contained In Box Fon page 1 in writing from us to you. Your new Lease, which may include increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Poi 25, which applies only to the end ofthe current Lease term or renewal period. Automatic Lease Renewal and Notice of Term Inatlon.This Lease will automatically renew month -to -month unless either party gives written notice ofterminatlon or Intent to move out as required by Par. 25 and specified on page 1.Ifthenumberofdaysisn't filled fn, no- tice ofat least30 days Is required. Security Deposit. The total security deposit for all residents is due on or before the date this Lease Is signed. Any animal deposit will be designated In an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must give us vour advapce notice o� move out as orovided by Ise r.25 and to "I address m writina to receive a w{itten descriotion and itemized list ofrharoes or refund. In accordance with our Community Policies and as allowed bylaw, we may deduct from your security deposit any amounts due under the Lease. lfvou move out early orin response to a notice to vacate. vou'll be liable for rekevina charges. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an Itemized accounting of any deductions, no later than 30 days after surrender or abando nment, 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. Insurance. Ourinsurance doesn't cover the loss ofor damage to yourpersonal property: You will be required to have liability insur- ance as specified in our Community Policies or Lease addenda un- less otherwise prohibited by law.lfyou have Insurance covering the apartment oryour personal belongings at the time you or we suffer or allege a loss, you agree to require your Insurance carrier to waive any Insurance subrogation rights. Even if not required, we urge you to obtain your own Insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrences. Most renter's insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided In this Lease. 7.1. RelettingCharge. Youlibeliable for areletting charge as listed in Lease Details, (not to exceed 85%ofthe highest monthly Rent during the Lease term) ifyou: (A) fall to move in, or fall to give written move -out notice as required In Par, 25; (B) move out without paying Rent in full forthe entire Lease term or renewal period; (C) move out at our demand because ofyour default or (D) are judicially evicted. The reletting charge is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our da mages—for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertain —particularly those relating to Inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages a nd that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Procedures. In addition to your termination rights referred to in 7.3 or8.1 below, if this provision applies under Lease Details, you may terminate the Lease prior to the end ofthe Lease term ifall ofthe following occur: (a) as outlined in Lease Details, you give us written notice of early termination, pay the early termination fee and specify the date by which you'll move out; (b) you are not in default atany time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term.lfyou are in default, the Lease remedies apply. 7.3. SpecialTerminationRights. You may have the right tunder Texas lawto terminate the lease earlyin certain situations involving military deployment or transfer, family violence, certain sexual offenses, stalking ordeath of a sole resident. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate the Lease in writing as setforth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. Ifwe give written notice to you ofa delay In occupancy when or after the Lease begins, you may termi- nate the Lease within 3 days after you receive written notice. Ifwe give you written notice before the date the Lease begins and the notice states that a construction or other delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposit(s) and any Rent you paid. Apartment Lease Contract 020ATexas Apartment Association, Inc Page2of6 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 natliable for —and you must payfor—repairs and replace- ments occurring during the Lease term orrenewal period, includ- ing: (A) damage from wastewaterstoppages caused byimproper objects in lines exclusivelyserving your apartment; (B) damage to doors, windows, or screens and (C) damage from windows or doors leftopen. 10. CommunityPolicies. Comm unity Policies become part ofthe Lease and must be followed. We may make changes, Including addi- tions, to our written Community Policies, and those changes an 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 our sole option, we may, but are not obligated to, share and use Information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us Information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our 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 himselfor herselfas 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 apartmentfor more than 7 days In one week without our prior written consent, and no more than twice that many days in any one month.lfthe previous space Isn't filled In, 2 days total per week will be the limit 10.4. Notice of Convictions a n d Registration. You must notify us within 15 days if you or any ofyour occupants: (A) are convicted ofany felony, (8) are convicted ofany misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors and Noise. You agree that odors, smoke and smells including those related to cooking and everyday noises or sounds are all a normal part of a multifamily living environment and that it Is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct you rself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach ofthis Lease. You must use customary diligence in maintaining the apartment, keeping It in a sanita ry 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 notengage in certain prohibited conduct, including the following activities: (a) criminal conduct, manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in orthreatening violence; possessing a weapon prohibited by state law,, discharging a firearm In the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon In the common area, or in a way that mayalarm others; (b) behaving Ina loud, obnoxious or dangerous manner, (c) disturbing or threatening the rights, comfort, health, safety, or convenience ofothers, including us, our agents, or our representatives, (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities ortelecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; (i) heating the apartment with gas -operated appliances; 0) in aking bad -faith or false allegations against us or a ur 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 child-care services) In your apartment or in the apartment community —except for any lawful business conducted 'at home' by computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Anitrials. Noliving creatures ofanykindare allowed, even tempo- rarily, anywhere In the apartment orapartment communityun- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- portanimal, are true, accurate and made In good faith. Feeding stray, feral or wild animals is a breach ofthis Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Pat 14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations ofAnimal Policies and Charges. Ifyouor any guest or occupantviolates the animal restrictions of this Lease or our Community Policies, youl l 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), well charge you for all cleaning and repair costs, Including defleaing, deodorizing, and shampooing. initial and daily animal -violation charges and animal -removal charges are liquidated damages for our time, Inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes oftransportation, Including bicycles and scooters, In our Community Pal Ides. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not In compliance with our Community Policies. 14. Wh an We May Enter. If you or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is In the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes ifwritten notice of the entry is left In a conspicuous place in the apartment Immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. Apartment Lease Contract o2023, Texas Apartment Association, Inc. Page3 of 6 IS, Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyouoranyoccupontneeds to senda request —for example, forrepairs, installations, services, ownership disclosure orsecuirty-relatedmatters— it must be written and delivered to our designated representative In accordance with our Comm unity Policies (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or Safety, such as fire, smoke, gas, explosion, or crime in progress). Our written notes regarding your oral request do not constitute a written request from you. our complying with or responding to any oral request doesn'twaive the strict requirement forwritten notices underthis Lease. A request for maintenance or repair by anyone residing In your apartment constitutes a request from all residents. The time, manner, method and means ofperforming maintenance and repairs, Including whether or which vendors to use, are within oursole discretion. 15.2, Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks orlatches, orany other condition that poses a hazard orthreat to property, health, or safety. Unless we instruct otherwise,you are required to keep the apartment cooled or heated according to our Community Policies. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or install utility lines or equipment serving the apartment ifthe work is done reasonably without substantially increasing your utility costs. We may turn offequipment and Interrupt utilities as needed to perform workor to avoid property damage or other emergencies. lf utilities malfunction or are damaged byfire, water, or similar cause, you must notify our representative Immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate In whole or In part 'Reasonable time accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. Ifwe fail to timelyrepaira condition that materially affects the physical health orsafetyofan ordinary resident as required by the Texas Property Code, you may be entitled to exercise remedies under IF 92.056 and §92,0561 ofthe Texas Property Code. Ifyou follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination of the Lease and an appropriate refund under92.056(f); (2) have the condition repaired or remediedaccordfng to § 92.0561; (3) deduct from the Rent the cost of therepair arremedy according to §92,0561; and 4) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our solejudgment, damages tothe unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your dghtto possession by giving you at least 7 days' written notice. Iftermination occurs,you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove yourpersonal property if, in oursole judg- ment, it causes a health or safety hazard or Impedes curability to make repairs. 16.1. Property Closure. We also have the rightto terminate this Lease and your right to possession by giving you at least 30 days' written notice oftermination ifwe are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part ofthe property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any partofyour apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything ofvalue from anyone else for the use of any part of your apartment You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent 18. Security and Safety, Devices. We71 av for missing set uritvde- vicesthat are req(ruired t�j'.,IIaw.lraee loaofor•. fArrekevinathat ��((ou renuest iunlesswefa'iledtare ev kertheo�ppiausresi- de tmove�1 outl:andfB)reoairs o((renn�acefnen B. becauseof misuseorrlamaaebyyouoryourfamil .vouroccIs ts.orvour ug ests.Youmustpayimmediatelyafterthew.r`kaSc neunlessstate law authorizes advance payment You must also pay in advance for any additional or changed security devices you request. Texas Property Code secs. 92.751, 92.153, and 92.754 require, with some exceptions, that we provide at na cost to you when occupancy begins: (A) a window latch on each window; (B) a doorvlewer(peep- hole or window) on each exterior door, (C) a pin lock on each sliding door; (0) eithera door -handle latch or security bar on each sliding door, (E) a keyless bolting device (deadboly on each exterior door" and (F) eithera keyed doorknob lock or a keyed deadbolt lock an one entry door. Keyed locks will be rekeyed after the priorresident moves out. The rekeying will be done either before you move In or within? days after you move in, as required by law. lf we fail to In- stall or rekey security devices as required bylaw, you have the right to do so and deduct the reasonable cost from your next Rentpay- ment under Texas Property Code sec. 92.165(1). We may deactivate or not install keyless bolting devices on your doorsif(A) you or an occupantin the dwelling is over55 ordisabled, and (B) the require - merits of Texas Property Code sec, 92.153(e) or (i) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish _ smoke alarms or other detection devices required bylaw or city ordinance. We may install additional detectors not so required. Well test them and provide working batteries when you first take possession ofyour apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing Impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors.lfyou damage or disable the smoke alarm orremove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec.92.2611 for$100 plus one months Rent actual damages, and attorney's fees. 18.2. Dutyto Report. You must Immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. Youll be liable if you fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety a nd Loss. Unless otherwise required bylaw, none ofus, our employees, agents, ormanagement companies are liable to you, yourguests or occupants for any damage, personal Injury, loss to personal property, or loss of business or personal income, from any cause, Including butnot limited to: negligentorintention- alacts ofresidents, occupants, orguests theft, burglary, assault, vandalism orothercr)mes, fire, flood, water leaks, rain, hall, ice, snow, smoke, lightning, wind, explosions, interruption ofutilhles, pipe leaks orother occurrences unless such damage, lnjuryorlossis caused exclusively byournegligence. We do not warran t secushy ofany kind. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs adse. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You fu rther acknowledge that, even ifan alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use ofan Intrusion alarm will be charged to you, including, but not limited to, any false alarms with policelfire)ambulance response or other required city charges. 20. Condition ofthe Premises and Alterations. 20.1. As -Is. We disclaim allimplied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given an Inventory and Condition Form at or before move -In. You agree that after completion of the form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment Unless our Community Policies state otherwise, we'll permit a reasonable number ofsmall nail holes for hanging pictures on sheetrock walls and in grooves of wood - paneled walls. No water furniture, washing machines, .dryers, extra phone or television outlets, alarm systems, Apartment Lease Contract 02022,Texas ApanmentAssodation,I— Pag.406 Animal Addendum TEXAS APAWatENTASSOUATION 1. Dwelling Unit. Unit# .at (streetoddress) in (city),Texas (zip code). 2. Lease. Owner'sname: Sierra Hermosa Apartments Residents (Ifstallresidents): 3. Conditional Authorization for Animal. You may keep the animal or animals described below In the dwelling until the Lease expires. We may terminate this authorization sooner if your right of occupancy is lawfullytermfnated or if in our Judgment you,youranimal, your guest, or any occupant violates any of the rules in this addendum. 4. Animal Deposit. You must pay a one-time animal deposit of $ when you sign this addendum. This deposit Is In addition to your total security deposit under the Lease, which I general security deposit for all purposes. Refund of the total sec ity deposit is subject to the terms and conditions in the Lease, a this animal -deposit portion of the total deposit is not separate] ef ind- able even ifthe animal Is removed. S. AssistanceorserviceAnimals.Whenallowedbyappll blelaws,we may require written verification of or make other in ides regarding the disability -related need for an assistance orservic animaiforaper- son with a disability. We will not charge an animal eposit additional rent, or other fee for any authorized assistance service animal. Ex- cept as provided by applicable law, all other pr, slons ofthis adden- dum applyto assistance or service animals. 6. Search and Rescue Dogs. We may ask th andler of a search and rescue dog forproofheorsheisaperson a certification issued by a nationally recognized search and rescue agency before we authorize a search and rescue dog. If we authorize a search and rescue dog, we Will not charge an animal deposit, additional rent or other fee for any such dog. Except as provided by applicable law, al I other provisions of this addendum apply to search and rescue dogs. 7. Additional Monthly Rent. Your monthly base rent (as stated in the Lease) will be increased by $ 8. Additional Fee. You must also pay a one-time nonrefundable fee of$ to keepthe animal In the dwelling unit.The fee is due when you sign this addendum. 9. Liability Not Limited. The additional monthly rent and additional security deposit under this Animal Addendum do not limit residents' liability for property damage, cleaning, deodorization, defleaing, re- placements, or personal injuries. 10. Description of Animal. You may keep only the animal or animals de- scribed below. You may not substitute any other animal. Neither you not your guests or occupants may bring any other animal —mammal, reptile, bird, amphibian, fish, rodent, arachnid, or Insect —Into the dwelling or apartment community. Animal's name: Type: Breed: Color. Weight: Age: City of license: 02022 TO- APARR WASSOCIAnoN, INC. FaDsesdgir Mgr+ drtftstrlcrfiSDthe�"r&dents' R License #• _ Date of last rabies shot Housebroken? Animal owner's name: Animal's name: Type: Breed: Color. Weight: Ag-- Cityoflicense: License III: Date of last rabies shot: Housebroken? / Animal owner's name: Animal's name: Type: Breed: Color: Weight Age: XZ shot: Animal owner's name: Special Provisions. The following special provisions control over any conflicting provisions ofthfs addendum: 12. Emergency. In an emergency involving an accident or injury to your animal, we have the right —but not the duty —to take the animal to the following veterinarian for treatment, atyour expense. Doctor. Address: City/State/Zlp: Phone:f I 13. Animal Rules. You are responsible for the animal's actions at all times, You agree to follow these rules: 13.1 Shots and Licenses. The animal at all times must have current rabies shots and licenses required bylaw. You mustshow us evi- dence of the shots and licenses if we ask. 13.2 Disturbances. The animal must not disturb the neighbors or other residents, regardless of whether the animal is Inside or outside the dwelling. 13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or service animals, and search and rescue dogs must be house- broken. All other animals must be caged at all times. No animal offspring are allowed. 13.4Indoor Waste Areas. Inside, the animal may urinate or defe- cate only in these designated areas: 13.5 Outdoor Waste Areas. Outside, the animal may urinate or def- ecate only in these designated area,- 13.6 Tethering. Animals may not be tied to any fixed object any- where outside the dwelling units, except in fenced yards (ifany) foryour exclusive use. COImNUED ON BACK 13.7 Off -Limit Areas. You must not let an animal —other than an assistance orservice animal —Into swimming -pool areas, laun- dry rooms, offices, clubrooms, other recreational facilities, or other dwelling units besides your own, except that search and rescue dogs shall be allowed to use areas of the property ac- cessible to the general public, such as the leasing office. Cer- tain service animals in training shall also be allowed to use those areas when accompanied by an approved trainer. 13.8 Food & Water. Your animal must be fed and given water in- side the dwelling unit. You may not leave animal food or water outside the dwelling unit at any time, except in fenced yards (if any) for your exclusive use. 13.9 Leash. You must keep the animal on a leash and under your su- pervision when outside the dwelling or in any private fenced area. We or our representative may pick up unleashed animals, report them to the proper authorities, ordo both. Well charge you a rea- sonable fee for picking up and keeping unleashed animals. 13.10Animal Waste. Unless we have designated a particular area in your dwelling unit or on the grounds for animal defecation and urination, you are prohibited from letting an animal defecate or urinate anywhere on our property and you must take the ani- mal offour propertyforthat purpose.lfwe allowanimal defeca- tion inside the unit you must ensure that it's done in a litter box with a kitty -litter -type mix. If the animal defecates anywhere on our property (including In a fenced yard for your exclusive use), you must Immediately remove the waste and repair any damage. In addition to the terms of this addendum, you must complywith all local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from time to time h we distribute a written copy of any changes to every resident who is allowed to have animals. 15. Violation of Rules. If yau, your guest, or any occupant violates any rule or provision of this addendum (in ourjudgment) and we give you written notice of the violation, you must remove the animal [in medl- ately and Parma nently from the premises. We also have all other dghts and remedies set forth In the Lease, including eviction and recovering damages and attorney's fees from you. 16. Complaints AboutAnimal.lfwe receive a reasonable comp)aintfrom a neighbor or other resident or if we, in our sole discretion, determine that the animal has disturbed neighbors or other residents, we will give you written notice and you must immediately and permanently remove the animal from the premises. 17. Our Removal of an Animal. In some circumstances, we may enter the dwelling unit and remove the animal within one day after leaving a written notice In a conspicuous place. 17.1 Causes for Removal. We can remove an animal under this para- graph if, in our sole Judgment, you have: (A) abandoned the animal; (B) left the animal In the dwelling unit for an extended period of time without food or water; (C) failed to care for 6 sick animal; (D) violated ou r a nimal rules; OR (E) let th e animal defecate or urinate where it's not allowed. 17.2 Removal Process. To remove an animal, we must follow the procedures in the Lease, and we may turn the animal over to a humane society or local authority. Well return the animal to you upon request if we haven't already turned it over to a humane society or local authority. We don't have a lien on the animal for any purpose, but you must pay for reasonable care and ken- neling charges for the animal. If you don't pick up the animal within five days after we remove It, it will be considered abarr- doned. 20. Multiple Residents. Each resident who signed the Lease must also sign this addendum. You, your guests, and any occupants mustfollow, all animal rules. Each resident Is jointly and severally liable for dam- ages and all other obligations set forth in this addendum, even if the resident does not own the animal. 21. Dog Park We may provide an area to be used as a dog park While using the park, you will be required to supervise your dog, but may remove the leash. Leashes must be used while traveling to and from the park. The park is not supervised or monitored in any way, and you use the park at your own risk. We are not liable for any injury, damage or loss which is caused as a result of any problem, defect or malfunc- tion of the park. We are also not liable for Injury, damage or loss to any person, animal or property caused by any other person or animal, Including, but not limited to, dog bite, trespass, assault or any other crime. Furthermore, we are not liable for any disruption in the park's operation or performance. You hereby release us and our agents, con- tractors, employees and representatives from any liability connected with the park. You agree to be responsible for any property damage caused by you, your guests or other occupants to the park. You un- derstand that participating in any activity at the park carries a risk of Injury, and you are willing to assume this risk. We make no representa- tions orwananties of any kind regarding the park. 22. General. You acknowledge that no other oral or written agreement exists regarding animals. Except for any special provisions noted in paragraph 11 above, our representative has no authority to modifythis addendum or the animal rules except In writing as described under paragraph 14.Thfs Animal Addendum and the animal rules are cons(d- ered part ofthe Lease described above. 23. Animal Restrictions. No animal will be allowed that poses a threat to any other person. You represent that your animals) does not pose a danger or threat of any kind to any person or property, has not dis- played vicious, aggressive or dangerous behavior; and has never be- fore injured you or any other person or animal or caused any dam- age to your property or another person's property. You affirmatively represent and warrant that you have never had a claim or lawsuit filed against you or anyone else for an injury or damage caused by or re- lated to the an)mal.You understand and agree that the approval ofthe animal to live in your apartment is expressly conditioned upon all of the forgoing being true and ifyou have made any misrepresentation it Is a violation ofthe Lease. You are legally bound by this document. Please read it carefully. You are entitled to receive a copy of this Addendum after it is fully signed. Keep it Ina sofe place. o Resident) _-ate signed (Name ofRestden0 Datesigned 18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear and tear resulting from an assistance or service animal, you and all co- (Name of Resident) Datesigned residents are jointly and severally liable for the entire amount of any damage the animal causes, including cleaning, dehea)ng, or deodor- izing. This provision applies to all parts of the dwelling unit including (Nameofilesident) Datesigned g carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and appliances, as well as landscaping and other outside Improvements. [fan 'hem (Name of Resident) Datesigned cannot be satisfactorily cleaned or repaired, you must pay for us to replace it Payment for damage, repairs, cleaning, replacements, and the like are due immediately upon demand. As the owner,you're strictly (Name of Resident) ate 'gned ' liable for the entire amount of any Injury that your animal causes to an- other person or to anyone's property. You Indemnify us for all costs of a wine r' ntative g elow) litigation and attorney's fees resulting from any such injury ordamage. 19. Move -Out. Except for reasonable wear and tear resulting from an as- ✓ eslgned sistance or service animal, when you move out, you'll pay for de0ea- Ing, deodorizing, and shampooing to protect future residents from possible health hazards, regardless of how long the animal was there. We —not you —will arrange for these services. TAAOMcial Statewide Form22-E,ReWted Febr .,y2022 I_ Cnpydght 2022. Tezas Apartment Assodati0n, ink. Mold Information and Prevention Addendum THXAS APARTMENT ASSOCIATION ur i'IN �r s�z Addendum. This Is an addendum to the Lease Contract executed by you, the resident or residents, on the dwelling you have agreed to rent. That dwelling is: Unit# at Sierra Hermosa Apartments (name bf apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling Is located 2. About Mold. Mold is found everywhere in our environment, both indoors and outdoors and in both new and old structures. Molds are nothing new —they are natural microscopic organisms that reproduce by spores.They have always been with us. In the environment, molds breakdown organic matter and use the end product for food. Without molds we would be struggling with large amounts of dead organic matter. Mold spores (like plant pollen) spread through the air and are commonlytransported byshoes, clothing, and othermaterials.There is conflicting scientific evidence abouthowmuch mold mustaccumulate before itcreates adverse health effectson people and animals. Even so, we must take appropriate precautions to prevent its buildup. 3. Preventing Mold Begins with You. to minimize the potential for mold growth In your dwelling, you must: Keep your dwelling clean —particularly the kitchen, bathroom, carpets, and floors. Regular vacuuming and mopping of the floors, plus cleaning hard surfaces using a household cleaner, are all Important to remove the household dirt and debris that harbor mold or food for mold.Throw away moldy food Immediately. Remove visible moisture accumulations on windows, walls, ceilings, floors, and other surfaces as soon as reasonably possible. Look for leaks in washing -machine hoses and discharge Imes —especially if the leak is large enough for water to seep Into nearby walls. If your dwelling has them, turn on exhaust fans In the bathroom before showering and in the kitchen before cooking with open pots. Also when showering, keep the shower curtain inside the tub (or fully close the shower doors). Experts also recommend that after a shower or bath you (1) wipe moisture off shower walls, shower doors, the bathtub, and the bathroom floor; (2) leave the bathroom door open until all moisture on the mirrors and bathroom walls and tile surfaces has dissipated; and (3) hang up your towels and bath mats so they will completely dry out. Promptly notify us in writing about any air-conditioning or heating - system problems you discover. Follow any of our rules about replacing air filters. It's also good practice to open windows and doors periodically on days when the outdoor weather is dry (i.e., humidity is below 56%) 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 4. Avoiding Moisture Suildup.To avoid mold growth, it's important to prevent excess moisture buildup In your dwelling. Falling to promptly attend to leaks and moisture accumulations on dwelling surfaces can encourage mold growth, especially in places where they might get inside walls or ceilings. Prolonged moisture can come from a wide variety of sources, such as: • rainwater leaking from roofs, windows, doors, and outside walls, as well as flood waters rising above floor level; • overflows from showers,bathtubs, toilets, sinks, washing machines, dehumidifiers, refrigerator or air -conditioner drip pans, or clogged air -conditioner condensation lines; • leaks from plumbing Imes 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 ceramictile, formica, vinyl flooring, metal, wood, or plastic), the Environmental Protection Agency recommends thatyou first clean the areas with soap (or detergent) and waterand let the surface dry thoroughly. (Applying biocides without first cleaning away the dirt and olls from the surface Is like painting over old paint without first cleaning and preparing the surface.) When the surface Is dry —and within 24 hours of cleaning —apply a premixed spray - on household biocide such as Lysol Disinfectant*, Original Pine-Soi• Cleaner,Tilex Mold & Mildew Remover, or Clorox' Clean-up* Cleaner + Bleach. (Note two things: First only a few of the common household deanerscan actuallykill mold. Second,Tilexand Cloroxcontaln 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 largerthan any mold you see —mold can be present but not yetvisible to the naked eye. A vacuum cleaner with a high -efficiency particulate air (HEPA) filter can be used to help remove nonvisibie mold products from porous items such as fibers in sofas, chairs, drapes, and carpets — provided the fibers arecompletelydry. Machine washing ordry-cleaning will remove mold from clothes. 6. Warning for Porous surfaces and Large Surfaces. Do not clean or apply biocides to visible mold on porous surfaces such as sheetrock walls orceilingsorto largeareas ofvisible mold on nonporoussurfaces. 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 yourdwelling, and both you and we will be able to respond correctlyifproblemsdevelopthatcouidlead to moldgrowth.ifyou have questions aboutthis addendum, please contactus atthe management office or atthe 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. necessary. We can't fix problems in your dwelling unless we _ know about Reside � per' entative(sfg ) n (Name of Resitieni) `�� �_ (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Your are entitled to receive a copy of this Addendum afterit is fullysigned. Keep it in a safe place. TAA Official Statewide Form 15-FF, Revised January 2015 Q Copyright 2015,Texas Apartment Association, Inc. Security Guidelines for Residents TEXAS APARTMENT ASSOCIATION Addendum �dl_-LWMU1 1. Addendum. This is an addendum to the Lease Contract ("Lease) executed by you, the resident(s), on the dwelling you have agreed to rent.That dwelling is: Apt. # at Sierra Hermosa Apartments (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclaim any express or implied warranties ofsecurity. We care about your safety and that of other occupants and guests. No security system is failsafe. Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and human error. The best safety measures are the ones you perform as a matter ofcommon 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 contactthe 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. 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 1f 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 ofthe 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. (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Your are entitled to receive a copy ofthisAddendum afteritis fullysigned. Keep it in a safe place. TAA Official Statewide Form IS-M, Revised January, 2015 Copyright 2015,Texas Apartment Association, Inc, z�, LEASE ADDENDUM FOR CONCESSION, CREDIT OR OTHER DISCOUNT 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Sierra Hermosa Apartments Apartments in Fort Worth Texas OR the house, duplex, etc. located at (street address) , Texas. 2. Concession or discount. As an incentive and bonus to you for signing the TAA Lease Contract, choosing our property, and agreeing to fulfill your obligations for the entire term of the TAA Lease Contract, you will receive a concession, credit or discount described below. (Check all that apply) ❑ One-time concession. You will receive a one-time concession in the total amount of $ This concession will be credited to your charges for the month(s) of ❑ Monthly discount. You will receive a monthly discount of $ for months. Special Provisions: 3. Payment or repayment for breach. If you move out orterminate your TAA Lease Contract early, in violation of the TAA Lease Contract, you forfeit the concession or credit received under this addendum. If you fail to pay all of your obligations under the TAA Lease Contract, then you will be required to immediately repay us the amounts of all concessions and/or discounts that you actually received from us for the months you resided in your dwelling, in addition to all other sums due under the TAA Lease Contract for unauthorized surrender or abandonment by the resident (see TAA Lease Contract Par. 27). : — re ofLn s Represen�aTve Texas Apartment Association a� Bed Bug Addendum TEXAS APARTMENT ASSOCIATION LW L 'Y 1 L" tit NI� �ya i Q �aggolttyliXr J nwronmpotloryou itsimportonttoworktogether to e d a;pu� �hrs addendum outlines your responsibility s lM tFsomeimpartantmfo matron about them f _n, _•3: =. } YSsl':l3§�i S:a�. _':3.2s.-...tv_tiTfia'Tv .. = . '.. 1. Addendum. This Is an addendum to the Lease Contract that you, the resident or residents, signed on the dwelling you have agreed to rent. That dwelling is: Apt # 159 Sierra Hermosa Apartments (nameofopartments) or other dwelling located aI- (streetaddress ofhouse, duplex, etc) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address any infestation of bed bugs (Cimex lectularius) that might be found In the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum. 3. Inspection and Infestations. We are not aware of any current evidence of'bed bugs or bed -bug Infestation in the dwelling. BY SIGNING THIS ADDENDUM. YOU REPRESENTTHAT: • YOU HAVE INSPECTED THE DWELLING BEFORE MOVING IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-_ TATIONS. OR • YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY US OF ANY BED BUGS OR 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 bedbug infestation or issue that you have experienced. Ifyou disclose a previous experience of bed -bug infestation, we can review documentation of the treatment and inspect your personal property and possessions to confirm the absence of bed bugs. Access for Inspection and Pest Treatment. You must allow us and our pest -control agents access to the dwelling at reasonable times to Inspect for or treat bed bugs. You and your family mem- bers, occupants, guests, and invitees must cooperate and not in- terfere with inspections or treatments. We have the right to select any licensed pest -control professional to treat the dwelling and building. We can selectthe method oftreating the dwelling, build- ing, and common areas for bed bugs. We can also inspect and treat adjacent or neighboring dwellings to the infestation, even ifthose dwellings are not the source or cause ofthe known infestation.5i- multaneously as we treat the dwelling, you must, at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest -control firm that we approve. If you fail to do so, you will be in default and we will have the right to terminate your right of oc- cupancy and exercise all rights and remedies under the Lease Con- tract. You agree not to treat the dwelling for a bed -bug Infestation on your own. S. Notification. You must promptly notify us: • 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 any condition or pestyou believe is in the dwelling; AND • if you discover any condition or evidence that might indicate the presence or infestation of bed bugs, or if you receive any confirmation of bed -bug presence by a licensed pest -control professional or other authoritative source. 6. 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 underthe Lease Contract. 7. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or in- festation of bed bugs after you move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents in order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expenses we incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate infesta- tions in other dwellings. If you don't pay us for any costs you are liable for, you will be in default and wewill 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.lfyou don't move out after your right ofoccupancy has been terminated, you wl II be liable for holdover rent under the Lease Contract. B. Transfers. If we allow you to transfer to another dwelling in the community because ofthe presence of bed bugs, you must have your personal property and possessions treated according to ac- cepted treatment methods orprocedures established by a licensed pest -control professional. You must provide proof of such cleaning and treatment to our satisfaction. You arelegallybaundbythisdoc ent.Ple er Itca ull nerorO ep ent ve(' nbe ) (Namdent7 fu9ag� e� ✓ \ Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigned (Name of Resident) Datesigneo You are entitled to receive a copy ofthisAddendum after it is fully signed. Keep it in a safe place. e2019 Tr APAxrM ASS0aAnGK INC CON1MMONIP" 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 atfuli 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 ofthe 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 publtrhealth concern, namely the U.S. Environmental Protection Agency and the Centers for Disease Control and Prevention, have re- fused to elevate bed bugs to the threat level posed by disease -carrying pests. Again, claims associating bed bugs with disease are false. Learn to identify bed bugs. Bed bugs can often be found in, around, behind, un- der, or between: • Bedding • Bedframes • Mattress seams • Upholstered furniture, especially under cushions and along seams • Wood furniture, especially along areas where draw- ers slide it Curtains and draperies • Window and door frames • Ceiling and wall junctions • Crown moldings • Wall hangings and loose wallpaper • Carpeting and walls (carpet can be pulled away from the wall and tack strip) • Cracks and crevices in walls and floors • Electronic devices, such as smoke and carbon -mon- oxide detectors Because bed bugs leave some people with itchy welts similar to those made by fleas and mosquitoes, the cause of welts like that often go misdiagnosed. One distinguishing sign is that bed -bug marks often ap- pear In succession on exposed areas of the skin such as the face, neck, and arms. But sometimes a person has no visible reaction at all from direct contact with bed bugs. While bed bugs typically act at night, they often leave signs of their presence through fecal markings of a red to dark -brown color, visible on or near beds. Blood stains also tend to appear when the bugs have been squashed, usually by an unsuspecting sleeping host. And because they shed, it's not uncommon to find the skin casts they leave behind. Prevent bed -bug encounters when traveling. Because humans serve as bed bugs' main mode of transportation, it's especially important to be mindful of bed bugs when away from home. Experts attribute the spread of bed bugs across all regions of the Unit- ed States largely to increases in travel and trade, both here and abroad. So travelers are encouraged to take a few minutes on arriving to thoroughly inspect their accommodations before unpacking. Because bed bugs can easily travel from one place to another, it's also a good practice to thoroughly Inspect luggage and belongings for bed bugs before heading home. Know the bed -bug dos and don'ts. • Don't bring used furniture from unknown sourc- es into your dwelling. Countless bed -bug infesta- tions have stemmed directly from bringing home second-hand and abandoned furniture. Unless you are absolutely sure that a piece of second- hand furniture is bed -bug -free, you should as- sume that a seemingly nice looking leather couch, for example, is sitting curbside waiting to be hauled offto 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. Ifthe deter- mination is made that your unit is Indeed playing host to bed bugs, you must comply with the bed- bug -eradication protocol set forth by both your owner and their designated pest -management company. TAA Official Statewide Forrma:A'r ReIlled October 2019C PYtt9 Pa, INSURANCE ADDENDUM Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 159 in the Sierra Hermosa*APartments Apartments in Fort worth Texas OR the house, duplex, etc. located at (street address) in ,Texas. The terms of this addendum will control if the term of the Lease and this addendum conflict. >. Required Insurance Policy. in accordance with the Lease, you understand and agree that this addendum requires Resident, at Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides limits of liability to third parties in amount not less than %____ _ per occurrence. The liability insurance policy Resident buys and maintains must cover the actions or Inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another entity designated by Owner) as an "Interested Party' or "Party of Interest' that will be notified by the insurer of any cancellation, non - renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with the Lease and this addendum on or prior to the Lease commencement date; and If you do not you will not be granted possession of the Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it. 3. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, toss or damage that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company, licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's Insurance. You further acknowledge that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by any insurance company. At ail times you have been and remain free to contract for the required insurance with the insurance carrier of your choosing. 4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $ (which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum for a one -month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph for any subsequent months. The foregoing payments are due on the 1st day of the month following the calendar month (or part thereol) during which you do not have the required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance coverage. NOTICE TO RESIDENT. YOU SHOULD BEAWARE THATTHE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY. { have read, understand and agree to comply with the preceding provisions: [Aft Residents must sign thrad) /Z reo-All Resident Signature of Owner Owner's esentatf Texas Apartment Association �s—" - — 'YEX s Arnaca,MKr A990=11O v Federally Required Lead Hazard 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 U.S. Environmental Protection Agency, the U.S. Consumer Product Safety Commission and the U-S. Department of Housing and U rban 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 that the 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. The TAA 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 E : EPA mfl ales Environmental protection Agency Untied States Consumer ProduR Safety commission a'� tllsAt united states �s Department of Housing *h.`rr,• and Urban Development Simple Steps to Protect Your Family from Lead Hazards If you thinkyour home has lead -based paint: • Don't try to remove lead -based paint yourself. • Always keep painted surfaces in good condition to minimize deterioration. • Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/lead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. • Regularly dean 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 childrerA 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 offshoes before entering your house. Are You Planning to Buy or Rent a Home Built Before 19787 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 learn: • How lead gets into the body • How lead affects health • what you can do to protect your family • Where to gofor 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 effeR Leases must include a specific reaming statement about lead -based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home car apartment: • Read EPA's pamphlet, The Lead -Safe Certified Guide to Renovate Right, to learn about the lead -safe work practices that contadors are required to follow+when vrosking In your home (see page 12). Lead Gets into the Body in Many Ways Adults and children an get lead into their bodies if they • Breathe In lead dust (especially during acuvities 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 and nervous systems are more sensitive to the damaging effects of lead. Children's growing bodies •h:%.. _ �y, absorb more lead. • Babies and young children often put their hands _ and other objects in their mouths. These objects can have lead dust on them. 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 0 Teus Amarsmn• AssooanoN, INC., 2021 p-s 1 ee 5 Health Effects of Lead CheckYour Family for Lead Lead affects the body in many ways, it is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: r,..,N•...o•T•a• • Nervous system and kidney damage • Learning disabilities, attention -deficit disorder, and decreased Intelligence • speech, language, and behavior problems • Poor muscle coordination • Decreased muscle and bone growth • Heating damage 11 n While low -lead exposure is most common, � exposure to high amounts of lead can have oa+w devastating effects on children, Including seizures, unconsdousness, 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 a • Muscle andjoint pain Where Lead -Based Paint Is Found in general, the older your home or chiltim efadlity,the more likely it has lead -based paint' Many homes, including private, federally -assisted, federally - owned housing, and childcare facilities built before 1978 have lead -based paint. In 1978, the federal government banned consumer uses of lead -containing paint' Learn how to determine if paint is lead -based paint on page 7. Lead can be found: • In homes and childore facilities in the city, country, orsuburbs, • In private and public single-family homes and apartments, • On surfaces inside and outside ofthe house, and • In sell around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.govAead ' •I.ead-based paint•is<Omently defined by the, federal government as paint with lead levels greater than or equal to 1.0 maligram per square cerNmeta tmg/am'), or more than 05%b mkht. '•lead-contalnlrg Paint• is cunendy defi dby the federal government as lead in new drkd paint in excess of 90pare, per mill W (ppm) by welght Get your children and home tested if you think your home has lead. ChildrerA blood lead levels tend to Increase rapidly from 6to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for. • Children at ages 1 and 2 • Children or other family members who have been exposed to high levels of lead • Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. Identifying Lead -Based Paint and Lead -Based Paint Hazards Deteriorated lead -based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead -based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: • On windows and window sills • Doors and doorframes • Stairs, railings, banisters, and porches 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. Lead dust on form when lead -based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust on reenter the air when the home is vacuumed or swept, or when people walk through it EPA currently defines the following levels of lead in dust as hazardous: • 10 micrograms persquare foot(pg/fts) and higher for floors, Including orpeted floors • 100 pg/ft' and higherfor interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on theirshoes. 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 (avenge) and higher in bare soil in the remainder of the yard Remember, lead from paint chips —which you can see —and lead dust —which you may not be able to see —both on be hazards. The only wayto find out Ifpaint, dust, or soil lead hazards exist is to test for them.The next page describes how to do this. 0 T— A Pnm,nercr Ass .-.n ,INe, 2021 Pa.e 2 or5 cameras, video orother doorbells, or lock changes, additions, or rekeying Is permitted unless required bylaw or we've consented In writing. You may install a satellite dish or antenna, but only ifyou sign our satellite -dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, well supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the apartment; after that you'll replace them at your expense with bulbs ofthe same type and wattage. Your improvements to the apartment (made with or without our consent) become outs unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident ofthe apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. y.3. All notices and documents will be in English and, at our option, In any other language that you read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with our Community Policies, electronic notice from you to us must be sent to the email address and/or portal specified In Community Policies. Notice may also be given by phone call or to a physical address If allowed in our Community Policies. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. 24. EVICTIONr REMEDIES 22. Liability. Each resident isjointlyand severally liable for all Lease obligations. Ifyou or any guest or occupant violates the Lease or our Community Policies, all residents are considered to have violated the Lease. 22.1. Indemnification byYou. Youlidefend indemnifyand hold us and ouremployees, agents, and managementi:ompany harmless from alll)abilityarlsing from your conductor requests to ourrepresentatives and firom the conduct ofor requests by yourinvhees, occupants orguests. 23. Default by Resident. 23.1. 23.2. Acts of Default. You'll be In default If; (A) you don't timely pay Rent, Including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health,.criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give Incorrect, incomplete, or false answers In a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for an offense Involving actual or potential physical harm to a person, or involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined in the Texas Controlled Substances Act, or (2) any sex - related crime, Including a misdemeanor. Eviction.Ifyou default including holding over, we may end yourrightofoccupancybygfving you at least a 24- hour written notice to vacate. Termination ofyour possession rights doesn't release you from liability for future Rent or other Lease obligations. Aftergiving notice to vacate or filing an eviction suit we maystill acceptRen t orother sums due; the filing or acceptance doesn't waive or diminish our right ofeviction or any other contractual or statutatyright. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings. In an eviction, Rent Is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect nottoaccelerate Rent, all monthly Rent forthe rest ofthe Lease term or renewal Period will be accelerated automatically without notice or demand (before or after acceleration) and will be Immediately due if, without our written consent: (A) you move out remove property in preparing to move out, or you or a ny occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated if you're judicially evicted or move out when we demand because you've defaulted. Apartment Lease Contract 02022,Texas ApartmentAssodatiom Inc Ifyou don't pay the first month's Rent when or before the Lease begins, all future Rentfor the Lease term will be automatically accelerated without notice and become immediately due. We also may end your right ofoccupancy and recover damages, future Rent attorney's fees, court cosfs,and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained in: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or increase the Rent by 25%by delivering written notice to you or your apa rtment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law.lfwe or our debt collector tries to col lest any money you owe us, you agree that we or the debt collector may contact you by any legal means. Ifyou default, you will pay us, in addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may recover attorneys fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees ifyou fall to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added Ifyou don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. Representatives'Author(tyand Waivers. Our representatives(in - cluding managementpersonnel, employees, and agents) have no authority to waive, amend, or terminate this Lease aranypart ofit unlessin writing andsigned, and no authority to make promises, rep- resentations, oragreements that impose security duties orotherob- ligations on us or ourrepresentatives, unlessin writing andsigned. No action or omission by us will be considered a waiver ofour rights or of any subsequent violation, default or time or place of perfonnance.Our choice to enforce, not enforce ordelayenforcement ofwritten-no- tfcerequirements,rentaidue dates, acceleration, liens, orany other rights lsn'tawafverunderanycircumstances. Delay in demanding sums you owe is not awaiver. Except when notice or demand is required by law, you waive any notice and demand for performance from us ifyou default Nothing in this Lease constitutes a waiver afoot remedies fora breach under your prior lease that occurred before the lease term begins. Your Lease Issubonlinateto existing and future recorded mortgages, un- less the owners lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver ofother remedies. All provisions regarding our nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent or management company is personally liable for any ofour contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. ENDOFTHELEASETERM 25. Move -Out Notice. Before moving out youmustgiveourrepresen- tatfveadvance written move-outnotice asstated in Par.4, even if the Leasehas become amonth-to-month lease. The move -out date can't be changed unless we and you both agree in writing. Yourmove-outnotice must comply with each ofthe following: (a) Unless we require more than 30 days'notice, ifyou give notice on the firstday ofthe month you intend to move out, move out will be on the last dayofthat month. (b) Your move -out notice must nottenninatethe Lease before the end ofthe Lease term or renewal period. (c) Ifwerequire you togiveusmore than 30days' written notice to move out before the end ofthe Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fall to give a reminder notice, 30 days' written notice to move out is required. (d) You must get from us a written acknowledgment ofyour notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly dean the apartment including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions If they have been provided. Ifyou don't clean adequately, youlI be liable for reasonable cleaning charges —including charges for cleaning carpets, draperies, furniture, walls, etc, that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident or abuse). Page5af6 26.2. Move -Out Inspection. We may, but are notobltgatedto, provide a joint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living In the apartment in our reasonable judgment; or (B) apartment keys and ac- cess devices listed in Par.2.1 have been turned In to us —whichever happensfirst. You have abandonedthe apartment when all ofthe following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (8) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death ofa sole resident 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession for al I purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions; and remove or store property left in the apartment. 27.2. Rem oval an d Storage of Property. We, or law officers, may— but have no duty to —remove or store all property that in our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or If you surrender or abandon the apartment. We're not liable forcasualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment; or (2) (eft outside more than 1 hour afterwrit of possession is executed, followingjudidal eviction. An animal removed after surrender, abandonment, oreviction maybe kenneled ortumed overto a focal authority, humane society, or rescue organization, GENER AL PROV ISIONS AN s SIGN ATURES 28, TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association for the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this lease is voidable at your option and is unenforceable by us (except for property damages); and (B) we may not recover past or future rent or other charges.The above remedies also apply if both ofthe following occur. (1) the Lease is automatically renewed on a month -to -month basis more than once after membership inTAAan the local association has lapsed; and (2) neither the owner nor the man- of Resident) Date signed (Name of Resident) (Name of Resident) (Name of Resident) 29. Severability and Survivability. If any provision ofthis Lease Is invalid or unenforceable under applicable law,, It won't Invalidate the remain- (Nameofflesident) derofthe Lease or change the intent ofthe parties. Paragraphs 10.1, 10.2,16, 27 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. Date signed Date signed Date signed Date signed 30. Controlling Law. Texas law governs this Lease. All litigation arising (Name of Resident) Date signed under this Lease and all Lease obligations must be broughtin the county, and precinct if appiitable, where the apartment is located. 31. Waivers. By signing this Lease,youagreetothe following: �-.erlls6pres (signin on alfo wne 31.1. Class Action Waiver. You agree thatyou will not participate In any class action claims against us or our employees, agents, y/J or managementcompany. You mustfile any claim against us �V Individually, and you expressly waive your right to bring, represent joinorotherwisemaintainaclassaction, collective action orsimilarproceeding againstusin anyforum. Apartmentlease Contract,TAAO1fiaal5tatewide Famr22-A/&1/6-2ReAsedluly2a32 Aage 6 of 6 Checking Your Home for Lead CheckingYour Home for Lead, continued You can get your home tested for lead in several different ways: • Alead-based paint Inspection tells you ifyour home has lead - based paint and where it is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead -based paint Inspector, will conduct a paint inspection •.,.t using methods, such as: • Portable x-ray fluorescence(XRF) machine • Lab tests of paint samples • A risk assessment tells you ifyour home currently has any lead hazardstrom lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained a nd certified testing professional, c called a risk assessor, 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 ofpaint dust and soil samples • A combination Inspection and risk assessment tells you if your 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 ask questions about anything you do not understand. What You Can Do Now to ProtectYour Family If you suspect that your house has lead -based painthazards,you can take some Immediate steps to reduce your family's risk: • Ifyou rent notify your landlord of peeling or chipping paint. • Keep painted surfaces dean 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 forth a dangerous gas.) • Carefully dean 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 bed time. • Keep play areas dean. 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- orstate, 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. 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) for a list of contacts In your area? ' Headng-o Fs d.d,-chay S,, dial 1-dualsm-8339. sd,is numberrhrough7rvby riling tiro Federal Rday SerWce a[ t-80P8T7-8339. Reducing Lead Hazards Disturbing lead -based paint or removing lead improperly can Increase tha hazard to your family by spreading even more lead dust around the house. • In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead -based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead - contaminated soll. 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 renovator who is trained in the use of lead -safe work practices. If you area do-it-yourselfer, (earn how to use lead —safe work practices In your home. • To remove lead hazards permanently, you should hire a 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 not permanent control. Always use a certified contractor who is trained to address lead hazards safely - Him 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 work safely and has the proper equipment to dean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. OTr APANf u f AssocA , INC., 2021 PAae 3 Or 5 Reducing Lead Hazards, continued Renovating, Repairing or Painting a Home with Lead -Based Paint If your home has had lead abatement work done or lithe 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: • 10micrograms per square foot (µg/ftlfor floors, including carpeted floors • 100 µg/fll for interior windows sills • 400 µg/f' 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 HEPA vacuum on all furniture and other Items returned to the area, to reduce the potential for reintroducing lead dust. • Regularly clean floors,windowsills, 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 all 1-800-424-LEAD. 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 older cities and homes built before 1986. You can't smell or taste lead in drinking water. To find out for certain ifyou have lead In drinking water, have your watertested. Remember older homes with a private well an 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 a nd ma ki ng baby formu [a. 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 dean you rfrucefsscreen (also known asanaerator). • Ifyou 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 an make it less effective at removing lead. Contact your water companyto determine if the pipe that connects your home to the water main (called a service line) Is made from lead. Your area's water company can also provide information about the lead levels in your system's 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, all 1-800 424-LEAD.* Call your local health department or water companyto find out about testing your water, or visit 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 speechchallenged individuals mayaccess this number throughTTY by W Iling the Federal Relayseroce at 1.800.877-8339. If you hire a contractor to conduct renovation, repair, or painting (RR" ) projects in your pre-1978 home or.hildcarefadlity (such as pre-school and kindergarten),your contractor must: • Bea Lead -Safe Certi6edf,-.pprovedby EPAoran a EPA-authorizedstateprogramCanifierovtwfallosworkpdreces to rs)who leads ntamination fework practices to prevent lead con[aminaUonProvide a copy of EPA's lead hazard Information document, The Lead -Safe CertifiedGuide to RenovoteRight RRP contractors working in pre-1978 homes and childcare facilities mustfollow leadsaf s work practices that: • Contain theworkarea.The area mustbewmained sothatdust and debris do not escape from the work area. Warning signs must be put up, and plastic orother 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 thattheir use Is pmhibhed.They ate; • Open -flame burning ortorching • Sanding,grinding,planing, needle gunning, or blasting with powertook and equipment not equipped with a shroud and HEPAYacoum attachment • Using a heat gun attemperatures greater than 1100T • Cleanup thoroughly.The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special d—ing methods. • Dispose of waste properly. Collect and sea] 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/9adeadsafe, or read The Lead -Safe Certified Gulde to Renovatefiight Other Sources of Lead, continued • Lead smelters or other industries that release lead into the air • Your fob.Ifyou work with lead, you could bring it home on your body or clothes. Shower and change do= before coming home Launder your work clothes separately from the rest ofyourfamilyvs clothes. • Hobbles 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 childrens products may have parts that contain lead! • Food and liquids cooked orsrored In lead crystal or lead -glazed pottery or porcelain may contain lead. • Folk remedies, such as'greta' and earzrcon; used to treat an upset stomach. • in 19740,e federal gavemment bannedu,) ,other duldrenY praducn, aM furNtu with lead -containing paint in2008, the federal most l 9ent banned lead In re ,h8drenk pro Iu The federal 9overnment cunendy bans lead In caress of 100 pwn ®Tex,.s Ac,.mr— A,,—.n, hlc., 2021 Paae 4 oe 5 For More Inrormation Consumer Prod —Safety eemmlssien (cesci ll.<N<�n<IWL«dl �ermhmmleb pWwnlnaaM 9exoNer M1ud.gwAeab orulnia-<owisi w�v(nyl.<pagwfufrrate[,na fb'o�Me:m �en;lou�i :a � en�w�a w,wc<,n t.op+zb..ra3, a. aawn<,d ferNbm,Non.boutk•aNeMkNa w.mr. new faty tb nlPs[I Nptllne Fier Womumteomnaumin�pmdu�c<oAerpm�sumeNr p �al�� r� rt m u�vaa; e. Nd< asGY �bsite at clncgw m sa <rDree„ruaw. .nataolN<.nn.na f„vlro[[mmmnamaes Some cote;elhea,a[d We, M1awtMuvrn rvki,da<etl m lea6 Ovetl WNtmeceMiM1ywrlod,gercYteseewl+kh laves aptly [o yoau Men a9 a W e i on ,Iw preside Nbmutlm m fiMlrg ba t<ment Rrm N>vur •n; and an pe,pLe worm of fi�ntlal a N fer � udnp katl hands Recehe vp<o-date addrea <vwvwe Worm•eonrw 3eu,mte ulaolwnom en NeWebat !),re.+,t<.,a<mkax rhaN,ao,gl[.,ammm„uoneant<r,t HG�<�,dng er rpee W-<luume M NeMau,6 m,Ypv hoe iedenl�Re y Wvkeoaru[<-woena as 9 "ou f Ccpmumer p[othe p.b1reuah eduoaon,safela drk of In1urY actN W e; antl anforc<menl.4nuc{ CPSC for ruMer Inrnrmallor rea,dirp rpmpm,rweeu<x nrty.nd r<aw,cens. -.c a33a4rtWen NlaMeey 0ethesd; MD 20a16ia21 1-aM638-2TJ2 cpsc9w o[u(e[preductsgw U.S. Department of Housrng and Urban Development(HUD) H.Ok mtimsie and gV+IRy Nerdable Mmeslfor,l l>Ifie or lead Nanrd eoniroi and Neald,yibmesforfvrther Nfwmatbn re9adlrg the lead Sale Hou,lna Rules whkh pmteN IaMlles In pa-19)e anbrcd houalnyand /orihe leas havN coneol.rd niearth grant p[egn[m. as15<wamn sweet sw, Rpom e2ab (a0y a02-yb96 nuaawneae IMPORTANT! Lead From Paint apn, andsotl in and &round You, Home Gn Be D,n1-1 a Ngthlanaged Properly • Dadenn t<rswn demp.[t.tnnl«le.a gamnghynah«ne. . te,d<,petvetanwm lw,q dh bbk, a,en bubrcrhrypeb«n . H[met,d /t,ndNW[arehddubalt Erkn 1998 ue ltey to [tmo5t 1ud W,H D,Mt L<m daGenxM,eemhe,Wrlm,rh*'advaa�an kM,dled Nddrb#<a • dNvMy,u{au,aMkad{aredght«remoivy Irda„rea rknpo9eMonw,o.rdaem9<rte lewr,mb. M kM E��a q uti•,g,ol lm w!.t a-0iq mmWiig4ad . v<o91<hm maMepemsf«rrdudM4N n,nbs Gv� ,keaW[d Ws`ttNta n9eedmnaabnbrot • dbeep>9e lei 0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/75S-1785 0 EPA Region 6 office (Includes Texos)-214/665-2704 0 CPSC-800/638-2772 0 National Lead Information Center-800/424-5323 I 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 paintandfor lead -based paint hazards in the dwelling. Lessees (residents) must also receive a federally approved pamphlet on lead poisoning prevention. (This addendum is a'pamphletvrithin the meaning of federal regulat)ons.The term'ln 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 paintwarning pamphletand lead -based paint disclosure statement, to the lessee (resident). LESSOR'S DISCLOSURE Presence of lead -based paint and/or lead -based paint hazards (checkonlyone box) ❑ Lessor (owner) h as no knowledge of lead -based paint a nd/or lead -based paint haza rds In the housing. ❑ Lessor (owner) knows that lead -based paint and/or lead -based paint hazards are present in the housing(expialn). Records and reports available to lessor (check only one box) ❑ Lessor (owner) has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. ❑ Lessor (owner) has reports or records indicating the presence of som e lead -based paint and/or lead-ba sed 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. Ifanother person orendty is Involved in leasingthe dwelling man agent of the lessorfi.e., as a management company, 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 under 42 U.S.C. 4852(d); and (2) agent is aware of agents responsibility to ensure that lessor complies with such disclosure laws. Such compliance maybe through lessor hlmselfor herself, orthrough lessor's employees, officers or agents. Lessor's obligations Include those In 24 CFRSections 35.88 and 35.92 and 40 CFR Sections 745.107 and 745.113. Agents obligations Include those in 24 CFR Section 35.94 and 40 CFR Section 745.115. Accuracy Certifications and Residents Acknowledgment. Lessor and anyagent named below certify thatto the best oftheir knowledge the above information and statements made or provided bythem, respectively, aretrue and accurate.The person who signs forthe LESSOR may be:(I) 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 locatorservice tfsuch person is authorized to sign for the lessor.The person who signs forthe AGENT maybe; (1) the agent himself or herself; or (2) an employee, officer or partnerofthe agentlf such person Is authorized to sign forthe agent.Thelessees (residents) signing below acknowledge that they have received a copy of thisTAA lease addendum before becoming obligated under the (ease and have been Informed that It contains the disclosure form and pamphlet Information required by prevention. Sierra Hermosa Apartments, 3220 Las Vetras Trail #159 street address of dwelling Fort Worth, TX 76116 City/State/ZIP Date signed Lessee (Resident) " ate signed Lessee (Resident) Date signed Sierra Hermosa Apartments Printed name of LESSOR (owner) of the dwelling Signature ofperson signing on behaifofebove LESSOR Date signed Lessee (Resident) Date signed Lessee (Resident) Date signed Lessee (Resident) Date signed Sierra rmos tments Printed fa G o essor, i.e., n men co ny, eal estat rota[ se iv cols gth w ling v S re son signing. abev any Datesigned You are enthted to receive a copy of thisAddendum afterkis fullysigned. Keep it in a safeplace. TAA Official Statewide Form 21-AA/BB/CC L1 Pres S of s Copyright October, 2021,7exas Apartment Association, Inc M&C Review Page 1 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH Create New From This M&C REFERENCE 19NS 2023-2027 DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN CODE: C TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,452,621.00 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 of City Staff Sharon Burkley; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 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 $13,552,621.00 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 2023-2027 Consolidated Plan and 2023-2024 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 an increase in the City's Priority Repair Program contract authority by $500,000.00 annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023- 2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation from $2,000,000.00 to $2,500,000.00. 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' Community Development Block Grant funds for the City's Priority Repair Program; 5. 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; 6. 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 2023-2024 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; 7. Authorize the City Manager or his designees 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; http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023 M&C Review Page 2 of 7 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of $6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and $2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000,00, all subject to receipt of such funds; and 9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%, estimated total of $393,106.92. DISCUSSION: The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable housing needs and sets strategic priorities and goals for use of federal grants funds from the United States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be addressed with Annual Action Plans that summarize the major housing and community development activities and proposed expenditures for each of the five years. These priorities and goals were developed to be consistent with strategies and initiatives previously adopted by the City Council, as well as through an assessment of community needs. This included Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are summarized below. PRIORITY NEED I GOAL (Promote Affordable Housing (Increase neighborhood stability through homeownership assistance; for Renters and Owners Fair Housing efforts, and supportive services for renters and owners l Housing Preservation and Preserve and expand the supply of quality affordable housing Rehabilitation throughout the City Neighborhood Improvement nhance neighborhood development and revitalization throughout and Revitalization the City Economic Empowerment Support programs and services providing employment training and and Financial Resilience career readiness programs that promote self-sufficiency and household stability Support programs and services to prepare children and youth for Children and Youth Services success through educational, mentoring, training and related programs Support programs and services for older adults to access resources Aging In Place needed to age in their homes, while maintaining both their independence and quality of life ccessibility Improvements Improve accessibility in public facilities and housing, including Ilarchitectural barrier removal Homelessness Prevention Provide housing and support services for persons experiencing and and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve permanent housing (Healthy Living and Wellness ��health Support programs and services to improve the mental and physical of low -to moderate -income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 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 httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 3 of 7 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. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 12, 2023 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 10, 2023. These funding recommendations were presented in City Council Work Session on August 1, 2023. A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is scheduled for the City Council on August 8, 2023. 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 2023-2024 Annual Action Plan will be submitted to HUD by August 15, 2023. Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 28.10\% 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. Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This will require an increase in the expenditure authority for the PRP and the contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as follows: Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $3,910,000.00: 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 - $636,610,00: Includes for multifamily rental rehabilitation Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: M&C Review Page 4 of 7 Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organization - $490,667.85: 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 Housing Channel for multifamily housing development in southeast Fort Worth. 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. Community Housing Development Organization Operating - $45,000.00: Major Projects - $2,000,000.00: 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 ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $327,111,90: 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 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated as follows: Public Service Agencies - $564,752.00 Administration - $45,791.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts AGENCY r BChristian Learning enter (Boys & Girls Clubs of Greater Tarrant County, Camp Fire First Texas Cancer Care Services TABLE 1: CDBG AGENCIES IICONSOLIDATED PLAN GOAL Children and Youth Services Children and Youth Inc. Services Children and Youth Services Healthy Living and Wellness Easter Seals North Texas, Economic Inc. Empowerment and Financial Resilience PROGRAM II AMOUNT Out of School Time $78,218.00 Program Youth Development $70,000.00 at Eastside Branch Teens In Action $50,000.00 Cancer Care $50,000.00 Services Employment Services $60,000.00 Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00 County Services II Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001 I i i u i httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel (Junior Achievement of the Chisholm Trail, Inc. Maroon 9 Community Enrichment Organization Meals -On -Wheels, Inc. of Tarrant County NPower Inc. The Ladder Alliance The Women's Center of Tarrant County, Inc. Promote Affordable Housing for Renters and Owners Children and Youth Services Children and Youth Services Aging In Place Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Housing Counseling & Education l Cradle to Career II Initiative ItMaroon 9 Teen richment Program (Nutrition Program II "Tech Fundamentals Workforce Training Program Tarrant County Workforce Development Employment Solutions $111,000.00 $25,000.001 $25,000.00I $75,000.00I $25,000.00 l�M $75,000.00 Holistic Educational (United Community Centers, (Children and Youth ��Literacy $125,000.00 Inc. Services Program JCDBG Public Services Agencies Total II$1,049,218.001 Rehabilitation, Education and Advocacy for Citizens Accessibility Project Ramp $165,000.00 with Handicaps dba Improvements REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity Cowtown Brush Up $455,000.00 and Rehabilitation Habitat for Humanity JCDBG Subrecipient Agencies Total I $620,000.001 TOTAL CDBG CONTRACTS 11$1,669,218.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Support Services, Short -Term Rent, Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00 Based Rental Assistance Tarrant Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00 Inc. g' Services, Tenant -Based Rental Assistance (TBRA) TOTAL HOPWA CONTRACTS Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY IThe Presbyterian Night Shelter of Tarrant County, Inc. Lighthouse for the Homeless dba True Worth Place . 4 . Shelter Operations/Services Day Shelter Operations/Services 1$1,729,850.00 11 AMOUNT 1 II$116,635.00I 11$158,400.001 11 1 M&C Review Page 6 of 7 IThe Salvation Army Center for Transforming Lives ISafeHaven of Tarrant County TOTAL ESG CONTRACTS IlHomelessness Prevention IlRapid Re -Housing JIShelter Operations/Services All figures have been rounded to the nearest dollar for presentation purposes. available in ALL COUNCIL DISTRICTS. $150,000.00 II $75,901.001 II $63,816.001 11$564,752.001 These programs are 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. Alternatives to consider may include staff and program reductions or eliminations. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund I Department Account I Project I Program Activity ID ID FROM Fund Department Account Project p 1 ID I I ID Submitted for Citv Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budgetl Reference # Year I (Chartfield 2) Budget Reference # Year (Chartfield 2) Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) Amount Amount 19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filings.pdf (Public) ConPlan July 12 Public Hearinq.pdf (Public) FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2, 2023.m)tx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx, (Public) ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx (Public) httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023