HomeMy WebLinkAboutContract 60431CSC No. 60431
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WO TH AND JM Rims Management, LLC
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WO TH ("City"), and JM Rings Management,
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 3-bedroom ("Lease"). The
unit is located at ("Unit"), as more fully described in
Exhibit A.
2. TERM.
This Agreement shall begin on September 1,2023 and shall expire on November 8,2023,
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
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY page 1 of 13
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
$2,056.00 per month for the Unit.
The Tenant, during the Initial Term, shall be responsible for $508.00 of rent per
month for the Unit from September 1, 2023 to October 31,2023. November 1, 2023 to
November 8, 2023 the Tenant will be responsible for $0.00 of rent per month for the Unit.
During the Initial Term, beginning September 1, 2023 to October 31, 2023, City shall
pay $1,548.00 toward the Tenant's Total Rent for the Unit. Beginning November 1, 2023 to
November 8, 2023 and until either this Agreement expires or Landlord is notified by City
otherwise, City shall pay $497.00 toward the Tenant's Total Rent for the Unit ("City
Portion"). Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or
for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to
paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for
rent, payments, and other fees associated with the Unit and City shall not be obligated by law or
in equity for any amount other than the City Portion.
Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
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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.
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
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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.
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 REOUIREMENT
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:
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(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.
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
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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
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, FROM AND AGAINST ANYAND
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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 CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assiatiment. 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:
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To CITY:
To LANDLORD:
City of Fort Worth JM Rings Management, LLC
Attn: Fernando Costa, Assistant City Manager Attn: Jeff Ringnald
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.
7031 Winterwood Ln.
Dallas, TX 75248
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
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restrictions by any governmental authority, transportation problems and/or any other similar
causes.
24. 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
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Landlord shall notify City's Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
records. The president of Landlord or authorized official must sign the letter. A 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.
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31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
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)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ��—
Name: Fernando Costa
Title: Assistant City Manager
Date: Nov 7, 2023
APPROVAL RECOMMENDED:
By: l/u_
Name: Victor Turner
Title: Director
Neighborhood Services Department
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
LANDLORD: JM Rings Management, LLC
By: Jeff Ringnald (�:34 CDT)
Name: Jeff Ringnald
Title: Landlord
Date: Nov 2, 2023
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: Tamar .3,202308:24 CDT)
Name: Tamara Jones
Title: Neighborhood Program
Coordinator
APPROVED AS TO FORM AND
LEGALITY:
p �onT��aAdo
aayan�4Og4aa
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 22-0569
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
CoDv of Tenant's Lease
Rental Assistance Landlord Agreement Page 13 of 13
Authentislgn ID: 86A494FB-AEE3-ED1I-BEBA-6045BDEF2690
11 TEXAS REALTORS'
RESIDENTIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO, INC. IS NOTAUTHORIZED.
®Texas Association of REALTORS®, Inc. 2019
1. PARTIES: The parties to this lease are:
the owner of the Property, Landlord,:
Ed Githens
; and
Tenant(s):
2. PROPERTY: Landlord leases to Tenant the following real property:
in Tarrant County, Texas, together with the following non -real -property
items:
The real property and the non -real -property are collectively called the "Property".
3. TERM:
A. Primary Term: The primary term of this lease begins and ends as follows:
Commencement Date: May 1, 2023 Expiration Date: November 1, 2023
B. Delav of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is
unable to occupy the Property by the 5th day after the Commencement Date because of construction on the
Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice
to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant
the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction
or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning,
repairs, or make-ready items.
4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: This lease automatically renews on a month -to -month
basis unless Landlord or Tenant provides the other party written notice of termination as provided in Paragraph 4A.
Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of
termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due
does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph
4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 413(1) will apply.
A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party
written notice of termination not less than: (Check only one box.)
❑ (1) 30 days before the Expiration Date.
❑X (2) 30 days before the Expiration Date.
(TXR-2001) 09-01-19
& Landlord or Landlord's Representative: , Page 1 of 16
P\II BigD Properties, 9330 LBJ Freenny Suite 900 Dallas TX 75243 Phone: 2144383905 Fax: 8825 Guadalupe
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If Landlord or Tenant fails to provide the other party timely written notice of termination as required by paragraph
4A, the lease automatically renews on a month -to -month basis. The Landlord or Tenant then must provide a
subsequent written notice of termination as required by paragraph 4B.
B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to -month basis
until either party provides written notice of termination to the other party and the notice of termination will be
effective: (Check only one box.)
❑X (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to
prorate rent even if Tenant surrenders the Property before the termination date.
❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary,
rent will be prorated on a daily basis.
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $ $2,056.00 for each full month
during this lease. The first full month's rent is due and payable not later than Ma 1, 2023
by (select one or more): ❑ cashier's check ❑X electronic payment ❑ money order [personal check or
❑X other means acceptable to Landlord.
Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before
(check only one box):
❑X (1) the first day of each month during this lease.
❑ (2)
Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent.
B. Prorated Rent: On or before Tenant will pay Landlord $ NIA as
prorated rent from the Commencement Date through the last day of the month in which this lease begins.
C. Place of Pav_ ment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this
lease to the following person or entity at the place stated and make all payments payable to the named person or
entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due
under this lease.
Name: PMI Biq D Properties
Address: 9330 LBJ Freeway
Dallas, Texas 75043
Notice: Place the Property address and Tenant's name on all payments.
D. Method of Pavment:
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this
lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required).
(3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or
more): ❑ cashier's check ❑X electronic payment ❑ money order ❑ personal check or ❑ other means
acceptable to Landlord. Landlord ❑ mayor ❑ may not charge a reasonable fee to process or accept payment
by (select one or more only if Landlord indicates a reasonable fee may be charged): ❑ cashier's check
❑ electronic payment ❑ money order ❑ personal check or ❑ other means acceptable to Landlord.
(4) Landlord ❑ requires ❑ does not require Tenant(s) to pay monthly rents by one payment.
(5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the
institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent
amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other
remedies under this lease for Tenant's failure to make timely payments with good funds.
(TXR-2001) 09-01-19 Tenants: & Landlord or Landlord's Representative �6 Page 2 of 16 ❑
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E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will
be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the
3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment:
(1) an initial late charge equal to (check one box only):[] (a) $ ;or ❑ (b) 5.000 % of one
month's rent; and
(2) additional late charges of $ 10.00 per day thereafter until rent and late charges are paid in full.
Additional late charges for any one payment may not exceed more than 30 days.
Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least
two full days after the date on which the rent is due.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the
postmark date is not the date Landlord receives the payment). The parties agree that the late charge is
reasonable based on uncertain damages to the Landlord related to the late payment of rent, including direct or
indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. Landlord's
acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27.
7. RETURNED PAYMENT: Tenant will pay Landlord $ $50.00 for each payment Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus anv late charaes
until Landlord receives pavment. Tenant must make any returned payment good by paying such amount(s) plus any
associated charges in certified funds.
8. APPLICATION OF FUNDS: Reaardless of anv notation on a Davment, Landlord may apply funds received from
Tenant first to anv non -rent obliaations of Tenant, includina but not limited to. late charaes. returned Davment charses.
repairs. brokeraae fees. Deriodic utilities. pet charaes. and then to rent..
9. PETS:
A. Unless the parties agree otherwise in writing, Tenant may not permit. even temporarily. any pet on the Property
(including but not limited to any mammal, reptile, bird, fish, rodent, or insect). An assistance animal is not
considered a pet.
B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any
of the following action:
(1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27;
(2) charge Tenant, as additional rent, an initial amount of $ 300.00 and $ 10.00
per day thereafter per pet for each day Tenant violates the pet restrictions;
(3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by
providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and
(4) charge to Tenant the Landlord's cost to:
(a) remove any unauthorized pet;
(b) exterminate the Property for fleas and other insects;
(c) clean and deodorize the Property's carpets and drapes; and
(d) repair any damage to the Property caused by the unauthorized pet.
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C. When taking any action under Paragraph 913 Landlord will not be liable for any harm, injury, death, or sickness to
any pet.
10. SECURITY DEPOSIT:
A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the
amount of $ NIA by (select one or more): ❑ cashier's check ❑X electronic
payment ❑ money order ❑ personal check or ❑ other means acceptable to Landlord. "Security deposit" has the
meaning assigned to that term in §92.102, Property Code. Any additional deposits Tenant pays to Landlord, other
than the security deposit, will become part of the security deposit.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security
deposit in an interest -bearing or income -producing account and any interest or income earned will be paid to
Landlord or Landlord's representative.
C. Refund: Tenant must aive Landlord at least thirty (30) days written notice of surrender before Landlord is
obligated to account for or refund the security deposit. Anv refund of the security deposit will be made oavable to
all Tenants named in this lease.
Notices about Security Deposits:
(1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last
month's rent on grounds that the security deposit is security for unpaid rent.
(2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld
and the landlord's reasonable attorney's fees.
(3) The Property Code does not obligate a landlord to return or account for the security deposit until the
tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding
address, after which the landlord has 30 days in which to account.
(4) "Surrender" is defined in Paragraph 16 of this lease.
(5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in
the lower left-hand corner of this form, is httD://www.statutes.leais.state.tx.us/.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair
the Property;
(b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this
Lease;
(f) unpaid pet charges;
(g) replacing unreturned keys, garage door openers, security devices, or other components;
(h) the removal of unauthorized locks or fixtures installed by Tenant;
(i) Landlord's cost to access the Property if made inaccessible by Tenant;
Q) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and
quality that are in the Property on the Commencement Date);
(k) packing, removing, and storing abandoned property;
(1) removing abandoned or illegally parked vehicles;
DD
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(m) costs of reletting (as defined in Paragraph 27), if Tenant is in default;
(n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal
proceeding against Tenant;
(o) mailing costs associated with sending notices to Tenant for any violations of this lease;
(p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease;
(q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by
Landlord;
(r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and
removal of debris; and
(s) costs to rekey certain security devices, as provided in Paragraph 19.
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after
Landlord makes written demand.
11. UTILITIES:
A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the
Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable,
and Internet connections) except the following which Landlord will pay: NIA
Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers.
B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times
this lease is in effect: gas; electricity; water; wastewater; and garbage services.
Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the
Property and are adequate for Tenant's use.
12. USE AND OCCUPANCY:
A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may
permit to reside on the Property during the term of this lease are (include names and ages of all
occupants):
B. Phone Numbers and E-mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers
(home, work, and mobile) and e-mail not later than 5 days after a change.
C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the
Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations
by Tenant of any owners' association rule or restrictive covenant, and any resulting administrative fees assessed
by Landlord's agents or any other entity as provided by law.
D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on
the Property, even temporarily: a spa, hot tub, above -ground pool, trampoline, or any item which causes a
suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit
any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the
repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which
violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity;
or (6) activity that obstructs, interferes with, or infringes on the rights of other persons clear the Property.
TXR-2001) 09-01-19 Tenants:
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E. Guests: Tenant may not permit any guest to stay on the Property longer than the amount of time permitted by any
owners' association rule or restrictive covenant or 14 days without Landlord's written
permission, whichever is less.
F. Common Areas: Landlord is not obligated to pay any non -mandatory or user fees for Tenant's use of any common
areas or facilities (for example, pool or tennis courts).
13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles,
trucks, recreational vehicles, trailers, motorcycles, all -terrain vehicles, jet skis, and boats, on the Property unless
authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant
may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not
prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or
adjacent to the Property or on the street in front of the Property. In accordance with applicable state and local laws,
Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any
vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle
parked in violation of any law, local ordinance, or owners' association rule. Tenant must promptly inform Landlord of
any changes in Tenant's vehicle information (type, year, make, model, and license plate number including state) not
later than 5 days after a change.
14. ACCESS BY LANDLORD:
A. Advertisina: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the
Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or
exterior photographs or images of the Property and use the photographs or images in any advertisements to
lease or sell the Property.
B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact
Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to
prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally,
Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first
attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take
photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien;
(4) leave written notices; or (5) seize nonexempt property if Tenant is in default.
C. Tria Charaes: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property
and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible
(including, but not limited to, any occupant, guest or invitee of Tenant, pet, or security device prohibiting access to
any area of the Property), Landlord may charge Tenant a trip charge of $ 50.00
D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox
is opened by a special combination, key, or programmed access device so that persons with the access
device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk
(such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of
REALTORS@ nor MILS requires the use of a keybox.
(1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a
keybox containing a key to the Property:
(a) during the last 60 days of this lease or any renewal or extension; and
(b) at any time Landlord lists the Property for sale with a Texas licensed broker.
TXR-2001 09-01-19 Tenants:
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(2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to
Landlord and paying Landlord a fee of $ NIA as consideration for the withdrawal. Landlord
will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the
required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for
showings as indicated in Paragraph 14B.
(3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to
contact Tenant, Landlord may charge Tenant a trip charge as provided in Paragraph 14C.
(4) Landlord, the property manager, and Landlord's broker are not responsible to Tenant, Tenant's quests, family,
or occupants for anv damages, injuries, or losses arisinq from use of the kevbox unless caused by Landlord,
the propertv manager, or Landlord's broker.
15. MOVE -IN CONDITION:
A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the
Property and accepts it AS -IS provided that Landlord: N/A
B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to
Landlord within 3 days after the Commencement Date. If Tenant fails to timely deliver the Inventory
and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease.
The Inventory and Condition Form is not a request for repairs. Tenant must direct all requests for repairs in
comoliance with Paragraph 18.
16. MOVE -OUT:
A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when
received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash,
debris, and any personal property. Tenant may not abandon the Property.
B. Definitions:
(1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse.
(2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and
one of the following events occurs:
(a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease.
(3) "Abandonment" occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord's reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the
Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating
that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the
time required in the notice, which will not be less than 2 days from the date the notice is affixed to the
main entry door.
(TXR-2001) 09-01-19 Tenants:,
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C. Personal Property Left After Move -Out:
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord
may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in §54.045(b)-(e), Property Code.
(2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing,
removing, storing, and selling the personal property left in the Property after surrender or abandonment.
17. PROPERTY MAINTENANCE:
A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and change heating and air conditioning filters at least once a month;
(4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide
detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that
are in the Property on the Commencement Date);
(5) maintain appropriate levels of necessary chemicals or matter in any water softener;
(6) take action to promptly eliminate any dangerous condition on the Property;
(7) take all necessary precautions to prevent broken water pipes due to freezing or other causes;
(8) replace any lost or misplaced keys;
(9) pay any periodic, preventive, or additional extermination costs desired by Tenant, including treatment for bed
bugs, unless otherwise required by law;
(10) remove any standing water;
(11) know the location and operation of the main water cut-off valve and all electric breakers and how to switch
the valve or breakers off at appropriate times to mitigate any potential damage;
(12) water the foundation of the Property at reasonable and appropriate times; and
(13) promptly notify Landlord, in writing, of all needed repairs.
B. Yard Maintenance:
(1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other
foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not
include common areas maintained by an owners' association.
(2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming
the yard; (b) controlling pests and weeds in the yard; and (c) removing debris from the yard.
(3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times
including but not limited to the following times: as needed
Other than watering, the yard will be maintained as follows:
/ERR
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❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's
contractors reasonable access to the yard and will remove any pet from the yard at appropriate times.
❑X (b) Tenant, at Tenant's expense, will maintain the yard.
❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly
provides such service; n
C. Pool/Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool/Spa Maintenance
Addendum.
D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke
alarms, additional carbon monoxide detectors, locks, alarm systems, cables, satellite dishes, or other fixtures,
such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in
writing by Landlord, Tenant may not:
(1) remove any part of the Property or any of Landlord's personal property from the Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to
hang pictures in sheetrock and grooves in paneling;
(4) permit any water furniture on the Property;
(5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems;
(6) alter, replace or remove flooring material, paint, or wallpaper;
(7) install, change, or remove any: fixture, appliance, or non -real -property item listed in Paragraph 2;
(8) keep or permit any hazardous material on the Property such as flammable or explosive materials;
(9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be
suspended or canceled or any premiums to be increased;
(10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the
Property;
(11) cause or allow any lien to be filed against any portion of the Property; or
(12)disconnect or intentionally damage any carbon monoxide detector, or otherwise violate any local ordinance
requiring a carbon monoxide detector in the Property.
E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum,
Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant
is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord
incurs plus any administrative fees assessed by Landlord's agents or any other entity as provided by law.
F. Smokina: Smoking by Tenant, Tenant's guests, family, or occupants is []permitted ❑X not permitted on the
Property (including, but not limited to, the garage or outdoor areas of the Property). If smoking is not permitted
and does occur on the Property, Tenant will be in default and:
(1) Landlord may exercise Landlord's remedies under Paragraph 27; and
(2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not
limited to stains, burns, odors, and removal of debris.
18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations).
A. Repair Reauests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is
delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the
event of an emergency related to the condition of the Property that materially affects the physical health
or safety of an ordinary tenant, Tenant may call Landlord or, if applicable, the property manager, at
(214)438-3905 Ordinarily, a repair to the heating and air conditioning system is not an
emergency.
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B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an
ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise
remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those
sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an
appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561;
(3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial
remedies according to §92.0563. Do not exercise these remedies without consultina_ an attornev or
carefully reviewina the procedures under the applicable sections., The Property Code presumes that 7
days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless
there are circumstances which establish that a different period of time is appropriate (such as the
severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly
follow the procedures in the applicable sections may cause Tenant to be in default of the lease.
C. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without
Landlord's permission. All decisions regarding repairs, including the completion of any repair,
whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole
discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless required to
do so by the Property Code.
D. Pavment of Repair Costs:
(1) Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the
Property in need of repair if Tenant complies with the procedures for requesting repairs as described
in this Paragraph 18. This includes, but is not limited to, repairs to the following items not caused by
Tenant or Tenant's negligence:
(a) heating and air conditioning systems;
(b) water heaters; or
(c) water penetration from structural defects.
(2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence:
(a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant;
(b) damage to doors, windows, and screens;
(c) damage from windows or doors left open;
(d) damage from wastewater stoppages caused by foreign or improper objects in lines that
exclusively serve the Property;
(e) items that are cosmetic in nature with no impact on the functionality or use of the item; and
(f) the following specific items or appliances: N/A
E. Trip Charaes: If a repair person is unable to access the Property after making arrangements with Tenant
to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may
be different from the amount stated in Paragraph 14C.
(TXR-2001) 09-01-19 Tenants: , & Landlord or Landlord's Representative: �V V,) Page 10 of 16
, ��
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F. Advance Pavments and Reimbursements: Landlord may require advance payment of repairs or payments
under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the
amounts under this Paragraph 18 for which Tenant is responsible.
19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS:
A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and
security devices, including (with some exceptions): (1) window latches on each window; (2) a keyed doorknob
lock or keyed deadbolt lock on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of
the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the
dwelling; and (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Landlord has
rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within
7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property
Code.
B. All notices or reauests by Tenant for rekevina. chanaina. installina. reoairina. or replacina securitv devices must
be in writina. Installation of additional security devices or additional rekevina or replacement of security devices.
desired by Tenant may be paid by Tenant in advance in accordance with b92.162(c). Property_ Code. and mav_ be
installed only by contractors authorized by Landlord.
C. If Tenant vacates the Property in breach of this lease. Landlord may deduct from the security deposit reasonable.
costs incurred by Landlord to rekev security devices as authorized by i$92.156(e). Propertv Code.
20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke
alarms in certain locations. Reauests for additional installation. inspection. or repair of smoke alarms must be in
writina. Disconnectina or intentionally damaaina a smoke alarm or removina a battery without immediately replacing it
with a workina battery may subject Tenant to civil Denalties and liability for damaa_ es and attorney_ fees under
�92.2611. Property Code.
21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants
for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds,
explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the
Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold,
fungus, etc.), or other occurrences or casualty losses. Unless prohibited by law, Tenant will Dromotly reimburse
Landlord for any damaaes. injuries. or losses to person or Droperty caused by Tenant. Tenant's a_ uests, any
occupants. or any pets or assistance animals, including cost of repairs or service to the Property.
22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the
holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent,
lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the
monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand.
23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's nonexempt
personal property that is in the Property and may seize such nonexempt property if Tenant fails to pay rent.
Subchapter C, Chapter 54. Propertv Code governs the rights and obligations of the parties regarding Landlord's lien.
Landlord may collect a charae for packing, removing, or storina Propertv seized in addition to any other amounts
Landlord is entitled to receive. Landlord may sell or dispose of any seized Propertv in accordance with the provisions.
of 1554.045. Propertv Code.
24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i)
any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien
or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions
of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting
the Property.
(TXR-2001) 09-01-19 Tenants:
& Landlord or Landlord's Representative: Page 11 of 16
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25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the
parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other
sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease,
any condemnation of all or a part of the Property is a casualty loss.
26. SPECIAL PROVISIONS: (Do not insert a lease -option or lease -purchase clause without the assistance of legal
counsel. Special obligations and liabilities under statute apply to such transactions.)
Lease will renew provided that tenant is current on rent at the time this lease expires
27. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant
will be in default and:
(1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day
written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be
accelerated without notice or demand;
(3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the
Property Code; and
(4) Tenant will be liable for:
(a) any lost rent;
(b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility
charges, and other fees reasonably necessary to relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
(d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court
costs, costs of service, witness fees, and prejudgment interest;
(e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to
collection fees, late charges, and returned check charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 27B(1) may be by any means permitted by §24.005, Property Code.
D. If Tenant vacates the Property in breach of this lease, Landlord may also deduct from the security deposit the
reasonable costs to rekey certain security devices, as provided in Paragraph 19.
E. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the
Property to acceptable tenants and reducing Tenant's liability accordingly.
28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i)
renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under
Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. Unless otherwise provided by law,
Tenant is not entitled to early termination due to voluntary or involuntary job or school transfer, changes in marital
status, loss of employment, loss of co -tenants, changes in health, purchase of property, or death.
(TXR-2001) 09-01-19 Tenants:, & Landlord or Landlord's Representative: (��,� Page 12 of 16
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A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain
situations involving family violence, military deployment or transfer, or certain sex offenses or stalking.
(1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate
this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government
document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change
of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is
effective on the 30th day after the first date on which the next rental payment is due after the date on which
the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this
paragraph.
(2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of documentation
described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by
a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the
parties under this paragraph. If the family violence is committed by someone other than a cotenant or co -
occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of
the notice.
(3) Sex Offenses or Stalkina: Tenant may have special statutory rights to terminate this lease in certain situations
involving certain sexual offenses or stalking, if the Tenant provides Landlord with the documentation required
by §92.0161, Property Code. For more information about the types of situations covered by this provision,
Tenant is advised to review §92.0161, Property Code.
B. Assignment. Subletting and Replacement Tenants:
(1) Tenant may not assign this lease or sublet the Property without Landlord's written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 28B, Tenant may attempt to find a
replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt
to find a replacement tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and
must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to
Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form
approved by Landlord.
(4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property,
Tenant will pay Landlord:
(a) if Tenant procures the assignee, subtenant, or replacement tenant:
❑ (i) $ NIA
❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay.
(b) if Landlord procures the assignee, subtenant, or replacement tenant:
❑ (i) $ NIA
❑ (i i) %6 of one's month rent that the assignee, subtenant, or replacement tenant is to pay.
(5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's
obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease
of this lease without Landlord's written consent is voidable by Landlord.
(TXR-2001) 09-01-19 Tenants:, (
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29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the
transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all
other costs of the legal proceeding from the non -prevailing party.
30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations.
Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a
misrepresentation in this lease or in an application for rental, Tenant is in default.
31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules
and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord
may, at Landlord's discretion, amend from time to time.
❑X
Addendum Regarding Lead -Based Paint
❑
Agreement Between Brokers
❑
Inventory & Condition Form
❑
Landlord's Rules & Regulations
❑
Landlord's Additional Parking Rules
❑
Owners' Association Rules
❑
Pet Agreement
❑
Pool/Spa Maintenance Addendum
❑
Protecting Your Home from Mold
❑
Residential Lease Application
❑
Residential Lease Guaranty
❑
Bed Bug Addendum
❑X❑
Flood Addendum
❑X❑
Information about Brokerage Services
32. NOTICES: All notices under this lease must be in writing and are effective when hand -delivered, sent by mail, or sent
by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive
notices under this lease at the e-mail address or fax number specified):
Tenant at the Property and a copy to:
E-mail:
Fax:
33. AGREEMENT OF PARTIES:
Landlord c/o:
PMI Big D Properties
E-mail: bbroyles(cDpmibigd.com
Fax:
A. Entire Aareement: There are no oral agreements between Landlord and Tenant. This lease contains the entire
agreement between Landlord and Tenant and may not be changed except by written agreement.
B. Bindina Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to,
refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its
renewal, or its termination is binding on all Tenants executing this lease.
D. Waiver: Landlord's past delay, waiver, or non -enforcement of a rental due date or any other right will not be
deemed to be a waiver of any other breach by Tenant or any other right in this lease.
E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not
be affected and all other provisions in this lease will remain enforceable.
& Landlord or Landlord's Representative: Page 14 of 16
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F. Controllinq Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement
of this lease.
G. Copvriaht: If an active REALTOR@ member of Texas REALTORS@ does not negotiate this lease as a
party or for one of the parties, with or without assistance by an active member of the State Bar of Texas,
this lease is voidable at will by Tenant.
34. INFORMATION:
A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed
for receipt of notices for Landlord under Paragraph 32.
B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections,
schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's
needs and wishes; and (iii) Tenant is satisfied with the Property's condition.
C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against
the Property.
D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies.
E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage
company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not
in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such
information).
F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to
access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named
person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named
person. Section 92.014, Property Code governs procedures to follow regarding a deceased tenant's personal
property and security deposit.
Name: Phone:
Address:
E-mail:
G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine
if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under on-line services). For
information concerning past criminal activity in certain areas, contact the local police department.
H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord highly recommends that
Tenant obtain liability insurance and insurance for casualties such as fire, flood, water damage, and theft.
Landlord's broker,
❑ will ❑ will not act as the property manager for landlord. If Property is not managed by above -named broker,
Property will be managed by ❑ Landlord or 0 property manager for Landlord:
Name of property manager: PMI Big D Properties Phone: (214)438-3905
Address: 9330 LBJ Freeway ste, 900 Dallas, Tx 75243 E-mail:
uhVCs:vl
(TXR-2001) 09-01-19 Tenants:, & Landlord or Landlord's Representative: Page 15 of 16
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J. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed,
leases with options to purchase, or lease options, without the advice of an attorney.
K. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT
CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing.
Landlord Date
Ed Githens
Landlord Date
Or signed for Landlord under written property management
agreeme�r)t en fir power of attorney:
By.1u ha
�6066Y Broyles' 04/25/23 04/25/2023
Date
Broker's Associate's Printed Name
Bobby Broyles 705932
Broker's Printed Name License No.
PMI Big D Properties 9007536
Firm Name
Feveriy
Landlord's Use:
On " (date), Landlord provided a copy of the lease, signed by all parties, to
(Tenant) by ❑ mail ❑ e-mail ❑ fax ❑ in person.
*!Vote: Landlord must provide at least one copy of the lease to at least one Tenant no later than three
business days after the date the lease is signed by each party to the lease. Additionally, if more than one
tenant is a party to the lease, no later than three business days after the date the Landlord receives a
written request for a copy of a lease from a tenant who has not already received one as required above,
the Landlord must provide a copy to the requesting tenant. Landlord may provide the copy of the lease in:
(1) a paper format; (2) an electronic format if requested by the tenant; or (3) by e-mail if the parties have
communicated by e-mail regarding the lease. See § 92.024, Property Code, for more details.
(TXR-2001) 09-01-19
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11 TEXAS REACTORS
ADDENDUM REGARDING LEAD -BASED PAINT
For use in the lease of residential property built before 1976.
ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT
76116-6733
A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead -based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, lessors (landlords) must disclose the presence of
known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (tenants) must also receive a
federally approved pamphlet on lead poisoning prevention.
B. DISCLOSURE:
(1) Presence of lead -based paint and/or lead -based paint hazards. (Check (a) or (b)).
❑ (a) Landlord knows of the following lead -based paint and/or lead -based paint hazards in the Property:
0 (b) Landlord has no knowledge of lead -based paint and/or lead -based paint hazards in the Property.
(2) Records and reports available to Landlord. (Check (a) or (b)).
❑ (a) Landlord has provided Tenant with all available records and reports pertaining to lead -based paint and/or
lead -based paint hazards in the Property which are listed here:
0 (b) Landlord has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the
Property.
C. TENANT'S ACKNOWLEDGEMENT:
(1) Tenant has received copies of all information listed in Paragraph B.
X (2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home.
D. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT:
(1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA -approved
pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead -based paint
and/or lead -based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead -based
paint and/or lead -based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years.
(2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and
are aware of his/her responsibility to ensure compliance.
E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and correct.
2008) 10-14-03 Page 1 of 1
P➢H Big D Properties, 9330 LBJ Freemmy Suite 900 Dallas TX 75243 Phone: 2144383905 Fax: 8825 Guadalupe
BobbyBro)les Produced with zipForm9 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLouix.com
Protect
Your.
Family
From
Lead in
Your
Home
A States
EpAUnited
Environmental
Protection Agency
United States
'. f
Consumer Product
Safety Commission
ENTpf `
P h'
United States4A
Zo �IIIIIII Department of Housing
and Urban Development
9BAN Ulvk�O
September 2013
Authentislgn ID: 86A494Fl3-AEE3-ED1 "E8A-60458DEF2690
Are You Planning to Buy or Rent a Home Built
Before 1978?
Did you know that many homes built before 1978 have lead -based
paint? Lead from paint, chips, and dust can pose serious health
hazards.
Read this entire brochure to learn:
How lead gets into the body
About health effects of lead
u What you can do to protect your family
Where to go for more information
Before renting or buying a pre-1978 home or apartment, federal
law requires:
• Sellers must disclose known information on lead -based paint or lead -
based paint hazards before selling a house.
• Real estate sales contracts must include a specific warning statement
about lead -based paint. Buyers have up to 10 days to check for lead.
• Landlords must disclose known information on lead -based paint
and lead -based paint hazards before leases take effect. Leases must
include a specific warning statement about lead -based paint.
If undertaking renovations, repairs, or painting (RRP) projects in
your pre-1978 home or apartment:
w Read EPA's pamphlet, The Lead -Safe Certified Guide to Renovate
Right, to learn about the lead -safe work practices that contractors are
required to follow when working in your home (see page 12).
TXR-2511
_. _.
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Simple Steps to Protect Your Family
from Lead Hazards
If you think your home has lead -based paint:
. Don't try to remove lead -based paint yourself.
Always keep painted surfaces in good condition to minimize
deterioration.
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 clean floors, window sills, and other surfaces.
Take precautions to avoid exposure to lead dust when
remodeling.
When renovating, repairing, or painting, hire only EPA- or state -
approved Lead -Safe certified renovation firms.
Before buying, renting, or renovating your home, have it
checked for lead -based paint.
Consult your health care provider about testing your children
for lead. Your pediatrician can check for lead with a simple
blood test.
. Wash children's hands, bottles, pacifiers, and toys often.
Make sure children avoid fatty (or high fat) foods and eat
nutritious meals high in iron and calcium.
Remove shoes or wipe soil off shoes before entering your
house.
1
TXR-2511
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Lead Gets h-Ao trhe,. c3ody iilr M,-a L)y Ways
Adults and children can get lead into their bodies if they:
Breathe in lead dust (especially during activities such as renovations,
repairs, or painting that disturb painted surfaces).
Swallow lead dust that has settled on food, food preparation surfaces,
and other places.
a 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
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.
2
TXR-2511
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Authentislgn ID: 86A494F8-AEE3-ED11.8E8A-60458DEF2690
Health Effects of 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: Brain Nerve Damage
• Nervous system and kidney damage
• Learning disabilities, attention deficit
disorder, and decreased intelligencenNel
firowti
• Speech, language, and behavior
problems
r
Poor muscle coordination
• Decreased muscle and bone growthj`
• Hearing damage
Digestive
ms
While low -lead exposure is most common, ProblemsRepro
exposure to high amounts of lead can have Problems
devastating effects on Children, including (Adults)
seizures, unconsciousness, and, in some cases, death.
Homing
Problems
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
10 Nerve disorders
• Memory and concentration problems
• Muscle and joint pain
3
TXR-2511
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Check Your Family for Lead
Get your children and home tested if you think your home has
lead.
Children's blood lead levels tend to increase rapidly from 6 to 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.
4
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Produced with zipFomt9 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwziDLooix.com 8825 Guadalupe
Authentisign ID: 86A494FB-AEE3-EDll.8E8A-6045BDEF2690
Where Lead -Based Paint is Found
In general, the older your home or childcare facility, 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.Z
Learn how to determine if paint is lead -based paint on page 7.
Lead can be found:
• In homes and childcare facilities in the city, country, or suburbs,
• In private and public single-family homes and apartments,
• On surfaces inside and outside of the house, and
• In soil 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.gov/lead.
"Lead -based paint" is currently defined by the federal government as paint with
lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or
more than 0.5% by weight.
2 "Lead -containing paint" is currently defined by the federal government as lead in new
dried paint in excess of 90 parts per million (ppm) by weight.
5
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Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzioLooix.com 88:5 Guadalupe
Authentislgn ID: 86A494FB-AEE3-ED11-8E8A-60458DEF2690
Identifying Lead -Based Paint and Lead -Based Paint
Hazards
Deteriorating 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 door frames
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 can 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 can 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:
40 micrograms per square foot (pg/ft2) and higher for floors,
including carpeted floors
250 pg/ft2 and higher for 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 their shoes. EPA currently defines
the following levels of lead in soil as hazardous:
400 parts per million (ppm) and higher in play areas of bare soil
1,200 ppm (average) and higher in bare soil in the remainder of the
yard
Remember, lead from paint chips - which you can see - and lead
dust - which you may not be able to see - both can be hazards.
The only way to find out if paint, dust, or soil lead hazards exist is to
test for them. The next page describes how to do this.
6
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Produced with zipFonn® by zipLogix 18070 FF�fteen Mite Road, Fraser, Michigan 48026 www.zi[)Loa x.com 8825 Guadalupe
Authentislgn ID: 86A494FB-AEE3-ED11-8E8A-60458DEF2690
Checking Your Home for Lead
You can get your home tested for lead in several different ways:
A lead -based paint inspection tells you if your home has lead -
based paint and where it is located. It won't tell you whether your
home currently has lead hazards. A trained and certified testing
professional, called a lead -based paint
inspector, will conduct a paint inspection
using methods, such as:
• Portable x-ray fluorescence (XRF) machine
• Lab tests of paint samples
• A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what
actions to take to address any hazards. A
trained and certified testing professional,
called a 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 of paint, 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.
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Aulhentislgn ID: 86A494FB-AEE3-ED11-8EBA-60458DEF2690
Checking Your Home for Lead, continued
In preparing for renovation, repair, or painting work in a pre-1978
home, Lead -Safe Certified renovators (see page 12) may:
Take paint chip samples to determine if lead -based paint is
present in the area planned for renovation and send them to an
EPA -recognized lead lab for analysis. In housing receiving federal
assistance, the person collecting these samples must be a certified
lead -based paint inspector or risk assessor
• Use EPA -recognized tests kits to determine if lead -based paint is
absent (but not in housing receiving federal assistance)
• Presume that lead -based paint is present and use lead -safe work
practices
There are state and federal programs in place to ensure that testing is
done safely, reliably, and effectively. Contact your state or local agency
for more information, visit epa.gov/lead, or call 1-800-424-LEAD
(5323) for a list of contacts In your area.'
3 Hearing- or speech -challenged individuals may access this number through TTY by
calling the Federal Relay Service at 1-800-877-8399.
8
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Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLouix.com 8825 Guadalupe
Authentisign ID: 86A494F8-AEE3-ED11.8E8A-60458DEF2690
What You Can Do Now to Protect Your Family
If you suspect that your house has lead -based paint hazards, you
can take some immediate steps to reduce your family's risk:
• If you rent, notify your landlord of peeling or chipping paint.
• Keep painted surfaces clean and free of dust. Clean floors, window
frames, window sills, and other surfaces weekly. Use a mop or sponge
with warm water and a general all-purpose cleaner. (Remember:
never mix ammonia and bleach products together because they can
form a dangerous gas.)
• Carefully clean up paint chips immediately without creating dust.
• Thoroughly rinse sponges and mop heads often during cleaning of
dirty or dusty areas, and again afterward.
• Wash your hands and your children's hands often, especially before
they eat and before nap time and bed time.
• Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed
animals regularly.
• Keep children from chewing window sills or other painted surfaces, or
eating soil.
• When renovating, repairing, or painting, hire only EPA- or state -
approved Lead -Safe Certified renovation firms (see page 12).
• Clean or remove shoes before entering your home to avoid tracking
in lead from soil.
• Make sure children avoid fatty (or high fat) foods and eat nutritious
meals high in iron and calcium. Children with good diets absorb less
lead.
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Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzioLooix.com 8825 Guadalupe
Aulhentislgn ID: 86A494FB-AEE3-ED11-8EBA-6045BDEF2690
Reducing Lead Hazards
Disturbing lead -based paint or
removing lead improperly can
increase the 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 soil. These actions are
not permanent solutions and will need
ongoing attention.
You can minimize exposure to lead � �'
when renovating, repairing, or painting by hiring an EPA- or state -
certified renovator who is trained in the use of lead -safe work
practices. If you are a do-it-yourselfer, learn how to use lead -safe
work practices in your home.
To remove lead hazards permanently, you should hire 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.
Hire a Lead -Safe Certified firm (see page 12) to perform renovation,
repair, or painting (RRP) projects that disturb painted surfaces.
To correct lead hazards permanently, hire a certified lead abatement
professional. This will ensure your contractor knows how to work
safely and has the proper equipment to clean up thoroughly.
Certified contractors will employ qualified workers and follow strict
safety rules as set by their state or by the federal government.
10
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Produced with zipForm® by zipLogix 18070 Fifteen Mite Road, Fraser, Michigan 48026 WWW-ZIDLoclix.com 8825 Guadalupe
Authentisign ID: 86A494FB-AEE3-EDI I.8E8A-6045BDEF2690
Reducing Lead Hazards, continued
If your home has had lead abatement work done or if the housing is
receiving federal assistance, once the work is completed, dust cleanup
activities must be conducted until clearance testing indicates that lead
dust levels are below the following levels:
40 micrograms per square foot (pg/ft2) for floors, including carpeted
floors
250 pg/ft2 for interior windows sills
400 pg/ft2 for window troughs
For help in locating certified lead abatement professionals in your area,
call your state or local agency (see pages 14 and 15), or visit
epa.gov/lead, or call 1-800-424-LEAD.
11
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Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwlioLoaix.com 8825 Guadalupe
Authentislgn ID: 86A494FB-AEE3-EDI I.8EBA-6045BDEF2690
Renovating, Remodeling, or Repairing (RRP) a Home
with Lead -Based Paint
If you hire a contractor to conduct renovation, repair, or painting
(RRP) projects in your pre-1978 home or childcare facility (such as
pre-school and kindergarten), your contractor must: I __
I..: (,�iIx
fil
Be a Lead -Safe Certified firm approved by EPA or anl+,!
EPA -authorized state program
• Use qualified trained individuals (Lead -Safe -
Certified renovators) who follow specific lead -safe
work practices to prevent lead contamination _-c
• Provide a copy of EPA's lead hazard information
document, The Lead -Safe Certified Guide to►
Renovate Right - y
RRP contractors working in pre-1978 homes and childcare facilities
must follow lead -safe work practices that:
Contain the work area. The area must be contained so that dust and
debris do not escape from the work area. Warning signs must be put
up, and plastic or other impermeable material and tape must be used.
Avoid renovation methods that generate large amounts of
lead -contaminated dust. Some methods generate so much lead -
contaminated dust that their use is prohibited. They are:
Open -flame burning or torching
Sanding, grinding, planning, needle gunning, or blasting with
power tools and equipment not equipped with a shroud and
HEPA vacuum attachment and
. Using a heat gun at temperatures greater than 1100°F
• Clean up thoroughly. The work area should be cleaned up daily.
When all the work is done, the area must be cleaned up using special
cleaning methods.
• Dispose of waste properly. Collect and seal waste in a heavy duty
bag or sheeting. When transported, ensure that waste is contained to
prevent release of dust and debris.
To learn more about EPA's requirements for RRP projects visit
epa.gov/getleadsafe, or read The Lead -Safe Certified Guide to
Renovate Right.
12
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Produced with zipForm® byzipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 WWW7jDLoUix.com 8825 Guadalupe
Authentisign 10: 86A494FB-AEE3-ED11.8EBA-604580EF2690
Other Sources of Lead
While paint, dust, and soil are the most common sources of lead,
other lead sources also exist:
Drinking water. Your home might have plumbing with lead or lead
solder. You cannot see, smell, or taste lead, and boiling your water will
not get rid of lead. If you think your plumbing might contain lead:
. Use only cold water for drinking and cooking.
Run water for 15 to 30 seconds before drinking it, especially if
you have not used your water for a few hours.
Call your local health department or water supplier to find out
about testing your water, or visit epa.gov/lead for EPA's lead in
drinking water information.
Lead smelters or other industries that release lead into the air.
Your job. If you work with lead, you could bring it home on your body
or clothes. Shower and change clothes before coming home. Launder
your work clothes separately from the rest of your family's clothes.
Hobbies that use lead, such as making pottery or stained glass,
or refinishing furniture. Call your local health department for
information about hobbies that may use lead.
Old toys and furniture may have been painted with lead -containing
paint. Older toys and other children's products may have parts that
contain lead.4
Food and liquids cooked or stored in lead crystal or lead -glazed
pottery or porcelain may contain lead.
Folk remedies, such as "greta" and "azarcon," used to treat an upset
stomach.
4 In 1978, the federal government banned toys, other children's products, and furniture
with lead -containing paint (16 CFR 1303). In 2008, the federal government banned
lead in most children's products. The federal government currently bans lead in
excess of 100 ppm by weight in most children's products (76 FR 44463).
13
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Aulhentislgn ID: 86A494FB-AEE3-ED11-8EBA-6045BDEF2690
For More Information
The National Lead Information Center
Learn how to protect children from lead poisoning and get other
information about lead hazards on the Web at epa.gov/lead and
hud.gov/lead, or call 1-800-424-LEAD (5323).
EPA's Safe Drinking Water Hotline
For information about lead in drinking water, call 1-800-426-4791, or
visit epa.gov/lead for information about lead in drinking water.
Consumer Product Safety Commission (CPSC) Hotline
For information on lead in toys and other consumer products, or to
report an unsafe consumer product or a product -related injury, call
1-800-638-2772, or visit CPSC's website at cpsc.gov or
saferproducts.gov.
State and Local Health and Environmental Agencies
Some states, tribes, and cities have their own rules related to lead -
based paint. Check with your local agency to see which laws apply
to you. Most agencies can also provide information on finding a lead
abatement firm in your area, and on possible sources of financial aid
for reducing lead hazards. Receive up-to-date address and phone
information for your state or local contacts on the Web at epa.gov/lead,
or contact the National Lead Information Center at 1-800-424-LEAD.
Hearing- or speech -challenged individuals may access any of the
phone numbers in this brochure through TTY by calling the toll -
free Federal Relay Service at 1-800-877-8339.
14
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Produced with zipFom* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzioLouix.com 8825 Guadalupe
Authentislgn ID: 86A494Fl3-AEE3-ED11.8EBA-60458DEF2690
U. S. Environmental Protection Agency (EPA)
Regional Offices
The mission of EPA is to protect human health and the environment.
Your Regional EPA Office can provide further information regarding
regulations and lead protection programs.
Region 1 (Connecticut, Massachusetts, Maine,
New Hampshire, Rhode Island, Vermont)
Regional Lead Contact
U.S. EPA Region 1
5 Post Office Square, Suite 100, OES 05-4
Boston, MA 02109-3912
(888)372-7341
Region 2 (New Jersey, New York, Puerto Rico,
Virgin Islands)
Regional Lead Contact
U.S. EPA Region 2
2890 Woodbridge Avenue
Building 205, Mail Stop 225
Edison, NJ 08837-3679
(732)321-6671
Region 3 (Delaware, Maryland, Pennsylvania,
Virginia, DC, West Virginia)
Regional Lead Contact
U.S. EPA Region 3
1650 Arch Street
Philadelphia, PA 19103
(215)814-2088
Region 4 (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee)
Regional Lead Contact
U.S. EPA Region 4
AFC Tower, 12th Floor, Air, Pesticides & Toxics
61 Forsyth Street, SW
Atlanta, GA 30303
(404) 562-8998
Region 5 (Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin)
Regional Lead Contact
U.S. EPA Region 5 (DT-8J)
77 West Jackson Boulevard
Chicago, IL 60604-3666
(312) 886-7836
15
TXR-2511
Region 6 (Arkansas, Louisiana, New Mexico,
Oklahoma, Texas, and 66 Tribes)
Regional Lead Contact
U.S. EPA
Region 6
1445 Ross Avenue, 12th Floor
Dallas, TX 75202-2733
(214) 665-2704
Region 7 (Iowa, Kansas, Missouri, Nebraska)
Regional Lead Contact
U.S. EPA Region 7
11201 Renner Blvd.
WWPDITOPE
Lenexa, KS 66219
(800) 223-0425
Region 8 (Colorado, Montana, North Dakota,
South Dakota, Utah, Wyoming)
Regional Lead Contact
U.S. EPA Region 8
1595 Wynkoop St.
Denver, CO 80202
(303)312-6966
Region 9 (Arizona, California, Hawaii, Nevada)
Regional Lead Contact
U.S. EPA Region 9 (CMD-4-2)
75 Hawthorne Street
San Francisco, CA 94105
(415) 947-4280
Region 10 (Alaska, Idaho, Oregon,
Washington)
Regional Lead Contact
U.S. EPA Region 10
Solid Waste & Toxics Unit (WCM-128)
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
(206) 553-1200
Produced with zipForrn0 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www-mt-ooix.com 8825 Guadalupe
Authentislgn ID: 86A494FB-AEE3-ED11.8E8A-6045BDEF2690
Consumer Product Safety Commission (CPSC)
The CPSC protects the public against unreasonable risk of injury
from consumer products through education, safety standards
activities, and enforcement. Contact CPSC for further information
regarding consumer product safety and regulations.
CPSC
4330 East West Highway
Bethesda, MD 20814-4421
1-800-638-2772
cpsc.gov or saferproducts.gov
U. S. Department of Housing and Urban
Development (HUD)
HUD's mission is to create strong, sustainable, inclusive
communities and quality affordable homes for all. Contact
HUD's Office of Healthy Homes and Lead Hazard Control for
further information regarding the Lead Safe Housing Rule, which
protects families in pre-1978 assisted housing, and for the lead
hazard control and research grant programs.
HUD
451 Seventh Street, SW, Room 8236
Washington, DC 20410-3000
(202) 402-7698
hud.gov/offices/lead/
This document is in the public domain. It may be produced by an individual or organization without
permission. Information provided in this booklet is based upon current scientific and technical
understanding of the issues presented and is reflective of the jurisdictional boundaries established by
the statutes governing the co-authoring agencies. Following the advice given will not necessarily
provide complete protection in all situations or against all health hazards that can be caused by lead
exposure.
U. S. EPA Washington DC 20460 EPA-747-K-12-001
U. S. CPSC Bethesda MD 20814 September 2013
U. S. HUD Washington DC 20410
16
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(1) FIR, - r AL, N,\ 1� T�.
Lead From Paint, Dust, and S6� �n and
Around Your Home Can Be Dangerous if
G� Gehl _- r tiaged Properly
Children under 6 years old are most at risk for lead
poisoning in your home.
Lead exposure can harm young children and babies even
before they are born.
Homes, schools, and child care facilities built before 1978
are likely to contain lead -based paint.
Even children who seem healthy may have dangerous
levels of lead in their bodies.
f, Disturbing surfaces with lead -based paint or removing
lead -based paint improperly can increase the danger to
your family.
U People can get lead into their bodies by breathing or
swallowing lead dust, or by eating soil or paint chips
containing lead.
People have many options for reducing lead hazards.
Generally, lead -based paint that is in good condition is not
a hazard (see page 10).
C roc -PC ,M
Authentisign to: 86A494FB-AEE3-ED11-8E8A-60458DEF2690
11 /2/2015
12rInformation About Brokerage Services
EQUAL 110U5II Texas law requires all real estate licensees to give the following information about
brokerage services to prospective buyers, tenants, sellers and landlords.
TYPES OF REAL ESTATE LICENSE HOLDERS:
• A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
• A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):
• Put the interests of the client above all others, including the brokers own interests;
• Inform the client of any material information about the property or transaction received by the broker;
• Answer the client's questions and present any offer to or counter-offer from the client; and
• Treat all parties to a real estate transaction honestly and fairly_
A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:
AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner,
usually in a written listing to sell or property management agreement_ An owner's agent must perform the broker's minimum duties
above and must inform the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyers agent.
AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a
written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any
material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or
seller's agent.
AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written
agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or
underlined print, set forth the brokers obligations as an intermediary. A broker who acts as an intermediary:
• Must treat all parties to the transaction impartially and fairly;
• May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and
buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
• Must not, unless specifically authorized in writing to do so by the party, disclose:
o that the owner will accept a price less than the written asking price;
o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
o any confidential information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so by law.
AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the
buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.
TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:
• The brokers duties and responsibilities to you, and your obligations under the representation agreement.
• Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.
LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes_ It does not create an obligation for
you to use the brokers services. Please acknowledge receipt of this notice below and retain a copy for your records_
Bobbv Brovles 705932 bbrovies(d)nmibicid.com (214)638-3905
Licensed Broker /Broker Firm Name or License No_ Email Phone
Primary Assumed Business Name
PMI Biq D Properties 9007536 bbrovlesOmmibiad.com (214)638-3905
Designated Broker of Firm License No. Email Phone
Licensed Supervisor of Sales Agent/ License No. Email Phone
Associate
Sales Agent/Associate's Name I Oil (L' se No� Q f11 Email Phone
III' 68 J 04/25/2023 04/26/2023
Buyer/Tenant/Se`llerA andlord Initials Date
Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov
[ABS 1-0 Date
PAH Big D Properties, 9330 LBJ Freeway Suite 900 Dallas TX 75243 Phone: 2144383905 Fax: 8825 Guadalupe
BobbyBroyles Produced with zipFormt byzipLogix 18070 Hleen Mile Road, Fraser, Michigan 48026 www.z!pLonix.com
Authentisign ID: 86A494FB-AEE3-ED11.8EBA-6045BDEF2690
11 TEXAS REACTORS
ADDENDUM REGARDING RENTAL FLOOD DISCLOSURE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS% INC. IS NOT AUTHORIZED.
@Texas Association of REALTORSO Inc. 2021.
ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 8825 Guadalupe
Rd, Fort Worth, TX 76116-6733
THIS ADDENDUM IS A DISCLOSURE OF LANDLORDS' KNOWLEDGE AS OF THE DATE
SIGNED BY THE LANDLORD. IT IS NOT A WARRANTY OF ANY KIND NOR A PREDICTION
OF FUTURE EVENTS BY LANDLORD, LANDLORD'S AGENTS, OR ANY OTHER AGENT.
A. 100-YEAR FLOODPLAIN. Landlord []is or ❑X is not aware that the dwelling you are renting
is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling
is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling
may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA)
maintains a flood map on its Internet website that is searchable by address, at no cost, to
determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not
cover damages or loss incurred in a flood. You should seek insurance coverage that would
cover losses caused by a flood.
B. DAMAGE TO A DWELLING DUE TO FLOODING DURING THE LAST FIVE-YEAR PERIOD.
Landlord ❑ is or ❑X is not aware that the dwelling you are renting has flooded at least once
within the last five years.
*For• pinposes of this notice:
"100yea7• floodplain" means an>.y area of land designated as a flood haza7•d area with a one percent or greater
chance of flooding each yea- by the Federal Emergency Management Agency under the National Flood
Insurance Act of 1965 (42 U.S.C. Section 4001 et seq.). A landlord is not t•eclt117•ed to disclose on the notice that
the landlord is apa•e that a dlpelling is located in a 100 yea• floodplain if the elevation of the duvelling is
raised above the I00yea• floodplain flood levels in accordance with federal regulations.
"Flooding" means a general or temporay condition ofpal•tial 07• complete il1ltndatiOl7 Of a dwelling caused by:
(A) the oveiflow of inland or tidal waters; (B) the lnntsntal and rapid accumulation of rmmnoff or s•u7face wate7s
f7.0711 any established water sonn•ce such as a 7rive7; stream, or ch ainage ditch; or (C') e>:cessive. rainfall.
The undersigned Tenant acknowledges receipt of the foregoing notice.
❑8AuthentLo--rr uthenlisifcps �/
066y 81-0y1e.f 04/25/23 18e,
v'lY AYie HOWAr 04/25/23
Landlord PMI Big D Properties Date Tenant Beverly Marie Howard Date
Landlord
(TXR-2015) 1-01-22
Date Tenant Date
Tenant
Date
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PAU Big D PivperHes, 9330 LBJ Frteway Suite 900 Dallas TX 75243 Phone: 2144383905 Fax 8825 Guadalupe
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A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023
ACTION PLAN
CODE: C TYPE: NON -CONSENT PUBLIC YES
HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be
Awarded by the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c.
Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023
Annual Action Plan for use of federal grant funds to be awarded by the United States
Department of Housing and Urban Development in the amount of $13,124,648.00 from the
Community Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for
the use of program income from activities using prior years' federal grant funds;
2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States
Department of Housing and Urban Development, including allocations of grant funds to
particular programs and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant
funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program
grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10
percent of the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for
Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory
completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion
of the program, or to amend the contracts if necessary to achieve program goals provided
any amendment is within the scope of the program and in compliance with City policies and
all applicable laws and regulations governing the use of federal grant funds;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of
$6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME
Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant
funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus
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estimated program income in the amount of $100,000.00, all subject to receipt of such
funds; and
8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\
%, estimated total of $330,793.14.
DISCUSSION:
The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and
community development activities and proposed expenditures for the program year beginning
October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling
$13,124,648.00 from the United States Department of Housing and Urban Development (HUD) from
the Community Development Block Grant (CDBG), HOME Investment Partnerships Program
(HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS
(HOPWA) grant programs. It also summarizes the use of program income resulting from activities
using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and
moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing
homelessness, and HOPWA funds primarily benefit low- and moderate -income persons with
HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based
on prior year's funding levels. One public hearing was held on April 27, 2022 to provide citizens the
opportunity to participate in the development of the Annual Action Plan. Recommendations for award
amounts were considered and adopted by the Community Development Council on May 11, 2022.
These funding recommendations were presented in City Council Work Session on June 7, 2022.
A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 26, 2022; in
the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County
Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and
in Glen Rose Reporter on July 1, 2022.
Any comments received are maintained by the Neighborhood Services Department in accordance
with federal regulations. The City held two public hearings as part of the HUD required citizen
participation process. The first public hearing was held by staff on July 13, 2022, and the second
public hearing is scheduled for the City Council meeting on August 9, 2022.
A summary of staffs final funding recommendations is provided below in Tables 1, 2, and 3. A
Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual
Action Plan will be submitted to HUD by August 15, 2022.
Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the
Neighborhood Services Department indirect cost rate is 17.29\% in the City's most recent Cost
Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further
support the programs and services to assist low -to -moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds
and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be
allocated as follows:
• Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
• Housing Programs - $4,153,352.00: Includes funding for the City's Priority Repair Program,
Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and
persons with disabilities, and related project delivery costs for these programs
• Major Projects - $362,010.00: Includes funding for Southside Community Center improvements
• Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including
allocations for the Financial Management Services and Development Services Departments
• Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's
Priority Repair Program. Any CDBG program income over the estimated amount not used for the
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Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject
to the City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds
and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be
allocated as follows:
• Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing
cost assistance for low- and moderate -income homebuyers
• Community Housing Development Organization - $707,430.00: HUD requires that a minimum of
15 percent of HOME funds be allocated to Community Housing Development Organizations
(CHDOs) for affordable housing projects. These funds will be used by Development Corporation of
Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All
housing developed with these funds will be sold to homebuyers making at or below 80 percent of
area median income (AMI), set by HUD.
• Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable
housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice
Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of
permanent supportive housing.
• Administration - $321,668.50: Includes costs for administering the HOME grant
• Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program
and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME
program income towards the cost of administering the HOME grant. HOME program income over
the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority
activities in the City's Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds
be allocated as follows:
• Public Service Agencies - $1,515,729.00
• Neighborhood Services Department - $650,000.00
• Administration - $66,981.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be
allocated as follows:
• Public Service Agencies - $581,403.00
• Administration - $47,140.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown
in the following tables:
Community Development Block Grant Contracts
AGENCY
Housing Channel
TABLE 1: CDBG AGENCIES
CONSOLIDATED
PLAN GOAL
Affordable Housing
Guardianship Services, Aging -In -Place
Inc.
Meals -On -Wheels, Inc. Aging -In -Place
of Tarrant County gin g
PROGRAM
AMOUNT
Homebuyer
Education and
$100,000.00
Housing Counseling
Services
Financial Exploitation
$70,000.00
Prevention Center
Home -Delivered
$72,006.00
Meals
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Meals -On -Wheels, Inc.
Aging
of Tarrant County
gin g -In -Place
Girls Incorporated of
Children/Youth
Tarrant County
Training and
Mentorship
United Community
Children/Youth
Centers, Inc.
Training and
Mentorship
Boys & Girls Clubs of
Children/Youth
Greater Tarrant County,
Training and
Inc.
Mentorship
Young Men's Christian
Children/Youth
Association of
Training and
Metropolitan Fort Worth
Mentorship
AB Christian Learning
Children/Youth
Center
Training and
Mentorship
Fortress Youth
Children/Youth
Development Center,
Training and
Inc.
Mentorship
The Presbyterian Night
Shelter of Tarrant
County, Inc.
The Ladder Alliance
Easter Seals North
Texas, Inc.
Homeless Services
Poverty Reduction
and Household
Stabilization
Poverty Reduction
and Household
Stabilization
The Women's Center of Poverty Reduction
Tarrant County, Inc. and Household
Stabilization
Center for Transforming Poverty Reduction
Lives and Household
Stabilization
CDBG Public Service Agencies Total
Rehabilitation,
Education and Accessibility
Advocacy for Citizens Improvements
with Handicaps DBA p
REACH, Inc.
United Way of Tarrant Accessibility
County Improvements
Fort Worth Area Habitat Preserve Aging
for Humanity, Inc. DBA Housing Stock
Transportation $50,000.00
Program
Leadership Program $75,000.00
Educational
Enrichment Program $100,000.00
After School Program $60,000.00
Y Achievers $50,000.00
After School Program $75,000.00
Fortress PreSchool
Moving Home Case
Management
Computer Skills
Training - Next Level
Program
Employment
Services
Working Families
Success
Level Up
Microenterprise
Accessibility
Improvements for
Low Income
Residents
Accessibility
Improvements for
Low Income Senior
Residents
Cowtown Brush Up
Paint Program
$50,000.00
$125,000.00
$70,000.00
$50,000.00
$50,000.00
$45,000.00
1�$1,042,006.00
$125,000.00
$50,000.00
$455,000.00
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Trinity Habitat for
Humanity
JCDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
AGENCY
TABLE 2: HOPWA AGENCIES
PROGRAM
AIDS Outreach Administration, Supportive Services, Short -
Center, Inc. Term Rent, Mortgage, and Utility Assistance
(STRMU)
Tarrant County Administration, Facility -Based Operations,
Samaritan Housing, Supportive Services, Tenant -Based Rental
Inc. Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY 11 PROGRAM
The Presbyterian Night Shelter of Tarrant JIShelter
County, Inc.
Lighthouse for the Homeless DBA
Worth Place
The Salvation Army
Center for Transforming Lives
SafeHaven of Tarrant County
TOTAL ESG CONTRACTS
$630,000.001
1$1,672,006.00
11 AMOUNT I
$429,850.00
$1,085,879.00
1�$1,515,729.00
11 AMOUNT
��$130,220.00�
��$176,000.00�
��$105,535.00�
11 $98,743.00
$70,905.00
II$581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Operations/Services
True Shelter
Operations/Services
Homelessness
Prevention
JlRapid Re -Housing
Shelter
Operations/Services
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review.
These specific grants are allocated to the City of Fort Worth based on population size and per capita
income each year. The grants have been consistently awarded to the City since 1974 with the
inception of the Community Development Block Grant (CDBG) through the Housing and Community
Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized
in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment
Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA)
Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of
1990. With these grants, administrative and program delivery allocations support approximately 72
FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various
grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs
and services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Alternative to consider may include staff and program reductions or eliminations.
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FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department ' Account Project Program Activity ' Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Oriqinatinq Department Head: Victor Turner (8187)
Additional Information Contact: Sharon Burkley (5785)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN 21001.docx (Public)
19NS ACTION PLAN 2022 Aqencv Form 1295 Forms.odf (CFW Internal)
Action Plan Budaet-Staff Recommendations Citv Council Work Session 060722.pdf (Public)
Secretary of State Aqencv Listinqs 2022-2023.odf (Public)
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