HomeMy WebLinkAboutContract 61130 (2)CSC No. 61130
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND CASA PARTNERS VIII HOLDINGS, LLC DBA CVIII CHISHOLM
RANCH, LLC
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WORTH ("City"), and CASA PARTNERS VIII
HOLDINGS, LLC DBA CVIII CHISHOLM RANCH, LLC_ ("Landlord"), each individually
referred to as a "party" and collectively referred to as the "parties."
WHEREAS, the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property
so long as the landlord or property management agree to certain terms; and
WHEREAS, in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, ("Tenant") is a participant in the City's rental
assistance program; and
WHEREAS, the City requires that landlords must enter into this Agreement in order to
receive the City's payment of the defined portion of Tenant's rent; and
WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement
and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of
any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control. It is
understood that City is not bound by any portion of Exhibit A and is only bound by the duties and
obligation set forth in this Landlord Services Agreement.
NOW THEREFORE the Parties in exchange for the benefit received from the other
Party's performance, agree to the following terms and conditions:
1. PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a 1-bedroom ("Lease"). The
unit is located at ("Unit"), as more
fully described in Exhibit A.
2. TERM.
This Agreement shall begin on February 1, 2024 and shall expire on January 31. /2025.
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
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY page 1 of 13
FT. WORTH, TX
following City review and approval of request by both Tenant and Landlord under the same terms
and conditions, provided however that the rental rate and any amounts payable by City shall be
provided to the City in writing for the new term at least 30 days prior to the effective date of the
renewal term.
3. COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$1090.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3.2 Rent and Amounts Pavable by City
3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term
is $1074.00 per month for the Unit.
The Tenant, during the Initial Term, shall be responsible for $0.00 of rent from February
1.2024 to February 29. 2024. The Tenant, from March 1.2024 to the end of the term, shall be
responsible for $279.00 per month for the Unit.
During the Initial Term, City shall pay $1074.00 from February 1.2024 to February 29.
2024. toward the Tenant's Total Rent for the Unit ("City Portion"). Beginning March 1.2024 and
until either this Agreement expires or Landlord is notified by City otherwise, City shall pay
$795.00. 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
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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.
3.2.2 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 $0.00
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
3.2.3 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'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.
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due. Payments
for the first month may be somewhat delayed as a result of the registration and initial set-up
process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. If Landlord elects to receive payment by paper check, under no
circumstances shall late fees be assessed against Tenant or City for late payment by the City.
3.2.5 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.
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4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant's lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the
months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and
conditions of this Agreement prior to the date of expiration or termination. City shall not be
obligated for any additional fees or expenses of any kind. If City has paid any portion of the City
Portion for a month that is after the effective date of termination of this Agreement, Landlord shall
refund that portion within thirty days of the effective date of termination by check made out to the
City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of
this Agreement, the only remedy Landlord may assert for any claim, no matter the kind or
character, arising out of this Agreement is for the City 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 REQUIREMENT
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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:
(l) 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.
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8.2 The Landlord is not the agent of the City and this Agreement does not create or
affect any relationship between the City and any lender to the Landlord, or any suppliers,
employees, contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or
a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Landlord shall notify City immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
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
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operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that City shall in no way be
considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants,
employees or subcontractor of Landlord shall be entitled to any employment benefits from City.
Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Landlord under which
the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
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Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with
all applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from
and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
To LANDLORD:
City of Fort Worth CASA Partners VIII Holdings, LLC dba
Attn: Fernando Costa, Assistant City Manager CVIII CHISHOLM RANCH, LLC
200 Texas Street 5100 River Valley Blvd.
Fort Worth, TX 76102-6314 Fort Worth, TX 76132
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
17. NO WAIVER.
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The failure of City or Landlord to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Landlord's respective right to insist upon appropriate performance or to assert any such right on
any future occasion.
18. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
21. HEADINGS NOT CONTROLLING.
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.
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This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City's Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
records. The president of Landlord or authorized official must sign the letter. A 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
Rental Assistance Landlord Agreement Page 10 of 13
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 2276 of the Texas Government Code,
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. To the extent that Chapter 2276 of the Government Code is applicable to
this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides
written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement.31. PROHIBITION ON
DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, 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. 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 City that
Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
(signature page follows)
Rental Assistance Landlord Agreement Page 11 of 13
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:���
Name: Fernando Costa
Title: Assistant City Manager
Date: M a r 18, 2024
APPROVAL RECOMMENDED:
By: a�
Name: Victor Turner
Title: Director,
Neighborhood Services Department
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By:
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Name: Jannette Goodall
Title: City Secretary
By: Karen Trevino (Mar 13, 202410:01 CDT)
•77 Name: Karen Trevino
Title: Landlord
Date: M a r 13, 2024
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: C�fa&f- CJG rzal
Name: Cyndee Garza
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
By: 9.A, a)
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rental Assistance Landlord Agreement Page 12 of 13
2/5/2024 12:40 PM
r 1 This Lease is valid only if filled out before January 1, 2026.
I'Ci�nS.sl:,ltl+I,:, I AS.%OCINMON. Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we, "us," and "our" refer to the owner listed below.
PARTIES
Residents
LEASE DETAILS
Owner CVIII - CHISHOLM RANCH LLC
Occupants
A. Apartment (Par. 2)
B. Initial Lease Term. Begins: 02/01/2024 Ends at11:59p.m.on, 01/31/2025
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par.4)
$ 1074.00 _ $ 1074.00 Aminimum of 60 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amount does not
D. Prorated Rent include any Animal Deposit, which If the number ofdays isn't filled in, notice ofat least 30 days
would be reflected in an Animal is required.
$ Addendum.
0 due for the remainder oflst
month or
O for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
M 10 %of one month's monthly base rent or O 0 %of one month's monthly base rent for days or
p $ 107.40 O $ 0. 00 for days
Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2)
Payment Fee (Par. 3.4)
$ 2148.00 _
$ 30.00
Notice of 60 days is required.
You are not eligible for early termination if
I. Reletting Charge (Par.7.1)
you are in default.
A relettin charge of $ 912.90
g g
Fee must be paid no later than 0
days after you give us notice
(not to exceed85% ofthe highest
monthly Rent during the Lease term)
Ifanyvalues ornumberofdaysare blank or"0,"
may be charged in certain default
then this section does not apply.
situations
K. Violation Charges
Animal Violation (Par.12.2)
Initial charge of $ 100.00 per animal (not
to exceed $100 per animal) and
A daily charge of $ 10.00 peranimal
(not to exceed $10 per day per animal)
Insurance Violation (Master Lease Addendum
or other separate addendum)
$ 35.00
L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 30.00 Cable/satellite $ Internet $
Package service $ 15.00 Pest control $ 5.00 Stormwater/drainage $
Trash service $ 12.00 Washer/Dryer $
Other: $
Other: $
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)
N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: $ __ Required Insurance Liability Limit (per occurrence): $ 100000.00
Special Provisions. See Par.32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract @2023, Texas Apartment Association, Inc. Page 1 of 6
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1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means "including but not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices including: Gate Remote
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations oraccredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRenton orbeforethe lstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment of Rent andyou agree notpaying Rent on
or before the 1st of each month is a material breach of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless ofwhen the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
3.3. Late Fees. Ifwe don't receive your monthly base rent in full
when it's due, you must pay latefees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees ifapplicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services.You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
Ifyour electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —including disconnection for not
paying your bills —until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date.lfyou delay getting service turned on in your name
by this Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name after you move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par.32, or by a written addendum or
amendment signed by you and us. At or after the end ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end ofthe current
Lease term or renewal period.
4. Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice oftermination or intent to move out as required by Par.
25 and specified on page 1. If the number ofdays isn't filled in, no-
tice of at least 30 days is required.
S. Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Secu rity depos its may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aive us vour advance
notice of move out as Drovided by Par. 25 and forwarding_
address in writing to receive a written description and
itemized list of charges or refund. In accordance with this
Lease and as allowed bylaw, wemaydeduct from your
security deposit any amounts due under this Lease. if you
move out earlvorin resDonse to a notice to vacate. vou'll be
liable for rekevina charaes. Upon receipt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
6. Insurance. Our insurance doesn't cover the loss ofor damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrierto waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
7. Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85%ofthe highest
monthly Rent during the Lease term) if you: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) arejudicially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to in 7.3 or 8.1 below, if this
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end ofthe Lease term ifall of
the following occur. (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. Ifyou are in
default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave the right under
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death of a sole resident.
8. Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. Ifwe give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days afteryou receive written notice.
Ifwe give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
Apartment Lease Contract 02023, Texas Apartment Association, Inc.
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9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewater stoppage is due to ournegligence,
we're not liable for —and you must pay for —repairs and replace-
ments occurring during the Lease term or renewal period, includ-
ing: (A) damage from wastewater stoppages caused by improper
objects in lines exclusively serving your apartment, (8) damage to
doors, windows, orscreenr, and (C) damage from windows ordoors
leftopen.
10. Community Policies. Community Policies become part ofthis,
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our sole judgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himselfor
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than __3__ days in one week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days ifyou or any ofyour occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed ofat least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in orthreatening violence, possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner;
(c) disturbing or threatening the rights, comfort, health, safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment;
(9) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
0) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykind are allowed, even tempo-
rarily, anywhere in the apartment or apartment community un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death ofthe
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyouor
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at anytime during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. Ifyou or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
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15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, or security -related matters —
it must be written and delivered to our designated
representative in accordance with this Lease (except for
fair -housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices underthis Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whether or which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts forthe severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. If we fail to timely repair a condition that
materially affects the physical health or safety ofan
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(1) termination of this Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0567; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0567;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days'written notice. Iftermination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose of your personal property if, in
our solejudgment, it causes a health or safety hazard or impedes our
ability to make repairs.
Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a window latch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) either a door -handle latch or a security bar on each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required by law. If we fail to in-
stall or rekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over 55 or disabled, and (B) the require-
ments of Texas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. Ifyou damage ordisable the
smoke alarm or remove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 92.2671 for $100 plus one
month's Rent actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'II be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required by law, none
of us, our employees, agents, or management companies are liable
to you, your guests or occupants for any damage, personal injury,
loss to personal property, or loss ofbusiness orpersonal income,
from any cause, including but not limited to: negligent or intention-
al acts ofresidents, occupants, or guests, theft, burglary, assault,
vandalism or other crimes; fire, Flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities,
pipe leaks orother occurrences unless such damage, injuryor loss is
caused exclusively by ournegligence.
We do not warrant security ofany kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, anyfalse alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
16.1. Property Closure. We also have the right to terminate
20.1. As -Is. We disclaim all implied warranties. You accept the
this Lease and your right to possession by giving you at
apartment, fixtures, and furniture as is, except for
least 30 days' written notice of termination if we are
conditions materially affecting the health or safety of
demolishing your apartment or closing it and it will no
ordinary persons. You'll be given an Inventory and
longer be used for residential purposes for at least 6
Condition Form at or before move -in. You agree that
months, or if any part of the property becomes subject to
after completion ofthe form or within 48 hours after
an eminent domain proceeding.
move -in, whichever comes first, you must note on the
17. Assignments and Subletting. You may not assign this Lease or sub-
form all defects or damage, sign the form, return it to
and the form accurately reflects the condition of the
let your apartment. You agree that you won't rent, offer to rent or
preus,
er y e to
rove
license all or any part of your apartment to anyone else unless other-
you wen youor
Otherwise,
you when you move out. Otherwise, everything will be
out.wise, e thingrefunill be
wise agreed to in advance by us in writing. You agree that you won't
considered to be a clean, safe, and good working
accept anything of value from anyone else for the use of any part of
condition. You must still send a separate request for any
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
20.2. Standards and Improvements. Unless authorized by
18. Security and Safety Devices. We'll oavfor missing securitv de-
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
vices that are required by law. You'll oav for: (Al rekevina that
otherwise alter our property. No holes or stickers are
you reauest (unless we failed to rekev afterthe previous resi-
allowed inside or outside the apartment. Unless this Lease
dent moved out); and (B) repairs or replacements because of
states otherwise, we'll permit a reasonable number of small
misuse or damaae by you or vour family, vour occupants, or vour
nail holes for hanging pictures on twalls and in
guests. You must pay immediately after the work is done unless state
grooves ofwood-paneled walls. Noo waterfurniture, washing
law authorizes advance payment. You must also pay in advance for
machines, dryers, extra phone or television outlets, alarm
any additional or changed security devices you request.
systems, cameras, two-way talk device, video or other door -
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bells, or lock changes, additions, or rekeying is permitted
unless required bylaw or we've consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. Ifallowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification byYou. You9ldefend.indemnifyandhold us
and our employees, agents, and managementcompany
harmless from all liability arising from yourconduct or
requests to ourrepresentatives and from the conduct of or
requests by your invitees, occupants or guests.
23. Default by Resident.
23.1.
23.2.
Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe, (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
Eviction. lfyoudefault, including holding over, we may
end your right of occupancy by giving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. After giving notice to vacate or
filing an eviction suit we maystill accept Rent or other
sums due, the filing or acceptance doesn't waive or
diminish our right of eviction or any other contractual or
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated ifyou'rejudicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees ifyou fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added ifyou don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease or any part ofit
unless in writing and signed, andno authorityto make promises, rep-
resentations, oragreements that impose securityduties or other ob-
ligations on us or ourrepresentatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, notenforce ordelayenforcement of written -no-
tice requirements, rental due dates, acceleration, liens, oranyother
rights isn'ta waiverunderanycircumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us ifyou
default. Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move -Out Notice. Before moving out you must give our represen-
tative advance written move -out notice as stated in Par.4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, ifyou give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move -out notice must not terminate this Lease
before the end of the Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment ofyour
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions ifthey have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02023, Texas Apartment Association, Inc.
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
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f►a 1,0411AA0ifPa[92Wdl
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide ajoint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all ofthe following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or ifyou surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur: (1) this Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner northe man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable)
29. Severability and Survivability. If any provision ofthis Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.1, 10.2,16,22.1, 27,30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent joinorotherwisemaintainaclassaction,
collective action or similar proceeding against us in
anyforum.
YOU UNDERSTAND THAT. WITHOUT THIS WAIVER. YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
Force Majeure. If we are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions in this Lease.
Please refer to the Additional Special
Provisions Addendum for important
information regarding required Personal
Liability Insurance.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owner or Owner's Representative (signing on behalf of owner)
Apartment Lease Contract, TAA Official Statewide Form 23-A/B-1 /B-2 Revised October 2023
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��.�AVAl Animal Addendum
ti �s Al 'kR'i_NII•:.%'1•1Stinc:I,1�I'IniQ
Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do
not properly control and care for an animal, you'll be liable if it causes damage or disturbs other residents.
Dwelling Unit.
.
2. Lease.
Owner'sname: CVIII - CHISHOLM RANCH LLC
Residents (list all residents):
3. Conditional Authorization for Animal. You may keep the animal or
animals described below in the dwelling until the Lease expires. We
may terminate this authorization sooner if your right of occupancy is
lawfully terminated or if in ourjudgment you, your animal, your guest,
or any occupant violates any of the rules in this addendum.
4. Animal Deposit. You must pay a one-time animal deposit of
$ 0.00 when you sign this addendum. This deposit is
in addition to your total security deposit under the Lease, which is a
general security deposit for all purposes. Refund of the total security
deposit is subject to the terms and conditions in the Lease, and this
animal -deposit portion of the total deposit is not separately refund-
able even if the animal is removed.
5. Assistance or Service Animals. When allowed by applicable laws, we
may require written verification of or make other inquiries regarding
the disability -related need for an assistance or service animal fora per-
son with a disability. We will not charge an animal deposit, additional
rent, or other fee for any authorized assistance or service animal. Ex-
cept as provided by applicable law, all other provisions of this adden-
dum apply to assistance or service animals.
6. Search and Rescue Dogs. We may ask the handler of a search and
rescue dog for proof he or she is a person with a certification issued by
a nationally recognized search and rescue agency before we authorize
a search and rescue dog. If we authorize a search and rescue dog, we
will not charge an animal deposit, additional rent or other fee for any
such dog. Except as provided by applicable law, all other provisions of
this addendum apply to search and rescue dogs.
7. Additional Monthly Rent. Your monthly base rent (as stated in the
Lease) will be increased by $ 30.00
8. Additional Fee. You must also pay a one-time nonrefundable fee
of$ 400.00 to keep the animal in the dwelling unit. The
fee is due when you sign this addendum.
9. Liability Not Limited. The additional monthly rent and additional
security deposit under this Animal Addendum do not limit residents'
liability for property damage, cleaning, deodorization, defleaing, re-
placements, or personal injuries.
10. Description of Animal. You may keep only the animal or animals de-
scribed below. You may not substitute any other animal. Neither you
nor your guests or occupants may bring any other animal —mammal,
reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the
dwelling or apartment community.
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
Animal's name:
TVDP'
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
11. Special Provisions. The following special provisions control over any
conflicting provisions ofthis addendum:
Not pickinv up after pet may result in a
$25 violation fine.
12. Emergency. In an emergency involving an accident or injury to your
animal, we have the right —but not the duty —to take the animal to
the following veterinarian for treatment, at your expense.
Doctor:
Address:
City/State/Zip:
Phone: ( 1
13. Animal Rules. You are responsible for the animal's actions at all times.
You agree to follow these rules:
13.1 Shots and Licenses. The animal at all times must have current
rabies shots and licenses required by law. You must show us evi-
dence ofthe shots and licenses if we ask.
13.2 Disturbances. The animal must not disturb the neighbors or
other residents, regardless of whether the animal is inside or
outside the dwelling.
13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or
service animals, and search and rescue dogs must be house-
broken. All other animals must be caged at all times. No animal
offspring are allowed.
13.4Indoor Waste Areas. Inside, the animal may urinate or defe-
cate only in these designated areas: Litter Box
13.5 Outdoor Waste Areas. Outside, the animal may urinate or def-
ecate only in these designated areas: Desiqnated
Areas
13.6 Tethering. Animals may not be tied to any fixed object any-
where outside the dwelling units, except in fenced yards (if any)
for your exclusive use.
02022 TEXAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK
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13.7 Off -Limit Areas. You must not let an animal —other than an
assistance or service animal —into swimming -pool areas, laun-
dry rooms, offices, clubrooms, other recreational facilities, or
other dwelling units besides your own, except that search and
rescue dogs shall be allowed to use areas of the property ac-
cessible to the general public, such as the leasing office. Cer-
tain service animals in training shall also be allowed to use
those areas when accompanied by an approved trainer.
13.8 Food & Water. Your animal must be fed and given water in-
side the dwelling unit. You may not leave animal food or water
outside the dwelling unit at anytime, except in fenced yards (if
any) for your exclusive use.
13.9 Leash. You must keep the animal on a leash and under your su-
pervision when outside the dwelling or in any private fenced area.
We or our representative may pick up unleashed animals, report
them to the proper authorities, or do both. We'll charge you a rea-
sonable fee for picking up and keeping unleashed animals.
13.10Animal Waste. Unless we have designated a particular area in
your dwelling unit or on the grounds for animal defecation and
urination, you are prohibited from letting an animal defecate or
urinate anywhere on our property and you must take the ani-
mal offour propertyfor that purpose.lfwe allow animal defeca-
tion inside the unit, you must ensure that it's done in a litter box
with a kitty -litter -type mix. If the animal defecates anywhere
on our property (including in a fenced yard for your exclusive
use), you must immediately remove the waste and repair any
damage. In addition to the terms of this addendum, you must
comply with all local ordinances regarding animal defecation.
14. Additional Rules. We may make reasonable changes to the animal
rules from time to time if we distribute a written copy of any changes
to every resident who is allowed to have animals.
15. Violation of Rules. If you, your guest, or any occupant violates any
rule or provision of this addendum (in ourjudgment) and we give you
written notice of the violation, you must remove the animal immedi-
ately and permanently from the prem ices. We also have all other rights
and remedies set forth in the Lease, including eviction and recovering
damages and attorney's fees from you.
16. Complaints About Animal. If we receive a reasonable complaint from
a neighbor or other resident or if we, in our sole discretion, determine
that the animal has disturbed neighbors or other residents, we will
give you written notice and you must immediately and permanently
remove the animal from the premises.
17. Our Removal of an Animal. In some circumstances, we may enter the
dwelling unit and remove the animal within one day after leaving a
written notice in a conspicuous place.
17.1 Causes for Removal. We can remove an animal under this para-
graph if, in our sole judgment, you have:
(A) abandoned the animal;
(B) leftthe animal inthedwelling unitforan extended period of
time without food or water;
(C) failed to care for a sick animal;
(D) violated our animal rules; OR
(E) let the animal defecate or urinate where it's not allowed.
17.2 Removal Process. To remove an animal, we must follow the
procedures in the Lease, and we may turn the animal over to a
humane society or local authority. We'll return the animal to you
upon request if we haven't already turned it over to a humane
society or local authority. We don't have a lien on the animal
for any purpose, but you must pay for reasonable care and ken-
neling charges for the animal. If you don't pick up the animal
within five days after we remove it, it will be considered aban-
doned.
18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear
and tear resulting from an assistance or service animal, you and all co -
residents are jointly and severally liable for the entire amount of any
damage the animal causes, including cleaning, defleaing, or deodor-
izing. This provision applies to all parts of the dwelling unit including
carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and
appliances, as well as landscaping and otheroutside improvements. lf an
'item cannot be satisfactorily cleaned or repaired, you must pay for us
to replace it. Payment for damage, repairs, cleaning, replacements, and
the like are due immediately upon demand. As the owner, you're strictly
liable for the entire amount of any injury that your animal causes to an-
other person or to anyone's property. You indemnify us for all costs of
litigation and attorney's fees resulting from any such injury or damage.
19. Move -Out. Except for reasonable wear and tear resulting from an as-
sistance or service animal, when you move out, you'll pay for deflea-
ing, deodorizing, and shampooing to protect future residents from
possible health hazards, regardless of how long the animal was there.
We —not you —will arrange for these services.
20. Multiple Residents. Each resident who signed the Lease must also
sign this addendum. You, your guests, and any occupants must follow
all animal rules. Each resident is jointly and severally liable for dam-
ages and all other obligations set forth in this addendum, even if the
resident does not own the animal.
21. Dog Park. We may provide an area to be used as a dog park. While
using the park, you will be required to supervise your dog, but may
remove the leash. Leashes must be used while traveling to and from
the park. The park is not supervised or monitored in any way, and you
use the park at your own risk. We are not liable for any injury, damage
or loss which is caused as a result of any problem, defect or malfunc-
tion of the park. We are also not liable for injury, damage or loss to
any person, animal or property caused by any other person or animal,
including, but not limited to, dog bite, trespass, assault or any other
crime. Furthermore, we are not liable for any disruption in the park's
operation or performance. You hereby release us and our agents, con-
tractors, employees and representatives from any liability connected
with the park. You agree to be responsible for any property damage
caused by you, your guests or other occupants to the park. You un-
derstand that participating in any activity at the park carries a risk of
injury, and you are willing to assume this risk. We make no representa-
tions or warranties of any kind regarding the park.
22. General. You acknowledge that no other oral or written agreement
exists regarding animals. Except for any special provisions noted in
paragraph 11 above, our representative has no authority to modify this
addendum or the animal rules except in writing as described under
paragraph 14. This Animal Addendum and the animal rules are consid-
ered part ofthe Lease described above.
23. Animal Restrictions. No animal will be allowed that poses a threat
to any other person. You represent that your animal(s) does not pose
a danger or threat of any kind to any person or property; has not dis-
played vicious, aggressive or dangerous behavior; and has never be-
fore injured you or any other person or animal or caused any dam-
age to your property or another person's property. You affirmatively
represent and warrant that you have never had a claim or lawsuit filed
against you or anyone else for an injury or damage caused by or re-
lated to the animal. You understand and agree that the approval ofthe
animal to live in your apartment is expressly conditioned upon all of
the forgoing being true and ifyou have made any misrepresentation it
is a violation ofthe Lease.
You are legally bound by this document. Please read it carefully.
You are entitled to receive a copy of this Addendum after it is fully
signed. Keep it in a safe place.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owner or Owner's Representative (sign below)
Date signed
TAA Official Statewide Form 22-E, Revised February 2022 Q
Copyright 2022, Texas Apartment Association, Inc.
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
M 13 M 8 8 R
Mold Information and Prevention
Addendum
Please note: We want to maintain a high -quality living environment forour residents. To help achieve this goal,
it is important that we work together to minimize any mold growth in your dwelling. This Addendum contains
important information for you, and responsibilities for both you and us.
1. Addendum. This is an addendum between the Residents and
Owner as described in the Lease for the dwelling described below:
Unit#
at CVIII — CHISHOLM RANCH LLC
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State/Zip where dwelling is located:
If small areas of mold have already accumulated on nonporous
surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood,
or plastic), the Environmental Protection Agency recommends
that you first clean the areas with soap (or detergent) and water
and let the surface dry thoroughly. When the surface is dry —and
within 24 hours ofcleaning—apply a premixed spray -on household
biocide.
Do not clean or apply biocides to visible mold on porous sur-
faces such as sheetrock walls or ceilings or to large areas of visible
mold on nonporous surfaces. Instead, notify us in writing and we
will take appropriate action to complywith Section 92.051 et seq. of
the Texas Property Code, subject to the special exceptions for natu-
ral disasters.
If you fail to comply with this addendum, you can be held respon-
2. About Mold. Mold is found everywhere in our environment, both sible for property damage to the dwelling and any health problems
indoors and outdoors and in both new and old structures. To avoid that may result.
mold growth, it's important to prevent excess moisture buildup
in your dwelling. Promptly notify us in writing about any air-condi-
tioning or heating -system problems and any signs of water leaks,
water infiltration or mold. We will respond in accordance with state
law and the Lease to repair or remedy the situation.
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Owner or Owner's Representative (sign below)
Date signed
Date signed
Date signed
Date signed
Date signed
Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
Date signed
TAA Official Statewide Form 23-FF, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
Security Guidelines for Residents
Tr? XA 5 .AI'h R'i "MI li1'3' •15Sr)c' h' I' t »1 Addendum
2/5/2024 12:40 PM
1. Addendum. This is an addendum to the Lease Contract
("Lease") executed by you, the resident(s), on the dwelling
you have agreed to rent. That dwelling is:
Apt. # at CVIII — CHISHOLM
RANCH LLC
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Security Guidelines. We disclaim any express or implied
warranties ofsecurity. We care about your safety and that of
other occupants and guests. No security system is failsafe.
Even the best system can't prevent crime. Always act as
if security systems don't exist since they are subject to
malfunction, tampering, and human error. The best safety
measures are the ones you perform as a matter of common
sense and habit.
Inform all other occupants in your dwelling, including
any children you may have, about these guidelines. We
recommend that all residents and occupants use common
sense and follow crime prevention tips, such as those listed
below:
• In case of emergency, call 911. Always report emergencies
to authorities first and then contact the management.
• Report any suspicious activity to the police first, and then
follow up with a written notice to us.
• Know your neighbors. Watching out for each other is one
of the best defenses against crime.
Resident or Residents (all sign below)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Always be aware of your surroundings and avoid areas that
are not well -traveled or well -lit.
• Keep your keys handy at all times when walking to your car
or home.
• Do not go inside if you arrive home and find your door
open. Call the police from another location and ask them
to meet you before entering.
• Make sure door locks, window latches and sliding glass
doors are properly secured at all times.
Use the keyless deadbolt on your unit when you are at
home.
• Don't put your name or address on your key ring or hide
extra keys in obvious places, like under a flower pot. If you
lose a key or have concerns about key safety, we will rekey
your locks at your expense, in accordance with paragraph
11 of the Lease.
• Check the door viewer before answering the door. Don't
open the door if you don't know the person or have any
doubts. Children who are old enough to take care of
themselves should never let anyone inside when home
without an adult.
• Regularly check your security devices, smoke alarms and
other detection devices to make sure they are working
properly. Alarm and detection device batteries should be
tested monthly and replaced at least twice a year.
Immediately report in writing (dated and signed) to us any
needed repairs of security devices, doors, windows, smoke
alarms and other detection devices , as well as any other
malfunctioning safety devices on the property, such as
broken access gates, burned out exterior lights, etc.
Owner or Owner's Representative (sign below)
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 15-M, Revised January, 2015
Copyright 2015,Texas Apartment Association, Inc.
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
18=9►�IyZifA[NWLTA
U� Lease Contract Addendum for Units
■ m Participating in Government Regulated
N.
RxAs:,r'AIYI'hll?'I ASSU[::IA'I'][.)N Affordable Housing Programs
Addendum. This is an addendum to the Lease Contract
("Lease") executed by you, the resident(s), on the dwelling
you have agreed to rent. That dwelling is:
Apt. # at CVIII — CHISHOLM
RANCH LLC
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Participation in Government Program. We, as the owner of
thedwellingyou arerenting,are participating in agovernment
regulated affordable housing program.This program requires
both you and us to verify certain information and to agree to
certain provisions contained in this addendum.
3. Accurate Information in Application. Bysigning this adden-
dum, you are certifying that the information provided in the
Rental Application or any Supplemental Rental Application
regarding your household annual income istrue and accurate.
4. Request(s) for Information. By signing this addendum, you
agreethatthe annual income and othereligibility requirements
for participation in this government regulated affordable
housing program are substantial and material obligations
under the Lease. Within seven days after our request, you
agree to comply with our requests for information regard-
ing annual income and eligibility, including requests by the
owner and the appropriate government monitoring agency.
These requeststoyou may be madetoyou nowand anytime
during the Lease term or renewal period.
5. Failureto Answeror Inaccurate Information MayBe Good
Cause Grounds for Eviction. If you refuse to answer or do not
provide accurate information in response to the requests in
Par. 4 above, it may be considered a substantial violation of
the Lease and good cause grounds forterminating and/or not
renewing your Lease and for an eviction. It makes no difference
whetherthe inaccuracyof the information you furnished was
intentional or unintentional.
6. Termination or Non -Renewal of Lease for Housing Tax
Credit (HTC), HOME Program, NHTF Program and Prop-
erties Owned by Public Facility Corporations. Provisions
in Par. 6-6.5 of this Addendum shall apply only to residents
living in a dwelling covered by the HTC, NHTF and HOME
programs or properties owned by a PFC under Texas Local
Government Code. Par. 6-6.5 of this Addendum also override
any contrary provisions contained in the Lease. We will not
evict a resident solely on the basis that the resident is or has
been a victim of domestic violence, sexual assault or stalking,
or has participated, testified or assisted in any matter covered
by the Violence Against Women Act 2022.
6.1 Housing Tax Credit Program. For rental properties par-
ticipating in the HTC program, IRS Revenue Ruling 2004-82
provides that a property owner may not evict a resident
or terminate a tenancy except for good cause. In addition,
for HTC units, we must provide the notice required under
the Lease if evicting during the lease term or if terminat-
ing your residency at the end of an initial or renewal term.
In addition, for HTC units, we must provide written notice
specifying the grounds for eviction during the lease term
or if we terminate your residency at the end of the initial
or renewal term.
6.2 HOME Program. For rental properties participating in the
HOME program, federal regulation 24CFR92.253 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations ofapplicable federal, state or local law,
completion ofthe tenancy period forTransitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons other than good cause are prohibited.
In addition, for HOME program units, the property owner
must provide a resident with at least 30 days written notice
before either seeking an eviction or not renewing a Lease.
The written notice must specify the grounds for eviction
or nonrenewal of the Lease.
6.3 NHTF Program. For rental properties participating in the
NHTF program, federal regulation 24 CFR 93.303 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations ofapplicable federal, state or local law,
completion ofthe tenancy period forTransitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons other than good cause are prohibited.
In addition, for NHTF program units, the property owner
must provide a written notice that specifies the grounds
for eviction or nonrenewal of the Lease.
6.4 Properties Owned by PFCs. For PFC-owned properties,the
owner may only refuse to renew the lease if the resident:
(1) if in material noncompliance with the Lease, including
nonpayment of rent; (2) committed one or more substan-
tial violations of the Lease; (3) failed to provide required
information on income, composition, or eligibility of the
resident's household; or (4) committed repeated minor
violations ofthe Lease that disrupt the livability ofthe prop-
erty, adversely affect the health and safety of any person or
right of quiet enjoyment ofthe lease premises and related
development facilities, interfere with management of the
development or have an adverse financial effect on the
development, including failure of the resident to pay rent
in a timely manner. In addition, we must provide a resident
with at least 30 days written notice of nonrenewal of the
Lease. The owner may not retaliate or take action against
a resident or the resident's guests because the resident
established, attempted to establish or participated in a
resident organization.
6.5 Good Cause. If challenged by a resident, a court may deter-
mine if a property owner has good cause to evict, terminate
a tenancy or not renew the Lease. We must provide a 30-day
written notice before seeking an eviction for nonpayment of
rent. lfthe CARES Adis modified to eliminate the 30-day notice
requirement, HUD or Treasury requirements will supersede
this 30-day notice requirementfor nonpayment of rent. "Good
cause" may include, but is not limited to, nonpayment of rent,
failure to answer or provide accurate information, as required
by Par.4 and 5 of this Addendum, serious or repeated Lease
violations, or breaking the law.
No Lien or Lockout for Unpaid Sums. For rental proper-
ties that are supported by HTC allocations, sec. 2306.6738,
Texas Government Code, prohibits such property owners
from threatening orconducting a lockout unless: allowed by
judicial process; necessarytoperform repairs orconstruction
work; orresponding to an emergency. Personalpropertyofa
residen t m ay not be seized or threatened to be seized except
by judicial process unless the premises has been abandoned
as required by24 CFR 92.253.
TAA Official Statewide Form 23-V, Revised July, 2023
Copyright 2023,Texas Apartment Association, Inc. ,,,_J
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8. Insurance. Insurance is not required but is still strongly recom-
10. Conflict with Governing Law. To the extent that any part of
mended. Though not required, we urge you to get your own
your Lease orthis addendum conflicts with applicable federal,
insurance for losses due to theft, fire, water, pipe leaks, and
state, or local laws or regulations, the law or regulation over -
similar occurrences.
rides that portion of your Lease or this addendum.
9. Student Status.Bysigningthisaddendum,youagreetonotify
the owner, in writing, if there are any changes in the student
status of any residents (including replacement residents)
occupying the unit.
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owner or Owner's Representative (sign below)
Date signed
TAA Official Statewide Form 23-V, Revised July, 2023
Copyright 2023, Texas Apartment Association, Inc.
Document digitally signed using RentCafe eSignature services. Document M: 9155139
2/5/2024 12:40 PM
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
• We O are or M are not aware that the unit you are renting is located in a 100-year floodplain. If
neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not
in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency
Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by
address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance
policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that
would cover losses caused by a flood.
• We O are or ® are not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2), "flooding" means `a general or temporary
condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or
tidal waters; (8) the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river, stream, or drainage ditch; or (C) excessive rainfall."
Signatures of All Residents Signature of Owner or Owner's Representative
Date
Texas Apartment Association
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2/5/2024 12:40 PM
r �I Bed Bug Addendum
Please note: We want to maintain a high -quality living environment for you. It's important to work together to
minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility
and potential liability when it comes to bed bugs.
1. Addendum. This is an addendum between the Residents and
Owner as described in the Lease for the dwelling described below:
Apt.# at CVIII — CHISHOLM
RANCH LLC
(name ofoportments)
or other dwelling located at
(street address of house, duplex, etc.)
(city)
(state) (zip).
2. Purpose. This addendum modifies the Lease Contract to address
any infestation of bed bugs (Cimex lectularius) that might be found
in the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed -bug infestation in the dwelling.
BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-
TATIONS. OR
• YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BEDBUG INFES-
TATION.
4. Access for Inspection and Pest Treatment. You must allow us
and our pest -control agents access to the dwelling at reasonable
times to inspect for or treat bed bugs. We can also inspect and treat
adjacent or neighboring dwellings to the infestation, even if those
dwellings are not the source or cause of the known infestation. Si-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and possessions
treated according to accepted treatment methods by a licensed
pest -control firm that we approve. You agree not to treat the dwell-
ing for a bed -bug infestation on your own.
5. Notification. You must promptly notify us:
of any known or suspected bed -bug infestation or presence
in the dwelling, or in any of your clothing, furniture, or per-
sonal property;
of any recurring or unexplained bites, stings, irritations, or
sores on the skin or body that you believe are caused by bed
bugs, or by any condition or pest you believe is in the dwell-
ing; AND
if you discover any condition or evidence that might indicate
the presence or infestation of bed bugs, or if you receive any
confirmation of bed -bug presence by a licensed pest -control
professional or other authoritative source.
6. Cooperation. Ifwe confirm the presence or infestation of bedbugs,
you must cooperate and coordinate with us and our pest -control
agents to treat and eliminate them. You must follow all directions
from us or our agents to clean and treat the dwelling and building
that are infested. If you don't cooperate with us, you will be in de-
fault and we will have the right to terminate your right of occupancy
and exercise all rights and remedies under the Lease.
7. Responsibilities. You may be required to pay all reasonable costs
of cleaning and pest -control treatments incurred by us to treat your
dwelling unit for bed bugs. If we confirm the presence or infestation
of bed bugs after you move out, you may be responsible for the cost
of cleaning and pest control. If we have to move other residents in
order to treat adjoining or neighboring dwellings to your dwelling
unit, you may have to pay any lost rental income and other expens-
es we incur to relocate the neighboring residents and to clean and
perform pest -control treatments to eradicate infestations in other
dwellings. If you don't pay us for any costs you are liable for, you
will be in default and we will have the right to terminate your right
of occupancy and exercise all rights and remedies under the Lease,
and we may take immediate possession of the dwelling. If you don't
move out after your right of occupancy has been terminated, you
will be liable for holdover rent under the Lease.
8. Transfers. If we allow you to transfer to another dwelling in the com-
munity because of the presence of bed bugs, you must have your
personal property and possessions treated according to accepted
treatment methods or procedures established by a licensed pest -
control professional. You must provide proof of such cleaning and
treatment to our satisfaction.
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Owner or Owner's Representative (sign below)
Date signed
Date signed
Date signed
Date signed
Date signed
Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
Date signed
TAA Official Statewide Form 23-JJ, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
INSURANCE ADDENDUM
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
The terms of this addendum will control if the term of the Lease and this addendum conflict.
2. Required Insurance Policy. In accordance with the Lease, you understand and agree that this addendum requires Resident, at
Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides
limits of liability to third parties in amount not less than $ 100000.00 per occurrence. The liability insurance policy Resident buys
and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier
of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another
entity designated by Owner) as an "Interested Party" or "Party of Interest" that will be notified by the insurer of any cancellation, non -
renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with
the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the
Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it.
3. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed
to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage
that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to
your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants
or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information
on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company,
licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of
Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge
that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by
any insurance company. At all times you have been and remain free to contract for the required insurance with the insurance carrier of
your choosing.
4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or
both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and
maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction
against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $ 35.00
(which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach
of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum
for a one -month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego
pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph
for any subsequent months. The foregoing payments are due on the 1st day of the month following the calendar month (or part thereof)
during which you do not have the required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU
OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES
NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT
RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS
OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy
for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance
coverage.
NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES
NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY
ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY.
I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum]
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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2/5/2024 12:40 PM
LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort worth
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Reason for allocation. When water and wastewater bills are paid 100 percent by the property owner, residents have
no incentive to conserve water. This results in a waste of our state's natural resources and adds to the overhead of the
property —and that usually means higher rents. Allocation of water bills saves money for residents because it encourages
them to conserve water and wastewater. We as owners also have incentive to conserve because we are required by law to
pay a portion of the total water bill(s) for the entire apartment community.
3. Your payment due date. Payment of your allocated water/wastewater bill is due 16 days after the date it is postmarked
or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment
is received no later than the due date. You will pay a late charge of 5 percent of your water/wastewater bill if we don't receive
timely payment. If you are late in paying the water bill, we may not cut off your water; but we may immediately exercise all
other lawful remedies, including eviction —just like late payment of rent.
4. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for water and
wastewater. Instead, you will be receiving a separate bill from us each month for such utilities. We may include this item as
a separate and distinct charge as part of a multi -item bill. We will allocate the monthly mastermeter water/wastewater bill(s)
for the apartment community, based on an allocation method approved by the Public Utility Commission of Texas (PUC) and
described below.
The allocation method that we will use in calculating your bill is noted below and described in the following subdivision of
Section 24.281 of the PUC rules (check only one):
❑ subdivision (i) actual occupancy;
❑ subdivision (ii) ratio occupancy (PUC average for number of occupants in unit);
❑ subdivision (iii)average occupancy (PUC average for number of bedrooms in unit);
x❑ subdivision (iv)combination of actual occupancy and square feet of the apartment; or
❑ subdivision (v) submetered hot/cold water, ratio to total.
The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about
the 20 day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by
allocated billings.
s. Common area deduction. We will calculate your allocated share of the mastermetered water/wastewater bill according
to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area
uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges
so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the
total mastermeter water/wastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be
included in the bill except your unpaid balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility
company on time and incur penalties or interest, no portion of such amounts will be included in your bill.
6. Change of allocation formula. The above allocation formula for determining your share of the mastermetered water/
wastewater bill cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice
of the new formula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed
mutual agreement.
z. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in
the previous calendar year was $ 40.55 per unit, varying from $ 19.19 to $ 138.28 for the lowest
to highest month's bills for any unit in the apartment community for this period, if such information is available. The above
amounts do not reflect future changes in utility company water rates, weather variations, total water consumption, residents'
water consumption habits, etc.
8. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills from
the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC
rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will
be between you and us.
9. PUC. Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those
rules.
10.Conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your apartment no later
than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In
accordance with PUC rules, a copy of the applicable rules is provided to you below:
SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION
§ 24.275. General Rules and Definitions
(a) Purpose and scope. The provisions of this subchapter are intended to
establish a comprehensive regulatory system to assure that the practices
involving submetered and allocated billing of dwelling units and multiple use
facilities for water and sewer utility service are just and reasonable and
include appropriate safeguards for tenants.
(b) Application. The provisions of this subchapter apply to apartment houses,
condominiums, multiple use facilities, and manufactured home rental
communities billing for water and wastewater utility service on a submetered
or allocated basis. The provisions of this subchapter do not limit the authority
of an owner, operator, or manager of an apartment house, manufactured
home rental community, or multiple use facility to charge, bill for, or collect
rent, an assessment, an administrative fee, a fee relating to upkeep or
management of chilled water, boiler, heating, ventilation, air conditioning, or
other building system, or any other amount that is unrelated to water and
sewer utility service costs.
(c) Definitions. The following words and terms, when used in this subchapter,
have the defined meanings, unless the context clearly indicates otherwise.
(1) Allocated utility service --Water or wastewater utility service that is
master metered to an owner by a retail public utility and allocated to tenants
by the owner.
(2) Apartment house --A building or buildings containing five or more
dwelling units that are occupied primarily for nontransient use, including a
residential condominium whether rented or owner occupied, and if a
dwelling unit is rented, having rent paid at intervals of one month or more.
(3) Condominium manager --A condominium unit owners' association
organized under Texas Property Code §82.101, or an incorporated or
unincorporated entity comprising the council of owners under Chapter 81,
Property Code. Condominium Manager and Manager of a Condominium
have the same meaning.
(4) Customer service charge --A customer service charge is a rate that is
not dependent on the amount of water used through the master meter.
(5) Dwelling unit --One or more rooms in an apartment house or
condominium, suitable for occupancy as a residence, and containing
kitchen and bathroom facilities; a unit in a multiple use facility; or a
manufactured home in a manufactured home rental community.
(6) Dwelling unit base charge --A flat rate or fee charged by a retail public
utility for each dwelling unit recorded by the retail public utility.
(7) Manufactured home rental community --A property on which spaces are
rented for the occupancy of manufactured homes for nontransient
residential use and for which rental is paid at intervals of one month or
longer.
(8) Master meter --A meter used to measure, for billing purposes, all water
usage of an apartment house, condominium, multiple use facility, or
manufactured home rental community, including common areas, common
facilities, and dwelling units.
(9) Multiple use facility --A commercial or industrial park, office complex, or
marina with five or more units that are occupied primarily for nontransient
use and are rented at intervals of one month or longer.
(10) Occupant --A tenant or other person authorized under a written
agreement to occupy a dwelling.
(11) Overcharge —The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit after a violation occurred relating to the assessment of a portion of
utility costs in excess of the amount the tenant would have been charged
under this subchapter. Overcharge and Overbilling have the same
meaning.
(12) Owner --The legal titleholder of an apartment house, a manufactured
home rental community, or a multiple use facility; and any individual, firm,
or corporation expressly identified in the lease agreement as the landlord
of tenants in the apartment house, manufactured home rental community,
or multiple use facility. The term does not include the manager of an
apartment home unless the manager is expressly identified as the landlord
in the lease agreement.
(13) Point -of -use submeter--A device located in a plumbing system to
measure the amount of water used at a specific point of use, fixture, or
appliance, including a sink, toilet, bathtub, or clothes washer.
(14) Submetered utility service --Water utility service that is master metered
for the owner by the retail public utility and individually metered by the
owner at each dwelling unit; wastewater utility service based on
submetered water utility service; water utility service measured by point -of -
use submeters when all of the water used in a dwelling unit is measured
and totaled; or wastewater utility service based on total water use as
measured by point -of -use submeters.
(15) Tenant --A person who owns or is entitled to occupy a dwelling unit or
multiple use facility unit to the exclusion of others and, if rent is paid, who
is obligated to pay for the occupancy under a written or oral rental
agreement.
(16) Undercharge --The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit less than the amount the tenant would have been charged under this
subchapter. Undercharge and Underbilling have the same meaning.
(17) Utility costs --Any amount charged to the owner by a retail public utility
for water or wastewater service. Utility Costs and Utility Service Costs have
the same meaning.
(18) Utility service --For purposes of this subchapter, utility service includes
only drinking water and wastewater.
§ 24.277. Owner Registration and Records
(a) Registration. An owner who intends to bill tenants for submetered or
allocated utility service or who changes the method used to bill tenants for
utility service shall register with the commission in a form prescribed by the
commission.
(b) Water quantity measurement. Except as provided by subsections (c) and
(d) of this section, a manager of a condominium or the owner of an apartment
house, manufactured home rental community, or multiple use facility, on
which construction began after January 1, 2003, shall provide for the
measurement of the quantity of water, if any, consumed by the occupants of
each unit through the installation of:
(1) submeters, owned by the property owner or manager, for each dwelling
unit or rental unit; or
(2) individual meters, owned by the retail public utility, for each dwelling
unit or rental unit.
(c) Plumbing system requirement. An owner of an apartment house on which
construction began after January 1, 2003, and that provides government
assisted or subsidized rental housing to low orvery low income residents shall
install a plumbing system in the apartment house that is compatible with the
installation of submeters for the measurement of the quantity of water, if any,
consumed by the occupants of each unit.
(d) Installation of individual meters. On the request by the property owner or
manager, a retail public utility shall install individual meters owned by the
utility in an apartment house, manufactured home rental community, multiple
use facility, or condominium on which construction began after January 1,
2003, unless the retail public utility determines that installation of meters is
not feasible. If the retail public utility determines that installation of meters is
not feasible, the property owner or manager shall install a plumbing system
that is compatible with the installation of submeters or individual meters. A
retail public utility may charge reasonable costs to install individual meters.
(a) Records. The owner shall make the following records available for
inspection by the tenant or the commission or commission staff at the on -site
manager's office during normal business hours in accordance with subsection
(g) of this section. The owner may require that the request by the tenant be
in writing and include:
(1) a current and complete copy of TWC, Chapter 13, Subchapter M;
(2) a current and complete copy of this subchapter;
(3) a current copy of the retail public utility's rate structure applicable to the
owner's bill;
(4) information or tips on how tenants can reduce water usage;
(5) the bills from the retail public utility to the owner;
(6) for allocated billing:
(A) the formula, occupancy factors, if any, and percentages used to
calculate tenant bills;
(B) the total number of occupants or equivalent occupants if an
equivalency factor is used under §24.281(e)(2) of this title (relating to
Charges and Calculations); and
(C) the square footage of the tenant's dwelling unit or rental space and
the total square footage of the apartment house, manufactured home
rental community, or multiple use facility used for billing if dwelling unit
size or rental space is used;
(7) for submetered billing:
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(A) the calculation of the average cost per gallon, liter, or cubic foot;
(B) if the unit of measure of the submeters or point -of -use submeters
differs from the unit of measure of the master meter, a chart for
converting the tenant's submeter measurement to that used by the retail
public utility;
(C) all submeter readings; and
(D) all submeter test results;
(8) the total amount billed to all tenants each month;
(9) total revenues collected from the tenants each month to pay for water
and wastewater service; and
(10) any other information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (a) of
this section shall be maintained for the current year and the previous calendar
year, except that all submeter test results shall be maintained until the
submeter is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (e) of this section are
maintained at the on -site manager's office, the owner shall make the
records available for inspection at the on -site manager's office within three
days after receiving a written request.
(2) If the records required under subsection (a) of this section are not
routinely maintained at the on -site manager's office, the owner shall
provide copies of the records to the on -site manager within 15 days of
receiving a written request from a tenant or the commission or commission
staff.
(3) If there is no on -site manager, the owner shall make copies of the
records available at the tenant's dwelling unit at a time agreed upon by the
tenant within 30 days of the owner receiving a written request from the
tenant.
(4) Copies of the records may be provided by mail if postmarked by
midnight of the last day specified in paragraph (1), (2), or (3) of this
subsection.
§ 24.279. Rental Agreement
(a) Rental agreement content. The rental agreement between the owner and
tenant shall clearly state in writing:
(1) the tenant will be billed by the owner for submetered or allocated utility
services, whichever is applicable;
(2) which utility services will be included in the bill issued by the owner;
(3) any disputes relating to the computation of the tenant's bill or the
accuracy of any submetering device will be between the tenant and the
owner;
(4) the average monthly bill for all dwelling units in the previous calendar
year and the highest and lowest month's bills for that period;
(5) if not submetered, a clear description of the formula used to allocate
utility services;
(6) information regarding billing such as meter reading dates, billing dates,
and due dates;
(7) the period of time by which owner will repair leaks in the tenant's unit
and in common areas, if common areas are not submetered;
(8) the tenant has the right to receive information from the owner to verify
the utility bill; and
(9) for manufactured home rental communities and apartment houses, the
service charge percentage permitted under §24.281(d)(3) of this title
(relating to Charges and Calculations) that will be billed to tenants.
(b) Requirement to provide rules. At the time a rental agreement is discussed,
the owner shall provide a copy of this subchapter or a copy of the rules to the
tenant to inform the tenant of his rights and the owner's responsibilities under
this subchapter.
(c) Tenant agreement to billing method changes. An owner shall not change
the method by which a tenant is billed unless the tenant has agreed to the
change by signing a lease or other written agreement. The owner shall
provide notice of the proposed change at least 35 days prior to implementing
the new method.
(d) Change from submetered to allocated billing. An owner shall not change
from submetered billing to allocated billing, except after receiving written
approval from the commission after a demonstration of good cause and if the
rental agreement requirements under subsections (a), (b), and (c) of this
section have been met. Good cause may include:
(1) equipment failures; or
(2) meter reading or billing problems that could not feasibly be corrected.
(a) Waiver of tenant rights prohibited. A rental agreement provision that
purports to waive a tenant's rights or an owner's responsibilities under this
subchapter is void.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to tenants for submetered or allocated
utility service may only include bills for water or wastewater from the retail
public utility and must not include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retail public utilitys rate structure includes
a dwelling unit base charge, the owner shall bill each dwelling unit for the
base charge applicable to that unit. The owner may not bill tenants for any
dwelling unit base charges applicable to unoccupied dwelling units.
(c) Customer service charge. If the retail public utility's rate structure includes
a customer service charge, the owner shall bill each dwelling unit the amount
of the customer service charge divided by the total number of dwelling units,
including vacant units, that can receive service through the master meter
serving the tenants.
(d) Calculations for submetered utility service. The tenant's submetered
charges must include the dwelling unit base charge and customer service
charge, if applicable, and the gallonage charge and must be calculated each
month as follows:
(1) water utility service: the retail public utility's total monthly charges for
water service (less dwelling unit base charges or customer service
charges, if applicable), divided by the total monthly water consumption
measured by the retail public utility to obtain an average water cost per
gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption
or the volumetric rate charged by the retail public utility to the owner
multiplied by the tenant's monthly water consumption;
(2) wastewater utility service: the retail public utility's total monthly charges
for wastewater service (less dwelling unit base charges or customer
service charges, if applicable), divided by the total monthly water
consumption measured by the retail public utility, multiplied by the tenant's
monthly consumption or the volumetric wastewater rate charged by the
retail public utility to the owner multiplied by the tenant's monthly water
consumption;
(3) service charge for manufactured home rental community or the owner
or manager of apartment house: a manufactured home rental community
or apartment house may charge a service charge in an amount not to
exceed 9 % of the tenant's charge for submetered water and wastewater
service, except when;
(A) the resident resides in a unit of an apartment house that has received
an allocation of low income housing tax credits under Texas
Government Code, Chapter 2306, Subchapter DID; or
(B) the apartment resident receives tenant -based voucher assistance
under United States Housing Act of 1937 Section 8, (42 United States
Code, §1437f); and
(4) final bill on move -out for submetered service: if a tenant moves out
during a billing period, the owner may calculate a final bill for the tenant
before the owner receives the bill for that period from the retail public utility.
If the owner is billing using the average water or wastewater cost per
gallon, liter, or cubic foot as described in paragraph (1) of this subsection,
the owner may calculate the tenant's bill by calculating the tenant's average
volumetric rate for the last three months and multiplying that average
volumetric rate by the tenant's consumption for the billing period.
(a) Calculations for allocated utility service.
(1) Before an owner may allocate the retail public utility's master meter bill
for water and sewer service to the tenants, the owner shall first deduct:
(A) dwelling unit base charges or customer service charge, if applicable;
and
(B) common area usage such as installed landscape irrigation systems,
pools, and laundry rooms, if any, as follows:
(i) if all common areas are separately metered or submetered, deduct
the actual common area usage;
(ii) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is an installed landscape irrigation system,
deduct at least 25 % of the retail public utility's master meter bill;
(iii) if all water used for an installed landscape irrigation system is
metered or submetered and there are other common areas such as
pools or laundry rooms that are not metered or submetered, deduct
at least 5 % of the retail public utility's master meter bill; or
(iv) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
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submetered and there is no installed landscape irrigation system,
deduct at least 5 % of the retail public utility's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) the number of occupants in the tenant's dwelling unit divided by the
total number of occupants in all dwelling units at the beginning of the
month for which bills are being rendered; or
(ii) the number of occupants in the tenant's dwelling unit using a ratio
occupancy formula divided by the total number of occupants in all
dwelling units at the beginning of the retail public utility's billing period
using the same ratio occupancy formula to determine the total. The
ratio occupancy formula will reflect what the owner believes more
accurately represents the water use in units that are occupied by
multiple tenants. The ratio occupancy formula that is used must
assign a fractional portion per tenant of no less than that on the
following scale:
(1) dwelling unit with one occupant = 1;
(II) dwelling unit with two occupants = 1.6;
(111) dwelling unit with three occupants = 2.2; or
(IV) dwelling unit with more than three occupants = 2.2 + 0.4 per
each additional occupant over three; or
(iii) the average number of occupants per bedroom, which shall be
determined by the following occupancy formula. The formula must
calculate the average number of occupants in all dwelling units based
on the number of bedrooms in the dwelling unit according to the scale
below, notwithstanding the actual number of occupants in each of the
dwelling unit's bedrooms or all dwelling units:
(1) dwelling unit with an efficiency = 1;
(II) dwelling unit with one bedroom = 1.6;
(III) dwelling unit with two bedrooms = 2.8;
(IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional
bedroom; or
(iv) a factor using a combination of square footage and occupancy in
which no more than 50% is based on square footage. The square
footage portion must be based on the total square footage living area
of the dwelling unit as a percentage of the total square footage living
area of all dwelling units of the apartment house; or
(v) the individually submetered hot or cold water usage of the tenant's
dwelling unit divided by all submetered hot or cold water usage in all
dwelling units;
(B) a condominium manager shall multiply the amount established in
paragraph (1) of this subsection by any of the factors under
subparagraph (A) of this paragraph or may follow the methods outlined
in the condominium contract;
(C) for a manufactured home rental community, the owner shall multiply
the amount established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the area of the individual rental space divided by the total area of
all rental spaces; and
(D) for a multiple use facility, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the square footage of the rental space divided by the total square
footage of all rental spaces.
(3) If a tenant moves in or out during a billing period, the owner may
calculate a bill for the tenant. If the tenant moves in during a billing period,
the owner shall prorate the bill by calculating a bill as if the tenant were
there for the whole month and then charging the tenant for only the number
of days the tenant lived in the unit divided by the number of days in the
month multiplied by the calculated bill. If a tenant moves out during a billing
period before the owner receives the bill for that period from the retail public
utility, the owner may calculate a final bill. The owner may calculate the
tenant's bill by calculating the tenant's average bill for the last three months
and multiplying that average bill by the number of days the tenant was in
the unit divided by the number of days in that month.
(f) Conversion to approved allocation method. An owner using an allocation
formula other than those approved in subsection (a) of this section shall
immediately provide notice as required under §24.279(c) of this title (relating
to Rental Agreement) and either:
(1) adopt one of the methods in subsection (a) of this section; or
(2) install submeters and begin billing on a submetered basis; or
(3) discontinue billing for utility services.
§ 24.283. Billing
(a) Monthly billing of total charges. The owner shall bill the tenant each month
for the total charges calculated under §24.281 of this title (relating to Charges
and Calculations). If it is permitted in the rental agreement, an occupant or
occupants who are not residing in the rental unit for a period longer than 30
days may be excluded from the occupancy calculation and from paying a
water and sewer bill for that period.
(b) Rendering bill.
(1) Allocated bills shall be rendered as promptly as possible afterthe owner
receives the retail public utility bill.
(2) Submeter bills shall be rendered as promptly as possible after the
owner receives the retail public utility bill or according to the time schedule
in the rental agreement if the owner is billing using the retail public utility's
rate.
(c) Submeter reading schedule. Submeters or point -of -use submeters shall
be read within three days of the scheduled reading date of the retail public
utility's master meter or according to the schedule in the rental agreement if
the owner is billing using the retail public utility's rate.
(d) Billing period.
(1) Allocated bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period.
(2) Submeter bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period. If the owner uses the retail public utility's actual rate, the
billing period may be an alternate billing period specified in the rental
agreement.
(a) Multi -item bill. If issued on a multi -item bill, charges for submetered or
allocated utility service must be separate and distinct from any other charges
on the bill.
(0 Information on bill. The bill must clearly state that the utility service is
submetered or allocated, as applicable, and must include all of the following:
(1) total amount due for submetered or allocated water;
(2) total amount due for submetered or allocated wastewater;
(3) total amount due for dwelling unit base charge(s) or customer service
charge(s) or both, if applicable;
(4) total amount due for water or wastewater usage, if applicable;
(5) the name of the retail public utility and a statement that the bill is not
from the retail public utility;
(6) name and address of the tenant to whom the bill is applicable;
(7) name of the firm rendering the bill and the name or title, address, and
telephone number of the firm or person to be contacted in case of a billing
dispute; and
(8) name, address, and telephone number of the party to whom payment
is to be made.
(g) Information on submetered service. In addition to the information required
in subsection (f) of this section, a bill for submetered service must include all
of the following:
(1) the total number of gallons, liters, or cubic feet submetered or measured
by point -of -use submeters;
(2) the cost per gallon, liter, or cubic foot for each service provided; and
(3) total amount due for a service charge charged by an owner of a
manufactured home rental community, if applicable.
(h) Due date. The due date on the bill may not be less than 16 days after it is
mailed or hand delivered to the tenant, unless the due date falls on a federal
holiday or weekend, in which case the following work day will be the due date.
The owner shall record the date the bill is mailed or hand delivered. A
payment is delinquent if not received by the due date.
(i) Estimated bill. An estimated bill may be rendered if a master meter,
submeter, or point -of -use submeter has been tampered with, cannot be read,
or is out of order; and in such case, the bill must be distinctly marked as an
estimate and the subsequent bill must reflect an adjustment for actual
charges.
Q) Payment by tenant. Unless utility bills are paid to a third -party billing
company on behalf of the owner, or unless clearly designated by the tenant,
payment must be applied first to rent and then to utilities.
(k) Overbilling and underbilling. If a bill is issued and subsequently found to
be in error, the owner shall calculate a billing adjustment. If the tenant is due
a refund, an adjustment must be calculated for all of that tenant's bills that
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included overcharges. If the overbilling or underbilling affects all tenants, an
adjustment must be calculated for all of the tenants' bills. If the tenant was
undercharged, and the cause was not due to submeter or point -of -use
submeter error, the owner may calculate an adjustment for bills issued in the
previous six months. If the total undercharge is $25 or more, the owner shall
offer the tenant a deferred payment plan option, for the same length of time
as that of the underbilling. Adjustments for usage by a previous tenant may
not be back billed to a current tenant.
(1) Disputed bills. In the event of a dispute between a tenant and an owner
regarding any bill, the owner shall investigate the matter and report the results
of the investigation to the tenant in writing. The investigation and report must
be completed within 30 days from the date the tenant gives written notification
of the dispute to the owner.
(m) Late fee. A one-time penalty not to exceed 5% may be applied to
delinquent accounts. If such a penalty is applied, the bill must indicate the
amount due if the late penalty is incurred. No late penalty may be applied
unless agreed to by the tenant in a written lease that states the percentage
amount of such late penalty.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction for violations under
this subchapter.
(b) Complaints. If an apartment house owner, condominium manager,
manufactured home rental community owner, or other multiple use facility
owner violates a commission rule regarding utility costs, the person claiming
the violation may file a complaint with the commission and may appear
remotely for a hearing.
§ 24.287. Submeters or Point -of -Use Submeters and Plumbing Fixtures
(a) Submeters or point -of -use submeters.
(1) Same type submeters or point -of -use submeters required. All
submeters or point -of -use submeters throughout a property must use the
same unit of measurement, such as gallon, liter, or cubic foot.
(2) Installation by owner. The owner shall be responsible for providing,
installing, and maintaining all submeters or point -of -use submeters
necessary for the measurement of water to tenants and to common areas,
if applicable.
(3) Submeter or point -of -use submeter tests prior to installation. No
submeter or point -of -use submeter may be placed in service unless its
accuracy has been established. If any submeter or point -of -use submeter
is removed from service, it must be property tested and calibrated before
being placed in service again.
(4) Accuracy requirements for submeters and point -of -use submeters.
Submeters must be calibrated as close as possible to the condition of zero
error and within the accuracy standards established by the American Water
Works Association (AWWA) for water meters. Point -of -use submeters
must be calibrated as closely as possible to the condition of zero error and
within the accuracy standards established by the American Society of
Mechanical Engineers (ASME) for point -of -use and branch -water
submetering systems.
(5) Location of submeters and point -of -use submeters. Submeters and
point -of -use submeters must be installed in accordance with applicable
plumbing codes and AWWA standards for water meters or ASME
standards for point -of -use submeters, and must be readily accessible to
the tenant and to the owner for testing and inspection where such activities
will cause minimum interference and inconvenience to the tenant.
(6) Submeter and point -of -use submeter records. The owner shall maintain
a record on each submeter or point -of -use submeter which includes:
(A) an identifying number;
(B) the installation date (and removal date, if applicable);
(C) date(s) the submeter or point -of -use submeter was calibrated or
tested;
(D) copies of all tests; and
(E) the current location of the submeter or point -of -use submeter.
(7) Submeter or point -of -use submeter test on request of tenant. Upon
receiving a written request from the tenant, the owner shall either:
(A) provide evidence, at no charge to the tenant, that the submeter or
point -of -use submeter was calibrated or tested within the preceding 24
months and determined to be within the accuracy standards established
by the AWWA for water meters or ASME standards for point -of -use
submeters; or
(B) have the submeter or point -of -use submeter removed and tested and
promptly advise the tenant of the test results.
(8) Billing for submeter or point -of -use submeter test.
(A) The owner may not bill the tenant for testing costs if the submeter
fails to meet AWWA accuracy standards for water meters or ASME
standards for point -of -use submeters.
(B) The owner may not bill the tenant for testing costs if there is no
evidence that the submeter or point -of -use submeter was calibrated or
tested within the preceding 24 months.
(C) The owner may bill the tenant for actual testing costs (not to exceed
$25) if the submeter meets AWWA accuracy standards or the point -of -
use submeter meets ASME accuracy standards and evidence as
described in paragraph (7)(A) of this subsection was provided to the
tenant.
(9) Bill adjustment due to submeter or point -of -use submeter error. If a
submeter does not meet AWWA accuracy standards or a point -of -use
submeter does not meet ASME accuracy standards and the tenant was
overbilled, an adjusted bill must be rendered in accordance with §24.283(k)
of this title (relating to Billing). The owner may not charge the tenant for
any underbilling that occurred because the submeter or point -of -use
submeter was in error.
(10) Submeter or point -of -use submeter testing facilities and equipment.
For submeters, an owner shall comply with the AWWA's meter testing
requirements. For point -of -use meters, an owner shall comply with ASME's
meter testing requirements.
(b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium may implement a program to bill tenants for
submetered or allocated water service, the owner or manager shall adhere to
the following standards:
(1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets,
faucet aerators, and showerheads;
(2) perform a water leak audit of each dwelling unit or rental unit and each
common area and repair any leaks found; and
(3) not later than the first anniversary of the date an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium begins to bill for submetered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.5 gallons per
flush; and
(B) install toilets that meet the standards prescribed by Texas Health
and Safety Code,§372.002.
(c) Plumbing fixture not applicable. Subsection (b) of this section does not
apply to a manufactured home rental community owner who does not own
the manufactured homes located on the property of the manufactured home
rental community.
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LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA
Under a Federal Communications Commission (FCC) order, you as our resident have a right to install a transmitting or receiving satellite dish
or antenna on the leased premises, subject to FCC limitations. We as a rental housing owner are allowed to impose reasonable restrictions
relating to such installation. You are required to comply with these restrictions as a condition of installing such equipment. This addendum
contains the restrictions that you and we agree to follow.
1. Addendum. This is an addendum to the lease between you and us for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas OR
the house, duplex, etc. located at (street address)
, Texas.
2. Number and size. You may install 1 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed
one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited.
3. Location. Your satellite dish or antenna must be located: (1) inside your dwelling; or (2) in an area outside your dwelling such as a
balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior
wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not
protrude beyond the vertical and horizontal space that is leased to you for your exclusive use.
4. Safety and non-interference. Your installation: (1) must comply with all applicable ordinances and laws and all reasonable safety
standards; (2) may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be
connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110-volt
duplex receptacle. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods:
(1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that
lies within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods
are allowed. We may require reasonable screening of the satellite dish or antenna by plants, etc., so long as it does not impair reception.
S. Signal transmission from exterior dish or antenna to interior of dwelling. Under the FCC order, you may not damage or alter
the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. If your satellite dish or antenna is installed
outside your dwelling (on a balcony, patio, etc.), the signals received by it may be transmitted to the interior of your dwelling only by the
following methods: (1) running a "flat" cable under a door jam or windowsill in a manner that does not physically alter the premises and
does not interfere with proper operation of the door or window; (2) running a traditional or flat cable through a pre-existing hole in the wall
(that will not need to be enlarged to accommodate the cable); (3) connecting cables "through a window pane," similar to how an external
car antenna for a cellular phone can be connected to inside wiring by a device glued to either side of the window —without drilling a hole
through the window; (4) wireless transmission of the signal from the satellite dish or antenna to a device inside the dwelling; or (5) any
other method approved by us in writing.
6. Safety in installation. In order to assure safety, the strength and type of materials used for installation must be approved by us.
Installation must be done by a qualified person or company approved by us. Our approval will not be unreasonably withheld. An installer
provided by the seller of the satellite dish or antenna is presumed to be qualified.
T. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment.
8. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling.
In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence,
carelessness, accident. or abuse which may be reasonably necessary to restore the leased premises to its condition prior to the installation
of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear.
9. Liability insurance and indemnity. You must take full responsibility for the satellite dish, antenna, and related equipment. If the dish
or antenna is installed at a height or in some other way that could result in injury to others if it becomes unattached and falls, you must
provide us with evidence of liability insurance to protect us against claims of personal injury and property damage to others, related to your
satellite dish, antenna, and related equipment. The insurance coverage must be $ 100000.00 , which is an amount reasonably
determined by us to accomplish that purpose. Factors affecting the amount of insurance include height of installation above ground level,
potential wind velocities, risk of the dish/antenna becoming unattached and falling on someone, etc. You agree to hold us harmless and
indemnify us against any of the above claims by others.
10. Security deposit. Your security deposit (in your Lease Contract) is increased by an additional reasonable sum of $ 150.00
❑ effective at time of installation or M effective within 1 days of installation to help protect us against possible repair costs,
damages, or failure to remove the satellite dish, antenna and related equipment at time of move -out. Factors affecting any security
deposit may vary, depending on: (1) how the dish or antenna is attached (nails, screws, lag bolts drilled into walls); (2) whether holes
were permitted to be drilled through walls for the cable between the satellite dish and the TV; and (3) the difficulty and cost of repair or
restoration after removal, etc. A security deposit increase does not imply a right to drill into or alter the leased premises.
11. When you may begin installation. You may start installation of your satellite dish, antenna, or related equipment only after you have:
(1) signed this addendum; (2) provided us with written evidence of the liability insurance referred to in paragraph 9 of this addendum;
(3) paid us the additional security deposit, if applicable, in paragraph 10; and (4) received our written approval, which may not be
unreasonably withheld, of the installation materials and the person or company that will do the installation.
12. Miscellaneous. If additional satellite dishes or antennas are desired, an additional lease addendum must be executed
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
f►aNyf►4IyZ 0 f Pa [ N W dl
LEASE ADDENDUM FOR ENCLOSED GARAGE, CARPORT, OR STORAGE UNIT
1. Addendum. This is an addendum to the lease between you and us for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Apartments in Fort worth
Texas OR
the house, duplex, etc. located at (street address)
Texas.
2. Garage, carport, or storage unit. You are entitled to exclusive possession of: (check as applicable)
❑ garage or carport attached to the dwelling;
❑ garage space number(s)
M carport space number(s)
; and/or
❑ storage unit number(s)
The monthly Rent in the lease covers both the dwelling and the checked area(s) above. All terms and conditions of the lease apply to
the above areas unless modified by this addendum.
3. Use restrictions. Garage or carport may be used only for storage of operable motor vehicles unless otherwise stated in our rules
or community policies. Storage units may be used only for storage of personal property. No one may sleep, cook, barbeque, or live
in a garage, carport, or storage unit. Persons not listed as a resident or occupant in the lease may not use the areas covered by this
addendum. No plants may be grown in such areas.
4. No dangerous items. In our sole judgment, items that pose an environmental hazard or a risk to the safety or health of other residents,
occupants, or neighbors, or that violate any government regulation, may not be stored in the areas covered by this addendum. Prohibited
items include fuel (other than in a properly capped fuel tank of a vehicle or a closed briquette lighter fluid container), fireworks, rags, piles
of paper, or other material that may create a fire or environmental hazard. We may remove from such areas, without prior notice, items
that we believe might constitute a fire or environmental hazard. Because of carbon monoxide risks, you may not run the motor of a vehicle
inside a garage unless the garage door is open to allow fumes to escape.
S. No smoke, fire, or carbon monoxide detectors. Smoke, fire, or carbon monoxide detectors will be furnished by us if required by
law. We may choose to provide a detection device not required by law by separate addendum.
6. Garage door opener. If an enclosed garage is furnished, you ❑ will or M will not be provided with a M garage door opener and/or
M garage key. You will be responsible for maintenance of any garage door opener, including battery replacement. Transmitter frequency
settings may not be changed on the garage door or opener without our prior written consent. At the time of termination of the lease, the
total number of garage door opener(s) and/or garage key(s) that you were assigned must be returned to us. Failure to return such opener
and/or key will result in a charge of $ , which will be deducted from your security deposit.
T. Security. We will not have any security responsibilities for areas covered by this addendum. Always remember to lock any door of a
garage or storage unit and any door between a garage and the dwelling. When leaving, be sure to lock all keyed deadbolt locks.
8. Insurance and loss/damage to your property. Any area covered by this addendum is accepted by you "as is." You will maintain
liability and comprehensive insurance coverage for any vehicle parked or stored. We will have no responsibility for loss or damage to
vehicles or other property parked or stored in a garage, carport, or storage unit, whether caused by accident, fire, theft, water,
vandalism, pests, mysterious disappearance, or otherwise. We are not responsible for pest control in such areas.
9. Compliance. We may periodically open and enter garages and storerooms to ensure compliance with this addendum. In that event,
written notice of such opening and entry will be left inside the main entry door of your dwelling or inside the door between the garage and
your dwelling.
10. No lock changes, alterations, or improvements. Without our prior written consent, locks on doors of garages and storage units
may not be rekeyed, added, or changed, and improvements, alterations, or electrical extensions or changes to the interior or exterior of
such areas are not allowed. You may not place nails, screws, bolts, or hooks into walls, ceilings, floors, or doors. Any damage not caused
by us or our representatives to areas covered by this addendum will be paid for by you.
11. Move -out and remedies. Any items remaining after you have vacated the dwelling will be removed, sold, or otherwise disposed of
according to the lease and our Community Policies. All remedies in the lease apply to areas covered by this addendum. Upon ending of
the initial term, month -to -month period, or any renewal of the lease, your failure to return any garage door opener or other remote control
device will result in a charge against you.
12. Special Provisions.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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2/5/2024 12:40 PM
LEASE ADDENDUM FOR ALLOCATING NATURAL GAS COSTS
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort worth
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Reason for allocation. When natural gas bills are paid by the property owner, residents have no incentive to conserve
gas and heat. This results in a waste of our state's natural resources and adds to the overhead of the property —and that
usually means higher rents. On the other hand, allocation of gas raises everyone's awareness of the need to conserve gas
and heat and to pay attention to the thermostat and heat loss through open doors or windows. It should therefore minimize
the necessity for rent increases to cover wasteful practices of other residents regarding heating and gas consumption.
3. Your payment due date. Payment of your allocated gas bill is due 16 days after the date it is postmarked or hand delivered
to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later
than the due date. You will pay a late charge of $ (not to exceed $3) if we do not receive timely payment. If
you are late in paying the gas bill, we may not cut off your gas; but we may immediately exercise all other lawful remedies,
including eviction just like late payment of rent.
4. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for natural gas.
Instead, you will be receiving a separate bill from us each month for gas. We may include this item as a separate and distinct
charge as part of a multi -item bill.
You agree to and we will allocate the monthly gas bill for the apartment community based on the allocation method checked
below.
❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your
unit's square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units.)
x❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
❑ Other formula
S. Common area deduction. Only the total mastermeter gas bill will be allocated. Before the bill is allocated, a deduction
Of 1 percent will be made to cover estimated gas consumption in any common areas, such as: (1) gas dryers and
room heating in laundry rooms; or (2) hot water heating for pools, spas or laundry rooms. Penalties or interest for any late
payment of the mastermeter gas bill by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ 1.50 per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
6. Change of allocation formula. The above allocation formula for determining your share of the natural gas bill cannot be
changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree
to the change in a signed lease renewal or signed mutual agreement.
Z. Right to examine records. You may examine our gas bills from the utility company and our calculations relating to the
monthly allocation of the gas bills during regular weekday office hours. Please give us reasonable advance notice to gather
the data.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
LEASE ADDENDUM FOR CONCESSION, CREDIT OR OTHER DISCOUNT
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Texas OR
the house, duplex, etc. located at (street address)
in
Apartments in Fort Worth
Texas.
2. Concession or discount. As an incentive and bonus to you for signing the TAA Lease Contract, choosing our property,
and agreeing to fulfill your obligations for the entire term of the TAA Lease Contract, you will receive a concession, credit or
discount described below. [Check all that apply]
❑ One-time concession. You will receive a one-time concession in the total amount of $
This concession will be credited to your charges for the month(s) of
❑ Monthly discount. You will receive a monthly discount of $ for months.
Special Provisions: The below outlined payment or repayment for breach under section 3 of this
agreement only applies to one-time concessions and monthly discounts/concessions
pertaining to move -in or lease renewal concessions. A charge back does not apply for a
customer service oriented concession which may be offered for various reasons during the
current lease term. Customer service oriented concessions may include concessions offered
for issue resolution or any other mid -lease concession that are not tied to a move -in or
lease renewal concession.
3. Payment or repayment for breach. If you move out or terminate your TAA Lease Contract early, in violation of the TAA
Lease Contract, you forfeit the concession or credit received under this addendum.
If you fail to pay all of your obligations under the TAA Lease Contract, then you will be required to immediately repay us the
amounts of all concessions and/or discounts that you actually received from us for the months you resided in your dwelling,
in addition to all other sums due under the TAA Lease Contract for unauthorized surrender or abandonment by the resident
(see TAA Lease Contract Par. 27).
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
LEASE ADDENDUM FOR ACCESS CONTROL DEVICES
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort worth
Texas.
2. Remote control/cards/code for gate access.
❑ Remote control for gate access. Each resident on the lease will be given a remote control at no cost to use during his
or her residency. Each additional remote control for you or your occupants will require a $ 50.00 non-
refundable fee.
❑ Cards for gate access. Each resident on the lease will be given a card at no cost to use during his or her residency.
Each additional card for you or your occupants will require a $ non-refundable fee.
® Code for gate access. Each resident will be given, at no cost, an access code (keypad number) for the pedestrian or
vehicular access gates. It is to be used only during your residency.
3. Damaged, lost or unreturned remote controls, cards, key fobs or code changes.
x❑ If a remote control is lost, stolen or damaged, a $ 50.00 fee will be charged for a replacement. If a remote
control is not returned or is returned damaged when you move out, there will be a $ 50.00 deduction from
the security deposit.
❑ If a card is lost, stolen or damaged, a $ fee will be charged for a replacement card. If a card is not
returned or is returned damaged when you move out, there will be a $ deduction from the security
deposit.
❑ We may change the code(s) at any time and notify you accordingly.
4. Report damage or malfunctions. Please immediately report to the office any malfunction or damage to gates, fencing,
locks, or related equipment.
5. Follow written instructions. You and all other occupants must read and follow the written instructions that have been
furnished to you regarding the access gates. If the gates are damaged by you, your occupants, guests, or invitees through
negligence or misuse, you are liable for the damages under your lease, and collection of damage amounts will be pursued.
6. Personal injury and/or personal property damage. Anything mechanical or electronic is subject to malfunction.
Fencing, gates, or other devices will not prevent all crime. No security system or device is foolproof or 100 percent successful
in deterring crime. Crime can still occur. Protecting residents, their families, occupants, guests, and invitees from crime is
the sole responsibility of residents, occupants, and law enforcement agencies. You should first call 911 or other appropriate
emergency police numbers if a crime occurs or is suspected. We are not liable to any resident, guest, occupant, or invitee
for personal injury, death, or damage/loss of personal property from incidents related to perimeter fencing, automobile
access gates, and/or pedestrian access gates. We reserve the right to modify or eliminate security systems other than those
statutorily required.
T. RULES IN USING VEHICLE GATES.
• Always approach entry and exit gates with caution and at a very slow rate of speed.
• Never stop your car where the gate can hit your vehicle as the gate opens or closes.
• Never follow another vehicle into an open gate. Always use your card to gain entry.
• Report to management the vehicle license plate number of any vehicle that piggybacks through the gate.
• Never force the gate open with your car.
• Never get out of your vehicle while the gates are opening or closing.
• If you are using the gates with a boat or trailer, please contact management for assistance. The length and width of the
trailer may cause recognition problems with the safety loop detector and could cause damage.
• Do not operate the gate if there are small children nearby who might get caught in it as it opens or closes.
• If you lose your card, please contact the management office immediately.
• Do not give your card or code to anyone else.
• Do not tamper with gate or allow your occupants to tamper or play with gates.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document ID. 9155139
2/5/2024 12:40 PM
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various
governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we
have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized
formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these
bills, we do not add any other costs to these bills and make no profit off of them.
3. Services and governmental fees allocated. We will allocate the following services and governmental fees:
❑ Cable/satellite television ❑ Registration/license fee
® Stormwater/drainage ❑ Other
❑ Trash removal/recycling ❑ Other
❑ Street repair/maintenance fee ❑ Other
❑ Emergency services fee ❑ Other
❑ Conservation district fee ❑ Other
❑ Inspection fee ❑ Other
4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is
postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so
that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we
do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as
allowed by law, and we may immediately exercise all other lawful remedies, including eviction just like late payment of rent.
S. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services
and governmental fees indicated above. You will pay separately for these charges which are defined under the Lease as
"Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and
distinct charges as part of a multi -item bill.
You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the
allocation method checked below: (check only one)
❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your
unit's square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units).
® Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
❑ Other formula (see attached page)
6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest
for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
T. Change of allocation formula. The above allocation formula for determining your share of the services and governmental
fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect;
and (2) you agree to the change in a signed lease renewal or signed mutual agreement.
8. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental
entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give
us reasonable advance notice to gather the data.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 1203 in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge
for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of
$ 12.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of
$ 3.00 per month (not to exceed $3) for processing and billing.
Your trash/recycling bill may include state and local sales taxes as required by state law.
3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand
delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree
to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will
be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but
we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately
exercise all lawful remedies under your lease contract, including eviction.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
LEASE ADDENDUM FOR ADDITIONAL SPECIAL PROVISIONS
1. Addendum. This is an addendum to the TAA Lease for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Texas OR
the house, duplex, etc. located at (street address)
Apartments in Fort worth
in
2. Purpose. The following special provisions become part of the Lease:
, Texas.
Unless prohibited by affordability covenants, we require residents to furnish proof of a
liabilitv insurance policv of at least $100,000 per occurrence issued by an authorized
insurance company on or before commencement date of your Lease and retain said coverage
continuously. Failure to do so will be in violation and a default of the lease and may
result in us procuring insurance on your behalf to protect our asset and additional fees
of $35 per month, which is inclusive of the premium paid, until proof of current liabilitv
insurance is provided. You aqree that this fee is a fair and reasonable estimate of the
costs incurred and will be considered additional rent. The Property must be named as an
Interested Partv on your policv.
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
Document digitally signed using RentCate eSignature services. Document ID: 9155139
2/5/2024 12:40 PM
LEGAL DESCRIPTION ADDENDUM
This addendum shall become a part of the lease contract for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Apartments located at (street address)
in Texas,
(include postal code);
OR
the house, duplex, etc. located at (street address)
in
(include postal code).
The legal description of your leased unit is as follows:
[Enter legal description of leased property]
Signed this 2 day of February , 2024
RESIDENT(S):
OWNER/OWNER'S REPRESENTATIVE:
, Texas,
Texas Apartment Association
Document digitally signed using RentCafe eSignature services. Document 1D: 9155139
2/5/2024 12:40 PM
LEASE ADDENDUM REGARDING SMOKING
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Texas OR
the house, duplex, etc. located at (street address)
Apartments in Fort Worth
in
, Texas.
2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is
strictly prohibited. This is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and
substantial violation of this addendum and a breach of the TAA Lease Contract.
The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in
any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building
interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all
interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of
the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any
dwelling or building, whether leased by you or another.
3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially
designated areas, if any. The permissible smoking areas are marked by signs.
Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit:
❑ is permitted
x❑ is not permitted.
Only the following outside areas may be used for smoking: NONE
Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be
at least 1000 feet from the buildings in the apartment community, including administrative office buildings. If the previous
field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including
administrative office buildings. The smoking -permissible areas are marked by signage.
Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your
occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building
or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or
rental premises.
4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your
dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning
and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees,
regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to
repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of
the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited
to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building,
shall always be in excess of normal wear and tear in our community and at the rental premises.
5. Your responsibility for loss of rental income and economic damages regarding other residents. You are
responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking
or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other
residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects
other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of
smoke related damages including smoke odors.
6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette,
hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted,
vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke
from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus
Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs,
vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non -tobacco products
if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons.
T. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available
to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of
occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In
the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease
Contract subject to any duty to mitigate.
8. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of
rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility
for any other damages or loss under the TAA Lease Contract or any other addendum.
Texas Apartment Association
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9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating
the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that
a failure on their part to comply is the same as non-compliance by you.
10. No warranty of a smoke -free environment. Although we prohibit smoking in all interior parts of the dwelling units
and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking
in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no -smoking policy is a
joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report
violations of our no -smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with
us if it becomes necessary to pursue action for any violations of the no -smoking policy.
This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could
lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in
your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum.
Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an
incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following
boxes:
❑ Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the
unit.
❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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LEASE ADDENDUM FOR AUTOMATED ELECTRONIC PAYMENT OF RENT AND CERTAIN OTHER ITEMS
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Automated electronic payments. "Automated electronic payments" include "Automated Clearing House" (ACH) and "Credit and
Debit Card" (Card) transactions. ACH refers to the nationwide network of banking institutions that have agreed to process electronic
payments automatically from your bank account to our bank accounts. Virtually all banks and credit unions participate. "Card" refers to
credit and debit card transactions, including those cards bearing the Visa, MasterCard, Discover and American Express logos. Collectively
"automated electronic payments" are paperless transactions that occur instantly and automatically without a check being hand -processed
through a local bank clearinghouse or the Federal Reserve System.
3. Advantages. There are significant advantages for you in paying your rent via automated electronic payments. They include:
• greater convenience since you won't have to worry each month with writing, mailing or delivering a rent check;
• no late charges since your rent will always be paid timely, assuming there are sufficient funds in your checking account;
• greater security since there is no chance that a check signed by you will fall into the wrong hands or get lost in the mail; and
• proof that you've paid since your bank statement is evidence of payment according to ACH and card network rules.
4. ACH payment authorization. By initialing here and executing this addendum, you are
agreeing that your rent payment or other payments as authorized by you will be collected automatically each month via ACH by debiting
(charging) your checking account electronically, in the case of your rent payment, on the same day of the month that your rent is due under
your TAA Lease Contract, and in the case of other payments, on the date(s) you authorized by separate agreement.
S. Card payment authorization. By initialing here and executing this addendum, you are
agreeing that your rent payment or other payments as authorized by you will be collected automatically each month by charging your credit
or debit card electronically, in the case of your rent payment, on the same day of the month that your rent is due under your TAA Lease
Contract, and in the case of other payments, on the date(s) you authorized by separate agreement.
6. Other non -rent items. Payment to us for other amounts (such as NSF charges, damages, or charges related to unauthorized animals,
etc.) may be mailed to us, deposited in our onsite drop box (if any), or delivered in person. Such other payments will not be processed by
Card or ACH electronic transfer except with your approval given at the time of each payment.
7. Your right to opt out. You have the right at any time to give us written notice of your decision to revoke your authorization for the ACH
or Card method of payment and to thereafter pay by regular check, certified check, or money order according to the TAA Lease Contract.
8. Delinquency. As long as your rent payments via ACH or Card are authorized and settled, you may continue ACH or Card payment of
your rent and enjoy any special considerations specified in paragraph 11 of this addendum. If any ACH or Card rent payment does not
clear, it will be treated as a default Oust like an NSF check) under the TAA Lease Contract. We have the right at any time to require you to
pay all future rent payments by regular check, certified check or money order, as per the TAA Lease Contract, in lieu of payment through
ACH or Card.
9. Multiple residents. If there are two or more residents on the TAA Lease Contract and if we accept multiple checks, each of you
authorize us to process your rent payment through ACH or Card as it becomes due, as follows:
Each resident's printed name Each resident's portion of the total monthly rent payment
$
Each co -resident of the unit must sign the attached form that authorizes automatic electronic payments through ACH or Card. This
addendum does not alter the provisions in the TAA Lease Contract regarding joint and several liability if there are multiple residents.
10. ACH and Card rules. We, as owners, agree to comply with all ACH and Card rules and operating regulations of the credit associations
and networks.
11. Special provisions.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII — CHISHOLM RANCH LLC
Apartments in Fort worth
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on
our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy
restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in
criminal trespass.
3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked):
❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and
their apartments.
x❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their
vehicles and their apartments.
❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing
office or ❑ any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed
handguns are prohibited in both).
❑ Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing
office or ❑ any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked,
openly carried handguns are prohibited in both).
❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm,
other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain
view.
4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that:
(a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease
or any community policies we issue;
(b) you have been provided the apartment community's policy or policies concerning firearms and will follow them;
(c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are
and that they are subject to the same policy or policies as you;
(d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe.
5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and
agree that:
(a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety;
(b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation,
default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice
of a violation;
(c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we would have to you or any other household in the apartment
community to render any areas in the apartment community any safer, more secure, or improved as compared to any
other rental property;
(d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved
safety or security standards than any other rental property;
(e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns,
firearms, or other weapons; and
(f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests'
cooperation and compliance.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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Kbif► ozP 10iPa[IdWdiI
CONSTRUCTION ACTIVITIES ADDENDUM
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Purpose of Addendum. By signing this Addendum, you acknowledge that existing, ongoing, or future construction on the property may
affect your use, view, and enjoyment of such property.
3. Acknowledgment of Construction on Property. You acknowledge that the property, including its common areas and apartments,
may currently or in the future, be under repair, renovation, improvement, or construction. We do not guarantee that the repair, renovation,
improvement, or construction will be completed on a set date or time and therefore, are not under any obligation to have said repair,
renovation, improvement, or construction completed by a set date or time. You also acknowledge that the repair, renovation, improvement,
or construction does not represent a breach of our obligations under the Lease Contract.
4. Use of Amenities and Services. Repair, renovation, improvement, or construction at the property may create conditions where your
use of the property's amenities and services may be limited or not available. You agree to observe and follow any signage regarding
construction placed on the property by us or our contractors. Various dangers that may be present include potentially harmful chemicals,
construction machinery, construction tools, nails, screws, falling debris, and other items that are typically found at construction sites. No
sign or form can contemplate or discuss every possible construction issue that could arise on a property, so you acknowledge and agree
that you will use your best judgment and common sense to avoid injuring yourself, your animals, or others as you enter or leave the
property.
S. Noise and Other Disturbances. Repair, renovation, improvement, or construction at or near the property may create noise or other
disturbances, and the property itself, or portions thereof, may be unfinished for some time with respect to landscaping, building exteriors,
interiors, amenities, walkways, lighting and the like. You acknowledge that these conditions may create inconveniences that may be
beyond our control. You agree that despite these inconveniences, your obligations set forth in the Lease, including payment of rent, will
still be in effect.
6. No Offset of Rent. To the extent allowed by state law or local ordinance, you agree that any inconvenience associated with the repair,
renovation, improvement, or construction, such as, but not limited to, those disclosed herein, will not be deemed to offset your rent
obligations.
T. Delay of Occupancy. You acknowledge that occupancy of the apartment may be delayed due to repair, renovation, improvement, or
construction of the property, including common areas and apartments. Such repair, renovation, improvement, or construction may cause
unforeseen delays due to scheduling conflicts, delay in permit issuance, acts of God, and other things beyond our control. The Lease
will remain in effect subject to: (1) the start date of the term of the lease contract shall be changed to the first day that we provide you the
apartment for occupancy, and rent shall be abated until occupancy is provided; and (2) your right to terminate as set forth in your Lease
under DELAY OF OCCUPANCY, and in accordance with applicable state law or local ordinance.
You knowingly and voluntarily accept the risks of delays and the apartment not being ready for occupancy on the date set forth in the
Lease. You agree that our failure to have the apartment ready on the set date in the Lease due to a repair, renovation, improvement,
or construction delay does not constitute a willful failure to deliver possession of the apartment or entitle you to any other form of credit,
discount or other compensation. We agree that rent will not commence under the Lease until possession is delivered to you.
8. Displacement. In the event Resident must be displaced from the apartment that is the subject of the Lease Contract due to repair,
renovation, improvement, or construction in or around the apartment, Owner, at Owner's sole option, shall transfer Resident to another
apartment within the apartment community that is not affected by the repair, renovation, improvement, or construction or shall provide
appropriate comparable accommodations for Resident. However, in the event of Resident's displacement and subsequent re -location, the
terms of the Lease Contract, including but not limited to the payment of rent, shall remain in full force and effect.
9. Severability. If any provision of this Lease Contract is invalid or unenforceable under applicable law, such provision shall be ineffective
to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this Lease Contract. The
court shall interpret the lease contract and provisions herein in a manner such as to uphold the valid portions of this Lease Contract while
preserving the intent of the parties.
10. Release and Waiver of Claims. Neither we nor any of our agents, employees, management company, its agents, or its
employees shall be liable for any damage or injury to you, your invitees, your licensees, your occupants, or your guests that
results from any condition related to the construction that is occurring on the property. This release is of and from any and
all claims, controversies, disputes, actions, demands, causes of action, or liability of every kind and description, known or
unknown, at law or in equity, which you or they had in the past now have, or may hereafter have in the future against us or our
management company or either of their agents or employees arising out of or in any way connected, directly or indirectly, with
the construction that is occurring on the property.
11. Special Provisions. The following special provisions control over conflicting provisions of this printed form:
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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VIRUS WARNING AND WAIVER ADDENDUM
This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed
for Apt. No. in the CVIII — CHISHOLM RANCH LLC
Apartments in Fort Worth
Texas, OR the house, duplex, etc. located at (street address)
in . Texas.
Due to the inherent risk of exposure to COVID-19 and/or other virus strains (collectively "Viruses") on the premises as defined
in Section 92.001 of the Texas Property Code (the "Premises"), it is important that you diligently follow all posted instructions,
written rules, and generally accepted health precautions concerning the spread of Viruses while on the Premises. Viruses may
be extremely contagious and can lead to severe illness and death. You should always assume that anyone could have a Virus.
There is no representation or warranty that: (1) the Premises are or will remain free of Viruses, (2) persons on the Premises
are not carrying Viruses; or (3) exposure to Viruses cannot occur on the Premises.
While on the Premises:
1. You must exercise due care for your safety at all times.
2. You agree to take full responsibility for and voluntarily assume all risks related to exposure to Viruses.
3. You agree to release, indemnify, discharge, and hold us and our representatives harmless to the fullest extent allowed
by law for all present and future claims and liabilities relating to Viruses, including but not limited to any negligent act
or omission by us, which might occur as a result of your being on the Premises.
Date
Resident
Date
Resident
Date
Resident
Date
Resident
Date
Resident
Date
Resident
Date
Owner's Representative
CVIII - CHISHOLM RANCH LLC,
Apartment name and unit number or street address of leased
premises
Texas Apartment Association
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COMMUNITY POLICIES ADDENDUM
1. Addendum. This is an addendum to the Lease between you and us for Apt. No. in the
CVIII - CHISHOLM RANCH LLC
Apartments in Fort worth
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Payments. All payments for any amounts due under the Lease must be made:
❑ at the onsite manager's office
® through our online portal
❑ by mail to or
® other: Electronic Monet/ Order Location
The following payment methods are accepted:
® electronic payment
❑ personal check
❑ cashier's check
❑ money order, or
Mother: Electronic Money Order
We have the right to reject any payment not made in compliance with this paragraph.
Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid
utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers,
scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company
representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to
open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing
or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm
charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by
you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters;
late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys
and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent
if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred in rekeying security
devices required by law if you vacate the apartment in breach of this Lease.
Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by:
® online portal
❑ email to
❑ hand delivery to our management office, or
❑ other:
From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing
this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you
provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call
list. To opt out of receiving these messaaes, please submit a written request to us by the method noted above.
You aaree to receive these messaaes from us throuah an automatic telephone dialina system. orerecordedlartificial voice
messaaes. SMS or text messaaes. or anv other data or voice transmission technoloov. Your aareement is not reauired as a
condition of the purchase of anv orooerty. goods. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number (817) 294-2200
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
5. Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's
expense at any time if the vehicle: (a) has a flat tire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or
staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated "no parking" area; (i) is in a space that requires a permit or
is reserved for another resident or apartment; 0) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or
(m) is not moved to allow parking lot maintenance.
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6. HVAC Operation. If the exterior temperature drops below 32° F you must keep the heat on and set to a minimum of 50' F. You must
also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32° F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of any Amenities by you, your invitees, your licensees, your occupants, or your guests. This
release applies to any and all current past or future claims or liability of any kind related to your decision to use the Amenities.
8. Package Services. We ❑ do or ® do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
9. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable
accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations
under applicable law.
10. Special Provisions. The following special provisions control over conflicting provisions of this form:
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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JETTY SURETY DEPOSIT BOND ADDENDUM
Date: 02/01/2024
We require that you provide us with a security deposit to protect us from any damage or other losses
that may occur during the time you lease the dwelling. By signing this addendum, you acknowledge that
you have chosen to reduce or eliminate the security deposit by purchasing a non-refundable surety
bond from JettyCVIII - CHISHOLM RANCH LLC
The Jetty Surety Bond will be available to Landlord to apply those amounts toward any damage or other
loss.
THE MONEY YOU PAY THE SURETY COMPANY IS NOT A SECURITY DEPOSIT AND IS NOT REFUNDABLE.
FURTHERMORE, EVEN IF WE MAKE NO CLAIM AGAINST THE SURETY BOND, YOU WILL NOT BE ENTITLED
TO ANY REFUND OF THE SURETY BOND PREMIUM AT THE END OF THE LEASE TERM.
If you purchase a surety bond, you will have obligations to the surety that are separate and independent
from the duties you have to us under this Lease Contract. YOU WILL NOT BE RELEASED FROM YOUR
OBLIGATIONS TO US, EXCEPT TO THE EXTENT THAT WE RECEIVE PAYMENTS FROM THE SURETY WHICH
SATISFY YOUR OBLIGATIONS TO US. Please note that if the surety does not pay the total amount of
damage or other loss that we experience, you will be required to pay us for the remaining amount.
ALL APPLICANTS MUST SIGN:
Applicant Signature Date
Applicant Signature Date
Applicant Signature Date
Applicant Signature Date
Authorized Agent for Owner Date
PINNACLE
Exceeding Your Expectations
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JETTY LEASE GUARANTY BOND ADDENDUM
ADDITIONAL CLAUSES ATTACHED AND FORMING A PART OF THE LEASE DATED 02/01/2024 BETWEEN
CVIII — CHISHOLM RANCH LLC
OWNER/AGENT
TENANT(S) REGARDING APARTMENT IN THE PREMISES
LOCATED AT IN THE EVENT OF ANY
INCONSISTENCY BETWEEN THE PROVISIONS OF THIS RIDER AND THE PROVISIONS OF THE LEASE TO WHICH THIS
RIDER IS ANNEXED, THE PROVISIONS OF THIS RIDER SHALL GOVERN AND BE BINDING. THE PROVISIONS OF THIS
RIDER SHALL BE CONSTRUED TO BE IN ADDITION TO AND NOT IN LIMITATION OF THE RIGHTS OF THE OWNER AND
THE OBLIGATIONS OF THE TENANT.
JETTY LEASE GUARANTY BOND PROGRAM
1. Tenant has applied for a Lease to rent an apartment at the above -referenced premises.
2. Tenant understands that Tenant did not meet the criterion for credit -worthiness and income which Owner
generally relies upon in determining whether or not to grant an application for lease. Therefore based on
tenant's credit -worthiness and income this lease would not have been granted.
3. Tenant utilized the services of the Jetty Lease Guaranty Program to qualify for the Lease, and the Owner has
been issued the attached Bond Certificate for the Lease.
4. Tenant understands that the coverage provided under the Guaranty Bond Certificate and the underlying Lease
Guaranty Bond is solely for the benefit of the Owner, and that Tenant has no right to seek any benefits from or
payments under the Lease Guaranty Bond.
5. Tenant understands that this Guaranty Bond Certificate will not under any circumstance relieve Tenant of the
obligation to pay rent for the Apartment in accordance with the terms of this lease, and will not protect Tenant
from or prevent an eviction if tenant does not pay the rent or any other amounts required to be paid pursuant to
the Lease.
6. Tenant understands that tenant obligations under the Lease remain the same, and Tenant continues to be
responsible to follow all the rules and obligations under the Lease.
7. Tenant agrees to provide the Owner evidence of the Jetty Guaranty Bond Certificate or some other
qualified guarantor acceptable to the Owner for any renewal at least 45 days prior to the expiration of the Lease.
Such qualification will be at the sole discretion of the Owner.
8. Predicated upon the foregoing offer by Tenant, absent which Landlord would not have granted Tenant's
application for a Lease, Landlord has granted said application to Lease the Premises.
ALL APPLICANTS MUST SIGN:
Applicant Signature Date
Applicant Signature Date
Applicant Signature Date
Applicant Signature Date
Authorized Agent for Owner Date
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ng
Package Service Addendum
2/5/2024 12:40 PM
Chisholm Ranch
Rental Contract with
enters this Service Billing Addendum to the Apartment
["Resident(s)"], pertaining to Apartment Number1203
located at
[Address]. This addendum is part of the Apartment Rental Contract and amends part of the Community Rules
Addendum.
This community has a designated room or locker area for the delivery of, and resident retrieval of, packages [the
"Facility"]. Resident is solely responsible for payment of all fees and charges relating to Resident's use of the
Facility, and Resident gives Management a proxy or the right to select the service provider for the Facility. All fees
or charges are non-refundable and are billed as additional charges.
Billing: Facility services will be billed to Management and then to Resident at $15 . 00 per month. The
name of the Service Provider is: Fetch
1. Resident acknowledges that (i) Management will not receive resident packages in the Community's Leasing
Office; and (ii) the Community may not permit deliveries door to door. All Resident packages should be delivered
exclusively to the Facility unless oversized or perishable, in which case door to door delivery is acceptable.
2. Any package delivery exceptions, such as problems due to name mismatches, packages addressed to anyone other
than registered residents, etc., will be handled in accordance with Management policy. Without limiting the
foregoing, Management reserves the right to return packages to sender if they are not addressed to a registered
resident or have not been retrieved within 0 days.
3. Resident agrees to registerwith the Service Provider and maintain a Facility profile with current contact information.
Upon request, Resident will provide their Facility validation code verifying to Management that he or she has
registered with the Service Provider and, if applicable, remitted access feepayment.
4. If applicable, Resident agrees to pay the annual or monthly access fee and will keep on file with the Service
Provider an effective payment method.
5. The fee associated with this amenity is $ 15 . 00 . A reasonable late pick up fee of $ 0 . 00
may be charged for packages not picked up timely. Please refer to the Service Provider requirements.
6. Resident acknowledges that the Facility may be under audio and video surveillance 24/7/365.
7. Resident agrees that the Facility may be located in a controlled access area, and that the Resident is only authorized
to enter the Facility following notification from the Service Provider of a package delivery or registration of a
package for pick-up or return, which notice or registration will include a single -use access/package retrieval code
or call the office for a one time access code during business hours (if applicable).
8. The Service Provider may change the fees and charges, billing cycle, method of billing, or method of calculating
service fees and charges at any time upon 30 day's written notice to Resident.
9. Resident's failure to pay any service bill, late fee, account establishment charge, monthly administrative fee, or
monthly service fee is a material breach of this Addendum and the Apartment Rental Contract. Management shall
have the same rights and remedies to enforce a default under this addendum as it has in the Apartment Rental
Contract.
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Package Service Addendum
10. To the fullest extent allowed by law, Owner, Management, Service Provider or their agents are not liable for any
loss or damage Resident may incur due to outages, interruptions, or fluctuations in services or damage or theft
of packages unless such loss or damage is directly and proximately caused by Management's or the Service
Provider's gross negligence. Resident may not withhold rent or utility and service payments because of an
interruption in services or damage or theft of packages.
11. If any portion or provision of this Addendum is declared to be invalid or unenforceable, then the remaining
portions shall be severed, survive, and remain enforceable. The court shall interpret and construe the remaining
portion of this Addendum so as to carry out the intent of the parties that Resident is responsible for payment of all
services.
12. The provisions of the Apartment Rental Contract are by reference incorporated herein.
By signing below, I acknowledge that I have read, understand, voluntarily agree to the foregoing.
Resident Name(s):
Apartment #:
Resident Signature Date
Resident Signature Date
Resident Signature Date
Resident Signature Date
Resident Signature Date
Resident Signature Date
Authorized Agent for Owner Date
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Privacv Addendum
2/5/2024 12:40 PM
This privacy addendum is incorporated into the
lease (the "Lease") identified below and is in
addition to all the terms and conditions
contained in the Lease. If any terms of this
Addendum conflict with the Lease, the terms of
this Addendum shall be controlling:
1. RENTAL UNIT DESCRIPTION,
.
2. LEASE DESCRIPTION
Lease date: 02/01/2024
Owner's name: CVIII — CHISHOLM RANCH
LLC
Inherent in the relationship between the Owner
and Resident, certain personal information on
the Residents will be collected, used and
disclosed for purposes of Owner managing,
maintaining and securing the property and the
rental units, managing the Lease, as well as
managing and maintaining the relationship
between the Owner and the Resident.
Information on Owner's information handling
practices are available on Owner's Privacy
Policy, a copy of which is attached hereto, and
can be accessed online via the community's
website.
In addition to the terms in the Privacy Policy,
please note the following additional terms:
Television/Telephony, Internet and
Communications Services. Owner has entered
into an agreement ("Agreement") whereby
Rogers Communication Inc. ("Rogers") may
market and sell cable television, telephony,
Internet and other communications services and
products to residents in Owner's buildings.
Resident
Resident
Resident
Resident
Resident
Resident
Owner Representative
Residents who are interested in receiving Roger's
services will also be able to take advantage of
discounts and other promotions Rogers offers to
residents in the buildings. For those Purposes,
Owner will be providing the following information
to Rogers on a monthly basis for Rogers to use to
offer you services and products as well as special
promotions relating to same: the property
address and unit number of Resident, name of
the Resident as listed on the lease, contact
phone numbers and email addresses as well as
and move in / move out dates.
If you are interested in receiving Rogers'
offerings, please sign below. Please note that
you may withdraw your consent to Owner
sharing this information with Rogers at any point
in the future upon written notice to Owner,
subject to certain contractual obligations if and
when a contract with Rogers is entered into with
the Resident.
Additional Products, Services and Other
Promotional Opportunities. Owner may enter into
agreements with various persons ("Promotional
Partners") who offer products, services or
opportunities that we believe may be of interest
and/or benefit to our Residents. For those
purposes, Owner may share with our Promotional
Partners the property address and unit number of
the Resident, name of the Resident as listed on
the lease, contact phone numbers and email
addresses.
If you are interested in receiving offers relating to
those products, services and/or opportunities
noted above, please sign below. Please note
that you may withdraw your consent to Owner
sharing this information with Promotional Partner,
at any point in the future upon written notice to
Owner, subject to certain limitations on
information previously provided to such
Promotional Partners.
Date
Date
Date
Date
Date
Date
Ione [3'
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2/5/2024 12:40 PM
The following information states that the identified document has been signed electronically by the parties detailed
below:
Signee Details Role Signature
02/02/2024
Document digitally signed using RentCafe eSignature services. Document ID: 9155139
2/5/2024 12.40 PM
Document Information
Document Reference Number: 9155139
Document Pages: 43 Signatures: 2 Status: Completed
Initials: 2
Document Name: Flood Disclosure Notice, Bed Bug Addendum, Insurance Addendum, Apartment Lease Form, Animal Addendum, Mold
Information and Prevention Addendum, Security Guidelines, Addendum for Affordable Housing, Water/Wastewater Cost Allocation
Addendum, Satellite Dish or Antenna Addendum, Enclosed Garage Addendum, Natural Gas Cost Allocation Addendum, Addendum for
Rent Concession, Lease Addendum for Access Control Devices, Lease Addendum for Allocating Services and Government Fees, Lease
Addendum for Trash Removal and Recycling Costs - Flat Fee, Lease Addendum for Additional Special Provisions, Legal Description
Addendum, Lease Addendum Regarding Smoking, Lease Addendum for Automatic Electronic Payment of Rent, Lease Addendum for
Addressing Carrying Firearms Onsite, Construction Activities Addendum, Virus Warning and Waiver Addendum, Community Policies
Addendum, Jetty Deposit Bond Addendum, Jetty Lease Guaranty Bond Addendum, Package Service Addendum, Privacy Addendum
Signature Summary
Signature
Initials
Timestamp Signing Status
Karen Trevino
Karen. l reM no
�j
l� l
02/02/2024 09:00:38 AM PST Completed
Document Started:
Email Address:
Signature Details
Page Signature/Initials
Signing Status
Tracking Details
Karen Trevino
43 KT
This document is digitally signed using RENTCafe eSignature services. Document ID: 9155139
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
FIIRTTII,
CITY COUNCIL AGENDA -
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
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M&C Review
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8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000.00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\0/o,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED I GOAL
(Promote Affordable Housing (Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
l
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement nhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment 'Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
Aging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
Ilarchitectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve
permanent housing
(Healthy Living and Wellness ��health
Support programs and services to improve the mental and physical
of low -to moderate -income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
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M&C Review
Page 3 of 7
Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low -to -moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies - $1,049,218,00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects - $636,610,00: Includes for multifamily rental rehabilitation
Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
M&C Review
Page 4 of 7
Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $490,667,85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating - $45,000.00:
Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration - $327,111,90: Includes costs for administering the HOME grant
Estimated Program Income - $50,000,00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
AGENCY
r
BChristian Learning
enter
(Boys & Girls Clubs of
Greater Tarrant County,
Camp Fire First Texas
Cancer Care Services
TABLE 1: CDBG AGENCIES
IICONSOLIDATED PLAN
GOAL
Children and Youth
Services
Children and Youth
Inc. Services
Children and Youth
Services
Healthy Living and
Wellness
Easter Seals North Texas, Economic
Inc. Empowerment and
Financial Resilience
PROGRAM I AMOUNT
Out of School Time
$78,218.00
Program
Youth Development I
$70,000.00
at Eastside Branch
Teens In Action
$50,000.00
Cancer Care
$50,000.00
Services
Employment
Services $60,000.00
Girls Incorporated of Tarrant Children and Youth I I
Leadership Program $100,000.00�
County Services
Guardianship Services, Inc. JIAging In Place Money Smart+ 11 $100,000.001
1 i 1 u 1
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M&C Review
Page 5 of 7
Housing Channel
Promote Affordable
Housing Counseling
$111,000.00
Housing for Renters and
& Education
Owners
(Junior Achievement of the
Children and Youth
Cradle to Career
��Initiative
$25,000.00
Chisholm Trail, Inc.
Services
(Maroon 9 Community
Children and Youth
Maroon 9 Teen
IlEnrichment
$25,000.00
II
Enrichment Organization
Services
Program
Meals -On -Wheels, Inc. of
ITarrant
ging In Place
V
(Nutrition Program
II $75,000.00
County
Economic
Tech Fundamentals
NPower Inc.
Empowerment and
Workforce Training
$25,000.00
Financial Resilience
Program
Economic
'Tarrant County
The Ladder Alliance
Empowerment and
Workforce
$80,000.00
Financial Resilience
Development
The Women's Center of
Economic
Empowerment and
Employment
$75,000.00
Tarrant County, Inc.
Financial Resilience
Solutions
(United Community Centers,
Children and Youth
I�Services
IlHolistic Educational
$125,000.00
Inc.
Literacy Program
ICDBG Public Services Agencies Total
II$1,049,218.001
Rehabilitation, Education
and Advocacy for Citizens
Accessibility
Project Ramp
$165,000.00
with Handicaps dba
Improvements
REACH, Inc.
Fort Worth Area Habitat for Housing Preservation
Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up $455,000.00
Habitat for Humanity
ICDBG Subrecipient Agencies Total I $620,000.001
ITOTAL CDBG CONTRACTS 1I$1,669,218.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY 11 PROGRAM 11 AMOUNT
AIDS Outreach Administration, Support Services, Short -Term Rent,
Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Based Rental Assistance
Tarrant County Administration, Facility -Based Operations, Supportive
Samaritan Housing, Services, Tenant -Based Rental Assistance (TBRA)
Inc.
ITOTAL HOPWA CONTRACTS
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY PROGRAM
The Presbyterian Night Shelter of Tarrant Shelter Operations/Services
County, Inc.
Lighthouse for the Homeless dba True Worth Day Shelter
Place Operations/Services
i
$1,300,000.00
I$1,729,850.00
11 AMOUNT 1
II$116,635,00I
11$158,400.001
II 1
M&C Review
Page 6 of 7
IThe Salvation Army
Center for Transforming Lives
ISafeHaven of Tarrant County
TOTAL ESG CONTRACTS
IlHomelessness Prevention
IlRapid Re -Housing
JIShelter Operations/Services
All figures have been rounded to the nearest dollar for presentation purposes.
available in ALL COUNCIL DISTRICTS.
$150,000.00
II $75,901.001
II $63,816.001
11$564,752.001
These programs are
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget
ID I I ID I I I Year
FROM
Fund Department Account Project
ID I ID
Submitted for Citv Manager's Office bv:
Oriciinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity I Budget
Year
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
Reference # I Amount
(Chartfield 2)
Reference # I Amount
(Chartfield 2)
19NS ACTION PLAN 2023 Aqencv Form 1295 Forms.pdf (CFW Internal)
http://api)s.cfwnet.org/council packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023
M&C Review Page 7 of 7
Action Plan SOS Filinas.pdf (Public)
ConPlan July 12 Public Hearina.pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Engagement Report June 2,
2023.m)tx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx (Public)
ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 AO23(r7).docx
(Public)
httn://anbs.cfwnet.orR/council packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023