HomeMy WebLinkAboutContract 61717CSC No. 61717
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WO TH AND WESTDALE HILLS 2013. LP
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WO TH ("City"), and WESTDALE HILLS
2013, LP ("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 One -bedroom Apartment
("Lease"). The unit is located at ("Unit"), as more fully described
in Exhibit A.
2. TERM.
This Agreement shall begin on July 13, 2024 and shall expire on October 12, 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 following City
review and approval of request by both Tenant and Landlord under the same terms and conditions,
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY Page 1 of 13
FT. WORTH, TX
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
$0.00 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 $1,174.00 per month for the Unit. The prorated rent from July 13, 2024 to July 31, 2024 is
$719.55; the prorated rent from October 1, 2025 to October 12, 2025 is $454.45.
The Tenant, during the Initial Term, shall be responsible for $0.00 of rent per
month for the Unit from July 13, 2024 to July 31, 2024. The Tenant shall be responsible for
$559.00 of rent per month for the Unit from August 1, 2024 to September 30, 2025. The
Tenant shall be responsible for $216.00 of prorated rent per month for the Unit from
October 1, 2025 to October 12, 2025.
During the Initial Term, City shall pay $719.55 Prorated Rent toward the Tenant's
Total Rent for the Unit ("City Portion") from July 13, 2024 to July 31, 2024 per month
for the Unit. The City shall be responsible for $615.00 of rent per month for the Unit from
August 1, 2024 to September 30, 2025. The City, shall be responsible for $238.45 of
prorated rent per month for the Unit from October 1, 2025 to October 12, 2025. Neither
Rental Assistance Landlord Agreement Page 2 of 13
City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of
any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City
Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments,
and other fees associated with the Unit and City shall not be obligated by law or in equity for
any amount other than the City Portion.
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
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 of the initial term, and any subsequent renewals, 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. In the event that the lease is provided to the City after the payment
date, then 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 the lease is received by City. 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.
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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.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant's lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the
months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and
conditions of this Agreement prior to the date of expiration or termination. City shall not be
obligated for any additional fees or expenses of any kind. If City has paid any portion of the City
Portion for a month that is after the effective date of termination of this Agreement, Landlord shall
refund that portion within thirty days of the effective date of termination by check made out to the
City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of
this Agreement, the onlv remedv Landlord may assert for anv claim, no matter the kind or
character, arising out of this Agreement is for the Citv Portion of the Tenant's Total Rent for the
months that Tenant occupied the unit and this Agreement was in effect.
5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
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.
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5.3 If the City determines that the Landlord is not meeting these obligations, the City shall
have the right, even if the Tenant continues in occupancy, to terminate payment of the
City's Portion of the Total Rent and/or terminate the Agreement without any cost or
expense of any kind whatsoever to City.
6. FAIR HOUSING REOUIREMENT
6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any
other manner, discriminate against any person on the grounds of age, race, color, creed, religion,
sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with
Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America,
the Department of Housing and Urban Development, and the City, any of which shall be entitled
to involve any of the remedies available by law to redress any breach or to compel compliance by
the Landlord.
6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and
with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews
and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes,
Executive Orders and all related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law, including
City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS
NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation
under this Agreement; or
(3) If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the
landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the
Landlord may take corrective action to remedy the breach.
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7.3 The City's right and remedies for breach of this Agreement shall not be limited by any
provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
8. NO THIRD PARTY BENEFICIARIES
8.1 The City does not assume any responsibility for, or liability to, any person injured
as a result of the Landlord's action or failure to act in connection with the implementation of this
Agreement, or as a result of any other action or failure to act by the Landlord.
8.2 The Landlord is not the agent of the City and this Agreement does not create or
affect any relationship between the City and any lender to the Landlord, or any suppliers,
employees, contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or
a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Landlord shall notify City immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
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
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the provisions of this section. City or HUD shall give Landlord reasonable advance notice of
intended audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Landlord shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that City shall in no way be
considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants,
employees or subcontractor of Landlord shall be entitled to any employment benefits from City.
Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
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.
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Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Landlord under which
the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with
all applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from
and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
To LANDLORD:
City of Fort Worth WESTDALE HILLS 2013, LP
Attn: Fernando Costa, Assistant City Manager 1401 Sotogrande Blvd.
200 Texas Street Euless, TX 76040
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
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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.
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.
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23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City's Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
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
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contained as part of this agreement including all documents and information referenced herein or
attached hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord
does not meet the definition of a "company" under the applicable section of the Texas Government
Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Landlord certifies that
Landlord's signature provides written verification to the City that Landlord: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract.
30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Landlord acknowledges that in accordance with Chapter 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)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
'_
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: J u l 18, 2024
APPROVAL RECOMMENDED:
By:K "
Name: Kacey Bess
Title: Interim Director,
Neighborhood Services Department
ATTEST: nna
00
By
Name: Jannette Goodall
Title: City Secretary
LANDLORD:
p ��By: Felicia Marquez (Jul 16, 20 416:41 CDT)
Name: Felicia Marquez
Title: Authorized Representative
Date: Jul 16, 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.
Tulie Pena
By.Julie Pena (Jul 16, 202417:00 CDT)
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
Q uja.
By: OO
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
CoDv of Tenant's Lease
Rental Assistance Landlord Agreement Page 13 of 13
i• This Lease is valid only iffilled out before January 1,2026.
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t i Y�y,�1,�1: ( �ls� (• Lsst.,r;�,,rta� Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed belowand us.The terms "you" and "your" refer to all residents.
The terms "we," "us," and "our" referto the owner listed below.
PARTIES
Residents
LEASE DETAILS
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i
t
Ends at 11:59 p.m. on: 10/12/2025
i
F. Notice of Termination or Intent to Move Out (Par.4)
A minimum of 30 days'written notice of
termination or intent to move out required atend ofinitial Lease
term or during renewal period
If the number of days isn't filled in, notice of at least 30 do,
is required. i
Initial Late Fee Daily Late Fee
0 10 %of one month's monthly base rent or ❑ %of one month's monthly base rent for days or
O $ O $ 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) K. Violation Charges
Payment Fee (Par. 3,4) $ 1174.00
$ 40.00 Notice of 30 days is required. Animal Violation (Par.12.2)
100 00
I. Reletting Charge (Par.7.1)
A reletting charge of $ 1005.55
(not to exceed B5% of the highest
monthly Rent during the Lease term)
may be charged in certain default
situations
You are not eligible for early termination if
Inntal charge of 5 peranimal (not
toexceed $100peranimal) and
you are In default.
Fee must be paid no later than 30
Adallychargeof$ 10.00 peranimal
days after you give us notice
(not to exceed $10 per day per animal)
ifonyvalues ornumber ofdaysare blank or"0,"
Insurance Violation (Master Lease Addendum
then this section does not apply.
or other separate addendum)
$ 20.00 '
L. Additional Rent -Monthly Recurring Fixed Charges. You will payseparately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 0.00 Cable/satellite $ Internet $
Package service $ Pest control $ 2.00 Stormwater/dralnage $
Trash service $ Washer/Dryer $
Other: Trash Fee $ 7.00
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 oran amendment to this Lease,
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days ofwritten notice (Par. 3.5)
f
N. Other Charges and Requirements, You will pay separately for these Items or comply with these requirements as outlined Ina Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $ 100000 .00
5 Special Provisions. See Par.32 or additional addenda attached. This Lease cannot be `hanged unless in writing and signed by you and us.
Apartment Lease Contract 02023, Texas Apartment Assoclation, Inc. Page t 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, butwho 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 tof
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:,
2.2. Measurements. Any dimensions and sizes provided toyou
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.
Rent. You mustpayyourRenton orbefore the 1st day ofeach
month (due date) without demand. There are no exceptions
regarding the payment ofRent, and you agree not paying Renton
orbefore the lstofeach month is a material breach ofthis Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify In accordance with this Lease.
Cash isnotacceptable without our prlorwritten
permission. You cannot withhold or offset Rent unless
authorized bylaw. We may, at ouroption, require atany
time that you pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment ofeach 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
govemment regulation, we may apply it at our option and
without notice firstto any ofyour unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless ofwhen the
obligations arose. All sums otherthan 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. If we 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 paythe fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees If appllcable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll payfor all utilities and services,
related deposits, and any charges orfees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Leaseterm lithe
change applies to all residents.
Ifyour electricity is interrupted,you must use only battery -
operated lighting (no flames). You must not allow any
utilities (otherthan cable or Internet) to be cut offor
switched for any reason —including disconnection for not
paying your bllls—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 ofyour move -
out date. Ifyou 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 forthe 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 providerfees, including any fees
to change service back Into our name afteryou move out,
3.6. Lease Changes. Lease changes are only allowed during the
Leaseterm or renewal period Ifgovemed by Par.10, specified
in Special Provisions in Par.32, or by a written addendum or
amendment signed by you and us. At or after the end ofthe
initial Leaseterm, Rent increases will become eFfectivewith 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 uswritten move -out
notice under Par.25, which applies only to the end ofthe current
Lease term or renewal period.
Apartment Lease Contract *2023, Texas Apartment Association, Inc.
Automatic Lease Renewal an d 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. ifthe number ofdays Isn't filled In, no-
tice of at least 3o days Is required.
Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aiveusvouradvance
notice of move out as orovided by par. 25 and forwardina
address in writina to receive a written descrintion and
itemized list of charges or refund. In accordance with this
Lease and as allowed bylaw, we may deduct from your
security deposit any amounts due under this Lease. lfvou
move out earivorin resoonse to a notice to vacate, You'll be
liable for (ekevina charges. Upon recelpt ofyour move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an Itemized
accounting ofany deductions, no later than 30 days after
surrenderor abandonment, unless laws provide otherwise.
Any refund may be by one paymentJolntly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Ourinsurance doesn't cover the loss of or damage to
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 apartmentoryour personal belong-
ings at the time you or we suffer orallege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even If not required, we urge you to obtain your own insurance for
losses due to theft, fire, Rood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85%ofthe highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are judicially evicted. The reletting
charge is not a termination, cancellation or buyoutfee and
does not releaseyou from your obligations underthis Lease,
including Iiability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part ofour damages —for ourtime, 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, ifthis
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 EarlyTermina-
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 may have the right under
Texas law to terminate this Lease early in certain situations
Involving military deployment or transfer, familyviolence,
certain sexual offenses stalking or death of a sole resident.
Delay of Occupancy. We are not responsible for any delay ofyour
occupancy caused by construction, repairs, cleaning, ora previous
resident's holding over.This Lease will remain In force subjectto
(1) abatement of Renton 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 preventyou from moving into the apartment.
8.1. Termination. Ifwe give written notice to you ofa delay In
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we 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 apartmentwill be ready foryou to
occupy on a specific date, you mayterminate 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.
Page2or6
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines orcharg-
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 wastewaterstoppage is due to ournegligence,
we're not liable for —and you mustpay for —repairs and replace-
ments occurring during the Lease term orrenewal period, Includ-
ing: (A) damage from wastewaterstoppages caused bylmproper
objects In lines exclusivelyserving yourapartment; (e) damage to
doors, windows, orscreens, and(C) damage from windows or doors
leftopen.
10. Community Policies. Community Policies becomepart of this
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately Ifthe Community Policies are distributed
and appllcableto all units In the apartment community and do not
change the dollar amounts owed underthis Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, Image or video taken ofyou while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use Information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to yourapartment.
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 cannotstay in the
apartment for more than 2_ days in one week
without our prior written consent, and no more than twice
that many days in any one month. ifthe previous space
Isn't filled in, 2 days total perweekwill be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted ofany felony, (B) are convicted ofany
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us ofa 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 orsounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal partof a multifamily living environment and
that R is Impractical for us to prevent them from penetrating
yourapartment,
11. Conduct. You agree to communicate and conduct yourselfin a law-
ful, courteous and reasonable mannerat all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping It in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulatethe 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, exceptwhen
allowed by law, displaying or possessing a gun, knife,
or otherweapon in the common area, or in a way that
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner,
(c) disturbing orthreateningthe rights, comforkhealth, 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;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(1) heating the apartment with gas -operated appliances;
0) making bad -faith orfalse allegations against us or our
agents to others;
(k) smoking ofany 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 rye'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 representthat 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 consentto your requestto 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. Kan
animal has been in the apartment atany time during
your term of occupancy (with or without our consent),
we'll chargeyou 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, anyvehicle 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 enterunder
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
afterthe entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract 02023,Texas Apartment Association, Inc. Page 3 o1`6
15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, forrepairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must be written and delivered to our designated
representative in accordance with this Lease (except for
falr-housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whetheror which vendors to use,
are within oursofe 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 offequipment and interrupt
utilities as needed to perform workor 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, orduring equipment repair,your Rent
will not abate in whole or in part.'Reasonable time"
accounts for the severity and nature ofthe problem and
the reasonable avallabilityof materials, labor, and
utilities. if we fail to timelyrepaira condition that
materially affects the physical health orsafetyofan
ordlnaryresident as required bytheTexasProperty Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0567 ofthe Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
under 91.056(a, (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost ofthe repair orremedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563,
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our 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? days'written notice. if termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose ofyour personal property if, in
oursolejudgment, it causes a health or safety hazard or impedes our
abilityto make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession.by giving you at
least 3o days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longerbeusedforresidential purposesforatleast6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting.You may not assign this Lease orsub-
letyour apartment.You agree thatyou won't rent, offer to rentor
license all or any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part ofyour apartment on
any lodging or short-term rental website or with any person orser-
vice that advertises dwellings for rent.
18, Securltyand Safety Devices. We'll oav for missina security de-
vices that are required by law. You'll oav for: (A) rekevina that
you request (unless we failed to rekev, after the previous resi.
dent moved outh and (B) repairs orreglacements because of
misuse or damage bvvou orvourfamliv.vouroccunants. orvour
u9 ests.Youmustpayimmediatelyaftertheworkisdoneunlessstate
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
Texas Property Code secs. 92.751, 92,153, and 92.154 require, with
some exceptions, that we provide atno cost to you when occupancy
begins: (A) a wlndowlatch on each window, (a) 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 baron each sliding
door; (P) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lockor a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. Th a rekeying will be done either before you move In or
within 7days after you move In, as required bylaw. If we fail to In-
stall orrekeysecurl ty devlces as requited bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay
ment underTexas Property Codesec. 92.165(1), We may deactivate
ornotinstall keyless bolting devices on yourdoors ff(A) you oran
occupaptin the dwelling is over55 or disabled, and (8) the require-
ments ofTexas Property Codesec.92.153(e) or(t) aresatisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries atyour expense, without prior notice
to you. Neitheryou nor your guests or occupants may
disable alarms or detectors. if you damage or disable the
smoke alarm orremove a battery without replacing it
with a working battery, youmay be liable to us under
Texas Property Code sec.92.2611 for$100plusone
months Rent, actual damages, and attorney's fees.
18.2. Dutyto Report.You must Immediately report to usany
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable ifyou fail to
report malfunctions, orfall to report any loss; damage, or
fines resulting from fire, smoke, orwater.
19. Resident Safety and Loss. Unless otherwise required bylaw, none
ofus, ouremployees, agents, ormanagementcompaniesare liable
to you, yourguests or occupants forany damage, personal injury,
loss to personal property, orloss of business orpersonal income,
from anycause, including butnotlimited to: negligentorintention-
al acts ofresidents, occupants, orguests; theft, burglary, assault,
vandalism orothercrimes; fire, Rood, waterleaks, roln,hall,ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipeleaks or other occurrences unless such damage, injury orlossls
ca us e d excl usi vel y b y o ur n eg l ig e n c e.
We do not warrantsecurity ofanykind.You agree that you will not
rely upon any security measures taken by usfor 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 orother required city charges.
20. Condition of the Premises and Alterations.
20.1. As -Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion ofthe form orwithin 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return itto
us, and the form accurately reflects the condition ofthe
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us In writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property, No holes orstickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls and in
grooves ofwood-paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door -
Apartment Lease Contract 02023,Texas Apartment Association, Inc. Page 4 of 6
bells, or lock changes, additions, or rekeying is permitted
unless required by law or we've consented in writing. You may
Install a satellite dish orantenna, but only Ifyou sign our
satellite dish orantenna 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'II supply light bulbs forfixtures we furnish, In-
cluding exterior fixtures operated from insidethe 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 orwlthout our consent) become
ours unless we agree otherwise In writing.
21. Notices, Written notice toorfrom our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and Intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language thatyou read
orspeak.
21.1. _ Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with 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 orto a
physical address if allowed in this Lease.
You represent thatyou have provided yourcurrent email
address to us, and thatyou will notify us in the eventyour
email address changes.
h.SYtalli'efdY'illiiddira'i'nd"
22. Liability. Each resident isjointly 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.Youlldefendindemnifyandholdus
and ouremployees, agents, andmanagement company
harmlessfrom allliabilityarising from your conductor
requests to ourrepresentatives and from the conduct ofor
requests by yourinvitees, occupants orguests.
23. Default by Resident,
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, Including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you orany 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 ordelivery of a controlled
substance, marijuana, ordrug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor,
23.2. Eviction. Ifyou default, Including holding over, we may
end yourrlght ofoccupancybygiving you atleasta24-
hour written notice to vacate, Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filing an evictionsult, wemaystill accept Rent orother
sums due, the filing oracceptance doesn't waive or
diminish ourrfghtofevictlon or any other contractual or
statutoryright. Accepting money at any time doesn'twalve
our right to damages, to past or future Rent or other sums,
orto our continuing with eviction proceedings. In an eviction,
Rent is owed forthe full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest ofthe Lease term or renewal
period will be accelerated automatically without notice
ordemand (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 beforethe Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rentwill
also be accelerated If you're judicially 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 Rentforthe Lease term will be automatically
accelerated without notice and become immediately due. We
also mayerld your dghtofoccupancyand recoverdamages,
future Rent,attorney's fees, court costs, andother 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 ofthe previously signed lease of a
new residentwho can't occupy because ofthe 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 amountsto
credit agencies as allowed by law. lfwe or our debt
collectortries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means, ifyou default, you will pay us, in addition
to othersums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
Interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fall to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding againstyou, plus our attorney'sfees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Our representatives (in-
cludingmanagementpersonnel, employees, andagents)have no
authority to waive, amend, or terminate this Lease orany partofit
unlessin writing and signed, andno authority to make promises, rep-
resentations, oragreements thatlmposesecurity duties orotherob-
ligations on us orourrepresentatives, unless in writing and signed.
No action or omission by us will be considered a waiverof our rights or of
anysubsequentviolation,default, or time orplace ofperformance.Our
choice to enforce, notenforce ordelayenforcement of written -no-
tice requirements, rental due dates, acceleration, liens, oranyother
rights isn'ta waiverunderany circumstances. Delay in demanding
sums you owe is not a waiver. Exceptwhen notice or demand is required
by law,you waiveany notice and demand for performance from us ifyou
default. Nothing in this Lease constitutes a waiver ofour remedies for a
breach underyour priorlease thatoccurred before the Leaseterm begins.
Your Lease is subordinateto existing and future recorded mortgages, un-
lessthe owners lenderchooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election orwalver 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 otherobliga-
tions merely byvirtue of acting on our behalf.
25. Move -out Notice. Before moving out, you must give ourrepresen-
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.
Yourmove-out notice must comply with each ofthe following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day ofthe month you intend to move
out; move out will be on the last day of that month.
(b) Your move -out notice must notterminate this Lease
before the end ofthe 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 ofthe Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fall to give a reminder
notice, 30 days' written notice to move out Is required.
(d) You must get from us a written acknowledgment ofyour
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
mustfollow 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 Assoclation, Inc. Page 5 of fi
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 a joint move -out Inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment In our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
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 doorstating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death ofa sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and reletthe apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property.We,orlawofficers,may—
but have no duty to —remove or store all propertythat in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupantor guest owns or uses) after you're Judicially evicted
or If you surrender or abandon the apartment.
We're notliable forcasualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession Is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
maybe kenneled or turned over to a local authority, humane
society, or rescue organization.
Il u.1,l:11tii".Y; M11,Y3
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 pastor
future rent or other charges. The above remedies also apply if both
ofthe 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 nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal.A signed affidavit from the affiliated local
apartment association attesting to nonmembership when 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 oflocator service (ifappllcable):
29, SeverabIlity and Survivability. If any provision ofthis Lease Is Inval-
id or unenforceable under applicable law, It won't I nva 11 date th e re-
mainder of this Lease or change the Intent of the pa riles. 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 litlgation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct If applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1.. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent Join or otherwise maintain a class action,
collective action orsimilarproceeding against us in
anyforum.
YOU UNDERSTAND THAT. WITHOUTTHIS WAIVER,YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE,
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Male ure.Ifweare prevented from completing substan-
tial performance ofany 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 bylaw,
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
PRO IN $719.55 + ADMIN FEE $30 = $749.
55 TOTAL MOVE IN COSTS. No cash or
partial payments are accepted. No
checks after the 3rd.
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.
Residenj.prResident� slgnbel w r
1/� ,1 1,
(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
0 w a Tr-.-rOw R sentative(sign gonbe aifofowner)
Apartment Lease Contract, TAA Official Statewide form 23-A/8-1/8-2 Revised October 2023 Page 6 of 6
CiEwl�
Mold Information and Prevention
a R? ns,v>Arrt,r:,. t »sip>e(,'rtoN Addendum
Please note: We want to maintains high -quality living environment for ourresidents. 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 faryou and responsibilities for both you and us.
1. Addendum. This is an addendum between the Residents and If small areas of mold have already accumulated on nonporous
Owner as described in the Lease for the dwelling described below: surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood,
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 ofcfeaning—apply a premixed spray -on household
biocide.
(name ofapartments)
or other dwelling located at
(street address ofhouse, duplex, etc,)
City/State/Zip where dwelling is located:
2. About Mold. Mold is found everywhere in our environment, both
indoors and outdoors and in both new and old structures. To avoid
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.
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 comply with 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-
sible for property damage to the dwelling and any health problems
that may result.
This Addendum is part ofyour Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (allsign below)
(Name of Resident) r 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
Darner r owner`s Representative (sign below)
Datesigned
You are entitled to receive a copyof this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 23-FF, Revised October, 2023 Q
Copyright 2023, Texas Apartment Association, Inc,
UJ_;44iiii
fIT'SASAPAIUM 1-i'N'T MSOUXI'ION
Security Guidelines for Residents
Addendum
1. Addendum. This is an addendum to the Lease Contract • Always be aware of your surroundings and avoid areas
("Lease") executed by you, the resident(s), on the dwelling that are not well -traveled or well -lit.
you have agreed to rent. That dwelling is:
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Security Guidelines. We disclaim anyexpress or implied
warranties of security. We care about your safety and
that of other occupants and guests. No security system
is fallsafe 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 hu-
man 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 recom-
mend 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.
DStesigned
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
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 askthem
to meet you before entering.
Make sure locks, latches and sliding glass doors are
properly secured at all times.
Use the keyless deadbolt in 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 atyour expense, in accordance with the
Lease.
Check the doorviewerbefore answering the door. Don't
open thedoor ifyou don't knowthe person or have any
doubts. Children who are old enough to take care of
themselves should never letanyone Inside when home
without an adult.
Regularlycheckyoursecuritydevices, 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 safetydevices on the property,
such as broken access gates, burned out exterior lights,
etc.
�Own5oO s Representati (sig below,
Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
You are entitled to receive a copy of thisAddendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 15-M, Revised October, 2015 Q
Copyright 2015,Texas Apartment Association, Inc. m.-:�
:%.
Al-001I
'TEXAS AI'AW17M Y N'I' ASSOCINMON
e
Asbestos Addendum
1. Addendum. This is an addendum to the Lease Contract
executed by you, the resident(s), on the dwelling you have
agreed to rent. That dwelling is:
(name of apartments)
or other dwelling located at
(streetaddress ofhouse, duplex, etc.)
City/State where dwelling is located
2. Asbestos. In most dwellings which were built prior to 1981,
asbestos was commonly used as a construction material. In
various parts of your dwelling, asbestos materials may have
been used in the original construction or in renovations prior
to the enactment of federal laws which limitasbestos in certain
construction materials.
enter Residents (
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
3. Federal Recommendations.The United States Environmental
Protection Agency (EPA) has determined that the mere
presence of asbestos materials does not pose a health riskto
residents and that such materials are safe so long as they are
notdislodged ordisturbed in a mannerthatcauses the asbestos
fibers to be released. Disturbances include sanding, scraping,
pounding, or other techniques that produce dust and cause
the asbestos particles to become airborne. The EPA does not
require that intact asbestos materials be removed. instead,
the law simply requires that we take reasonable precautions
to minimize the chance of damage or disturbance of those
materials.
4. Community Policies and Rules. You, your families, other
occupants, and guests must not disturb or attach anything to
the walls, cellings,fl oortiles, or insulation behind the walls or
ceilings in your dwelling unless specifi callyallowed in owner's
rules or community policies that are separatelyattached to this
Lease Contract. The foregoing prevails over other provisions
of the Lease Contractto the contrary. Please report any ceiling
leaks to management promptly so that pieces of acoustical
ceiling material or ceiling tiles do not fall to the fl oor and get
disturbed by people walking on the fallen material.
Owner r er's Repr entat a (sign below)
Your are entitled to receive a copy of this Addendum after it Is fully signed. Keep it in a safe place.
TAAOfficial Statewide Form l5-Y,Revised January, 2015.
Copyright 2015, Texas Apartment Association, Inc. ,„r
LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
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 watertwastewater 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 —dust 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 (1) actual occupancy;
❑ subdivision (11) ratio occupancy (PUC average for number of occupants in unit);
❑ subdivision (iii)average occupancy (PUC average for number of bedrooms in unit);
0 subdivision (iv)combination of actual occupancy and square feet of the apartment; or
❑ subdivision (v) submetered hot/cold water, ratio to total.
The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about
the day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by
allocated billings.
s. Common area deduction. We will calculate your allocated share of the mastermetered water/wastewater bill according
to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area
uses, as required by PUC rules, We will also deduct for any utility company base charges and customer ;service charges
so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the
total mastermeter water/wastewater bills) 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 PUG; (2) you receive notice
of the newformula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed
mutual agreement.
7. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in
the previous calendar year was $ 94.36 per unit, varying from $ 12.74 to $ 100.00 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.
a. 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 signature of? or Owner's Representative
Texas Apartment Association
Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In
accordance with PUC rules, a copy of the applicable rules is provided to you below:
SUBCHAPTER 1: 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 fortenants.
(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, troller, heating, ventilation, air conditioning, or
other building system, or any other amount that is unrelated to water and
sewer utility service costs.
(a) 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 nontranslent 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 §62.101, 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 ofwater used through the master meter.
(6) 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 charg" 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 nontranslent
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.
(0) Multiple use facility —A commercial or industrial park, office complex, or
marina with five or more units that are occupied primarily for nontranslent
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 faclllty; 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 uglily 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 lass than the amount the tenant would have been charged under this
subchapter. Undercharge and Underbilling have the some meaning.
(17) Utility costs --Any amount charged to the owner by a retail public utility
forwater orwastewater service. Utility Costs and U811ty, 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) ofthis section, a manager of a condominium or the ownerof 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 or very 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
Willy 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 utllity 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:
(A) the calculation of the average cost par 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 reteif
public uglify;
(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
end wastewater service; and
(10) any other Information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (a) of
this section shall be maintained forthe currenlyearand 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 (a) of this section are
maintained at the on -site manager's office, the owner shall make the
records available for inspection at the on -site manager's office within three
days after receiving a written request.
(2) If the records required under subsection (a) of this section are not
routinely maintained at the on site manager's office, the owner shall
provide copies of the records to the on -site manager within 16 days of
receiving a written request from a tenant or the commission or commission
staff.
(3) If there is no on -sits, 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 mall 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;
(6) If not submatered, a clear description of the formula used to allocate
utility services;
(6) Information regarding billing such as meter reading dates, billing dales,
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 agreementls discussed,
the ownershall 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 10 allocated billing. An owner shall not change
from submatered 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. Goad 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 forsubmetered or allocated
utility service may only Include bills for water or wastewater from the retell
public utility and must not Include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retail public utility's rate structure includes
a dwelling unit base charge, the owner shall bill each dwelling unit for the
base charge applicable 10 that unit. The owrler 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 submatered 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 volumetdc 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, Chapter2306, SubchapterDD; or
(B) the apartment resident receives tenant -based voucher assistance
under United States Housing Act of 1937 Section 6, (42 United States
Code, §1437f); and
(4) final bill on move -out for submetereci 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 retell 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
(8) common area usage such as Installed landscape irrigation systems,
pools, and laundry rooms, If any, as follows:
(1) !fall common areas are separately metered or submatered, deduct
the actual common area usage;
(11) If common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submatered and there is an installed landscape irrigation system,
deduct at least 25% of the retail public utility's master meter bill;
(111) if all water used for an Installed landscape Irrigation system Is
metered or submatered and there are other common areas such as
pools or laundry rooms that are not metered or submatered, deduct
at least 5% of the retail public utility's master meter bill; or
(iv) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there Is no Installed landscape irrigation system,
deduct at least 6% of the retail public utility's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established In paragraph (1) of this subsection by:
(1) the number of occupants In the tenants dwelling unit divided by the
total number of occupants in all dwelling units at the beginning of the
month forwhich bills are being rendered; or
(11) the numberof 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 unllwith one occupant =1;
(11) dwelling unit with two occupants =1.6;
(ill) 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
(ill) 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 numberof bedrooms in the dwelling unit according to the scale
below, notwithstanding the actual number of occupants In each of the
dwelling units bedrooms or all dwelling units:
(1) dwelling unit with an efficiency =1;
(11) dwelling unit with one bedroom = 1.6;
(ill) 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 60% 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:
(1) any of the factors developed under subparagraph (A) of this
paragraph; or
(11) 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:
(1) any or the factors developed under subparagraph (A) of this
paragraph; or
(It) 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. lithe tenant moves in during a billing period,
the owner shall prorate the bill by calculating a bill as If the tenant were
therefor the whole month and then charging the tenantfor 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 after the owner
receives the retail public utility bill.
(2) Submeter bills shall be rendered as promptly as possible after the
owner receives the retail public utility bill or according to the time schedule
In the rental agreement if the owner Is billing using the retail public utility's
rate.
(c) Submeter reading schedule. Submeters or polnt-of-use submeters shall
be read within three days of the scheduled reading date of the retail public
ulAlty'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 retell 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) Muldalem bill. If Issued on a mulll-Item bill, charges for submetered or
allocated utility service must be separate and distinct from any other charges
on the bill.
(1) Information on bill. The bill must cieady state that the utility service Is
submetered orallocated, 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 retell 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 Arm rendering the bill and the name or tiffs, address, and
telephone number of the Arm 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 feel 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 orweekend, in which case the following work day will be the due date.
The owner shall record the date the bill Is mailed or hand delivered. A
payment is delinquent if not received by the due date.
(1) Estimated bill. An estimated bill may be rendered if a master motor,
Submeter, or point -of -use submeler has been tampered with, cannot be read,
or is out of order; and In such case, the bill must be distinctly marked as an
estimate and the subsequent bill must reflect an adjustment for actual
charges.
Q) Payment by tenant. Unless utility bills are paid to a third -party billing
company on behalf of the owner, or unless clearly designated by the tenant,
payment must be applied first to rent and then to utilities.
(k) Overbilling and underbllling. If a bill Is Issued and subsequently found to
be in error, the owner shall calculate a billing adjustment. If the tenant is due
a refund, an adjustment must be calculated for all of that tenant's bills that
included overcharges. If the overbilling or underbilling affects all tenants, an
adjustment must be calculated for all of the tenants' bills. If the tenant was
undercharged, and the cause was not due to submater 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 some length of time
as that of the underbilling. Adjustments for usage by a previous tenant may
not be back billed to a current tenant.
(I) Disputed bills. In the event of a dispute between a tenant and an owner
regarding any bill, the ownershall 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 lenantgives 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 penally.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction for violations under
this subchapter.
(b) Complaints. it 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) Some type submeters or point -of -use submeters required. All
submeters or point -of -use submeters throughout a property must use the
some unit of measurement, such as gallon, liter, or cubic toot.
(2) Installation by owner. The owner shall be responsible for providing,
Installing, and maintaining all submeters or point -of -use submeters
necessaryfor 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 pointof-use submeter may be placed in service unless Its
accuracy has been established. if any submater or point -of -use submeter
Is removed from service, it must be property tested and calibrated before
being pieced In service again.
(4) Accuracy requirements for submeters and point -of -use submeters.
Submetera must be calibrated as close as possible to the condition ofzero
error and within the accuracy standards established by the Amedcan 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
submetedng 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 pointof-use submeter records. The ownershall maintain
a record on each submeter or pointof-use submeter which Includes;
(A) an identifying number;
(B) the Installatlon date (and removal dale, 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 lest on request of tenant. Upon
receiving a written request from the tenant, the owner shall either:
(A) provide evidence, at no charge to the tenant, that the submeter or
point -of -use submeter was calibrated or tested within the preceding 24
months and determined to be within the accuracy standards established
by the AWWA for water meters or ASME standards for point -of -use
submeters; or
(B) have the submeter or pointof-use submeter removed and tested and
promptly advise the tenant of the test results.
(8) Billing for submeter or pointof-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 submalers.
(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) BIII 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 underbiliing that occurred because the submeter or point -of -use
submeter was In error.
(10) Submeter or pointof 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. AfterJanuary 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
submatered or allocated waterservice, 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 submatered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.6 gallons per
flush; and
(8) Install toilets that meet the standards prescribed by Texas Health
and Safety Code, §372.002.
(c) Plumbing fixture not applicable. Subsection (b) of this section does not
apply to a manufactured home rental community owner who does not own
the manufactured homes located on the property of the manufactured home
rental community.
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. 236C in the
Westdale Hills 2013, LP
Apartments in Euless
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 Pest control $2 per month
❑
Trash removallrecycling
❑
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.
5. 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.
Y. 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 ourservice 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.
Signs utO All Residents
_)W__
Signature of caner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Texas OR
the house, duplex, etc. located at (street address)
Apartments in
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
$ 7.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of
$ 0.00 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
C64�:D
Signature 6 wner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on
our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy
restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in
criminal trespass.
3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked):
❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and
their apartments.
❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their
vehicles and their apartments.
M Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing
office or M any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed
handguns are prohibited in both).
M Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing
office or M any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked,
openly carried handguns are prohibited in both).
❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm,
other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain
view.
4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that:
(a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease
or any community policies we issue;
(b) you have been provided the apartment community's policy or policies concerning firearms and will follow them;
(c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are
and that they are subject to the same policy or policies as you;
(d)you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(a) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe.
S. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and
agree that:
(a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety;
(b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation,
default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice
of a violation;
(c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we would have to you or any other household in the apartment
community to render any areas in the apartment community any safer, more secure, or improved as compared to any
other rental property;
(d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved
safety or security standards than any other rental property;
(a) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns,
firearms, or other weapons; and
(f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests'
cooperation and compliance.
Signatures otAll Residents Signature of wner or Owner's Representative
Texas Apartment Association
VIRUS WARNING AND WAIVER ADDENDUM
This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed
for Apt. No. In the
Apartments in
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 ur being on the Premises.
Date � �- Resident
Date
Date
Date
Date
Date
Date / !
Texas Apartment Association
Resident
Resident
Resident
Resident
Resident
v
Owner's Representative
Apartment name and unit number or street address of leased
premises
COMMUNITY POLICIES ADDENDUM
Addendum. This is an addendum to the Lease between you and us for Apt. No. in the
Apartments in
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:
0 at the onsite manager's office
® through our online portal
®bymailto 1401 Sotoarande Blvd Euless. TX 76040 or
®other: www.westdaleresidents.com
The following payment methods are accepted:
® electronic payment
® personal check
® cashier's check
® money order, or
ao other: www.westdaleresidents . com
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, stalns, 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; unretumed 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 retumed-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 paymentjoinfly 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:
M online portal
® email to
® hand delivery to our management office, or
IMother: The notice of intent to move out and work orders must be in written form onlv.
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 ont out of receivina these messaaes. please submit a written request to us by the method noted above.,
You aaree to receive these messaaes from us through an automatic telenhone dialino system. nrerecordediartificial voice
messaaes. SINS or text messaaes. or anv other data or voice transmission technoloov. Your agreement Is not required as a
condition of the ourchase of anv oronerty. aoods. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's
expense at any time if the vehicle: (a) has a flat 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;
(a) 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; (1) Is in a space that requires a permit or
is reserved for another resident or apartment; 0) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or
(m) is not moved to allow parking lot maintenance.
6. HVAC Operation. If the exterior temperature drops below 32° F you must keep the heat on and set to a minimum of 50' F. You must
also open all closets, cabinets, and doors under sinks to assist In keeping plumbing fixtures and plumbing pipes from freezing, and you
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32' F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we norany of ouragents, employees, management company, its agents, orhts employees shall be liable for any damage
orinjury that results from the use of anyAmenities 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 M 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:
Refer to Westdale Hills Community Policies Addendum
Signature of All Residents
Signature f Owner or Owner's Representative
Texas Apartment Association
WESTOALE ASSET MANAGEMENT
RENTER'S INSURANCE ADDENDUM
For the duration of the Lease Agreement, Lessee(s) is required to maintain and provide evidence of either
tenant liability Insurance or renter's insurance ("Required insurance"). Minimum coverage under Lessee's
tenant liability insurance or renter's insurance policy must be no less than: ($100,000) Limit of Liability for
Lessee's legal liability for damage to the landlord's property
Lessee(s) is required to furnish Lessor with evidence of Required Insurance prior to occupancy of leased
premises and at the time of each lease renewal period. If at any time Lessee does not have such
Insurance, Lessor has the right to 'force place' replacement coverage and charge Lessee a fee to cover
the expense for such insurance.
Lessee(s) may obtain Required Insurance from an insurance agent or insurance company of Lessee's
choice. If Lessee furnishes evidence of such insurance and maintains the insurance for the duration of
the Lease Agreement, then nothing more is required. If Lessee does not maintain Required Insurance,
the insurance requirement of this Lease Agreement may be satisfied by Lessor, who may schedule the
Lessee's unit for coverage under the Landlord -Placed Master Policy liability insurance("LPMP"). The
coverage provided under the LPMP will include Required Insurance coverage listed above. An amount
equal to the total cost to the Lessor of adding Lessee's unit to the LPMP policy shall be charged back to
Lessee by the Lessor, or the Lessor's authorized representative. Some important points of this coverage,
which Lessee should understand are:
1. Lessor is the Named Insured under the LPMP. Lessee is an Additional Insured under the tenant
liability component of the LPMP policy for liability arising from on -premises Bodily Injury and Property
Damage up to the Limits of Liability appearing above.
2. LPMP coverage is not personal liability insurance or renter's insurance. Lessor makes no
warranty or representation that LPMP covers the Lessee's personal property (contents) or
additional living expenses. Although coverage may be similar to a personal liability insurance
Policy or the liability portion of a Renters Insurance Policy, the LPMP may not protect Lessee
as if Lessee had purchased personal liability or renter's insurance from an Insurance agent or
insurance company of Lessee's choice. Certain restrictions apply.
3. Coverage only applies to liability arising on the residence premises. Lessee is not insured away from
the residence premises.
4. Coverage under the LPMP policy may be more expensive than the cost of Required Insurance
available to the Lessee. At any time, Lessee may contact an agent of their choice for personal liability
or renters insurance options to satisfy the Required Insurance under the Lease Agreement.
5. Licensed insurance agents may receive a commission on the LPMP policy.
6. The fee to cover the expense of this coverage shall be $20.00 per month.
Subject to the terms of the policy, LPMP will extend legal defense to Lessee in the event of actual or
alleged liability for bodily injury or property damage not otherwise excluded by the LPMP policy. LPMP is
designed to fulfill the insurance requirement of the Lease Agreement.
Scheduling under the LPMP policy is not mandatory and Lessee may purchase Required
Insurance from an insurance agent or insurance company of Lessee's choice at any time and
coverage under the LPMP policy will be immediately terminated.
RESIDEN��
Signature
Signature
Signature
Signature
Signature
Signature
*:iL�94
TSXASAPAtTr 0tTrA99OC7ArnON Federally Required Lead Hazard
Information and Disclosure Addendum
IMPORTANT NOTICE TO RESIDENTS: The following information Is taken from a brochure entitled"ProtectYourFamily from Lead in Your Home"prepared
by the U.S. Environmental Protection Agency, the U.S. Consumer Product Safety Commission and the U.S. Department of Housing and Urban Development.
While the information must be distributed to residents before they become obligated under the lease for most types of housing built before 1978,
It does not mean that the dwelling contains lead -based paint (LBP). The brochure was written In general terms and applies to both home purchasers
and renters. The Information outlines action that can betaken to test for, remove or abate LBP in a dwelling. The TAA Lease Contract ("Lease") specifically
prohibits a resident from performing this type of work —only the dwelling owner may do sounder the Lease. If you have any questions about the presence
of LBP in your dwelling, please contact the owner or management company before taking any action to test, abate or remove LBP. NOTE: Pagereferences
in the content of this form are to pages in the EPA brochure.
t
n
M—h 2021
Protect
Your
Family
From
Lead in
Your
Home
`01, rH United States
Environmental
Protection Agency
United States
Consumer Product
Safety Commission
e R ppj� °e Ued States
*•IIIIII�I t DepnaaamentofHousing
and Urban Development
Simple Steps to Protect Your Family
from Lead Hazards
Ifyou thinkyour home has lead -based paint:
• Don't try to remove lead -based paint yourself.
Always keep painted surfaces In good condition to minimize
deterioration.
Get your home checked for lead hazards. Find a certified
Inspector or risk assessor at epa.govAead.
Talk to your landlord about fixing surfaces with peeling or
chipping paint.
Regularly clean floors, window sills, and other surfaces
• Take precautionsto avoid exposure to lead dust when
remodeling.
• When renovating, repairing, or painting, hire only EPA- or state -
approved Lead -Safe certified renovation firms.
• Before buying,renting, or renovating your home, have it
checked for lead -based paint.
• Consultyour health rare provider about testing your children
for Iead.Your pediatrician can check for lead with a simple
blood test.
Wash children's hands, bottles, pacifiers, and toys often.
• Make sure children eat healthy, low -fat foods high in Iron,
calcium, and vitamin C.
• Remove shoes orwipe soil offshoes before entering your
house.
Are You Planning to Buy or Rent a Home Built
Before 1978?
Did you know that many homes built before 1978 have lead -based
paint? Lead from paint, chips, and dust can pose serious health
hazards.
Read this entire brochure to learn;
How lead gets into the body
• How lead affects health
• Whatyou can do to protect yourfamlly
• Where to go for more Information
Before renting or buying a pre-1978 home or apartment, federal
law requires:
• Sellers must disclose known information on lead -based paint or lead -
based paint hazards before selling a house.
Real estate sales contracts must include a specific warning statement
about lead -based paint Buyers have up to 10 days to check for lead.
• Landlords must disclose known information on lead -based paint
or lead -based paint hazards before leases take effect. Leases must
Include a specific warning statement about lead -based paint.
If undertaking renovations, repairs, or painting (RRP) projects in
your pre-1978 home or apartment.
• Read FPA'spamphlet, The Lead -Safe Certified GuldetoRenovate Right,
to learn about the lead -safe work practices that contractors are
required to follow when working in your home (see page 12).
Lead Gets into the Body in Many Ways
Adults and children can get lead Into their bodies if they:
• Breathe in lead dust (especially during activities such as renovations,
repairs, or painting that disturb painted surfaces).
• Swallow lead dust that has settled on food, food preparation surfaces,
and other places.
Eat paint chips or soli that contains lead.
Lead is especially dangerous to children under the age of 6.
• At this age, children's brains mar t7r
and nervous systems are r {
more sensitive to the I
damaging effects of lead. It _ _ „'; o
• Children's growing bodies
absorb more lead.
• Babies and young children
often put their hands
and other objects in their
mouths.These objects can
have lead dust on them.
Women of childbearing age should know that lead Is dangerous to
a developing fetus.
• Women with a high lead level In their system before or during
pregnancy risk exposing the fetus to lead through the placenta
during fetal development
m TEms APARTMENT ASSOCIATION, INC., 2021 PAGE 1 OF 5
Health Effects of Lead
CheckYour Family for Lead
Lead affects the body in many ways. It is Importantto know that
even exposure to low levels of lead can severely harm children.
In children, exposure to lead can cause:
rka�rq
Nervous system and kidney damage wee
Learning disabilities, attention -deficit
disorder, and decreased intelligence
Speech, language, and behavior
problems
Poor muscle coordination 1
Decreased muscle and bone growth
Hearing damage
While lowdead exposure is most common,
exposure to high amounts of lead can have p' aadoi'
devastating effects on children, including
seizures, unconsciousness, and In some cases, death.
Although children are especially susceptible to lead exposure, lead can
be dangerous for adults, too.
In adults, exposure to lead can cause:
Harm to a developing fetus
Increased chance of high blood pressure during pregnancy
Fertility problems (in men and women)
High blood pressure
Digestive problems
Nerve disorders
Memory and concentration problems
Muscle and joint pain
Where Lead -Based Paint Is Found
In general, the older your home or childcare facility, the more likely it
has lead -based paint'
Many homes, including private, federally -assisted, federally -
owned housing, and childcare facilities built before 1978 have
lead -based paint. In 1978, the federal government banned consumer
uses oflead-containing paint'
Learn how to determine if paint is lead -based paint on page 7
Lead can be found:
In homes and childcare facilities in the city, country, or suburbs,
In private and public single-family homes and apartments,
On surfaces Inside and outside of the house, and
In soil around a home. (Soil can pick up lead from exterior paint or
other sources, such as past use of leaded gas in cars.)
Learn more about where lead Is found at epa.gov/lead.
' 'Lead -based palnt•is currently defined by the federal government as paint with
lead levels greater than or equal to 1.0 milligram persquare centimeter (mg/cm'), or
more than OS% by weight.
' 'read -containing palnPls currently defined by the federal government as lead in new
dried paint in excess of 90 parts per million (ppm) by weight.
Get your children and home tested If you think your home has
lead.
Children's blood lead levels tend to Increase rapidly from 6 to 12
months of age, and tend to peak at 18 to 24 months of age.
Consultyour doctorfor advice on testing your children. A simple blood
test can detect lead. Blood lead tests are usually recommended for:
Children at ages 1 and 2
Children or other family members who have been exposed to high
levels of lead
Children who should be tested u rider your state'or local health
screening plan
Your doctor can explain what the test results mean and if more
testing will be needed.
a
identifying Lead -Based Paint
and Lead -Based Paint Hazards
Deteriorated lead -based paint (peeling, chipping, chalking,
cracking, or damaged paint) is a hazard and needs immediate
attention. Lead -based paint may also be a hazard when found on
surfaces that children can chew or that get a lot of wear and tear,
such as:
• On windows and window sills
Doors and door frames
Stairs, railings, banisters, and porches
Lead -based paint Is usually not a hazard if it is in good condition
and If it Is not an an Impact or friction surface like a window.
Lead dust can form when lead -based paint is scraped, sanded, or
heated. Lead dust also forms when painted surfaces containing
lead bump or rub together. Lead paint chips and dust can geton
surfaces and objects that people touch. Settled lead dust can reenter
the air when the home Is vacuumed or swept, or when people walk
through It. EPA currently defines the following levels of lead In dust as
hazardous:
10 micrograms per square foot (pg/ft') and higher for Floors,
including carpeted floors
• 100pg/ft'and higher for Interior window sills
Lead in soil can be a hazard when children play in bare soil or when
people bring soil Into the house on their shoes. EPA currently defines
the following levels of lead In soil as hazardous:
• 400 parts per million (ppm) and higher In play areas of bare soil
1,200 ppm (average) and higher in bare soil in the remainder
of the yard
Remember, lead from paint chips —which you can see. --and lead
dust —which you may not be able to see —both can be hazards.
The only way to find out if paint, dust, ar soil lead hazards exist is to
test for them. The next page describes how to do this.
®TEXAS APARTMENT AssocimoN, INC., 2021 PAGE 2 OF 5
CheckingYour Home for Lead
Checking Your Home for Lead, continued
You can get your home tested for lead in several different ways:
• A lead -based paint Inspection tells you ifyour home has lead -
based paint and where It is located. It won't tell you whether your
home currently has lead hazards. A trained and certified testing
professional, called a lead -based paint
Inspector, will conduct a paint Inspection Ak;
using methods, such as: ,
Portable x-ray fluorescence (XRF) machine
Lab tests of paint samples
A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soll. It also tells you what
actions to take to address any hazards. A
trained and certified testing professional,
called a risk assessor, will:
Sample paint that is deteriorated on doors, windows, floors, stairs,
and walls
Sample dust near painted surfaces and sample bare soil in the
yard
Get lab tests of paint, dust, and soil samples
• Acombination Inspection and risk assessment tells you Ifyour home
has any lead -based paint and ifyour home has any lead hazards, and
where both are located.
Be sure to read the report provided to you i fteryour inspection or risk
assessment is completed, and ask questions about anything you do not
understand.
What You Can Do Now to Protect Your Family
If you suspect that your house has lead -based paint hazards, you
can take some Immediate steps to reduce your family's risk:
If you rent, notify your landlord of peeling or chipping paint.
Keep painted surfaces clean and free of dust. Clean floors, window
frames, window sills, and other surfaces weekly. Use a mop or sponge
with warm water and a general all-purpose cleaner. (Remember:
never mix ammonia and bleach products together because they can
form a dangerous gas.)
Carefully clean up paint chips Immediately without creating dust.
Thoroughly rinse sponges and mop heads often during cleaning of
dirty or dusty areas, and again afterward.
Wash your hands and your children's hands often, especially before
they eat and before nap time and bed time.
Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed
animals regularly.
Keep children from chewing window sills or other painted surfaces, or
eating soil.
When renovating, repairing, or painting, hire only EPA- or state -
approved Lead -Safe Certified renovation firms (see page 12).
Clean or remove shoes before entering your home to avoid tracking
In lead from soil.
Make sure children eat nutritious, low -fat meals high in iron, and
calcium, such as spinach and dairy products. Children with good diets
absorb less lead.
In preparing for renovation, repair, or painting work In a pre-1978
home, Lead -Safe Certified renovators (see page 12) may,
Take paint chip samples to determine if lead -based paint is
present In the area planned for renovation and send them to an
EPA -recognized lead lab for analysis. in housing receiving federal
assistance, the person collecting these samples must be a certified
lead -based paint Inspector or risk assessor
• Use EPA -recognized tests kits to determine if lead -based paint is
absent (but not in housing receiving federal assistance)
• Presume that lead -based paint Is present and use lead -safe work
practices
There are state and federal programs in place to ensure that testing is
done safely, reliably, and effectively. Contact your state or local agency
for more information, visit epa.gov/lead, or call 1-800-424-LEAD
(5323) for a list of contacts in your area?
8
' Hearing- or speech -challenged individuals may access this number through TrY by
calling the Federal Relay Service at 1-800-877-M9.
Reducing Lead Hazards
Disturbing lead -based paint or
removing lead improperly can
increase the hazard toyourfamllyby
spreading even more lead dust around
the house.
- !:
In addition to day-to-day cleaning
and good nutrition, you can
;L -
temporarily reduce lead -based paint
rA4.
hazards by taking actions, such asµu
repairing damaged painted surfaces
and planting grass to cover lead-
contaminated soil. These actions are 11
not permanent solutions andwillneed T
ongoing attention. �9
• You can minimize exposure to lead
when renovating, repairing, or painting by hiring an EPA- or state -
certified renovatorwho is trained in the use of lead -safe work
practices. Ifyou are a do-it-yourselfer, learn howto use lead -safe
work practices in your home.
• To remove lead hazards permanently, you should hire a certified lead
abatement contractor. Abatement (or permanent hazard elimination)
methods include removing, sealing, or enclosing lead -based paint
with special materials.Just painting over the hazard with regular
paint is not permanent control.
Always use a certified contractor who Is trained to address lead
hazards safely.
Hire a Lead -Safe Certified firm (see page 12) to perform renovation,
repair, or painting (RRP) projects that disturb painted surfaces.
• To correct lead hazards permanently, hire a certified lead abatement
contractor. This will ensure your contractor knows how to work safely
and has the proper equipment to clean up thoroughly.
Certified contractors will employ qualified workers and follow strict
safety rules as set by their state or by the federal government.
0 TEXAs APARTMENT Assoclmion, INc„ 2021 PAGE 3 OF s
Reducing Lead Hazards, continued
Ifyour home has had lead abatement work done or if the housing is
receiving federal assistance, once the work Is completed, dust cleanup
activities must be conducted until clearance testing indicates that lead
dust levels are below the following levels:
• 10 micrograms per square foot (pg/ft') for floors, Including carpeted
floors
100 pg/ftz for Interior windows sills
400 pg/ft2 for window troughs
Abatements are designed to permanently eliminate lead -based
paint hazards. However, lead dust can be reintroduced Into an
abated area.
Use a HEPA vacuum on all furniture and other items returned to the
area, to reduce the potential for reintroducing lead dust.
Regularly clean floors, window sills, troughs, and other hard surfaces
with a damp cloth or sponge and a general all-purpose cleaner.
Please see page 9 for more Information on steps you can take to
protect your home after the abatement. For help in locating certified
lead abatement professionals In your area, call your state or local
agency (see pages 15 and 16), epa.govAead, or call 1-800-424-LEAD.
12
Other Sources of Lead
Lead in Drinking Water
The most common sources of lead in drinking water are lead pipes,
faucets, and fixtures.
Lead pipes are more likely to be found In older cities and homes built
before 1986.
You can't smell or taste lead In drinking water.
To find out for certain Ifyou have lead in drinking water, have your
water tested.
Remember older homes with a private well can also have plumbing
materials that contain lead.
Important Steps You Can Take to Reduce Lead in Drinking Water
Use only cold water for drinking, cooking and making baby formu la.
Remember, boiling water does not remove lead from water.
Before drinking, flush your home's pipes by running the tap, taking a
shower, doing laundry, or doing a load ofdishes.
Regularly clean yourfaucet's screen (also known as an aerator).
Ifyou use a filter certified to remove lead, don't forget to read the
directions to learn when to change the cartridge. Using a filter after it
has expired can make it less effective at removing lead.
Contact your water company to determine If the pipe that connects
your home to the water main (called a service line) is made from lead.
Your area's water company can also provide information about the lead
levels in your system's drinking water.
For more Information about lead in drinking water, please contact
EPA's Safe Drinking Water Hotline at 1-800-426-4791. Ifyou have other
questions about lead poisoning prevention, call 1-800 424-LEAD *
Call your local health department or water company to find out about
testing your water, or visit epa.gov/safewater for EPA's lead in drinking
water information. Some states or utilities offer programs to pay for
water testing for residents. Contact your state or local water company
to learn more.
Hearing -or speech -challenged Individuals may access this number throughTrY
bycalling the Federal Relay Service at 1-800-877.8339.
13 14
Renovating, Repairing or Painting a Home
with Lead -Based Paint
Ifyou hire a contractor to conduct renovation, repair, or painting
(RRP) projects In your pre-1978 home or childcare fa cility (such as
pre-school and kindergarten), your contractor must:
• Be a Lead -Safe Certified firm approved by EPA or an
EPA -authorized state program � ST111 nt(1 i
•Use quaMail trained Individuals (Lead -Safe
Certified follow lead -safe
rtifi
`)r�
k`
renovators) who specific
work practices to prevent lead contamination
• Provide acopy ofEPA's lead hazard information
document The Lead Certified Guide to
-Safe
Renovate Righr
RRP contractors working in pre-1978 homes and childcare facilities
must follow lead -safe work practices that:
• Co ntain the work area.The area must be contained so that dust and
debris do not escape from the work area. Warning signs must be put
up, and plastic or other Impermeable material and tape must be used.
• Avoid renovation methods that generate large amounts of
lead -contaminated dust. Some methods generate so much lead -
contaminated dust that their use is prohibited.They are:
• Open -flame burning or torching
• Sanding, grinding, planing, needle gunning, or blasting with
powertools and equipment not equipped with a shroud and
HEPA vacuum attachment
• Using a heat gun attemperatures greater than 11001
• Cleanup thoroughly, The work area should be cleaned up daily.
When all the work is done, the area must be cleaned up using special
cleaning methods.
• Dispose of % aste properly. Collect and seal waste In a heavy duty
bag or sheeting. When transported, ensure that waste is contained to
prevent release of dust and debris.
To learn more about EPA's requirements for RRP projects, visit
epa.goWgetteadsafe, or read The Lead5afe Certified Guide to
Renovate Right.
Other Sources of Lead, continued
• Lead smelters or other industries that release lead into the air
• Your job.lf you work with lead, you could bring It home on your body
or clothes. shower and change clothes before coming home. Launder
yourwork clothes separately from the rest ofyour family's clothes.
Hobbies that use lead, such as making pottery or stained glass,
or refinishing furniture. Call your local health department for
Information about hobbles that may use lead.
• Old toys and furniture may have been palnted with lead-contalning
paint. Oldertoys and other childrens products may have parts that
contain lead!
• Food and liquids cooked or stored in load crystal or lead -glazed
pottery or porcelain may contain lead.
Folk remedies, such as "greta" and "azarcon," used to treat an upset
stomach,
a In197e, the federal government banned toys, otherchildren's products, and furniture
with lead -containing paint In 2ooa, the federal government banned lead Inmost
chlldrens pmducts.The federal government currently bans lead in excess of too ppm
®TExAs APARTMENT AssoclATlon, INC., 2021 PAGE 4 of 5
For More Information
The Natl...l toad Information Center
Learn how n " to pmtecrehlldren from lead poisoning and get other
Informatiobout Iead hand. en the Web at 9Pa.gov/safasvator and
hutl.govAead, or oi11.800.12hLEAD i5323).
EPAs Safe Drinking Water Hotline
For informalbn about lead In drinking water call 1a0o426-s)9T, or
visit epegov/lead for Information aboutlead In drinking water.
Forinformatbn on ked InrytoCo anJ pother consumnrtlinducts, orm
report an unsafe consumerpr�oduct or a p,oducraele'ted Injury, oil
1-a00-63 Xrt vl orait CPSCS wabsile at tp 1c or
Nlerp,od,ctsgpw
State and Local Health and environmental Agencies
Some stales' pihe; and c111as have their own roles re4ted to lead-
bued paint. Check wllh your local aganry to see which laws apply
.load b t,m, n turn In yousrarrea,and on poulblesources of
Amndal aid forreducing bad hoards. Recent up-to-date address
endphone Inlormat,,, /pr your au[e arlocalo, I;'As onthe Webat
epa.gov/safewn,e4 orcontact she Nntso-I taad Informatl., Center at
1-600i 4-LBAD.
H wing-er tteeeh-chellenggeetl lndMdualc meyyn ss yyo/the
ghone numb In this broehurethroughllYbycallingshetoll-
et redaral Relay SeMce at 1-800-877.8339.
Consumer Product Safety Commission (CPSC)
The CPSCplotecu the public against unroasonabk risk oflnjuryF
IMPORTANT!
from consumer prgducu shroueh educa[lon, safety standards
Mdar, and enrorament. Contact CPSC for further lnformmionrom
Paint, Duspand SolNn and
regerdfr,g consumer product safety end reguiadons.
Your Home Can Be Dangerous If
CPSC
4330 East West Highway
Not Managed Propetly
Bethesda,MD20B14 2l
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y.,home
cpscgov orsaferproduces.govV.S.De
tmentofHouinn dUrbanorl,
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Development (HUD)
• Homu, schools, and child can Wide, bdk before 1978
HUD's mission is to create ctrong.surtalneble, Inclusive
are ikeyto contsinindbased Paint
unities and qua lily, affordable homes for .IL Office of
Lead Hazard Control and He, lthy Homes for fu rth a,Information
•Nan shl'drcn whoseemhnithymayhm dargrrwr
regardingthe Lead Safe Housing Rula,whtch protecuf—Ines In
kvelsof kadin theRbodlet
pro-1978 assisted housing, and for the load hazard control and
research grant programs.
. prturb'ng surfacesWthlndbased pintorrerravtng
kadbned Ps Int tmprppry on Inoease ih a dangv tp
HUD
.51 Seventh StW,Room 8236
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Wash DCC 204120410-3000
• Peop4 mn 9elkad Into the4 bodkf bJbyathln9 or
(202)402-7698
s 11-Ingleadduu,or byotingsoilINplmchip,
hud.govA.ad
con aWr9kad.
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0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785
0 EPA Region 6 Office (includes Texas)-214/665-2704 0 CPSC-800/638-2772 0 National Lead Information Center-800/424-5323
FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT
OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS
LEADWARNING STATEMENT Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health haz-
ards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors
(owners) must disclose the presence of known lead -based palnt and/or lead -based paint hazards in the dwelling. Lessees (residents) must also receive
a federally approved pamphlet on lead poisoning prevention. (This addendum is a °pamphlet"within the meaning of federal regulations. The term "In
the housing"below means either inside or outside the housing unit.)
LEAD-FREE HOUSING If the housing unit has been certified as "lead free according to 24 CFR Section 35.82, the lead -based paint and lead -based
paint hazard regulations do not apply, and it is not necessary to provide this addendum, or a lead -based paint warning pamphlet and lead -based paint
disclosure statement, to the lessee (resident).
LESSOR'S DISCLOSURE
Presence of lead -based paint and/or lead -based paint hazards (checkonlyone box)
® Lessor (owner) has no knowledge of lead -based paint and/or lead -based paint hazards in the housing.
Cl Lessor (owner) knows that lead -based paint and/or lead -based paint hazards are present in the housing (explain).
Records and reports available to lessor (check only one box)
® Lessor (owner) has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing.
❑ Lessor (owner) has reports or records indicating the presence ofsome lead -based paint and/or lead -based paint hazards in the
housing, and has provided the lessees (residents) with all such records and reports that are available to lessor (list documents).
Agent's Statement. If another person or entity is Involved in leasing the dwelling as an agent of the lessor (i.e., as a management company, real estate
agent or locator service acting for the owner), such agent represents that: (1) agent has informed the lessor ofthe lessor's obligations under 42 U.5.C.
4852(d); and (2) agent Is aware of agent's responsibility to ensure that lessor complies with such disclosure laws. Such compliance may be through
lessor himself or herself, or through lessor's employees, officers or agents. Lessor's obligations Include those In 24 CFR Sections 35.88 and 35.92 and 40
CFR Sections 745.107 and 745.113. Agent's obligations Include those in 24 CFR Section 35.94 and 40 CFR Section 745,115.
Accuracy Certifications and Resident's Acknowledgment. Lessor and any agent named below certify that to the best oftheir knowledge the above
information and statements made or provided by them, respectively, are true and accurate. The person who signs for the LESSOR may be: (1) the owner
himself or herself; (2) an employee, officer or partner of the owner, or (3) a representative of the owner's management company, real estate agent or
locator service If such person is authorized to sign for the Iessor.The person who signs for the AGENT may be: (1) the agent himself or herself; or (2) an
employee, officer or partner of the agent Ifsuch person Is authorized to sign forthe agent•The lessees (residents) signing below acknowledge that they
have received a copy ofthisTAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure
form and pamphlet information required by federal law regarding lead poisoning prevention.
Westdale Hills 2013, LP, 1617 El Camino Real, #236c #236C
Apartment name & unit number OR street address of dwelling
Euless, TX/y 76/0'�40
cry/5IP /'"Q_(.rJ! l — Allu
Lessee (Resident) Date signed Lessee (Resident) Date signed
Lessee (Resident) Date signed Lessee (Resident) Date signed
Lessee (Resident) Date signed Lessee (Resident) Date signed
Westdale Hills 2013, LP Westdale Hills Apartments
Printed eo SSOR(owner)ofthedwelling Printed name of any AGENT of lessor, i.e., management company, real
estate agent or locator service involved in leasing the dwelling
Signature of pe s'on signing on behalf of above LESSOR (fate signed Signature of person signing on behalf of above AGENT, Ifany Date signed
You are entitled to receive a copy of thisAddendum after Iris fullysigned, Keep it Ina safe place.
TAA Official Statewide Form 21-AA/BB/CC
PAGE SofS Copyright October,2021,Texas Apartment Association, Inc. at.7_t
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 an 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 0 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; (B) 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."
DSignatures of All Residents
Texas Apartment Association
signa eerr or Owner's Repr tative
bate
. . . 144
raiZwo:
n•i?�Ar; nrclrrku;�;i°,4ssttr.:(,a�i•ir:>,�
Bed Bug Addendum
Please note: We Warit to nJdintaln 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 forthe dwelling described below:
Apt.# 236C at Westdale Hills
2013, LP
(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 befound
in the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed -bug infestation In the dwelling.
BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-
TATIONS. OR
• YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES-
TATION.
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 ifthose
dwellings are not the source or cause of the known infestation. Si-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and possessions
treated according to accepted treatment methods by a licensed
pest -control firm that we approve. You agree not to treat the dwell-
ing for a bed -bug infestation on yourown.
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 thatyou 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 licensed pest -control
professional or other authoritative source.
6. Cooperation. Ifweconfirm the presence orInfestation ofbedbugs,
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 rightto 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. Ifwe confirm the presence or Infestation
ofbed bugs afteryou 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. lfwe allowyou 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) Owner or Owner's Representative (sign below)
PalJ (_1 J° 1:7, C-� --�� I -;-�
(Name of Resident) Date signed 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
You are entitled to receive a copy of this Addendum after itis fully signed. Keep it in a safe place.
TAA Official Statewide Form 231J, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
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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\%,
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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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:
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Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating - $45,000.00:
Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration - $327,111,90: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
AGENCY
r
BChristian Learning
enter
(Boys & Girls Clubs of
Greater Tarrant County,
Camp Fire First Texas
Cancer Care Services
TABLE 1: CDBG AGENCIES
IICONSOLIDATED PLAN
GOAL
Children and Youth
Services
Children and Youth
Inc. Services
Children and Youth
Services
Healthy Living and
Wellness
Easter Seals North Texas, Economic
Inc. Empowerment and
Financial Resilience
PROGRAM II AMOUNT
Out of School Time
$78,218.00
Program
Youth Development
$70,000.00
at Eastside Branch
Teens In Action
$50,000.00
Cancer Care
$50,000.00
Services
Employment
Services $60,000.00
Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00
County Services II
Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001
I i i u i
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Housing Channel
(Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals -On -Wheels, Inc. of
Tarrant County
NPower Inc.
The Ladder Alliance
The Women's Center of
Tarrant County, Inc.
Promote Affordable
Housing for Renters and
Owners
Children and Youth
Services
Children and Youth
Services
Aging In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Housing Counseling
& Education
l Cradle to Career II
Initiative
ItMaroon 9 Teen
richment Program
(Nutrition Program II
"Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
Development
Employment
Solutions
$111,000.00
$25,000.001
$25,000.00I
$75,000.00I
$25,000.00
l�M
$75,000.00
Holistic Educational
(United Community Centers, (Children and Youth ��Literacy
$125,000.00
Inc. Services Program
JCDBG Public Services Agencies Total
II$1,049,218.001
Rehabilitation, Education
and Advocacy for Citizens Accessibility Project Ramp
$165,000.00
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for Housing Preservation
Humanity, Inc. DBA Trinity Cowtown Brush Up
$455,000.00
and Rehabilitation
Habitat for Humanity
JCDBG Subrecipient Agencies Total
I $620,000.001
TOTAL CDBG CONTRACTS
11$1,669,218.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM
AMOUNT
AIDS Outreach Administration, Support Services, Short -Term Rent,
Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Based Rental Assistance
Tarrant
Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00
Inc. g' Services, Tenant -Based Rental Assistance (TBRA)
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY
IThe Presbyterian Night Shelter of Tarrant
County, Inc.
Lighthouse for the Homeless dba True Worth
Place
. 4 .
Shelter Operations/Services
Day Shelter
Operations/Services
1$1,729,850.00
11 AMOUNT 1
II$116,635.00I
11$158,400.001
11 1
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IThe Salvation Army
Center for Transforming Lives
ISafeHaven of Tarrant County
TOTAL ESG CONTRACTS
IlHomelessness Prevention
IlRapid Re -Housing
JIShelter Operations/Services
All figures have been rounded to the nearest dollar for presentation purposes.
available in ALL COUNCIL DISTRICTS.
$150,000.00
II $75,901.001
II $63,816.001
11$564,752.001
These programs are
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund I Department Account I Project I Program Activity
ID ID
FROM
Fund Department Account Project
p 1
ID I I ID
Submitted for Citv Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budgetl Reference #
Year I (Chartfield 2)
Budget Reference #
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
Amount
Amount
19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal)
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Action Plan SOS Filings.pdf (Public)
ConPlan July 12 Public Hearinq.pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2,
2023.m)tx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx, (Public)
ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx
(Public)
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