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HomeMy WebLinkAboutContract 53280-R5A553280-R5A5 RENEWAL FIVE AND AMENDMENT FIVE TO CITY OF FORT WORTH CONTRACT NO. 53280 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and SAMUELS AVENUE LP, ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on DECEMBER 19, 2019, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53280 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Agreement's Initial Term was from NOVEMBER 1, 2019 to SEPTEMBER 30, 2020 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the parties most recently renewed the Agreement for its FOURTH Renewal Term beginning AUGUST 1, 2023 and ending JULY 31, 2024; and WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE, City and Landlord do hereby agree as follows: I RENEWAL OF AGREEMENT The Parties agree to renew the Agreement for an additional term beginning AUGUST 1, 2024 and expiring JUNE 30, 2025 ("Fifth Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. II AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 1. Section 3.1 Security Deposit shall be amended and replaced as follows: 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 OFFICIAL RECORD CSC No. 53280- Renewal FIVE and Amendment FIVE CITY SECRETARY Page I of 5 CoFW and SAMUELS AVE. LP FT. WORTH, TX 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. 2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 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 $755.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the First Renewal Term is $755.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Second Renewal Term is $755.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Third Renewal Term is $755.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Fourth Renewal Term is $922.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Fifth Renewal Term is $1,082.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $156.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for $144.00 of rent per month for the Unit. The Tenant during the Second Renewal Term shall be responsible for $137.00 of rent per month for the Unit. The Tenant during the Third Renewal Term shall be responsible for $175.00 of rent per month for the Unit. The Tenant during the Fourth Renewal Term is $71.00 per month for the Unit. The Tenant during the Fifth Renewal Term is $182.00 per month for the Unit. During the Initial Term City shall pay $599.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During Tenant's First Renewal Term, the City Portion shall be $611.00. During Tenant's Second Renewal Term, the City Portion shall be $618.00. During Tenant's Third Renewal Term, the City Portion shall be $580.00. During the Tenant's Fourth Renewal Term, the City Portion shall be $851.00. During the Tenant's Fifth Renewal Term, and until this agreement expires or Landlord is notified by City otherwise, the City Portion shall be $900.00. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. CSC No. 53280- Renewal FIVE and Amendment FIVE Page 2 of 5 CoFW and SAMUELS AVE. LP 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. 3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month 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. 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. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURE PAGE FOLLOWS] CSC No. 53280- Renewal FIVE and Amendment FIVE Page 3 of 5 CoFW and SAMUELS AVE. LP IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective August 1, 2024. FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Aug 18, 2024 APPROVAL RECOMMENDED K" Name: Kacey Bess Title: Interim Director APPROVED AS TO FORM AND 9¢. LEGALt/i Cthtd Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C; ynd -e- G arzal Name: Cyndee Garza Title: Senior Eligibility Specialist FOR LANDLORD: Me�cce�%� 1Na�% Mercedes Walker (Aug 14, 202416:40 CDT) Name: Mercedes Walker Title: Authorized Representative Date: Aug 14, 2024 ATTEST: Name: Jannette Goodall Title: City Secretary Date: Aug 19, 2024 M&C No.: 23-0631 aonvnpIl 4 a �boo lo F 0�.1d �o Pvo 0=4 °aQ000000.a 4Il �'EXA5a4p IlLaaaad OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 53280- Renewal FIVE and Amendment FIVE Page 5 of 5 CoFW and SAMUELS AVE. LP :` This Lease is valid only iffilled out before January 1, 2026. I I•I's VS AI'AR I \II•:NT Assut:INI ION Apartment Lease Contract This is a binding contract, Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we, "'us," and "our" refer to the owner listed below. PARTIES Residents LEASE DETAILS A. Apartment (Par.2) Ends at 11:59 p.m. on: 06/30/2025 C. Monthly Base Rent (Par. 3) E. Security Deposit (Par.5) F. Notice of Termination or Intent to Move Out (Par.4) $ 1082.00 $ 150.00 Aminimum of 60 days'written notice of termination or intent to move out required at end of Initial Lease term or during renewal period Note that this amountdoes not D. Prorated Rent include any Animal Deposit, which Ifthe number of days isn't filled in, notice ofat least 30 days $ 1829.00 would be reflected in an Animal is required. M due fortheremainder oflst Addendum. month or ❑ for 2nd month G. Late Fees (Par.3.3) Initial Late Fee Daily Late Fee ® 10 %of one month's monthly base rent or ❑ 96 of one month's monthly base rent for days or ❑ $ 10.00 ❑ $ 0.00 for _ days Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day ofthe month H. Returned Check or Rejected J. Early Termination Fee Option (Par, 7.2) K. Violation Charges Payment Fee (Par.3.4) $ $ 75.00 Animal Violation (Par.12.2) Notice of 60 days is required. Initial charge of$ 100.00 per animal (not You are not eligible for early termination if to exceed $100 per animal) and 1.Relettin Charge 9 9 youareindefault. Adailychargeof$ 10.00 per animal A relettin charge of $ 919.70 9 9 Fee must be paid no later than 14 (not to exceed $10 per day per animal) days after you give us notice (not to exceed 85%of the highest monthlyRentduring the Lease term) Ifanyvalues ornumber ofdaysare blank or"o," Insurance Violation (Master Lease Addendum may be charged in certain default then thissectiondoes notapply, or other separateaddendum) situations $ L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 0.00 Cable/satellite $ Internet $ Package service $ Pest control $ Stormwater/drainage $ Trash service $ Washer/Dryer $ Other: $ Other: $ Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ 50 .00 (not to exceed $50) to be paid within 5 days of written notice (Par.3.5) N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: $ Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $ Special Provisions. See Par.32 or additional addenda attached.This Lease cannot be changed unless in writing and signed by you and us. a ynt Lease Contract02023, Texas Apartment Definitions. The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign this Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed in this Lease who are also autho- rized to live in the apartment, but who do not sign this Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" In this Lease means 'including but not limited to, 1.5. "Community Policies" are the written apartment rules and policies, Including property signage and instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. 1.7. "Lease" includes this document, any addenda and attachments, Community Policies and Special Provisions. 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 to you relating to the apartment are only approximations or estimates, actual dimensions and sizes may vary. 2.3. Representations. You agree that designations oraccredi- tations associated with the property are subject to change. Rent. You must payyourRenton or before the fstdayofeach month (due date) without demand. There are no exceptions regarding the payment of Rent, and you agree not paying Rent on or before the 1st of each month Is a material breach of this Lease. 3.1. Payments. You will pay your Rent by any method, manner and place we specify in accordance with this Lease. Cash Is not acceptable without our prior written permission. You cannot withhold or offset Rent unless authorized bylaw. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. 3.2. Application of Payments. Payment ofeach sum due is an independent covenant, which means payments are due regardless ofour performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. 3.3. Late Fees, if we don't receive your monthly base rent in full when it's due, you must pay late fees as outlined in Lease Details. 3.4. Returned Payment Fee. You'll pay the fee listed In Lease Details for each returned check or rejected electronic payment, plus Initial and daily late fees ifapplicable, until we receive full payment in an acceptable method. 3.5. Utilities and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined In this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. If your electricity is Interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends. If a utility is individually metered, It must be connected In your name and you must notify the provider of your move - out date. If you delay getting service turned on in your name by this Lease's start date or cause It to be transferred back Into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost ofthe utilities used while the utility should have been billed to you. If your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back Into our name after you move out, 3.6. Lease Changes. Lease changes are onlyallowed during the Lease term or renewal period if governed by Par.10, specified in Special Provisions In Par.32, or by a written addendum or amendment signed by you and us. At or after the end of the initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice contained in Box F on page 1 in writing from us to you. Your new Lease, which may include increased Rent or Lease changes, will begin on the date stated In any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as required by Par. 25 and specified on page 1. If the number of days isn't filled in, no- tice of at least 30 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 Deduction s. You must a ive us vour advance notice of move out as provided 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 by law, we may deduct from your security deposit any amounts due under this Lease, if you move out early or in response to a notice to vacate. vou'll be liable for rekevina charges. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance. Ourinsurance doesn'tcover the loss ofordamage to your personal property. You will be required to have liability insur- ance as specified In this Lease unless otherwise prohibited by law. If you have Insurance covering the apartment or your personal belong- ings at the time you or we suffer or allege a loss, you agree to require your insurance carrierto waive any insurance subrogation rights. Even If not required, we urge you to obtain your own insurance for losses due to theft, fire, Rood, water, pipe leaks and similar occurrenc- es. Most renter's insurance policies don't cover losses due to a Rood. 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 fora reletting charge as listed in Lease Details, (not to exceed 85% of the highest monthly Rent during the Lease term) if you: (A) fail to move in, or fail to give written move -out notice as required in Par. 25, (B) move out without paying Rent In full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. The reletting charge is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, Including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident.These damages are uncertain and hard to ascertain —particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees, You agree that the reletting charge is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Option Procedure, In addition to your termination rights referred to in 7.3 or 8.1 below, if this provision applies under Lease Details, you may opt to terminate this Lease prior to the end ofthe Lease term if all of the following occur, (a) as outlined In Lease Details, you give us written notice of early termination, pay the Early Termina- tion Option fee in full and specify the date by which you'll move out; (b) you are not in default at any time and do not hold over, and (c) you repay all rent concessions, credits or discounts you received during the Lease term. If you are In default, the Lease remedies apply. 7.3. Special Termination Rights, You mayhave the right under Texas law to terminate this Lease early in certain situations Involving military deployment or transfer, family violence, certain sexual offenses, stalking or death of a sole resident. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay Is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. lfwe 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 apartment will be ready for you to occupy on a specific date, you may terminate this Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposit(s) and any Rent you paid. Page2of6 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charg- es, or cost of repairs or service in the apartment community because of a Lease violation; Improper use, negligence, or other conduct by you, your Invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or Inaction. Unless damage or wastewaterstoppage Is due to our negligence, we're not liable for —and you must pay for —repairs and replace- ments occurring during the Lease term or renewal period, Includ- ing: (A) damage from wastewater stoppages caused by improper objects In lines exclusivelyserving your apartment, (B) damage to doors, windows, orscreens, and (C) damage from windows or doors le/topen. a 10. Community Policies. Community Policies becomepartofthis Lease andmustbe followed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately if the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts owed under this Lease. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our solejudgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than 3 days in one week without our prior written consent, and no more than twice that many days in any one month. If the previous space isn't filled in, 2 days total per weekwill 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 of anyfelony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors, Noise and Construction. You agree that odors and smells (including those related to cooking), everyday noises or sounds related to repair, renovation, improvement, or construction in or around the property are all a normal part of a multifamily living environment and that it is impractical for us to preventthem from penetrating your apartment. 11. Conduct. You agree tocommunicate and conductyourselfinalaw- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas.Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence, possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or otherweapon In the common area, or In a waythat may alarm others; (b) behaving in aloud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances, (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; (I) heating the apartment with gas -operated appliances, Q) making bad -faith or false allegations against us or our agents to others; (k) smoking ofanykind, that Isnot inaccordance 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 ofany kindare allowed, even tempo- rarily, anywhere In the apartment or apartment community un- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals Is a breach ofthis Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours, and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death ofthe animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. Ifyouor any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought into your apartment until it is removed. Van animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and dailyanimal-violationcharges and animal -removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes oftransportation, including bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not in compliance with this Lease. 14. When We May Enter. Ifyou or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes if written notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. alit (ant lease Contract 02023, 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyou or any occupontneeds to send request —for example, for repairs, installations, services, ownership disclosure, orsecurity-related matters — it must be written and delivered to our designated representative In accordance with this Lease (except for fair -housing accommodation or modification requests or situations Involving Imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress), Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices 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 andrepairs, including whether or which vendors to use, are within oursole discretion. 15.2. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks 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 lithe work Is done reasonably without substantially increasing your utility costs. We may turn offequipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative Immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. Mwe fall to timely repair a condition that materially affects the physical health or safety ofan ordinary resident as required by the Texas Property Code, you maybe entitled to exercise remedies under§ 92.056 and § 92.0561 of the Texas Property Code. If you follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination ofthis Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92.0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; and 4) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in Our solejudgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose of your personal property if, in our solejudgment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination ifwe are demolishing your apartment or closing It and It will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding, 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your 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 of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices, We'll nav for missina securitv de- vices that are reauired bvlaw. You'll oavfor! (A) rekevina that you reauest (unless we failed to rekev after the previous resi- dent moved out): and (e) reoairs or renlacements because of misuse ordamaae bvvou orvour familv. vour occuuants. orvour guests. YoumustpayImmediatelyaftertheworkisdoneunlessstate law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide atno cost to you when occupancy begins: (A) a w)ndowlatch on each window, (B) a doorviewer (peep- hole or window) on each exterior door; (C) a pin lock on each sliding door, (D) either a door -handle latch or a security baron each sliding door; (E) a keyless bolting device (deadbolt) on each exterfordoor, and (F) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the prior resident moves out. The rekeying will be done either before you move In or within 7 days afteryou move in, as required bylaw. If we fail to in- stall orrekey security devices as required by law, you have the right to do so and deduct the reasonable cost from your next Rent pay- ment under Texas Property Code sec, 92.165(1). We may deactivate ornot install keyless bolting devices on your doors if (A) you oran occupant in the dwelling is over 55 or disabled, and (B) the require- ments ofTexas Property Code sec, 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance, We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. If you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec.92.2611 for$100plusone months Rent actual damages, and attorney's fees. 18.2. Duty to Report. You must immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable ifyou fall to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, orwater. 19. Resident Safety and Loss. Unless otherwise requiredbylow, none ofus, our employees, agents, ormanagement companies are liable to you, yourguests oroccuponts foranydamage, personal injury, loss to personal property, orloss ofbusiness or personal income, from anycause, including but not ilmited to: negligent or Intentfon- alactsofresidents,occupants, orgueststheft, burglary, assault vandalism or other crimes fire, Rood, waterleaks, rain, hail, Ice, snow,smoke, lightning, wind, explosions, interruption ofudlities, pipe leaks orother occurrences unless such damage, injuryorloss is caused exclusively by our negligence. We do not warrant security of any kind. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fall -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 ofan intrusion alarm will be charged to you, including, but not limited to, any false alarms with police/fire/ambulance response or other 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 of the form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed Inside or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrockwalls 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- a11Q1! or6 bells, or lock changes, additions, or rekeying is permitted unless required bylaw or we've consented in writing. You may Install a satellite dish or antenna, but only if you sign our satellite dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, in- cluding exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. Z3. All notices and documents will be in English and, at our option, in any other language that you read orspeak. 21.1. Electronic Notice. Notice maybe given electronically by us toyou If allowed by law. If allowed by law and in accordance with this Lease, electronic notice from you to us must be sentto the email address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address Ifallowed in this Lease. You represent that you have provided your current email address to us, and thatyou will notify us in the event your email address changes. REMEDIESEVICTION AND 22. Liability. Each resident isjolntlyand 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. I ndemniflication byYou.You11 defend, indemnifyand hold us andouremployees, agents, and management company harmless from all lfabilityarising from yourconductor requests to ourrepresentatives and from the conduct ofor requests byyourinvitees, 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 or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense involving actual or potential physical harm to a person, or involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined in theTexas Controlled Substances Act, or (2) any sex - related crime, including a misdemeanor. 23.2. Eviction. lfyoudefault, including holding over, wemay end your right of occupancy by giving you at least a 24- hour written notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, we maystill accept Rent orother sums due, the filing oracceptance doesn't waive or diminish our right of eviction orany other contractual or statutory right Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings. In an eviction, Rent is owed 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 or demand (before or after acceleration) and will be immediately due if, without our written consent: (A) you move out, remove property in preparing to move out, oryou or any occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (8) you haven't paid all Rentfor the entire Lease term or renewal period. Remaining Rent will also be accelerated ifyou'rejudicially evicted or move out when we demand because you've defaulted. If you don't pay the first month's Rent when or before this Lease begins, all future Rentforthe Lease term will be automatically accelerated without notice and become Immediately due. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained In: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent forthe full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or increase the Rent by 25% by delivering written notice to you or your apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you will pay us, In addition to other sums due, any rental discounts or concessions agreed to In writing that have been applied to your account. We may recover attorney's fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear Interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees if you fail to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added 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 against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives'Authorityand Waivers. Our representatives (in- cluding managementpersonnel, employees, and agents) have no authority to waive, amend, or terminate this Lease oranyport ofit unless in writing andsigned, andno authorityto make promises, rep- resentations, oragreements thatimpose security duties orotherob- ligations on usorourrepresentatives, unless in writing andsigned. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our choice to enforce, notenforce ordeloyenforcement of written -no- tice requirements, rental due dates, acceleration, liens, or anyother rights Isn'to waiver under any circumstances. Delay in demanding sums you owe is not waiver. Except when notice or demand is required by law, you waive any notice and demand for performance from us if you default. Nothing in this Lease constitutes a waiver of our remedies for a breach under your prior lease that occurred before the Lease term begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the owner's lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our non liabiIity or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. 25. Move -Out Notice. Before moving out you must give 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. Your move -out notice must comply with each of the following: (a) Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate this Lease before the end of the Lease term or renewal period. (c) If we require you to give us more than 30 days' written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fail to give a reminder notice, 30 days' written notice to move out is required, (d) You must get from us a written acknowledgment ofyour notice. 26• Move -Out Procedures. 26.1. Cleaning. You must thoroughlyclean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions if they have been provided.lfyou 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 aant Lease Contract 6 normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). 26.2. Move -Out Inspection. We may, but are not obligated to, provide ajoint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction,modi- 31.2. fication, or disapproval before final accounting or refunding. 27, Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living in the apartment in our reasonable judgment; or 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 of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (8) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions; and remove or store property left in the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that in our sole Judgment belongs to you and remains In the apartment or in common areas (including anyvehicles you or any occupant or guest owns or uses) after you're judicially evicted or if you surrender or abandon the apartment. We're not liable far casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that Is: (1) left In the apartment after surrender or abandonment, or (2) left outside more than 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 Iota( authority, humane society, or rescue organization. 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association for the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable by us (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply if both of the following occur: (1) this Lease is automatically renewed on a month -to -month basis more than once after membership In TAA and the local association has lapsed; and (2) neither the owner 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 IfTAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severability and Survivability. If any provision of this Lease is inval- id or unenforceable under applicable law, It won't Invalidate the re- mainder of this Lease or change the intent of the parties. Paragraphs 10.1, 10.2,16,22.1, 27, 30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 31. Waivers, By signing this Lease, you agree to the following: 31.1. Class Action Waiver. You agree that you will not participate In any class action claims against us or our employees, agents, or management company. You must file any claim against us Individually, and you expressly waive your right to bring, represent join or otherwise maintain a class action, collective action or similar proceeding against us In MEIVAd Mold Information and Prevention I ENAS AMR I NIFA•r ASSMINIItN Addendum Please note: We want to maintain a high -quality living environmentfor our residents. To help achieve this goal, it is important that we work together to minimize any mold growth in your dwelling. This Addendum contains important information for you, 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 ofcleaning—applya 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 of your Lease. You are legally bound bythis document. Please read it carefully. Resident or Residents (allsign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Owner or Owner's Representative (sign below) Date signed Date signed Date signed Date signed Date signed Date signed You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Date signed TAA Official Statewide Form 23-FF, Revised October, 2023 r c' Copyright 2023, Texas Apartment Association, Inc. �,,-� LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA Under a Federal Communications Commission (FCC) order, you as our resident have a right to install a transmitting or receiving satellite dish or antenna on the leased premises, subject to FCC limitations. We as a rental housing owner are allowed to impose reasonable restrictions relating to such installation. You are required to comply with these restrictions as a condition of Installing such equipment. This addendum contains the restrictions that you and we agree to follow. 1. Addendum. This is an addendum to the lease between you and us for Apt. No. in the Apartments in Texas OR the house, duplex, etc. located at (street address) , Texas. 2. Number and size. You may Install 1 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited. 3. Location. Your satellite dish or antenna must be located: (1) inside your dwelling; or (2) in an area outside your dwelling such as a balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not protrude beyond the vertical and horizontal space that is leased to you for your exclusive use. 4. Safety and non-interference. Your installation: (1) must comply with all applicable ordinances and laws and all reasonable safety standards; (2) may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110-volt duplex receptacle. If the satellite dish or antenna is placed In a permitted outside area, it must be safely secured by one of three methods: (1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that lies within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods are allowed. We may require reasonable screening of the satellite dish or antenna by plants, etc., so long as it does not impair reception. S. Signal transmission from exterior dish or antenna to interior of dwelling. Under the FCC order, you may not damage or alter the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. If your satellite dish or antenna is installed outside your dwelling (on a balcony, patio, etc.), the signals received by it may be transmitted to the interior of your dwelling only by the following methods: (1) running a "flat" cable under a door jam or windowsill in a manner that does not physically alter the premises and does not interfere with proper operation of the door or window; (2) running a traditional or Flat cable through a pre-existing hole in the wall (that will not need to be enlarged to accommodate the cable); (3) connecting cables "through a window pane," similar to how an external car antenna for a cellular phone can be connected to inside wiring by a device glued to either side of the window —without drilling a hole through the window; (4) wireless transmission of the signal from the satellite dish or antenna to a device inside the dwelling; or (5) any other method approved by us in writing. 6. Safety in installation. In order to assure safety, the strength and type of materials used for installation must be approved by us. Installation must be done by a qualified person or company approved by us. Our approval will not be unreasonably withheld. An installer provided by the seller of the satellite dish or antenna is presumed to be qualified. T. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment. S. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling. In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence, carelessness, accident. or abuse which may be reasonably necessary to restore the leased premises to Its condition prior to the installation of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear. 9. Liability insurance and indemnity. You must take full responsibility for the satellite dish, antenna, and related equipment. If the dish or antenna is Installed at a height or in some other way that could result in injury to others if It becomes unattached and falls, you must provide us with evidence of liability insurance to protect us against claims of personal injury and property damage to others, related to your satellite dish, antenna, and related equipment. The insurance coverage must be $ 0.00 , which is an amount reasonably determined by us to accomplish that purpose. Factors affecting the amount of insurance include height of Installation above ground level, potential wind velocities, risk of the dish/antenna becoming unattached and falling on someone, etc. You agree to hold us harmless and Indemnify us against any of the above claims by others. 10. Security deposit. Your security deposit (in your Lease Contract) is Increased by an additional reasonable sum of $ _ 0.00 ❑ effective at time of installation or ❑ effective within days of Installation to help protect us against possible repair costs, damages, or failure to remove the satellite dish, antenna and related equipment at time of move -out. Factors affecting any security deposit may vary, depending on: (1) how the dish or antenna is attached (nails, screws, lag bolts drilled Into walls); (2) whether holes were permitted to be drilled through walls for the cable between the satellite dish and the TV; and (3) the difficulty and cost of repair or restoration after removal, etc. A security deposit increase does not imply a right to drill into or alter the leased premises. 11. When you may begin installation. You may start installation of your satellite dish, antenna, or related equipment only after you have: (1) signed this addendum; (2) provided us with written evidence of the liability Insurance referred to in paragraph 9 of this addendum; (3) paid us the additional security deposit, if applicable, in paragraph 10; and (4) received our written approval, which may not be unreasonably withheld, of the installation materials and the person or company that will do the Installation. 12. Miscellaneous. If additional satellite dishes or antennas are desired, an additional lease addendum must be executed. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM FOR INTRUSION ALARM 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. Intrusion alarm. Your dwelling is equipped with an intrusion alarm. It must not be considered a guaranty of safety or security. You should at all times take precautions as if no intrusion alarm exists. You acknowledge that the security of you and your family, occupants, and guests are your responsibility alone. Your use of the alarm system is (check one) ❑ required or ❑ optional. You are responsible for all fines and other charges resulting from or attributable to the alarm, including false alarm charges for your dwelling. 3. Permit from city. You (check one) ❑ do or ❑ do not have to obtain a city permit for activation and use of the intrusion alarm. If you do, the phone number to call is , and it is your responsibility to obtain the permit. You also will be responsible for any fines due to excessive false alarms. 4. Follow instructions. You agree to use reasonable care in operating the alarm and to follow the written instructions, rules, and procedures furnished to you by us. Instructions ❑ are attached or ❑ will be provided to you when you move in. Alarm company. You (check one) ❑ will or ❑ will not have to make arrangements with an independent alarm company to activate and maintain the alarm system. You (check one) ❑ may choose your own alarm company or ❑ are required to use as your alarm company. The alarm system is repaired and maintained by 6. Entry by owner. Upon activation of the alarm system, you must immediately provide us (management) with your security code and any special alarm system instructions for lawful entry into the unit when no one is there, as authorized in your TAA Lease Contract. You must reimburse us for any expenses we incur in entering your dwelling, when those expenses are due to your failure to provide the foregoing information. Z. Repairs or malfunctions. If the intrusion alarm malfunctions, you agree to (check one) ❑ contact your intrusion alarm company immediately for repair or ❑ contact us immediately for repair. The cost of repair will be paid by (check one) ❑ you or ❑ us. Do not tamper with the intrusion alarm system. 8. No warranty. We make no guarantees or warranties, express or implied, concerning the alarm system. All guarantees and warranties are expressly disclaimed. Crime can and does occur despite the best security measures. Anything electronic or mechanical is subject to malfunction and human error. Therefore, residents and occupants should not rely on such security systems. We are absolutely not responsible for malfunction of the alarm. 9. Liability. We are not liable to you, your guests, or other occupants for any injury, damage or loss resulting from the alarm or any malfunction of the alarm. It is strongly recommended that you purchase insurance to cover casualty loss of your property, including loss by theft. 10. Emergencies. You agree to call 911, other law enforcement authorities, or emergency medical services in the event of a crime or emergency. Then contact us. We are not required to answer the alarm, but we do have the right to enter and cut off the alarm to minimize annoyance to neighbors when it malfunctions or is not timely cut off. 11. Entire agreement. We've made no promises or representations regarding the alarm system except those in this addendum. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association MEIVAII TEXAS APAIrf M I•:NI' ,ttist x a,\' flt>,� r r Bed Bug Addendum Please note., We want to maintain a high -quality living environment foryou. It's important to work together to minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility and potential liability when it comes to bed bugs. 1. Addendum. This is an addendum between the Residents and Owner as described in the Lease for the dwelling described below: (name ofapartments) or other dwelling located at (street address ofhouse, duplex, etc.) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address any infestation of bed bugs (Cimex lectularius) that might be found in the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum. 3. Inspection and Infestations. We are not aware of any current evidence of bed bugs or bed -bug Infestation in the dwelling. BY SIGNING THIS ADDENDUM. YOU 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 notto treat the dwell- ing for a bed -bug infestation on your own. S. 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 bodythat you believe are caused by bed bugs, or by any condition or pest you believe is in the dwell- ing; AND ifyou 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. lfwe confirm the presence or Infestation of bedbugs, you must cooperate and coordinate with us and our pest -control agents to treat and eliminate them. You must follow all directions from us or our agents to clean and treat the dwelling and building that are infested. If you don't cooperate with us, you will be in de- fault and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease. 7. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments incurred by us to treat your dwelling unit for bed bugs. Ifwe confirm the presence or Infestation of bed bugs after you move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents in order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expens- es we incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate infestations in other dwellings. If you don't pay us for any costs you are liable for, you will be in default and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease, and we may take Immediate possession of the dwelling. Ifyou don't move out after your right of occupancy has been terminated, you will be liable for holdover rent under the Lease. 8. Transfers. Ifwe 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) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Owner or Owner's Representative (sign below) Date signed Date signed Date signed Date signed Date signed Date signed You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Date signed INSURANCE ADDENDUM Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Texas OR the house, duplex, etc, located at (street address) , Texas. The terms of this addendum will control if the term of the Lease and this addendum conflict. Required Insurance Policy. In accordance with the Lease, you understand and agree that this addendum requires Resident, at Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides limits of liability to third parties in amount not less than $ per occurrence. The liability insurance policy Resident buys and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another entity designated by Owner) as an "Interested Party' or "Party of Interest" that will be notified by the insurer of any cancellation, non - renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it. Acknowledgement. You acknowledge that Owner does not acquire or maintain Insurance for Resident's benefit or which is designed to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company, licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by any insurance company. At all times you have been and remain free to contract for the required Insurance with the insurance carrier of your choosing. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and maintain insurance as required by the Lease and this addendum, we may, In our sole discretion, agree to refrain from filing an eviction against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $ (which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum for a one -month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph for any subsequent months. The foregoing payments are due on the 1st day of the month following the calendar month (or part thereof) during which you do not have the required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance coverage. NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY. I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum] Signature of All Residents Signature of Owner or Owner's Representative Texas Apartment Association :al;.A, 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 any express or implied warranties of security. We care about your safety and that of other occupants and guests. No security system is failsafe Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and 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 ofthe best defenses against crime. 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.Callthe policefrom anotherlocationand 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 losea key or have concerns about key safety, we will rekeyyourlocks atyourexpense, in accordance with the Lease. Checkthedoorviewerbefore answering the door. Don't open the door if you don't know the person or have any doubts. Children who are old enough to take care of themselves should never let anyone insidewhen home without an adult. Regularlycheckyoursecu rity devices, smoke alarms and other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. Immediately report in writing (dated and signed) to us any needed repairs ofsecurity devices, doors, windows, smoke alarms and other detection devices , as well as anyothermalfunctioning safetydevices on the property, such as broken access gates, burned out exterior lights, etc. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) (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 ofthis Addendum after it is fully signed. Keep it in a safe place. HEAD OFHOOSEHOLD ROBERTSNOW Form 1 S-M, Revised October, 2015 IJ Copyright 2015, Texas Apartment Association, Inc. 1-.:.- LEASE ADDENDUM FOR ADDITIONAL SPECIAL PROVISIONS 1. Addendum. This is an addendum to the TAA Lease for Apt. No. in the Texas OR the house, duplex, etc. located at (street address) Apartments in in 2. purpose. The following special provisions become part of the Lease: Signature of All Residents Signature of Owner or Owner's Representative Texas Apartment Association , Texas. 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. ❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing office or ❑ any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed handguns are prohibited in both). ❑ Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing office or ❑ any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked, openly carried handguns are prohibited in both). ❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm, other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain view. 4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that: (a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease or any community policies we issue; (b) you have been provided the apartment community's policy or policies concerning firearms and will follow them; (c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are and that they are subject to the same policy or policies as you; (d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal trespass under Texas law; and (e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe. 5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and agree that: (a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety; (b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation, default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice of a violation; (c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge, restrict or otherwise change the standard of care that we would have to you or any other household in the apartment community to render any areas in the apartment community any safer, more secure, or improved as compared to any other rental property; (d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved safety or security standards than any other rental property; (e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns, firearms, or other weapons; and (f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests' cooperation and compliance. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association P IROSCOE PROPERTY M MANAGEMENT Community Rules and Policies Rent Payment is to be made through the community website using the resident portal. We do not accept payments made in our community office. A personal check, certified check, cashier's check, or money order may be sent to the payment processor's Lockbox address and is subject to late fee penalties if not received by the deadline established per the lease agreement. We do not accept cash or third party checks under any circumstances. Renters Insurance You are required to maintain renters or liability insurance which provides not less than $100,000 personal liability coverage for the duration of your lease agreement. If your coverage lapses or is cancelled during the lease term, you will be charged a $50 fee each month until coverage is restored. Grounds — Common Area Walkways, porches or balconies must be kept clear and unobstructed. Only outdoor patio type furniture in good condition and live plants will be permitted on porches and balconies. Residents without a private patio may have 2 outdoor type chairs or 1 bench in good condition, as long as it is not obstructing the walk way. Coolers, cleaning supplies, and storage containers are some examples of items that are prohibited. Gas, charcoal, or wood burning barbeque pits are not allowed inside apartments or to be stored anywhere in the community per City Fire Code. Please use the provided community grilling areas. Smoking Policy You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning due to smoking or smoke related damage caused by you, your occupants, family, or guests. Smoke -related damage, including smoke odor, is in excess of normal wear and tear in our community. You are also responsible for repayment of lost rental income or other economic or financial damages or loss to us due to smoking or smoking -related damages by you, your occupants, or guests which results in or causes disruption of other residents' enjoyment of the community, or adversely affects other residents' or occupants' health, safety, or welfare. Noise and Conduct Please remember your neighbors and help us maintain a quiet, clean community environment. You, your occupants, or guests shall not make or allow any disturbing noises in the unit or permit anything which will interfere with the rights, comforts or conveniences of other persons. All musical instruments, television sets, stereos, radios, etc. are to be played at a volume which will not disturb other persons at all times, regardless of hours. The activities and conduct of residents, occupants, or your guests on the common grounds, parking areas, or recreation facilities must be reasonable at all times and not annoy or disturb other persons. Parking Lots No maintenance of any kind may be performed on any vehicle in the parking lot. In order to discourage vandalism and theft please do not leave valuables inside your car. See Lease agreement for all reasons vehicles could be towed at the owner's expense including parking in the grass, taking up two spots with one vehicle, and parking in designated leasing parking. Pets — Policies in Addition to Qualifying Criteria No Visiting Pets. All pet waste must be picked up and disposed of properly at all times. A $75 violation fee, per Revised 6/26/20 occurrence, will be assessed for non -removal or improper disposal of pet waste. We reserve the right to revoke your pet privileges if you or your pets do not abide by the pet criteria. Keys Lost or misplaced keys can be replaced at the residents' expense. If re -keying is requested, you will also be charged a fee. We do not provide lock out service outside of regular business hours. You may call a locksmith at your expense, and you must immediately provide the office with a working copy of the new key. Deliveries We hold packages as a courtesy and will not be responsible or liable for any lost or stolen deliveries signed for or accepted by any of our authorized representatives. While your deliveries are in our possession, both during and after hours, your deliveries are notsecured. Management is not responsible for contacting residents when accepting packages. This responsibility is in the hands of the deliverer. Management is not responsible for articles or parcels left at your door or in the management office by delivery services. Alterations, Additions & Improvements No changes may be made to the interior or exterior of your apartment without prior written approval from Property Management. Solar screens may not be removed from your windows. Trash & Recycling Trash may not be left on porches or walkways even temporarily. All trash must be placed inside of the dumpsters; leaving trash next to the dumpster is a violation of your lease. A fee will be assessed for trash not placed in the proper receptacle, including bags left on the porch or at the front door. Please ensure that recyclables are placed in the proper containers. No littering of papers, cigarette butts or trash is allowed. No trash or other materials may be accumulated which will cause a hazard or be in violation of any health, fire or safety ordinance or regulation. Pest Control You will pay a monthly fee for pest control as outlined in the lease agreement; this fee is due with rent. Pest Control is available weekly by request at no additional fee for general pest treatments. Emergency, Infestation, Bed Bug, or Flea treatments may require an additional fee. Resident Date Resident Date Resident Date Resident Date Community Representative Date Revised 6/26/20 LEASE ADDENDUM FOR PATIO OR YARD MAINTENANCE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Texas OR the condominium/townhome located at (street address) Apartments in in , Texas. 2. Responsibility for area. The apartment or condom inium/townhome unit has a fenced or enclosed patio, yard or atrium. Unless we, as owner, expressly assume responsibility below, you, as resident, will perform or pay for yard maintenance of such fenced or enclosed area, as follows: ❑ You or ❑ we will keep the lawn mowed and edged and maintain all plants, trees, shrubs, etc. ❑ You or ❑ we will water the lawn and other vegetation. ❑ You or ❑ we will keep the lawn, flowerbeds, sidewalks, porches and driveways free of trash and debris. ❑ You are, ❑ we are, or ❑ no one is obligated to fertilize lawn and plants. 3. Report problems. You must promptly report infestations or dying vegetation to us. You may not modify existing landscape, change any plants or plant a garden without our prior written approval. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM FOR WASHING MACHINE AND DRYER 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Texas OR the house, duplex, etc. located at (street address) in Apartments in , Texas. 2. Use of Appliances. You (as residents) have permission from us (as owner) to install and use (check all that apply): ❑ a washing machine and/or 0 a dryer in the dwelling unit described above, subject to the conditions in this addendum. Please remember that we do not select your washing machine or dryer, install them, maintain them, or use them. You are in the best position to prevent water, fire, smoke or other damage caused by: (1) a defective washing machine or dryer; (2) a washing machine or dryer accident; or (3) improper installation, maintenance or use of a washing machine or dryer. 3. Conditions. If your washing machine and/or dryer leaks, floods, causes a fire, causes smoke damage, or otherwise malfunctions or is misused, it can cause a lot of problems and a lot of damage to your unit and other units, as well as damage to your personal property and personal property of residents in other units. For these reasons, your right to install and use a washing machine and/or dryer in your unit is subject to the following conditions. You automatically agree to those conditions when connecting or using a washing machine and/or dryer in your unit. 4. Installation. You should be especially careful in your choice of a washing machine and/or dryer and in their installation, maintenance and use just as if it were in your own home. You and all other residents, occupants, and guests in your unit must follow manufacturer's instructions for the washing machine and/or dryer's installation, maintenance, and use. Installation must be done by a professionally qualified person or company approved by us. We recommend that you have it professionally installed. S. Responsibility for damage. You agree to assume strict liability for all damage to your unit and to other units and to personal property in your unit and other units if the washing machine and/or dryer leaks, floods, malfunctions or is misused, or in any other way causes damage —unless it is caused by us or our management company, or acts of God to the extent they couldn't be mitigated by your action or inaction. That means you will be responsible for costs of removing water from carpets, replacing permanently damaged carpets, repainting, and any other repairs or damages to your unit and to other units, as well as damage to personal property in your unit and other units if, among other things: • the water or dryer vent hoses break or leak; or • the water or dryer vent hoses were incorrectly connected or did not have protective washers in the connections; or • the washing machine and/or dryer was overloaded, causing it to malfunction; or • the washing machine and/or dryer leaks or malfunctions for any other reason. • the owner's insurance may not cover such damages, and the owner is under no obligation to have insurance that does cover such damages. 8. New hoses. When installing the washing machine, you must use new hoses since bursting or leaking hoses are the most common cause of water damage. Stainless braided water hoses are recommended. Similarly, you should use a new dryer vent hose when installing your dryer. Y. Inspection. You must not use the washing machine and/or dryer until management has inspected the installation. Such inspection does not relieve you of liability in the event of water, fire, smoke or other damage from your washing machine and/ or dryer. 8. Maintenance. You will have the sole responsibility for maintaining your washing machine and all related hardware. Such maintenance must include, but is not limited to, regularly cleaning lint from your dryer's lint trap. 9. Insurance. At all times you must carry renter's insurance that provides insurance coverage for damage to your personal belongings from accidental water discharge from your washing machine or other causes. Similarly, it must provide coverage for fire or smoke damage from your washing machine and/or dryer. It must also provide coverage for any potential liability, due to your fault, for water, fire, smoke or other damage to other units and to personal property of others. You must verify with your agent that such coverages are included in your policy and must furnish us a copy of the policy upon our request. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM REGARDING SMOKING 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. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is strictly prohibited. This is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and substantial violation of this addendum and a breach of the TAA Lease Contract. The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any dwelling or building, whether leased by you or another. 3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially designated areas, if any. The permissible smoking areas are marked by signs. Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit: ❑ is permitted ❑ is not permitted. Only the following outside areas may be used for smoking: Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be at least feet from the buildings in the apartment community, including administrative office buildings. If the previous field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including administrative office buildings. The smoking -permissible areas are marked by signage. Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or rental premises. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees, regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building, shall always be in excess of normal wear and tear in our community and at the rental premises. S. Your responsibility for loss of rental income and economic damages regarding other residents. You are responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of smoke related damages including smoke odors. 6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette, hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non -tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. Z. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease Contract subject to any duty to mitigate. 8. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility for any other damages or loss under the TAA Lease Contract or any other addendum. Texas Apartment Association 9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that a failure on their part to comply is the same as non-compliance by you. 10. No warranty of a smoke -free environment. Although we prohibit smoking in all interior parts of the dwelling units and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no -smoking policy is a joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report violations of our no -smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with us if it becomes necessary to pursue action for any violations of the no -smoking policy. This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum. Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following boxes: ❑ Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the unit. ❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association CONSTRUCTION ACTIVITIES ADDENDUM 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Texas OR the house, duplex, etc. located at (street address) in Texas. 2. Purpose of Addendum. By signing this Addendum, you acknowledge that existing, ongoing, or future construction on the property may affect your use, view, and enjoyment of such property. 3. Acknowledgment of Construction on Property. You acknowledge that the property, including its common areas and apartments, may currently or in the future, be under repair, renovation, improvement, or construction. We do not guarantee that the repair, renovation, Improvement, or construction will be completed on a set date or time and therefore, are not under any obligation to have said repair, renovation, improvement, or construction completed by a set date or time. You also acknowledge that the repair, renovation, improvement, or construction does not represent a breach of our obligations under the Lease Contract. 4. Use of Amenities and Services. Repair, renovation, improvement, or construction at the property may create conditions where your use of the property's amenities and services may be limited or not available. You agree to observe and follow any signage regarding construction placed on the property by us or our contractors. Various dangers that may be present Include potentially harmful chemicals, construction machinery, construction tools, nails, screws, falling debris, and other items that are typically found at construction sites. No sign or form can contemplate or discuss every possible construction issue that could arise on a property, so you acknowledge and agree that you will use your best judgment and common sense to avoid injuring yourself, your animals, or others as you enter or leave the property. S. Noise and Other Disturbances. Repair, renovation, improvement, or construction at or near the property may create noise or other disturbances, and the property itself, or portions thereof, may be unfinished for some time with respect to landscaping, building exteriors, interiors, amenities, walkways, lighting and the like. You acknowledge that these conditions may create inconveniences that may be beyond our control. You agree that despite these inconveniences, your obligations set forth in the Lease, including payment of rent, will still be In effect. 6. No Offset of Rent. To the extent allowed by state law or local ordinance, you agree that any inconvenience associated with the repair, renovation, improvement, or construction, such as, but not limited to, those disclosed herein, will not be deemed to offset your rent obligations. R. Delay of Occupancy. You acknowledge that occupancy of the apartment may be delayed due to repair, renovation, improvement, or construction of the property, Including common areas and apartments. Such repair, renovation, improvement, or construction may cause unforeseen delays due to scheduling conflicts, delay in permit issuance, acts of God, and other things beyond our control. The Lease will remain in effect subject to: (1) the start date of the term of the lease contract shall be changed to the first day that we provide you the apartment for occupancy, and rent shall be abated until occupancy is provided; and (2) your right to terminate as set forth in your Lease under DELAY OF OCCUPANCY, and in accordance with applicable state law or local ordinance. You knowingly and voluntarily accept the risks of delays and the apartment not being ready for occupancy on the date set forth in the Lease. You agree that our failure to have the apartment ready on the set date in the Lease due to a repair, renovation, improvement, or construction delay does not constitute a willful failure to deliver possession of the apartment or entitle you to any other form of credit, discount or other compensation. We agree that rent will not commence under the Lease until possession is delivered to you. 8. Displacement. In the event Resident must be displaced from the apartment that is the subject of the Lease Contract due to repair, renovation, improvement, or construction in or around the apartment, Owner, at Owner's sole option, shall transfer Resident to another apartment within the apartment community that is not affected by the repair, renovation, improvement, or construction or shall provide appropriate comparable accommodations for Resident. However, in the event of Resident's displacement and subsequent re -location, the terms of the Lease Contract, including but not limited to the payment of rent, shall remain in full force and effect. 9. Severability. If any provision of this Lease Contract is Invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this Lease Contract. The court shall Interpret the lease contract and provisions herein in a manner such as to uphold the valid portions of this Lease Contract while preserving the intent of the parties. 10. Release and Waiver of Claims. Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage or injury to you, your invitees, your licensees, your occupants, or your guests that results from any condition related to the construction that is occurring on the property. This release is of and from any and all claims, controversies, disputes, actions, demands, causes of action, or liability of every kind and description, known or unknown, at law or in equity, which you or they had in the past, now have, or may hereafter have in the future against us or our management company or either of their agents or employees arising out of orin any way connected, directly or indirectly, with the construction that is occurring on the property. 11. Special Provisions. The following special provisions control over conflicting provisions of this printed form: Signatures of All Residents Signature of Owner or Owner's Representative 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 your being on the Premises. Date Resident Date Resident Date Resident Date Resident Date Resident Date Resident Date Owner's Representative Apartment name and unit number or street address of leased premises :i,-�Lease Contract Addendum for Units \ Participating in Government Regulated •I9{xAS AVA I:'t'"''',N'I' `SSOC:IS11ON Affordable Housing Programs Addendum. This is an addendum to the Lease Contract ("Lease") executed by you, the resident(s), on the dwelling you have agreed to rent. That dwelling is: Apt. # at (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Participation in Government Program. We, as the owner of the dwelling you are renting, are participating in a government regulated affordable housing program.This program requires both you and us to verify certain information and to agree to certain provisions contained in this addendum. 3. Accurate Information in Application. Bysigning this adden- dum, you are certifying that the information provided in the Rental Application or any Supplemental Rental Application regarding your household annual income istrueand accurate. 4. Request(s) for Information. By signing this addendum, you agreethatthe annual income and other eligibiIityrequirements for participation in this government regulated affordable housing program are substantial and material obligations under the Lease. Within seven days after our request, you agree to comply with our requests for information regard- ing annual income and eligibility, including requests by the owner and the appropriate government monitoring agency. These requests toyou maybe madetoyou nowand anytime during the Lease term or renewal period. 5. Failure to Answer or Inaccurate Information May Be Good Cause Grounds for Eviction. Ifyou refuseto answerordo not provide accurate information in response to the requests in Par. 4 above, it may be considered a substantial violation of the Lease and good cause grounds forterminating and/or not renewing yourLease and foran eviction.ltmakes nodifference whetherthe inaccuracy ofthe information you furnished was intentional or unintentional. 6. Termination or Non -Renewal of Lease for Housing Tax Credit (HTC), HOME Program, NHTF Program and Prop- erties Owned by Public Facility Corporations. Provisions in Par. 6-6.5 of this Addendum shall apply only to residents living in a dwelling covered by the HTC, NHTF and HOME programs or properties owned by a PFC under Texas Local Government Code. Par. 6-6.5 of this Addendum also override any contrary provisions contained in the Lease. We will not evict a resident solely on the basis that the resident is or has been a victim of domestic violence, sexual assault or stalking, or has participated, testified or assisted in any matter covered by the Violence Against Women Act 2022. 6.1 Housing Tax Credit Program. For rental properties par- ticipating in the HTC program, IRS Revenue Ruling 2004-82 provides that a property owner may not evict a resident or terminate a tenancy except for good cause. In addition, for HTC units, we must provide the notice required under the Lease if evicting during the lease term or if terminat- ing your residency at the end of an initial or renewal term. In addition, for HTC units, we must provide written notice specifying the grounds for eviction during the lease term or if we terminate your residency at the end of the initial or renewal term. 6.2 HOME Program. For rental properties participating in the HOME program, federal regulation 24 CFR 92.253 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period forTransitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leases for reasons other than good cause are prohibited. In addition, for HOME program units, the property owner must provide a resident with at least 30 days written notice before either seeking an eviction or not renewing a Lease. The written notice must specify the grounds for eviction or nonrenewal of the Lease. 6.3 NHTF Program. For rental properties participating in the NHTF program, federal regulation 24 CFR 93.303 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period forTransitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leases for reasons otherthan good cause are prohibited. In addition, for NHTF program units, the property owner must provide a written notice that specifies the grounds for eviction or nonrenewal of the Lease. 6.4 Properties Owned byPFCs.For PFCownedproperties,the owner may only refuse to renew the lease if the resident: (1) if in material noncompliance with the Lease, including nonpayment of rent; (2) committed one or more substan- tial violations of the Lease; (3) failed to provide required information on income, composition, or eligibility of the resident's household; or (4) committed repeated minor violations of the Lease that disruptthe livability of the prop- erty, adversely affect the health and safety of any person or right of quiet enjoyment of the lease premises and related development facilities, Interfere with management of the development or have an adverse financial effect on the development, including failure of the resident to pay rent in a timely manner. In addition, we must provide a resident with at least 30 days written notice of nonrenewal of the Lease. The owner may not retaliate or take action against a resident or the resident's guests because the resident established, attempted to establish or participated in a resident organization. 6.5 Good Cause. If challenged by resident, a court may deter- mine if a property owner has good cause to evict, terminate a tenancy or not renew the Lease. We must provide a 30-day written notice before seeking an eviction for nonpayment of rent. If the CARES Act is modified to eliminate the 30-day notice requirement, HUD or Treasury requirements will supersede this 30-day notice requirement for nonpayment of rent. "Good cause" may include, but is not limited to, nonpaymentof rent, failureto answeror provide accurate information, as required by Par. 4 and 5 of this Addendum, serious or repeated Lease violations, or breaking the law. No Lien or Lockout for Unpaid Sums. For rental proper- ties that are supported by HTC allocations, sec. 2306.6738, Texas Government Code, prohibits such property owners from threatening orconducting a lockout unless: allowed by judicialpro cess, necessary to p erform repairs orcons truction work, orresponding to an emergency. Personal propertyofa residentmaynot beseizedorthreatened to beseized except by judicial process unless the premises has been abandoned as required by 24 CFR 92.253. TAA Official Statewide Form 23-V, Revised July, 2023 Copyright 2023, Texas Apartment Association, Inc. �, 8. Insurance. Insurance is not required but isstiII-strong lyrecom- 10. Conflict with Governing Law. To the extent that any part of mended. Though not required, we urge you to get your own your Lease or this addendum conflicts with applicable federal, insurance for losses due to theft, fire, water, pipe leaks, and state, or local laws or regulations, the law or regulation over - similar occurrences. rides that portion of your Lease or this addendum. 9. Student Status. By signing this addendum, you agreetonotify the owner, in writing, if there are any changes in the student status of any residents (including replacement residents) occupying the unit. Your are entitled to receive a copy of this Addendum afterit is fullysigned. Keep itin a safe place. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) (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 TAA Official Statewide Form 23-V, Revised July, 2023 M&C Review Page 1 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH Create New From This M&C REFERENCE 19NS 2023-2027 DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN CODE: C TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00 annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023- 2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation from $2,000,000.00 to $2,500,000.00. 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 5. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 6. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 7. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023 M&C Review Page 2 of 7 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of $6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and $2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000,00, all subject to receipt of such funds; and 9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%, estimated total of $393,106.92. DISCUSSION: The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable housing needs and sets strategic priorities and goals for use of federal grants funds from the United States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be addressed with Annual Action Plans that summarize the major housing and community development activities and proposed expenditures for each of the five years. These priorities and goals were developed to be consistent with strategies and initiatives previously adopted by the City Council, as well as through an assessment of community needs. This included Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are summarized below. PRIORITY NEED I GOAL (Promote Affordable Housing (Increase neighborhood stability through homeownership assistance; for Renters and Owners Fair Housing efforts, and supportive services for renters and owners l Housing Preservation and Preserve and expand the supply of quality affordable housing Rehabilitation throughout the City Neighborhood Improvement nhance neighborhood development and revitalization throughout and Revitalization the City Economic Empowerment Support programs and services providing employment training and and Financial Resilience career readiness programs that promote self-sufficiency and household stability Support programs and services to prepare children and youth for Children and Youth Services success through educational, mentoring, training and related programs Support programs and services for older adults to access resources Aging In Place needed to age in their homes, while maintaining both their independence and quality of life ccessibility Improvements Improve accessibility in public facilities and housing, including Ilarchitectural barrier removal Homelessness Prevention Provide housing and support services for persons experiencing and and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve permanent housing (Healthy Living and Wellness ��health Support programs and services to improve the mental and physical of low -to moderate -income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 3 of 7 Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 10, 2023. These funding recommendations were presented in City Council Work Session on August 1, 2023. A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is scheduled for the City Council on August 8, 2023. A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be submitted to HUD by August 15, 2023. Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This will require an increase in the expenditure authority for the PRP and the contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as follows: Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs Major Projects - $636,610,00: Includes for multifamily rental rehabilitation Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: M&C Review Page 4 of 7 Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for multifamily housing development in southeast Fort Worth. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. Community Housing Development Organization Operating - $45,000.00: Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $327,111,90: Includes costs for administering the HOME grant Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated as follows: Public Service Agencies - $564,752.00 Administration - $45,791.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts AGENCY r BChristian Learning enter (Boys & Girls Clubs of Greater Tarrant County, Camp Fire First Texas Cancer Care Services TABLE 1: CDBG AGENCIES IICONSOLIDATED PLAN GOAL Children and Youth Services Children and Youth Inc. Services Children and Youth Services Healthy Living and Wellness Easter Seals North Texas, Economic Inc. Empowerment and Financial Resilience PROGRAM II AMOUNT Out of School Time $78,218.00 Program Youth Development $70,000.00 at Eastside Branch Teens In Action $50,000.00 Cancer Care $50,000.00 Services Employment Services $60,000.00 Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00 County Services II Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001 I i i u i httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel (Junior Achievement of the Chisholm Trail, Inc. Maroon 9 Community Enrichment Organization Meals -On -Wheels, Inc. of Tarrant County NPower Inc. The Ladder Alliance The Women's Center of Tarrant County, Inc. Promote Affordable Housing for Renters and Owners Children and Youth Services Children and Youth Services Aging In Place Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Housing Counseling & Education l Cradle to Career II Initiative ItMaroon 9 Teen richment Program (Nutrition Program II "Tech Fundamentals Workforce Training Program Tarrant County Workforce Development Employment Solutions $111,000.00 $25,000.001 $25,000.00I $75,000.00I $25,000.00 l�M $75,000.00 Holistic Educational (United Community Centers, (Children and Youth ��Literacy $125,000.00 Inc. Services Program JCDBG Public Services Agencies Total II$1,049,218.001 Rehabilitation, Education and Advocacy for Citizens Accessibility Project Ramp $165,000.00 with Handicaps dba Improvements REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity Cowtown Brush Up $455,000.00 and Rehabilitation Habitat for Humanity JCDBG Subrecipient Agencies Total I $620,000.001 TOTAL CDBG CONTRACTS 11$1,669,218.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Support Services, Short -Term Rent, Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00 Based Rental Assistance Tarrant Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00 Inc. g' Services, Tenant -Based Rental Assistance (TBRA) TOTAL HOPWA CONTRACTS Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY IThe Presbyterian Night Shelter of Tarrant County, Inc. Lighthouse for the Homeless dba True Worth Place . 4 . Shelter Operations/Services Day Shelter Operations/Services 1$1,729,850.00 11 AMOUNT 1 II$116,635.00I 11$158,400.001 11 1 M&C Review Page 6 of 7 IThe Salvation Army Center for Transforming Lives ISafeHaven of Tarrant County TOTAL ESG CONTRACTS IlHomelessness Prevention IlRapid Re -Housing JIShelter Operations/Services All figures have been rounded to the nearest dollar for presentation purposes. available in ALL COUNCIL DISTRICTS. $150,000.00 II $75,901.001 II $63,816.001 11$564,752.001 These programs are Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund I Department Account I Project I Program Activity ID ID FROM Fund Department Account Project p 1 ID I I ID Submitted for Citv Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budgetl Reference # Year I (Chartfield 2) Budget Reference # Year (Chartfield 2) Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) Amount Amount 19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filings.pdf (Public) ConPlan July 12 Public Hearinq.pdf (Public) FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2, 2023.m)tx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx, (Public) ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx (Public) httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023