HomeMy WebLinkAboutContract 61931CSC No. 61931
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND HENDERSON APARTMENTS TENANT, L.P.
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WORTH ("City"), and HENDERSON
APARTMENTS TENANT , L.P ("Landlord"), each individually referred to as a "party" and
collectively referred to as the "parties."
WHEREAS, the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property
so long as the landlord or property management agree to certain terms; and
WHEREAS, in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program; and
WHEREAS, the City requires that landlords must enter into this Agreement in order to
receive the City's payment of the defined portion of Tenant's rent; and
WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement
and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of
any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control. It is
understood that City is not bound by any portion of Exhibit A and is only bound by the duties and
obligation set forth in this Landlord Services Agreement.
NOW THEREFORE the Parties in exchange for the benefit received from the other
Party's performance, agree to the following terms and conditions:
1. PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a 2 BEDROOM ("Lease").
The unit is located at
("Unit"), as more fully described in Exhibit A.
2. TERM.
This Agreement shall begin on AUGUST 12. 2024 and shall expire on OCTOBER 3L
2025, unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties
shall have the option to renew this Agreement by written agreement for additional one-year terms
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY Page I of 13
FT. WORTH, TX
following City review and approval of request by both Tenant and Landlord under the same terms
and conditions, provided however that the rental rate and any amounts payable by City shall be
provided to the City in writing for the new term at least 30 days prior to the effective date of the
renewal term.
3. COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit $0.00 for the Unit to the Landlord in accordance with
the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit
during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall
comply with state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance of the City Portion 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 $750.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3.2 Rent and Amounts Payable by City
3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term
is $1,600.00 per month for the Unit. The City has been notified that the Tenant's Prorated Rent
from AUGUST 12, 2024 to AUGUST 31, 2024, is $1,032.00 of rent per month for the Unit.
The Tenant, during the Initial Term, from AUGUST 12, 2024 to AUGUST 31, 2024, shall
be responsible for $0.00 of prorated rent per month for the Unit. Beginning SEPTEMBER 1, 2024
to OCTOBER 31. 2025, the Tenant shall be responsible for $152.00 of rent per month for the
Unit.
During the Initial Term, City shall pay $1,032.00 towards the Tenant's Prorated Rent for
the Unit from AUGUST 12, 2024 to AUGUST 31, 2024. Beginning SEPTEMBER 1, 2024 to
OCTOBER 31, 2025, the City shall be responsible for $1,448.00 of rent per month for the Unit
("City Portion"). Neither City nor HUD assumes any obligation for the Tenant's Portion of the
rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited
to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable
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for rent, payments, and other fees associated with the Unit and City shall not be obligated by law
or in equity for any amount other than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00
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.
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4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant's lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obliaations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the
months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and
conditions of this Agreement prior to the date of expiration or termination. City shall not be
obligated for any additional fees or expenses of any kind. If City has paid any portion of the City
Portion for a month that is after the effective date of termination of this Agreement, Landlord shall
refund that portion within thirty days of the effective date of termination by check made out to the
City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of
this Agreement, the onlv remedv Landlord may assert for anv claim, no matter the kind or
character, arising out of this Aareement is for the Citv Portion of the Tenant's Total Rent for the
months that Tenant occupied the unit and this Agreement was in effect.
5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and
at such other times as may be necessary to assure that the Unit is in decent, safe, and
sanitary condition, and is in compliance with applicable local codes, and that required
maintenance, services and utilities are provided.
5.3 If the City determines that the Landlord is not meeting these obligations, the City shall
have the right, even if the Tenant continues in occupancy, to terminate payment of the
City's Portion of the Total Rent and/or terminate the Agreement without any cost or
expense of any kind whatsoever to City.
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6. FAIR HOUSING REQUIREMENT
6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any
other manner, discriminate against any person on the grounds of age, race, color, creed, religion,
sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with
Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America,
the Department of Housing and Urban Development, and the City, any of which shall be entitled
to involve any of the remedies available by law to redress any breach or to compel compliance by
the Landlord.
6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and
with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews
and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes,
Executive Orders and all related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law, including
City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS
NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation
under this Agreement; or
(3) If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the
landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the
Landlord may take corrective action to remedy the breach.
7.3 The City's right and remedies for breach of this Agreement shall not be limited by
any provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
8. NO THIRD PARTY BENEFICIARIES
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8.1 The City does not assume any responsibility for, or liability to, any person injured
as a result of the Landlord's action or failure to act in connection with the implementation of this
Agreement, or as a result of any other action or failure to act by the Landlord.
8.2 The Landlord is not the agent of the City and this Agreement does not create or
affect any relationship between the City and any lender to the Landlord, or any suppliers,
employees, contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or
a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Landlord shall notify City immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
electronic records, of Landlord involving transactions relating to this Agreement as HUD or the
City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or
HUD shall have access during normal working hours to all necessary Landlord facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City or HUD shall give Landlord reasonable advance notice of
intended audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
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It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Landlord shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that City shall in no way be
considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants,
employees or subcontractor of Landlord shall be entitled to any employment benefits from City.
Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT A CTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
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13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Landlord under which
the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS. ORDINANCES, RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with
all applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from
and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
16. GOVERNMENTAL POWERS.
To LANDLORD:
LINDA FLOTTE
THE HENDERSON APARTMENTS
1000 HENDERSON ST LEASING OFFICE
Fort Worth, TX 76102
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It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
17. NO WAIVER.
The failure of City or Landlord to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Landlord's respective right to insist upon appropriate performance or to assert any such right on
any future occasion.
18. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibit A.
23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each party.
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24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City's Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division,, in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
records. The president of Landlord or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change,
copy of the board of director's resolution approving the action, or an executed merger or
acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
28. CONFIDENTIAL INFORMATION
Landlord acknowledges that CITY is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this
agreement will be publicly available on the CITY's website, and Landlord is therefore waiving
any claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
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If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord
does not meet the definition of a "company" under the applicable section of the Texas Government
Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Landlord certifies that
Landlord's signature provides written verification to the City that Landlord: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract.
30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's
signature provides written verification to City that Landlord: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Landlord certifies that Landlord's signature provides written verification to City that
Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Name: Fernando Costa
Title: Assistant City Manager
Date: Aug 31, 2024
APPROVAL RECOMMENDED:
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Name: Kacey Bess
Title: Director,
Neighborhood Services Department
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By: Jannette Goodall (Sep 3, 202412:03 CDT)
Name: Jannette Goodall
Title: City Secretary
LANDLORD:
By:
Linda flotte (AL09, 20241 :53 CDT)
Name: Linda Flotte
Title: PROPERTY MANAGER
Date: Aug 29, 2024
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: �"Z'A/
Name: Cyndee Garza
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
Conv of Tenant's Lease
Rental Assistance Landlord Agreement Page 13 of 13
This Lease is valid only if filled out before January 1, 2026.
I"NION 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 Shires
DETAILS
A. Apartment (Par. 2)
Street
at 11:59 p.m. on: 10/31/2025
Note that this amount does not
include any Animal Deposit, which
would be reflected in an Animal
Addendum.
G. Late Fees (Par. 3.3)
Initial Late Fee
M 10 %of one month's monthly base rent or
❑$
Due if rent unpaid by 11:59 p.m. on the 3rd
F. Notice of Termination or Intent to Move Out (Par. 4)
Aminimum of 60 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
If the number of days isn't filled in, notice of at least 30 days
is required.
Daily Late Fee
❑ %clone month's monthly base rent for days or
❑ $ for days
(3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2)
Payment Fee (Par. 3.4)
$ 3200
5 75.00
Notice of 60 days is required.
You are not eligible forearly termination if
1. Reletting Charge (Par. 7.1)
you are in default.
A relettin charge of $ 1360
9 9
Fee must be paid no later than 7
days after you give us notice
(not to exceed 85% ofthe highest
monthly Rent during the Lease term)
Ifanyvalues ornumberofdaysare blank or"0,"
may be charged in certain default
then this section does notopply.
situations
K. Violation Charges
Animal Violation (Par.12.2)
Initial charge of $ 100 .00 per animal (not
to exceed $100 per animal) and
Adailychargeof$ 10.00 peranimal
(not to exceed $10 per day per animal)
Insurance Violation (Master Lease Addendum
or other separate addendum)
S
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 $ 25.00 Cable/satellite $ Internet $
Package service $ Pest control $ 5.00 Stormwater/drainage $
Trash service $ 10 . 00 Washer/Dryer $
Other: Amenity Fee $ 10.00
Other: Facilities Fee $ 15.00
Other: Reserved Parking Fee $ 35.00
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.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 1 of 6
1. Definitions. The following terms are commonly used In this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed inthis 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"includingbut not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" Includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices including:
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 or accredi-
tations associated with the property are subject to change.
Rent. You mustpayyourRenton orbefore the 1st dayofeach
month (due date) without demand. There are no exceptions
regarding thepayment ofRent, andyou agree notpaying Rent on
or before the 1st of each month is a material breach of this Lease.
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify In accordance with this Lease.
Cash is not acceptable without ourprior written
permission, You cannot withhold or offset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due In one single
payment by any method we specify.
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.
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.
Returned Payment Fee. You'll pay the fee listed In Lease
Details for each returned check or rejected electronic
payment, plus Initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
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 notifythe provider ofyour move -
out date. If you delay getting service turned on in your name
by this Lease's start date or cause Itto 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 afteryou move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period If governed by Par.10, specified
in Special Provisions In Par.32, or bya written addendum or
amendment signed by you and us. At or after the end of the
Initial Lease term, Rentincreases 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 ofdays isn't filled In, no-
tice ofat least30 days is required.
Security Deposit. The total security deposit for all residents Is due
on or before the date this Lease is signed. Any animal deposit will be
designated In an animal addendum. Security deposits may not be ap-
plied to Rent without our priorwritten consent.
5.1. Refunds and Deductions. You must aive us vour advance
notice of move out as provided by Par. 25 and forwardina
address in writina to receive a written description and
itemized list of charges or refund. In accordance with this
Lease and as allowed bylaw, we may deduct from your
security deposit any amounts due under this Lease. 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 paymentjolntly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance, Our Insurance 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 carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own Insurance for
losses due to theft, fire, Rood, water, pipe leaks and similar occurrenc-
es. Most renter's Insurance policies don't cover losses due to a 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 for a reletting charge as
listed in Lease Details, (not to exceed 85% of the highest
monthly Rent during the Lease term) if you: (A) fall to move In,
or fail to give written move -out notice as required in Par. 25,
(8) 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 73 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, Ifyou are in
default, the Lease remedies apply,
7.3. Special Termination Rights, You mayhave the right under
Texas law to terminate this Lease earlyin certain situations
Involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death ofa 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. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days 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.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 2 of 6
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 orfault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or Inaction.
Unless damage or wastewaterstoppage Is due to ournegligence,
we're not liable for —and you mustpay for —repairs and replace-
ments occurring during the Lease term or renewal period, Includ-
ing: (A) damage from wastewater stoppages caused by Improper
objects in lines exclusively serving your apartment, (B) damage to
doors, windows, or screens; and (C) damage from windows ordoors
leftopen.
10. Community Policies. Community Policies becomepart ofthis
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease,
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our sole Judgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify 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 7 days in one week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days ifyou or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
Improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts ofunlawful, 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 a loud, obnoxious or dangerous manner;
(c) disturbing or threatening the rights, comfort, health, safety,
or convenlence 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;
(j) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(1) using glass containers in or near pools, or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykindareallowed, 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 of this 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 overto a humane society, local authority
or rescue organization; or return the animal to you If
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyouor
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at 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 daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, anyvehicle that is not in compliance
with this Lease.
14. When We May Enter. Ifyou or any other resident, guest or occupant
Is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to 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.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page of
15, Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, 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
and repairs, including whetheror which vendors to use,
are within ourso/e discretion,
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work Is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. If we fall to timely repair a condition that
materially affects the physical health orsafetyofan
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under§ 92.056
and § 92.0561 ofthe Texas PropertyCode. Ifyou follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
under92.056(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 ofyour 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 missing security de-
vices that are rea uired by law. You'll nav for: (A) rekevina that
you reauest (unless we failed to rekev after the previous resi-
dent moved out): and (B) renairs or replacements because of
misuse or damage bvvou or vour family, vour occunants, or vour
u9 ests. You must pay immediately after the work is done unless state
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 at no cost to you when occupancy
begins: (A) a window/atch on each window, (B) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) elther a door -handle latch or a security baron each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. The rekeying will be done either before you move In or
within 7 days after you move in, as required bylaw. if we fail to in-
stall or rekey securitydevices as required bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas PropertyCode sec. 92.165(l). We may deactivate
ornotinstall keyless bolting devices on yourdoors if(A) you Oran
occupantin the dwelling is over55 ordisabled, and (8) the require-
ments of Texas PropertyCode sec, 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. Ifyou damage ordisable the
smoke alarm or remove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 92.2611 for $100 plus one
months Rent actual damages, and attorneys 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 if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water,
19. Resident Safety and Loss. Unless otherwise requiredbylaw, none
ofus, our employees, agents, ormanagement companies are liable
to you, yourguests or occupants foranydamage, personal injury,
loss to personal property, orloss of business orpersonalincome,
from any cause, including but not limited to: negligent orintention-
alacts ofresidents, occupants, orguests, theft; burglary, assault
vandalism orother crimes fire, Rood, waterleaks, rain, hall, Ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, injuryorloss is
caused exclusively by ournegligence,
We do not warrantsecurity ofany kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe, You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an Intrusion alarm will be
charged to you, including, but not limited to, 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 of wood -paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other cloor-
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 4 of 6
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 forfixtures 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 orwithout our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to orfrom our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, In any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you If allowed by law, If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the eventyour
email address changes.
EVICTION• REMEDIES
22. Liability. Each resident Is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification byYou.Youlidefend, indemnifyandhold us
and ouremployees, agents, and management company
harmless from alllfabilityarfsing from yourconductor
requests to ourrepresentativesand 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,
orfire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
In the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. Ifyoudefault, 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 or other
sums due, the filing oracceptance doesn't waive or
diminish our rightofevictlon 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 of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
oryou or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all 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 Rentwhen or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
Interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees 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 attorneys fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorltyand Waivers. Our representatives (in-
cluding managementpersonne), employees, and agents) have no
authority to waive, amend, or terminate this Lease oranyport oflt
unless in writing and signed, and no authority to make promises, rep-
resentations, oragreements thatimpose security duties arother ob-
ligations on us orourrepresentatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce ordelayenforcement ofwritten-no-
tice requirements, rental due dates, acceleration, liens, oranyother
rights isn'to waiver underanycircumstances, Delay in demanding
sums you owe is not a waiver. Exceptwhen 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 ofour remedies fora
breach underyour prior lease that occurred before the Leaseterm 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
nonllab] lity or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
••
25. Move -Out Notice. Before moving out you must give our represen-
tative advance written move -out notice as stated in Par. 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must complywith each ofthe 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 ofthat 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 fall to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice,
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 of 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 a joint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment In our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par.2.1 have been turned in to us —whichever
happens first.
You have abandonedthe apartmentwhen all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property, We, or law officers, may —
but have no duty to —remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or ifyou surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away orgive 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
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TA A Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover pastor
future rent or other charges. The above remedies also apply if both
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 of TAA 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
any forum.
YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE, YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. lfwe are prevented from completing substan-
tial performance ofany obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, Rood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance ofobligations to the fullest extent
allowed by law.
32. Special Provisions.The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
The attached addenda and written rules
become part of the lease. No partial
payments accepted and cash is never
accepted. Required Utility Setup Fee
$5.00 will be charged as a one time
payment. Utility Move -out Fee $5.00
will be charged as a one time payment.
Community fee $25 will be charged as a
one time payment. Recurrinq monthly
Utility Processing Fee of $3.50 is
required. $2 Drainage Fee charged per
month. $3.30 Trash Service Fee charged
per month. We require a Facilities Fee
of $15.00 that is used to protect the
community from damage to the property.
It protects the property and is not
protection for you. Obtaining personal
renter's insurance is strongly
encouraged.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owneror Owner's Representative (signing on behalf of owner)
Apartment Lease Contract, TAA Official Statewide Farm 23-A/13-1 /11-2 Revised October 2023 Page 6 of 6
a� Animal Addendum
ITNAS AR%RTNI I'.NT ASS(WINHON
Please note. We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do
not properly control and care for an animal, you'll be liable if it causes damage or disturbs other residents.
Dwelling Unit.
.
2. Lease.
Owner's name: Henderson Apartments Tenant, LP
Residents (listall residents):
3. Conditional Authorization for Animal. You may keep the animal or
animals described below in the dwelling until the Lease expires. We
may terminate this authorization sooner if your right of occupancy is
lawfully terminated or if in ourjudgment you, your animal, your guest,
or any occupant violates any of the rules in this addendum.
4. Animal Deposit. You must pay a one-time animal deposit of
$ 0.00 when you sign this addendum. This deposit is
in addition to your total security deposit under the Lease, which is a
general security deposit for all purposes. Refund of the total security
deposit is subject to the terms and conditions in the Lease, and this
animal -deposit portion of the total deposit is not separately refund-
able even if the animal is removed.
5. Assistance or Service Animals. When allowed by applicable laws, we
may require written verification of or make other inquiries regarding
the disability -related need for an assistance or service animal for a per-
son with a disability. We will not charge an animal deposit, additional
rent, or other fee for any authorized assistance or service animal. Ex-
cept as provided by applicable law, all other provisions ofthis adden-
dum apply to assistance or service animals.
6. Search and Rescue Dogs. We may ask the handler of a search and
rescue dog for proof he or she is a person with a certification issued by
a nationally recognized search and rescue agency before we authorize
a search and rescue dog. If we authorize a search and rescue dog, we
will not charge an animal deposit, additional rent or other fee for any
such dog. Except as provided by applicable law, all other provisions of
this addendum applyto search and rescue dogs.
7. Additional Monthly Rent. Your monthly base rent (as stated in the
Lease) will be increased by $ 25.00
8. Additional Fee. You must also pay a one-time nonrefundable fee
of $ 400.00 to keep the animal in the dwelling unit. The
fee is due when you sign this addendum.
9. Liability Not Limited. The additional monthly rent and additional
security deposit under this Animal Addendum do not limit residents'
liability for property damage, cleaning, deodorization, defleaing, re-
placements, or personal injuries.
10. Description of Animal. You may keep only the animal or animals de-
scribed below. You may not substitute any other animal. Neither you
nor your guests or occupants may bring any other animal —mammal,
reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the
dwelling or apartment community.
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's names•,
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
11. Special Provisions. The following special provisions control over any
conflicting provisions of this addendum:
Resident is responsible for all damages
to the apartment including deo Aria nq
and de-f eainc o£ the apartmen q
Animal's Name xs left blank then no
pets have been reported. AdAitional $150
reVred for second pet/second pet
addition.
12. Emergency. In an emergency involving an accident or injury to your
animal, we have the right —but not the duty —to take the animal to
the following veterinarian for treatment, at your expense.
Doctor:
Address:
City/State/Zip:
Phone: ( i
13. Animal Rules. You are responsible for the animal's actions at all times.
You agree to follow these rules:
13.1 Shots and Licenses. The animal at all times must have current
rabies shots and licenses required by Iaw.You must show us evi-
dence of the shots and licenses if we ask.
13.2 Disturbances. The animal must not disturb the neighbors or
other residents, regardless of whether the animal is inside or
outside the dwelling.
13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or
service animals, and search and rescue dogs must be house-
broken. All other animals must be caged at all times. No animal
offspring are allowed.
13.4Indoor Waste Areas. Inside, the animal may urinate or defe-
cate only in these designated areas: Cats -in litter
boxes.
13.5 Outdoor Waste Areas. Outside, the animal may urinate or def-
ecate only in these designated areas: designated pet
areas
13.6 Tethering. Animals may not be tied to any fixed object any-
where outside the dwelling units, except in fenced yards (if any)
for your exclusive use.
02022 TEXAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK
13.7 off -Limit Areas. You must not let an animal —other than an
assistance or service animal —into swimming -pool areas, laun-
dry rooms, offices, clubrooms, other recreational facilities, or
other dwelling units besides your own, except that search and
rescue dogs shall be allowed to use areas of the property ac-
cessible to the general public, such as the leasing office. Cer-
tain service animals in training shall also be allowed to use
those areas when accompanied by an approved trainer.
13.8 Food & Water. Your animal must be fed and given water in-
side the dwelling unit. You may not leave animal food or water
outside the dwelling unit at anytime, except in fenced yards (if
any) for your exclusive use.
13.9 Leash. You must keep the animal on a leash and under your su-
pervision when outside the dwelling or in any private fenced area.
We or our representative may pick up unleashed animals, report
them to the proper authorities, or do both. We'll charge you a rea-
sonable fee for picking up and keeping unleashed animals.
13.10Animal Waste. Unless we have designated a particular area in
your dwelling unit or on the grounds for animal defecation and
urination, you are prohibited from letting an animal defecate or
urinate anywhere on our property and you must take the ani-
mal off our property for that purpose. If we allow animal defeca-
tion Inside the unit, you must ensure that it's done in a litter box
with a kitty -litter -type mix. If the animal defecates anywhere
on our property (Including in a fenced yard for your exclusive
use), you must immediately remove the waste and repair any
damage. In addition to the terms of this addendum, you must
complywith all local ordinances regarding animal defecation.
14. Additional Rules. We may make reasonable changes to the animal
rules from time to time if we distribute a written copy of any changes
to every resident who is allowed to have animals.
15. Violation of Rules. If you, your guest, or any occupant violates any
rule or provision of this addendum (in ourjudgment) and we give you
written notice of the violation, you must remove the animal immedi-
ately and permanently from the premises. We also have all other rights
and remedies set forth In the Lease, Including eviction and recovering
damages and attorney's fees from you.
16. Complaints About Animal. If we receive a reasonable complaint from
a neighbor or other resident or if we, in our sole discretion, determine
that the animal has disturbed neighbors or other residents, we will
give you written notice and you must Immediately and permanently
remove the animal from the premises.
17. Our Removal of an Animal. In some circumstances, we may enter the
dwelling unit and remove the animal within one day after leaving a
written notice in a conspicuous place.
17.1 Causes for Removal. We can remove an animal under this para-
graph if, in our sole judgment, you have:
(A) abandoned the animal;
(B) lefitheanimal Inthe dwelling unitforanextended period of
time without food or water;
(C) failed to care fora sick animal;
(D) violated ouranimal rules; OR
(E) letthe animal defecate or urinate where It's not allowed,
17.2 Removal Process, To remove an animal, we must follow the
procedures In the Lease, and we may turn the animal over to a
humane society or local authority. We'll return the animal to you
upon request If we haven't already turned it over to a humane
society or local authority. We don't have a lien on the animal
for any purpose, but you must pay for reasonable care and ken-
neling charges for the animal. If you don't pick up the animal
within five days after we remove it, it will be considered aban-
doned.
18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear
and tear resulting from an assistance or service animal, you and all co -
residents are jointly and severally liable for the entire amount of any
damage the animal causes, including cleaning, defieaing, or deodor-
izing. This provision applies to all parts of the dwelling unit including
carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and
appliances, as well as landscaping and otheroutside Improvements.lfan
'Item cannot be satisfactorily cleaned or repaired, you must pay for us
to replace it. Payment for damage, repairs, cleaning, replacements, and
the like are due immediately upon demand. As the owner, you're strictly
liable for the entire amount of any injury that your animal causes to an-
other person or to anyone's property. You indemnify us for all costs of
litigation and attorney's fees resulting from any such injury or damage.
19. Move -Out. Except for reasonable wear and tear resulting from an as-
sistance or service animal, when you move out, you'll pay for deflea-
ing, deodorizing, and shampooing to protect future residents from
possible health hazards, regardless of how long the animal was there.
We —not you —will arrange for these services.
20. Multiple Residents. Each resident who signed the Lease must also
sign this addendum. You, your guests, and any occupants must follow
all animal rules. Each resident is jointly and severally liable for dam-
ages and all other obligations set forth in this addendum, even if the
resident does not own the animal.
21. Dog Park. We may provide an area to be used as a dog park. While
using the park, you will be required to supervise your dog, but may
remove the leash. Leashes must be used while traveling to and from
the park. The park is not supervised or monitored in any way, and you
use the park at your own risk. We are not liable for any Injury, damage
or loss which is caused as a result of any problem, defect or malfunc-
tion of the park. We are also not liable for injury, damage or loss to
any person, animal or property caused by any other person or animal,
including, but not limited to, dog bite, trespass, assault or any other
crime. Furthermore, we are not liable for any disruption in the park's
operation or performance. You hereby release us and our agents, con-
tractors, employees and representatives from any liability connected
with the park. You agree to be responsible for any property damage
caused by you, your guests or other occupants to the park. You un-
derstand that participating in any activity at the park carries a risk of
injury, and you are willing to assume this risk. We make no representa-
tions or warranties of any kind regarding the park.
22. General. You acknowledge that no other oral or written agreement
exists regarding animals. Except for any special provisions noted in
paragraph 11 above, our representative has no authority to modify this
addendum or the animal rules except In writing as described under
paragraph 14. This Animal Addendum and the animal rules are consid-
ered part of the Lease described above.
23. Animal Restrictions. No animal will be allowed that poses a threat
to any other person. You represent that your animal(s) does not pose
a danger or threat of any kind to any person or property, has not dis-
played vicious, aggressive or dangerous behavior; and has never be-
fore injured you or any other person or animal or caused any dam-
age to your property or another person's property. You affirmatively
represent and warrant that you have never had a claim or lawsuit filed
against you or anyone else for an injury or damage caused by or re-
lated to the animal. You understand and agree that the approval of the
animal to live in your apartment is expressly conditioned upon all of
the forgoing being true and If you have made any misrepresentation It
is a violation of the Lease.
You are legally bound by this document. Please read it carefully.
You are entitled to receive a copy of this Addendum after it is fully
signed, Keep it in a safe place.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident) Date signed
Owner or Owner's Representative (sign below)
Date signed
TAA Official Statewide Form 22-E, Revised February 2022 Q
Copyright 2022, Texas Apartment Association, Inc. --
Ml, IVA\
TEXIVv ARNICI NIPNf ASSMIAVION
Bed Bug Addendum
Please note. We want to maintain a high -quality living environment for you. Its 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 of apartments)
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 thatwe 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 body that you believe are caused by bed
bugs, or by any condition or pest you believe is in the dwell-
ing; AND
if you discover any condition or evidence that might indicate
the presence or infestation of bed bugs, or if you receive any
confirmation ofbed-bug presence by a 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 underthe Lease.
7. Responsibilities. You may be required to pay all reasonable costs
of cleaning and pest -control treatments incurred by us to treat your
dwelling unit for bed bugs. If we confirm the presence or infestation
of bed bugs after you move out, you may be responsible for the cost
of cleaning and pest control. If we have to move other residents in
order to treat adjoining or neighboring dwellings to your dwelling
unit, you may have to pay any lost rental income and other expens-
es we incur to relocate the neighboring residents and to clean and
perform pest -control treatments to eradicate infestations in other
dwellings. If you don't pay us for any costs you are liable for, you
will be in default and we will have the right to terminate your right
of occupancy and exercise all rights and remedies under the Lease,
and we may take immediate possession of the dwelling. If you don't
move out after your right of occupancy has been terminated, you
will be liable for holdover rent under the Lease.
8. Transfers. lfwe allow you to transferto another dwelling in the com-
munity because of the presence of bed bugs, you must have your
personal property and possessions treated according to accepted
treatment methods or procedures established by a licensed pest -
control professional. You must provide proof of such cleaning and
treatment to our satisfaction.
This Addendum is part of your lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Owner or Owner's Representative (sign below)
Date signed
Date signed
Date signed
Date signed
Date signed
Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it In a safe place.
Date signed
TAA Official Statewide Form 2311, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
IWA-E.44. Mold Information and Prevention
THN,"AIMU NIRNT ASSo(:INHON Addendum
Please note: We want to maintain a high -quality living environment for our residents. To help achieve thisgool,
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 of cleaning —apply a premixed spray -on household
biocide.
(name ofopartments)
or other dwelling located at 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
(street address ofhouse, duplex, etc.) will take appropriate action to comply with Section 92.051 et seq, of
the Texas Property Code, subject to the special exceptions for natu-
City/State/Zip where dwelling is located: ral disasters.
If you fail to comply with this addendum, you can be held respon-
2. About Mold. Mold is found everywhere in our environment, both sible for property damage to the dwelling and any health problems
indoors and outdoors and in both new and old structures. To avoid that may result.
mold growth, it's important to prevent excess moisture buildup
in your dwelling. Promptly notify us in writing about any air-condi-
tioning or heating -system problems and any signs of water leaks,
water infiltration or mold. We will respond in accordance with state
law and the Lease to repair or remedy the situation.
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Owner or Owner's Representative (sign below)
Date signed
Date signed
Date signed
Date signed
Date signed
Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
Date signed
TAA Official Statewide Form 23-FF, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc. ees
NPI114 4
A ENAS AM I'NIICNT ASS(>CIA'110N
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
of the 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.Call the policefrom anotherlocation and askthem
to meet you before entering.
Make sure locks, latches and sliding glass doors are
properly secured at all times.
Use the keyless deadbolt in your unit when you are at
home.
Don't put your name or address on your key ring or hide
extra keys in obvious places, like under a flower pot. If
you lose a key or have concerns about keysafety, we will
rekeyyour locks atyourexpense, in accordance with the
Lease.
Checkthe door viewer before answering the door. Don't
open the door if you don't know the person or have any
doubts. Children who are old enough to take care of
themselves should never let anyone inside when home
without an adult.
Regularly checkyoursecu 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 of security devices, doors,windows,
smoke alarms and other detection devices , as well as
anyother malfunctioning safety devices 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 of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 1 S-M, Revised October, 2015 Q
Copyright 2015,Texas Apartment Association, Inc. :.........
LEASE ADDENDUM FOR CONCESSION, CREDIT OR OTHER DISCOUNT
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Henderson Apartments Tenant, LP
Texas OR
the house, duplex, etc. located at (street address)
in
Apartments in
, Texas.
2. Concession or discount. As an incentive and bonus to you for signing the TAA Lease Contract, choosing our property,
and agreeing to fulfill your obligations for the entire term of the TAA Lease Contract, you will receive a concession, credit or
discount described below. [Check all that apply]
❑ One-time concession. You will receive a one-time concession in the total amount of $ o . 00
This concession will be credited to your charges for the month(s) of
x❑ Monthly discount. You will receive a monthly discount of $ 0.00 for 14 months.
Special Provisions: Resident acknowledqes that the monthly concession will be forfeited in any
month that the rent is paid late and will be required to pay market rent plus all late
fees. Please add monthly pet rent, when applicable. Any rent concessions provided during
the duration of Resident's lease are null and void and must be reimbursed to Owner if
Resident terminates the lease prior to the expiration date or if Resident breaches the
lease and such breach results in the termination of the lease agreement and securitv
deposit is forfeited.
3. Payment or repayment for breach. If you move out or terminate your TAA Lease Contract early, in violation of the TAA
Lease Contract, you forfeit the concession or credit received under this addendum.
If you fail to pay all of your obligations under the TAA Lease Contract, then you will be required to immediately repay us the
amounts of all concessions and/or discounts that you actually received from us for the months you resided in your dwelling,
in addition to all other sums due under the TAA Lease Contract for unauthorized surrender or abandonment by the resident
(see TAA Lease Contract Par. 27).
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
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
Henderson Apartments Tenant, LP
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
, Texas.
2. Number and size. You may install 0 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
Iles 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.
5. 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.
6. 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 ADDITIONAL SPECIAL PROVISIONS
1. Addendum. This is an addendum to the TAA Lease for Apt. No. in the
Henderson Apartments Tenant, LP
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Purpose. The following special provisions become part of the Lease:
A flat lease retype fee of $25.00 will be incurred if a lease is created more than once.
Deposit is forfeited unless 60 days written notice to vacate is given and apartment is
left clean without damages.
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Henderson Apartments Tenant, LP
Texas OR
the house, duplex, etc. located at (street address)
in
Apartments in
Texas.
2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge
for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of
$ 3.0.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of
$ 3.00 per month (not to exceed $3) for processing and billing.
Your trash/recycling bill may include state and local sales taxes as required by state law.
3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand
delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree
to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will
be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but
we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately
exercise all lawful remedies under your lease contract, including eviction.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Henderson Apartments Tenant, LP
Apartments in
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various
governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we
have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized
formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these
bills, we do not add any other costs to these bills and make no profit off of them.
3. Services and governmental fees allocated. We will allocate the following services and governmental fees:
❑ Cable/satellite television ❑ Registration/license fee
® Stormwater/drainage ❑ Other
❑ Trash removal/recycling ❑ Other
❑ Street repair/maintenance fee ❑ Other
❑ Emergency services fee ❑ Other
❑ Conservation district fee ❑ Other
❑ Inspection fee ❑ Other
4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is
postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so
that payment is received no later than the due date. You will pay a late charge of $ 3.00 (not to exceed $3) if we
do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as
allowed by law, and we may immediately exercise all other lawful remedies, including eviction —just like late payment of rent.
S. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services
and governmental fees indicated above. You will pay separately for these charges which are defined under the Lease as
"Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and
distinct charges as part of a multi -item bill.
You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the
allocation method checked below: (check only one)
❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your
unit's square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units).
❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
0 Per dwelling unit
❑ Other formula (see attached page)
6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest
for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ 3.00 per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
T. Change of allocation formula. The above allocation formula for determining your share of the services and governmental
fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect;
and (2) you agree to the change in a signed lease renewal or signed mutual agreement.
S. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental
entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give
us reasonable advance notice to gather the data.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
LEASE ADDENDUM REGARDING SMOKING
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Henderson Apartments Tenant, LP
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
x❑ 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 25 feet from the buildings in the apartment community, including administrative office buildings. If the previous
field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including
administrative office buildings. The smoking -permissible areas are marked by signage.
Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your
occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building
or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or
rental premises.
4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your
dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning
and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees,
regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to
repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of
the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited
to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building,
shall always be in excess of normal wear and tear in our community and at the rental premises.
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.
7. 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
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Henderson Apartments Tenant, LP
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):
x0 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.
M Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their
vehicles and their apartments.
M Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing
office or M any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed
handguns are prohibited in both).
M Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing
office or M any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked,
openly carried handguns are prohibited in both).
M 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
COMMUNITY POLICIES ADDENDUM
1. Addendum. This is an addendum to the Lease between you and us for Apt. No. in the
Henderson Apartments Tenant, LP
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Payments. All payments for any amounts due under the Lease must be made:
❑ at the onsite manager's office
® through our online portal
❑ by mail to or
® other: Anv participating CashPav Location
The following payment methods are accepted:
® electronic payment
❑ personal check
❑ cashier's check
❑ money order, or
® other: Cash Pav Card
We have the right to reject any payment not made in compliance with this paragraph.
Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid
utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers,
scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company
representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to
open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing
or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm
charges unless due to our negligence; animal -related charges outlined In the Lease; government fees or fines against us for violation (by
you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters;
late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys
and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent
if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred in rekeying security
devices required by law if you vacate the apartment in breach of this Lease.
Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by:
® online portal
® email to
❑ hand delivery to our management office, or
❑ other:
From time to time, we may call or text residents with certain promotional or marketing messages that may be of Interest. By signing
this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you
provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call
list. To ont out of receivina these messaaes. please submit a written reauest to us by the method noted ahnve,
You aaree to receive these messaaes from us through an automatic telenhone dialina system, orerecordedlartificial voice
messaaes. SMS or text messages. or anv other data or voice transmission technoloa_v_. Your aa_reement is not reo_uirad as a
condition of the purchase of anv nronertv. goods. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's
expense at any time if the vehicle: (a) has a flat tire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or
staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated "no parking" area; (i) is in a space that requires a permit or
is reserved for another resident or apartment; 0) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or
(m) is not moved to allow parking lot maintenance.
6. HVAC Operation. If the exterior temperature drops below 32' F you must keep the heat on and set to a minimum of 50° F. You must
also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32° F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of anyAmenities by you, your invitees, your licensees, your occupants, or your guests. This
release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities.
8. Package Services. We ❑ do or ® do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
9. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable
accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations
under applicable law.
10. Special Provisions. The following special provisions control over conflicting provisions of this form:
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
VALET TRASH SERVICE ADDENDUM
We are pleased to provide valet trash service in your Avesta community. Service will be
provided five nights a week: Sunday through Thursday (excluding holidays). When a holiday
falls on a regular collection day, you will receive advance notice of the holiday schedule, which
may include service on irregular days.
Valet trash service is $35.00 per month, payable as part of your regular rent.
Included in this service is one unique trash container for your apartment home to be used in
conjunction with the service.
How it works:
• Collection service will begin at 8 : OOPM on the nights the service is provided. Bags of
trash must be placed in the provided container and outside your front door between
6:OOPM and 7:OOAM
• Containers must be back inside your apartment home by 9:00 a.m. the following morning.
• If you miss service on any of the designated nights, you may either bring the trash to your
community's compactor or dumpster area yourself, or (2) bring the trash back inside your
apartment unit until the next collection period.
You should know...
• It is the responsibility of each resident to keep his or her trash container reasonably clean.
• All trash containers must have a trash liner (provided by tenant). No loose trash or trash bags
will be collected, so make sure to securely tie the bags and place them
inside the container. Boxes must be broken down, flattened, and neatly placed in the container.
• Trash containers are the property of the valet trash collection service vendor. Additional or
replacement containers are available for $25.00 , which may be charged to you if
yours is
removed or lost.
No one wants to live in a community covered in trash, therefore, rules regarding trash disposal
will be strictly enforced. We may treat the unwillingness to comply with the requirements of
this program as a material violation of your lease agreement and issue the appropriate notice,
as well as a $ 50.00 fine for each violation. Repeated or severe violations may lead to
the removal of the container and suspension or termination of the service to your apartment
home. If service is suspended, there may be a $ 50.00 reinstitution charge. If we
suspend or terminate this service based on your violations, the monthly service charge will
remain in place for the duration of your lease.
We may choose to cease valet trash collection services at this community at any time. Should
we choose to do so, you will be notified in advance and the monthly charge will be lifted.
We are happy to provide our residents this exciting new amenity! Please do your part in keeping
your community clean and beautiful. By signing this Valet Trash Service Addendum, you are
stating that you fully understand the how the service works and your responsibilities, including
the associated charges.
Resident:
Date:
Resident:
Date:
Resident:
Date:
Resident:
Date:
Credit Reporting Program Addendum
This Credit Reporting Program Addendum (this "Addendum") is entered into and made part of that certain
Apartment Lease Contract, dated 08/12/2024 (the "Lease Agreement") between Henderson
Apartments Tenant, LP
the owner of The Henderson (the "Property") and
(the "Leaseholder"). By signing the Lease Agreement, and pursuant to this Addendum, each Leaseholder is
opting into a monthly credit reporting program (the "Program") as indicated herein with respect to the
Lease Agreement for the premises located at
. Should any conflict exist between the provisions of the
Lease Agreement and this Addendum, the provisions of this executed Addendum shall control.
1. Each Leaseholder agrees to pay the monthly Credit Report Program Fee (as defined in paragraph 3 below)
under this Addendum for the duration of time Resident leases the unit. The Leaseholder shall remit
payment when and where rent is paid, as outlined in the Lease Agreement.
2. Except as expressly provided herein, Leaseholders' participation in the Program shall not modify, waive, or
alter any other terms or conditions of the Lease Agreement, which shall remain in full force and effect
unless otherwise agreed upon in writing by the parties.
3. Pursuant to and limited only by the relevant laws of the state, municipality, or controlling jurisdiction under
which the Property is located, Leaseholder agrees to pay, as a monthly fee, the charges incurred for
reporting Leaseholder's rental payments to consumer reporting agencies ("Credit Report Program Fee"),
which Leaseholder shall remit as follows:
Each Leaseholder shall remit the Credit Resort Proaram Fee each month, for the duration of time
the Leaseholder leases the unit, as itemized in the Leaseholder's lease billing statement, in the
amount of no less than $6.00
4. As a result of the Program, the Owner, or its credit reporting partner may report the timely payment, the
delinquencies of any payment obligations by the Leaseholder and/or the satisfaction of any such delinquent
payments, in accordance with applicable law and the policies and procedures of the Owner and/or such
credit reporting partner. Leaseholder understands and acknowledges that such credit reporting may
improve or adversely affect Leaseholder's credit profile and/or credit score, depending on the activity that is
being reported. LEASEHOLDER ACKNOWLEDGES AND AGREES THAT OWNER SHALL NOT HAVE
ANY LIABILITY WITH RESPECT TO LEASEHOLDER'S CREDIT HISTORY, CREDIT PROFILE, OR
CREDIT SCORE, OR THE REPORTING OF LEASEHOLDER'S PAYMENT OR COLLECTION HISTORY
UNDER THE LEASE AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED FOR UNDER APPLICABLE
LAW OR AS EXPRESSLY SET FORTH HEREIN.
5. Owner may terminate this Addendum or the Program at any time upon written notice to Leaseholder. Upon
termination of this Addendum or the Program, Leaseholder understands that Owner, or its credit reporting
partner will no longer report Leaseholder's payment history under the Lease Agreement.
6. Each Leaseholder certifies the understanding of, and agreement to, the following terms of the Program
(initial each):
I agree to timely remit all Credit Report Program Fee payments to the Owner to
maintain a current account (i.e., not delinquent). I understand that a failure to
remit any Credit Report Program Fee when due will be deemed a material
default of the Lease Agreement which may result in adverse action, including,
but not limited to, late payment finance charges and the possibility of eviction.
I understand that the Owner, either itself or through its property manager, is
contracted with third parties and may share my information with such third
parties to facilitate on -time rental payment history to a credit reporting agency
chosen by Owner or such third -party.
Last Updated - 01/10/2024
I understand that my on -time and/or delinquent payment history will be
provided to credit reference and fraud prevention agencies, banks, employers,
and previous landlords and may be used by them.
I have had ample opportunity to ask all questions that I may have about this
Program and have asked such questions which I desired to ask.
I agree that in order to opt out of the Program, I must do so directly by either (a)
visiting Settings in the resident portal (TenantPort), selecting the CredBuild
section and clicking on "Opt Out" or (b) emailing and
instructing us that you are opting out of the CredBuild platform. I understand
that I can opt out of the Program at any time during the duration of my lease by
following these instructions and that I will continue to be charged the monthly
Credit Reporting Program Fee until I opt out of the Program. I further
understand that, subject to the foregoing process being correctly followed, any
election to opt out of the Program will not be effective until the next full month
following your opting out of the Program and that the Credit Report Program
Fee (or any portion of the Credit Report Program Fee) for the month that you
opt out will not be returned or refunded to you.
[Signature page follows]
Leaseholder Signature Date
Leaseholder Signature Date
Leaseholder Signature Date
Leaseholder Signature Date
Leaseholder Signature Date
Leaseholder Signature Date
Last Updated — 01/10/2024
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
• We ❑ are or M are not aware that the unit you are renting is located in a 100-year floodplain. If
neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not
in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency
Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by
address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance
policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that
would cover losses caused by a flood.
• We ❑ are or ® are not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2), "flooding" means "a general or temporary
condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or
tidal waters; (8) the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river, stream, or drainage ditch; or (C) excessive rainfall."
Signatures of All Residents Signature of Owner or Owner's Representative
Date
Texas Apartment Association
Electronic Notification Addendum
Avesta would like to send text messages and emails to you as a more convenient and easy way to communicate notices
relating to maintenance requests, rent, extreme weather, and community news. Would that be OK? We promise not to
spam you!
Sure, I/we would love for Avesta to communicate with me via text messages and email!
My home's primary point of contact is (must be leaseholder):
My home's primary email address is:
My home's primary cell phone number that should receive any texts is:
My home's secondary point of contact is (other leaseholder or resident):
My home's secondary email address is:
My home's secondary cell phone number that should receive any texts is:
I understand if any of the above information changes I will promptly notify my Community Manager in person or
writing.
I understand and accept responsibility as my home's primary point of contact, to relay any necessary correspondence to
other leaseholders. All other leaseholders acknowledge that the primary point of contact identified above may be the
only leaseholder to receive certain notifications. I/we understand Avesta cannot be held responsible for notices the
primary point of contact does not convey to other leaseholders.
I understand that depending on the context of a message it is possible that if Avesta sends a text message or email to
me, Avesta may choose to not use an additional means of communication to provide the same message.
Sorry, not at this time.
Signed,
Resident Date
Resident Date
Resident Date
Resident Date
M&C Review Page 1 of 7
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
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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
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Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low -to -moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects - $636,610,00: Includes for multifamily rental rehabilitation
Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
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