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HomeMy WebLinkAboutContract 62540Rental Assistance Landlord Agreement Page 1 of 14 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PALLADIUM EAST BERRY, LTD. This RENTAL ASSISTANCE LANDLORD AGREEMENT (“Agreement”) is made and entered into between the CITY OF FORT WORTH (“City”), and PALLADIUM EAST BERRY, LTD. (“Landlord”), each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, (“Tenant”) is a participant in the City’s rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City’s payment of the defined portion of Tenant’s rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A – Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party’s performance, agree to the following terms and conditions: 1.PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 3-bedroom (“Lease”). The unit is located at (“Unit”), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on September 1, 2024 and shall expire on August 31, 2025, unless terminated earlier in accordance with this Agreement (“Initial Term”). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms Rental Assistance Landlord Agreement Page 2 of 14 and conditions, provided however that the rental rate and any amounts payable by City shall be provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant’s lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The named Tenant may be eligible for security deposit payment assistance payable to Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a federally funded program (including the Permanent Housing Placement Program), after deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full amount of the balance to the City in accordance with HUD regulations.This does not limit Landlord’s right to withhold any portion of the deposit that would normally be withheld at termination under the terms of the underlying lease. Based upon the City’s review, City will pay a $0.00 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Payable by City 3.2.1 Rent. Initial Term: The City has been notified that the Tenant’s Total Rent during the Initial Term is $1,755.00 per month for the Unit. Tenant shall be responsible for $0.00 of rent per month from September 1, 2024 to September 30, 2024. Tenant shall be responsible for $723.00 of rent per month from October 1, 2024 to August 31, 2025. City shall be responsible for $1,755.00 of rent per month from September 1, 2024 to September 30, 2024. City shall be responsible for $1,032.00 of rent per month from October 1, 2024 to August 31, 2025. Rental Assistance Landlord Agreement Page 3 of 14 A complete history of rental obligations due under this Agreement, per lease term, is included in Attachment A.Neither City nor HUD assumes any obligation for the Tenant’s Portion of the rent, or for payment of any claim by Landlord against Tenant. The City’s sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 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. Rental Assistance Landlord Agreement Page 4 of 14 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant’s lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days’ written notice of termination. 4.2.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of termination of this Agreement, Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of this Agreement, the only remedy Landlord may assert for any claim, no matter the kind or character, arising out of this Agreement is for the City Portion of the Tenant’s Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING QUALITY 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. Rental Assistance Landlord Agreement Page 5 of 14 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City’s Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REQUIREMENT 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. Rental Assistance Landlord Agreement Page 6 of 14 7.3 The City’s right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City (“City Information”) as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with Rental Assistance Landlord Agreement Page 7 of 14 the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Rental Assistance Landlord Agreement Page 8 of 14 Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Jesica McEachern 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 To LANDLORD: Palladium East Berry, Ltd. 13455 Noel Rd. Suite 400 Dallas, TX 75240 Attn: Julie Martin Rental Assistance Landlord Agreement Page 9 of 14 16. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. Rental Assistance Landlord Agreement Page 10 of 14 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City’s Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act (“Act”). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY’s website, and Landlord is therefore waiving Rental Assistance Landlord Agreement Page 11 of 14 any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a “company” under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord’s signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord’s signature provides written verification to City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 12 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Jesica McEachern Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kacey Bess Title: Director Neighborhood Services Department ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary 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: ______________________________ Name: Julie C. Peña, MSW Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0552 LANDLORD: By: Name: Kayla Townsend Title: Property Manager Date: ____________________________ Rental Assistance Landlord Agreement Page 13 of 14 Attachment A History of Rental Obligations by Lease Term Lease Term Total Rent Tenant’s Portion City’s Portion Initial Term $1,755 From September 1, 2024 to September 30, 2024: $0 From October 1, 2024 to August 31, 2025: $723 From September 1, 2024 to September 30, 2024: $1,755 From October 1, 2024 to August 31, 2025: $1032 Rental Assistance Landlord Agreement Page 14 of 14 EXHIBIT A Copy of Tenant’s Lease `� ��, This Lense is valid only iffilled outbeforeJanuary 1, 2026. ,,.:�:�.5,,,,:,H, �,,:..., ,�5�,�:,,,,�,,,N ���rtment Lease Contract This is a binding contrad. Read carefullybefore signing. T�is Lez ;e Contraci ("Leas=") is be'wec�c �au, ",he resident�s) as listed below and us. The terms "you" and "your" referto all residents. The terms "we," "us;' and "our" refer tothe owner listed below. PARTIES � � Ocwpants LEASE DETAILS F. ApartmeM (Par.2) c..ini°,ialLeaseTerm.Begin� 09;01/2D24 Endsat11:59p.m.on: OS/31/2025 C. Me;�thly Base Rent (Par. 31 E. Sacurity Deposit (Par.S) F. Notice of Termination or Intentto Move Out jPar.4) 5 1755_00 5 300.00 Aminimumof 60 days'writtennoticeof — --- terminationorintenttomoveoutrequiredatendofinitialLease term or during renewal period No[e that this amount does nat �.ProratedRent indudeanyAnimalDeposit,which Ifthenumberofdaysisn'tfilledin,noticeofatleast30days would6ereflec[edinanAnimal isrequired. 5 — Addendum. �I duefortheremainderoflst mcnth or '1 for 2nd month G.Lri��ees(Par.3.3� EniCia' La:e Fee Daily Late Fee O_ �r5 of one month's rno�th!y base rent or O %of one month's monthly base rent for days or ��5 �5.00 __ �$ 5.00 for 15 days Due if rent unpaid by 11:59 p m on th^ _ 3rd (3rd or greater) day oithe month F?.Re.w�nedChecl<orRej^c.ed J..a�lyTerminationFeeOption(Par.7.2) K.ViolationCharges PaymentFee(Par.3.4) $ Animal Violation (Par.12.2) 5 50 . 00 _ ___ Notice of 'ip days is required. Initial charge of S 100 . 00 peranimal (not Youarenoteligibleforearlyterminationif toexceed$100peranimal)and 7,Re:ettingCharge(ParJ.7J %ouareindefaudt. Adailychargeof$ 10.00 peranimal �a rele!tIn char e of $ 1504 . 50 Fee must be paid no later than (not to exceed $10 per day per animal) 9 9 days after you give us notice (.notinoxceed85%ofthehighesf �fonyvafuesornumberofdaysareblankor"0," InsuranceViolationlMasterLeaseAddendum moni:JyTsentduringtheLeaseterm) thenthissec[iondoesnotapply. orotherse arateaddendumj may be charyed in certain default P situations 5 L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separatelyfor these items as outlined below and/or in separete addenda, Speci� I Pi ovisions or an amendment to this Lease. Animal rent $ 15.OD_ __ _ Cable/satellite S Internet $ Packageservice $ _ Pestcontrol 5 Stormwater/drainage 5 Trash service S _� Washer/Dryer S Other _ $ Other �. 5 0'_her: S Cther: _ _ _ » � S P%i. Ut Ii:ies and O4her Variable C!ze: qes. Ybu evill pay separately for gas, water, wastewater, electricity,tresh/recyding, utility billing fees and other items .�s outlined in separate addenda, Special Provisions or an amendment to this Lease. litili.v Connection Charge or Transfer Pee: $ 50_00 (not to exceed $50) to be paid within 5 days of written notice (Par.3.5) v. OTher Charges and Requiremen?s. You viill pay separately forthese items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Sp:•rial Provisions. Initial Access Device: $_ AddiYionalorReplaceme:itAccessDevRces:S . _,_,_, ____.____ RequiredlnsuranceLia6ilityLimit(peroccurrence):$ Special Provisions. See Par.32 or additional addenda atta�hed.This Lease cannot be changed unless in writing and signed byyou and us. Apar:ment Lense Contrac; nZ023,Texas Apartmcnt Association, Inc Page 1 oF6 1. Definitions.ThefollowingtermsaremmmonlyusedinthisLease: 1.1. "Residents"arethoselistedin"Residents"abovewhosign this Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed in this Lease who are also autho- rized to live in the apartment, but who do not sign this Lease. 73. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Induding" in this Lease means "induding but not limited to." 1.5. "CommunityPolicies"arethewrittenapartmentrulesand 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. "RenY' is monthly base rent plus additional monthly recurring fixed charges. 1.7. "Lease"includesthisdocument,anyaddendaand 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.InaccordancewiththisLease,you'llreceiveaccess information or devices for your apartment and mailbox, and otheraccessdevicesinduding:��rtment Kep{$} 2 , Mailbox KeY {�} ], �A,ceess Fob/ Remote�s)`1 per adult �_ 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. 23. Representations.Youagreethatdesignationsoraccredi- tations associated with the property are su6ject to change. 3. Rent.YoumustpayyourRentonorbeforethelstdayofeach month (due date) without demand. There are no exceptions regardingthepaymentofRent andyouagreenotpayingRenton or before the 7st 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 payyour Rent by any method, manner and place we specify in accordance with this Lease. Cash is notacceptab/e wi[houf ourpriorwritten permission. You cannot withhold or affset 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 af Payments. Payment of ea�h sum due is an independent covenant, which means payments are due regardlessofourperformance. Whenwereceivemoney, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice firstto 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 otherthan 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 fu ll when iYs due, you must pay latefees as outlined in Lease Details. Returned Payment Fee. You'll pay the fee listed in Lease Detailsfor 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 orfees when they are due and as outlined in this Lease. Television channels that are provided may 6e changed during the Lease term ifthe change applies to all residents. If your eledricity is interrupted, you must use only battery- operated lighting (noflames). You must not allow any utilities (otherthan �able or Internet) to be cut off or switched for any reason—induding disconnection for not paying your bills—until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notify the provider ofyour move- out date. If you delay getting service turned on in your name by this Lease's start date or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable forthe charge listed above (notto exceed $50 per billing period), plus the adual or estimated cost ofthe utilities used while the utility should have been billed to you. Ifyour apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable providerfees, induding anyfees to change servi�e back into our name after you move out. Lease Changes. Lease chan ges are only allowed during the Lease term or renewal period if govern ed by Par.10, specified in Special Provisions in Par.3�, or bya written addendum or amen d ment signed by you and us. At or after the end of the initial Lease term, Rent increases will bemme effedive with at least 5 days pl us th e number of days' advance notice contained in Box F on page 1 in writing from us to you. Your new Lease, which may indude increased Rentor Lease changes,will begin on the date stated i n any advance notice we provide (without needing yoursignature) unless you give uswritten move-out notice under Par. 25, which applies onlyto the end ofthe 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 wrltten notice of termination or intent to move outas required by Par. 25 and specified on page 1. If the number of days isn't filled in, no- tice of at least 30 days is required. Security Deposit.The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit will be designated in an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. RefundsandDeductions.YoumustgiveusyoaradvanGe notice of move out as orovided 6y Par.25 artd Farwardina add_ress in writing to receive a written description and itemized list af charqes ar refund.In accordancewith this Lease and as allowed by law, we may deduct from your security deposit any amounts due under this Lease. lf vou move aut earl y or in rQspqn�g to o rto[ice ta vpta[e, you716e 1fa81e for�eke ��inarharaes. Upon receipt of your move-out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized actounting of any deductions, no laterthan 30 days after surrenderorabandonment, unless laws provide otherwise. Any refund may be by one paymentjointly payable to all residents and distributed to any one residentwe choose, ordistri6uted equallyamong all residents. Insurance. Our insurance doesn't cover the loss of or damage to yourpersonal property. You will be required to have lia6ility insur- ance as specified in this Lease unless otherwise prohibited by law. If you have insurance covering the apartment oryour personal belong- ings at the ti me you or we suffe r or al I ege 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, Flood, water, pipe leaks and similar occurrenc- es. Most renter's insurance policies don't cover losses due to a Flood. Reletting and Early LeaseTerminatian. 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) ifyou: (A) fail to mo�e in, or fail to give written move-out notite as required in Par, 25; (B) move outwithout paying Rent in full for the entire Lease term or renewal period; (q move out at our demand because of your default; or (D) are judicially evicted. The reletting tharge is not a terminatlon, canwllation or buyout fee and does not release you from your o6ligations under this Lease, including liabilityfor future or past-due Rent, �harges 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 msts, and locato�-service fees. You agree that the reletting charge is a reasonable estimate of our damages and thatthe charge is due whether or not our reletting attempts su�ceed. 7.2. Early LeaseTermination Option Procedure. In addition to yourtermination rights referred to in 73 or 8.1 below, ifthis pro�ision applies under Lease Details, you may opt to terminate this Lease prior to the end of the Lease term ifall of the following occur: (a) as outlined in Lease Details, you give us written notice of early termination, pay the Early Termina- tion Option fee in full and specifythe date bywhich you'll move out; (b) you are not in default at anytime and do not hold o�er; and (c) you repay all rent concessions, credits or discounts you received during the Lease term. Ifyou are in default, the Lease remedies apply. 73. SpecialTerminationRights.Youmayhavetherightunder Texas law [o terminate thls Lease early in certain situations involving milttary deployment or transfer, family violence, certain sexual offenses, stafking or death of a sole resident. Delay af Occupancy. We are not responsible for any de lay of your occupancy caused byconstruction, repairs, cleaning, or a previous residenYs holding ovecThis Lease will remain in force subjed to (1) a6atement of Rent on a daily basis during delay, and (2) your right toterminate this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay isfor 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 oaupancy when or after this Lease begins, you may termi- natethis Leasewithin 3 days afteryou rereivewritten 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 propertermination, you are entitled onlyto refund of any deposit(s) and any Rent you paid. Apartmen[ Lease Contract �2023, Texas Apartmeni Association, In�. Page 2 of 6 9. CareofUnitandDamages.Youmustpromptlypayorreimburseus for loss, damage, mnsequential damages, government fines or charg- es, or cost of repairs orservice 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, exceptfor damages by acts of God to the extent they couldn't be mitigated by your adion or inadion. Unless damage or wastewater stoppage is due to our negligence, we're not liable for—and you must pay for—repai�s and replace- ments occurrrng during the Lease term or renewal period, includ- ing: (AJ damage from wastewaterstoppages caused 6yimproper abjects in lines exclusively serving your apartmen4 (B) damage ta doors, windows, orscreens; and (C) damage from windows or doors left open. 10. CommunityPolicies.CommunityPoliciesbecomepartofthis Lease and mustbe followed. We may make changes, induding addi- tions, to our written Community Policies, and those changes can be- come effective immediately if the Community Policies are distributed and applicableto all units in the apartment community and do not change the dollaramounts owed underthis Lease. 10.1. PhatolVideo 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.i. 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. 103. Guests.Wemayexdudefromtheapartmentcommunity any guesu or others who, in our solejudgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or mmmon 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 apartmentformorethan__ 7__daysinoneweek 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. Natice of Con�ictions and Registration. You must notify us within 15 days ifyou or any ofyour occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled su6stance, violenceto another person, or destruction of property, or (Q register as a sex offender.lnforming us ofa criminal conviction or sex-offender registration doesn't waive any rights we may have against you. 10.5. Odors, Noise and Construction. You agree that odors and smells (induding those rela[ed 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 impracti�al for us to prevent them from penetrating your apartment. 11. Canduct. You agree to communicate and condu�t yourself in a law- ful, courteous and reasonable manner at all times when interading with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or condud 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 6e disposed of at least weekly. You will use your apartment and all other areas, induding any balmnies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and adivities in common areas. 11.1. ProhibitedConduct.You,yourocapants,andyourguests will not engage in certain prohibited conduci, induding the following activities: (a) criminal conduct; manufaduring, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohihited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving in a loud, obnoxious or dangerous manner; (c) distur6ingorthreateningtherights,comfort,health,safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything in dosets containing water heaters or gas appliances; (fl tamperingwithutilitiesortelecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windowsfor entry or exit; (i) heating the apartmentwith gas-operated appliances; (j) making 6ad-faith orfalse allegations against us or our agents to others; (k) smokingofanykind,thatisnotinaccordancewiththis Lease; @ 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—exceptfor any lawful business conducted "at home" 6y computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures ofanykind are allowed, even tempo- rarily,anywherein [heapartmentorapartmentcommunityun- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as setforth 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 orwild animals is a 6reach of this Lease. 12.1. Removal of Unautharized 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; tum the animal overto a humane society, local authority or rescue organization; or return the animal to you if we consentto your requestto keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liablefor loss, harm, sickness, or death ofthe animal unless due to our negligence. You must payfor the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. If you or any guest or occupant violatesthe animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided inthis Lease, including animalviolation charges listed in Lease Details from the date the animal was brought into your apartment until it is removed. If an animal has been in the apartment at anytime during your term of oaupancy (with or without our mnsent), we'll charge you for all deaning and repair costs, induding defleaing, deodorizing, and shampooing.lnitial and dailyanimal-violation chargesand animal-removal charges are liquidated damages for ourtime, in�onvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes oftransportation, including bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehide owner or operator, anyvehide that is not in compliance with this Lease. 14. When We May Enter. If you or any other resident, guest or occupant is present,then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospedive 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 Lcase Contract C�2013, Texas Apartment Association, Inc Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. WrittenRequestsRequired.lfyouoranyoccupanfneeds to send a request—(or example, for repairs, insta/la[ions, services, ownership disc%sure, orsecurlty-related matters— itmust be writ�en and delivered to ourdesignated representative in accordance with this Lease (except for fair-housing acwmmodation or modification requests or situations involving imminent danger orthreats 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 trme, manner, method and means of performing maintenance and repairs, inc/uding whether or which vendors to use, are within our sole discretion. 75.2. YourRequirementtoNotify.Youmustpromptlynotifyusin 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 mnditioning problems are normally notemergencies. 153. Utilities. We may change or install utility lines or equipment serving the apartment ifthe work is done reasonably without su6stantially increasing your utility costs. We mayturn off equipment and interrupt utilities as needed to perform work orto avoid property damage or other emergencies. If utilities malfunction or are damaged 6y 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 reasonahle 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" acmunts forthe severity and nature of the problem and the reasonable availability of materials, labor, and uti lities. Ifwe fail to iimelyrepair a condition that materiallyaffects the physical health orsafety of an ordinary resident as required by the Texas Property Code, you maybe entitled to exercise remedies under§ 92.056 and § 92.0561 of the Texas PropertyCode.lfyou ioflow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination o/this Lease andan appropriate refund under 9Z.056(fJ; (2J have the condition repaired or remedied according to 4 92.0561; (3) dedurt from the Rent the cost of the repair or remedy according to § 9�.056i; and 4) judicialremedies according to § 9�.0563. 16. Our Right to Terminate for Apartment CommunityDamage or Closure. If, in our solejudgment, damages to the unit or building are significant or performance of needed repairs poses a dangerto you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. lf termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose of your personal property if, in our solejudgment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. PropertyClosure.Wealsohavetherighttoterminate 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. AssignmentsandSubletting.YoumaynotassignthisLeaseorsub- 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 orser- vice that advertises dwellings for rent. 18. Seturity and Safety Devices. We'11 oayfor missin� se�uritv de- vices that are required 6y law. Ypu'll payfar.lAl reke r�a that rLau reuuest lunless we faifed [a rekev after the areviaus resi- dent moved outl: and [61 reoairs or renlacements be[ause of misuse ar damaae bv vou ar vaur familv, vour accuoants. or vour uests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advanre for any additional or changed security devices you reque5t. Texas PropertyCode secs. 92.157, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a windowlatch on each window; (B) a doorviewer(peep- hole or windaw) on each exterior door; (CI a pin lack on each sliding door; (D) either a door-handle latch or a securlty 6ar on each sliding door, fEJ a keyless 6olting device (deadbolt) an each exterior doow, and (F) either a keyed doorkno6lock or a keyed deadbolt lock on one entry daor. Keyed locks will6e rekeyed after the prior resident moves out. The rekeying will6e done either 6efore you move in or within 7 days after you move in, as required 6y law. If we fai! [o in- stall or rekeysecurity devices as required by faw, you have the right to do so and deduct the reasona6le cost from your next Rent pay- ment underTexas Property fode sec. 92.165(1J. We maydeactivate or not install keyless 6olting devices on your doors if (A) you or an occupant in the dwelling is over 55 or disa6led, and (8) the require- ments ofTexas Property Code sec. 92.153(e) or (fJ are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law orcityordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession ofyour apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. You must payfor and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries atyour expense, without prior notice to you. Neither you noryour guests or occupants may disable alarms or dete�tors. lfyou damage or disable the smoke alarm or remove u battery withoutreplacing it wlth a working 6attery, you may 6e 1ia6/e to us under TexasPropertyCodesec.92.2611 forS100plusone mon[h's Rent, actual damages, and attarney's fees. 18.2. Dutyto Report.You must immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable ifyou fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident5afetyandLoss.Unlessotherwiserequired6ylaw,none o(us, our employees, agents, or management companies are 1ia61e to you, yourguests or occupants for any damage, personal injury, loss to personal praperty, orloss of business orpersonalincome, from any cause, including but not limited to: negligent or intention- al acts ofresidents, occupants, orguests,• thek, 6urglary, assault vandalism or othercrimes; fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption ofutilities, pipe leaks or other occurrences unless such damage, injury or/oss is caused exclusively 6y our negligence. We do not warrantsecurity ofanykind. 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 oaupants. You rer 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 malfunr tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, anyfalse alarms with police/fire/ambulance response or other required city charges. 20. Condition ofthe Premises and Alterations. Z0.1 20.2. 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 fo rm or within 4S h ours after move-in, whichever mmes first, you must note on the form all defeds 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 aut.Otherwise, everything will be considered to be in a dean, safe, and good working condition. You must still send a separate requestfor any repairs needed as provided 6y Par. 15.1. 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. Unlessthis 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 door- Apa rtment Lease Contrac[ �2023, Texas Apartmen[ association, Inc. Page 4 of 6 bells, or lockchanges, additions, or rekeying is permitted unless required by law or we've consented in writing. You may install a satellite dish or antenna, but only ifyou sign our satellite dish orantenna lease addendum,which complies with reasonable restrictions allowed byfederal Iaw.You must not alter, damage, or remove our property, induding alarm systems, detection devices, appliances,furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, in- cluding e�erior fixtures operated from inside the apartment; afterthat, You'll replace them at your expense with bulbs ofthe same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to orfrom our employees, agents, or management companies mnstitutes notice to orfrom 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. ElectronicNatice.Noticemaybeqivenelectronicallyby us to you if allowed 6y law. If allowed by law and in accordance with this Lease, electronic notice irom you to us must be sentto the email address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address if allowed in this Lease. You representthat you have provided your current email address to us, and that you will notify us in the event your email address changes. 22. Lia6ility.EachresidentisjointlyandseverallyliableforallLease obligations. If you or any guest or occupantviolates this Lease or our Community Policies, all residents are considered to have violated this Lease. 22.7. Indemnification byYou.You'lldefend indemni(yandhold us and our emp/oyees, agents, andmanagement company harmless from alllia6ility arising fram your conduct or requests to ourrepresenta[ives and from the conduc[ of or requests byyour invitees, occupants orguests. 23. DefaultbyResident. 23.1. 23.2. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, induding monthly re�urring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give incorrect, incomplete, orfalse answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, mnvicted, or given deferred adjudi�ation 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 substan�e, marijuana, or drug paraphernalia as defined in the Texas Controlled Substances Act, or (2) any sex- related crime, induding a misdemeanor. Eviction. lf you default, induding holding over, we may end your right of occupancy 6y giving you at leasf a 24- hour written notice to vacate. Term ination of your possession rights doesn't release you from liability for future Rent or other Lease obligations.Aftergivingnoticeto vacateor filinganevictionsuit wemaystiflarcep[Rentorother sums due; the filing or acceptance doesn't waive or diminish ourrightofevictionoranyothercontractualor 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 wiYh eviction proceedings. In an eviction, Rent is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rentforthe rest ofthe Lease term or renewal period will be accelerated automatically without notice or demand (before or after a«eleration) and will 6e immediately due if, without our written consent: (A) you move out, remove property in preparing to move out, or you or any occupant gives oral or written notice of intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rentforthe entire Lease term or renewal period. Remaining Rent will also be a�celerated ifyou'rejudicially evided or move out when we demand because you've defaulted. If you don't pay the first month's Rent when or before th is Lease begins, all future Rent for the Lease term will be automatically accelerated without notice and become immediately due. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover.Youandalloccupantsmustvacateandsurrender the apartment 6y or before the date contained in: (1) your mo�e-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 Ilable to us for a II Rent for the full term of the previously signed lease of a new resident who can't occupy because ofthe holdover, and at our option, we may extend the Lease term and/or increase the Rent by �5�/a by delivering written notice to you or your apartment while you continueto hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collectortries to colled any money you owe us, you agree that we or the debt colledor may contact you by any legal means. If you default, you will pay us, in addition to other sums due, any rental dismunts or concessions agreed to in writing that have been applied to your account. We may remver attorney's fees im m�nedion with enforcing our rights under this Lease. All unpaid amounts you owe bear interest atthe rate provided byTexas Finance Code Section 304.003(c) from the due date. You must pay all collection- agencyfees ifyou fail to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection-agencyfees will 6e added ifyou don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expenseforany eviction proceeding against you, plus our attorneys fees and expenses, court costs, and filing fees actually paid. 24. Representatives'AuthorityandWaivers.0u�representatives(]n- cluding management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease or any part ofit unless in writing andsigned, and no authorlty to makepromises, rep- resentations, or agreements that impose security duties or other ob- ligations on us or ourrepresentatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of any subsequerit violation, default, or time or place of performance.0ur choice to enforce, not enforce or delayenforcement of written-na- tice requirements, rental due dates, ncceleration, liens, or any other rights isn't a waiver underany circumstances. Delay in demanding sums you owe is not a waiver. Except when notice or demand is required by law, you waive any notice and demand for performance from us if you default Noth ing in this Lease constitutes a waiver of our remedies for a breach under your prior lease that occurred before the Lease term begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the owner's lender chooses othenvise. All remedies are cumulative. Exercising one remedywon't constitute an eledion orwaiver of other remedies. All provisions regarding our nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our tontradual, statutory, or other obliga- tions merely by virtue of acting on our behalf. �� • 25. Move-OutNotice. Beforemovingout youmustgiveourrepresen- tative advance written move-out notice asstated ln Par. 4, even if thls Lease has become a month-to-month lease. The move-out date can't be changed unless we and you both agree in writing. Vour move-out notice must comply with each of the following: (a) Unless we require more than 30 days' notice, ifyou give notice on thefirst day of the month you intend to move out, move out will be on the last day of that month. (6) Yourmove-outnoticemustnotterminatethisLease beforethe end of the Leaseterm or renewal period. (c) Ifwerequireyoutogiveusmorethan30days'written notice to move out befo re the end of the Lease term, we will give you 1 written reminder not less than 5 days nor mo�ethan 90 days before yourdeadline for giving us your written move-out notice. If we fai I to give a rem i nder notice, 30 days' written notice to move out is required. (d) Youmustgetfromusawrittenacknowledgmentofyour notice. 26. Move-Out Procedures. 26.1. Cleaning.Youmustthoroughlycleantheapartment,including doors,windows,fumiture, bathrooms, kitchen appliances, patios, 6akonies, garages, carports, and storage rooms. You must follow move-out cleaning instructions ifthey have been provided. If you don't clean adequately, you'll 6e liable for reasonable cleaning charges—including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond Apartmen t Lease Contract �2023, Texas Apartment Associa tion, In<, Page 5 ot 6 normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse�. 26.2. Move-Out Inspection. We may, but are not obligated to, provide ajoint move-out inspection. Our representatives have no authority to bind or limit us regarding dedudions for repairs, damages, or charges. Any statements or estimates by us or our representative are subjectto our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrenderedthe apartment when: (A) the move-out date has passed and no one is living in the apartment in our reasonablejudgment; or (B) apartment keys and ar cess devices listed in Pac 2.1 have been turned in to us—whichever happens first. You have a6andonedthe apartment when all ofthefollowing have occurred: (A) everyone appears to have moved out in our reasonable judgment; (B) you've been in defauk for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not conneded in our name has been terminated or transferred; and (q 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 a6an- doned. An apartment is also considered abandoned 10 days afterthe death of a sole resident. 27.7. TheEndingofYourRights.Surrender,abandonment,or judicial eviction ends your right of possession for all purposes and gives us the immediate right to dean 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 propertythat in our solejudgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or if you surrender or abandon the apartment. We're not 1ia61e for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal propertythat is: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after writ of possession is executed,followingjudicial eviction. An animal removed aher surrender, abandonment, or evidion may be kenneled or turned over to a local authority, humane society, or rescue organization. •. • . 28. TAA Membership. We, the management company representing us, or any locator service thatyou used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment asso�iation 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 6y us (exceptfor property damages); and (B) we may not remver past or future rent or other charges. The above remedies also apply if both of the following occur: (1) this Lease is automatically renewed on a month-to-month basis more than once after membershlp in TAA and the local association has lapsed; and (2) neither the ownernorthe man- agement co3npany is a member ofTAA and the local association during the third auromatic renewal. A signed affidavitfrom the affiliated local apartment association attesting to nonmembership when this Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may useTAAforms ifTAA agrees in writing. Name, address and telephone num6erof locator service �ifapplicable): 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 ofthis Lease or change the intent ofthe parties. Paragrephs 10.1,10.2,16, 22.1, 27, 30 and 31 shall survive thetermination of this Lease.This Lease hinds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising underthis Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is bcated. 31. Waivers. BysigningthisLease,youagreetothefollowing: 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 daim against us individually, and you expressly waive your rightto 6ring, represent, join orotherwise maintain a dass action, collective action or similar proceeding against us in any forum. YOU GNaERSTANOTHAT, WITHOi}TTFf15 WAIVE_R. YOU COULD BE A PAeiY IN A CLA55 ACT30N LAWSll1T. BY SIGNINGTHIS L�ASE. YOU ACCEPTTHIS WAIVER_AND CIi005ET0 HAUE ANY CLAIM5 �ECIDEd INdIVIpUALLY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THETERMINATION OR E1(PIRATI�N OF THIS LEASE. 31.2. Force Majeure. If we are prevented from completing substan- tial performance of any obligation underthis Lease by occurrencesthat are beyond ourcontrol, induding but not limited to, an a�t of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part ofthis Lease and supersede any conFlicting provisions in this Lease. Do not sit, stand or otherwise place extremely heavy objects on the kitchen island as it may break the granite. Paragraph 6, requiring liability insurance, does not applv. Befare submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. Yau are bound bythis Lease when it is signed. An electronic signature is binding. This Lease, including all addenda, is the entire agreement 6etween you and us.You agree that you are NOT relying on any oral representations. ( (Name of Resident) (Name of Resident) (Name of Resident) Date signed Date signed Date signed ne�rbW er epresen e siqnjn� IFofown ����� U ! 1, Apartment Lease Con[ract, TAA Oficial Statewide Form 73-A/8-1/B-2 Revised October 2023 Page 6 oi 6 � JI �17�\ � �:,,.� ,��.�<�,���:. � 1.5����:�.,� ��>� Lease Contract Addendum for Units Participating in Government Regulated Affordable Housing Programs Addendum. This is an addendum to the Lease Contract ("Lease") executed by you, the resident(s), on the dwelling you have agreed to rent.That dwelling is: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Participation in Government Program. We, as the owner of thedwellingyou are renting,are participating in a government regulated affordable housing program.This program requires both you and us to verify certain information and to agree to certain provisions contained in this addendum. 3. AccuratelnformationinApplication.Bysigningthisadden- dum, you are certifying that the information provided in the Rental Application or any Supplemental Rental Application regard ing your household annual i ncome is true and accurate. 4. Request�s) for Information. By signing this addendum, you agreethattheannual incomeand othereligibilityrequirements for participation in this government regulated affordable housing program are substantial and material obligations under the Lease. Within seven days after our request, you agree to comply with our requests for information regard- ing annual income and eligibility, including requests by the ownerand the appropriate government monitoring agency. These requests to you may be made to you now and anytime during the Lease term or renewal period. 5. Failure to Answer or Inaccurate Information May Be Good Cause Groundsfor Evidion.lfyou refuseto answer or do not provide accurate information in response to the requests in Par. 4 above, it may be considered a substantial violation of the Lease and good cause grounds forterminating and/or not renewing your Leaseandforan eviction.lt makes nodifference whetherthe inaccuracyofthe information you furnished was intentional or unintentional. 6. Termination or Non-Renewal of Lease for Housing Tax Credit (HTC), HOME Pragram, NHTF Program and Prop- erties Owned by Public Facility Corporations. Provisions in Par. 6-6.5 of this Addendum shall apply only to residents living in a dwelling covered by the HTC, NHTF and HOME proqrams or properties owned by a PFC under Texas Local Government Code. Par. 6-6.5 ofthis Addendum also override any contrary provisions contained in the Lease. We will not evict a resident solely on the basis that the resident is or has been a victim of domestic violence, sexual assault or stalking, or has participated,testified or assisted in any matter covered by the Violence Against Women Act 2022. 6.1 Housing Tax Credit Program. For rental properties par- ticipating in the HTC program, IRS Revenue Ruling 2004-82 provides that a property owner may not evict a resident or terminate a tenancy except for good cause. In addition, for HTC units, we must provide the notice required under the Lease if evicting during the lease term or if terminat- ing your residency at the end of an initial or renewal term. In addition, for HTC units, we must provide written notice specifying the grounds for eviction during the lease term or if we terminate your residency at the end of the initial or renewal term. 6.2 HOME Progrem. For rental properties participating in the HOME program,federal regulation 24CFR 92.253 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period for Transitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leasesfor reasons otherthan good cause are prohibited. In addition, for HOME program units, the property owner must provide a resident with at least 30 days written notice before either seeking an eviction or not renewing a Lease. The written notice must specify the grounds for eviction or nonrenewal of the Lease. 6.3 NHTF Program. For rental properties participating in the NHTF program, federal regulation 24 CFR 93303 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period for Transitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leasesfor reasons otherthan good cause are prohibited. In addition, for NHTF program units, the property owner must provide a written notice that specifies the grounds for eviction or nonrenewal of the Lease. 6.4 6.5 Properties Owned by PFCs. For PFC-owned properties, the owner may only refuse to renew the lease if the resident: (1) if in material noncompliance with the Lease, including nonpayment of rent; (2) committed one or more substan- tial violations of the Lease; (3) failed to provide required information on income, composition, or eligibility of the resident's household; or (4) �ommitted repeated minor violations ofthe Lease that disrupt the livability ofthe prop- erty, adversely affect the health and safety of any person or right of quiet enjoyment of the lease premises and related development facilities, interfere with management of the development or have an adverse financial effect on the development, including failure ofthe residentto pay rent in a timely manner. In addition, we must provide a resident with at least 30 days written notice of nonrenewal of the Lease. The owner may not retaliate or take action against a resident or the residenYs guests because the resident established, attempted to establish or participated in a resident organization. Good Cause. If challenged by a resident, a court may deter- mine if a property owner has good cause to evict, terminate a tenancy or not renew the Lease. We must provide a 30-day written notice before seeking an eviction for nonpayment of rent.IftheCARES Actis modifiedto eliminatethe30-daynotice requirement, HUD or Treasury requirements will supersede this 30-day notice requirementfor nonpayment of rent. "Good cause" may include, but is not limited to, nonpayment of rent, failure to answer or provide accurate information, as required by Par.4 and 5 of this Addendum, serious or repeated Lease violations, or breaking the law. No Lien or Lockout for Unpaid Sums. For rental proper- ties thatare supported byHTC allocations, sec. 2306.6738, Texas Government Code, prohibits such property owners from threatening orconductinga lockoutunless: allowed 6y judicialprocess; necessaryto perform repairs orconstruction work; orresponding to an emergency. Personal propertyofa resident maynot 6eseized orthreatened to beseized except byjudicial process unless the premises has been a6andoned as required by 24 CFR 92.253. TAA Official Statewide Form 23-V, Revised July, 2023 Q Copyrighi2023,TexasApartmentAssociation,lnc. ,�.� Insurance.lnsurance is notrequired but is still stronglyrecom- mended. Though not required, we urge yau to get your own insurance for losses due to theft, fire, water, pipe leaks, and similar occurrences. 9. Student5tatus.Bysigningthisaddendum,youagreetonotify the owner, in writing, if there are any changes in the student status of any residents (induding replacement residents) occupying the unit. 10. ConflictwithGoverningLaw.Totheextentthatanypartof your Lease orthis addendum conflicts with applicable federal, state, or local laws or regulations, the law or regulation over- rides that portion of your Lease or this addendum. Your are entitled io receive a conv of this Addendum aker it is fullysigned. Keep it in a safe pface. � ,� i� p e ar Own e r tive fsi be1� v i Date sE� ed TAA Official Statewide Form 23-V, Revised July, 2023 � Copyright 2023,Texas Apartment Association, Inc. z.r LEASE ADDENDUM FOR CONCES5ION, CREDIT OR OTHER DISCOUNT 1. , 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 applyJ ❑ One-time concession. You will receive a one-time concession in the total amount of $ This concession will be credited to your charges for the month(s) of ❑ Monthly discount. You will receive a monthly discount of $ Special Provisions: for months. 3. Payment ox repayment for bxeach. 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 andlor 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). ��� �� ���l �� �� , U * ignature of Owner or Owner's Representative Texas Rpartment Association ������ �;�oro�al Addendum � �:� �.ti ,�„�<�.��:.. � ,,�����:�,��,��.; Please note: We consider animals a serious responsibility nnd a risk to each resident in ihe dwelling. If you do not properly conirol and care for an animal, you'll be liable if it causes damage or disturbs other residents. i. _ ___ ;. Concitional Autlioriza4ion For Animal. You may keep the animal or anirnak desai6ed belaw in the dwelling until the Lease expires. We may !2rminate this authorization sooner if your right of oaupancy is i�nNiully terminated or if ir ourjudgment you, your animal, your guest, or any oaupant �nolates any of the � ules in this addendum. n. anir,.a! 7eposit. You must pay a one-time animal deposit of � 250.00 when /ou sign this addendum. Thls deposit fs in zdclition to your total seairity C�f posfl under the Lease, which is a �en�ral securlty cieposit foi all pur,_ ose� R^(und of the iotal security rleposit is subjett to the !erms znd conclitinns in the Lease, and this aniir�al-deposit portion of the total dep.:�sit is not separately refund- �ble cven if thc animal is removcd. 5. .GssE<tance or Service An'smais.l�dhen al!o�n�ed by applicable Iaws, we may i equire wntten verification of or malce other inqu�ries regarding ;he disability-relaied need for an assistance oi sei vice animal for a per- :;on vaith a disability. We evill not charae an anirnal JepoSit, additional ent, oi other fee For any authorize,�l assistznce or servire animaL Ex- cept �s piovided 6y applicable la�n�, all oihei provisions of this adden- ctum apE�ly to assistance or service animals. 5. Search and Rescue Dog;. We may ask the handler of a search and rescue dog for proof he or shc is a person with a certification issued by a naiinnally recognized search and i escue agency before we authorize a search and rescue dog. If we authorize a search and rescue dog, we ���ill not charge an animal Jeposi;, additional rent or other fee for any such dog Except as provided by appGcable law, all other provisions of this addendum apply to seaich and rescue doys. 7. fidditional Monthly Ren.. Your monthly base rent (as stated in the I�asc) ���ill be ina�eased b�� 5 15 . 00 E. ^.dd?iional Fee. Yoi.i mus: also pay a one-time nonrefundable fee ef $ 0. 00 to keepihe animal in the dwelling unitThe fee is due when you sign chis add�nd�_iir. 9. :€aLi?iig Not Limited. Tlie additinnal i��nnthly rent ai�d additional security deposit under [his Flnin al �lddendum do not limit residents' liahilit/ for property damaae, dea�--ing, rleodorization, defleaing, m- plac:=ments, cr personal iojuries. �0. Cexripi;on oi Animal. You may kcep only the animal or animals de- =cribcd below. You may not substitute any cthcr animal Neither you noryour guests oroccup.�nts may hring any other animal—mammal, �eptfle, biid, amphl6ian, fish, rodent, aiachnid, or insed—into the dwrlliny or apartment community. Fle�mal's name: Ty�-.e: _ Breed: Color: � Weight Aqc: Citv of li[ense: License lt: Date of last rabies shot: House6roken? Animal owner's name: _ Animal's name: Type: Breed: Color: Weight: Age: City of license: License k: Date of last rabies shot: Housebroken? Animal owner's name: AnimaPs name: Color: Weight: City of license: License N: Date of last rabies shol House6roken7 Animal owner's name: 11. Special Provisions. The following special provisions mntrol over any conflicting provisions ofthfs addendum: 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, atyour expense. Doctor: Address: City/State/Zip: Phone: �) 13. Animal Rules. You are responsible for the animal's actions at all times. You agree to follow these rules: 13.1 Shats and Licenses.The animal at all times must have current rabies shots and litenses required by Iaw.You mustshow us evi- dence of the shots and licenses if we ask. 13.2 Disturbances. The animal must not disturb the neigh6ors 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. 13.41ndaor Waste Areas. Inside, the animal may urinate or defe cate only in these designated areas: 13.5 Outdoor Waste Areas. Outside, the animal may urinate or def- ecate only in these designated 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 exdusive use. «�'e027 TEYh, APnRTAfiMTASSOOnTION, �NC CONTINUEDON BPCK 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, dubrooms, 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 ar 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 orwater outside the dwelling unit at any time, except in fenced yards (if anyl for your exclusive use. 13.9 Leash. You must keep the animal on a leash and under your su- pervision when outside the dwell ing 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- sonablefeeforpicking 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- maloffourpropertyforthatpurpose.lfweallowanimal defeca- tion inside the unit, you must ensure that iYs done in a litter box with a kitty-litter-type mix. If the animal defecates anywhere on our property (including in a fenced yard for your exclusive use), you must immediately remove the waste and repair any damage. In addition to the terms of this addendum, you must comply with all local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from time to time if we distribute a written �opy 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 our judgment) and we give you written notice of the violation, you must remove the animal immedi- ately and permanentlyfrom the premises. We also have all other rights and remedies setforth in the Lease, induding 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 circumstanres, we mayenterthe 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 solejudgment, you have: (A) abandoned the animal; (B) leftthe animal in the dwelling unit for an extended period of time without food or water; (Q Failed to care for a sick animal; (D) violated our animal rules; OR (E) let the animal defecate or urinate where iYs 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 retum the animal to you upon request if we haven't already turned it o�er 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, induding deaning, deFleaing, or deodor- izing. This provision applies to all parts of the dwelling unit including carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and appliances, as well as landscaping and other outside impro�ements. If an 'item cannot be satisfactorily deaned or repaired, you must pay for us to replace it. Payment for damage, repairs, deaning, replacements, and the like are due immediately upon demand. As the owner, you �e stridly liable for the entire amount of any injurythat your animal causes to an- other person or to anyone's property. You indemnify us for all costs of litigation and attorney's fees resu Iting 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 malfunr 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 limlted to, dog bite, trespass, assault or any other crime. Furthermore, we are not liable for any disruption in the park's operation or performan�e. 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 assumethis risk. We make no representa- tions orwarranties 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 authorityto modify this addendum or the animal rules except in writing as described under paragraph 14.This Animal Addendum and the animal rules are consid- ered part ofthe Lease described above. 23. Animal Restrictions. No animal will be allowed that poses a threat to any other person. You represent that your animal(s) does not pose a danger or threat of any kind to any person or property; has not dis- played vicious, aggressive or dangerous behavior; and has never be- fore injured you or any other person or animal or caused any dam- age to your property or another person's property. You affirmatively represent and warrant that you have never had a daim or lawsuit filed against you or anyone else for an injury or damage caused by or re- lated to the animal. You understand an d agree that the approval of the animal to live in your apartment is expressly conditioned upon all of theforgoing being true and ifyou have made any misrepresentation it is a violation of the Lease. You are legally bound by this document. Please read it carefully. You are en[itled to receive a copy of this Addendum afTer it is fully signed. Keep it in a safe place. �� wner s e re e t 'v ' n belo � j � I2 ate signed TAA O(ficial Statewide Form 22-E, Revised February2022 Q Copyright2022,TezasApartmentAssociation,lnc T�� � �1 �1�7�\ II�:\\ti \I'.Ilt'I,\II'.\'1 �1titi(1CI,1'I'I[Y�i Mold Information and Prevention Addendum Please note: We wont ta maintain a high-quafrty living en vironment for our resldents. To hefp achieve this goal, it is important that we work together to minrmize any mold growth in your dwelling. This Addendum contains important information for you, and responsibilities ior bofh you and us. If small areas of mold have already accumulated on nonporous surfaces tsuch as cerami� tile, formica, vinyl Flooring, metal, wood, or plastic), the Environmental Protection Agency recommends that you first clean the areas wfth soap (or detergent) and water and let the surface dry thoroughly. When the surface is dry—and within 24 hours of cleaning—applya premixed spray-on household biocide. Do not clean or apply biocides to visible mold on porous sur- fates such as sheetrock walls or ceilings or to large areas of visi6le mold on nonporous surfaces. Instead, notify us in writing and we will take appropriate action to complywith Section 92.051 et seq. of the Texas Property Code, subject to the special exceptions for natu- ral disasters. If you fail to comply with this addendum, you can be held respon- 2. About Mold. Mold is found everywhere in our environment, both siblefor propertydamage tothe dwelling and anyhealth problems indoors and outdoors and in both new and old structures. To avoid that may result. mold growth, iYs important to prevent excess maisture 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. Ow e rOwner's esentative(signbelow) , � ��� Date signed You are entiTled to receive a copy of this Addendum afier it is {uNysigned. Keep it in a safe place. TAA 0(ficial5tatewide Farm 23-FF, Revised October, 2023 Q Copyright 2023, Texas Apartment Aszadation, Inc. ..— LEASE ADDENDUM FOR WASHING MACHINE AND DRYER 1. 2. Use of Appliances. You (as residents) have permission from us (as owner) to install and use (check a!! that apply): x0 a washing machine and/or � a dryer in the dwelling unit described above, subject to the conditions in this addendum. Please remember that we do not select your washing machine or dryer, install them, maintain them, or use them. You are in the best position to prevent water, fire, smoke or other damage caused by: (1) a defective washing machine or dryer; (2) a washing machine or dryer accident; or (3) improper installation, maintenance or use of a washing machine or dryer. 3. Conditions. If your washing machine and/or dryer leaks, floods, causes a fire, causes smoke damage, or otherwise malfunctions or is misused, it can cause a lot of problems and a lot of damage to your unit and other units, as well as damage to your personal property and personal property of residents in other units. For these reasons, your right to install and use a washing machine and/or dryer in your unit is subject to the following conditions. You automatically agree to those conditions when connecting or using a washing machine and/or dryer in your unit. 4. Installation. You should be especially careful in your choice of a washing machine andlor dryer and in their installation, maintenance and use just as if it were in your own home. You and all other residents, occupants, and guests in your unit must follow manufacturer's instructions for the washing machine andlor dryer's installation, maintenance, and use. Installation must be done by a professionally qualified person or company approved 6y us. We recommend that you have it professionally installed. 5. Responsibility for damage. You agree to assume strict liability for all damage to your unit and to other units and to personal property in your unit and other units if the washing machine and/or dryer leaks, floods, malfunctions or is misused, or in any other way causes damage—unless it is caused by us or our management company, or acts of God to the extent they couldn't be mitigated by your action or inaction. That means you will be responsible for costs of removing water from carpets, replacing permanently damaged carpets, repainting, and any other repairs or damages to your unit and to other units, as well as damage to personal properry in your unit and other units if, among other things: • the water or dryer vent hoses break or leak; or • the water or dryer vent hoses were incorrectly connected or did not have protective washers in the ConneCtions; or • the washing machine and/or dryer was overloaded, causing it to malfunction; or • the washing machine and/or dryer leaks or malfunctions for any other reason. • the owner's insurance may not cover such damages, and the owner is under no obligation to have insurance that does cover such damages. 6. New hoses. When installing the washing machine, you must use new hoses since bursting or leaking hoses are the most common cause of water damage. Stainless braided water hoses are recommended. Similarly, you should use a new dryer vent hose when installing your dryer. T. Inspection. You must not use the washing machine andlor dryer until management has inspected the installation. Such inspection does not relieve you of liabiliry in the event of water, fire, smoke or other damage from your washing machine and/ or dryer. 8. Maintenance. You will have the sole responsibility for maintaining your washing machine and all related hardware. Such maintenance must include, but is not limited to, regularly cleaning lint from your dryer's lint trap. 9. Insurance. At all times you must carry renter's insurance that provides insurance coverage for damage to your personal belongings from accidental water discharge from your washing machine or other causes. Similarly, it must provide coverage for fire or smoke damage from your washing machine andlor dryer. It must also provide coverage for any potential liability, due to your fault, for water, fire, smoke or other damage to other units and to personal property of others. You must verify with your agent that such coverages are included in your policy and must furnish us a copy of the policy upon our request. �- ��� n ���1! �� � , �"-' Texas Apartment Association ����� Bed Bug Addendum I1:\ \.ti \P.\fCl \IF:\"I' �\SticlCl CI�ION Please note: We want to maintain a high-qualityliving environment%r you. If's important to work togeTher to I minimize the po[ential for bed 6ugs in yaur dwelting and others. This Addendum outlines your responsibifity , and potentialliability when it comes to bed bugs. 2. Purpose. This addendum modifies the Lease Contrad to address any infestation of bed 6ugs (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 SIGN�NG THIS A�pENDUM. YOU REPRESENT THAT: YOU HAVE IN5PEC7EpTHE �WEL�iNG BEFOR@ MOUkf3G IN OR SIGNING TFEIS R�DEN�UM AN� YOU �ID NOT FIND ANY EVIDENCE OF BED BUGS OR 8ED-BUG INFES• TATIONS. OR YOU WIL! INSPECT THE DWELLING VJI7HIN 48 HOl1R5 RFTER MOVING IN OR SIGMING THIS A�DENpUM AND WILL NOTlFV l!5 DF ANY BED BUGS OR BEO 6UG INFES- TATION. � � Access for Inspection and Pest Treatment. You must allow us and our pest-control agents access to the dwelling at reasonable timesto inspectfor ortreat bed 6ugs. We can also inspect and treat adjacent or neighboring dwellings to the infestation, even if those dwellings are not the source or cause of the known infestation. Si- multaneously as we treat the dwelling, you must, at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest-control firm that we approve. You agree not to treat the dwell- ing for a bed-bug infestation on your own. 5. Notification. You must promptly notify us: • of any known or suspected bed-bug infestation or presence in the dwelling, or in any of your clothing, furniture, or per- sonal property; • of any recurring or unexplained bites, stings, irritations, or sores on the skin or body that you believe are caused by bed bugs, or by any condition or pest you believe is in the dwell- ing; AND • ifyoudiscoveranyconditionorevidencethatmightindicate the presence or infestation of bed bugs, or if you receive any confirmation of bed-bug presence by a licensed pest-control professional or other authoritative source. 6. Cooperation.lfweconfirmthepresenceorinfestationofbedbugs, you musi 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 ofoccupancy and exercise all rights and remedies under the Lease. 7. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest-control treatments incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or infestation of bed bugs afteryou move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents in order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expens- es we incur to relocate the neigh6oring 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 underthe Lease. 8. Trensfers. If we allow you to transferto another dwelling in the com- munity 6ecause 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. Owne r wner resentati� (�e� } � q� �.2� � Date signed You are entitled io receive a copy of this Addendum after it is fullysigned. Keep it in a safe place. TAA Official Statewide Form 23-L, Revised Octaber, 2023 Copyright 2023, Tezas Apartment Association, Inc. LEASE ADDENDUM FOR ACCESS CONTROL DEVICES 1. ❑ Remote control for gate access. Each resident on the lease will be given a remote control at no cost to use during his or her residency. Each additional remote control for you or your occupants will require a$ non- refundable fee. ❑ Cards for gate access. Each resident on the lease will be given a card at no cost to use during his or her residency. Each additional card for you or your occupants will require a$ non-refundable fee. ❑ Code for gate access. Each resident will be given, at no cost, an access �ode (keypad number) for the pedestrian or vehicular access gates. It is to be used only during your residency. 3. Damaged, lost ox unxetuxned remote controls, caxds, ltey fobs or code changes. x❑ If a remote control is lost, stolen or damaged, a$ 50 . oo fee will be charged for a replacement. If a remote control is not returned or is returned damaged when you move out, there will be a$ 50 . 00 deduction from the security deposit. � If a card is lost, stolen or damaged, a$ 50 . 00 fee will be charged for a replacement card. If a card is not returned or is returned damaged when you move out, there will be a$ 50 . 00 deduction from the security deposit. ❑ We may change the code(s) at any time and notify you accordingly. 4. Report damage or malfunctions. Please immediately report to the office any malfunction or damage to gates, fencing, locks, or related equipment. 5. Follow written instxuctions. You and all other occupants must read and follow the written instructions that have been furnished to you regarding the access gates. If the gates are damaged by you, your occupants, guests, or invitees through negligence or misuse, you are liable for the damages under your lease, and collection of damage amounts will be pursued. 6. Personal injury and/or personal pxoperty damage. Anything mechanical or electronic is subject to malfun�tion. Fencing, gates, or other devices will not prevent all crime. No security system or device is foolproof or 100 percent successful in deterring crime. Crime can still occur. Protecting residents, their families, occupants, guests, and invitees from crime is the sole responsibility of residents, occupants, and law enforcement agencies. You should frst call 911 or other appropriate emergency police numbers if a crime occurs or is suspected. We are not liable to any resident, guest, occupant, or invitee for personal injury, death, or damagelloss of personal property from incidents related to perimeter fencing, automobile access gates, and/or pedestrian access gates. We reserve the right to modify or eliminate security systems other than those statutorily required. z. RULEs IN USING VEHICLE GATES. • Always approach entry and exit gates with caution and at a very slow rate of speed. • Never stop your car where the gate can hit your vehicle as the gate opens or closes. • Never follow another vehicle into an open gate. Always use your card to gain entry. • Report to management the vehicle license plate number of any vehicle that piggybacks through the gate. • Never force the gate open with your car. • Never get out of your vehicle while the gates are opening or closing. . • If you are using the gates with a boat or trailer, please contact management for assistance. The length and width of the trailer may cause recognition problems with the safety loop detector and could cause damage. • Do not operate the gate if there are small children nearby who might get caught in it as it opens or closes. • If you lose your card, please contact the management o�ce immediately. • Do not give your card or code to anyone else. • Do not tamper with gate or allow your occupants to tamper o play with g tes. _ ' � Texas Apartment Association LEASE ADDENDUM FOR SA`PELLITE 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. 2. Number and size. You may install 1 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited. 3. Location. Your satellite dish or antenna must be located: (1) inside your dwelling; or (2) in an area outside your dwelling such as a balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not protrude beyond the vertical and horizontal space that is leased to you for your exclusive use. 4. Saiety and non-interference. Your installation: (1) must comply with all applicable ordinances and laws and all reasonable safety standards; (2� may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110-volt duplex receptacle. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods: (1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that lies within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods are allowed. We may require reasonable screening of [he sa[ellite dish or antenna by plants, etc., so long as it does not impair reception. 5. Signal traasmission from exterior dish or antenna to intexior 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 trensmitted 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 qualifed 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. �. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment. 8. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling. In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence, carelessness, accident. or abuse which may be reasonably necessary to restore the leased premises to its condition prior to the installation of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear. s. 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 $ , 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. Secuxity deposit. Your security deposit (in your Lease Contract) is increased by an additional reasonable sum of $ ❑ 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 N; and (3) the diffculty 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 n addition I lease adden m must be executed. � r i Jf ����� ��.,�:,��,���,��:.,� ,5���<:�,,��,�� Security Guidelines for Residents Addendum 1. Security Guidelines. We disdaim any express orimplied warranties of security. We care about your safety and that of other occupants and guests. No security system is failsafe Even the 6est system can't prevent crime. Always act as if security systems don't exist since they are subjecf 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 91 1. 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 neiqhbors. Watching out for each other is one of the best defenses against crime_ after it is fully signed. Keep it in a safe place. TAA Official Statewfde Form 15-M, Revised October, 2015 Q Copyright2015,TexasApartmentAssociation,ln�. _..._. LEASE ADDENDUM REGARDING SMOKING 1. 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 pexmitted in desiqnated areas of the apaxtment eommunity. 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 0 is not permitted. Only the following outside areas may be used for smoking: Desiqnated extexior common areas onlx. 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 feld is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including administrative o�ce buildings. The smoking-permissible areas are marked by signage. Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or rental premises. 4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning and odor removal due to smoking or smoke-related damage caused by you or your occupants, family, guests, or invitees, regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no-smoking provisions of the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke-related damage, including but not limited to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building, shall always be in excess of normal wear and tear in our community and at the rental premises. 5. Your responsibility fox loss of rental income and economic damages regaxding other residents. You are responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking or smoke-related damages caused by you or your occupants, family, guests, or invitees which results in or causes other residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of smoke related damages including smoke odors. 6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette, hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non-tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. Z. Lease Contxact 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 Youx respoasibilityfor conduct of occupants, familymembers and guests. You are responsible forcommunicating 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 orthe 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. � ���� �� ��� � �� ature wner or O ner's i7epresentati�e Texas Apaxtment Association For More Informaiion TI�. nalL.adlnb� a<lo �`, �.'�d tia;a d;'o�.'�:`�'�e a� �'P, �e� '; �w :e: a�., 1M1ul•go�/Ie�Aborcalll-BOO-439-LEAO153231. Ing Nha�er Hexllne ut leatl In drinking water, ca II �-aoa-ax�a�si, or viaite.sxvw'�IerJryforinl�rmacionaboulleadliiJrir�k'n ahi. n ICPscI Hotll eW n leaa �nYoys antl� o['ncr consumcr produc[s, or to safe wns�mer protl�ct or a protlucl-rela�etl in�ury. call �neOpneer�s.9o��rvisi�ccsezwebsi«.� y y ... St+�e �..d Loc.l HcaltM1+nd E�vl.on�.e..�al Agmcfes �ribes, and cl[Ics M1ave tM1elr own rules rcla[ed [o Iead- baedpoitCl+eckwitM1yourlocala wM1�ichlaw ppy o�id���ro m.,�na� o� nmi�� a Icatl aba[emen[ fi m In you �a�rca, antl an posslblc sourcc: ol ctalaitlfo.reduc�ngleadl�aeaidsP o-da�eaddress or lo a� I co�tacts o� [M1e web a� r w�taa xM1c�Na�lo..a I Lead info�matlon Cenmr at - nallengcaind�vlJuelemeyacca�aaanyolthc mb�c�.s in tM1iz brocM1ure tM1rougM1TTV by calling �he ioll- im� i�d�,.,i a�i.,r s�.��«�. �-soo an-ea3s. Consumer Product Safety Commission (CPSQ TMe CPSC prolec[s tM1e public agains[ unreasonable risk of injury roducls lM1�ou9M1 etlucatlon. za(clystandartls ctivltlersand enforcement Contact CPSC forfurther Informatlon regarding consumer product safery and regulailonz CPSC 4330 East Wcst Hlghway 8ethezrla, MD 208144421 cpsc 9ov or saferproduc[s gov U. S.Oepartmeni of Housing and Vrban Developmen[ �HUD� HUD'z misslon is m crcate strong, zustainable. incluzive - andquallcyaXordablenemesforallofficevt Lead HazardSCon[rol and Healihy Homes for further Informatlon ardin9 IM1e I ead Safe Housing Rule, wM1lch pro[ec[s /amllles In Icd M1ousing, antl for tM1e leatl M1azard control and reseac M1 gran[ programs. Huo 451 Sevench Stree[, SW, Room 823fi Washing[on. DC 30�10-3000 12(12] 4�2-J6Y9 hud gav/lead IMPORTANT! LeaC F.arn Paln[, Ausc and Sa�l In rnd Araund Your Home Can Be Dangerous If Nat Managed Properly � Uild�enunder6yea�zoldaremos�atriskforlead poisoning In your home � lead exposure can harm ywn9 dilldren and bablez even beloretheyareborn � Homes, scM1ools, antl �Flltl rare hcili�ies hull� belore 19]0 are likely w comaln leadbased paint � Even chlldren wAo seem healihy m.ay have d..ngerouz i��i: ari��a m ma. coa��: � Dizturblrg surlaccs wi[h leatl�based palnt or remoNng lead-based paine Improperly can Increaseihe danger�o y���iam�iy. � FeoO�<<�� 9et lead inm �heir bodies try breathing or v�allowing lead dust, or by ea�ing soll or palm chlps mn�aining leatl, - People have many optians lor red�cing lead hazards Generally, lead-hazed painithal ls In gooA condltlon is ro! a M1azard (see page t01 I 0 Texas Department of State Health Services-51 �/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785 I 0 EPA Region 6 Office (indudes Texas)-214/6fi5-2704 0 CPSC-800/638-�772 0 National Lead Information Center—B00/4245323 FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS LEAD WARNING STATEMENT Housing built before 1978 may contain lead-based paint Lead fiom paint, paint chips, and dust can pase health haz- ards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors (owners) must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees (residents) must also receive a federally approved pamphlet on lead poisoning prevention. (This addendum is a"pamphleY'within the meaning of federal regulations.The term "in the housing" below means either inside or outside the housing unit.) LEAD-FREE HOUSING If the housing unit has been certified as "lead free"according to 24 CFR Sedion 35.82, the lead-based paint and lead-based paint hazard regulations do not apply, and it is not necessaryto provide this addendum, ora lead-based paint warning pamphlet and lead-based paint disclosure statement, to the lessee (resident). LESSOR'S DISCLOSURE Presence of lead-based paint and/or lead-based paint hazards (checkonly one box) ❑ Lessor (owner) has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. O Lessor (owner) knows that lead-based paint and/or lead-based paint hazards are present in the housing (explain). Records and reports available to lessor (check only one box) O Lessor (owner) has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. O Lessor (owner) has reports or records indicating the presenre of some lead-based paint and/or lead-based paint hazards in the housing, and has provided the lessees (residents) with all such remrds and reports that are available to lessor (list documents). Agent's Statement. If another person or entity is involved in leasing the dwelling as an agent ofthe lessor (i.e., as a management company, real estate agent or locator service acting for the owner), such agent represents that: (1) agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852(d); and (2) agent is aware of agenYs responsibility to ensure that lessor complies wiih such disclosure laws. Such compliance may be through lessor himself or herself, or through lessor's employees, officers or agents. Lessor's obligations indude those in 24 CFR Sections 35.88 and 35.92 and 4D CFR Sedions 745.107 and 745.113. AgenYs obligations indude those in 24 CFR Section 35.94 and 40 CFR Section 745.115. Acwracy Certifications a nd Resident's Acknowledgment. Lessor and a ny agent named below certify [hat to the best of their knowledg e the above information and statements made or provided by them, respectively, are true and accurate.The person who signs for the LESSOR may 6e: (1) the owner himself or herself; (2) an employee, officer or partner of the owner; or (3) a representative of the owner's management company, real estate agent or locator service if such person is authorized to sign forthe Iessor.The person who signs for the AGENT may be: (1) the agent himself or herself; or (2) an employee, ofFicer or partner ofthe agent if such person is authorized to sign forthe agent.The lessees (residents) signing below acknowledgethatthey have received a copy of thisTAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure form and pamphlet information required byfederal law regarding lead poisoning prevention. Palladium East Berrv, Ltd. Printed name of LESSOR (owner) ofthe dwelling Signature of person signing on behalf of above LESSOR Palladium ana ement Com an Pr � a e y ENT o ss i.e., ana e cvmp ny, real es t e t I� a ervice I e in a g iN � � � �-I-� �ate signed SE nature of person signing on behalf of above AGENT, if any Date signed Pa�E 5 of 5 You are enti[led m receive a copy of this Addendum aher it is (ully signed. Keep i[ in a safe place. TAA Official Statewide Porm 21-AA/BB/R Copyright October, 2021,Texas Apartment Association, Inc. r;..-.r. Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:6/25/2024 REFERENCE NO.:M&C 24-0552 LOG NAME:192024-2025 ACTION PLAN CODE:C TYPE:NON-CONSENT PUBLIC HEARING:YES SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 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 2024-2025 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 $13,036,747.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs; 2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his 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; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of $7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and $2,651,960.00 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 8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated total of $341,260.45. Page 1 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4 DISCUSSION: The City's 2024-2025 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2024 and ending September 30, 2025 for use of federal grant funds totaling $13,036,747.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low-and moderate-income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2024. All proposals were received on March 15, 2024. 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 10, 2024, 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 8, 2024. A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star-Telegram on May 13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the Weatherford Democrat on May 18, 2024. 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 May 29, 2024, and the second public hearing is scheduled for the City Council on June 25, 2024. A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be submitted to HUD by August 15, 2024. Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, 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. This amount is calculated based on the estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00. This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as follows: Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate-income persons, persons with disabilities, and disadvantaged persons Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, and accessibility modifications for seniors and persons with disabilities Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation Program Delivery - $980,000.00: Includes program delivery costs for housing programs Administration - $1,401,375.00: 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 Page 2 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4 For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as follows: Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost assistance for low- and moderate-income homebuyers Community Housing Development Organizations (CHDOs) for affordable housing projects - $414,471.60: These funds will be used by Housing Channel for an affordable housing development in southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new construction of 248 residential units comprised of the following: 125 Single Family attached townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units (approximately 42\%) will be sold to low to moderate income households at or below 80\% Area Median Income (AMI). This funding is part of a multi-year commitment to Housing Channel for a total of five years. Major Projects - $2,000,000.00: Includes $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 $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $276,314.40: 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 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,626,781.00 Neighborhood Services Department - $945,620.00 Administration - $79,559.00 EMERGENCY SOLUTIONS GRANT For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be allocated as follows: Public Service Agencies - $568,660.00 Administration - $46,108.00 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 TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT Housing Channel Affordable Housing Housing Counseling & Education $111,000.00 Meals-On-Wheels, Inc. of Tarrant County Aging In Place Nutrition Program $75,000.00 Sixty and Better, Inc. Aging In Place Increasing Access to Basic Needs for Senior Adults $50,000.00 AB Christian Learning Center Children and Youth Services Out of School Time Program $90,000.00 $80,000.00 Page 3 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4 Boys & Girls Clubs of Greater Tarrant County, Inc. Children and Youth Services Youth Development at Eastside Branch Camp Fire First Texas Children and Youth Services Teens In Action $78,300.00 Girls Incorporated of Tarrant County Children and Youth Services Girls Inc. of Tarrant County $100,000.00 Junior Achievement of the Chisholm Trail, Inc. Children and Youth Services Cradle to Career Initiative $50,000.00 United Community Centers, Inc. Children and Youth Services Holistic Educational Literacy Program $90,000.00 Easter Seals North Texas, Inc.Economic Empowerment and Financial Resilience Employment Services $60,000.00 Taste Project Economic Empowerment and Financial Resilience Culinary Workforce Development Program $25,000.00 The Ladder Alliance Economic Empowerment and Financial Resilience Tarrant County Workforce Development $81,731.00 The Women's Center of Tarrant County, Inc. Economic Empowerment and Financial Resilience Employment Solutions $60,000.00 Your Harvest House, Inc.Economic Empowerment and Financial Resilience Client Aid Services $25,000.00 Cancer Care Services Healthy Living and Wellness Increasing Health Equity by Decreasing Health Disparities $50,000.00 Tarrant Area Food Bank Healthy Living and Wellness Home Delivery $25,000.00 CDBG Public Services Agencies Total $1,051,031.00 Rehabilitation, Education and Advocacy for Citizens with Handicaps dba REACH, Inc. Accessibility Improvements Project Ramp $165,000.00 Fort Worth Area Habitat for Humanity, Inc. DBA Trinity Habitat for Humanity Housing Preservation and Rehabilitation Cowtown Brush Up $455,000.00 CDBG Subrecipient Agencies Total $620,000.00 TOTAL CDBG CONTRACTS $1,671,031.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT AIDS Outreach Center, Inc. Homelessness Prevention and Special Needs Support The Housing Assistance Program - Administration, Tenant- Based Rental Assistance (TBRA), Short-Term Rent, Mortgage, and Utility Assistance $326,781.00 Page 4 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4 (STRMU), Supportive Services Tarrant County Samaritan Housing, Inc. Homelessness Prevention and Special Needs Support HOPWA Program - Administration, Tenant- Based Rental Assistance (TBRA), Short-Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services, Facility-Based Operations (FBO) $1,300,000.00 TOTAL HOPWA CONTRACTS $1,626,781.00 Emergency Solutions Grants Contracts TABLE 3: ESG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGAM AMOUNT The Presbyterian Night Shelter of Tarrant County, Inc. Homelessness Prevention and Special Needs Support Shelter Operations/Services $127,345.00 Lighthouse for the Homeless dba True Worth Place Homelessness Prevention and Special Needs Support Day Shelter Operations/Services $138,851.00 SafeHaven of Tarrant County Homelessness Prevention and Special Needs Support Shelter Operations/Services $75,000.00 Center for Transforming Lives Homelessness Prevention and Special Needs Support Rapid Re-Housing $75,901.00 The Salvation Army Homelessness Prevention and Special Needs Support Homelessness Prevention $151,563.00 TOTAL ESG CONTRACTS $568,660.00 All figures have been rounded to the nearest dollar for presentation purposes. 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 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. These programs are available in ALL COUNCIL DISTRICTS. Page 5 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount 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. These are reimbursement grants. TO FROM Submitted for City Manager's Office by:Fernando Costa (6122) Originating Department Head:Kacey Bess (8187) Additional Information Contact:Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2024_Agency Form 1295 Forms.pdf (CFW Internal) 2024-2025 Action Plan_Secretary of State Filings.pdf (CFW Internal) Action Plan Budget-Staff Recommendations_052924.pptx (CFW Internal) IR_2024-2025 ACTION PLAN.docx (CFW Internal) ORD.APP192024-2025 ACTION PLANFY24_AO(r7).docx (Public) Page 6 of 6M&C Review 7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4