HomeMy WebLinkAboutContract 53232-R5A6CSC No. 53232-R5A6
RENEWAL FIVE AND AMENDMENT SIX
TO CITY OF FORT WORTH CONTRACT NO. 53232
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth ("City"), and Westdale Hills 2013, LP ("Landlord"), each individually referred to as
a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the City entered into an agreement with the Landlord for rental assistance for
a named tenant, City Secretary Office (CSO) Contract No. 53232 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program; and
WHEREAS, the Parties wish to amend the Agreement to: (1) update the language under
Section 3.1 (Security Deposit); (2) restructure section 3.2 (Rent and Amounts Payable by City)
and update rental obligations under Section 3.2.1 (Rent); and (3) incorporate Section 4.2.3 HUD
Program Year Funding to the Agreement.
NOW THEREFORE, City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional fifteen months -term beginning
April 1, 2025 and expiring June 30, 2026 ("Fifth Renewal Term") unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1. Section 3.1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
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
CSC No. 53232- Renewal Five and Amendment Six OFFICIAL RECORD page 1 of 7
CoFW and Westdale Hills 2013, LP CITY SECRETARY
FT. WORTH, TX
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 of the Agreement is hereby deleted in its entirety. The Section has
been restructured to incorporate subsections 3.2.1 through 3.2.5 and will read
as follows:
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 $709.00
per month for the Unit.
Tenant shall be responsible for $389.00 of rent per month.
City shall be responsible for $320.00 of rent per month.
First Renewal Term:
The City has been notified that the Tenant's Total Rent during the First Term is $709.00
per month for the Unit.
Tenant shall be responsible for $389.00 of rent per month.
City shall be responsible for $320.00 of rent per month.
Second Renewal Term:
The City has been notified that the Tenant's Total Rent during the Second Renewal Term
is $734.00 per month for the Unit.
Tenant shall be responsible for $453.00 of rent per month.
City shall be responsible for $281.00 of rent per month.
Third Renewal Term:
• The City has been notified that the Tenant's Total Rent during the Third Renewal Term is
$792.00 per month for the Unit.
CSC No. 53232- Renewal Five and Amendment Six Page 2 of 7
CoFW and Westdale Hills 2013, LP
From September 9, 2022 to September 30, 2022, the Tenant shall be responsible for
$453.00 of rent per month. From October 1, 2022 to December 31, 2023, the Tenant shall
be responsible for $544.00 of rent per month.
From September 9, 2022 to September 30, 2022, the City shall be responsible for $339.00
of rent per month. From October 1, 2022 to December 31, 2023, the City shall be
responsible for $248.00 of rent per month.
Fourth Renewal Term:
The City has been notified that the Tenant's Total Rent during the Fourth Renewal Term
is $824.00 per month for the Unit.
Tenant shall be responsible for $548.00 of rent per month.
City shall be responsible for $276.00 of rent per month.
Fifth Renewal Term:
The City has been notified that the Tenant's Total Rent during the Fifth Renewal Term is
$849.00 per month for the Unit.
Tenant shall be responsible for $475.00 of rent per month.
City shall be responsible for $374.00 of rent per month.
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.
CSC No. 53232- Renewal Five and Amendment Six Page 3 of 7
CoFW and Westdale Hills 2013, LP
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due. Payments
for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as
a result of the registration and initial set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. In the event that the lease is provided to the City after the payment
date, then Landlord will not assess any late fee against Tenant or City for late payments by City
so long as payments are made within thirty (30) days of the day the lease is received by City. If
Landlord elects to receive payment by paper check, under no circumstances shall late fees be
assessed against Tenant or City for late payment by the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
3. Section 4.2 of the Agreement, Termination of Landlord Services Agreement, has
been restructured to incorporate subsection 4.2.3, HUD Program Year Funding. Section
4.2.3 will read as follows:
4.2.3 HUD Program Year Funding. The City of Fort Worth agrees to commit
funding for rental assistance for a period of up to twelve (12) months, subject to the
availability of funds allocated in the current program year's budget. The City shall not
commit to providing rental assistance beyond this 12-month period unless and until
additional funding is received from the U.S. Department of Housing and Urban
Development for the subsequent program year. In the event that future funding is not
secured, the City shall provide written notification to both the tenant and landlord at least
ninety (90) days prior to the end of the contract term, advising them that rental assistance
CSC No. 53232- Renewal Five and Amendment Six Page 4 of 7
CoFW and Westdale Hills 2013, LP
will not continue beyond the 12-month commitment. The City shall not be held liable for
rental payments beyond the 12-month commitment and any lease agreements exceeding
the 12-month term are entered into at their own risk regarding the continuation of rental
assistance.
M.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 53232- Renewal Five and Amendment Six Page 5 of 7
CoFW and Westdale Hills 2013, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective April
1, 2025.
FOR CITY OF FORT WORTH:
8 ���d�e�Z Dana Burghdoff (Mar ,2025� CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Mar 24, 2025
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
Name: Jessika Williams
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Tulie C. PBha
Julie C. Pena (Mar 21, 2025 08:34 CDT)
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
FOR LANDLORD:
Eruv Brew^
Erin Brewer (Mar 21, 2025 08:18 CDT)
Name: Erin Brewer
Title: Accounting Manager
Date: M a r 21, 2025
o4vvppL
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ATTEST: so �°�-�o
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Name: Jannette Goodall
Title: City Secretary
Date: Mar 24, 2025
M&C No.: 24-0552
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 53232- Renewal Five and Amendment Six Page 6 of 7
CoFW and Westdale Hills 2013, LP
Attachment A
History of Rental Obligations by Lease Term
Lease Term
Initial Term
First Renewal
Second Renewal
Third Renewal
Fourth Renewal
Fifth Renewal
Total Rent
$709
$709
$734
$792
$824
$849
Tenant's Portion
$389
$389
$453
From September 9,
2022 to September
30, 2022-$453
From October 1,
2022 to December
31, 2023-$544
$548
$475
City's Portion
$320
$320
$281
From September 9,
2022 to September
30, 2022-$339
From October 1,
2022 to December
31, 2023-$248
$276
$374
CSC No. 53232- Renewal Five and Amendment Six Page 7 of 7
CoFW and Westdale Hills 2013, LP
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Apartment Lease Contract FE.B 0 G 2025
This Is a binding contract. Read carefully before signing. Name:
This Lease Contract ("Lease") Is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we," 'us," and "our" refer to the owner listed below.
PARTIES
Residents
LEASE DETAILS
A. Apartment (Par. 2)
B. Initial LeaseTerm. Begins: 04/01/2025 Ends at 11:59 p.m. on: 06/30/2026
C, Monthly Base Rent (Par.3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par.4)
$ 849.00 $ 0.00 Aminimum of 30 days'writtennotice of
termination or Intent to move out required at end of Initial Lease
term or during renewal period
Note that this amount does not
D. Prorated Rent Include anyAnlmalDeposit, which Ifthe number ofdays Isn't filled In, notice ofat least 30 days
$ would be rellectedln an Animal Is required.
NJduefortheremalnderoflst Addendum.
month or
❑ for 2nd month
G. Late Fees (Par.3.3)
Initial Late Fee Daily Late Fee
® 10 %of one month's monthly base rent or ❑ % of one month's monthly base rent for days or
❑ $ ❑ $ for _ days
Due If rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option (Par.7.2)
Payment Fee (Par. 3.4)
$ 849.00
$ 40.00
Notice of 30 days Is required.
You are not eligible for early termination If
1.RelettingCharge (Par.7.1)
you are In default.
A relettln charge of $ 731.85
9 9
Fee must be paid no later than 30
days after you give us notice
(not toexceed85%ofthehighest
monthlyRent during the Lease term)
Ifanyvaluesornumberofdaysare blank or"0,"
may be charged In certain default
esondoesnotapply.
then this
situations
K.Violation Charges
Animal Violation (Par.12.2)
Initial charge of $ 100.00 per animal (not
to exceed $100 per animal) and
Adallychargeof$ 10.00 peranlmal
(not to exceed $10 per day per animal)
Insurance Violation (Master Lease Addendum
or other separate addendum)
$ 20.00
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these Items as outlined below and/or In separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satelllte $ Internet $
Package service $ Pest control $ 5.00 Stormwater/drainage $
Trash service $ Washer/Dryer $
Other: Trash Fee $ 7.00 _
Other: $
Other: $
Other: $
M. Utilities and Other Varlable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
Items as outlined In separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par.3,5)
N. Other Charges and Requirements. You will pay separately for these Items or comply with these requirements as outlined Ina Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices:$ Required Insurance Liability Limit (per occurrence):$ 100000.00
Special Provisions, See Par. 32 or additional addenda attached. This Lease cannot be changed unless In writing and signed by you and us.
Apartment Lease Contract 02023, Texas Apartment Assoclatlon, Inc. Page I of 6
LEASE TERMS AND CONDITIONS
1. Definitions. The following terms are commonly used In this Lease:
1.1. "Residents" are those listed In "Residents" above who sign
this Lease and are authorized to live In the apartment.
1.2. "Occupants" are those listed In this Lease who are also autho-
rized to live In the apartment, but who do not sign this Lease.
1.3. "Owner" may be Identified by an assumed name and Is the
owner only and not property managers or anyone else,
1.4. "Including" In this Lease means "Including but not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, Including property slgnage and Instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" Is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" Includes this document, any addenda and
attachments, Community Policies and Special Provisions,
Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
Information or devices for your apartment and mailbox, and
other access devices Including-
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations oraccredl-
tatlons associated with the property are subject to change.
3. Rent. You mustpayyourRent on orbefore the ist day ofeach
month (due date) without demand. There are no exceptions
regarding thepayment ofRent, andyouagree notpayingRenton
or before the 1st of each month Is a material breach of this Lease.
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify In accordance with this Lease.
Cash Is not acceptable without our prior written
permission. You cannot withhold oroffset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due In one single
payment by any method we specify.
Application of Payments. Payment of each sum due Is an
Independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply It at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless ofwhen the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. if we don't receive your monthly base rent In full
when It's due, you must pay late fees as outlined In Lease Details,
Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus Initial and dally late fees If applicable, until
we receive full payment In an acceptable method.
Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined In this Lease.Televlslon channels that are
provided may be changed during the Lease term Ifthe
change applies to all residents.
Ifyour electricity Is Interrupted, you must use only battery -
operated lighting (no Flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —Including disconnection for not
paying your bllls—until the Lease term or renewal period
ends. If a utility Is Individually metered, It must be connected
In your name and you must notify the provider of your move -
out date. Ifyou delay getting service turned on In your name
by this Lease's start date or cause it to be transferred back Into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utility should have been billed to you.
Ifyour apartment Is Individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, Including any fees
to change service back Into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period If governed by Par.10, specified
In Special Provisions In Par, 32, or by a written addendum or
amendment signed byyou and us. At or after the end of the
Initial Lease term, Rent Increases will become effective with at
least 5 days plus the number of days' advance notice contained
In Box F on page 1 In writing from us to you. Your new Lease,
which may Include Increased Rent or Lease changes, will begin
on the date stated In any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or Intent to move out as required by Par.
25 and specified on page 1. if the number of days Isn't filled In, no-
tice of atleast3o days Is required.
Security Deposit. The total security deposit for all residents Is due
on or before the date this Lease Is signed. Any animal deposit will be
designated In an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must alveusvouradvance
notice of move out as orovlded by Par. 25 and forwarding
address In writing to receive a written descrintion and
Itemized list of charges or refund. In accordance with this
Lease and as allowed by law, we may deduct from you►
security deposit any amounts due under this Lease. if you
move out eariv orin resnnnse to a notice to vacate, vou'll be
liable forrekevina charaes. Upon receipt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting ofany deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one payment jointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Ourinsurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability Insur-
ance as specified In this Lease unless otherwise prohibited by law. If
you have Insurance covering the apartment or your personal belong-
Ings at the time you or we suffer or allege a loss, you agree to require
your Insurance carrier to waive any Insurance subrogation rights.
Even If not required, we urge you to obtain your own Insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renter's Insurance policies don't cover losses due to a Rood.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed In Lease Details, (not to exceed 85%of the highest
monthly Rent during the Lease term) If you: (A) fall to move in,
or fall to give written move -out notice as required In Par. 25;
(B) move out without paying Rent In full for the entire Lease
term or renewal period; (C) move out at our demand because
ofyour default; or (D) arejudicially evicted. The reletting
charge Is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
Including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge Is a liquidated amount covering only
part of our damages —for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —particularly
those relating to Inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge Is a reasonable estimate
of our damages and that the charge Is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to In 7.3 or 8.1 below, If this
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end ofthe Lease term ifall of
the following occur: (a) as outlined In Lease Details, you give
us written notice of early termination, pay the EarlyTermina-
tlon Option fee In full and specify the date by which you'll
move out; (b) you are not In default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. Ifyou are In
default, the Lease remedies apply.
7.3. Special Termination Rights, Youmayhove the rightunder
Texas law to terminate this Lease early in certain situations
Involving military deployment or transfer, family violence,
certain sexual offenses, stalking o►death of a sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous'
resident's holding over. This Lease will remain In force subject to
(1) abatement of Rent on a dally basis during delay, and (2) your right
to terminate this Lease In writing as set forth below. Rent abatement
and Lease termination do not apply if the delay Is for cleaning or re-
pairs that don't prevent you from moving Into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may terml-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay Is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposlt(s) and any Rent you paid.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 2 of fi
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service In the apartment community because
of a Lease violation; Improper use, negligence, or other conduct by
you, your Invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or Inaction.
Unless damage or wastewater stoppage Is due to our negligence,
we're not liable for —and you must pay for —repairs andreplace-
ments occurring during the Lease term orrenewal perlod, Includ-
Ing: (A) damage from wastewaterstoppages caused by improper
objects In lines exclusively serving your apartment,, (B) damage to
doors, windows, orscreens, and (C) damage from windows or doors
left open.
10. Community Policies. Comm unity Policies become part ofthis
Lease and must be followed, We may make changes, Including addl-
dons, to our written Community Policies, and those changes can be-
come effective Immediately If the Community Policies are dlstrlbuted
and applicable to all units In the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, Image or video taken of you while
you are using property common areas or participating In
any event sponsored by us.
10.2, Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use Information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us Information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our sole Judgment, have been
violating the law, violating this Lease or our Community
Pollcies; or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo Identlficatlon or refuses to Identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident In the community.
Anyone not listed In this Lease cannot stay In the
apartment for more than 2 days In one week
without our prior written consent, and no more than twice
that many days In any one month. If the previous space
Isn't filled In, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days Ifyou or any ofyour occupants;
(A) are convicted of any felony, (B) are convicted of any
misdemeanor Involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you,
10.5. Odors, Noise and Construction. You agree that odors
and smells (Including those related to cooking),
everyday noises or sounds related to repair, renovation,
Improvement, or construction In or around the property
are all a normal part ofa multifamily living environment and
that it Is Impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself In a law-
ful, courteous and reasonable manner at all times when Interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests Is a breach of this Lease.
You must use customary diligence In maintaining the apartment,
keeping it In a sanitary condition and not damaging or littering the
common areas, Trash must be disposed of at least weekly, You will
use your apartment and all other areas, Including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities In common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, Including the
following activltles;
(a) criminal conduct, manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging In or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
In the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or In a way that
may alarm others;
(b) behaving Ina loud, obnoxious or dangerous manner;
(c) disturbing or threatening the rights, comfort, health, safety,
or convenience of others, Including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything In closets containing water heaters or
gas appllances;
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials Into the apartment
community;
(h) using windows for entry or exit;
(1) heating the apartment with gas -operated appliances;
(j) making bad-falth or false allegations against us or our
agents to others;
(k) smoking ofany kind, that Is not In accordance with this
Lease;
(1) using glass containers In or near pools; or
(m) conducting any kind of business (Including child-care
services) In your apartment or In the apartment
community—except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykindare allowed, even tempo-
rarlly, anywhere In the apartment or apartment community un-
less we've given written permission. Ifwe allow an animal, you must
sign a separate Animal Addendum and, except as set forth In the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit Is considered a gener-
al security deposit, You represent that any requests, statements and
representations you make, Including those for an assistance or sup-
port animal, are true, accurate and made In good faith. Feeding stray,
feral or wild animals Is a breach of this Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, In a conspicuous
place In the apartment, a written notice of our Intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may; keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you If
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyou or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, Including animal violation charges
listed In Lease Details from the date the animal was
brought Into your apartment until It Is removed. If an
animal has been In the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
Including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
Inconvenience, and overhead In enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, Including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle 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, prospective resi-
dents or buyers, Insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody Is In the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes If written notice of
the entry Is left In a conspicuous place In the apartment Immediately
after the entry, We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 3 cis
IS. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyo u or any occupant needs
to send request —for example, for repairs, Installations,
services, ownership disclosure, orsecurlty-related matters—
itmust be written and delivered to ourdeslgnated
representative In accordance with this Lease (except for
falr-housing accommodation or modification requests or
situations Involving Imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime In
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing In your
apartment constitutes a request from all residents. The time,
manner, method andmeans ofperforming maintenance
and repairs, Including whether or which vendors to use,
are within oursole discretion.
15.2. Your Requirement to Notify. You must promptly notify us In
writing ofair conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we Instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or Install utility lines or
equipment serving the apartment If the work Is done
reasonably without substantially Increasing your
utility costs. We may turn off equipment and Interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking Into consideration when casualty -Insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate In whole or In part. "Reasonable time"
accounts for the severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. lfwe fail to timely repair a condition that
materially affects the physical health or safety 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 Property Code. If you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
unde►92.056(f); (1) have the condition repaired or
remedied according to § 92.0561, (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561;
and 4) Judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure, If, In our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a dangertoyou,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose ofyour personal property If, In
our sole Judgment, It causes a health or safety hazard or Impedes our
ability to make repairs.
Texas Property Code secs, 92.751, 92.153, and 91.154 require, with
some exceptions, that we provide atno cost to you when occupancy
begins: (A) a window latch on each window; (B) a doorvlewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) elther a door -handle latch or a security bar on each sliding
door, (E) a keyless bolting device (deadbolt) on each exterlordoor,
and (F) elthera keyed doorknob lock ora keyed deadboltlockon
one entry door. Keyed locks will be rekeyed after the prior resident
moves out. The rekeying will be done eltherbefore you move In or
within 7days after you move In, as required bylaw, If we fall to in-
stall or►ekey security devices as required by law, you have the right
to do so and deduct the reasonable costfrom your next Rent pay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
or not Install keyless bolting devices on your doors If (A) you or an
occupantln the dwelling Is over55 ordlsabled, and (B) the require-
ments ofTexas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detectlon Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may Install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing Impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neltheryou noryour guests or occupants may
disable alarms or detectors.lfyou damage ordlsable the
smoke alarm orremove a battery without replacing It
with a working battery, you may be liable to us under
Texas Property Code sec.92.2611 for$100plusone
month'sRent ac(ualdamages, andattorney's fees.
18.2. Duty to Report. You must Immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable If you fail to
report malfunctions, or fall to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise requiredbylaw, none
ofus, ouremployees, agents, ormanagementcompanies are liable
to you, yourguests oroccupants foranydamage, personal injury,
loss to personalproperty, orloss ofbuslness or personallncome,
from anycause, Including butnotllmlted to: negligent orintention-
alacts ofresldents, occupants, orguests, theft, burglary, assault
vandalism or othercrlmes, fire, Rood, waterleaks, rain, hall, Ice,
snow, smoke, lightning, wind, explosions, Interruption ofutilities,
pipe leaks or other occurrences unless such damage, Injury orloss Is
caused exclusively by our negligence.
We do not warrant security of any kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities If any
security needs aalse.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognlzethat we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fall -safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an Intrusion alarm will be
charged to you, Including, but not limited to, any false alarms with
pollce/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
16.1. Property Closure. We also have the right to terminate
20.1. As -Is. We disclaim alllmplled warranties. You accept the
this Lease and your right to possession by giving you at
apartment, fixtures, and furniture as is, except for
least 30 days' written notice oftermination ifwe are
conditions materially affecting the health or safety of
demolishing your apartment or closing it and It will no
ordinary persons. You'll be given an Inventory and
longer be used for residential purposes for at least 6
Condition Form at or before move -in. You agree that
months, or if any part of the property becomes subject to
after completion of the form or within 48 hours after
an eminent domain proceeding.
move -in, whichever comes first, you must note on the
17. Assignments and Subletting. You may not assign this Lease or sub-
form all defects or damage, sign the form, return It to
us, and the form accurately reflects the condition of the
let your apartment. You agree that you won't rent, offer to rent or
license all or any part ofyour apartment to anyone else unless other-
premises for purposes of determining any refund due to
wise agreed to In advance by us In writing. You agree that you won't
you when you move out. Otherwise, everything will be
considered to be In a clean, safe, and good working
accept anything ofvalue from anyone else for the use of any part of
your apartment. You agree not to list any part ofyour apartment on
condition. You must a request for any
any lodging or short-term rental webslte or with any person or ser-
as provisend
ded by
vice that advertises dwellings for rent.
20.2. Standards and Improvements. Unless authorized by
18. Security and Safety Devices. We'll oavfor misslna security de-
law or by us In writing, you must not perform any repairs,
painting,wallpapering, carpeting, electrical changes, or
vices that are reauiredMew. You'll oavfor: (A)rekevinathat
you request 1 e j r
unl ss we fated after the
otherwise alter our property. No holes or stickers are
dent moved and (el repairs r re
it is because
replacements because of
of
allowed Inside or outside the apartment. Unless this Lease
misuse or mau by you f
vour family, vour occupants) or vour
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls and in
u must p di
gar use Lf�You must pay Immediately after the work Is done unless state
law authorizes advance payment. You must also pay In advance for
grooves ofwood-paneled walls. No water furniture, washing
any additional or changed security devices you request,
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door -
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 4 of 6
bells, or lock changes, additions, or rekeying Is permitted
unless required by law or we've consented In writing, You may
Install a satellite dish or antenna, but only Ifyou sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devices. When
you move In, we'll supply light bulbs for fixtures we furnish, In-
cluding exterior fixtures operated from Inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise In writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and Intent to move out under Par. Z3. All notices and documents will
be In English and, at our option, In any other language that you read
orspeak.
21.1. Electronic Notice. Notice maybe given electronically by
us to you Ifallowed by law.lf allowed bylaw and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address If allowed In this Lease.
You represent that you have provided your current email
address to us, and that you will notify us In the event your
email address changes.
EVICTION AND REMEDIES
22. Liability. Each resident Is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification byYou.Youlldelend,indemnlfyandhold us
and ouremployees, agents, and management company
harmless from alll/abllityarising from yourconduct or
requests to ourrepresentatives and from the conduct of or
requests byyourinvltees, occupants orguests,
23. Default by Resident.
23.1. Acts of Default. You'll be In default if: (A) you don't
timely pay Rent, Including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give Incorrect, Incomplete, or false answers In a rental
application or In this Lease; or (D) you or any occupant Is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
Involving actual or potential physical harm to a person, or
Involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
In the Texas Controlled Substances Act, or (2) any sex -
related crime, Including a misdemeanor.
23.2. Eviction. lfyoudefault, Including holding over, wemay
end yourrlght of occupancy bygiving you at least a 14-
hourwrltten notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. After giving notice to vacate or
filing an eviction suit, we maystlll accept Rent or other
sums due, the filing oracceptance doesn't waive or
diminish ourrlghtofevictlon or any other contractual or
statutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings, In an eviction,
Rent Is owed for the full rental period and will not be
prorated.
23.3. Acceleration, Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
Immediately due if, without our written consent: (A) you
move out, remove property In preparing to move out,
or you or any occupant gives oral or written notice of
Intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated If you're judicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become Immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained In: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or Increase
the Rent by 25%by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means.lfyou default, you will pay us, In addition
to other sums due, any rental discounts or concessions
agreed to In writing that have been applied to your account.
We may recover attorney's fees In connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
Interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees ifyou fall to pay sums due within 10 days after
you are malled a letter demanding payment and stating that
collection -agency fees will be added If you don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Our representatives (in-
cluding management personnel, employees, andagents) have no
authorlty to waive, amend, orterminate this Lease oranypartofit
unless in writing and signed, and no authority to make promises, rep-
resentations, or agreements that impose security duties or other ob-
ligations on us o►our representatives, unless In writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choke to enforce, not enforce or delay enforcementofwritten-no-
tice requirements, rentat due dates, acceleration, liens, orany other
righIsIsn't a waiver un der any 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. Nothing In this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term begins.
Your Lease Is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliablllty or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company Is
personally liable for any of our contractual, statutory, or other obllga-
tlons merely by virtue of acting on our behalf.
ENOOFTHELEASETERM
25. Move -Out Notice. Before moving out you must give our represen-
tative advance written move -out notice as stated In Par. 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree In writing.
Yourmove-out notice must comply with each of the following;
(a) Unless we require more than 30 days' notice, If you give
notice on the first day of the month you Intend to move
out, move out will be on the last day of that month.
(b) Your move -out notice must not terminate this Lease
before the end of the Lease term or renewal period.
(c) Ifwe require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fall to give a reminder
notice, 30 days'written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice,
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, Including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning Instructions If they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —Including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02D23, Texas Apartment AssodatIon, Inc. Page 5 or 6
hormal Wear (that Is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide a joint move -out Inspection. Our representatives
have no authority to bind or Ilmit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modl-
ficatlon, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when; (A) the move -out date has passed and no one Is living In the
apartment In our reasonable judgment; or (8) apartment keys and ac-
cess devices listed In Par.2.1 have been turned In to us —whichever
happens first.
You have abandoned the apartment when all ofthe following have
occurred; (A) everyone appears to have moved out In our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected In our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the Inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment Is also considered abandoned 10 days after the
death ofa sole resident.
27.1. The Ending ofYour Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the Immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that In our
sole Judgment belongs to you and remains In the apartment
or In common areas (Including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or If you surrender or abandon the apartment.
We're notllable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that Is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after wrlt of possession Is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership In good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment Is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease Is voidable at your option and Is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply If both
of the following occur: (1) this Lease Is automatically renewed on a
month -to -month basis more than once after membership In TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms If TAA agrees In writing.
Name, address and telephone number of locator service (If applicable):
29. Severabillty and Survivability. If any provision of this Lease Is Inval-
Id or unenforceable under applicable law, It won't Invalidate the re-
mainder ofthls Lease or change the Intent of the parties. Paragraphs
10.1, 10.2, 16, 22.1, 27,30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct If applicable, where the apartment Is located.
31, Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
In any class action claims against us or our employees, agents,
or management company. You must file any claim against us
Individually, and you expressly waive yourright to bring,
represent, loin or otherwise maintain a class action,
collective action orslmllar proceeding against us In
anyforum.
YOU UNDERSTAND THAT. WITHOUT THIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. If we are prevented from completing substan-
tlal performance of any obligation under this Lease by
occurrences that are beyond our control, Including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part ofthis
Lease and supersede any conflicting provisions In this Lease.
No cash or partial payments are
accepted. Payment method is money order
or cashier's check only.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when It Is signed. An electronic signature Is
binding. This Lease, Including all addenda, Is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
Resident or Residents (all sign below)
16 1'1 -
(Nameof Date signed
(Name of Resident) Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resldent)
Date signed
(Name of Resident)
Date signed
Ownero►Owner's Repres
t e Ingonbehalfn)125—
Apartment Lease Contract, TAA Official statewide Form 23-A/8-1 /6-2 Revised October 2023 Page 6 of 6
rf;x,Ah�,rrrn�aw l .r;�Gttnrrara. Security Guidelines for Residents
Addendum
1. Addendum. This Is an addendum to the Lease Contract • Always be aware of your surroundings and avoid areas
("Lease") executed by you, the resident(s), on the dwelling that are not well -traveled or well-Ilt.
you have agreed to rent. That dwelling Is:
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling Is located
2. Security Guidelines. We disclaim any express or Implied
warranties of security. We care about your safety and
that of other occupants and guests. No security system
Is fallsafe Even the best system can't prevent crime.
Always act as If security systems don't exist since
they are subject to malfunction, tampering, and hu-
man error. The best safety measures are the ones
you perform as a matter of common sense and habit.
Inform all other occupants in your dwelling, including any
children you may have, about these guidelines. We recom-
mend that all residents and occupants use common sense
and follow crime prevention tips, such as those listed below:
• In case of emergency, call 911. Always report emergencies
to authorities first and then contact the management.
Report any suspicious activity to the police first, and then
follow up with a written notice to us.
Know your neighbors. Watching out for each other Is one
of the best defenses against crime.
Resident or Residents (all sign below)
(Name of Resident) Date signed
(Name of Resl { 2_8 signed
,
Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
• Keep your keys handy at all times when walking to your
car or home.
Do not go Inside If you arrive home and find your door
open. Call the policefrom anotherlocation and askthem
to meet you before entering.
• Make sure locks, latches and sliding glass doors are
properly secured at all times.
• Use the keyless deadbolt in your unit when you are at
home.
• Don't put your name or address on your key ring or hide
extra keys in obvious places, like under a flower pot. If
you losea key or have concerns about key safety, we will
rekeyyour locks at your expense, In accordancewith the
Lease.
• Check the door viewer before answeringthe door. Don't
open the door if you don't know the person or have any
doubts. Children who are old enough to take care of
themselves should never let anyone Inside when home
without an adult.
Regularly checkyour security devices, smoke alarms and
other detection devices to make sure they are working
properly. Alarm and detection device batteries should
be tested monthly and replaced at least twice a year.
Immediately report In writing (dated and signed) to us
any needed repairs of security devices, doors, windows,
smoke alarms and other detection devices, as well as
any other malfunctioning safety devices on theproperty,
such as broken access gates, burned out exterior lights,
etc.
5�'
Owner or Owner's Rep a (sign below)
(/�
Date signed
You are entitled to receive a copy of this Addendum after it Is fully signed. Keep it In a safe place.
TAA Official Statewide form 15-M, Revised October, 2015 I�I
Copyright 2015, Texas Apartment Association, Inc. L—a
'TI?�C�f}s'nl?A'li'I,'I�tL+T�{'1'• i�SSQ�:I?�'1%[}N,
Asbestos Addendum
1. Addendum. This Is an addendum to the Lease Contract
executed by you, the resident(s), on the dwelling you have
agreed to rent. That dwelling Is:
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Asbestos. In most dwellings which were built prior to 1981,
asbestos was commonly used as a construction material. In
various parts of your dwelling, asbestos materials may have
been used In the original construction or in renovations prior
totheenactmentof federal lawswhlch IlmitasbestosIncertain
construction materials.
Resident or Residents (all sign below)
(Name of Resident)
A
(Name
of Resident)
(Name of Resident)
(Name of Resident)
Federal Recommendations.The United States Environmental
Protection Agency (EPA) has determined that the mere
presence of asbestos materials does not pose a health risk to
residents and that such materials are safe so long as they are
not dislodged ordisturbed Ina mannerthatcauses the asbestos
fibers to be released. Disturbances Include sanding, scraping,
pounding, or other techniques that produce dust and cause
the asbestos particles to become airborne. The EPA does not
require that intact asbestos materials be removed. Instead,
the law simply requires that we take reasonable precautions
to minimize the chance of damage or disturbance of those
materials.
Community Policies and Rules. You, your families, other
occupants, and guests must not disturb or attach anything to
the walls, ceilings, fl oor tiles, or Insulation behind the walls or
ceilings inyourdwelling unless speclfi callyallowed in owner's
rules or community policies that are separately attached to this
Lease Contract. The foregoing prevails over other provisions
of the Lease Contract to the contrary. Please report any ceiling
leaks to management promptly so that pieces of acoustical
ceiling material or ceiling tiles do not fall to the fl oor and get
disturbed by people walking on the fallen material.
Owner or Owner's opve �(,igbelow)
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it Ina safe place.
TAA Official Statewide Form 15-Y, Revised January, 2015.
Copyright 2015,Texas Apartment Association, Inc. ,�.ra
WATER AND WASTEWATER ALLOCATION AND SUBMETERING ADDENDUM
t. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. at (street address)
In Texas. OR the house, duplex, etc. located at (street address)
In Texas. The terms of this addendum will control if the terms of
the Lease and this addendum conflict.
2. Mutual conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your
apartment no later than 7 days after we learn about them. You agree to use your best efforts to conserve water and
notify us of leaks.
3. Your payment due date. Payment of your water and wastewater bill Is due 16 days after the date It is postmarked or
hand delivered to your apartment. You agree to mall or deliver payment to the place indicated on your bill so that
payment Is received no later than the due date. You will pay a late charge of 5% of your water and wastewater bill If we
do not receive your payment on time.
4. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in
the previous calendar year was $ 94.36 per unit, varying from $ 12.74 to $ 100.00
for the lowest to highest month's bills for any unit In the apartment community for this period, If such information is
available. The above amounts do not reflect future changes in utility company water rates, weather variations, total
water consumption, residents' water consumption habits, etc.
5. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills
from the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you
under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the
computation of your bill will be between you and us.
One of the following applies:
O Submeter billing procedures
A. Your monthly water and wastewater bill will be submetered. Please see the applicable rules of the PUC
(attached).
B. As permitted by stale law, a service fee of % (not to exceed 9%) will be added to your monthly
water -service charges.
C. No other administrative or other fees will be added to your bill unless expressly allowed by law or PUC rules. No
other amounts will be Included in the bill except your unpaid balances and any late fees (if Incurred by you). If
we fall to pay our mastermeter bill to the utility company on time and Incur penalties or Interest, no portion of
these amounts will be Included In your bill.
D. Any dispute relating to the accuracy of any submetering device will be between you and us.
E. We will bill you monthly for your submetered water consumption from approximately the 10 day of
the month to the 10 day of the month, the latter being our scheduled submeter-reading date. Your
bill will be calculated In accordance with PUC rules and this Addendum and will be prorated for the first and last
months you live In the unit.
O Allocation billing procedures
A. Your monthly water and wastewater bill will be allocated. Please see the applicable rules of the PUC (attached).
B. Common area deduction. Before calculating your portion of the bill, we will deduct for Irrigation of landscaping
and all other common area uses, as required by PUC rules. We will also deduct for any utility company base
charges and customer service charges so that you won't be paying any part of such charges for vacant units.
No administrative or other fees will be added to the total mastermeter water/wastewater bill(s) to be allocated
unless expressly allowed by PUC rules. No other amounts will be Included In the bill except your unpaid
balances and any late fees you incur. If we fall to pay our mastermeter bill to the utility company on time and
Incur penalties or Interest, no portion of such amounts will be Included In your bill.
C. The allocation method that we will use In calculating your bill is noted below and described In the following
subdivision of Section 24.261 of the PUC rules (check only one):
O subdivision (1) actual occupancy;
O subdivision (11) ratio occupancy (PUC average for number of occupants in unit);
O subdivision (ill) average occupancy (PUC average for number of bedrooms in unit);
M subdivision (Iv) combination of actual occupancy and square feet of the apartment; or
O subdivision (v) submetered hot/cold water, ratio to total.
D. The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter
Is about the day of the month. Within 10 days thereafter, we will try to allocate that mastermeter
bill among our residents by allocated billings.
Special provisions:
Signatures of All Rest Is
Signature of Owner or Owner's Repreove�
REDBOOK ONLINE I Texas Apartment Association
Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In
accordance with PUC rules, a copy of the applicable rules is provided to you below:
SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION
§ 24,275. General Rules and Definitions
(a) Purpose and scope. The provisions of this subchapter are Intended to
establish a comprehensive regulatory system to assure that the practices
Involving submelered and allocated billing of dwelling units and multiple use
facilities for water and sewer utility service are Just and reasonable and
Include appropriate safeguards for tenants.
(b) Application. The provisions of this subchapter apply to apartment houses,
condominiums, multiple use facilities, and manufactured home rental
communities billing for water and wastewater utility service on a submelered
or allocated basis. The provisions of this subchapter do not limit the authority
of an owner, operator, or manager of an apartment house, manufactured
home rental community, or multiple use facility to charge, bill for, or collect
rent, an assessment, an administrative fee, a fee relating to upkeep or
management of chilled water, boiler, heating, ventilation, air conditioning, or
other building system, or any other amount [hat Is unrelated to water and
sewer utility service costs.
(c) Definitions. The following words and terms, when used In this subchapter,
have the defined meanings, unless the context clearly Indicates otherwise.
(1) Allocated utility service —Water or wastewater utility service that Is
master metered to an owner by a retail public utility and allocated to tenants
by the owner.
(2) Apartment house —A building or buildings containing five or more
dwelling units that are occupied primarily for nontransient use, Including a
residential condominium whether rented or owner occupied, and If a
dwelling unit Is rented, having rent paid at Intervals of one month or more.
(3) Condominium manager —A condominium unit owners' association
organized under Texas Property Code §82.101, or an Incorporated or
unincorporated entity comprising the council of owners under Chapter 81,
Property Coda. Condominium Manager and Manager of a Condominium
have the some meaning.
(4) Customer service charge --A customer service charge Is a rate that Is
not dependent on the amount of water used through the master meter.
(5) Dwelling unit —One or more rooms in an apartment house or
condominium, suitable for occupancy as a residence, and containing
kitchen and bathroom facilities; a unit In a multiple use facility; or a
manufactured home In a manufactured home rental community.
(6) Dwelling unit base charge —A gal rate or fee charged by a retail public
utility for each dwelling unit recorded by the retail public utility.
(7) Manufactured home rental community —A property on which spaces are
rented for the occupancy of manufactured homes for nonlransient
residential use and for which rental Is paid at Intervals of one month or
longer.
(8) Master meter —A meter used to measure, for billing purposes, all water
usage of an apartment house, condominium, mu1llP1e use facility, or
manufactured home rental community, Including common areas, common
facilities, and dwelling units.
(9) Multiple use faclllty—A commercial or Industrial park, office complex, or
marina with five or more units that are occupied primarily for nontrenslent
use and are rented at Intervals of one month or longer.
(10) Occupant —A tenant or other person authorized under a written
agreement to occupy a dwelling.
(11) Overcharge—Tha amount, If any, a tenant Is charged for submelered
or nonsubmetered master metered utility service to the tenant's dwelling
unit after a violation occurred relating to the assessment of a portion of
utility costs In excess of the amount the tenant would have been charged
under this subchapter. Overcharge and Overbilling have the same
meaning.
(12) Owner —The legal titleholder of an apartment house, a manufactured
home rental community, or a multiple use facility; and any Individual, firm,
or corporation expressly Identified In the lease agreement as the landlord
of tenants In the apartment house, manufactured home rental community,
or multiple use facility. The term does not Include the manager of an
apartment home unless the manager Is expressly Identified as the landlord
In the lease agreement.
(13) Point -of -use submater—A device located In a plumbing system to
measure the amount of water used at a specific point of use, gxlure, or
appliance, Including a sink, toilet, bathtub, or clothes washer.
(14) Submetered utility service —Water utility service that Is master metered
for the owner by the retail public utility and Individually metered by the
owner at each dwelling unit; wastewater utility service based on
submetered water utility service; water utility service measured by point -of -
use submelers when all of the water used In a dwelling unit Is measured
and totaled; or wastewater utility service based on total water use as
measured by point -of -use submelers.
(15) Tenant --A person who owns or Is entitled to occupy a dwelling unit or
multiple use facility unit to the exclusion of others and, If rent Is paid, who
Is obligated to pay for the occupancy under a written or oral rental
agreement.
(16) Undercharge —The amount, If any, a tenant Is charged for submelered
or nonsubmetered master metered utility service to the tenant's dwelling
unit less than the amount the tenant would have been charged under this
subchapter. Undercharge and Underbllling have the same meaning.
(17) Utility costs --Any amount charged to the owner by a retail public utility
forwater orwastewaler service. Utility Costs and Utility Service Costs have
the some meaning.
(18) Utility service —For purposes of this subchapter, utility service Includes
only drinking water and wastewater.
§ 24.277.Owner Registration and Records
(a) Registration. An owner who Intends to bill tenants for submetered or
allocated utility service or who changes the method used to bill tenants for
utility service shall register with the commission In a form prescribed by the
commission.
(b) Water quantity measurement. Except as provided by subsections (c) and
(d) of this section, a manager of a condominium or the owner of an apartment
house, manufactured home rental community, or multiple use facility, on
which construction began after January 1, 2003, shall provide for the
measurement of the quantity of water, If any, consumed by the occupants of
each unit through the Installation of:
(1) submeters, owned by the property owner or manager, for each dwelling
unit or rental unit; or
(2) Individual meters, owned by the retail public utility, for each dwelling
unit or rental unit.
(c) Plumbing system requirement. An owner of an apartment house on which
construction began after January 1, 2003, and that provides government
assisted orsubsidized rental housing to low orvery low Income residents shall
Install a plumbing system in the apartment house that Is compatible with the
Installation of submelers for the measurement of the quantity of water, If any,
consumed by the occupants of each unit.
(d) Installation of individual meters. On the request by the properly owner or
manager, a retail public utility shall Install Individual meters owned by the
utility In an apartment house, manufactured home rental community, multiple
use facility, or condominium on which consbuclion began after January 1,
2003, unless the retail public utility determines that Installation of meters Is
not feasible. If the retail public utility determines that Installation of meters Is
not feasible, the property owner or manager shall Install a plumbing system
that Is compatible with the Installation of submeters or Individual meters. A
retell public Willy may charge reasonable costs to Install Individual meters.
(a) Records. The owner shall make the following records available for
Inspection by the tenant or the commission or commission staff at the on -site
manager's office during normal business hours in accordance with subsection
(g) of this section. The owner may require that the request by the tenant be
In writing and Include:
(1) a current and complete copy of TWC, Chapter 13, Subchapter M;
(2) a current and complete copy of this subchapter;
(3) a current copy of the retail public utility's rate structure applicable to the
owner's bill;
(4) Information or lips on how tenants can reduce water usage;
(5) the bills from the retail public utility to the owner;
(6) for allocated billing:
(A) the formula, occupancy factors, If any, and percentages used to
calculate tenant bills;
(B) the total number of occupants or equivalent occupants If an
equivalency factor Is used under §24.281(e)(2) of this title (relating to
Charges and Calculations); and
(C) the square footage of the tenant's dwelling unit or rental space and
the total square footage of the apartment house, manufactured home
rental community, or multiple use facility used for billing If dwelling unit
size or rental space Is used;
(7) for submelered billing:
(A) the calculation of the average coal per gallon, liter, or cubic foot;
(8) If the unit of measure of the submeters or polnl-of-use submeters
differs from the unit of measure of the master meter, a chart for
converting the tenant's submeter measurement to that used by the retail
public utility;
(C) all submeter readings; and
(D) all submeter test results;
(8) the total amount billed to all tenants each month;
(9) total revenues collected from the tenants each month to pay for water
and wastewater service; and
(10) any other Information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (a) of
this section shall be maintained for the current year and the previous calendar
year, except that all submeter lest results shall be maintained until the
submeter Is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (a) of this section are
maintained at the on -site managers office, the owner shall make the
records available for Inspection at the on -site managers office within three
days after receiving a written request.
(2) If the records required under subsection (a) of this section are not
routinely maintained at the on -site managers office, the owner shall
provide copies of the records to the on-slle manager within 15 days of
receiving a wrten request from a tenant or the commission or commission
staff.
(3) If there Is no on -site manager, the owner shall make copies of the
records available at the tenant's dwelling unit at a time agreed upon by the
tenant within 30 days of the owner receiving a written request from the
tenant.
(4) Copies of the records may be provided by mall If postmarked by
midnight of the last day specified In paragraph (1), (2), or (3) of this
subsection.
§ 24.279. Rental Agreement
(a) Rental agreement content. The rental agreement between the owner and
tenant shall clearly stale In writing:
(1) the tenant will be billed by the owner for submetered or allocated utility
services, whichever Is applicable;
(2) which utility services will be Included In the bill Issued by the owner;
(3) any disputes relating to [he computation of the tenant's bill or the
accuracy of any submetering device will be between the tenant and the
owner;
(4) the average monthly bill for all dwelling units In the previous calendar
year and the highest and lowest month's bills for that period;
(5) If not submelered, a clear description of the formula used to allocate
utility services;
(6) Information regarding billing such as meter reading dales, billing dates,
and due dates;
(7) the period of time by which owner will repair leaks In the tenant's unit
and In common areas, If common areas are not submelered;
(8) the tenant has the right to receive Information from the owner to verify
the utility bill; and
(9) for manufactured home rental communities and apartment houses, the
service charge percentage permitted under §24.281(d)(3) of [his title
(relating to Charges and Calculations) that will be billed to tenants.
(b) Requirement to provide rules. At the time a rental agreement Is discussed,
the owner shell provide a copy of this subchapter or a copy of the rules to the
tenant to Inform the tenant of his rights and the owners responsibilities under
this subchapter.
(c) Tenant agreement to billing method changes. An owner shell not change
the method by which a tenant Is billed unless [he tenant has agreed to the
change by signing a lease or other written agreement. The owner shall
provide notice of the proposed change at least 35 days prior to Implementing
the new method.
(d) Change from submelered to allocated billing. An owner shall not change
from submetered billing to allocated billing, except after receiving written
approval from the commission after a demonstration of good cause and If the
rental agreement requirements under subsections (a), (b), and (c) of this
section have been met. Good cause may Include:
(1) equipment failures; or
(2) meter reading or billing problems that could not feasibly be corrected.
(a) Waiver of tenant rights prohibited. A rental agreement provision that
purports to waive a tenant's rights or an owners responsibilities under this
subchapter Is void.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to tenants for submelered or allocated
utility service may only Include bills for water or wastewater from the retail
public utility and must not Include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retell public utility's rate structure Includes
a dwelling unit base charge, the owner shall bill each dwelling unit (or the
base charge applicable to that unit. The owner may not bill tenants for any
dwelling unit base charges applicable to unoccupied dwelling units,
(c) Customer service charge. If the retail public utility's rate structure Includes
a customer service charge, the owner shall bill each dwelling unit the amount
of the customer service charge divided by the total number of dwelling units,
Including vacant units, that can receive service through the master meter
serving the tenants.
(d) Calculations for submelered utility service. The tenant's submelered
charges must Include the dwelling unit base charge and customer service
charge, If applicable, and the gallonage charge and must be calculated each
month as follows:
(1) wafer utility service: the retail public utility's total monthly charges for
water service (less dwelling unit base charges or customer service
charges, if applicable), divided by the total monthly water consumption
measured by the retail public utility to obtain an average water cost per
gallon, liter, or cublc fool, multiplied by the tenant's monthly consumption
or [he volumetric rate charged by the retail public utility to the owner
multiplied by [he tenant's monthly water consumption;
(2) wastewater utility service: the retail public u81lty's total monthly charges
for wastewater service (less dwelling unit base charges or customer
service charges, If applicable), divided by the total monthly water
consumption measured by the retail public utility, multiplied by the tenant's
monthly consumption or the volumetric wastewater rate charged by the
retail public utility to the owner multiplied by the tenant's monthly water
consumption;
(3) service charge for manufactured home rental community or the owner
or manager of apartment house: a manufactured home rental community
or apartment house may charge a service charge In an amount not to
exceed 9 % of the tenant's charge for submelered water and wastewater
service, except when;
(A) the resident resides In a unit of an apartment house that has received
an allocation of low Income housing tax credits under Texas
Government Code, Chapter 2306, Subchapter DID; or
(B) the apartment resident receives tenant -based voucher assistance
under United Slates Housing Act of 1937 Section 8, (42 United Steles
Code, §1437(); and
(4) final bill on move -out for submelered service: If a tenant moves out
during a billing period, the owner may calculate a final bill for the tenant
before the owner receives the bill for that period from the retail public utility.
If the owner Is billing using the average water or wastewater cost per
gallon, liter, or cubic foot as described In paragraph (1) of this subsection,
the owner may calculate the tenant's bill by calculating the tenant's average
volumetric rate for the last three months and multiplying that average
volumetric rate by the tenant's consumption for the billing period.
(a) Calculations for allocated utility service.
(1) Before an owner may allocate the retail public ulllity's master meter bill
for water and sewer service to the tenants, the owner shall first deduct:
(A) dwelling unit base charges or customer service charge, If applicable;
and
(B) common area usage such as Installed landscape Irrigation systems,
pools, and laundry rooms, If any, as follows:
(I) If all common areas are separately metered or submelered, deduct
the actual common area usage;
(II) If common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submelered and there Is an Installed landscape Irrigation system,
deduct at least 25 % of the retail public utility's master meter bill;
(III) If all water used for an Installed landscape Irrigation system Is
metered or submelered and there are other common areas such as
pools or laundry rooms that are not metered or submelered, deduct
at least 5 % of the retail public utility's master meter bill; or
(Iv) If common areas that are served through [he master meter that
provides water to the dwelling units are not separately metered or
submetered and there is no Installed landscape Irrigation system,
deduct el lead 6 % of the retail public ullilly's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established In paragraph (1) of this subsection by:
(1) the number of occupants In the tenant's dwelling unit divided by the
total number of occupants In all dwelling units at the beginning of the
month for which bills are being rendered; or
(II) the number of occupants In the tenant's dwelling unit using a ratio
occupancy formula divided by the total number of occupants In all
dwelling units at the beginning of the retell public utility's billing period
using the some ratio occupancy formula to determine the total. The
ratio occupancy formula will reflect what the owner believes more
accurately represents the water use In units that are occupied by
multiple tenants. The ratio occupancy formula that Is used must
assign a fractional portion per tenant of no less than that on the
following scale:
(1) dwelling unit with one occupant =1;
(II) dwelling unit with two occupants =1.6;
(III) dwelling unit with three occupants = 2.2; or
(IV) dwelling unit with more than three occupants = 2.2 + 0.4 per
each additional occupant over three; or
(III) the average number of occupants per bedroom, which shall be
determined by the following occupancy formula. The formula must
calculate the average number of occupants in all dwelling units based
on the number of bedrooms In the dwelling unit according to the scale
below, notwithstanding the actual number of occupants In each of the
dwelling unll's bedrooms or all dwelling units:
(1) dwelling unit with an efficiency = 1;
(11) dwelling unit with one bedroom =1.6;
(III) dwelling unit with two bedrooms = 2.8;
(IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional
bedroom; or
(iv) a factor using a combination of square footage and occupancy In
which no more then 50% Is based on square footage. The square
footage portion must be based on the total square footage living area
of the dwelling unit as a percentage of the total square footage living
area of all dwelling units of the apartment house; or
(v) the Individually submetered hot or cold water usage of the tenant's
dwelling unit divided by all submetered hot or cold water usage In all
dwelling units;
(B) a condominium manager shall multiply the amount established In
paragraph (1) of this subsection by any of the factors under
subparagraph (A) of this paragraph or may follow the methods outlined
In the condominium contract;
(C) fore manufactured home rental community, the owner shall multiply
the amount established In paragraph (1) of this subsection by:
(1) any of the factors developed under subparagraph (A) of this
paragraph; or
(11) the area of the Individual rental space divided by the total area of
all rental spaces; and
(D) for a multiple use facility, the owner shell multiply the amount
established In paragraph (1) of thle subsection by:
(1) any of the factors developed under subparagraph (A) of this
paragraph; or
(11) the square footage of the rental space divided by the total square
footage of all rental spaces.
(3) If a tenant moves in or out during a billing period, the owner may
calculate a bill for the tenant. If the tenant moves In during a billing period,
the owner shall prorate the bill by calculating a bill as If the tenant were
there for the whole month and then charging the tenant for only the number
of days the tenant lived In the unit divided by the number of days In the
month mulliplled by the calculated bill. Its tenant moves out dudng a billing
period before the owner receives the bill for the( period from the retail public
utility, the owner may calculate a final bill. The owner may calculate the
tenant's bill by calculating the tenant's average bill for the lest three months
and multiplying that average bill by the number of days the tenant was In
the unit divided by the number of days In that month.
(f) Conversion to approved allocation method. An owner using an allocation
formula other than those approved In subsection (a) of this section shall
Immediately provide notice as required under §24.279(c) of this title (relating
to Rental Agreement) and either.
(1) adopt one of the methods In subsection (a) of this section; or
(2) Install submeters and begin billing on a submetered basis; or
(3) discontinue billing for utility services.
§ 24.283. Billing
(a) Monthly billing of total charges, The owner shall bill the tenant each month
for the total charges calculated under §24.281 of this title (relating to Charges
and Calculations). If It Is permitted In the rental agreement, an occupant or
occupants who are not residing In the rental unit (or a period longer than 30
days may be excluded from the occupancy calculation and from paying a
water and sewer bill for that period.
(b) Rendering bill.
(1) Allocated bills shall be rendered as promptly as possible after the owner
receives the retell public utility bill.
(2) Submeter bills shall be rendered as promptly as possible after the
owner receives the retell public utility bill or according to the time schedule
In the rental agreement If the owner Is billing using the retail public utility's
role.
(c) Submeter reading schedule. Submelers or point -of -use submelers shall
be read within three days of the scheduled reading dale of the retail public
utility's master meter or according to the schedule In the rental agreement If
the owner Is billing using the retail public utility's role.
(d) Billing period.
(1) Allocated bills shall be rendered for the same Wiling period as that of
the retell public utility, generally monthly, unless service Is provided for less
than that period.
(2) Submeter bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service Is provided for less
than that period. If the owner uses the retell public ullllty's actual rate, the
billing period may be an alternate billing period specified In the rental
agreement.
(a) Multi -Item bill. If Issued on a mull) -Item bill, charges for submetered or
allocated utility service must be separate and distinct from any other charges
on the bill.
(1) Information on bill. The bill must clearly slate that the ulillty service Is
submetered or allocated, as applicable, and must Include all of the following:
(1) total amount due for submetered or allocated water;
(2) total amount due for submetered or allocated wastewater;
(3) total amount due for dwelling unit base charge(s) or customer service
charge(s) or both, If applicable;
(4) total amount due for water or wastewater usage, If applicable;
(5) the name of the retail public utility and a statement that the bill Is not
from the retail public utility;
(6) name and address of the tenant to whom the bill Is applicable;
(7) name of the firm rendering the bill and the name or title, address, and
telephone number of the firm or person to be contacted In case of a billing
dispute; and
(8) name, address, and telephone number of the party to whom payment
Is to be made.
(g) Information on submetered service. In addition to the Information required
In subsection (I) of this section, a bill for submetered service must Include all
of the following:
(1) the total number of gallons, liters, or cubic feel submetered or measured
by polnt-of-use submeters;
(2) the cost per gallon, liter, or cubic fool for each service provided; and
(3) total amount due for a service charge charged by an owner of a
manufactured home rental community, If applicable.
(h) Due date. The due date on the bill may not be less then 16 days after it Is
mailed or hand delivered to the tenant, unless the due dale falls on a federal
holiday orweekend, In which case the following work day will be the due dale.
The owner shall record the date the bill Is mailed or hand delivered. A
payment Is delinquent if not received by the due dale.
(1) Estimated bill. An estimated bill may be rendered If a master meter,
submeler, or point -of -use submeler has been tampered with, cannot be read,
or Is out of order; and In such case, the bill must be distinctly marked as an
estimate and the subsequent bill must reflect an adjustment for actual
charges.
(I) Payment by tenant. Unless utility bills are paid to a Ihlyd-party billing
company on behalf of the owner, or unless clearly designated by the tenant,
payment must be applied first to rent and then to utilities.
(k) Overbilling and underbllling. If a bill Is Issued and subsequently found to
be In error, the owner shall calculate a billing adjustment. If the tenant Is due
a refund, an adjustment must be calculated for all of that tenant's bills [hat
Included overcharges. If the overbilling or underbllling egecls all tenants, an
adjustment must be calculated for all of the tenants' bills. If the tenant was
undercharged, and the cause was not due to submeter or polnl-of-use
submeler error, the owner may calculate an adjustment for bills Issued In the
previous six months. If the total undercharge Is $25 or more, the owner shall
offer the tenant a deferred payment plan option, for the same length of time
as that of the underbllling. Adjustments for usage by a previous tenant may
not be back billed to a current tenant.
(1) Disputed bills. In the event of a dispute between a tenant and an owner
regarding any bill, the owner shall Investigate the matter and report the results
of the Investigation to the tenant In writing. The Investigation and report must
be completed within 30 days from the dale the tenant gives written notification
of the dispute to the owner.
(m) Late fee. A one -lime penalty not to exceed 5% may be applied to
delinquent accounts. If such a penalty Is applied, the bill must Indicate the
amount due If the lets penally is Incurred. No late penalty may be applied
unless agreed to by the tenant In a written lease that aisles the percentage
amount of such late penalty.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction forvlolallons under
this subchapter.
(b) Complaints. If an apartment house owner, condominium manager,
manufactured home rental community owner, or other multiple use facility
owner violates a commission rule regarding utility costs, the person claiming
the violation may file a complaint with the commission and may appear
remotely for a hearing.
§ 24.287. Submeters or Point -of -Use Submeters and Plumbing Fixtures
(a) Submeters or point -of -use submeters,
(1) Same type submeters or point -of -use submeters required. All
submeters or point -of -use submeters throughout a property must use the
same unit of measurement, such as gallon, liter, or cubic fool.
(2) Installation by owner. The owner shall be responsible for providing,
Installing, and maintaining all submeters or polnl-of-use submeters
necessary for the measurement of water to tenants and to common areas,
If applicable.
(3) Submeler or point -of -use submeler tests prior to Installation. No
submeler or point -of -use submeter may be placed In service unless Its
accuracy has been established. If any submeler or point -of -use submeler
Is removed from service, It must be properly tested and calibrated before
being placed In service again.
(4) Accuracy requirements for submelers and point -of -use submeters.
Submeters must be calibrated as close as possible to the condition of zero
error and within the accuracy standards established by the American Water
Works Association (AWWA) for water meters. Point -of -use submeters
must be calibrated as closely as possible to the condition of zero error and
within the accuracy standards established by the American Society of
Mechanical Engineers (ASME) for polnl-of-use and branch -water
submelering systems.
(5) Location of submeters and point -of -use submeters. Submeters and
point -of -use submeters must be Installed In accordance with applicable
plumbing codes and AWWA standards for water meters or ASME
standards for polnt-of-use submelers, and must be readily accessible to
the tenant and to the ownerfor testing and Inspection where such activities
will cause minimum Interference and Inconvenience to the tenant.
(6) Submeler end point -of -use submeter records. The owner shall maintain
a record on each submeter or point -of -use submeler which Includes:
(A) an Identifying number;
(B) the Installation dale (end removal dale, If applicable);
(C) dale(s) the submeler or point -of -use submeter was calibrated or
tested;
(D) copies of all tests; and
(E) the current location of the submeler or polnl-of-use submeter.
(7) Submeter or point -of -use submeler test on request of tenant. Upon
receiving a written request from the tenant, the owner shall either:
(A) provide evidence, at no charge to the tenant, that the submeler or
point -of -use submeler was calibrated or tested within the preceding 24
months and determined to be within the accuracy standards established
by the AWWA for water meters or ASME standards for point -of -use
submeters; or
(B) have the submeler or poln(of-use submeler removed and tested and
promptly advise the tenant of the lest results.
(8) Billing for submeler or point -of -use submeler lest.
(A) The owner may not bill the tenant for testing costs If the submeler
falls to meet AWWA accuracy standards for water meters or ASME
standards for point -of -use submeters.
(B) The owner may not bill the tenant for testing costs If there Is no
evidence that the submeter or point -of -use submeter was calibrated or
tested within the preceding 24 months.
(C) The owner may bill the tenant for actual testing costs (not to exceed
$25) If the submeler meals AWWA accuracy standards or the point -of -
use submeler meals ASME accuracy standards and evidence as
described In paragraph (7)(A) of this subsection was provided to the
tenant.
(9) BIII adjustment due to submeler or point -of -use submeler error. If e
submeler does not meet AWWA accuracy standards or a point -of -use
submeler does not meet ASME accuracy standards and the tenant was
overbilled, an adjusted bill must be rendered In accordance with §24.283(k)
of this title (relating to Billing). The owner may not charge the tenant for
any underbllling [hat occurred because the submeter or point -of -use
submeler was In error.
(10) Submeler or point -of -use submeler testing facilities and equipment.
For submelers, an owner shell comply with the AWWA's meter testing
requirements. Forpolnl-of-use meters, an owner shall Comply with ASME's
meter testing requirements.
(b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium may Implement a program to bill tenants for
submelered or allocated water service, the owner or manager shall adhere to
the following standards:
(1) Texas Health and Safely Code, §372.002, for sink or lavatory faucets,
faucet aerators, and showerheads;
(2) perform a water leak audit of each dwelling unit or rental unit and each
common area and repair any leaks found; and
(3) not later than the first anniversary of the dale an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium begins to bill for submelered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.5 gallons per
flush; and
(B) Install toilets that meet the standards prescribed by Texas Health
and Safety Code, §372.002.
(c) Plumbing fixture not applicable. Subsection (b) of this section does not
apply to a manufactured home rental community owner who does not own
the manufactured homes located on the property of the manufactured home
rental community.
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas. The terms of this addendum will control If the terms of the Lease and this addendum conflict.
2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various
governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we
have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized
formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these
bills, we do not add any other costs to these bills and make no profit off of them.
3. Services and governmental fees allocated. We will allocate the following services and governmental fees:
❑
Cable/satellite television
❑
Registration/license fee
❑
Stormwater/drainage
®
Other Pest control $2 per month
❑
Trash removal/recycling
❑
Other
❑
Street repair/maintenance fee
❑
Other
❑
Emergency services fee
❑
Other
❑
Conservation district fee
❑
Other
❑
Inspection fee
❑
Other
4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is
postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place Indicated on your bill so
that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we
do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as
allowed by law, and we may immediately exercise all other lawful remedies, Including eviction just like late payment of rent.
S. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services
and governmental fees Indicated above. You will pay separately for these charges which are defined under the Lease as
"Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and
distinct charges as part of a multi -item bill.
You agree to and we will allocate the Indicated services and governmental fees for the apartment community based on the
allocation method checked below: (check only one)
❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your
unit's square footage divided by the total square footage In all apartment units.
❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units).
❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
❑ Other formula (see attached page)
6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest
for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
T. Change of allocation formula. The above allocation formula for determining your share of the services and governmental
fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect;
and (2) you agree to the change in a signed lease renewal or signed mutual agreement.
B. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental
entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give
us reasonable advance notice to gather the data.
Signatures of dents
Signature of Owner or s Representative
Texas Apartment Association
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS -FLAT FEE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments In
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge
for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of
$ 7.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of
$ 0.00 per month (not to exceed $3) for processing and billing.
Your trash/recycling bill may Include state and local sales taxes as required by state law.
3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date It Is postmarked or hand
delivered to your apartment. We may Include this Item as a separate and distinct charge as part of a multi -Item bill. You agree
to mail or deliver payment to the place Indicated on your bill so that payment is received no later than the due date. There will
be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but
we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately
exercise all lawful remedies under your lease contract, including eviction.
Signatures of lesIdents
Signature of Owner or - ner's Representative
Texas Apartment Association
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1. Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on
our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy
restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in
criminal trespass.
3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked):
❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and
their apartments.
❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a handgun that Is carried openly. The only exception Is that we allow persons to transport their firearms between their
vehicles and their apartments.
M Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing
office or M any common rooms/amenities of this property with a concealed handgun. (If neither Is checked, concealed
handguns are prohibited in both).
M Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing
office or M any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked,
openly carried handguns are prohibited in both).
❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm,
other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain
view.
4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that:
(a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease
or any community policies we issue;
(b) you have been provided the apartment community's policy or policies concerning firearms and will follow them;
(c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are
and that they are subject to the same policy or policies as you;
(d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(a) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe.
5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and
agree that:
(a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety;
(b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation,
default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice
of a violation;
(c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we would have to you or any other household in the apartment
community to render any areas In the apartment community any safer, more secure, or improved as compared to any
other rental property;
(d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or Improved
safety or security standards than any other rental property;
(e) we cannot and do not warrant or promise that any part of the apartment community Is or will be free from handguns,
firearms, or other weapons; and
(f) our ability to effectively monitor or enforce this addendum depends in large part on your an ur dbupants' and guests'
cooperation and compliance.
Signatures Signature of Owner or ner's Representative
Texas Apartment Association
VIRUS WARNING AND WAIVER ADDENDUM
This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed
for Apt. No. In the
Apartments in
Texas, OR the house, duplex, etc. located at (street address)
In . Texas.
Due to the Inherent risk of exposure to COVID-19 and/or other virus strains (collectively "Viruses") on the premises as defined
In Section 92.001 of the Texas Property Code (the "Premises"), it is Important that you diligently follow all posted Instructions,
written rules, and generally accepted health precautions concerning the spread of Viruses while on the Premises. Viruses may
be extremely contagious and can lead to severe illness and death. You should always assume that anyone could have a Virus,
There Is no representation or warranty that: (1) the Premises are or will remain free of Viruses, (2) persons on the Premises
are not carrying Viruses; or (3) exposure to Viruses cannot occur on the Premises.
While on the Premises:
1. You must exercise due care for your safety at all times.
2. You agree to take full responsibility for and voluntarily assume all risks related to exposure to Viruses.
3. You agree to release, Indemnify, discharge, and hold us and our representatives harmless to the fullest extent allowed
by law for all present and future claims and liabilities relating to Viruses, Including but not limited to any negligent act
or omission by us, which might occur as a result of your being on the Premises.
Date Resident /
Date /r Resident
Date 6 Resident
Date Resident \.
Date Resident
Date Resident
Date Owner's Representative
name and unit number or street address of leased
premises
Texas Apartment Association
COMMUNITY POLICIES ADDENDUM
1. Addendum. This Is an addendum to the Lease between you and us for Apt. No. in the
Apartments In
Texas OR
the house, duplex, etc. located at (street address)
In Texas.
2. Payments. All payments for any amounts due under the Lease must be made:
m at the onsite manager's office
® through our online portal
m by mall to or
® other: www.wastdaleresidents.com
The following payment methods are accepted:
® electronic payment
m personal check
m cashier's check
® money order, or
m other: www. westdaleresidents. com
We have the right to reject any payment not made In compliance with this paragraph.
Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid
utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, Including stickers,
scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company
representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to
open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing
or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm
charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by
you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters;
late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys
and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent
If you've violated the Lease. We may also deduct from your security deposit our reasonable costs Incurred In rekeying security
devices required by law If you vacate the apartment In breach of this Lease.
Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment Jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by:
m online portal
M email to whadm@westdale.com
m hand delivery to our management office, or
IN) other: The notice of intent to move out and work orders must be in written form onlv.
From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing
this form and providing contact Information, you are giving us your express written consent to contact you at the telephone number you
provided for marketing or promotional purposes, even If the phone number you provided is on a corporate, state or national Do Not Call
list. To ont out of receivina these messaaes. please submit a written reauest to us by the method noted above.
You acree to receive these messaaes from us throuah an automatic telephone dialina system. prerecorded/artificlal voice
messaaes. SMS or text messaaes. or anv other data or voice transmission technoloay. Your aa_reement is not reoulred as a
condition of the purchase of anv oroneriv. aoods. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to slate law at the owner or operator's
expense at any time If the vehicle: (a) has a flat lire or is otherwise inoperable; (b) is on Jacks, on blocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(a) Is In a handicapped space without the legally required handicapped Insignia; (f) is in a space marked for office visitors, managers, or
staff; (g) blocks another vehicle from exiting; (h) Is in a fire lane or designated "no parking" area; (1) is In a space that requires a permit or
Is reserved for another resident or apartment; 0) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed If not removed; or
(m) is not moved to allow parking lot maintenance.
HVAC Operation. If the exterior temperature drops below 32' F you must keep the heat on and set to a minimum of 50' F. You must
also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you
must drip all the faucets In your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32' F. You must leave your HVAC system on, even If you leave for multiple days, and have It set to auto at all limes.
Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted In or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of anyAmenitles by you, your Invitees, your licensees, your occupants, or your guests. This
release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities.
8. Package Services. We ❑ do or ® do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable
accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations
under applicable law.
10. Special Provisions. The following special provisions control over conflicting provisions of this form:
Refer to Westdale Hills Communitv Policies Addendum
n
Signature o t dents
Signature of Owner or 04 oepresentative
Texas Apartment Association
WESTDALE ASSET MANAGEMENT
RENTER'S INSURANCE ADDENDUM
For the duration of the Lease Agreement, Lessee(s) is required to maintain and provide evidence of either
tenant liability insurance or renter's Insurance ("Required Insurance"). Minimum coverage under Lessee's
tenant liability Insurance or renter's Insurance policy must be no less than: ($100,000) Limit of Liability for
Lessee's legal liability for damage to the landlord's property
Lessee(s) Is required to furnish Lessor with evidence of Required Insurance prior to occupancy of leased
premises and at the time of each lease renewal period. If at any time Lessee does not have such
Insurance, Lessor has the right to 'force place' replacement coverage and charge Lessee a fee to cover
the expense for such insurance.
Lessee(s) may obtain Required Insurance from an insurance agent or insurance company of Lessee's
choice. If Lessee furnishes evidence of such insurance and maintains the Insurance for the duration of
the Lease Agreement, then nothing more is required. If Lessee does not maintain Required Insurance,
the Insurance requirement of this Lease Agreement may be satisfied by Lessor, who may schedule the
Lessee's unit for coverage under the Landlord -Placed Master Policy liability Insurance("LPMP"). The
coverage provided under the LPMP will include Required Insurance coverage listed above. An amount
equal to the total cost to the Lessor of adding Lessee's unit to the LPMP policy shall be charged back to
Lessee by the Lessor, or the Lessor's authorized representative. Some important points of this coverage,
which Lessee should understand are:
1. Lessor is the Named Insured under the LPMP. Lessee is an Additional Insured under the tenant
liability component of the LPMP policy for liability arising from on -premises Bodily Injury and Property
Damage up to the Limits of Liability appearing above.
2. LPMP coverage Is not personal liability insurance or renter's Insurance. Lessor makes no
warranty or representation that LPMP covers the Lessee's personal property (contents) or
additional living expenses. Although coverage may be similar to a personal liability insurance
policy or the liability portion of a Renters Insurance Policy, the LPMP may not protect Lessee
as If Lessee had purchased personal liability or renter's insurance from an Insurance agent or
Insurance company of Lessee's choice. Certain restrictions apply.
3. Coverage only applies to liability arising on the residence premises. Lessee is not Insured away from
the residence premises.
4. Coverage under the LPMP policy may be more expensive than the cost of Required Insurance
available to the Lessee. At any time, Lessee may contact an agent of their choice for personal liability
or renters Insurance options to satisfy the Required Insurance under the Lease Agreement.
5. Licensed insurance agents may receive a commission on the LPMP policy.
6. The fee to cover the expense of this coverage shall be $20.00 per month.
Subject to the terms of the policy, LPMP will extend legal defense to Lessee in the event of actual or
alleged liability for bodily injury or property damage not otherwise excluded by the LPMP policy. LPMP is
designed to fulfill the insurance requirement of the Lease Agreement.
Scheduling under the LPMP policy is not mandatory and Lessee may purchase Required
Insurance from an Insurance agent or insurance company of Lessee's choice at any time and
coverage under the LPMP policy will be immediately terminated.
RESIDENTS: n
Signat
Signature
Signature
Signature
Signature
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
• We 0 are or O are not aware that the unit you are renting is located in a 100-year floodplain. If
neither box Is checked, you should assume the unit is in a 100-year floodplain. Even If the unit Is not
In a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency
Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by
address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance
policies do not cover damages or loss incurred In a flood. You should seek insurance coverage that
would cover losses caused by a flood.
• We O are or M are not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2), 'flooding" means "a general or temporary
condition of a partial or complete Inundation of a dwelling caused by. (A) the overflow of inland or
tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river, stream, or drainage ditch; or (C) excessive rainfall."
Signatures of All Residents
Texas Apartment Association
Signature of Owner or Ow r' Me
Date
Bed Bug Addendum
1'f}Xw\; s�l'nlYl`NIGN.f C iMA''rl0
1. Addendum. This Is an addendum between the Residents and
Owner as described In the Lease for the dwelling described below:
(name ofapartments)
or other dwelling located at
(street address of house, duplex, etc,)
(city)
(state) (zip).
2. Purpose. This addendum modifies the Lease Contract to address
any Infestation of bed bugs (Clmex lectularlus) that might be found
In the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed -bug Infestation In the dwelling.
BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-
TATIONS. OR
• YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES-
TATION.
Access for Inspection and Pest Treatment. You must allow us
and our pest -control agents access to the dwelling at reasonable
times to Inspect for or treat bed bugs. We can also Inspect and treat
adjacent or neighboring dwellings to the Infestation, even 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.
rforyoult'slm�ortgnftdlWniktpgetheito ;'
h1s`q'dde1)dUf "OU' tllYjes,youIllty
5. Notification. You must promptly notify us:
of any known or suspected bed -bug infestation or presence
In the dwelling, or In any of your clothing, furniture, or per-
sonal property;
of any recurring or unexplained bites, stings, Irritations, or
sores on the skin or body that you believe are caused by bed
bugs, or by any condition or pest you believe is in the dwell-
Ing; AND
If you discover any condition or evidence that might Indicate
the presence or Infestation of bed bugs, or If you receive any
confirmation of bed -bug presence by a licensed pest -control
professional or other authoritative source.
6. Cooperation. If we confirm the presence or infestation of bedbugs,
you must cooperate and coordinate with us and our pest -control
agents to treat and eliminate them. You must follow all directions
from us or our agents to clean and treat the dwelling and building
that are Infested. If you don't cooperate with us, you will be In de-
fault and we will have the right to terminate your right of occupancy
and exercise all rights and remedies under the Lease.
7. Responsibilities. You may be required to pay all reasonable costs
of cleaning and pest -control treatments Incurred by us to treat your
dwelling unit for bed bugs. If we confirm the presence or Infestation
of bed bugs after you move out, you may be responsible for the cost
of cleaning and pest control. If we have to move other residents in
order to treat adjoining or neighboring dwellings to your dwelling
unit, you may have to pay any lost rental Income and other expens-
es we Incur to relocate the neighboring residents and to clean and
perform pest -control treatments to eradicate Infestations in other
dwellings. If you don't pay us for any costs you are liable for, you
will be In default and we will have the right to terminate your right
of occupancy and exercise all rights and remedies under the Lease,
and we may take Immediate possession of the dwelling. If you don't
move out after your right of occupancy has been terminated, you
will be liable for holdover rent under the Lease.
8• Transfers. If we allowyou to transfer to anotherdwelling In the com-
munity because of the presence of bed bugs, you must have your
personal property and possessions treated according to accepted
treatment methods or procedures established by a licensed pest -
control professional. You must provide proof of such cleaning and
treatment to our satisfaction.
This Addendum Is part of your Lease.
You are legally bound by this document. Please read It carefully.
Resident or Residents (all sign below) Owner or Owner's gn below)
(Nameof e1dent) Date signed Date signed
II
signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
You are entitled to receive a copy of this Addendum after It Is fully signed. Keep it in a safe place.
TAA Official Statewide Form 23-JJ, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORM
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 YES
HEARING:
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.
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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
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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 I PROGRAM AMOUNT
GOAL
Housing Channel Affordable Housing (Housing Counseling & $111,000.00
Education
Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00
Tarrant County
Increasing Access to
Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00
Adults
AB Christian Learning Center Children and Youth Out of School Time $90,000.00
Services Program
IJ $80,000.00
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Boys & Girls Clubs of Greater Children and Youth IYouth Development at
Tarrant County, Inc.
Services
JEastside Branch
Camp Fire First Texas
Children and YouthServices
Teens In Action
$78,300.00
Girls Incorporated of Tarrant
Children and Youth
Girls Inc. of Tarrant
$100,000.00
County
Services
County
Junior Achievement of the
Children and Youth
Cradle to Career
$50,000.00
Chisholm Trail, Inc.
Services
Initiative
United Community Centers,
Children and Youth
Holistic Educational
$90,000.00
Inc.
Services
Literacy Program
Easter Seals North Texas, Inc.
Economic Empowerment
and Financial Resilience
Employment Services
$60,000.00
Taste Project
Economic Empowerment
Culinary Workforce
$25,000.00
and Financial Resilience
Development Program
The Ladder Alliance
Economic Empowerment
Tarrant County
Workforce
$81,731.00
and Financial Resilience
Development
The Women's Center of Tarrant Economic Empowerment
(Employment Solutions
$60,000.00
County, Inc.
and Financial Resilience
Your Harvest House, Inc.
Economic Empowerment
and Financial Resilience
Client Aid Services
$25,000.00
Healthy Living and
Increasing Health
Cancer Care Services
Wellness
Equity by Decreasing
$50,000.00
Health Disparities
Tarrant Area Food Bank
Healthy Living and
Wellness
Home Delivery
$25,000.00
1CDBG Public Services Agencies Total
11$1,051,031.001
Rehabilitation, Education and
Accessibility
Advocacy for Citizens with
Improvements
Project Ramp
$165,000.00
Handicaps dba REACH, Inc.
Fort Worth Area Habitat for
Housing Preservation
Humanity, Inc. DBA Trinity
and Rehabilitation
Cowtown Brush Up
$455,000.00
Habitat for Humanity
1CDBG Subrecipient Agencies Total
11 $620,000.001
TOTAL CDBG CONTRACTS
11$1,671,031.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL
AIDS Outreach Homelessness Prevention
Center, Inc. and Special Needs
Support
PROGRAM
The Housing Assistance
Program
- Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
AMOUNT
$326,781.00
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Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
(STRMU), Supportive
Services
HOPWA Program -
Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility -Based
Operations (FBO)
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN PROGAM
GOAL
The Presbyterian Night
Homelessness Prevention and
Shelter
Shelter of Tarrant County,
Special Needs Support
Operations/Services
Inc.
Lighthouse for the
Homelessness Prevention and
Day Shelter
Homeless dba True Worth
Special Needs Support
Operations/Services
Place
SafeHaven of Tarrant
Homelessness Prevention and
Shelter
County
Special Needs Support
Operations/Services
Center for Transforming
Homelessness Prevention and
Rapid Re -Housing
Lives
Special Needs Support
The Salvation Army
Homelessness Prevention and
Homelessness
Special Needs Support
Prevention
TOTAL ESG CONTRACTS
All figures have been rounded
to the nearest dollar for presentation
purposes.
$1,300,000.00
$1,626,781.001
AMOUNT
$127,345.00
$138,851.00
$75,000.00
$75,901.00
��$151,563.00�
II$568,660.001
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.
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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
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget I Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kacey Bess (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal)
2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal)
Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal)
IR 2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public)
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