HomeMy WebLinkAbout061905-R1A1 - General - Contract - Westdale Hills 2013, L.P.CSC No. 61905-R1A1
RENEWAL ONE AND AMENDMENT ONE
TO CITY OF FORT WORTH CONTRACT NO. 61905
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth ("City"), and WESTDALE HII,LS 2013, L.P. ("Landlord"), each individually
referred to as a"Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, on September 1, 2024, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 61905 (the
"Agreement");
WHEREAS, ("Tenant") is a participant in the City's
rental assistance program;
WHEREAS, the Parties wish to renew and amend the Agreement as described below,
including an amendment to: (1) restructure Section 3.2.1 and incorporate rental obligations for the
First Renewal Term; and (2) incorporate Section 4.2.3 HUD Program Year Funding to the
Agreement;
and
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year-term beginning
January 1, 2026 and expiring December 31, 2026 ("Second Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1. Section 3.2.1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
3.2 Rent and Amounts Payable by City
3.2.1 Rent.
Initial Term:
• The City has been notified that the Tenant's prorated rent from SEPTEMBER 1, 2024, to
SEPTEMBER 24, 2024, is $895.20 per month for the Unit. The prorated rent from
SEPTEMBER 25, 2024, to SEPTEMBER 30, 2024, is $233.40 per month for the Unit.
Beginning OCTOBER 1, 2024, to DECEMBER 31, 2025, Tenant's Total Rent will be
$1,167.00 per month for the Unit.
�FFICIAL RECORD
CSC No. 61905- Renewal One and Amendment One
CoFW and WESTDALE HILLS 2013, L.P.
CITY SECRETARY
Page 1 of 5
FT. WORTH, TX
• During the initial term, from SEPTEMBER 1, 2024, to SEPTEMBER 30, 2024, the Tenant
will be responsible for $0.00 of rent per month for the Unit. Beginning OCTOBER 1, 2024
to DECEMBER 31, 2025, the Tenant will be responsible for $242.00 per month for the
Unit.
• During the Initial Term, from SEPTEMBER 1, 2024, to SEPTEMBER 30, 2024, the City
will be responsible for $1,128.60 of prorated rent ($895.20 of prorated rent for
SEPTEMBER 1, 2024 to SEPTEMBER 23, 2024 and $233.40 of the prorated rent for
SEPTEMBER 24, 2024 to SEPTEMBER 30, 2024). Beginning OCTOBER 1, 2024 to
DECEMBER 31, 2025, City will be responsible for $925.00 per month for the Unit.
First Renewal Term:
• The City has been notified that the Tenant's Total Rent during the Second Renewal Term
is $1,169.00 per month for the Unit.
• Tenants shall be responsible for $232.00 of rent per month.
• City shall be responsible for $937.00 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.
2. 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 Pro�ram Year Fundin�. The City of Fort Worth agrees to commit
funding for rental assistance far 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
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.
III.
CSC No. 61905- Renewal One and Amendment One Page 2 of 5
CoFW and WESTDALE HILLS 2013, L.P.
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. 61905- Renewal One and Amendment One Page 3 of 5
CoFW and WESTDALE HILLS 2013, L.P.
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
January 1, 2026.
FOR CITY OF FORT WORTH:
�ana �r��qG��lo�'
�ana Rurahrinff (.lan 9`�0�6 14��3�41 CST)
Name: Dana Burghdoff
Title: Assistant City Manager
FOR LANDLORD:
dian� munoz
m... o
s;'r�a rr;:rt��- ----�--- --...._^. J'.T
Name: Diane Munoz
Title: Account Manager
O1/09/2026
Date:
12/31/2025
Date:
APPROVAL RECOMMENDED
���'�['��I � B' 1�1.
K`lfP\i Thnmac !�. �ti 11 •44•�1 �CTI
Name: Kacey Thomas
Title: Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
So�Gcr`e MatGcew,t
ATTEST:
�FORT�O
ApFoo lyaa
p'f' � 0900
f��Q �� ,.,,��) G�? .10
� ./c-C-C.J�%"c.�t Pa °�°+ d
(����� a°an nexasa4
Name: Sophie Mathews
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.
`��� � �i�Z�/
�
Name: Cyndee Garza
Title: Sr. Human Services Specialist
Name: Jannette Goodall
Title: City Secretary
Date: O1/09/2026
M&C No.: 25-0676
Attachment A
History of Rental Obligations by Lease Term
CSC No. 61905- Renewal One and Amendment One
CoFW and WESTDALE HILLS 2013, L.P.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 4 of 5
Lease Term
Initial Term
First Renewal
Total Rent
September 1, 2024,
to September 30, 2024
$1,128.60
September 1, 2024, to
September 24, 2024
$895.20
September 25, 2024, to
September 30, 2024
$233.40
October 1, 2024, to
December 31, 2025
$1,167.00
$1,169.00
Tenant's Portion
September 1, 2024,
to September 30, 2024
$0.00
October 1, 2024, to
December 31, 2025
$242.00
$232.00
City's Portion
September 1, 2024,
to September 30, 2024
$1,128.60
September 1, 2024, to
September 24, 2024
$895.20
September 25, 2024,
to September 30, 2024
$233.40
October 1, 2024, to
December 31, 2025
$925.00
$937.00
CSC No. 61905- Renewal One and Amendment One Page 5 of 5
CoFW and WESTDALE HILLS 2013, L.P.
� El1TTE.�;'E�:
�, � ,� This lease ls valid oniy il filled out before January i, 2026.
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•rr�.�y;�r,�ia•rn�r•.�;�r.3ssc�cl,�•rici� Apartment Lease Contract
This is a bi�ding contract. Read carefuliy before signing. Name; _ __ ___
This Lease Contract ("Lease") is betweenyou, the resident(s) as Iisted below and us.The terms "you" and "your" referto all residents.
The terms "we;' "us;' and "our" refer to the owner listed below.
PARTIES
Residents Sandra Varaas Alvarez
LEASE DETAILS
A. Apartment (Par. 2)
12/31/2026
[. Monthly Base Rent (Par.3j E. Security Deposit (Par.S) F. Notice ofTermination or Intent to Move Out (Par.4) _
-$ 1169.00 5 300.00 Aminimumof 30 days'writtennoticeof
terminatlon or intent to move out required at end of initial Lease
- term or dudng renewal period
Note that thls amount does not
- D.ProratedRent includeanyAnimalDeposit,whlth 1(tf�enumbero/daysisn'tfilledin,nodceo/atlenst30days
_ would be reAected in an An7ma1 !s requlred.
- S Addendum.
� duefortheremainderoftst
month or
❑ for 2nd month
G. Late Fees (Par.33)
Inftial Late Pee Dai�y Late Fee
� 10 %of one month's monthly base rent or O 96 of one month's monthly base rent for days or
❑ S ❑ 5 for _ days '
Due if rent unpaid by 17:59 p.m. on the 3rd (3rd or greater) day of the month
H.ReturnedCheckorRejected 1.EarlyTerminattonFeeOption(Par.7.2)
PaymentFee�Par.3.4) 5 1169.00
$ 40.00 Noticeof 30 daysisrequired.
You are not eligl6le /orea�Iy terminallon lf
I.RelettingCharge(Par.7.1) youoreindefault.
A relettin char e o($ 1003 . 85 Fee must be pald no later than 30
9 9 days afteryou give us notice
(nattoexceed8546ofthehlghest Ifanyvaluesornumbero(daysa�ebionkor°0,'
monthlyRentduringtheleaseterm) thenthissecNondoesnotapply.
may be charged in certafn default
situations
K. Vlolation Charges
Animal ViolaHon (Par.12.2)
Initial charge of 5 100 . 00 per animal (not
to exceed $100 per animai) and
Adallychargeof$ 10.00 peranimal
(not to exceed $10 per day per animal)
Insurance Vlolation (Master Lease Addendum
or other separate addendum)
$ 20.00
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outilned below and/or In separate addenda,
Special Provisfons oran amendment to this Lease.
Anlmal rent 5 Cable/satellite $ Internet S
Packageservice $ Pesttontrol 5 5.00 Stormwateddralnage $
Trash service $ WashedDryer $
Other: Trash Fee S 7.00
Other, $
Other. 5
Other: S
M. Uti lities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utllity bllling fees and other
items as outlined in separete addenda, Special Provlsions or an amendment to this lease.
Utility Connectlon Charge orTransfer Pee: 5 50 . 00 (not to exceed $50) to be pald wlthin 5 days of wrltten notice (Par.3.5)
N.Other Charges and Requfrements, You will pay separately for these items or comply with these requirements as outiined in a Master Lease
Addendum, separate addenda or Specfal Provislons. Initlal Access Device: 5
Additlonal or Replacement Access Devices: $ Required Insurance Llability Limit (per occurrence): $ 100000 . 00
Special Provisions. See Pac 32 or additional addenda attached.This Lease cannot be changed unless In writfng and signed by you and us.
Aparlment Lease Contract 02023, Te�as Apa�tment Assoclntlon, lnc. Page 1 ot 6
� . . �
1. Definitions.The foliowing te�ms are commonly used in this Lease:
1.1. "Resldents" are those Ilsted In "Residents" above who sign
this Lease and are authorized to Ilve in the apartment.
1,2. "Occupants" are those listed fn this Lease who are also autho-
rized to live in the apartment, but who do not slgn 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"InthisLeasemeans°includingbutnotlimitedto."
1.5. "Commun(ty Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with whlch you, your
occupants, and your guests must comply.
7.6. "Rent" fs monthly base rent plus additional monthly
recurring fixed tharges.
7.7. "Lease" Includes this document, any addenda and
attachments, Community Policles and Special Provisions.
2. Apartment. You are (easing the apartment listed above for use as a
private residence only.
2.1. Access.InaccordancewiththisLease,you'lirecelveaccess
information or devices for your apartment and mailbox, and
other access devlces Including:
2.2. Measurements.Anydimenslonsandsizesprovidedtoyou
rela[ing to the apartment are onlyapproximations or
estimates; actual dimensions and sizes may vary.
23. Representations. You agree that designations oraccredi-
tations associated with the property are subject to change.
Rent. You m ust pay your Ren t nn or before the lst day of each
month (due dote) without demand. There are no exceptions
regardingthepaymentofRent andyouagreenntpayingRenton
or before the ist of each mnn th is a materlal bieach of this Lease.
3.1
3.2.
33.
3.4.
3.5.
3.6.
Payments. You wfll pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is n ot acceptable without our prior written
permission. You cannot withho/d o� offse t Rent unless
authorized by law. We may, at our option, require at any
time thatyou 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
regardlessofourperformance. Whenwereceivemoney,
other than water and wastewater payments su6ject to
government regulation, we may apply it at ou r option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obllgations 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 Pe es. 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 theyare due
and as outlfned in this Lease. Television channels that are
provided may be changed during the Lease term if the
change applies to all residents.
Ifyour electricity is interrupted,you must use only battery-
operated Iight(ng (no flames). You must not allow any
utllities (other than cable or Internet) to be cut offor
switched for any reason—including disconnection for not
paying your bills—until the Lease term or renewal period
ends. If a utility Is indivldually metered, It must be connected
in your name and you musf noti(y the provider ofyour move-
out date. Ifyou delay getting service turned on in your name
by this Lease's start date or cause It to be transferred 6ack into
our name before you surrenderor abandon the apartment,
you'II be liable for the charge Ilsted above (not to exceed $50
per bllling perlod), plus the actual or estimated cost of the
utilities used while the uNlity should have been bllled 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,lncluding 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, orby a written addendum or
amendment slgned by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice coniained
in Box F on page 1 in writing from us to you. Your new Lease,
which may lnclude 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 orrenewal period.
Automatic Lease Renewal and Notice ofTermination.This Lease
will automatically renew month-to-month unless either party gives
written notice oftermination or intent to move out as requlred by Par.
25 and specified on page t. ifthe numberofdaysisn'tfilledin, no-
tfce of ot least 30 days is requlreA.
Security Deposit. The total security deposltfor all residents is due
on or before the date thls Lease Is slgned. Any animal deposlt wlll be
designated In an animal addendum. Security deposits may not be ap-
plied to Rentwithout our prior written consent.
5.1. RefundsandDeductions.Youmustaiveusvouradvance
notice of move out as orovided by Par. 25 and forwardinq
address in writinn to receive a written descriotlon and
itemizedlistofcharqesorrefund.lnaccordancewiththls
Lease and as allowed byJaw, we may deduct from your
security deposit any amounts due unAer this Lease. lf you
move out earl v orin resoonse to a notl[e to va[ate. vou'll be
liable(orrekev7nachar(+es.Uponrecelp[ofyourmove-aut
date and forwarding address in writing, the security deposit
wlll be returned (�ess lawful deductions) wfth an Itemfzed
accounting of any deductlons, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equaliy among all residents.
Insurance. Ourinsurance doesn't cover the /oss of or damage to
yourpersonal property. You will6e required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment oryour personal belong-
ings at the 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 flood.
Reletting and Early LeaseTermination. Thls Lease may not be ter-
minated early except as provided in this lease.
7.1. Reletting Charge. You'll be Ilable for a reletting charge as
Ilsted fn Lease Details, (not to exceed 85%of the hlghest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to glve written move-out notice as requlred fn Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are judicially evicted.The reletting
charge is not a termination, cancellation orbuyout fee and
does not release you from your oblig ations under this Lease,
including liability forfuture or past-due Rent, charges for
damages or other sums due.
The reletting charge Is a Ilquidated amount covering only
part of our da mages—for our time, effort, and expense In
finding and processing a replacement resident.These
damages are uncertaln and hard to ascertaln—particularly
those relating to Inconvenience, paperwork, advertlsing,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator-service fees.
You agree that the reletting charge Is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7,2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to In 73 or 8.1 below, if this
prov(sion applies under Lease Detaiis, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
the following occur: (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date bywhich you'll
move out; (b) you are not in default at any time and do not
hoid over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term.lfyou are in
default, the Lease remedles apply.
7.3. SpecialTerminationRights.Youmayhavetherightunder
Texas low to terminate this Lease early in certnin situations
involving military deployment or trans(er, famil y violence,
certain sexual offenses, stalking or death of a sole iesident.
8. Delay of Occupancy. We are not responsible for any delay oFyour
occupancy caused by consVuction, repairs, deaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you fiom moving into the apartment.
8.1. Termination. If we give writ[en notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate thls Lease within 3 days after you receive written notice.
If we give you written notice before the date thls Lease begins
and the notice states that a construction or otherdelay is
expected and that the apartment will be ready for you to
occupy on a spedfic date, you may terminate this Lease wi[hin
7 days after receiving written notice.
After proper terminatlon, you are entitled only to refund of
anydeposit(s) and any Rent you paid.
Apartmenl Lease Contract o2023, Texas Apartment AssoQaqon, �nc. Pa9e 2 of b
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 i nvitees, 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 Inadlon.
Unless damage orwastewaferstoppage is due to ourneglrgence,
we're not Iiable for—and you must payfor—repalrs and replace-
ments occurring during the Lease ferm or renewal period, lnclud-
ing: (AJ damage from wastewaterstoppages caused 6y improper
objects ln lines exclus7velyservingyourapartment; (B) damage to
doors, windows, orscreenr, and(C) damage (rom windowsordoors
left open.
. �
10, CommunityPollcles.CommunityPolicies6etomepartoffhis
Lease and must 6e followed. We may make changes, including addi-
tlons, to our written Community Pollcles, and those changes can be-
come effec[ive immediately if the Community Policfes are distributed
and applicable to all units in the apartme�t community and do not
change the dollar amounts owed under this Lease.
10.1
10.2.
10.3.
10.4.
10.5
PhotoNideo Release. You glve us permisslon to use any
photograph, likeness, image or vldeo taken ofyou while
you are using property common areas or participating In
any event sponsored by us.
Disclosure oi Information. At our sole optlon, we may,
butare not obllgated to, share and use fnformation related
to this Lease for law-enforcement, governmental, or business
purposes. At our request,you authorize any utility provider to
give us information about pendtng oractual connections or
disconnections of utility service to your apartment.
Guests. We mayexclude from the apartment community
any guests or others who, in our sole Judgment, have been
vlolating the law, violating this Lease or our Community
Policies, or d(sturbing other residents, neighbors, visitors,
or owner representatives. We may also excludefrom any
outslde area or common area anyone who refuses to show
photo fdentification or refusesto identifyhimselfor
herself as a resident, an authorized occupant, or a guest of
a specific resldent In the mmmunity.
Anyone not Ifsted in this Lease cannot stay in the
apartment for more than 2 days In one week
without our priorwritten consent, and no more than twice
that many days in any one month. if the previous space
fsn'tfilled fn, 2 days total perweek wlll be the Ilrnit.
Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violenceto
another person, or destruction of property, or (C) register as a
sex offender.lnforming us ofa criminal conviction or
sex-offender registratlon doesn't waive any rights we may
haveagainstyou.
Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday nolses or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamlly Ilving environment and
that It is Imprectical for us to prevent them from penetrating
your apartment.
11. Conduct.Youagreetocommunicateandconductyourselfinalaw-
ful, courteous and reasonable manner at all times when interacting
w(th us, our representatives and other residents or occupants. Any
acts of unlawfui, discourteous or unreasonable communicatlon 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 Ilttering the
common areas, Tresh must be disposed of at least weekly. You wlll
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patlos,
balconies, porches, and activities in common areas.
11.1. ProhibitedConduct.You,youroccupants,andyourguests
wlll not engage in certain prohibited conduct, (ncluding the
foliowing activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parepher-
nalia; engaging fn or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
ailowed by law, dlsplaying or possessing a gun, knife,
or other weapon In the common area, or In a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous man�er;
Apartment Lease Contract m2023, Tezas Apartment Assodatlon, lnc.
(c) disturbing orthreatening the rights, comfort, health, safety,
or convenlence of others, Including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything In closets containing water heaters or
gas appliances;
(� tamperingwithut111tlesortelecommunlca[ion
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas-operated appliances;
(j) making bad-faith orfalse allegations against us or our
agents to otliers;
(k) smoking of any kind, that is not in accordance with this
lease;
(I) 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.Nolivingcreaturesofanykindareallowed,eventempo-
raril y, anywhere in the apartment or apartment community un-
less we've given written permission. If we a Ilow an animal, you must
slgn a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and addltional
monthly rent, as applicable. An animal deposit Is conside�ed 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,
ferai 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 wlthin 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turnthe animal over to a humane society, local authority
or rescue organizatlon; 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 atl 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 payfor
the anfmal's reasonable care and kenneling charges.
12.2. ViolatiansofAnimalPaliciesandCharges.lfyouor
any guest or occupant violates the animal restrictions of
this Lease orour Community Policies, you'll be subJect to
charges, damages, eviction, and other remedles
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment untll 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 guarenteed parking. We may regulate the
tlme, manner, and place of parking of all motorized vehicles and
other modes of transportation, inciuding bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehide owner or operator, anyvehicle that is not in compliance
with this Lease.
14. WhenWeMayEnter.lfyouoranyotherresident,guestoroccupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, apprafsers, prospective resi-
dents or buyers, fnsurance 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 ifwritten notice of
the entry is left in a conspicuous piace 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.
Page3oF6
15. Requests, Repairs and Ma�functions.
15.1.
15.2.
W ritten Requests Requl red. ff you or any occupant needs
to send a request—for example, for re palrs, fnstolla tions,
services, ownershlp disclosure, orsecurity-relatedmatters—
it mus t 6e wr![ten and delivered to our d esignat ed
representativeln atcordance withthislease(exceptfor
fair-housing accommodation or modification requests or
sltuationsinvolvingimminentdangerorthreatsto health or
safety, such as fire, smoke, gas, exp�oslon, or crime in
progress).Ourwritten notes regarding your orel request do
nof constitute a written request fiom you. Our complying
with or responding to any oral request doesn't waive the strfct
requirement for written notices underthis Lease. A request
for main[enance or repair by anyone resid(ng In your
apartment constitutes a requestfrom all residents. The time,
manner, methodandmeans ofper(orming maintenance
nndrepairs, including whetheror which vendors to use,
are within oursole dfscretion.
Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heatfng problems, water leaks or
moisture, mold, e�ectrical 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 l.ease. Air
conditioning problems are normaily not emergencies.
15.3. Utilities. We may change or instafl utility lines or
equipment serving the apartment if the work Is done
reasonably without substantially increasing your
utiiity costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avold
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative Immedlately.
15.4. Your Remedies. We'll act with customary dlllgence to
make repairs and reconnectlons within a reasonable
time, taking into consideration when casualry-insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equlpment repair, your Rent
will not abate In whole or In part. "Reasonable time"
accounts for the severity a nd nature of the problem and
the reasonable availability of materials, labor, and
utilitfes. If we fail to timelyrepaira condition that
materiallyaffects the physicalhealth orsa(etyo/an
o�dlnary resident as requlred by the Texas Property Code,
you may be en titled to exercise remedles under 4 92.056
and § 92.0567 of the 7exas Property Code. lf you tollow
the procedures under those sectlons, the following
remedfes, among others, may be available to you:
(ij te�mina t7on of this Lease an d an appropriate re(und
under 92.056(/); (2) have the condit)on repaired or
remedied according to § 92.0561; (3) d educt trom the Rent
the cost of the repair or rem edy according to 5 92.0567;
and 4) judictal remedies according to § 92.0563.
16, OurRighttoTerminateforApartmentCommunityDamageor
Closure. If, in our solejudgment, damages to the unit or building are
signlficant or performance of needed repairs poses a dangerto you,
we may terminate this Lease and your rightto posseszion 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-
tiohs. We may remove and dispose of your personal property if, in
our solejudgment, itcauses a health or safety hazard or impedes our
ability to make �epairs.
16.1. Property Glosure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days' written notice of terminatlon if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part ofthe property becomes subjectto
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
l et your apar[ment. You ag ree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part ofyour apartment on
any lodging or short-term rental website orwith any person or ser-
vice that advertises dwellings for rent.
18. Se[urityand Safety Devices. We'll oavformissina 5ecuritvde-
vices that are reauired bv law. You'll oav for: (A1 rekevina that
vou reauest (unless we failed to rekev after the orevious resf-
dent maved outl; and IB) reoairs or reQJacements because of
misuse or damaae 6v vou o� vourfamily, vour occuoants, orvour
guests, You m ust pay immediately after the work is done unless state
law authorizes advance payment. You must a�so pay in advance for
any additional or changed security devices you request.
Texas Propert yCode secs. 92.151, 92.153, and 92.154 require, wtth
some exceptions, that we provide atno costto you when occupancy
begins: fA) a w)ndow latd� on each window,• IB) a doorvtewer (peep-
hole or window) on each exterior door, (C) a pin lnck on each sliding
door; (D) either a door-handle latch or o security 6ar on each siiding
door; (E) a keyless bolting device (dead6olU on each exteriordoor,•
and (F) eiN�er a keyed doorkno6lockora keyed deadbolt lock on
one en try doar. Keyed locks will be rekeyed aker th e prior resident
moves out. The rekeying wlll be done either be(ore you move in or
within 7 days after you move 1n, as requfred by law. if we foil to in-
stall or rekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
m ent underTexas Property Code sec. 92.165(11. We may deactivnte
or notinstall keyless bolting devices on yourdoors if (A) you oran
occupan t in the dwelling !s over55 or dlsabled, and (8) tMe require-
ments of Texas Propert y Code sec. 92.153(e) or (fJ are satisfied.
76.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices requlred by law
or city ordinance. We may Install additionai detectors
not so required. We'll test them and provide working
batte ries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impalrment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. ifyou damage or disabte the
smoke alarm or remove a 6attery without replacing It
wifh a working 6attery, you may be liable to us under
7exas PropertyCode sec. 92.2611 for5700 plus one
month sRent, attuat damages, andattorney's fees.
15.2. Dutyto Report. You must immedlately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable ifyou fail to
report malfunctions, or fail to report any loss, damage,or
fines resulting from fire, smoke, or water.
19. ResidentSafetyandLoss.Unlessotherwiserequired6ylaw,none
of us, our employees, agents, or management companies are liable
to yoW yourguests or occupants for any damage, personal injury,
loss to personal property, orloss of 6usiness or personal income,
from any cause, including butnot limited to: negligentor intention-
al acts ofres)dents, occupants, or guests theft, burglary, assault
vandalism orothercrlmes; fire, liood, waterleaks, raln, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks orother occurrences unless such damage, injury or loss is
caused exclusively by ournegligence.
We do not warrant securit y of any kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will ca11911 and locai law enforcement authorities ifany
security needs arise.
You acknowledge thatwe are not equlpped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize thatwe are not required to provide any private security ser-
vices and that no securi[y devices or measures on the property are
fail-safe.You further acknowledge that, even if an alarm or gate ame-
nities are provided,they are mechanical devices that can malfunc-
tlon. Any charges resulting from the use of an fntrusion alarm wlll be
charged to you, includ ing, but not limited to, any false alarms with
police/firefambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1.
20.2.
As-Is. We disclaim all implled warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materlally affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move-in. You agree that
after completion of the form or within 48 hours after
move-in, whichever comes first, you must note on the
form a�l defects or damage, sign the form, return it to
us, and the form accurately reflects the conditlon of the
premises for purposes of determfning any refund due to
you when you move out. Othenvise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
Standards and Improvements. Unless authorized by
law or by us in writing, you must not pe�form any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alterour property. No holes or stickers are
aliowed inside or outslde the apartment. Unless this Lease
states otherwise, we'll permita reasonable number of small
nail holes for hanging pictures on sheettock walls and in
grooves of wood-paneled walls. No water furniture, washing
machlnes, dryers, extre phone or televlslon outlets, alarm
systems, cameras, two-way talk dev(ce, video or other door-
Apartment lease Contract o7073, Te%as Apartment Assodation, Inc Page 4 0( 6
beils, 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 devlces, appliances, furniture, telephone
and television wiring, screens, locks, or se<urity devlces. When
you move In, we'I� suppiy Iight bulbs for fixtures we furnish, In-
cludfng exterior fixtures operated from Inside the apartment;
after that, you'll replace them at your expense
with bulbs ofthe same type and wattage. Your improvements
to the apartment (made with orwithout our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to 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 aIl
residents. Notices and reques[s from any resident constltute notice
from all residents. Only residents can give notice of Lease termination
and fntent to move out under Par. 73. All notices and documents will
be in Engiish and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronicaily by
us to you if allowed by law. If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
thls Lease. Notice may also be given by phone cal I or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and thatyou will notify us in the eventyour
email address changes.
� �• �
22. Liability. Each resident is)ointly and severally liable for all Lease
obligations. If you or any guest or occupant violates th(s Lease or our
Community Policfes, all residents are considered to have violated thls
Lease.
22.1. Indemnification by You. You'lldefend, indemnifyand hold us
and our employees, agents, an d management company
harmless from ailliability arising from your conduct or
requests to ourrepresentatives and trom fhe conduct of or
requests byyourinvitees, occupants or guests.
23. DefaultbyResident,
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
occupantvfolates 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, detalned, convicted, or given deferred
ad)udication or pretrlal diverslon for (1) an offense
involving actual or potential physical harm to a person, or
Involving the manufacture ordelivery 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,includinghaldingover,wemay
end yourrlght of occupancy by giving you at /east a 24-
hour written notice to vacate. Term ination of your possession
rlghts doesn't release you from Ilabil(ty for future Rent or
other Lease obllgations. Aftergiving notice to vacate or
filing an eviction suit, we may still accept Rent or other
sums due; the filing or acceptance doesn't waive or
dlminlsh our rlght of eviction or any other con tractual or
statutoryright. Accepting money at any time doesn't walve
our rlght 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 peiiod and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, aIl
mohthly Re�t for the rezt oFthe Lease term or renewal
perlod will be accelereted automatically without notice
or demand (before or after acceleration) and wlll be
immediately due If, without our written consent: (A) you
move out, remove property fn preparing to move out,
or you or any oaupant gfves oral or wrltten notice of
Intent to move out before the Lease term or renewal
period ends; and (Bj you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you'rejudicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before thls Lease
begins, all future Rent for the Lease term wil� be automatically
accelerated without notice and become immediately due. We
alzo may end your right of occupancy and recover damages,
future Re�t, attorne�s fees, court msts, and other lawFul charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment 6y or before the date contained in: (1) your
move-out notice (2) our notfce to vacate, {3) our notice of
non-renewal, or (4) a written agreement specify(ng a different
move-out date. IFa 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 agendes as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may mntact you by
any legal means. If you default,you wlll pay us, in additlon
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 provfded 6yTexas Finance Code Sectlon
304.003(c) from the due date. You must pay all collection-
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collectfon-agency fees wlll be added ifyou don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expe�se for any
ev(ction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees adually paid.
24. Representatives'AuthorityandWaivers.0uriepresentatives/1n-
dading management personnel, employees, and agents) have no
authority to waive, amend, orterminate this Lease orany partofit
unless in writing and signed, and no authority to make promises, rep-
resentations, or agreements that 7mpose security duties or other ob-
ligations on us or our represenfatives, unless in writing ond signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, notenforce ordelayenforcement of written-no-
tice requirements, rentaldue dates, acceleration, liens, oranyother
rights isn't a wa7ver under ony clrcumstances. 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 ifyou
default. Nothing in this Lease constitutes a waiver of our remediez 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 owners lender chooses otherwise.
All remedies are cumulative. Exercising one remedywon't constitute
an election or waiver of other remedies. AII provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment compan(es. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
�► �
25. Move-Out Notice. Beforemoving out, youmustgive ourrepresen-
tative advance written move-out notice as stated ln Par. 4, even if
thisLease has become amonth-to•monfh Jease. The move-out date
can't be changed unless we and you both agree In writing.
Yourmove-outnatice must comply with each of the follotving:
(a) Unless we require more than 30 days' notice, ifyou give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move-out notice must not terminate this Lease
beFore the end of the Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move-out notice. Ifwe fail 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
noHce.
26. Move-Out Procedures.
26.1. Cleaning.Youmustthoroughlycleantheapartment,lncluding
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconfes, garages, carpor[s, and storage rooms. You
must follow move-out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be Ilable for
�easonable cleaning charges—including charges for cieaning
carpets, draperies, furnitute, walls, eic. that are zolled beyond
Apartment Lease Contract o2023, Tevas Apartment AssoclaUon, Inc Page 5 of 6
normal wear (that is, wear or soiling that occurs without
negllgence,carelessness,accident,orabuse).
26.2. Move-Out Inspectlon. We may, but are not obligated to,
provide a Jolnt move-out Inspectlon. Our representatives
have no authorlty to bind or Ilmit us regarding deductlons for
repairs, dama9es, or charges. Any statements or estlmates by
usorourrepresentativearesubjecttoourcorrection,modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apa rtment
when: (A) the move-out date has passed and no one Is Ifving In the
apartment In our reasonableJudgment; or (B) apartment keys and ac-
cess devices Ilsted In Par. 2.1 have been turned in to us—whichever
happens first.
You have abandoned the apartmertt when all of the followin9 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 electr(c service for the apartmeM
not connected in our name has been terminated or transferred; and
(C) you've not responded for � 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 consfdered abandoned 10 days aker the
death of a soie resident.
YOD UNDERSTANDTHAT. WITHOUTTNIS WAIVER.YOU
COULD BE A PARTY IN A GLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE YOU ACCEPT 7HIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
TNE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THETERMINATION OR EXPIRATION OF THIS LEASE.
Force MaJeure, lf we are prevented from completing substan-
tiai performance of any obllgation under this Lease by
occurre�ces that are beyond our control, Induding but
not Ilmited to, an act of God, strikes, epidemics, war, acts of
terrorism, rfots, flood, fire, hurrlcane, tornado, sabotage or
qovernmental regulation, then we shall be excused from any
(urther performance of obligations to the fullest extent
allowed by law.
3Z. Special Provisions.The following, or attached Special Provislons and
any addenda or Community Policies provided toyou, are part ofthls
lease and supersede any conFlicting provisions In this Lease.
No cash or partial payments are
accepted. No checks after the 3rd.
27.1. The Ending ofYour Rights. Surrender, abandonment, or
Judlclal evictlon ends your right of possession for all purposes
and glves us the immediate rlght to ciean up, make repairs in,
and relet the apartment determine any security-deposit
deductions; and remove or store property left In the apartment.
27.2. RemovalandStorageofProperty.We,orlawofficers,may—
but have no duty to—�emove or store all property that in our
solejudgment belongs toyou and remalns in the apartment
or In common areas (inciuding anyvehicles you or any
occupant or guest owns or uses) after you're judlcially evicted
or if you surrender or abandon the apartment.
We're not llable for casuaity, loss, damage, or theft You
must pay reasonable charges forour packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitabie
organization all personai property that is:
(t) Ieftintheapartmentaftersurrenderorabandonmentor
(2) left outside more than 1 hour after writ of possession is
executed, (ollowing Judlcial evictlon.
An animal removed after s�rrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organfzation.
GENERl1L PROVISIONS AND SIGNATURES
28. TAA Membership. We, the management company representing us,
or any locator service thatyou used confirms membershlp in good
standing oi both the Texas Apartment Association and the affiliated
Iocal apartment assodatlon for the area where the apartment is
located at the time of signing this Lease. if not, the follow(ng applfes:
(A) th(s lease is voldable at your optlon 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 assoclatfon has lapsed; and (2) neither the owner nor the man-
agement company is a member of TAA and the local assoclation during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was slgned will be conclusive evidence of nonmembership.
Governmenta) entities may use TAA forms If TAA agrees in writing.
Name, address and telephone number of locator service (if applicabie):
29. Severabflity and Survivabtlity. If any provision of this Lease is inval-
id or unenforceable under applfcabie law, it won't fnvalidate the re-
malnder of thls Lease or change the Intent of the parties. Paregrapht
10.1,10.2,16, 22.7, 27, 30 and 31 shall survive the termi�ation of
this Lease. This Lease binds subsequent owners.
30. Controllf ng Law. Texas law governs this Lease. All Iitigation arising
under this Lease and all Lease obligations must be brought In the
counry, and prednct if appllcable, where the apartment Is located.
31. Waivers. Dy slgning this Lease,you agree to the following:
31.1. Class Actlon Waiver. You agree that you wlll not participate
in any class action claims against us or our employees, agents,
or ma nagement company. You must file any claim against us
indivldually, and you express/y wa7ve your right to bring,
represent, (oin or otherwtse malntaln a class octlon,
tollectfve actlon orslmilar proceed7ng agalnst us ln
any /orum.
Before submftting 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 sfgned. 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
oralrepresentatlons.
Resident orResidents (all slgn betow)
(NartSe of Resident)
� Date signed
Date signed
Date sfgned
(Name of Resident) Date signed
(Name of Reside�t) Date signed
OwnerorOwner'sRepresen ti nbehalfofowner)
, i ? � -25
Rpartmm[ Lease Conlract, TM Officlal Statewlde Form ]3-A/B-1 /Ba peWsed October 1023 Page 6 of 6
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�rt:X.�s ni�,�irransn�r:vssuci:�'r�o�
Security Guidelines for Residents
Addendum
7. 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 we�l-lit.
you have agreed to rent. That dwelling is:
• Keepyourkeyshandyatalitimeswhenwalkingtoyour
(name of apartments)
or other dweiling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Security Guldelines. We disclalm any express orimplled
warranties of securJty. We care about your safety and
that of other occupants and guests. No securlty system
Js fallsafe Even the besf 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 per(orm as a matter af common sense and ha6it.
Inform all other occupants in your dweiling, including any
children you may have, about these guideUnes. We recom-
mend that all residents and occupants use common sense
and follow crime prevention tips, such as those Iisted 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
(
Date signed
Date signed
Date slgned
Do not go inside If you arrive home and find your door
open. Call the police from another location a nd ask them
to meet you before entering.
Make sure locks, latches and sliding glass doors are
properly secured at all times.
• Use the keyless deadboit in your unit when you are at
home.
Don't putyour nameoraddressonyour key ring orhide
extra keys in obvious places, like under a flower pot. If
you lose a key or have concerns about key safety, we will
rekey your locks at yourexpense, in accordance with the
Lease.
• Checkthedoorviewerbeforeansweringthedoor.Don't
open the door ff you don't know the person or have any
doubts. Children who are old enough to take care of
themselves should neverlet anyone insidewhen home
witho�t an adult.
Regulariycheckyoursecuritydev)ces,smoke alarmsand
other detectfon devices to make sure they are working
properly. Alarm and detection devlce batteries should
be tested monthly and repiaced 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
anyothermalfunctioning safetydevicesonthe property,
such as broken access gates, burned out exterior Ilghts,
etc.
Owner or Own r` tat ve (slgn below)
/(-/3-2�
`� Date signed
{Name of Resident) Date signed
You are enUiled to receive a copy of fhis Addendum after it is fuily signed. Keep it !n a safe place.
TAA Officlal Statewlde Form 15-M, Revised October, 2015 Q
Copyright2015,TexasApartme�tAssodatlon,lnc. c:.:c+
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Asbestos Addendum
Addendum. This (s an addendum to the Lease Contract
executed by you, the resident(s), on the dwelling you have
agreed to rent. That dwelling is:
(name ofapartments)
or other dwelling located a+
(street address ofhouse, duplex, etc.)
City/State where dwelling is located
2. Asbestos. In most dwellings which were built prior to 1981,
asbestos was commonly used as a construction material. In
various parts of your dwelling, asbestos materials may have
been used in the orfginal constructlon or in renovations prior
totheenactmentoffederal lawswhich limitasbestosin certain
constructlon materfals.
Resident or Residents (all sign below)
(Name of Resident)
(N �ne of R side t)
(Name of Reside
(Name of Resident)
(Name of Resident)
(Name of Resident)
Federal Recommendations.The United States Environmental
Protectlon 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 ordfsturbed in a mannerthatcausestheasbestos
fibers to be released. Disturbances inc�ude 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 oortiles, or insulation behind the walls or
cellings in your dwe�ling unless specifi cally allowed in ow�er's
rules or communiry pollcies that a re separately attached to thi s
Lease Contract.The foregoing prevails over other provislons
ofthe LeaseContractto thecontrary. Piease reportanycefling
leaks to management promptly so that pieces of acoustical
ceiling material or ceiling tlles do not fall to the fl oor and get
disturbed by people walking on the fallen material.
Owner or Owne ve (sign below)
Your are entltled to receive a copy of this Addendum aker It is fully slgned. Keep it in a safe place.
TAA Officlal Statewide Form t 5-Y, Revised January, 207 5. ^
Copyright 2015,Texas ApartmentAssociation, inc. ��
WATER AND WASTEWATFR ALT_OCATION AND SUBMETERTNG ADDENDUM
�. Addendum. This is an addendum to the TAA Lease Contract tor Apt. No. at (street address)
in , Texas. �R the house, duplex, etc. located at (street address)
�� , Texas. The terms of this addendum wilf controi if the terms of
the Lease and this addendum conflfct.
z. Mutual conservation efforts. We agree to use our best efforts to repair any water leaks inside or oulside 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.
s. 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 mail or deliver payment to the place indicated on your bill so that
payment is received no later than the due date. You will pay a late charge of 5% of your water and wastewater bill if we
do not receive your payment on time.
a. Previous average. As required under PUC rules, you are nolified that the average monthiy bill for all dweiling units in
the previous calendar year was $ 99. 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 uti�ity company water rates, weather variations, total
water consumption, residents' water consumption habits, etc.
s. Right to examine records. During regular weekday office hours, you may examine: (1) our waterlwastewater bills
from the utility company; (2) our calculations of your monthly allocations; and (3) any other intormation availabie to you
under PUC rules. Please give us reasonabie advance notice to gather the data. Any disputes relating to the
computation of your bill wiil be beiween you and us.
One of the following applies:
O Submeter billing procedures
A. Your monthly water and wastewater bill will be submetered. Piease see the appiicable rules of the PUC
(attached).
B. As permitted by state law, a service fee of %(noi to exceed 9%) will be added to your monthly
water-service charges.
C. No other administrative or other fees wiil be added to your bili unless expressly ailowed by law or PUC rules. No
other amounts will be inciuded in the bili except your unpaid balances and any late fees (if incurred by you). If
we fail to pay our mastermeter bill to the utility company on time and incur penalties or interest, no poriion of
these amounts will be included in your biil.
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 Aliocation billing procedures
A. Your monthiy water a�d wastewater blll will be allocated. Please see the appiicabie rules of the PUC (attached).
B. Common area deduction. Before ca�culating your portion of the biii, 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 waterlwastewater bill(s) to be allocated
unless expressly allowed by PUC rules. No other amounts wili be included in the bill except your unpaid
balances and any late fees you incur. if we fail to pay our mastermeter bill to the utility company on iime and
incur penalties or interest, no portion of such amounts witi be included in your bili.
C. The allocation method that we will use in calculating your bill is noted below and described in the following
subdivision of Section 24.281 of the PUC rules (check only one):
O subdivision (i) actual occupancy;
❑ subdivision (ii) ralio occupancy (PUC average for number of occupants in unit);
0 subdivision (iii) average occupancy (PUC average for number of bedrooms in unit);
� subdivision (ivj combination of actuai occupancy and square feet of the apartment; or
O subdivision (v) submetered hot/cold water, ratio to totai.
D. The normal date on which the utility company sends its monthiy bill to us for the wateriwastewater mastermeter
is about the day of the monih. Within 10 days thereafter, we wil� try to allocate that mastermeter
bill among our residents by allocated billings.
5pecial pxovisions:
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REDBOOK ONLiNE I Texas Apariment 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. Generai Rules and Definitions
(a) Purpose and scope. The provislons of this subchapter are intended to
establlsh a comprehensive regulalory sysiem lo assure lhat the praclices
Involving su6melered and allocated billing of dwelling units and multlple use
facilities tor waler and sewer ulility service are just and reasonabte and
include appropriate safeguards for tenants.
(b) Application. The provislons ot this subchapter apply to aparlmen[ houses,
condominiums, multiple use facllilles, and manufactured home renlai
communilies billing for water and wastewater uGlity servlce on e submelered
or allceated basis. The provisions of lhis suhchapter do not Iimil lhe authority
of an owner, operetor, or manager of an apartmen[ house, manufacWred
home renlal communiry, or mulliple use facilily to charge, bill for, or collect
rent, an assessment, an adminislrative fee, a fee relaqng lo upkeep or
managemen! of chilled water, bollar, heat)ng, veNilalion, alr condilioning, or
other bullding syslem, or any other amount that fs unrelated to water and
sewer uNlity service cosis.
(c) DeMillons. The (ollowing words and terms, when used In lhis su6chapter,
have the defined meanings, unless the wntext clearly Indicates olhervrise.
(1) Allocaled ulllity service—Water or wastewater �lllity service ihat Is
masler melered lo an owner by a retail public utllity and allocated to tenants
by the owner.
(2) ApaAment house—A 6uilding or buildin9s containing five or more
dwelling unils Ihat are occupled primarlly for nonlransient use, including a
residenlial condominium whether rented or o�vner occupled, and if a
dwe�ling unit is renled, having rent pald a[ intervals of one month or more.
(3) Condominlum manager—A condominlum unil owners' assoGation
organized under Texas Property Code §82.107, ar an Inwrporaled or
unincorporated enGty comprising the council of owners under Chaptar Bt,
PropeAy Code. Condominium Manager and Manager of a Condominium
have Ihe same meaning.
(4) Cusromer service charge—A customer service charge is a rete tha� is
not dependent on Ihe amount of water used Ihrough the master meter.
(5) Dwelling unit—Ona or more rooms In an apariment house or
condominlum, suilable for occupancy as a resldence, and containing
kllchen and balhroom tacilities; a unit in a multiple use facility; or a
manufactured home in a manufactured home rental community.
(6) Owelling unit base charge--A 9al rate or fee charged by a retali public
utility for each dwelling unit recorded by Ihe retail public utilily.
(7) Manufaclured home rental community—A property on which spaces are
renled for Ihe occupancy of manufaciured homes for nonlransient
resldentlal use and (or whlch renlal Is pald at interva�s of one month or
longer.
(8) Master meter—A meter used to measure, for bllling purposes, all water
usage ot an aparlment house, condominlum, mulllpie use faclllty, or
manufactured home rental community, Including common areas, common
tacilities, and dwelling unils.
(9j Mulllple use facllity--A commerciai or induslrial park, office complex, or
madna wilh five or more units ihal are occupled pdmarily tor nonlranslent
use and are renled at intervals ol o�e month or longer.
(10) Occupant—A tenant or olher person authorized under a wrilten
agreemenl lo occupy a dwelling.
(11) Overcharge—The amount, if any, a tenant is charged for submetered
or nonsubmelered masler metered utillty servlce lo the tenanl's dwelling
unit aRer a violalion occuned relating to lhe assessmenl of a portion of
utility costs in excess of Ihe amount tha tenant would have been charged
under thls subchapter. Overcharge and Overbllling have the same
meaning,
(12) Owner—The legal tillehoider of an apartment house, a manufaclured
home rental community, or a multiple use iacllity; and any Individual, firm,
or corporalion expressly identlfied in the lease agreement as the landlord
of tenants in the epartment house, manutactured home renlal community,
or multiple use faci�ity. The lerm does not include the manager of an
apartment home unless the manager is expressly Identified as the landlord
in Ihe lease agreement.
(13) Polnt•oFuse submeter—A device located in a plumhing system to
measure fhe amount oi �valer used al a specific point of use, fizture, or
appliance, Including a sink, totle�, balhlub, or clothes washer.
(14) Submelered utillty service—Water ulillry service Ihat is master melered
for the ownar by the retall publlc utlllty and Individueity metered by the
o�vner at each dwelling unit; wastewatei u111ity service based on
submetered water ut(Ilty service; water utlllty service measured by polnlv(-
usa submelers when all of lhe water used in a dwelling unit is measured
and to(aled; or wastewater utility service based on lotal waler use as
measured by poinl-of-use submeters.
(15) Tenanl--A person who owns or is entilled to occupy a dwelling unit or
multiple use facility unit to the exclusion oF olhers and, if rent Is pa�d, who
Is obligaled �o pay for the occupancy under a wrilten or oral renlai
agreement.
(16) Undercharge—The amount, i( any, a tenant Is charged for submetered
or nonsu6melered masler metered utility service to Ihe tenants dwelling
unil Iess Ihan the amount the tenanl would have been charged under this
subchapler. Underchatge and Underbilling have ihe same meaning.
(17j Util(ty costs—Any amount charged to the owner by a refaii public ulility
forwaler orwastewater service. Utility Costs and Utllity ServiCe Cosls have
the same meaning.
(18) Utility service—For purposes of Ihis subchapter, utility service includes
only drinking water and v+astewater.
§ 24.277.Owner Reglstratlon and Records
(a) Regist211on. An owner who inlends to hlll tenants for submetered or
allocated ulility service or who changes the method used to bill tenants for
utllity service shall regislerwllh the commission in a form prescribed by the
commisslon.
(b) Water quanlity measuremenl. Excepl as provlded by subsections (c) and
(d) of lhis seclion, a manager of a condominlum or the owner of an apartmenl
house, manufactured home rental communiry, or mulliple use facility, on
which consWclion began afler January 1, 2003, shall provide (or the
measurement ot the quantity of water, if any, consumed by the occupanls of
each unit Ihrough the Installallon oT:
(1) submelers, owned by the properly owner or manager, for each dwelling
unit or rental uni(; or
(2j individuel meters, ow�ed by the retail public ulility, for each dwelling
unil or renlal unil.
(c) Plumbing syslem requirement. An owner of an apaAmenl house on whtch
constructlon began a(ler January 1, 2003, and Ihat provides governmenl
assisled or subsidlzed renlal housing to low orvery low Income residents shall
install a plumAing system in lhe aparlment house thal Is compati6le with the
inslallation of submeters for lhe measuremenl of ihe quantity of water, if any,
consumed by lhe occupants of each unil.
(d) Instal�ation of individual meters. On the request by the property owner or
manager, a relail public utillty shall Install individual meters owned by Ihe
ulility In an apartmenl house, manufaclured home rental commUnlry, mulliple
use faclliry, or condominium on which conslruction 6egan after January i,
2003, unless the relail Dublic utlllty delertnines ihat installalion of inelers Is
not teasl6le. I( lha relall public utility determines that Inslallation o1 melers is
nol teasible, the property owner or manager shall Install a plumbing system
that is compallble wilh the installation of submeters or individual meters. A
relall publlc ulility may charge reasonable cosis to Install Individual meters.
(e) Records. The owner shall make lhe following records avallable tor
inspeclion by lhe lenant or the commission or commiss(on staH al Ihe on-site
managers office during nortnal business hours In accordance wllh subseclion
(gj of lhfs sectlon. The owner may require lhat the request by Ihe lenant be
in writing and include:
(1) a current and complete copy of IWC, Chapter 13, Subchapter M;
(2) a current and complele copy of ihis subchapter;
(3) a current copy of the relaii public utilitys rate siruclure appllcable to the
ow�ers bill;
(4) Informalion or tips on how tenants can reduce �vater usage;
(5) the bills from the retail public utility to Ihe owner;
(6) for elloca[ed 6illing:
(A) the fortnula, occupancy factors, if any, and perce�tages used to
calculale tenant 6ills;
(B) lhe lolal number of occupanls or equivalent occupanls if an
equlvalency factor Is used under §24.281(e)(2) of this litle (relating to
Chatges and Calculallons); and
(C) the square tootage of 1he (enanPs dwellin9 unit or renlal space and
Ihe lotal square foolage o! the aparimenl house, manufaclured home
rental wmmunity, or muillple use facllity used for bll�ing II dwelling unll
size or rental space is used;
(7) for submetered bllling:
(A) Ihe calculallon of the average cosl per gallon, liter, or cubic (oot;
(B) if the unit of ineasure ot lhe submeters or pointof-use su6meters
dlHers from the unft of ineasure of Ihe master meter, a chad for
converiing the tenenPs submeter measurement to that used by Iha retall
public utllity;
(C) a�l suhmeler readings; and
(D) all submeler test resulls;
(8) the lotal amounl bil�ed to ail tenanls each monlh;
(9) total revenues collecled (rom the tenanls each month to pay for waler
and waslewaler service; and
(� 0) any other in(ormation necessary for a tenanl lo calculale and veriy a
water and wastewater bill.
(Q Records retentlon. Each of lhe records required under su6section (e) oF
Ihis sectlon shall be mainlained for lhe curtent year and ihe previous calendar
year, excepl that all submeter test resuits shall be maintained until the
su6meter Is partnanently removed from seNlce.
(g) Avaliability oi records.
(i) If Ihe records requlred under subsecflon (e) of this section are
mainlained at the on-slle managers office, ihe owner shatl make the
records avallable for inspection al the on-site manager's oKce wilhln three
days afterreceiving a wrilten request.
(2) If the records required under subsecllon (e) o( this section are not
roulinely maintained al ihe on•sile managers office, lhe o�vner shall
provide coples ot the records to ihe on-site manager withln 15 days of
recelving a wrilten request from a tenant or lhe commisslon or commission
staff.
(3) If there Is no on-sile manager, Ihe ovmer shall make copies of the
records available at the tenanCs dweiling unit al a time agreed upon by the
tenanl wilhin 30 deys of the owner receivi�g a wrilten requesl (rom Ihe
�enant.
(4) Coples of the records may be provided by mall if poslmarked by
mldnight of Ihe last day specified in paragraph (1), (2), or (3) of this
subsecllon.
§ 24.279. Rentai Agreement
(a) Rental agreement content. The rental agreement belween the owner and
tenanl shall cleariy state In wdUng:
(1) the tenanl will 6e billed by the owner for su6melered or a�located ulility
services, whichever is applirable;
(2) which utility servlces will be Included in lhe bi�l issued by the owner,
(3) any disputes re�at)ng 10 the compulaUon ot Ihe lenanCs bill or lhe
accuracy of any submetering devlce will be benveen the tenant and ihe
owner,
(4) the average monlhly bill for all dwelling unils in lhe previous calendar
year and the htghest and lowest month's 6ills for that period;
(5) if not submetered, a clear descriptlon of the formula used fo a�locate
ulility services;
(6) infortna6on regarding billing such as meter reading dales, bllling dates,
and due dates;
(7) !he period of time by which owner will repair leaks in the tenanPs uni!
and In common areas, i� common areas are not submetered;
(8) the tenant has Ihe dght to receive Informatlon from lhe owner to verify
Ihe utllity blll; and
(9) tor manvfaclured home renlat communtties and apariment houses, the
service charge percentage permitted under §24.281(d)(3) of Ihls title
(relating to Charges and Calculations) that will be bllled to tenants.
(6) Requlrement to provlde rules. At the Ilme a rental agreement Is dtscussed,
Ihe owner shell provide a copy of this subchapler or a copy of Ihe rules lo lhe
lent,nt to inform 1he lenant ofhis rights and ttie ovinels responsibilities under
this subchapler.
(c) Tenant agreement 10 billing method changes. An owner shali not change
lhe melhod by which a tenant Is billed unless the tenant has agreed to the
change by slgning a lease or other written agreement. The owner shall
provlde nolice of the proposed change at leasl 35 days prior to implementing
the new method.
(d) Change Irom submetered lo allocated billing. An owner shall not change
from submetered billing lo allocaled bllling, excapt afler recelving wrilten
approval from the commisslon afler a demonstrellon of good cause and if Ihe
rentei agreemenl requirements under subsectlons (a), (h), and (cj of (hls
sectlon have been met. Good cause may inciude:
(1) equipmenl fellures; or
(2) meler reading or bllling prob�ems that could not feasibly be cartected.
(e) Waiver of tenant righ�s prohibited. A rental agreemenl provision that
purports lo waive a fenanPs righls or an owner's responsibilities under thls
su6chapteris votd.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to lenaMs forsubmelered or allocated
utility servlce may only inciude bills for waler or waslewaler from lhe relall
public Wllty and musl not indude any fees billed to lhe owner by the retail
publlc ulillly for any deposit, disconnect, reconnect, late paymenl, or other
simllar fees.
(h) Dwelling unit base charge. �f the relail public utilit�s rate struclure indudes
a dwelling unit base charge, the owner shall bill each dtvelling unll (or Ihe
base charge applicable to Ihal unit. The owner may nol bill lenanls for any
dwelling unit base charges appllcable to unoccupied dvielling units.
(c) Customer service charge. If Ihe retail publlc uAlity's rate sWCWre incWdes
a customer service charge, the owner shall bil� each dwelling unil ihe amount
of Ihe customer service charge divided by the total number of dwelling units,
including vacanl units, that can receive service through Ihe master meter
serving the lenanls.
(d) Calculallons (or submetered uliliry service. Tha tenant's submetered
charges must include lhe dwelling unit base charge and customer service
charge, if applicab�e, and the gallonage charge and must be caiculated each
month as follows:
(1) waler ulility service: the retai� public utilily'S total monthly ctiarges for
water service (less dwelling unit base charges or customer service
charges, I( applica6le), dtvitled by Ihe �otal monthly water consumptlon
measured by the retail publlc utilily lo obtain an average waler cost per
galion, liter, or cubic fool, mulliplied by the tenanl's monlhiy consumption
or the volume�ric rale charged by the retail public utility lo the owner
multiplied by the lenanPs monlhly water consumplion;
(2) waslewater utlllry service: �he relail publlc utililys total monthly charges
for wastewater service (less dwelling unil base charges or cuslomer
service charges, If applicable), divided by the lotal monlhly water
consumption measured by the retail public uliliry, mulliplied by lhe lenanl's
moNhly mnsumptlon or Ihe volumetnc wastewater rate charged by �he
relail public utllity to the owner mulllplled by the tenanl's monthly waler
consumption;
(3) service charge (or manufaclured home rentai communiry or the owner
or manager of apartment house: a manufactured home rental communiry
or apariment house may charge a service charge In an amount not lo
exceed 9% of lhe tenanCs charge for submetered waler and wastewater
servlce, except when;
(A) Ihe resident resides in a unit of an apadment house Ihaf has received
an allocation of low income housing tax credlls under Tezas
GovemmeN Code, Chapter 2306, SubChapter DD; or
(B) the apartment resident receives tenant-based voucher assistance
under United Slales Housing Acl of 1937 Seclion 8, (42 United States
Code, §1437f); and
(4) final bill on move-oul tor submetered service: if a tenant moves oul
during a billing period, the owner may calculate a final bill for the tenant
before Ihe owner receives Ihe bill for thal period from ihe retall public utility.
If lhe owner is billin9 using the average waler or wastewater cost per
qallon, liler, or cubic foot as described tn paragraph (1) ot lhis suhseclion,
the owner may calculate lhelenanCs blll bycalculating lhe tenanCs average
volumelric rale for �he last lhree mon(hs and mul�iplying lhal average
volumetric rate by lhe tenanCs consumptlon for the blliing period.
(e) Calculations for allocated utility service.
(�) Be(ore an owner may allocate the retail publlc ulililys master meter bill
for vreter and sewer service lo Ihe le�ants, the owner shall first deducl:
(A) dwelling unil base charges or customer service charge, if applicable;
and
(Bj commun area usage such as Inslalled landscape Irrigation systems,
poo�s, and laundry rooms, if any, as follows:
(I) if all common areas are separateiy melered or submelered, deduct
the actual common area usage;
(II) if common areas that are served through the master meler that
provldes water lo the dwelling unlLs are nol separately metered �r
su6metered and there is an Inslalled landscape IMgation system,
deducl at least 25% of lhe relail pu6lic utilitys master meter bill;
(iii) i( all water used (or an inslalled landscape irrigalion syslem Is
me(ered or su6metered and lhere are o�her common areas such as
pools or laundry rooms lhat are no! metered or submetered, deduct
al leasl 5% of Ihe relail public utilitys masler meter blll; or
(iv) if common areas that are served Ihrou9h Ihe master meter that
provldes viate� to ihe dwelling units are nol separetely metered or
submelered and there is no installed Iandsrape Irrigation system,
deduct at leasl 5% of Ihe retafi public uttlity's master meter bfll.
(2) To calculale a tenanYs bi�l:
(A) for an apartment house, the owner shall mulliply �he amount
eslabllshed In paragraph (1) of this subsecllon by:
(i) lhe numbe� ol occupants in the lenanYs dwelling unit divlded by lhe
tolal number o( occupants In all d�velling unils at the beginning of Iha
mon�h for which bills are being rendered; or
(ii) lhe number of occupanls in Ihe tenanCs dwelling unit using a rotio
occupancy (ormula divided by Ihe total number of occupanls In all
dwelling units at the beglnning of Ihe retail publlc utllllys billing period
using the same relio occupancy (ormule lo delermine Ihe tolal. 7he
ralio occupancy formula wlll reflecl what Ihe o�mer believes more
accuretely represents �he waler use In unils ihal are occupled by
mulllple lenanis. The ratlo occupancy formula Ihat is used must
assign a iracUonal portion per tenanl of no less than that on the
following scale:
(I) dwelling unit with one occupant = t;
(11) dwelling unit wilh hvo occupanls = t.6;
(111) d�velling unit with three occupants = 2.2; or
(IV) dwelling uNt wiN more than ihree occupaNs = 2.2 + 0.4 per
each addilional occupant over Ihree; or
(Ili) the averege num6er of occupants per bedroom, which sha�l be
determined by the following occupancy tortnula. The fortnula must
calculale lhe average number of occupants In all dwelling unils based
on the number of bedrooms in lhe dwelling unit according to Ihe scale
below, nolwithstanding lhe aclual numher of occupanis in each of the
dwelling uniPs bedrooms or all dwelling unils:
(1) dwelling unit with an efficlency = 1;
(II) dwelling unil with one bedroom = 1.6;
(III) dweilfng unit wi(h tv+o bedrooms = 2.8;
(I� dwelling unll wilh three bedrooms = 4+ 1.2 tor each addilional
bedroom; or
(Iv) a tactor using a comhinalion of square tootage and occupancy in
which no more than 50 % is based on square footage. The square
footaga porllon must 6e based on Ihe lotal square footage Iiving area
of Ihe dwelling unit as a percentage o( Ihe total square lootage living
aree of all dwelling units of the apartment house; or
(v) the Individually submetered hot or cold water usage of the lenant's
dwelling unit dlvided by al� su6metered hot or cold water usage In all
dwalling unfls;
(8) a condominium manager shall mulflply Ihe amounl eslablished in
paragraph (1) ot this subsectlon by any of the factore under
subparagraph (A) of thls paragraph or may fol�ow the methods outiined
In ihe condominlum conVacl;
(C) for a manufactured home rental community, the owner shall multiply
�he amount es1a611shed in paragraph (1) of lhis subseclion by:
(I) any ot the faclors developed under subparagraph (A) oF this
paregraph; or
(II) the area o( the indivldual rental space divided by the folal area of
all renlal spaces; and
(D) for a multip�e use tacility, !he owner shali mulllply the amount
established In paragraph (7) of Ihis subseclion by:
(I) any of lhe factors deveioped under subparagraph (A) of Ihls
paragraph; or
(II) the square tootage of the rental space dlvided by Ihe total square
footage of a�l rental spaces.
(3) If a tenant moves in or out during e bllling period, the owner may
caiculate a 6i1� for lhe lenant. If the tenanl moves in during a bllling period,
lhe ownar shall prorata lhe bill by calculalin9 a bill as If lhe tenant were
�here for the whole monlh and Ihen charging the tenanl (or only the number
of days lhe tenant Iived in Ihe unit dlvided by the number ot days In Ihe
monlh multiplied by lhe calculaled bill. If a lenant moves out during a billing
period before Ihe owner receives the blll for Ihat period from the retail pubiic
ullliry, the owner may calculate a Ilnal bill. The owner may calculale the
lenenfs blll by calculaling Ihe tenant's average bill for the last three monlhs
and mulliplying lhal average bill by the number of days Ihe lenanl was In
the unit divided by ihe number of days in that month.
(� Converslon to approved allocalion melhod. An owner ustng an allocalion
formula olher Ihan lhose approved In su6section (e) of lhis section sha�l
immediately provide notice as required under §24.279(c) of this title (relating
lo Rental Agreemenl) and elther:
(1) adop� one of Ihe methods in subsecllon (e) o( this secllon; or
(2) install submelers and begin bllling on a submetered basis; or
(3) discontinue bllling lor utility services.
§ 24.283. Bllling
(a) Monihly billing of total charges. The owner shall bill Ihe tenanl each monlh
for Ihe total charges calculated under §24.281 of this lille (relaling to Charges
and Calculations). If it is permilled In the rental agreemenl, an occupant or
occupants who are �ot reslding In Ihe ren�al unit for a period longer than 30
days may be excluded from lhe occupancy calculalion and from paying a
water and se�ver bill for thal pedod.
(b) Rendering blll.
(1) Allocated bills shall be rendered as prompHy as posslble afler the owner
receives the retall publlc utilily bill.
(2) Submeler 6111s shall be rendered as promplly as posslbie after the
owner recelves the relail pu6lic utlliry blll or according to Iha time schedule
In the renlal agreement If lhe owner is bil�ing using Ihe relail public ulilitys
rale.
(c) Submeter reading schedule. Submeters or poin4o(-use submeters shall
be read wllhln three days of the scheduled reading date of the retail public
ulility's master meter or according to the schedule in (he rental agreement if
the owner is bllling using the retail publlc ulliity's rate.
(d) BIIIIng period.
(t) Allocaled bllls shall be rendered for the same biiling period as thal of
the retall publlc utility, generally monthly, unless service is provided for less
than that period.
(2) Submeler bills shall be rendered (or the same bllling period as that of
the retail publicutility, generally monlhly, unless service is provided forless
than lhal period. if fhe owner uses the retail pubilc utlllt�/s aclual rate, the
billing period may be an alternale bllling pedod specified In the renlal
agreemenl.
(e) Mulli-item bill. if issued on a multlatem bill, charges for submetered or
allocaled ulility service must be separate and distinct from any olher charges
on lhe bill.
(� Informalion on blll. The blll musl clearly stata Ihat the ulility service is
submetered or albcated, as appllcable, and must Include all of fhe foliowing:
(1) total amount due for submetered or allocated water;
(2) total amounl due for submetered or aliocated waslewater,
(3) total amounl due for dwelling unit 6ase charge(s) or customer service
charga(s) or bolh, i� appllcabie;
(4) tolal amount due (or water or wastewater usage, if appiicable;
(5) the name of Ihe retai� public utility and a statement Ihat lhe bili is nol
(mm lhe retail public ulility;
(6) name and address of !he lenant to whom the bill is applicable;
(7j name of the firm rendering the blll and the name or title, address, and
telephone number of the firm or person to be contacted In case ot a hilling
dispute; and
(8) name, address, and �elephone num6er of the party to whom payment
is lo be made.
(g) Information on submelered service. In addition lo the informalion requlred
in subseclion (� o11hls section, a bill for submetered service must include all
of the following:
(1) the (otal number of gallo�s, liters, or cubic feet submetered or measured
by point-of�se submeters;
(2j the cost per gallon, liter, or cubic foot for each service provided; and
(3) totai amount due for a se�vlce charge charged by an owner of a
manu(aclured home rental community, if applicable.
(h) Due date. The due date on the 6111 may not be less Ihan 16 days after it is
mai�ed or hand delivered to Ihe lenant, unless ihe due date fails on a federal
holiday or weekend, in which case Ihe following work day wlll be ihe due dale.
The owner shall record Ihe dale lhe blll Is malled or hand delivered. A
payment Is delinquant If not received by lhe due date.
(I) Estimated htll. An estimated bill may be rendered it a masler meter,
su6meter, or point-of-use su6meler has heen lampered wilh, cannot be read,
or Is out of order; and in such case, 1he bill must be distinctty marked as an
estimate and the subsequen( bill must rellecl an adjusimenl for acival
charges.
Q) Payment by �enanL Unless uUllry bll�s are pald to a Ihird-party bflling
company on behalf ot the owner, or unless ciearly designated by the tenant,
payment must be applled first ro rent and then to utilities.
(k) Overbilling and underbilling. I( a hlli Is issued and subsequently tound to
6e in error, Ihe owner shall caiculate a billing adjuslment. I( the tenant ls due
a refund, an adJustmenl must be calculated for all of that IenanPs bills thal
included overcharges. If Ihe overbilling or underblliing afiects all tenants, an
adJustmant must be calculated for all of Ihe tenants' bills. If Ihe lenant was
undercharged, and lhe cause was nol due to submeler or polnl�of•use
submeter ertor, lhe owner may caicu�ate an adJustment for bills issued In Ihe
previous six monlhs. If the tolal undercharge Is $25 or more, the owner shall
offer the tenant a deferred payment plan option, tor Ihe sama length of time
as Ihat ot Ihe under61111ng. AdJuslments for usage hy a previous tenant may
nol be back bllled lo a current tenanl.
(I) Dispuled bills. In lhe event of a dispule behveen a lenant and an owner
regarding any blll, the owner shall investigate the malter and reporl the results
ot the Invesligation to �he lenent In wriling. The InveStigatlon and report must
be comple(ed vAthin 30 days from lhe date the tenant gives writlen notifiralion
of lhe dispute to the owner.
(mj Late (ee. A one-tlme penalty not to exceed 5% may be applied to
delinquenl accounts. I( such a penalry is applled, the bill must indicate lhe
amount due I( the late penalty is Incurred. No lale penalry may be applled
unless agreed lo by lhe tenent in a writlen lease thal stetes Ihe percentage
amounl of such late penalty.
§ 24.265. Complaint Jurlsdiction
(a) Jurisdlctlon. The commission has exciusive jurisdiclion tor violations under
lhls su6chapter.
(b) Complalnls. If an apartmenl house owner, condominlum manager,
manufactured home rental community owner, or olher mulliple use fadliry
owner violales a commisslon rule regarding ulllity cosls, the person clalming
Iha violation may file a complain! with the commisslon and may appear
remotely for a hearing.
§ 24.287. Submeters or PointwT-Use S�bmeters and Plumbing Fixtures
(a) Submelers or point-oi-use su6meters.
(1) Same type submeters or point-of-use submeters required. Atl
submeters or point-of-use su6meters throughoul a property must use the
same unit of ineasurement, such as gallon, Iiler, or cubic (oot.
(2) Insla�latlon by owner. The owner shall be responsible for providing,
inslalling, and mainlaining all submelers or poin4of-use submeters
necessary tor the meesurement of water lo tenan4s and to common areas,
lf applicab�e.
(3) Submeter or Oolnt•oWse submeter tests prior to installalion. No
submeler or point-of-use submeter may be p�aced in service unless ils
accuracy has been establlshed. If any submater or polnlof-use submeler
(s removed from servlce, It must be properly tested and callbrated betore
being placed In service again.
(4) Accurecy requirements for submeters and point-of•use submeters.
Submelers must be calibrated as close as posslble to the condition of zero
error and within the accu recy standards eslabiished by the American Water
Works Assocfalion (AWWA) for watei meters. Point-ot-use submeters
musl be calibraled as closely as posslble to lhe condition otzero error and
wllhin the accuracy standards established by Ihe Amer(can Soctety of
Mechanical Engineets (ASME) for point-of-use and branch-water
su6melering systems.
(5) Location of submeters and poln6of-use suhmeters. Submelers and
pointvf�use su6melers musl be Inslalled in accordance wilh applicable
plumbing codes and AWWA slandards for water meters or ASME
slandards tor point-of•use submeters, and must be readlly accessible to
�he tenant and lo the ownerfor �esling and Inspec�ion where such aclivities
will cause minimum interference and inconvenlence lo Ihe tenant.
(6) Submeter and polnt-of�se submeter records. The owner shall malntain
a rewrd on each submeter or polnl-of-use submeter which Includes:
(A) an Identltying number;
(8) the installation date (and removal date, if appliceble);
(C) date(s) lhe submeter or point�of-use submeler was caiibrated or
tes[ed;
(D) coples of ali lesls; and
(E) the current Iocation of lhe submeter or pointof-use submeter.
(7) Submeter or point-of•use submeter test on request of tenant. Upon
receiving a written requesl from the tenant, lhe owner shall eilher.
(A) provide evldence, at no charge !o Ihe tenant, that the submeter or
poinl-0f-use su6meter was call6rated or tested within the preceding 24
monlhs and determined to be wllhin the accuracy standards establlshetl
by lhe AWWA for water meters or ASME slandards for poinl-of-use
submelers; or
(8) have Ihe submeter or polnt-of-use submeler removed and tested end
promplly advlse lhe lenant ot (he lest resulls.
(8) Bllling for submeler or point-of�use submeter lesl.
(A) The oemer may nof bili lhe tenant for testing costs if ihe submeter
falis to meet AVJWA accuracy slandards for water meters or ASME
standards (or point�oFuse submeters.
(8) The owner may not blll the tenant for lesting cosls It there is no
evidence Ihat lhe su6meter or point-of-use submeler was calibrated or
tested wilhln Ihe preceding 24 monlhs.
(C) The owner may blll �he tenant for aclual lesting cosis (not to exceed
$25) I( the submeter meels AWWA accurecy standards or lhe polnl-of-
use submeter meets ASME accuracy standards and evldence as
described In paragreph {7j(A) of thls subsection was provided to Ihe
tenant.
(9) BIII adjustment due to submeler or point-of-use submeter error. It a
submeler does not meet AWVJA accuracy slandards or a pointoFuse
submeter does not meet ASME accuracy standards and lhe tenant was
overbilled, an adJusled blll must 6e rendered In accordance wllh §24.263(k)
of Ihis title (relaGng lo BIIIing). The owner may not charge the lenant (or
any underbllling lhal occurred because 1he submeter or point�ot-use
subme�er was In error.
(10) Submeter or point-of-use submeter testing tacililles and equipment.
For submeters, an owner shall compty wilh the AWWA's meter Iesling
requlremenls. For point-ot-use malers, an ownar shall comply with ASME's
meter testing requlrements.
(b) Plumbing fixtures. Afler January t, 20D3, before an owner of an apartment
house, manufactured home rental community, or mulliple use taciliry or a
manager of e condominium may implemenf a program to bill tenants for
su6melered or allocaYed waler servlce, the owner or manager shall adhere lo
Ihe following standards:
(1) Tezas Health and Safery Code, §372.002, for sink or lavatory faucets,
faucet aerators, and showerheads;
(2i pertorm a water leak audfl of each dwelling unit or rental unit and each
common area and repalr any leaks tound; and
(3) not laler lhan the first anniversary ot the date an o�vner of an apartment
house, manufactured home rental community, or multiple use facilily or a
menager of a condominium begins to bill for submeterad or allocaled water
service, the owner or manager shall:
(A) remove any loilets Ihat exceed a maximum flow of 3.5 gallons per
flush; and
(B) install loilets that meet the slandards prescrlbed 6y Texas Heallh
and Safety Code, §372.002.
(c) Plumbing fi�Aure not applicabie. Subsection (b) of Ihls section does nol
apply to a manufactured home renlal community owner who does not own
the manufactured homes located on lhe properiy of ihe manufaclured home
renlal 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 wfll control if the terms of ihe 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 communiry incurs. In order io help control the cost of rent, we
have chosen to allocate the services and governmental fees indicated below through an allocated blll using a standardized
formula to distribute these costs fairly. While we may impose a nomina► fee to help recover our costs in administering these
bflls, we do not add any other costs to these bilis and make no profit off of them.
3. Services and governmental fees allocated.
❑ Cablelsatellite television
❑ Stormwater/drainage
❑ Trash removal/recycling
❑ Street repairlmaintenance fee
❑ Emergency services fee
❑ Conservation district fee
❑ InspecUon fee
We will aliocate the following services and governmental fees:
❑ Registration/iicense fee
� Other Pest control $5.00 ner month
❑ Other
❑ Other
0 Other
❑ Other
❑ Other
9. 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 p�ace indicated on your bill so
that payment is received no later ihan the due date. You will pay a late charge of $ (not to exceed $3) if we
do not receive timely payment. If you are �ate in paying the services and governmental fee bill, we may cut off services, as
allowed by Iaw, and we may immediately exercise all other law(ul remedies, includfng eviction just like late payment of rent.
5. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services
and governmental fees indicated above. You will pay separately tor 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 governmentai fees for the apartment community based on the
allocation method checked below: (check only one)
❑ A percentage reflecting your apartment unfYs 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 epartment uniPs share of the total number of people �fving in the apartment community,
f.e., the number of people living in your apartment divided by the total number of people livfng 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 uniYs share of total square footage and haif wlll be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
0 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 wfll not be allocated. A nominal administrative fee of
$ per month (not to exceed $3) will be added to your bill for processing, billing andlor collecting.
T. Change of allocation foxmula. The above allocation formula for determining your share of ihe services and governmental
fee bills cannot be changed except as follows: (1) you recefve notice of the new formula at least 35 days before it takes effect;
and (2) you agree to the change in a signed lease renewal or signed mutual agreement.
8. Right to examine records. You may examine our service and governmentai fee bilis 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 �easonable advance notice to gather the data.
�SI lures ot A Ne ents
�, <�.�-�"'�.
�
Signature ot Owner ner's Representative
Texas Apartment Asaociation
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS—FLAT FEE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No
Texas OR
the house, dupiex, etc. located at (street address)
Apartments in
In
In the
,
, Texas.
2. Flat fee for trash/recycling aosts. Your monthly base rent under the TAA Lease Contract does not include a charge
for trash removal. Instead, you wfll be receiving a separate bill from us for such service. You agree to pay a monthly fee of
$ 7. 0o for the removal of trash and/or recycling for the apartment community, plus a nominal adm(nistrative 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 blll. You agree
to mall or deliver payment to the place indicated on your bitl 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 oblfgated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately
exerclse all lawful remedies under your lease contract, Inc�uding eviction.
Signatures of All Residents
�;
�
Signature of Owner bG6"wner's Representative
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1. Addendum. This is an addendum to the TAA �ease Contract for Apt. No. in the
Apartments in ,
Texas. The terms of thfs addendum will control if the terms of ihe Lease and this addendum conflict.
2. Texas law. Texas allows qualified people to carry a flrearm in the state. However, we may restrici carrying firearms on
our property, with the exception of transpo�ting firearms from a vehicle to an apartment. �f we provide notice of our policy
restricting ihe carrying of flrearms, and you do not comply, you will be fn violation of the Lease and may be engagfng in
criminal trespass.
3. Community fireaxm carry policy. Whether or not you hold a Iicense under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the speciflc agreements are Indicated by the options thai 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 Iicensing iaw), may not enter this property with
a concealed handgun. The only exception is that we aliow persons to lransport their firearms beiween 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
Ilcensed under Subchapter H, Chapter 411, Government Code (handgun Iicensing Iaw), 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 thefr
vehicles and their apartments.
x0 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 Iicensing law), may not enter � the leasing
office or � any common rooms/amenities of this p�operty with a concealed handgun. (If neither is checked, conceaied
handguns are prohibited in both).
� Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter 0 the leasing
office or � any common rooms/amenities of this property with a handgun that is carried openly. (If neither Is checked,
openiy 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 foilow them;
(c) you wili inform all of your occupants or guests what the apartment communfry's policy or poiicies concerning firearms are
and that they are subject to the same policy or policies as you;
(d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(e) you will promptly provide written notice to us of any violatfons of our firearrn 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 g�arantee a gun-Tree environment at the apartment community and we cannot guarantee anyone's safery;
(b) no aclfon 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 eHorts to restrict the carry(ng of handguns andlor firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we wouid 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,
flrearms, or other weapons; and
(� our abiliry to effectively monitor or enforce this addendum depends in large part on your an cupants' and guests'
cooperation and compliance.
�Si "natures
Texas Apaztment Association
VIRUS WARNING AND WAIVER ADDENDUM
This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed
for Apt. No. in the Weatdale Hills 2013 , LP
Apartments tn Euless
Texas, OR tha house, duplex, etc. locaYed at (street address}
, Texas.
Due to the Inherent risk of exposure to COVID-19 and/or other virus strains (collectively "Viruses") on the premises as defined
fn Sectlon 92.001 of the Texas PropeKy Code (the "Premises"), it is fmportant that you dlligently foltow all posted instructions,
written rules, and generally accepted heaith precautlons concerning the spread of Viruses whlle on the Premises. Viruses may
be extremely contagious and can lead to severe Iliness and death. You should always assume that anyo�e coutd have a Virus.
There is no representaHon or warranty that: (1) the Premises are or wlll remain free of Vfruses, (2) persons on the Premfses
are not carrying Viruses; or (3) exposure to Vlruses cannot occur on the Premises.
Whlle on the Premises:
1. You must exercise due care for your safety at ail Nmes.
2. You agree to take full responstbi�ity for and voluntarily assume a!I risks related to exposure to Viruses.
3. You agree to release, indemnffy, discharge, and hold us and our representatives harmtess to the ful�est extent a�lowed
by Iaw for all present and future claims and Iia6111Nes relating to Viruses, (ncluding but not flmtted to any negligent act
or omisston by us, which might occur as a result of yvur being on the Premises.
Date
Date �I !!3 ��ti��
Date
Date
Date
Date
Date
Resident
R2Si�; �i ,s /• /r�
J
Resident
Resident
Resident
Resident
Owner's Representative
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Westdale Hills 2013, LP, 1201
Sotoqrande #101E #101E
Apaftment name and unit number or street address of leased
premises
Texas Apariment 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, dupiex, etc. located at (street address)
in
Payments. All paymenis for any amounts due under the Lease must be made:
ix1 at the onsite manager's office
� lhrough our online portai
� by maii to
� other:
The following payment methods are accepted:
� electronic payment
� personal check
� cashier's check
� money order, or
� othef:� •
We have the right to reject any payment not made in compliance with this paragraph.
, Texas.
,, or
Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicabie: 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; reptacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or deteciion-device batteries ai 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 lighi bulbs; removing
or rekeying unauthorized securiry devices or alarm systems; packing, removing, or storing properiy removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles biocking 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 atarms 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 liabie to us for charges for replacing any keys
and access devices referenced in the Lease if you don't reiurn them all on or before your actual move-out daie; and accelerated rent
if you've vfolated the Lease. We may a/so deduct from your security deposit our reasonabie 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, ihe security deposit wiil be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by:
� online portal
� ema'tl to
� hand delivery to our management office, or
� othef:The notice of intent to move out and work orders must be in written form onlq. ,
From time io time, we may call or text residenis with certain promotionai or marketing messages that may be of interest. By signing
this iorm and providing contact information, you are givi�g us your express wririen 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 oot out of receivina these messaaes. please submit a written reauest to us bv the method noted ahove.
You aaree to receive these messaaes from us throuah an automatic teleohone dialina system. nrerecordedlartificial voice
messaaes. SMS or text messaaes. or anv other data or voice transmission technoloq��. Your aareement is not renuired as a
condition of the ourchase of anv nronertv. aoods, or services from us.
Any resident, occupant, or spouse who, according to a remaining residenPs affidavit, has permanently moved out or is under court order
not to enter the apariment, is (at our option) no longer entiiled to occupancy or access devices, unless authorized by court order.
After-hours phone number •
(Always cail 911 for police, fire, possible criminal activity or medical emergencies.)
5. Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at lhe owner or operator's
expense at any lime if ihe vehfcie: (a) has a flat tire or is othenvise inoperable; (b) fs on jacks, on biocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(e) is in a handicapped space without the legally required handicapped insignia; (fl is in a space marked for office visitors, managers, or
staff; (g) blocks anoiher vehicle from exiting; (h) is in a fire lane or tlesignatetl "no parking" area; (i) is in a space that requires a permit or
is reserved for another resident or apartment; Q) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(I) has no current license or registration, and we have given you at least 10 days' notice that the vehicie will be towed if not removed; or
(m) is not moved to ailow parking lot maintenance.
6. HVAC Opezation. If the exierior temperature drops below 32° F you must keep the heat on and set to a minimum of 50° F. You must
afso open ail ciosets, cabfnets, and doors under sinks to assist in keeping plumbing fixtures and plumbfng pipes from freezing, and you
must drip all the faucets in your apartment using both ihe hot and cold water. Leave ihe faucets dripping until the exterior iemperature rises
above 32° F. You must Ieave your HVAC system on, even if you leave for multiple days, and have It set to auto al all times.
7. Amenities. Your permission for use of ail common areas, amenities, and recreational facil(ties (collectively "Amenities") located al
the property is a license granted by us. This permission Is express�y conditloned upon your compliance wlth ihe terms of ti�e Lease, the
Community Pollcies, and any signage posted in or around any of the Amenities. We have the right to set ihe days and hours of use for all
Amenities and to change ihose or close any of the Amenilies based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Nelther we nor any of our agenfs, emp/oyees, management company, !ts agen(s, or ifs employees shal! be lfable for any damage
or Infury that results from the use of any Amenitles by you, your invitees, your Itcensees, your occupants, or your guests. Thls
release appiles to any and all current, past or future clalms or 1ta6111ty of any kind related to your decision to use the Amenit7es.
8. Package Services. We p do or �t 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 I(able or responsibie for any lost,
damaged or unordered deliveries and will hold us harmiess.
9. Fair Housing Poticy. We comply with appticable fatr housing taws. In accordance with falr housing laws, wa'll make reasonable
accommodalions to our rules, policies, praclices or servlces and allow reasonable modifications to give disabled persons access io and
use of ihe dwelling and common areas. We may require you to sign an addendum regerding the implementation of any accommodations
or modifications, as weif as your restoration obligations, if any. This fair housing policy does not expand or Ilmit any rights and obligatlons
under applicable law.
10. Special Provisions. The following special provisions controi over conAicting provisions of thls form:
Refer to Westdale Hills Communitv Policies Addendum
��
��
Sfgnature of AH Residents Signature of Qwner or resentative
/
��
Texas Apaztmenl Association
' WESTDALE ASSET MANAGEMENT
RENTER'S INSURANCE ADDENDUM
For the duratlon of the Lease Agreement, Lessee(s) is requlred to mafntain and provide evidence of either
tenant Ilabiliiy 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 Liablifty for
Lessee's legal Ilability for damage to the landlord's property
Lessee(s) is required to furnish Lessor with evidence of Requlred Insurance prlor to occupancy of leased
premises and at the time of each lease re�ewal 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 maintafns the Insurance for the duration of
the Lease Agreement, then nothing more is required. If Lessee does not maintaln Required Insurance,
the insurance requirement of this �ease Agreement may be satisfied by Lessor, who may schedule the
Lessee's unit for coverage under the Landtord-Placed Master Poifcy liability insurance("LPMP"). The
coverage provided under the LPMP will fnclude Required insurance coverage listed above. An amount
equal to the total cost to the Lessor of adding Lessee's unit to the LPMP policy shali be charged back to
Lessee by the Lessor, or the Lessor's authorized representaiive. Some (mportant polnts 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 Ilability arising from on-premises Bodi►y Injury and Property
Damage up to the Limits of Liability appearing above.
2. LPMP coverage Is not personal Ilability insurance or renter's insurance. Lessor makes no
warranty or representation that LPMP covers the Lessee's personat property (contents) or
additional living expenses. Although coverage may be similar to a personal liability insurance
pol(cy or the liability portion of a Renters Insurance Policy, the LPMP may not protect Lessee
as if Lessee had purchased personal Ifability or renter's insurance from an �nsurance agent or
insurance company of Lessee's choice. Certafn restricttons apply.
3. Coverage only applies to liabllfty arising on the resfdence premises. Lessee is not fnsured away from
the resfdence premises.
4. Coverage under the LPMP policy may be more expensive than the cost of Requlred Insurance
available to the Lessee. At any time, Lessee may contact an agent of their choice for personal liability
or renters insurance options to saiisfy 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 exciuded by the LPMP policy. LPMP fs
designed to fulfill the insurance requlrement of the Lease Agreement.
Scheduling under the LPMP poticy 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 term(nated.
RESIDENTS:
Signature
�
`�
Signature
Signature
Signature
FLOOD DISCL�SURE NOTICE
In accordance with Texas law, we are providing the tollowing flood disclosure:
. We � 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 floodplafn. 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) maintalns 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
pol(cies do not cover damages or loss incurred in a fiood. You shouid seek insurance coverage that
would cover losses caused by a flood.
• We O are or � are not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As de/ined 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 overfiow of Inland or
tidal waters; (B) the unusual and rapld accumulation of runoff or surface wafers from any estabiished
water source such as a river, stream, or drainage ditch; or (C) excessive ralnfall."
Signatures of All Residents
,����.����
,
Signature of Owner or r' esentative
�
l � Il � �?oa�
� � Date
Texaa Apartment Association
���r�� Bed Bug Addendum
'1'IiK�iS AI',�IYI'�IRii I' �AStit)GI:\ I'ICIN
Ptease note; We want to maintaln a high-quality living envlronment foryou. It slmportant to work cogether to
mfnimize [he potential for 6ed bugs in your dwelNng and others. This Addendum ouNlnes your responsibility
and potenNai 1labllity when it comes to bed bugs.
1. Addendum. This is an addendum between the Residents and
Ow�er as descrlbed In the Lease for the dwelling descrlbed below:
(name ofapartments)
or other dwelling located at
(street address o/house, duplex, etc.)
(city)
(state) (z!p).
2. Purpose. This addendum modifies the Lease Contract to address
any infestation of bed bugs (Cimex lectularius) that might be fou�d
fn the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in thls addendum.
3. Inspectfon and Infestations. We are not aware of any current
evidence of bed buqs or bed-bug infestation in the dwellfng.
BY SIGNING THIS ADDENDUM, YOU REPRESENT THAT;
. YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING TNIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED-BUG INFES-
TATIONS. OR
YOU WILL INSPEGT THE DWELLING WITHIN 4B HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BED-BUG INFES-
TATION.
Access for Inspectio� and Pest Treatment. You must allow us
and our pest-control age�ts access to the dwellfng at reasonable
times to Inspectfor 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.51-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and pozsessions
treated according to accepted treatment methods by a licensed
pest-control firm that we approve. You agree not to treat the dwell-
ing for a bed-bug infestation on your own.
5. Notification. You must promptly notify us:
• of any known or suspected bed-bug infestation or presence
in the dweiling, or in any of your clothing, furniture, or per-
sonal property;
� of any recurring or unexpla(ned bites, ztings, Irritations, or
sores on the skin or body that you belfeve are caused by bed
bugs, or by any condition or pest you believe is in the dwell-
ing; AND
• if you discover any condiiion or evidence that might indicate
the presence or infestation of bed bugs, or if you receive any
confirmation of bed-bug presence by a Ilcensed pest-control
professional or other authoritative source.
6. Cooperation.ifwe<onfirmthepresenceorinfestatlonofbedbugs,
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 dweliing and building
that are infested. If you don't cooperate with us, you wiil be in de-
fault and we wlll have the right to termfnate your right of occupancy
and exercise al� rights and remedies under the Lease.
7. Responsibilities. You may be required to pay ali reasonable costs
of cleaning and pest-control treatments incurred by us to treat your
dwelling unit for bed bugs.lf 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 dweilings to your dwelling
unit, you may have to pay any �ost rental income and other expens-
es we incur to relocate the neighboring residents and to ciean and
perform pest-control treatments to eradicate infestations in other
dweliings. If you don't pay us for any costs you are liable for, you
wili be in default and we wili have the rfght to terminate your right
of occupancy and exercise ali rights and remedies under the Lease,
and we may take immediate possession of the dwelling. If you don't
move out after your r(ght of occupancy has been terminated, you
will be Ifable for holdover rent under the Lease.
8. Transfers. If we allow you to trensfer to another dwelling fn the com-
munity because of the presence of bed bugs, you must have your
personai property and possessions treated according to accepted
treatment methods or procedures established by a Iicensed pest-
control professional. You must provide proof of such cleaning and
treatment to our satisfaction.
This Addendum is part of your Lease.
You are Iegally bound by this document. Please read it carefully.
Resident or Residents (all sign below) Ow�er or Owner's nt gn below)
(Name o( Resident) Date signed Date signed
(Na�f Resident)
�=a�
Date signed
Date signed
Date signed
Date slgned
You are entitled to recel ve a copy of thls AddenGum after It Is tutly slgned. Keep it !n a safe place.
TAA Official Statewide Form 23dJ, Revised October, 20i3
Copyright I023, Texas Apartment Assoclation, lnc.
A
M&C Review
CITY COUNCIL AGEND
Create New From This M�C
DATE: 8/12/2025 REFERENCE NO.: M&C 25-0676 LOG NAME:
CODE: C TYPE: NON- PUBLIC
CONSENT HEARING:
Page 1 of 5
Offcial site of the City of Fort Worth, Texas
FORT ��4'ORTF�
��
192025-2026 HUD
ANNUAL ACTION
PLAN
1'1�
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2025-2026 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,273,355.77 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. Staff Available for Questions: Juliet Moses; 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 2025-2026 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 $13,273,355.77 for 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 2025-2026 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 $30,000.00 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 $30,000.00 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 2025-2026 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. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,273,355.77 consisting of
$7,116,438.00 in Community Development Block Grant funds, $2,814,431.77 in HOME
Investment Partnerships Program funds, $615,818.00 in Emergency Solutions Grant funds, and
$2,726,668.00 in Housing Opportunities for Persons with AIDS grant funds, all subject to receipt
of such funds; and
7. Authorize a waiver of the Neighborhood Services Department indirect cost of 21.05\%, estimated
total of $264,698.00.
DISCUSSION:
The City's 2025-2026 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2025 and ending
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M&C Review
Page 2 of 5
September 30, 2026 for use of federal grant funds totaling $13,273,355.77 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, plus program income from the
CDBG and HOME grant programs totaling $60,000.00. 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 January 15, 2025. All proposals were received on March 3, 2025. 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 July 14, 2025, to provide citizens with 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 June 11, 2025.
A 30-day public comment period was held from June 16, 2025, through July 16, 2025. Notice of this public
comment period was published in the Cleburne Times Review on June 10, 2025; in the Fort Worth Star
Telegram and Weatherford Democrat on June 11, 2025; and in La Vida News and the Wise County
Messenger on June 12, 2025.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 14, 2025, and the second public hearing is
scheduled for the City Council Meeeting on August 12, 2025.
A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. The 2025-
2026 Annual Action Plan will be submitted to HUD by August 15, 2025.
Indirect costs totaling approximately $264,698.00 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 21.05\°/o 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.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
For Program Year 2025-2026, it is recommended that the amount of $7,116,438.00 in CDBG funds and an
estimated amount of $30,000.00 in CDBG program income totaling $7,146,438.00 be allocated as follows:
Public Service Agencies -$1,067,465.00 (Limited to 15\% of the grant allocation): Includes social services
for low- and moderate income persons, persons with disabilities, and disadvantaged persons; Housing
Programs -$2,665,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, and
accessibility modifications for seniors and persons with disabilities; Major Projects -$1,000,685.00:
Includes funding for street improvements; Program Delivery -$960,000.00: Includes program delivery
costs for housing programs; Administration -$1,423,288.00 (Limited to 20\% of the grant allocation):
Includes costs for administering the CDBG grant; Estimated Program Income -$30,000.00: Includes up to
$30,000.00 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 (HOME)
For Program Year 2025-2026, it is recommended that the amount of $2,814,431.77 in HOME funds and an
estimated amount of $30,000.00 in HOME program income totaling $2,844,431.77 be allocated as follows:
Homebuyer Assistance Program -$1,110,824.77: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers through the Fort Worth Community Land Trust, the
City of Fort Worth and Trinity Habitat for Humanity; Community Housing Development Organizations
(CHDOs) for affordable housing projects -$422,164.00: These funds will be used by Housing Channel for
the Mason Heights affordable housing development in southeast Fort Worth. Funds will be used for the
acquisition of land and the new construction of 236 units. An estimated 183 units (approximately 77\°/o) will
be sold to low to moderate income households at or below 80\% Area Median Income (AMI); Major
Projects -$1,000,000.00 allocated to Fort Worth Housing Solutions (FWHS) as a part of Phase Six of the
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M&C Review
Page 3 of 5
Choice Neighborhood Initiative (CNI) grant benefiting low-moderate come residents in the Stop Six
Neighborhood of Fort Worth; Administration -$281,443.00 (Limited to 10\% of the grant allocation):
Includes costs for administering the HOME grant; Estimated Program Income -$30,000.00: 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 (HOPWA)
For Program Year 2025-2026, it is recommended that the amount of $2,726,668.00 in HOPWA funds be
allocated as follows: Public Service Agencies -$1,670,868.00; Neighborhood Services Department -
$974,000.00; Administration -$81,800.00 (Limited to 3\°/o of the grant allocation)
EMERGENCY SOLUTIONS GRANT (ESG)
For Program Year 2025-2026, it is recommended that the amount of $615,818.00 in ESG funds to be
allocated as follows: Public Service Agencies -$569,632.00; Administration -$46,186.00 (Limited to 7.5\%
of the grant allocation)
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and subrecipient agencies listed below for the amounts
shown in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY
Housing Channel
Meals-On-Wheels, Inc. of
Tarrant County
Guardianship Services Inc
CONSOLIDATED PLAN
GOAL
Affordable Housing
Healthy Living and
Wellness
Aging In Place
United Community Centers, Inc Children and Youth
Services
Boys & Girls Club of Greater Children and Youth
Tarrant County Services
Girls Inc of Tarrant County Children and Youth
Services
Camp Fire First Texas Children and Youth
Services
Junior Achievement of the Children and Youth
Chisholm Trail, Inc. Services
The Women's Center of Tarrant Economic Empowerment
County and Financial Resilience
Easter Seals North Texas, Inc. Economic Empowerment
and Financial Resilience
PROGRAM
Housing Counseling &
Education
Nutrition Program
Money Smart+ Elder
Financial Fraud
Prevention Workshops
IEducation Literacy
Program
IYouth Development at
Eastside Branch
IWhole Girl Program
ITeens In Action
ICradle to Career
Initiative
Employment Solutions
Employment Services
AMOUNT
$111,000.00
$120,000.00
'�:� ��� ��
$125,000.00
$72,000.00
$90,281.00
$62,184.00
$50,000.00
$90,000.00
$92,000.00
Homelessness
Presbyterian Night Shelter Prevention and Special Moving Home Program $175,000.00
Needs Support
ICDBG Public Services Agencies Total II$1,067,465.00I
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M&C Review
**Rehabilitation, Education and Accessibility
Advocacy for Citizens with Improvements Project Ramp
Handicaps dba REACH, Inc.
**Fort Worth Area Habitat for Housing Preservation and
Humanity, Inc. DBA Trinity Rehabilitation Cowtown Brush Up
Habitat for Humanity
Page 4 of 5
$165,000.00
$500,000.00
�CDBG Subrecipient Agencies Total �� $665,000.00�
ITOTAL CDBG CONTRACTS I�$1,732,465.00�
**REACH and Trinity Habitat will be funded from the CDBG Housing Programs and Services budget.
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN pROGRAM
GOAL
Tarrant County
Samaritan Housing,
Inc.
AIDS Outreach
Center, Inc.
Homelessness Prevention
and Special Needs
Support
Homelessness Prevention
and Special Needs
Support
�TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
HOPWA Program -
Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility-Based
Operations (FBO)
The Housing Assistance
Program
- Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services
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
The Salvation Army
Center for Transforming
Lives
Homelessness Prevention and Homelessness
Special Needs Support Prevention
Homelessness Prevention and Rapid Re-Housing
Special Needs Support
�
AMOUNT
$1,406,188.00
$264,680.00
$1,670,868.00�
AMOUNT
$139,491.00
$150,000.00
$127,141.00
$73,000.00
$80,000.00
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M&C Review
SafeHaven of Tarrant Homelessness Prevention and Shelter
County Special Needs Support Operations/Services
�TOTAL ESG CONTRACTS
All figures have been rounded to the nearest dollar for presentation purposes.
Page 5 of 5
��$569,632.00�
Each of these grants are 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 90 FTE positions in the Neighborhood Services
Department, which is funded nearly 60\% 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, the 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.
The City of Fort Worth has certified that all programs receiving funding through the HOPWA, HOME, ESG,
and CDBG grants comply with applicable Executive Orders.
These programs are available in ALL COUNCIL DISTRICTS.
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
I Fund
FROM
Fund
Department
ID
Department
ID
Account PriD ct I Program Activity
Account Project
� ID
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity
Budget
Year
Budget
Year
Dana Burghdoff (8018)
Kacey Bess (8187)
Juliet Moses (6203)
Reference # Amount
(Chartfield 2)
Reference # Amount
(Chartfield 2)
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F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: WESTDALE HILLS 2013, L.P.
Subject of the Agreement: Aggrement for additional 1 year term beginning JANUARY 1, 2026 to
DECEMBER 31, 2026, R1A1. TBRA rental assistance for HOPWA client.
M&C Approved by the Council? * Yes ❑✓ No ❑
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑✓ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Client's name on the first page of contract and pgs 6, 11-13, 15, 20-23, 25-28 (lease agreement)
Effective Date: 1/1/2026 Expiration Date: 12/31/2026
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No ❑✓
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.