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Home My WebLink About061905-T1 - General - Contract - Westdale Hills 2013, L.P.CSC No. 24-0552 CSC No. 61905-T1 CITY OF FORT WORTH CONTRACT TERMINATION NOTICE March 16, 2026 Westdale Hills 2013, L.P. Attn: Diana Munoz 1401 Sotogrande Blvd_ Euless, TX 76040 Re: Contract Termination Notice Contract No. CSC No. 61905 (the "Contract") Pursuant to the Contract, the City has the right to terminate the Contract. This letter is to inform you that the City is exercising its right to terminate the Contract immediately upon the end of the termination notice period stated in the Contract. Please return this signed acknowledgement letter to the address set forth below, acknowledging receipt of the Contract Termination Notice. Failure to provide a signed acknowledgment does not affect the termination of the Contract. If you have any questions concerning this Contract Termination Notice, please contact me at the telephone number listed below. Sincerely, Cyndee Garza Sr. Human Services Specialist City of Fort Worth Neighborhood Services 100 Fort Worth Trail Fort Worth, TX 76102 817-392-6125 (o) 682-328-7129 (M) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Termination Page I of 2 CSC No. 24-0552 ACCEPTED AND AGREED: CITY OF FORT WORTH By: 47 Nam@a" MdAdgftlido is ..�zzz CDT Title: Assistant City Manager APPROVAL RECOMMENDED: Y'P� A4� By: Kacey Thomas (Mar 23, 2026 11:50:37 CDT) Name: Kacey Thomas Title: Neighborhood Services Director ATTEST: �FfOMTKP By:1 1 � �OP�%yolk Name: Jannette Goodall Title: City Secretary le: y: diamg mimoz ameaj%R' a*06P. 2026 10:09:49 CDT) itle: Property Manager ,gal Property Name: Westdale Hills 2013, L CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Cqa&er 44rZ401 Name: dee Garza Title: Sr. Human Service Specialist APPROVED AS TO FORM AND LEGALITY: By: Sophie Mathews Name: Sophie Mathews Title: Assistant City Attorney CONTRACT AUTHORIZATION: MC: 06-76 Da e Approve&/23/2026 Form 1295 Certification No.: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Termination Page 2 of 2 EIVTE.RE,D This Lease Is valid onlyl(blled out before January 1, 2026. 1 h10 / 1 :��,�,,,�„•�,,,.,�•,•.,,s,„:,.�,,�, , Apartment Lease Contract ' This lsabinding contract. Read carefully before signing. Name: This Lease Contract ("Lease") Is between you, the resldent(s) as listed below and us.The terms "you" and "your" refer to all residents. The terms "we,"'us," and 'our' refer to the owner listed below. PARTIES Residents Sandra DETAILS Owner Westdale Hills 2013, LP Occupants above only A. Apartment (Par.2) Street Initial LeaseTerm. Begins: 01/01/2026 Ends at I 1:S9 p.m. on: 12/31/2026 C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice ofTerminationorIntent toMove Out (Par.4) $ 1169.00 $ 300.00 Aminimumof 30 days'written notice of termination or Intent to move out required at end of Initial Lease Note that this amount does not term or during renewal period D. Prorated Rent Include anyAnlmolDeposit, which Ifthenumber ofdayslsn'tfilled In, notice ofatleast 30days would be rellected In an Animal Is required. $ Addendum. 63 duefortheremainderoflst month or O for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Dally Late Fee ® l0 %ofonemonth'smonthlybaserentor O 16 of one month's monthly base rent for daysor ❑ $ ❑ $ for _ days Due If rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2) K.Violation Charges Payment Fee (Par. 3.4) $ 1169.00 $ 40.00 Animal Violation (Par. 12.2) Initial charge of $ 100.00 per animal (not to exceed $100 per animal) and Noticeof 30 days Is required, You are not eligible for early termination If 1.Relettin Charge 9 9 you are In default. A dallycharge of $ 10.00 per animat A reletting charge of $ 1003.85 Fee must be paid no later than 30 days after you give us notice (not to exceed $10 per day per animal) (not to exceed 85%of the highest man thly Rent during the Lease termJ Ifanyvalues ornumber ofdaysare blank or'0,' Insurance Violation (Master Lease Addendum may be charged in certain default then this section does not apply. or other separateaddendum) situations $ 20.00 L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these Items as outlined below and/or In separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ Cable/satellite $ Internet $ Package service $ Pest control $ 5.00 Stormwater/drainage $ Trash service $ Washer/Dryer $ Other: Trash Fee $ 7.00 Other: S Other: $ Other: $ M. Utilities and Other Varlable Charges. You will pay separately forgas, water, wastewater, electricity, trash/recycling, utility billing fees and other Items as outlined In separate addenda, Special Provisions or an amendment to this Lease, Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par.3.5) N.Other Charges and Requirements, You will pay separately for these Items or comply with these requirements as outlined Ina Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: $__ Additional or Replacement Access Devices:$ Required Insurance Liability Limit (per occurrence): $ 100000.00 Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless In writing and signed by you and us. Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page I or 6 LEASE TERMS AND CONDITIPNS 1, Definitions. The following terms are commonly used In this Lease: 1.1. "Residents" are those listed In 'Residents' above who sign this Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed In this Lease who are also autho- rized to live In the apartment, but who do not sign this Lease. 1.3. "Owner" may be Identified by an assumed name and Is the owner only and not property managers or anyone else. 1.4. "Including" In this Lease means 'including but not limited to.' 1.5. "Community Policies" are the written apartment rules and policies, Including property signage and Instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" Is monthly base rent plus additional monthly recurring fixed charges. 1.7. "Lease" Includes this document, any addenda and attachments, Community Policies and Special Provisions. 2, Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with this Lease, you'll receive access Information or devices for your apartment and mailbox, and other access devices including: 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations oraccredl- tations associated with the properly are subject to change. Rent. You mustpayyour Rent on orbefore the tstday ofeach month (due date) without demand. There are no exceptions regarding the payment ofRent, andyou agree notpaying Rent on orbeforethe istofeachmonth Isamaterial breach ofthis Lease. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. Payments, You will pay your Rent by any method, manner and place we specify In accordance with this Lease. Cash is not acceptable without ourprior written permission. You cannot withhold or offset Rent unless authorized bylaw. We may, at our option, require at any time that you pay Rent and other sums due In one single payment by any method we specify. Application of Payments. Payment of each sum due Is an Independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply It at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. Late Fees. If we don't receive your monthly base rent in full when It's due, you must pay late fees as outlined In Lease Details. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus Initial and dally late fees If applicable, until we receive full payment In an acceptable method. Utilities and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined In this Lease. Television channels that are provided may be changed during the Lease term If the change applies to all residents. If your electricity is Interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your blils—until the Lease term or renewal period ends. If a utility Is Individually metered, it must be connected In your name and you must notify the provider of your move - out date. Ifyou delay getting service turned on In your name by this Lease's start date or cause It to be transferred back Into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. Ifyour apartment Is Individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back Into our name after you move out. Lease Changes, Lease changes are onlyallowed during the Lease term or renewal period if governed by Par,10, specified In Special Provisions In Par. 32, or by a written addendum or amendment signed byyou and us. At or after the end of the initial Lease term, Rent Increases will become effective with at least 5 days plus the number of days' advance notice contained In Box F on page 1 In writing from us to you. Your new Lease, which may Include Increased Rent or Lease changes, will begin on the date stated In any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Automatic Lease Renewal and Notice of Terminatlon. This Lease will automatically renew month -to -month unless either party gives written notice of termination or Intent to move out as required by Par, 25 and specified on page 1.Ifthe number ofdays Isn't filled In, no- tice ofatleast 30days Is required. Security Deposit. The total security deposit for all residents Is due on or before the date this Lease Is signed. Any animal deposit will be designated In an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must cilve us your advance notice of move out as provided by Par. 25 and forwarding address In writing to receive a written description and Itemized list of charges or refund, In accordance with this Lease and as allowed bylaw, we may deduct from your security deposit any amounts due underthlslease. ou move out earl y or In response to a notice to vacate, you'll be liable for rekeying charges, Upon receipt of your move -out date and forwarding address In writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one paymentjointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance, Ourinsurance doesn't cover the loss of ordamage to yourpersonal property, You will be required to have liability Insur- ance as specified In this Lease unless otherwise prohibited by law. If you have Insurance covering the apartment or your personal belong- Ingsat the time you or we suffer orallege a loss, you agree to require your Insurance carrier to waive any Insurance subrogation rights. Even Knot required, we urge you to obtain your own Insurance for losses due to theft, fire, Rood, water, pipe leaks and similar occurrenc- es. Most renter's Insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not beter- minated early except as provided In this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed In Lease Details, (not to exceed 85%of the highest monthly Rent during the Lease term) Ifyou; (A) fall to move in, or fall to give written move -out notice as required In Par. 25; (B) move out without paying Rent in full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. The reletting charge Is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, Including liability for future or past -due Rent, charges for damages or other sums due. The feletting charge Is a liquidated amount covering only part of our damages —for our time, effort, and expense In finding and processing a replacement resident. These damages are uncertain and hard to ascertain —particularly those relating to Inconvenience, paperwork, advertising, showing apartments, utilities (or showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge Is a reasonable estimate of our damages and that the charge Is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Option Procedure. In addition to your termination rights referred to In 7.3 or 8.1 below, If this provision applies under Lease Details, you may opt to terminate this Lease prior to the end 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 EarlyTermina- tion Option fee In full and specify the date by which you'll move out; (b) you are not In default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term. Ifyou are in default, the Lease remedies apply. 7.3. Special Termination Rights. You mayhave the right under Texas low to terminate this Lease early In certain situations Involving military deployment or transfer, family violence, certain sexual offenses, stalking ordeath ofa sole resident. B. Delay of Occupancy. We are not responsible for any delay ofyour occupancy caused by construction, repairs, cleaning, or a previous resident's holding over, This Lease will remain In force subject to (1) abatement of Rent on a dally basis during delay, and your right to terminate this Lease In writing as set forth below. Rent abatement and Lease termination do not apply If the delay Is for cleaning or re- pairs that don't prevent you from moving Into the apartment. 8.1. Termination. If we give written notice to you ofa delay In occupancy when or after this Lease begins, you may termi- nate this Lease within 3 days after you receive written notice. If we give you written notice before the date this Lease begins and the notice states that a construction or other delay Is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate this Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposlt(s) and any Rent you paid. Apartment Lease Contract 02023, Texas Apartment Assodatlon, Inc. Page 2 of 6 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charg- es, or cost of repairs or service In the apartment community because of a Lease violation; Improper use, negligence, or other conduct by you, your Invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or Inactlon. Unless damage orwastewaterstoppoge Is due to ournegligence, we're not liable for —and you must pay for —repairs and replace- ments occurring during fire Lease term orrenewal perlod, includ- ing: (A) damage from was tewaterstoppages caused by Improper objects In lines excluslvetyserving yourapartmenh (a) damage to doors, windows, orscreens, and (C) damage from windows ordoors left open. nESIDENTL(FE 10. Community Policies. Community Policies become part ofthis Lease and must be followed. We may make changes, Including addl- lions, to our written Community Policies, and those changes can be- come effective Immediately If the Community Policies are distributed and applicable to all units In the apartment community and do not change the dollar amounts owed under this Lease. 10.1. Photo/Video Release, You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas orparticipating In any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use Information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us Information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, In our sole Judgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo Identification or refuses to Identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident In the community. Anyone not listed In this Lease cannot stay in the apartment for more than 2 days in one week without our prior written consent, and no more than twice that many days In any one month. If the previous space Isn't filled In, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days If you or any of your occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors, Noise and Construction. You agree that odors and smells (including those related to cooking), everyday noises or sounds related to repair, renovation, Improvement, or construction in or around the properly are all a normal part of a multifamily living environment and that it Is Impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree tocommunicate and conduct yourself inalaw- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants, Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it In a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, Including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities In common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage In certain prohibited conduct, Including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalla; engaging In or threatening violence; possessing a weapon prohibited by state law; discharging a firearm In the apartment community, or, except when allowed by law, displaying or possessing a gun, knife, or other weapon In the common area, or in a way that may alarm others; (b) behaving Ina loud, obnoxlous or dangerpus manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenl ence 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; (1) tampering with utilities or telecommunication equipment; (9) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; (1) heating the apartment with gas -operated appliances; (j) making bad -faith orfalse allegations against us or our agents to others; (k) smoking of any kind, that is not In accordance with this Lease; (1) using glass containers In or near pools; or (m) conducting any kind of business (including child-care services) In your apartment or In the apartment community —except for any lawful business conducted "at home" by computer, mall, or telephone If customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures ofany kind are allowed, even tempo- rarily, anywhere in the apartment or apartment community un- less we've given written permission, If we allow an animal, you must sign a separate Animal Addendum and, except as set forth In the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit Is considered a gener- al security deposit. You represent that any requests, statements and representations you make, Including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals Is a breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place In the apartment, a written notice of our Intent to remove the animal within 24 hours; and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you If we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations ofAnlmal Policies and Charges, ifyouor any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedles provided in this Lease, Including animal violation charges listed In Lease Details from the date the animal was brought Into your apartment until it Is removed. If an animal has been In the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, Including delleaing, deodorizing, and shampooing. Initial and dally animal -violation charges and animal -removal charges are liquidated damages for our time, Inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes of transportation, Including bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that Is not in compliance with this Lease. 14. When We May Enter. Ifyou or any other resident, guest or occupant Is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, Insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times (or reasonable business purposes. If nobody Is In the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes if written notice of the entry is left In a conspicuous place In the apartment Immediately after the entry. We are under no obligation to enter onlywhen you are present, and we may, but are not obligated to,give prior notice or make appointments. Apartment Lease Contract 02023, Texas Apartment Assoclatlon, Inc. Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyou or any occupant needs to send a request —for example, for repairs, installations, services, ownership disclosure, orsecurity-related matters — it most be written and delivered to our designated representative In accordance with this Lease (except for fair -housing accommodation or modification requests or situations Involving Imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime In progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease, A request for maintenance or repair by anyone residing In your apartment constitutes a request from all residents. The time, manner, method andmeans of performing maintenance andrepalrs, Including whetheror which vendors to use, are within oursole discretion. 15.2. Your Requirement to Notify. You must promptly notify us In writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other condition that poses hazard or threat to property, health, or safety. Unless we Instruct otherwise, you are required to keep the apartment cooled or heated according to this Lease. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or Install utility lines or equipment serving the apartment if the work Is done reasonably without substantially Increasing your utility costs, We may turn off equipment and Interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative Immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking Into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate In whole or In part. 'Reasonable time" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. If we fall to timely repair a condition that materially affects the physlcalhealth orsafety of an ordinary resident as required by the Texas Property Code, you maybe entitled to exercise remedies under§ 92.056 and § 92.0561 of fhe Texas Property Code. Ifyou follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination of this Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92-0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; and 4) judlclal remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our solejudgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tlons. We may remove and dispose of your personal property If, In our solejudgment, it causes a health or safety hazard or Impedes our ability to make repairs. Texas PropertyCode secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a window latch on each window; (B) a do orviewer (peep- hole or window) on each exterior door, (C) a pin lock on each sliding door; (0) elther a door -handle latch or a security bar on each sliding door; (E) a keyless bolting device (deadbolt) on each exterior door, and (F) either a keyed doorknob lock ora keyed deadbolt lock on one entry door. Keyed locks will be rekeyed afterthe priorresldent moves out. The rekeying will be done eltherbefore you move in or within 7 days ofteryou move In, as required by lase. If we fall to In- stall or rekey security devices as required bylaw, you have the right to do so and deduct the reasonable cost from yournext Rent pay- ment under Texas Property Code sec. 92.165(1). We may deactivaf e or not install keyless bolting devices on your doors If (A) you or an occupant In the dwelling Is over55 ordlsabled, and (B) file require- ments of Texas Property Code sec. 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may Install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing Impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors.lfyou damage or disable the smoke alarm orremove a battery without replacing It with a working battery, you may be liable to us under Texas PropertyCode sec.92,2611 for$100plus one month's Rent, actual damages, and attorney's fees, 18.2. Duty to Report. You must Immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable If you fall to report malfunctions, or fall to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss, Unlessotherwiserequiredbylow,none of us, our employees, agents, or management companies are liable to you, yourguests or occupants for any damage, personal injury, loss to personal property, orloss ofbusiness or personal income, from anycause, Including butnotlimited to: negligent orinten flon- al actsofresldents, occupants, orguests; theft, burglary, assault, vandalism orofhercrimes,fire, flood, waterleaks, rain, hall, lee, snow, smoke, lightning, wind, explosions, Interruption of utllitles, pipe leaks orofheroccurrences unlesssuch damage, Injury orloss Is caused exclusively by our negllgence. We do not warrantsecurify of anyklnd, You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an Intrusion alarm will be charged to you, including, but not limited to, any false alarms with pollee/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 16.1. Properly Closure. We also have the right to terminate 20.1. this Lease and your right to possession by giving you at least 30 days' written notice of termination 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 subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to In advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 16. Security and Safety Devices.We'lloayformissingsecurityde - vices that are required by law. You'll pay for: (Al rekeving that you request (unless we failed to rekey after the previous rest - dent moved out); and (B1 repairs or replacements because of misuse ordamaae bvvou orvourfamllv�vouroccuaants, or vour g hiests�YoumustpayImmediatelyaftertheworkisdoneunlessstate law authorizes advance payment. You must also pay In advance for any additional or changed security devices you request. 20.2. As -Is. We disclaim all Implied warranties. You accept the apartment, fixtures, and furniture as Is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given an Inventory and Condition Form at or before move -In. You agree that after completion of the form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return It to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be In a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. Standards and Improvements. Unless authorized by law or by us In writing,you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alterour property. No holes orstickers are allowed Inside or outside the apartment. Unless this Lease slates otherwise, we'll permit reasonable number of small nail holes for hanging pictures on sheetrock walls and In grooves of wood -paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, cameras, two-way talk device, video or other door - Apartment Lease Con Ira cl 02023, Texas Apartment As%oclalion, Inc. Page 4 of 6 bells, or lock changes, additions, or rekeying Is permitted unless required bylaw or we've consented In writing. You may Install a satellite dish or antenna, but only If you sign our satellite dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move In, we'll supply light bulbs for fixtures we furnish, In- cluding exterior fixtures operated from Inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your Improvements to the apartment (made withorwilhout our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and Intent to move out under Par. 7.3. All notices and documents will be In English and, at our option, In any other language that you read orspeak. 21.1. Electronic Notice. Nonce may be given electronically by us to you if allowed by law. If allowed by law and In accordance with this Lease, electronic notice from you to us must be sent to the emall address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address if allowed In this Lease. You represent that you have provided your current email address to us, and that you will notify us in the event your emall address changes. I(you don't pay the first month's Rentwhen or before this Lease begins, all future Rent for the Lease term will be automatically accelerated without notice and become Immediately due. We also may end your right of occupancy and recover damages, future Rent, attorneys fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained In: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or Increase the Rent by 25%by delivering written notice to you or your apartment while you continue to hold over. . 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. t(we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. if you default, you will pay us, In addition to other sums due, any rental discounts or concessions agreed to In writing that have been applied to your account. We may recover attorney's fees In connection with enforcing our rights under this Lease. All unpaid amounts you owe bear Interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees if you fall to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added If you don't pay all sums by that deadline. You are also liable fora charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus ourattorney's fees and expenses, court costs, and filing fees actually paid. EVICTION r REMEDIES'. 24. 22. Liability. Each resident Is Jointly and severally liable for all Lease obligations. If you or any guest or occupant violates this Lease or our Community Policies, all residents are considered to have violated this Lease. 22.1. Indemnification byYou. You'll defend, lndemnifyand holdus and our employees, agents, andmanagemen t company harmless from all liability arising from your conduct or requests to ourrepresentatives and from the conduct ofor requests by yourinvitees, occupants orguesfs. 23. Default by Resident. 23.1. Acts of Default. You'll be In default if: (A) you don't timely pay Rent, Including monthly recurring charges, or other amounts you owe; (8) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give Incorrect, Incomplete, or false answers In a rental application or In this Lease; or (D) you or any occupant Is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense Involving actual or potential physical harm to a person, or Involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined In the Texas Controlled Substances Act, or (2) any sex - related crime, Including a misdemeanor. 23.2. Eviction. lfyoudefault, Including holding over, wemay end yourright of occuponcyby giving you at least a 24- hour written notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. Aftergiving notice to vacate or filing an eviction suit, we maystillaccept Rent orofher sums due; the filing or accep Lance doesn't waive or diminish ourrlght of eviction orany other contractual or statutory right. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings. In an eviction, Rent is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be Immediately due If, without our written consent: (A) you move out, remove property In preparing to move out, oryou or any occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (0) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated If you're Judicially evicted or move out when we demand because you've defaulted. Representatives' Authority and Waivers. Ourrepresentatives (in- cluding managementpersonnel, employees, and agents) have no authority to waive, amend, orterminate this Lease orany portof It unlessln writing and signed, andno authority to makepromises, rep- resentations, or agreements that Impose security duties or otherob- /igations on us or ourrepresentatives, unless In writing and signed. No action oromisslon byus will be considered awaiverof our rights orof any subsequent violation, default, or time or place of performance. Our choice to enforce, notenforce ordelay enforcement ofwritten-no- tice requirements, rentaidue dates, acceleration, (lens, oranyother rlghtsisn't o waiver underany circumstances. Delay In demanding sumsyou owe is not a waiver. Fxceptwhen notice ordemand is required by law,youwatve any notice and demand for performance from us Ifyou default. Nothing in this Lease constitutes a waiverofour remedies for a breach under your prior lease thatoccurred before the Lease term begins. Yourl-easels subordinate to existing and future recorded mortgages, un- less the owner's lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonllabllity or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company Is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. 25. Move -Out Notice. Before moving out, you must give our represen- tative advance written move -out notice as stated in Par. 4, even If this tease has become a month -to -month lease. The move -out date can't be changed unless we and you both agree In writing. Yourmove-outnotice must comply with each of the following: (a) Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate this Lease before the end of the Lease term or renewal period. (c) If we require you to give us more than 30 days' written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90days before your deadline forgiving us your written move -out notice. If we fall to give a reminder notice, 30 days'wrltten notice to move out is required. (d) You must get from us a written acknowledgment of your notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, Including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning Instructions If they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges —Including charges for cleaning carpets, draperies, furniture, walls, etc. that are solled beyond Apartment Lease Contract 0202a.'revas Apanment Assoc Iallon, Inc. Page 5 of 6 normal wear (that Is, wear or soiling that occurs without yoU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU negligence, carelessness, accident, or abuse). COULD BEAPARTYINACLASS ACTION LAWSUIT BY 26.2. Move -out Inspection. Wemay, but are not obligated to, SIGNING THIS LEASE YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY provide ajoint move -out inspection. Our representatives THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE have no authority to bind or limit us regarding deductions for 1jiFTERh"INATIONOREXPIRATIONOFTHISLEASE. repairs, damages, or charges. Any statements r estimates by us or our representative are subject to our correction,modi- 31.2. ForceMajeure.I(weare prevented from completing substan- fication, or disapproval before final accounting or refunding. tial performance of any obligation under this Lease by 27. Surrender and Abandonment, You have surrendered the apartment occurrences that are beyond our control, Including but not limited to, an act of God, strikes, epidemics, war, acts of when: (A) the move -out date has passed and no one Is living In the terrorism, riots, Rood, Are, hurricane, tornado, sabotage or apartment In our reasonable judgment; or apartment keys and ac- governmental regulation, then we shall be excused from any cess devices listed In Par.2.1 have been turned in to us —whichever further performance of obligations to the fullest extent happens first, allowed by law, You have abandoned the apartment when all of the following have 32. Special Provisions. The following, or attached Special Provisions and occurred: (A) everyone appears to have moved out In our reasonable any addenda or Community Pollcles provided to you, are part of this judgment; (8) you've been In default for nonpayment of Rent for S Lease and supersede any conflicting provisions In this Lease. consecutive days, or water, gas, or electric service for the apartment not connected In our name has been terminated or transferred; and No cash or partial payments are (C) you've not responded for 2days to our notice left on the Inside of the main entry door stating that we consider the apartment aban- accepted. No checks after the 3rd. doned. An apartment Is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession (or all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any securitydeposit deductions; and remove or store propertyleft In the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that in our solejudgment belongs toyou and remains In the apartment or In common areas (Including anyvehlcles you or any occupant or guest owns or uses) after you're judicially evicted or If you surrender or abandon the apartment. We re notllable for casualty, loss, damage, or theft. You must pay reasonable charges forour packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after writ of possession Is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. PROVISIONSGINEBAL r SIGNATURES Before submitting a rental application or signing this Lease, you 28. TAA Membership. We, the management company representing us, should review the documents and may consult an attorney. You are or any locator service thatyou used confirms membership In good bound by this Lease when It Is signed. An electronic signature Is standing of both the Texas Apartment Association and the affiliated binding.ThlsLease, Including all addenda, Isthe entire agreement local apartment association for the area where the apartment is between you and us. You agree that you are NOT relying on any located at the time of signing this Lease. If not, the following applies: oral representations. (A) this Lease is voidable at youroption and Is unenforceable by us (except for property damages); and (B) we may not recoverpast or Resident or Residents (allslgnbelow) future rent or other charges.The above remedies also apply If both of the following occur: (1) this Lease Is automatically renewed on a month -to -month basis more than once after membership in TAA and the local association has lapsed; and (2) neither the owner nor the man- (Na5e of Resident) Datesigned agement company Is a member of TAA and the local association during \/ the third automatic renewal. A signed affidavit from the affiliated local r'u 1),j) 4 nonmembership when this Lease ' (Name of Resident) Dat signed or renewal was signed will be conclusive evidence of nonmembership. Governmental entitles mayuseTAA forms I(TAA agrees in writing. Name, address and telephone numberoflocator service (Ifapplicable): (Nameofflesldent) Date signed (Name of Resident) Date signed 29.Severability and Survivability. lfanyprovision of this Lease Is Inval- Id or unenforceable under applicable law, It won't Invalidate the re- malnder of this Lease or change the Intent of the parties. Paragraphs 10.1,10.2,16, 22.1, 27, 30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought In the county, and precinct If applicable, where the apartment Is located. 31. Waivers. By signing this Lease, you agree to the following: 31.1. Class Action Walver. You agree that you will not participate In any class action claims against us or our employees, agents, or management company. You must file any claim against us Individually, and you expressly waive your right to bring, represent,loln orotherwlse maintain a class action, collective action orsimllar proceeding against us In any forum. (Name of Resident) Date signed (Name of Resident) // A Date signed Owner or Owner's Representeftivii lsl&Wn behalf of owner) -25 Apa,lment Lem a Co nit at 0AAWAdiil Slalewlde Foim 23-A/a-1/84 Re fired October 2023 Page6or6 TEXASAPARTMENTANSssc:tNIV N r Security Guidelines for Residents Addendum 1. Addendum. This Is an addendum to the Lease Contract ('Lease") executed by you, the resident(s), on the dwelling you have agreed to rent. That dwelling Is: (name of apartments) or other dwelling located at (street address of liouse, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclalm any express orlmplied warranties of security. We care about your safety and that of other occupants and guests. No security system Is fallsafe Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and hu- man error, The best safety measures are the ones you perform as a matter of common sense and habit. Inform all other occupants In your dwelling, Including any children you may have, about these guidelines. We recom- mend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: In case of emergency, call 911. Always report emergencies to authorities first and then contact the management. • Report any suspicious activity to the police first, and then follow up with a written notice to us. • Know your neighbors. Watching out for each other Is one of the best defenses against crime. Resident or Residents (allsign below) (Name of Resident) Date signed ( � Dileslg ed (Name of Resident) Datte signed (Name of Resident) Dale signed (Name of Resident) Date signed (Name of Resident) Date signed Always be aware of your surroundings and avoid areas that are not well -traveled or well -lit. Keep your keys handy at all times when walking to your car or home. Do not go Inside If you arrive home and find your door open.Callthe police from anotherlocationand askthem 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 (tome. Don't put your name or address on your key ring or hide extra keys In obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekeyyour locks at your expense, In accordance with the Lease. Check the door viewer before answering the door. Don't open the door If you don't know the person or have any doubts. Children who are old enough to take care of themselves should never let anyone Inside when home without an adult, Regularly checkyour security devices, smoke alarms and other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. • Immediately report In writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke alarms and other detection devices , as well as any othermalfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc, Owner orOwn r' tat ve (sign below) -/ -Z Dateslgned You are entitled to receive o copy of this Addendum after It is fullysigned. Keep It in a sale place, TAA Official Statewide Form 15-M, Revised October, 2015 Q Copyright 2015,Texas Apartment Association, Inc, c.,. , 'I'VXAS AMIt'I'M I"N'1' ASSOCIS110N Asbestos Addendum Addendum. This Is an addendum to the Lease Contract executed by you, the resldent(s), on the dwelling you have agreed to rent.That dwelling Is: (nameofoportments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling Is located 2. Asbestos. In most dwellings which were built prior to 1981, asbestos was commonly used as a construction material. In various parts of your dwelling, asbestos materials may have been used In the original construction or In renovations prior tothe enactmentof federal lawswhich llmitasbestos Incertaln construction materials. Resident or Residents (all sign below) (Name of Resident) (Npryhe of R s� Ident) �+' (Name of Reside (Name of Resident) (Name of Resident) (Name of Resident) Federal Recommendatlons.The United States Environmental Protection Agency (EPA) has determined that the mere presence of asbestos materials does not pose a health risk to residents and that such materials are safe so long as they are not dislodged ordlsturbed Ina mannerthatcauses the asbestos fibers to be released. Disturbances Include sanding, scraping, pounding, or other techniques that produce dust and cause the asbestos particles to become alrborne.The EPA does not require that Intact asbestos materials be removed. Instead, the law simply requires that we take reasonable precautions to minimize the chance of damage or disturbance of those materials. Community Policies and Rules. You, your families, other occupants, and guests must not disturb or attach anything to the walls, ceilings, fl oor tiles, or Insulation behind the walls or ceilings In your dwelling unless speclfi cally allowed In owner's rules orcommunitypollclesthatare separately attached to this Lease Contract. The foregoing prevails over other provisions of the Lease Contract to the contrary. Please report any ceiling leaks to management promptly so that pieces of acoustical ceiling material or celling tiles 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 entitled to receive a copy of this Addendum after It Is fully slgned. Keep It in a safe place. TAA Official Statewide Form IS-Y, Revised January, 2015. Copyright 2015, Texas Apartment Association, Inc. _ WATER AND WASTEWATER ALLOCATION AND SUBMETERiNG ADDENDUM 1. Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. at (street address) In Texas. OR the house, duplex, etc. located at (street address) In , Texas. The terms of this addendum will control If the terms of the Lease and this addendum conflict. 2. Mutual conservation efforts. We agree to use our best efforts to repair any water leaks Inside or outside your apartment no later than 7 days after we learn about them. You agree to use your best efforts to conserve water and notify us of leaks. 3. Your payment due date. Payment of your water and wastewater bill Is due 16 days after the date it Is postmarked or hand delivered to your apartment. You agree to 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. n. Previous average. As required under PUG rules, you are notified that the average monthly bill for all dwelling units in the previous calendar year was $ 94.36 per unit, varying from $ 12.74 to $ 100.00 for the lowest to highest month's bills for any unit In the apartment community for this period, if such Information Is available. The above amounts do not reflect future changes in utility company water rates, weather variations, total water consumption, residents' water consumption habits, etc. s. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills from the utility company; (2) our calculations of your monthly allocations; and (3) any other Information available to you under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will be between you and us. One of the following applies: O Submeter billing procedures A. Your monthly water and wastewater bill will be submelered. Please see the applicable rules of the PUC (attached). B. As permitted by stale law, a service fee of % (not to exceed 9%) will be added to your monthly water -service charges. C. No other administrative or other fees will be added to your bill unless expressly allowed by law or PUC rules. No other amounts will be Included In the bill except your unpaid balances and any late fees (if Incurred by you). If we fall to pay our mastermeter bill to the utility company on time and Incur penalties or Interest, no portion of these amounts will be included In your bill. D. Any dispute relating to the accuracy of any submetering device will be between you and us. E. We will bill you monthly for your submetered water consumption from approximately the 10 day of the month to the 10 day of the month, the latter being our scheduled submeter-reading dale. 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. ❑ Allocation billing procedures A. Your monthly water and wastewater bill will be allocated. Please see the applicable rules of the PUC (attached). B. Common area deduction. Before calculating your portion of the bill, we will deduct for Irrigation of landscaping and all other common area uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the total mastermeter walerlwastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be Included In the bill except your unpaid balances and any late fees you incur. If we fall to pay our mastermeter bill to the utility company on time and incur penalties or Interest, no portion of such amounts will be Included In your bill. C. The allocation method that we will use In calculating your bill is noted below and described in the following subdivision of Section 24.261 of the PUC rules (check only one): O subdivision (I) actual occupancy; ❑ subdivision (li) ratio occupancy (PUC average for number of occupants in unit); O subdivision (III) average occupancy (PUC average for number of bedrooms in unit); M subdivision (iv) combination of actual occupancy and square feet of the apartment; or O subdivision (v) submelered hot/cold water, ratio to total. D. The normal date on which the utility company sends Its monthly bill to us for the waterlwaslewater mastermeter Is about the day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by allocated billings. Special provisions: ifutoo of An Rosidants REDBOOK ONLINE I Texas Apartment Association Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In accordance with PUC rules, a copy of the applicable rules Is provided to you below: SUBCHAPTER I: WATER UTILITY SUBMETERINO AND ALLOCATION § 24.275. 0eneral Rules and Definitions (a) Purpose and scope. The provisions of this subchapter are Intended to establish a comprehensive regulatory system to assure that the practices Involving submetered and allocated billing of dwelling units end multiple use facilities for water and sewer utility service are Just and reasonable and Include appropriate safeguards for tenants. (b)Application. The provisions of this subchapter apply to apartment houses, condominiums, multiple use facilities, and manufactured home rental communities billing for water and wastewater utility service on a submetered or allocated basis. The provisions of this subchapter do not limit the authority of an owner, operator, or manager of an apartment house, manufactured home rental community, or multiple use facility to charge, bill for, or collect rent, an assessment, on administrative fee, a fee relating to upkeep or management of chilled water, boiler, heeling, ventilation, air conditioning, or other building system, or any other amount that Is unrelated to water and sewer utility service costs. (c) DeOnitions. The following words and terms, when used In this subchapter, have the defined meanings, unless the context clearly Indicates olhenvlsa. (1) Allocated utility service —Water or wastewater utility service that Is master metered to an owner by a retail public utility and allocated to tenants by the owner. (2) Apartment house —A building or buildings containing five or more dwelling units that ere occupied primarily for nontansienl use, Including a residential condominium whether rented or owner occupied, and It a dwelling unit Is rented, having rent paid at Intervals of one month or more. (3) Condominium manager —A condominium unit owners' association organized under Texas Property Code §82.101, or an Incorporated or unincorporated entity comprising the council of owners under Chapter 01. Property Code. Condominium Manager and Manager of a Condominium have the same meaning. (4) Customer service charge —A customer service charge Is a rate that Is not dependent on the amount of water used through the master meter. (6) Dwelling unit —One or more rooms In an apartment house or condominium, suitable for occupancy as a residence, and containing kitchen and bathroom facilities; a unit In a multiple use facility; or a manufactured home In a manufactured home rental community. (6) Dwelling unit base charge —A gal rate or (so charged by a retail public Willy for each dwelling unit recorded by the retail public utility. (7) Manufactured home rental community —A property on which spaces are rented for the occupancy of manufactured homes for nontranslanl residential use and for which rental Is paid at Intervals of one month or longer. (8) Master meter —A meter used to measure, for billing purposes, all water usage of an apartment house, condominium, multiple use facility, or manufactured home rental community, Including common areas, common facllides, and dwelling units. (0) Multiple use facility —A commercial or Industrial park, office complex, or marina with five or more units that are occupied primarily for nontranslenl use and are rented at Intervals of one month or longer. (10) Occupant —A tenant or other person authorized under a written agreement to occupy a dwelling. (11) Overcharge —The amount, If any, a tenant Is charged for submetered or nonsubmelered master metered utility service to the lenonl'a dwelling unit after a violation occurred relating to the assessment of a portion of uti0ty costs In excess of the amount the tenant would have been charged under this subchapter. Overcharge and Overbilling have the same meaning. (12) Owner —The legal tltieholder of an apartment house, a manufactured home rental community, or a multiple use facility; and any Individual, firm, or corporation expressly Identified In the lease agreement as the landlord of tenants In the apartment house, manufactured home rental community, or multiple use facility. The term does not Include the manager of on apartment home unless the manager Is expressly Identified as the landlord In the lease agreement. (13) Polnt•of-use submeler—A device located In a plumbing system to measure the amount of water used of a specific point of use, fixture, or appliance, Including a sink, toilet, bathtub, or clothes washer. (14) Submetered utility service —Water utility service that Is master metered for the owner by the retail public utility and Individually metered by the owner at each dwelling unit; wastewater utility service based on submetered water utillty service; water utility service measured by point -of - use submelers when all of the water used In a dwelling unit is measured and totaled; or wastewater utility service based on total water use as measured by point -of -use submelers. (16) Tenant —A parson who owns or Is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and, If rent Is paid, who Is obligated to pay for the occupancy under a written or oral rental agreement. (16) Undercharge —The amount, if any, a tenant Is charged for submetered or nonsubmetered master metered utility service to the lenanrs dwelling unit less than the amount the tenant would have been charged under this subchapter. Undercharge and Underblllfng have the some meaning. (17) Utility costs —Any amount charged to the owner by a retail public utility forwaler or wastewateraervlce. Utility Costs and Utility Service Costs have the some meaning. (18) Utility service —For purposes of this subchapter, utility service Includes only drinking water and wastewater. § 24.277.Owner Registration and Records (a) Registration. An owner who Intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission In a form prescribed by the commission. (b) Water quantity measurement. Except as provided by subsections (c) and (d) of lhla section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the Installation of: (1) submelers, owned by the properly owner or manager, for each dwelling unit or rental unit; or (2) individual meters, owned by the retail public Willy, for each dwelling unit or rental unit. (c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides government assisted or subsidized rental housing to tow or very low Income residents shall Install a plumbing system In the apartment house that Is compatible with the Installation of submelers for the measurement of the quantity of water, if any, consumed by the occupants of each unit. (d) Installation of Individual meters. On the request by the property owner or manager, a retail public utility shall Install Individual meters owned by the utility In an apartment house, manufactured home rental community, multiple use facility, or condominium on which construction began after January 1, 2003, unless the retail public utility determines that installation of meters Is not feasible. If the retail public utility determines that Installation of meters Is not feasible, the property owner or manager shall Install a plumbing system that Is compatible with the Installation of submelers or Individual meters. A retell public utility may charge reasonable costs to Install Individual meters. (a) Records. The owner shall make the following records available for Inspection by the tenant or the commission or commission staff at the on -site manager's office during normal business hours In accordancewlth subsection (g) of this section. The owner may require that the request by the tenant be In writing and Include: (1) a current and complete copy of TWC, Chapter 13. Subchapter M; (2) a current and complete copy of this subchapter; (3) a current copy of the retail public ulllitys rate structure applicable to the owners bill; (4) Information or lips on how tenants can reduce water usage; (5) the bills from the retail public utility to the owner, (6) for allocated billing: (A) the formula, occupancy factors, If any, and percentage$ used to calculate tenant bills; (8) the total number of occupants or equivalent occupants If on equivalency factor Is used under 624.281(a)(2) of this title (relating to Charges and Calculations); and (C) the square footage of the tenant's dwelling unit or rental space and the total square footage of the spadmeni house, manufactured home rental community, or multiple use facility used for billing If dwelling unit size or rental apace Is used; (7) for submetered billing: (A) the calculation of the average cost per gallon, liter, or cubic foot; (8) If the unit of measure of the submeters or point -of -use submeters differs from the unit of measure of the master meter, a chart for converting the tenant's submeter measurement to that used by the retail public utility; (C) all submeter readings; and (D) all submeter lest results; (8) the total amount billed to all tenants each month; (9) total revenues collected from the tenants each month to pay for water and wastewater service; and (10) any other Informalon necessary for a tenant to calculate and verify a water and wastewater bill. (f) Records retention. Each of the records required under subsection (a) of this section shall be maintained for the current year and the previous calendar year, except that all submeter test results shall be maintained until the submeter Is permanently removed from service. (g) Availability of records. (1) If the records required under subsection (e) of this section ere maintained at the on -silo manager's office, the owner shall make the records available for Inspection at the on -site managers office within three days after receiving a written request. (2) If the records required under subsection (a) of this section are not routinely maintained at the on -site managers office, the owner shall provide copies of the records to the on -site manager within 16 days of receiving a written request from a tenant or the commission or commission staff. (3) If there Is no on -site manager, the owner shall make copies of the records available at the lenanl's dwelling unit at a lime agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant. (4) Copies of the records may be provided by mall If postmarked by midnight of the last day specified In paragraph (1), (2), or (3) of this subsection. § 24.279. Rental Agreement (a) Rental agreement content. The rental agreement between the owner and tenant shall clearly slate In writing: (1) the tenant will be billed by the owner for submelered or allocated utility services, whichever Is applicable; (2) which utility services will be Included In The bill Issued by the owner, (3) any disputes relating to the computation of the tenant's bill or the accuracy of any submelering device will be between the tenant and the owner; (4) the average monthly bill for all dwelling units In the previous calendar year and the highest and lowest month's bills for that period; (5) if not submelered, a dear description of the formula used To allocate utility services; (6) information regarding billing such as meter reading dales, billing dales, and due dales; (7) the period of time by which owner vdll repair leaks In the lenant's unit and In common areas, If common areas are not submelered; (8) the tenant has the right to receive Information from The owner to verify the utility bill; and (9) for manufactured home rental communities and apartment houses, the service charge percentage permitted under §24.281(d)(3) of this title (relating to Charges and Calculations) that will be billed to tenants. (b) Requirement to provide rules. At the lima a rental agreement Is discussed, the owner shall provide a copy of [his subchapter or a copy of The rules to the tenant to Inform the tenant of his rights and the owners responsibilities under this subchapter. (c) Tenant agreement To billing method changes. An owner shall not change the method by which a tenant Is billed unless the tenant has agreed to the change by signing a lease or other written agreement. The owner shall provide notice of the proposed change at feast 35 days prior to Implementing the new method. (d) Change from submetered to allocated billing. An owner shall not change from submetered billing to allocated billing, except after receiving written approval from the commission after a demonstration of good cause and If the rental agreement requirements under subsections (a), (b), and (c) of This section have been met. Good cause may Include: (1) equipment failures; or (2) meter reading or billing problems that could not feasibly be corrected. (a) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owneea responsibilities under this subchapter Is void. § 24.281. Charges and Calculations (a) Prohibited charges. Charges billed to tenants for submelered or allocated utility service may only Include bills for water or wastewater from the retail public utility and must not Include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees. (b) Dwelling unit base charge. 11 No retail public ulllitys (ale structure Includes a dwelling unit base charge, the owner shall bill each dwelling unit (or the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c) Customer service charge. If the retail public ulllllys rate structure includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, Including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submelered utility service. The tenant's submelered charges must Include the dwelling unit base charge and customer service charge, If applicable, and the gallonage charge and must be calculated each month as follows: (i) water utility servlra: the retail public ulllllys total monthly charges for water service (less dwelling unit base charges or customer service charges, If applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic fool, multiplied by the tenant's monthly consumption or the volumetric tale charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2)wastewater uglify service: the retail public utillty's total monthly charges for wastewater service (less dwelling unit base charges or customer service charges, If applicable), divided by the total monthly water consumption measured by the retail public utility, multiplied by the tenant's monthly consumption or the volumetric wastewater rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (3) service charge for manufactured home rental community or the owner or manager of apartment house: a manufactured home rental community or apartment house may charge a service charge In an amount not to exceed 9% of the tenant's charge for submelered water and wastewater service, except when; (A) the resident resides In a unit of an apartment house that has received an allocation of low Income housing fax credits under Texas Government Code, Chapter 2306, Subchapter DD; or (B) the apartment resident receives tenant -based voucher assistance under United Slates Housing Act of 1937 Section 0, (42 United Stales Coda, §14371); and (4) final bill on move -out for submelered service: If a tenant moves out during a billing period, the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner Is billing using the average water or wastewater cost per gallon, liter, or cubic fool as described In paragraph (1) of this subsection, the owner may calculate the lenanl's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption (or the billing period. (a) Calculations for allocated utility service. (1) Before an owner may allocate the retail public ulllllys master meter bill for water and sewer service to the tenants, the owner shall first deduct: (A) dwelling unit base charges or customer service charge, I( applicable; and (8) common area usage such as installed landscape Irrigation systems, pools, and laundry rooms, If any, as follows: (1) If all common areas are separately metered or submelered, deduct the actual common area usage; (II) It common areas that are served through the master meter that provides water to the dwelling units are not separately melered or submelered and there Is an Installed landscape irrigation system, deduct at least 26% of the retail public utility's master meter bill; (III) If all water used for an Installed landscape Irrigation system Is metered or submetered and there are other common areas such as pools or laundry rooms that ere not metered or submetered, deduct at least 5% of the retail public ulllllys master meter bill; or (iv) If common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there Is no Installed landscape Irrigation system, deduct at least 6 % of the retell public utllilys master meter bill. (2) To calculate a lenant's bill: (A) for an apartment house, the owner shall multiply the amount established In paragraph (1) of this subsection by: (i) the number of occupants In the tenant's dwelling unit divided by the total number of occupants In all dwelling units at the beginning of the month for which bills are being rendered; or (li) the number of occupants In the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants In all dwelling units at the beginning of the retail public utility's billing pedod using the some ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use In unite that are occupied by multiple tenants. The ratio occupancy formula that Is used must assign a fractional portion per tenant of no less than that on the following scale: (1) dwelling unit with one occupant =1; (11) dwelling unit with two occupants -1.6; (III) dwelling unit with three occupants - 2.2; or (IV) dwelling unit with more than three occupants - 2.2 + 0.4 per each additional occupant over three; or (III) the average number of occupants per bedroom, which shall be delemdned by the following occupancy formula. The formula must calculate the average number of occupants In all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants In each of the dwelling unll's bedrooms or all dwelling units: (1) dwelling unit with an efficiency =1; (II) dwelling unit with one bedroom a 1.6; (III) dwelling unit with two bedrooms = 2.8; (IV) dwelling unit with three bedrooms - 4 + 1.2 for each additional bedroom; or (Iv) a factor using a combination of square footage and occupancy In which no more then 60% is based on square footage. The square footage portion must be based on the total square footage living area of The dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house; or (v) the Individually submetered hot or cold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage In all dweling units; (B) a condominium manager shall multiply the amount established In paragraph (1) of this subsection by any of the (actors under subparagraph (A) of this paragraph or may follow the methods outlined In the condominium contract; (C) for a manufactured home rental community, the owner shall multiply the amount established In paragraph (1) of this subsection by: (1) any of the factors developed under subparagraph (A) of This paragraph; or (II) the area of the Individual rental space divided by the total area of all rental spaces; and (D) for a multiple use facility, (he owner shall multiply the amount established In paragraph (1) of this subsection by: (1) any or the factors developed under subparagraph (A) of this paragraph; or (II) the square footage of the rental space divided by the total square footage or all rental spaces. (3) If a tenant moves In or out during a billing pedod, the owner may calculate a bill for the tenant. If the tenant moves In during a billing period, the owner shall prorate the bill by calculating a bill as If the tenant were there for the whole month and then charging the tenant for only the number of days the tenant lived In the unit divided by the number of days In the month multiplied by the calculated bill. It a tenant moves out during a billing period before the owner recelves the bill for that period from the retell public utility, the owner may calculate a final bill. The owner may calculate the tenant's bill by calculating the tenant's average bill for the lest three months and multiplying that average bill by the number of days the tenant was In (he unit divided by the number of days In that month. (Q Conversion to approved allocation method. An owner using an allocation formula other than those approved In subsection (a) of this section shall Immediately provide notice as required under §24.279(c) of this Illle (relating (o Rental Agreement) and either. (1) adopt one of the methods In subsection (a) of (his section; or (2) Install submelers and begin billing on a submetered basis; or (3) discontinue billing for utility services. § 24.283, Billing (a) Monthly billing of total charges. The owner shall bill the tenant each month for the total charges calculated under §24.281 of this title (relating to Charges and Calculations), If It Is permitted In the rental agreement, an occupant or occupants who are not residing In the rental unit for a period longer than 30 days may be excluded from the occupancy calculation and from paying a water and sewer bill for that pedod. (b) Rendering bill. (1)Allocated bills shall be rendered as promptly as possible after the owner receives the retail public utlllly bill. (2) Submeler bills shelf be rendered as promptly as possible after the owner receives the retell public utility bill or according to the Ume schedule In the rental agreement If the owner is billing using the retail public utility's rate. (c) Submeler reading schedule. Submelers or polnl-of-use submelers shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule In the rental agreement it the owner Is billing using The retail public utility's rate. (d) Billing pedod. (1) Allocated bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. (2) Submeler bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service Is provided for less than that pedod. If the owner uses the retail public utililys actual rate, the billing period may be an alternate billing period specified In the rental agreement. (a) Mul(I-Item bill. If issued on a mulll-Ilem bill, charges for submetered or allocated uglily service must be separate end distinct from any other charges on the bill. (I) Information on bill. The bill must clearly slate that the utility service Is submetered or allocated, as applicable, and must Include all of the following: (1) total amount due for submetered or allocated water, (2) total amount due for submetered or allocated wastewater, (3) total amount due for dwelling unit base charge(s) or customer service charge(s) or both, if applicable; (4) total amount due for water or wastewater usage, If applicable; (5) the name of the retell public utility and a statement that the bill is not from the retell public utility; (6) name and address of the tenant to whom the bill Is applicable; (7) name of the firm rendering the bill and [he name or bile, address, and telephone number of the Arm or person to be contacted In case or a billing dispute; and (0) name, address, and telephone number of the party to whom payment Is to be made. (g) Information on submelered service. In addition to the Information required In subsection (f) of this section, a bill for submetered service must Include all of the following: (1) the total number of gallons, liters, or cubic feet a ubmelered or measured by polnl-of-use submelers; (2) the cost per gallon, tiler, or cubic foot for each service provided; and (3) total amount due for a service charge charged by an owner of a manufactured home rental community, If applicable. (h) Due date. The due date on the bill may not be less than 18 days after It Is mailed or hand delivered to the tenant, unless the due date falls on a federal holiday orweekend, in which case the following work day will be the due date. The owner shall record the dale the bill Is mailed or hand delivered. A payment Is delinquent if not received by the due date. (I) Estimated bill. An estimated bill may be rendered If a master meter, submater, or point -of -use submeter has been tampered with, cannot be read, or Is out of order, and In such case, the bill must be distinctly marked as an estimele and the subsequent bill must reflect an adjustment for actual charges. (I) Payment by tenant. Unless utility bills are paid to a Ihlyd-parry billing company on behalf of the owner, or unless clearly designated by the tenant, payment must be applied first to rent and then to utilities. (k) Overbilling and underbllling. If a bill Is Issued and subsequently found to be In error, the owner shall calculate a billing adjustment. If the tenant Is due a refund, an adjustment must be calculated for all of that lenent's bills that Included overcharges. If the overbilling or underbllling effects all tenants, an adjustment must be calculated for all of the tenants' bills. If the tenant was undercharged, and the cause was not due to submeler or point -of -use submeler error, the owner may calculate an adjustment for bills Issued In the previous six months. If the total undercharge Is $26 or more, the owner shall offer the tenant a deferred payment plan option, for the same length of time as that of the underbllling. Adjustments for usage by a previous tenant may not be back billed to a current tenant. (1) Disputed bills. In the event of a dispute between a tenant and an owner regarding any blli, the owner shall Investigate the matter and report the results of the Investigation to the tenant In writing, The Investigation and report must be completed within 30 days from the dole the tenant gives written notification of the dispute to the owner. (m) Late fee, A one-Umo penalty not to exceed 6% may be applied to delinquent accounts. It such a penalty Is applied, the bill must Indicate the amount due If the late penalty Is Incurred. No late penalty may be applied unless agreed to by the tenant In a written lease that steles the percentage amount of such late penalty. § 24.285. Complaint Jurisdiction (a) Judsdicllon. The commisslon has exclusive jurisdiction for violalions under this subchapler. (b) Complaints. If an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a commission rule regarding utility costs, the person claiming the violation may file a complaint with the commission and may appear remotely for a hearing. 124.287. Submaters or Polntof-Use Submalers and Plumbing Fixtures (a) Submaters or polnlof-use submeters. (1) Some type submelers or polnlof-use submeters required. All submeters or point -of -use submelers throughout a property must use the some unit of measurement, such es gallon, liter, or cubic fool. (2) Installation by owner. The owner shall be responsible for providing, Installing, and maintaining all submelers or point -of -use submelers necessary for the measurement of water to tenants and to common areas, If applicable. (3) Submeler or point -of -use submeter tests prior to Installation. No submeler or point -of -use submeter may be placed In service unless its accuracy has been established. If any submeter or point -of -use submeler Is removed from service, It must be propedy tested and calibrated before being placed In service again. (4) Accuracy requirements for submelers and point -of -use submelers. Submalers must be calibrated as close as possible to the condition of zero error and within the accuracy standards established by the American Water Works Assoclation (AWWA) for water meters. Polntofose submelers must be calibrated as ciosely as possible to the condition of zero error and wfthln the accuracy standards established by the American Society of Mechanical Engineers (ASME) for polnlof-use and bmnch-vrater submelering systems. (6) Location of submeters and point -of -use submelers. Submalers and point -of -use submelers must be Installed In accordance with applicable plumbing codes and AWWA standards for water meters or ASME standards for point -of -use submelers, and must be readily accessible to the tenant and 10 the owner for testing and Inspection where such actMiles will cause minimum interference and inconvenience to the tenant. (6) Submeler and polnt-of-use submeter records. The owner shall maintain a record on each submeler or point -of -use submeter which Includes: (A) an Identifying number; (B) the Installation date (and removal date, If applicable); (C) dale(s) the submeler or point -of -use submeter was calibrated or tested; (D) copies of all lasts; and (E) the current location of the submeler or point -of -use submeler. (7) Submeler or point -of -use submeler lest on request of tenant. Upon receiving a written request from the tenant, the owner shall either. (A) provide evidence, at no charge to the tenant, that the submaler or polnlof-use submeter was calibrated or tested within the preceding 24 months and determined to be within the accuracy standards established by the AWWA for water meters or ASME standards for polnlof-use submelers; or (8) have the submeter or polnlof-use submeler removed and tested and promptly advise the tenant of the lest results. (8) Billing for submeler or point -of -use submeler test. (A) The owner may not bill the tenant for testing costs If the submeter falls to meet AWWA accuracy standards for water meters or ASME standards for point -of -use submelers. (8) The owner may not bill the tenant for testing costs If there Is no evidence that the submeter or point -of -use submeler was calibrated or tested within the preceding 24 months. (C) The owner may bill the tenant for actual testing costs (not to exceed $25) If the submeler meets AWWA accuracy standards or the point -of - use submeter meets ASME accuracy standards and evidence as described In paragraph (7)(A) of this subsection was provided to the tenant. (9) Bill adjustment due to submeter or point -of -use submeler error, If a submeler does not meet AWWA accuracy standards or a point -of -use submeter does not meal ASME accuracy standards and the tenant was overbilled, an adjusted bill must be rendered In accordance with §24.203(k) of this title (relating to Billing). The owner may not charge the tenant for any underbllling that occurred because the submeter or point -of -use submelerwas In error. (10) Submeler or polni-of-use submeter testing facilities and equipment. For submelers, an owner shall comply with the AWWA's meter testing requirements. For polnlof-use meters, an owner shall comply with ASME's meter testing requirements. (b) Plumbing fixtures. After January 1, 2003, before an ownerof an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium may Implement a program to bill tenants for submelered or allocated water service, the owner or manager shall adhere to the following standards: (1) Texas Health and Safety Coda, §372.002. for sink or lavatory faucets, faucet aerators, and showerheads; (2) perform a water leak audit of each dwelling unit or rental unit and each common area and repair any leaks found; and (3) not later than the first anniversary of the dale an owner of an apartment house, manufactured home rental community, or multiple use fedllty or a manager of a condominium begins to bill for submelered or allocated water service, the owner or manager shall: (A) remove any toilets that exceed a maximum now of 3.6 gallons per flush; and (8) install toilets that meet the standards proscribed by Taxes Health and Safety Code, §372.002. (c) Plumbing fixture not applicable. Subsection (b) of this section does not apply to a manufactured home rental community owner who does not own the manufactured homes located on the property of the manufactured home rental community. LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES 1. Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. In the Apartments In Texas. The terms of this addendum will control If the terms of the Lease and this addendum conflict. 2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various governmental fees. These are direct costs that the apartment community Incurs. In order to help control the cost of rent, we have chosen to allocate the services and governmental fees Indicated below through an allocated bill using a standardized formula to distribute these costs fairly. While we may Impose a nominal fee to help recover our costs In administering these bills, we do not add any other costs to these bills and make no profit off of them. 3. Services and governmental fees allocated. ❑ Cable/satellite television ❑ Stormwaler/drainage ❑ Trash removal/recycling ❑ Street repair/maintenance fee ❑ Emergency services fee ❑ Conservation district fee ❑ Inspection fee We will allocate the following services and governmental fees: ❑ Reglstratlon/license fee ® Other Pest control $5 00 per month Q Other ❑ Other ❑ Other fl Other ❑ Other 4. Your payment due date. Payment of your allocated services and governmental fee bill Is due 16 days after the date It is postmarked or hand delivered to your apartment. You agree to mall or deliver payment to the place Indicated on your bill so that payment Is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we do not receive timely payment. If you are late In paying the services and governmental fee bill, we may cut off services, as allowed by law, and we may Immediately exercise all other lawful remedies, Including eviction —Just like late payment of rent. 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 for these charges which are defined under the Lease as "Additional Rent". You may receive a separate bill from us each month or we may Include these Items as separate and distinct charges as part of a mulll-Item bill. You agree to and we will allocate the Indicated services and governmental fees for the apartment community based on the allocation method checked below: (check only one) ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, Le., your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, Le., the number of people living in your apartment divided by the total number of people living In the entire apartment community for the month. ("People" for this purpose are all residents and occupants listed In leases at the apartment community as having a right to occupy the respective units). ❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. ❑ Per dwelling unit ❑ Other formula (see attached page) 6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or Interest for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of $ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. 4. Change of allocation formula. The above allocation formula for determining your share of the services and governmental fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before It takes effect; and (2) you agree to the change in a signed lease renewal or signed mutual agreement. B. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. Signature of 0wner\xWVQnar's Representative Texas Apartment Association EASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE 1. Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. In the Texas OR the house, duplex, etc. located at (street address) Apartments In , Texas. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not Include a charge for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of $ 7.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of $ 0.00 per month (not to exceed $3) for processing and bllling. Your trash/recycling bill may Include stale and local sales taxes as required by state law. 3. Payment due date. Payment of your trash removal and recycling bill Is due 16 days after the date it is postmarked or hand delivered to your apartment. We may Include this Item as a separate and distinct charge as part of a multi -Item bill. You agree to mail or deliver payment to the place Indicated on your bill so that payment Is received no later than the due date. There will be a late charge of $ (not to exceed $3) If we do not receive timely payment of your trashlrecycling bill, but we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may Immediately exercise all lawful remedies under your lease contract, Including eviction. Signatures of All Residents Signature of Tw--ner caner s Representative Texas Apartment Association EASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE 1. Addendum. This Is an addendum to the TAA Lease Contract for Apt. No. In the Apartments In Texas. The terms of this addendum will control If the terms of the Lease and this addendum conflict. 2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy restricting the carrying of firearms, and you do not comply, you will be In violation of the Lease and may be engaging In criminal trespass. 3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing this addendum, you understand and agree as follows (the specific agreements are Indicated by the options that are marked): ❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. The only exception Is that we allow persons to transport their firearms between their vehicles and their apartments. ❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that Is carried openly. The only exception Is that we allow persons to transport their firearms between their vehicles and their apartments. M Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing office or M any common rooms/amenities of this property with a concealed handgun. (if neither Is checked, concealed handguns are prohibited In both). M Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter M the leasing office or M any common rooms/amenities of this property with a handgun that Is carried openly. (If neither Is checked, openly carried handguns are prohibited In both). ❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm, other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain view. 4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that: (a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth In the Lease or any community policies we Issue; (b) you have been provided the apartment community's policy or policies concerning firearms and will follow them; (c) you will Inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are and that they are subject to the same policy or policies as you; (d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal trespass under Texas law; and (e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe. S. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and agree that: (a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety; (b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation, default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice of a violation; (c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not In any way enlarge, restrict or otherwise change the standard of care that we would have to you or any other household In the apartment community to render any areas in the apartment community any safer, more secure, or Improved as compared to any other rental property; (d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or Improved safety or security standards than any other rental property; (a) we cannot and do not warrant or promise that any part of the apartment community Is or will be free from handguns, firearms, or other weapons; and (i) our ability to effectively monitor or enforce this addendum depends In large part o;your an cupants' and guests' cooperation and compliance. na ures otAllUesldents Signature of Owner or epresentative Texas Apaximent Association IRUS WARNING AND WAIVER ADDENDUM This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed for Apt. No. In the Apartments In Texas, OR the house, duplex, etc, located at (street address) Texas. Due to the Inherent risk of exposure to COVID-19 and/or other virus strains (collectively "Viruses") on the premises as defined In Section 92.001 of the Texas Property Code (the "Premises"), It Is Important that you diligently follow all posted Instructions, written rules, and generally accepted health precautions concerning the spread of Viruses while on the Premises. Viruses may be extremely contagious and can lead to severe Illness and death. You should always assume that anyone could have a Virus. There Is no representation or warranty that: (1) the Premises are or will remain free of Viruses, (2) persons on the Premises are not carrying Viruses; or (3) exposure to Viruses cannot occur on the Premises. While on the Premises: You must exercise due care for your safety at all times. You agree to take full responsibility for and voluntarily assume all risks related to exposure to Viruses. You agree to release, indemnify, discharge, and hold us and our representatives harmless to the fullest extent allowed by law for all present and future claims and liabilities relating to Viruses, including but not limited to any negligent act or omission by us, which might occur as a result of your being on the Premises. Date i Date c% Date Date Date Date Date Texas Apartment Association Resident Resi j Resident Resident Resident Resident Owner's Representative Apartment name and unit number or street address of leased premises OMMUNITY POLICIES ADDENDUM 1. Addendum. This Is an addendum to the Lease between you and us for Apt. No. in the Apartments In , Texas OR the house, duplex, etc. located at (street address) 2. Payments. All payments for any amounts due under the Lease must be made: w at the onsite manager's office ® through our online portal Texas. ® by mall to 1401 Sotogrande Blvd Euless TX 76040 or ® other: www.westdaleresidents . com The following payment methods are accepted: ® electronic payment ® personal check ® cashier's check ® money order, or ® other www.westdaleresidents.com We have the right to reject any payment not made in compliance with this paragraph, Security Deposit Deductions and Other Charges. You'll be liable for the following charges, If applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, Including stickers, scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was In or attached to the apartment and Is missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to open the apartment when you or any guest or occupant Is missing a key; unreturned keys; missing or burned -out light bulbs; removing or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease; removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters; late -payment and returned -check charges; and other sums due under this Lease, You'll be liable to us for charges for replacing any keys and access devices referenced In the Lease if you don't return them all on or before your actual move -out date; and accelerated rent If you've violated the Lease. We may also deduct from your security deposit our reasonable costs Incurred In rekeying security devices required by law If you vacate the apartment In breach of this Lease. Upon receipt of your move -out date and forwarding address In writing, the security deposit will be returned (less lawful deductions) with an Itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among all residents. 4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by: Igl online portal ® email to M hand delivery to our management office, or Mother: The notice of intent to move out and work orders must be in written form only. From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing this form and providing contact Information, you are giving us your express written consent to contact you at the telephone number you provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, slate or national Do Not Call list. To opt out of receiving these messages please submit a written request to us by the method noted above. You agree to receive these messages from us through an automatic telephone dialing system prerecordedlartiiicial voice messages SMS or text messages or any other data or voice transmission technology. Your agreement is not reaulred as a condition of the purchase of any property, goods or services from us Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order not to enter the apartment, Is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order. After-hours phone number (Always call 911 for police, fire, possible criminal activity or medical emergencies.) Parking. We may have any unauthorized or Illegally parked vehicles towed or booted according to state law at the owner or operalor's expense at any time if the vehicle: (a) has a flat lire or is otherwise Inoperable; (b) Is on jacks, on blocks, or has a wheel missing; (c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment; (a) is in a handicapped space without the legally required handicapped Insignia; (1) Is In a space marked for office visitors, managers, or staff; (g) blocks another vehicle from exiting; (h) Is In a fire lane or designated "no parking" area; (1) is In a space that requires a permit or Is reserved for another resident or apartment; Q) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster; (1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed If not removed; or (m) Is not moved to allow parking lot maintenance. VAC Operation. If the exterior temperature drops below 32° F you must keep the heat on and set to a minimum of 50° F. You must also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises above 32° F. You must leave your HVAC system on, even If you leave for multiple days, and have It set to auto at all times. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at the property Is a license granted by us, This permission Is expressly conditioned upon your compliance with the terms of the Lease, the Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours o1 use for all Amenities and to change those or dose any o1 the Amenities based upon our needs. We may make changes to the rules for the use of the Amenities at any time. Neither we nor any of our agents, employees, management company, Its agents, or its employees shall be liable for any damage or Injury that results from the use of any Amenities by you, your Invilees, your licensees, your occupants, or your guests. This release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities. 1. Paclt:age Services. We ❑ do or tm 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 Slates Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost, damaged or unordered deliveries and will hold us harmless. 3. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable accommodations to our rules, policies, practices or services and allow reasonable modlflcallons to give disabled persons access to and use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations under applicable law. 10. Special Provisions. The following special provisions control over conflicting provisions of this form: Refer to Westdale Hills community Policies Addendum Signature of All Residents Signature of Owner or Texas Apartment Association WESTDALE ASSET MANAGEMENT RENTER'S INSURANCE ADDENDUM For the duration of the Lease Agreement, Lessee(s) Is required to maintain and provide evidence of either tenant liability Insurance or renter's Insurance ("Required Insurance"). Minimum coverage under Lessee's tenant liability Insurance or renter's Insurance policy must be no less than: ($100,000) Limit of Liability for Lessee's legal liability for damage to the landlord's property Lessee(s) is required to furnish Lessor with evidence of Required Insurance prior to occupancy of leased premises and at the time of each lease renewal period. If at any time Lessee does not have such Insurance, Lessor has the right to 'force place' replacement coverage and charge Lessee a fee to cover the expense for such Insurance. Lessee(s) may obtain Required Insurance from an Insurance agent or Insurance company of Lessee's choice. If Lessee furnishes evidence of such Insurance and maintains the Insurance for the duration of the Lease Agreement, then nothing more is required. If Lessee does not maintain Required Insurance, the Insurance requirement of this Lease Agreement may be satisfied by Lessor, who may schedule the Lessee's unit for coverage under the Landlord -Placed Master Polley liability Insurance("LPMP"). The coverage provided under the LPMP will Include Required Insurance coverage listed above. An amount equal to the total cost to the Lessor of adding Lessee's unit to the LPMP policy shall be charged back to Lessee by the Lessor, or the Lessor's authorized representative. Some Important points of this coverage, which Lessee should understand are: 1. Lessor Is the Named Insured under the LPMP. Lessee Is an Additional Insured under the tenant liability component of the LPMP policy for liability arising from on -premises Bodily Injury and Property Damage up to the Limits of Liability appearing above. 2. LPMP coverage is not personal liability Insurance or renter's Insurance. Lessor makes no warranty or representation that LPMP covers the Lessee's personal propertyy ((contents) or additional living expenses. Although coverage may be similar to a personal Ilablllty Insurance policy or the liability portion of a Renters Insurance Policy, the LPMP may not protect Lessee as if Lessee had purchased personal liability or renter's Insurance from an Insurance agent or Insurance company of Lessee's choice. Certain restrictions apply. 3. Coverage only applies to liability arising on the residence premises. Lessee Is not Insured away from the residence premises. 4. Coverage under the LPMP policy may be more expensive than the cost of Required Insurance available to the Lessee. At any time, Lessee may contact an agent of their choice for personal liability or renters insurance options to satisfy the Required Insurance under the Lease Agreement. 5. Licensed Insurance agents may receive a commission on the LPMP policy. 6. The fee to cover the expense of this coverage shall be $20.00 per month. Subject to the terms of the policy, LPMP will extend legal defense to Lessee In the event of actual or alleged liability for bodily Injury or property damage not otherwise excluded by the LPMP policy. LPMP Is designed to fulfill the Insurance requirement of the Lease Agreement. Scheduling under the LPMP policy Is not mandatory and Lessee may purchase Required Insurance from an Insurance agent or insurance company of Lessee's choice at any time and coverage under the LPMP policy will be Immediately terminated. RESIDENTS: Signature ► Signature Signature Signature LOOD DISCLOSI�E NOTICE In accordance with Texas law, we are providing the following flood disclosure: We M are or O are not aware that the unit you are renting is located In a 100-year floodplaln. If neither box is checked, you should assume the unit Is in a 100-year floodplaln. Even If the unit Is not In a 100-year floodplaln, the unit may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on Its Internet website that is searchable by address, at no cost, to determine If a unit Is located In a flood hazard area. Most renter's Insurance policies do not cover damages or loss Incurred In a flood. You should seek Insurance coverage that would cover losses caused by a flood, We O are or ® are not aware that the unit you are renting has flooded (per the statutory definition below) at least once within the last five years. As defined In Texas Property Code 92.0135(a)(2), 'Ylooding" means "a general or temporary condition of a partial or complete Inundation of a dwelling caused by. (A) the overflow of inland or tidal waters; (8) the unusual and rapid accumulation of runoff or surface wafers from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall." Signatures of All Residents Signature of Owner or r' esentalive I -- Date Texas Apartment Association rASTAVA1,111 '110 .4 nrslrr.utr: r A4s<1la.erWN Bed Bug Addendum Please note; We want to maintain a high -qualify living environment foryou, It's Important to work together to minimize the potential for bed bugs In your dwelling and others. This Addendum outlines your responsibility and potential liability when It comes to bed bugs. 1. Addendum. This Is an addendum between the Residents and owner as described In the Lease for the dwelling described below: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address anyinfestatlon of bed bugs (Cimexlectularlus) that might be found In the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum. 3. Inspection and Infestations. We are not aware of any current evidence of bed bugs or bed -bug Infestation In the dwelling. BY SIGNING THIS ADDENDUM YOU -REPRESENT THAT: YOU HAVE INSPECTED THE DWELLING BEFORE MOVING IN OR SIGNING THIS ADDENDUM AND YOU DID NOT FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES- TATIONS, OR • YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY Us OF ANY BED BUGS OR BED -BUG INFES- TATION, Access for Inspection and Pest Treatment. You must allow us and our pest -control agents access to the dwelling at reasonable timesto Inspect for or treat bed bugs.Wecan also Inspectandtreat adjacent or neighboring dwellings to the infestation, even If those dwellings are not the source or cause of the known Infestation, Si- multaneously as we treat the dwelling, you must, at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest -control firm that we approve. You agree not to treat the dwell- ing for a bed -bug Infestation on your own. S. Notification. You must promptly notify us: of any known or suspected bed -bug Infestation or presence In the dwelling, or In any of your clothing, furniture, or per- sonal property; of any recurring or unexplained bites, stings, Irritations, or sores on the skin or body that you believe are caused by bed bugs, or by any condition or pest you believe Is In the dwell- Ing; AND If you discover any condition or evidence that might Indicate the presence or Infestation of bed bugs, or Ifyou receive any confirmation of bed -bug presence bya licensed pest -control professional or other authoritative source, 6. Cooperation. lfwe confirm the presence or Infestation of bedbugs, you must cooperate and coordinate with us and our pest -control agents to treat and eliminate them. You must follow all directions from us or our agents to clean and treat the dwelling and building that are Infested. If you don't cooperate with us, you will be In de- fault and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease. 7, Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments Incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or Infestation of bed bugs after you move out,you may be responsible for the cost of cleaning and pest control. If we have to move other residents In order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental Income and other expens- es we Incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate Infestations In other dwellings. If you don't pay us for any costs you are liable (or, you will be In default and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease, and we may take Immediate possession of the dwelling. If you don't move out after your right of occupancy has been terminated, you will be liable for holdover rent under the Lease. 8.Transfers• Ifwe allowyou to transfer to anotherdwelling In the com- munity because of the presence of bed bugs, you must have your personal property and possessions treated according to accepted treatment methods or procedures established by a licensed pest - control professional. You must provide proof of such cleaning and treatment to our satisfaction. This Addendum Is part of your Lease. You are legally bound by this document. Please read it carefully. Resident or Residents (all sign below) (Name of Resident) Date signed ( Dal signed (Name of Resident) Date signed (Name of Resident) Dateslgned Date signed (Name of Resident) (4511-11 OwnerorOwner's Fit gnbelow) Date signed You are entitled to receive a copy of this Addendum afterit Is fullysigned, Keep it In a safe place, TAA Official Statewide Form 23.11, Revised October, 2023 Copyright 2023, Texas Apar Iment Ass oclall on, Inc. Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORTI ORTII Create New From This M&C 192025-2026 H U D DATE: 8/12/2025 REFERENCE NO.: M&C 25-0676 LOG NAME: ANNUAL ACTION PLAN CODE: C TYPE: NON- PUBLIC CONSENT HEARING: YES 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; S. 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 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 staffs 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\% 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\%) 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 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\% 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 CONSOLIDATED PLAN PROGRAM AMOUNT GOAL Housing Channel Affordable Housing Housing Counseling & Education $111,000.00 Meals -On -Wheels, Inc. of Healthy Living and Nutrition Program $120,000.00 Tarrant County Wellness Money Smart+ Elder Guardianship Services Inc. Aging In Place Financial Fraud $80,000.00 Prevention Workshops United Community Centers, Inc Children and Youth Education Literacy $125,000.00 Services Program Boys & Girls Club of Greater Children and Youth Youth Development at lEastside $72 000.00 Tarrant County Services Branch Girls Inc of Tarrant County Children and Youth Whole Girl Program $90,281.00 Services Camp Fire First Texas Children and Youth Teens In Action $62,184.00 Services Junior Achievement of the Children and Youth Cradle to Career Chisholm Trail, Inc. Services Initiative $50,000.00 The Women's Center of Tarrant lEconomic Empowerment Employment Solutions $90,000.00 County and Financial Resilience Easter Seals North Texas, Inc. Economic Empowerment Employment Services $92,000.00 and Financial Resilience Homelessness Presbyterian Night Shelter Prevention and Special Moving Home Program $175,000.00 Needs Support CDBG Public Services Agencies Total $1,067,465.00 "Rehabilitation, Education and Accessibility Advocacy for Citizens with Improvements Project Ramp $165,000.00 Handicaps dba REACH, Inc. "Fort Worth Area Habitat for Humanity, Inc. DBA Trinity Housing Preservation and Rehabilitation Cowtown Brush Up $500,000.00 Habitat for Humanity CDBG Subrecipient Agencies Total $665,000.00 TOTAL CDBG CONTRACTS $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 AMOUNT GOAL HOPWA Program - Administration, Tenant - Based Rental Assistance Tarrant County Homelessness Prevention (TBRA), Short -Term Samaritan Housing, and Special Needs tgage, and $1,406,188.00 Inc. Support istance , Supportive LServices, Facility -Based s (FBO) The Housing Assistance Program - Administration, Tenant - AIDS Outreach Homelessness Prevention Based Rental Assistance Center, Inc. and Special Needs (TBRA), Short -Term $264,680.00 Support Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services TOTAL HOPWA CONTRACTS $1,670,868.00 Emergency Solutions Grants Contracts TABLE 3: ESG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGAM AMOUNT The Presbyterian Night Shelter of Tarrant County, Homelessness Prevention and Shelter $139,491.00 Inc. Special Needs Support Operations/Services Lighthouse for the Homeless dba True Worth Homelessness Prevention and Day Shelter $150,000.00 Place Special Needs Support Operations/Services Homelessness Prevention and Homelessness The Salvation Army Special Needs Support Prevention $127,141.00 Center for Transforming Homelessness Prevention and Rapid Re -Housing $73,000.00 Lives Special Needs Support $80,000.00 SafeHaven of Tarrant IlHomelessness Prevention and IlShelter County 11Special Needs Support Operations/Services TOTAL ESG CONTRACTS 11$569.632.06 All figures have been rounded to the nearest dollar for presentation purposes. 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 Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Dana Burghdoff (8018) Kacey Bess (8187) Juliet Moses (6203)