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HomeMy WebLinkAbout065847 - General - Contract - Westland Apts LLCCSC No. 65847 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WO TH AND WESTLAND APTS LLC. This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WO TH ("City"), and Westland Apts LLC. ("Landlord"), each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party's performance, agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a three -bedroom ("Lease"). The unit is located at 2924 Luke Drive #513 Fort Worth, Texas 76108 ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on October 1, 2026 and shall expire on November 30, 2026, unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms and conditions, provided however that the rental rate and any amounts payable by City shall be Rental Assistance Landlord Agreement OFFICIAL RECORD CITY SECRETARY Page 1 of 14 FT. WORTH, TX provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The named Tenant may be eligible for security deposit payment assistance payable to Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a federally funded program (including the Permanent Housing Placement Program), after deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full amount of the balance to the City in accordance with HUD regulations. This does not limit Landlord's right to withhold any portion of the deposit that would normally be withheld at termination under the terms of the underlying lease. Based upon the City's review, City will pay a $0.00 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Payable 3.2.1 Rent. Initial Term: The City has been notified that the Tenant's Total Rent during the Initial Term is $1,508.00 per month for the Unit. The Tenant shall be responsible for $153.00 of rent per month from October 1, 2026 to November 30, 2026. The City shall be responsible for $1,355.00 of rent per month from October 1, 2026 to November 30, 2026. A complete history of rental obligations due under this Agreement, per lease term, is included in Attachment A. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees Rental Assistance Landlord Agreement Page 2 of 14 associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. 3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. In the event that the lease is provided to the City after the payment date, then Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day the lease is received by City. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. Rental Assistance Landlord Agreement Page 3 of 14 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.2.3 HUD Program Year Funding. The City agrees to commit funding for rental assistance for a period of up to twelve (12) months, subject to the availability of funds allocated in the current program year's budget. The City shall not commit to providing rental assistance beyond this 12 - month period unless and until additional funding is received from the U.S. Department of Housing and Urban Development for the subsequent program year. In the event that future funding is not secured, the City shall provide written notification to both the tenant and landlord at least ninety (90) days prior to the end of the contract term, advising them that rental assistance will not continue beyond the 12 -month commitment. The City shall not be held liable for rental payments beyond the 12 -month commitment and any lease agreements exceeding the 12 -month term are entered into at their own risk regarding the continuation of rental assistance. 5. HOUSING QUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the Rental Assistance Landlord Agreement Page 4 of 14 City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REOUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. Rental Assistance Landlord Agreement Page 5 of 14 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after fmal payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. Rental Assistance Landlord Agreement Page 6 of 14 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMA GE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND A GREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANYDAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Section 12 shall survive the expiration or termination of this Agreement. Rental Assistance Landlord Agreement Page 7 of 14 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Dana Burghdoff Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS. To LANDLORD: Westland Apts LLC. 2950 Alemeda Street Fort Worth, TX 76108 Rental Assistance Landlord Agreement Page 8 of 14 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. Rental Assistance Landlord Agreement Page 9 of 14 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Rental Assistance Landlord Agreement Page 10 of 14 If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a "company" under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 11 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: Dana Burg ic/off By: Dana Burghdoff (Sep 22,'6i26 12:41:46 CDT) •7 Name: Dana Burghdoff Title: Assistant City Manager Date: 09/22/2026 APPROVAL RECOMMENDED: By: Name: Kacey Thomas Title: Director, Neighborhood Services Department �an p0 F� rk°aa ATTEST: pF' x9.40 caQnn�.6�ad By: Name: Jannette Goodall Title: City Secretary Date: Kacey Thomas (Sep 21, 2026 14:45:52 CDT) LANDLORD: By: Name: Natisha Griffith Title: Property Manager Date: 09/18/2026 A1aIQ4fr NaTisha Griffith (Se 8, 2026 11:17:14 CDT) 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. .1 &c� - G. Pena Julie C. Pena (Sep 18, 2026 11:38:40 CDT) Name: Julie C. Pena Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0676 and 26-0800 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 14 Attachment A History of Rental Obligations by Lease Term Lease Term Total Rent Tenant's Portion City's Portion Initial Term $1,508.00 From October 1, From October 1, 2026 to November 2026 to November 30, 2026: 30, 2026: $153.00 $1,355.00 Rental Assistance Landlord Agreement Page 13 of 14 EXHIBIT A Copy of Tenant's Lease Rental Assistance Landlord Agreement Page 14 of 14 FLOOD DISCLOSURE NOTICE In accordance with Texas law, we are providing the following flood disclosure: • We O are or ® are not aware that the unit you are renting is located in a 100 -year floodplain. If neither box is checked, you should assume the unit is in a 100 -year floodplain. Even if the unit is not in a 100 -year floodplain, the unit may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. • We O are or ® are not aware that the unit you are renting has flooded (per the statutory definition below) at least once within the last five years. As defined in Texas Property Code 92.0135(a)(2), "flooding" means "a general or temporary condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall." Signatures of All Residents Texas Apartment Association Signature of Owner or Owner's Representative Date k` This Lease is valid only if filled out before January 1, 2026. Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we, "us," and "our" refer to the owner listed below. PARTIES LEASE DETAILS A. Apartment (Par. 2) B. Initial Lease Term. Begins: 12/01/2025 Ends at 11:59 p.m. on: 11/30/2026 C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4) $ 1508.00 $ A minimum of 60 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 anyAnimal Deposit, which If the number of days isn't filled in, notice of at least 30 days $ 1508.00 would be reflected in an Animal Addendum. is required. O due for the remainder of 1st month or O for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee 2 10 96 of one month's monthly base rent or O 96 of one month's monthly base rent for days or O $ 13 $ 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) $ $ 30.00 Animal Violation (Par. 12.2) Initial chargeof$ 100.00 peranimal(not to exceed $100 per animal) and Notice of 60 days is required. You are not eligible for early termination if I. RelettinCharge 9 9 you are in default. Adaily charge of$ 10.00 per animal A reletting charge of $ 1281 .80 9 Fee must be paid no later than 30 days after you give us notice (not to exceed $10 per day per animal) (not to exceed85% of the highest monthly Rent during the Lease term) If any values or number of days are blank or "0,' Insurance Violation (Master Lease Addendum may be charged in certain default then this section does not apply. or otherse arate addendum) P situations $ L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 25.00 Cable/satellite $ Internet $ Package service $ Pest control $ 5.00 Stormwater/drainage $ Trash service $ Washer/Dryer $ Other: Rent and Ancillary Billing Fee $ 3.00 Other: Enclosed Garage or Carport $ Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5) N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: $ Additional or Replacement Access Devices:$ __ Required Insurance Liability Limit (per occurrence):$ 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. Owner WESTLAND APTS, LLC Occupants Apartment Lease Contract ®2023, Texas Apartment Association, Inc. Page 1 of 6 2 33 �� 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. 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: POOL KEY 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations or accredi- tations associated with the property are subject to change. 3. Rent. Youmustpay your Rent on or before the 1st dayofeach month (due date) without demand. There are no exceptions regarding the payment of Rent and you agree not paying Renton or before the 1st of each month is a material breach of this Lease. 3.1. Payments. You will pay your Rent by any method, manner and place we specify in accordance with this Lease. Cash is not acceptable without our prior written permission. You cannot withhold 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. 3.2. 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. 3.3. 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. 3.4. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees if applicable, until we receive full payment in an acceptable method. 3.5. Utilities and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. If your electricity is interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notify the provider of your move - out date. If you delay getting service turned on in your name by this Lease's start date or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable 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. If your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out. 3.6. Lease Changes. Lease changes are only allowed during the Lease term or renewal period if governed by Par. 10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice 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. Apartment Lease Contract ®2023, Texas Apartment Association, Inc. 4. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as required by Par. 25 and specified on page 1. If the number of days isn't filled in, no- tice ofat least 30 days is required. 5. 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 give us your advance notice of move out as orovided by Par. 25 and forwardint 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 under this Lease. If you move out early or in response to a notice to vacate, you'll be liable forrekeyfng 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 payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance. Our insurance doesn't cover the loss of or damage to your personal property. You will be required to have liability insur- ance as specified in this Lease unless otherwise prohibited by law. If you have insurance covering the apartment or your personal belong- ings at the time you or we suffer or allege a loss, you agree to require your insurance carrier to waive any insurance subrogation rights. Even if not required, we urge you to obtain your own insurance for losses due to theft, fire, flood, 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 be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (not to exceed 85% of the highest monthly Rent during the Lease term) If you: (A) fail to move in, orfail 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 forfuture or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertain —particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Option Procedure. In addition to your termination rights referred to in 7.3 or 8.1 below, if this provision applies under Lease Details, you may opt to terminate this Lease prior to the end of the Lease term if all of the following occur: (a) as outlined in Lease Details, you give us written notice of early termination, pay the Early Termina- tion Option fee in full and specify the date by which you'll move out; (b) you are not in default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term. If you are in default, the Lease remedies apply. 7.3. Special Termination Rights. You may have the right under Texas law to terminate this Lease early in certain situations involving military deployment or transfer, family violence, certain sexual offenses, stalking or death ofa sole resident. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. If we give written notice to you 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 deposit(s) and any Rent you paid. Page 2 of 6 3 /SEf/Plt �t 34 4a. o`i0r.'a , 4,1 oYO✓d 96 IV. ,jh. q4a 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines orcharg- es, or cost of repairs or service in the apartment community because of a Lease violation; improper use, negligence, or other conduct by you, your invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction. Unless damage or wastewater stoppage is due to our negligence, we're not liable for —and you must pay for —repairs and replace- ments occurring during the Lease term or renewal period, includ- ing: (A) damage from wastewater stoppages caused by improper objects in lines exclusively serving your apartment; (B) damage to doors, windows, or screens; and (C) damage from windows or doors left open. 10. Community Policies. Community Policies become part of this Lease and must be followed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately if the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts owed underthis Lease. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility providerto 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 solejudgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than 7 days in one week without our prior written consent, and no more than twice that many days in any one month. If the previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days 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 property are all a normal part of a multifamily living environment and that it is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself ins law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving in aloud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; (i) heating the apartment with gas -operated appliances; (() making bad -faith or false allegations against us or our agents to others; (k) smoking of any kind, that is not in accordance with this Lease; (I) using glass containers in or near pools; or (m) conducting any kind of business (including child-care services) in your apartment or in the apartment community —except for any lawful business conducted "at home' by computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures of any kind are allowed, even tempo- rarily, anywhere in the apartment orapartment community un- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as setforth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals is a breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Par. 14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. If you or any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought into your apartment until it is removed. If an animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and daily animal -violation charges and animal -removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes of transportation, including bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not in compliance with this Lease. 14. When We May Enter. If you or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes if written notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 3 of 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. If you or any occupant needs to send a request —for example, for repairs, installations, services, ownership disclosure, orsecurity-related matters — it must be written and delivered to our designated representative in accordance with this Lease (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within our sole discretion. 15.2. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other condition that poses a hazard or threat to property, health, or safety. Unless we instruct otherwise, you are required to keep the apartment cooled or heated according to this Lease. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. If we fail to timelyrepaira condition that materially affects the physical health orsafetyofan ordinary resident as required by the Texas Property Code, you may be entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas Property Code, If you follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination of this Lease and an appropriate refund 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) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our solejudgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose of your personal property if, in our solejudgment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination 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 of the property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll av for missing security de- vices that are required bylaw. You'll pay for: (A) rekeying that you request (unless we failed to rekey after the previous resi- dent moved out); and (B) repairs or replacements because of misuse or damage by you or your family, your occupants, or your ug ests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide atno cost to you when occupancy begins: (A) a window latch on each window; (8) a doorviewer (peep- hole or window) on each exterior door; (C) a pin lock on each sliding door; (D) either 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 or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the priorresident moves out. The rekeying will be done either before you move in or within 7days after you move in, as required bylaw. If we fail to in- stall or rekeysecurity devices as required bylaw, you have the right to do so and deduct the reasonable cost from your next Rent pay- ment under Texas Property Code sec. 92.165(1). We may deactivate or not install keyless bolting devices on your doors if(A) you or an occupant in the dwelling is over 55 or disabled, and (8) the 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. If you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec. 92.2611 for $100 plus one 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 fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss. Unless otherwise required by law, 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, or loss of business or personal income, from any cause, including but notlimited to: negligent orintention- alacts of residents, occupants, or guests theft burglary, assault, vandalism or other crimes; fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption of utilities, pipe leaks or otheroccurrences unlesssuch damage, injury or loss is caused exclusively by our negligence. We do not warrant security of anykind. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, any false alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1. 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 requestfor 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 alter our property. No holes or stickers are allowed inside or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on 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 Contract ®2023, Texas Apartment Association, Inc. Page 4 of 6 bells, or lock changes, additions, or rekeying is permitted unless required by law or we've consented in writing. You may install a satellite dish or antenna, but only 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 with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documents will be in English and, at our option, in any other language that you read or speak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with this Lease, electronic notice from you to us must be sent to the email address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address if allowed in this Lease. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. 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 by You.Youll defendindemnifyandhold us and our employees, agents, and management company harmless from allliabilityarising from your conductor requests to our representatives and from the conduct of or requests by your invitees, occupants or guests. 23. Default by Resident. 23.1. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrestor 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. If you default, including holding over, we may end your right of occupancy by giving you at least a 24 - hour written notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, we may still accept Rent or other sums due; the filing oracceptance doesn't waive or diminish our right of eviction or any 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, or you or any occupant gives oral or written notice of intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated if you're judicially evicted or move out when we demand because you've defaulted. Apartment Lease Contract ©2023, Texas Apartment Association, Inc. If you don't pay the first month's Rent when or before this Lease begins, all future Rent forthe Lease term will be automatically accelerated without notice and become immediately due. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained in: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or increase the Rent by 25% by delivering written notice to you or your apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you will pay us, in addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may recover attorney's fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees if you fail to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added if you don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives' Authority and Waivers. Our representatives (in- cluding management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease oranypartofit unless in writing and signed, and no authority to make promises, rep- resentations, oragreements thatimposesecurityduties or otherob- ligations on usorourrepresentatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our choice to enforce, notenforce ordelay enforcementof written -no- tice requirements, rental due dates, acceleration, liens, orany other rights isn'ta waiverunderanycircumstances. Delay in demanding sums you owe is not a waiver. Except when notice or demand is required bylaw, you waive any notice and demand for performance from us if you default. Nothing in this Lease constitutes a waiver of our remedies fora breach under your prior lease that occurred before the Lease term begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the owner's lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. 25. Move -Out Notice. Before moving out you must give our represen- tative advance written move -out notice as stated in Par. 4, even if this Lease has become amonth-to-month lease. The move -out date can't be changed unless we and you both agree in writing. Yourmove-out notice must comply with each of the following: (a) Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate this Lease before the end of the Lease term or renewal period. (c) If we require you to give us more than 30 days' written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fail to give a reminder notice, 30 days' written notice to move out is required. (d) You must get from us a written acknowledgment of your notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions if they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges —including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond Page5 of 6 normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). 26.2. Move -Out Inspection. We may, but are not obligated to, provide a joint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living in the apartment in our reasonable judgment; or (B) apartment keys and ac- cess devices listed in Par. 2.1 have been turned in to us —whichever happens first. You have abandoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (B) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions; and remove or store property left in the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that in our solejudgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or if you surrender or abandon the apartment. We're not liable for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away 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. 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association for the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable by us (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply if both of the following occur: (1) this Lease is automatically renewed on a month -to -month basis more than once after membership in TAA and the local association has lapsed; and (2) neitherthe owner northe man- agement company is a member of TAA and the local association during the third automatic renewal. A signed affidavit from the affiliated local apartment association attesting to nonmembership when this Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may use TAA forms if TAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severabilityand Survivability. If any provision of this Lease is inval- id or unenforceable under applicable law, it won't invalidate the re- mainder of this Lease or change the intent of the parties. Paragraphs 10.1,10.2, 16,22.1,27,30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 31. Waivers. By signing this Lease, you agree to the following: 31.1. Class Action Waiver. You agree that you will not participate in any class action claims against us or our employees, agents, or management company. You must file any claim against us individually, and you expressly waive your right to bring, represent join or otherwise maintain a class action, collective action orsimilar proceeding against us in any forum. YOU UNDERSTAND THAT. WITHOUTTHIS WAIVER, YOU COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY SIGNING THIS LEASE, YOU ACCEPTTHIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. 31.2. Force Majeure. If we are prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond our control, including but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions in this Lease. Notwithstanding anything to the contrary in this lease agreement regarding Money Orders, the only Money Orders that will be allowed and accepted by landlord are electronic eMoney Orders. No cash or temporary checks accepted. No checks accepted after the third of the month. After two NSF's, all payments must be by certified funds. All Community Policies and Addendums apply to the lease. Month to Month leases are not offered. Failure to renew and re -certify prior to the end of your lease term will result in termination of residency. Before submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. You are bound by this Lease when it is signed. An electronic signature is binding. This Lease, including all addenda, is the entire agreement between you and us. You agree that you are NOT relying on any oral representations. Resident or Residents (all sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (signing on behalf of owner) 6 of 6 Bed Bug Addendum IIS7:As. A3":41fI S IFN I ssstx.IVlit ON Please note: We want to maintain a high -quality living environment for you. 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: Apt. # 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 any infestation of bed bugs (Cimex lectularius) that might be found in the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum. 3. Inspection and Infestations. We are not aware of any current evidence of bed bugs or bed -bug infestation in the dwelling. BY SIGNING THIS ADDENDUM, YOU REPRESENT THAT: • YOU HAVE INSPECTED THE DWELLING BEFORE MOVING IN OR SIGNING THIS ADDENDUM, AND YOU DID NOT FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES- TATIONS, OR • YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES- TATION. Access for Inspection and Pest Treatment. You must allow us and our pest -control agents access to the dwelling at reasonable times to inspect for or treat bed bugs. We can also inspect and treat adjacent or neighboring dwellings to the infestation, even if those dwellings are not the source or cause of the known infestation. Si- multaneously as we treat the dwelling, you must, at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest -control firm that we approve. You agree not to treat the dwell- ing for a bed -bug infestation on your own. 5. Notification. You must promptly notify us: of any known or suspected bed -bug infestation or presence in the dwelling, or in any of your clothing, furniture, or per- sonal property; of any recurring or unexplained bites, stings, irritations, or sores on the skin or body that you believe are caused by bed bugs, or by any condition or pest you believe is in the dwell- ing; AND if you discover any condition or evidence that might indicate the presence or infestation of bed bugs, or if you receive any confirmation of bed -bug presence by a licensed pest -control professional or other authoritative source. 6. Cooperation. If we confirm the presence or infestation of bed bugs, you must cooperate and coordinate with us and our pest -control agents to treat and eliminate them. You must follow all directions from us or our agents to clean and treat the dwelling and building that are infested. If you don't cooperate with us, you will be in de- fault and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease. 7. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or infestation of bed bugs after you move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents in order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expens- es we incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate infestations in other dwellings. If you don't pay us for any costs you are liable for, you will be in default and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease, and we may take immediate possession of the dwelling. If you don't move out after your right of occupancy has been terminated, you will be liable for holdover rent under the Lease. 8. Transfers. If we allow you to transfer to another dwelling in the com- munity because of the presence of bed bugs, you must have your personal property and possessions treated according to accepted treatment methods or procedures established by a licensed pest - control professional. You must provide proof of such cleaning and treatment to our satisfaction. This Addendum is part of your Lease. You are legally bound by this document. Please read it carefully. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Date signed TAA Official Statewide Form 23-JJ, Revised October, 2023 Copyright 2023, Texas Apartment Association, Inc. 8 INSURANCE ADDENDUM 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Texas OR the house, duplex, etc. located at (street address) in , Texas. The terms of this addendum will control if the term of the Lease and this addendum conflict. Required Insurance Policy. In accordance with the Lease, you understand and agree that this addendum requires Resident, at Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides limits of liability to third parties in amount not less than $ 100000.00 per occurrence. The liability insurance policy Resident buys and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another entity designated by Owner) as an "Interested Party" or "Party of Interest" that will be notified by the insurer of any cancellation, non - renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company, licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by any insurance company. At all times you have been and remain free to contract for the required insurance with the insurance carrier of your choosing. 4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $ (which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach of this insurance addendum), Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum for a one -month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph for any subsequent months. The foregoing payments are due on the 1st day of the month following the calendar month (or part thereof) during which you do not have the required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance coverage. NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY. I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum] Signature of All Residents Signature of Owner or Owner's Representative Texas Apartment Association ■�.�Is� Animal Addendum I I-.\ 5.5 SI': SAl 511 ". I' ASSOC:1AVI'lON Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do not properly control and care for an animal, you'll be liable if it causes damage or disturbs other residents. 1. Dwelling Unit. . 2. Lease. Owner's name: WESTLAND APTS, LLC 3. Conditional Authorization for Animal. You may keep the animal or animals described below in the dwelling until the Lease expires. We may terminate this authorization sooner if your right of occupancy is lawfully terminated or if in our judgment you, your animal, your guest, or any occupant violates any of the rules in this addendum. 4. Animal Deposit. You must pay a one-time animal deposit of $ 150.00 when you sign this addendum. This deposit is in addition to your total security deposit under the Lease, which is a general security deposit for all purposes. Refund of the total security deposit is subject to the terms and conditions in the Lease, and this animal -deposit portion of the total deposit is not separately refund- able even if the animal is removed. 5. Assistance or Service Animals. When allowed by applicable laws, we may require written verification of or make other inquiries regarding the disability -related need for an assistance or service animal for a per- son with a disability. We will not charge an animal deposit, additional rent, or other fee for any authorized assistance or service animal. Ex- cept as provided by applicable law, all other provisions of this adden- dum apply to assistance or service animals. 6. Search and Rescue Dogs. We may ask the handler of a search and rescue dog for proof he or she is a person with a certification issued by a nationally recognized search and rescue agency before we authorize a search and rescue dog. If we authorize a search and rescue dog, we will not charge an animal deposit, additional rent or other fee for any such dog. Except as provided by applicable law, all other provisions of this addendum apply to search and rescue dogs. 7. Additional Monthly Rent. Your monthly base rent (as stated in the Lease) will be increased by $ 25.00 8. Additional Fee. You must also pay a one-time nonrefundable fee of $ 150.00 to keep the animal in the dwelling unit. The fee is due when you sign this addendum. 9. Liability Not Limited. The additional monthly rent and additional security deposit under this Animal Addendum do not limit residents' liability for property damage, cleaning, deodorization, defleaing, re- placements, or personal injuries. 10. Description of Animal. You may keep only the animal or animals de- scribed below. You may not substitute any other animal. Neither you nor your guests or occupants may bring any other animal —mammal, reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the dwelling or apartment community. Animal's name: Type: Breed: Color: Weight: Age: City of license: J2022 TEXAS APARTMENT ASSOCIATION. INC. License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: 11. Special Provisions. The following special provisions control over any conflicting provisions of this addendum: Two (2) nets maximum ner unit. Pet(s) must be on leash at all times. Pet(s) are not allowed to roam the common areas. No pets over 25 lbs. at maturity are allowed. Please provide proof of current inoculations, as well as vet statement. 12. Emergency. In an emergency involving an accident or injury to your animal, we have the right —but not the duty —to take the animal to the following veterinarian for treatment, at your expense. Doctor: Address: City/State/Zip: Phone: () 13. Animal Rules. You are responsible for the animal's actions at all times. You agree to follow these rules: 13.1 Shots and Licenses. The animal at all times must have current rabies shots and licenses required by law. You must show us evi- dence of the shots and licenses if we ask. 13.2 Disturbances. The animal must not disturb the neighbors or other residents, regardless of whether the animal is inside or outside the dwelling. 13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or service animals, and search and rescue dogs must be house- broken. All other animals must be caged at all times. No animal offspring are allowed. 13.4 Indoor Waste Areas. Inside, the animal may urinate or defe- cate only in these designated areas: Cats — Litter Box 13.5 Outdoor Waste Areas. Outside, the animal may urinate or def- ecate only in these designated areas: Designated Areas 13.6 Tethering. Animals may not be tied to any fixed object any- where outside the dwelling units, except in fenced yards (if any) for your exclusive use. CONTINUED ON BACK / 13.7 Off -Limit Areas. You must not let an animal —other than an assistance or service animal —into swimming -pool areas, laun- dry rooms, offices, clubrooms, other recreational facilities, or other dwelling units besides your own, except that search and rescue dogs shall be allowed to use areas of the property ac- cessible to the general public, such as the leasing office. Cer- tain service animals in training shall also be allowed to use those areas when accompanied by an approved trainer. 13.8 Food & Water. Your animal must be fed and given water in- side the dwelling unit. You may not leave animal food or water outside the dwelling unit at any time, except in fenced yards (if any) for your exclusive use. 13.9 Leash. You must keep the animal on a leash and under your su- pervision when outside the dwelling or in any private fenced area. We or our representative may pick up unleashed animals, report them to the proper authorities, or do both. We'll charge you a rea- sonable fee for picking up and keeping unleashed animals. 13.10Animal Waste. Unless we have designated a particular area in your dwelling unit or on the grounds for animal defecation and urination, you are prohibited from letting an animal defecate or urinate anywhere on our property and you must take the ani- mal off our property for that purpose. If we allow animal defeca- tion inside the unit, you must ensure that it's done in a litter box with a kitty -litter -type mix. If the animal defecates anywhere on our property (including in a fenced yard for your exclusive use), you must immediately remove the waste and repair any damage. In addition to the terms of this addendum, you must comply with all local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from time to time if we distribute a written copy of any changes to every resident who is allowed to have animals. 15. Violation of Rules. If you, your guest, or any occupant violates any rule or provision of this addendum (in ourjudgment) and we give you written notice of the violation, you must remove the animal immedi- ately and permanently from the premises. We also have all other rights and remedies set forth in the Lease, including eviction and recovering damages and attorney's fees from you. 16. Complaints About Animal. If we receive a reasonable complaint from a neighbor or other resident or if we, in our sole discretion, determine that the animal has disturbed neighbors or other residents, we will give you written notice and you must immediately and permanently remove the animal from the premises. 17. Our Removal of an Animal. In some circumstances, we may enter the dwelling unit and remove the animal within one day after leaving a written notice in a conspicuous place. 17.1 Causes for Removal. We can remove an animal under this para- graph if, in our solejudgment, you have: (A) abandoned the animal; (B) left the animal in the dwelling unit for an extended period of time without food or water; (C) failed to care for a sick animal; (D) violated our animal rules; OR (E) let the animal defecate or urinate where it's not allowed. 17.2 Removal Process. To remove an animal, we must follow the procedures in the Lease, and we may turn the animal over to a humane society or local authority. We'll return the animal to you upon request if we haven't already turned it over to a humane society or local authority. We don't have a lien on the animal for any purpose, but you must pay for reasonable care and ken- neling charges for the animal. If you don't pick up the animal within five days after we remove it, it will be considered aban- doned. 18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear and tear resulting from an assistance or service animal, you and all co - residents are jointly and severally liable for the entire amount of any damage the animal causes, Including cleaning, defleaing, or deodor- izing. This provision applies to all parts of the dwelling unit including carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and appliances, as well as landscaping and other outside improvements. If an 'item cannot be satisfactorily cleaned or repaired, you must pay for us to replace it. Payment for damage, repairs, cleaning, replacements, and the like are due immediately upon demand. As the owner, you're strictly liable for the entire amount of any injury that your animal causes to an- other person or to anyone's property. You indemnify us for all costs of litigation and attorney's fees resulting from any such injury or damage. 20. Multiple Residents. Each resident who signed the Lease must also sign this addendum. You, your guests, and any occupants must follow all animal rules. Each resident is jointly and severally liable for dam- ages and all other obligations set forth In this addendum, even if the resident does not own the animal. 21. Dog Park. We may provide an area to be used as a dog park. While using the park, you will be required to supervise your dog, but may remove the leash. Leashes must be used while traveling to and from the park. The park is not supervised or monitored in any way, and you use the park at your own risk. We are not liable for any injury, damage or loss which is caused as a result of any problem, defect or malfunc- tion of the park. We are also not liable for injury, damage or loss to any person, animal or property caused by any other person or animal, including, but not limited to, dog bite, trespass, assault or any other crime. Furthermore, we are not liable for any disruption in the park's operation or performance. You hereby release us and our agents, con- tractors, employees and representatives from any liability connected with the park. You agree to be responsible for any property damage caused by you, your guests or other occupants to the park. You un- derstand that participating in any activity at the park carries a risk of injury, and you are willing to assume this risk. We make no representa- tions or warranties of any kind regarding the park. 22. General. You acknowledge that no other oral or written agreement exists regarding animals. Except for any special provisions noted in paragraph 11 above, our representative has no authority to modify this addendum or the animal rules except in writing as described under paragraph 14, This Animal Addendum and the animal rules are consid- ered part of the Lease described above. 23. Animal Restrictions. No animal will be allowed that poses a threat to any other person. You represent that your animal(s) does not pose a danger or threat of any kind to any person or property; has not dis- played vicious, aggressive or dangerous behavior; and has never be- fore injured you or any other person or animal or caused any dam- age to your property or another person's property. You affirmatively represent and warrant that you have never had a claim or lawsuit filed against you or anyone else for an injury or damage caused by or re- lated to the animal. You understand and agree that the approval of the animal to live in your apartment is expressly conditioned upon all of the forgoing being true and if you have made any misrepresentation it is a violation of the Lease. You are legally bound by this document. Please read it carefully. You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Resident or Residents (all sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (sign below) 19. Move -Out. Except for reasonable wear and tear resulting from an as- sistance or service animal, when you move out, you'll pay for deflea- ing, deodorizing, and shampooing to protect future residents from possible health hazards, regardless of how long the animal was there. We —not you —will arrange for these services. // Mold Information and Prevention 1,.VIN,>,VW1SlFNI AS'AH:1,Vl,O Addendum Please note: We want to maintain a high -quality living environment for our residents. To help achieve this goal, it is important that we work together to minimize any mold growth in your dwelling. This Addendum contains important information for you, and responsibilities for both you and us. 1. Addendum. This is an addendum between the Residents and 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 where dwelling is located: 2. About Mold. Mold is found everywhere in our environment, both indoors and outdoors and in both new and old structures. To avoid mold growth, it's important to prevent excess moisture buildup in your dwelling. Promptly notify us in writing about any air-condi- tioning or heating -system problems and any signs of water leaks, water infiltration or mold. We will respond in accordance with state law and the Lease to repair or remedy the situation. If small areas of mold have already accumulated on nonporous surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood, or plastic), the Environmental Protection Agency recommends that you first clean the areas with soap (or detergent) and water and let the surface dry thoroughly. When the surface is dry —and within 24 hours of cleaning —apply a premixed spray -on household biocide. Do not clean or apply biocides to visible mold on porous sur- faces such as sheetrock walls or ceilings or to large areas of visible mold on nonporous surfaces. Instead, notify us in writing and we will take appropriate action to comply with Section 92.051 et seq. of the Texas Property Code, subject to the special exceptions for natu- ral disasters. If you fail to comply with this addendum, you can be held respon- sible for property damage to the dwelling and any health problems that may result. 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 (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (sign below) You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Date signed TAA Official Statewide Form 23-FF, Revised October, 2023 Copyright 2023, Texas Apartment Association, Inc... ■.r11 t�`\ TV\ Vs ,tixu r\iit\ I I 4 riu\ 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 house, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclaim any express or implied warranties of security. We care about your safety and that of other occupants and guests. No security system is failsafe Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and hu- man error. The best safety measures are the ones you perform as a matter of common sense and habit. Inform all other occupants in your dwelling, including any children you may have, about these guidelines. We recom- mend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: In case of emergency, call 911. Always report emergencies to authorities first and then contact the management. Report any suspicious activity to the police first, and then follow up with a written notice to us. Know your neighbors. Watching out for each other is one of the best defenses against crime. Resident or Residents (all sign below) (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed • 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 toyour car or home. • Do not go inside if you arrive home and find your door open. Call the policefrom another location andaskthem to meet you before entering. • Make sure locks, latches and sliding glass doors are properly secured at all times. • Use the keyless deadbolt in your unit when you are at home. • Don't put your name or address on your key ring or hide extra keys in obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekeyyour locks atyourexpense, in accordance with the Lease. Checkthedoorviewerbeforeansweringthedoor. 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 c heck your secu rity devices, smoke a la rms a nd other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. • Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke alarms and other detection devices , as well as anyother malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. Owner or Owner's Representative (sign below) You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Date signed TAA Official Statewide Form 15-M, Revised October, 2015 LI Copyright 2015, Texas Apartment Association, Inc. ... �. Lease Contract Addendum for Units ■.��i'1 Participating in Government Regulated Affordable Housing Programs Addendum. This is an addendum to the Lease Contract 6.2 ("Lease") executed by you, the resident(s), on the dwelling you have agreed to rent. That dwelling is: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) 6.3 City/State where dwelling is located 2. Participation in Government Program. We, as the owner of the dwelling you are renting, are participating in a government regulated affordable housing program.This program requires both you and us to verify certain information and to agree to certain provisions contained in this addendum. 3. Accurate Information inApplication.Bysigningthis adden- dum, you are certifying that the information provided in the Rental Application or any Supplemental Rental Application regarding your household annual income istrueand accurate. 4. Request(s) for Information. By signing this addendum, you agreethattheannual income andothereligibilityrequirements for participation in this government regulated affordable housing program are substantial and material obligations under the Lease. Within seven days after our request, you agree to comply with our requests for information regard- ing annual income and eligibility, including requests by the ownerand the appropriate government monitoring agency. These requests to you may be made to you now and anytime during the Lease term or renewal period. 5. Failure to Answer or Inaccurate Information May Be Good Cause Groundsfor Eviction. If you refuse to answerordo not provide accurate information in response to the requests in Par. 4 above, it may be considered a substantial violation of the Lease and good cause grounds for terminating and/or not renewing your Leaseand foran eviction. It makes no difference whether the inaccuracy of the information you furnished was intentional or unintentional. 6. Termination or Non -Renewal of Lease for Housing Tax Credit (HTC), HOME Program, NHTF Program and Prop- erties Owned by Public Facility Corporations. Provisions in Par. 6-6.5 of this Addendum shall apply only to residents living in a dwelling covered by the HTC, NHTF and HOME programs or properties owned by a PFC under Texas Local Government Code. Par. 6-6.5 of this Addendum also override any contrary provisions contained in the Lease. We will not evict a resident solely on the basis that the resident is or has been a victim of domestic violence, sexual assault or stalking, or has participated, testified or assisted in any matter covered by the Violence Against Women Act 2022. 6.1 Housing Tax Credit Program. For rental properties par- ticipating in the HTC program, IRS Revenue Ruling 2004-82 provides that a property owner may not evict a resident or terminate a tenancy except for good cause. In addition, for HTC units, we must provide the notice required under the Lease if evicting during the lease term or if terminat- ing your residency at the end of an initial or renewal term. In addition, for HTC units, we must provide written notice specifying the grounds for eviction during the lease term or if we terminate your residency at the end of the initial or renewal term. HOME Program. For rental properties participating in the HOME program, federal regulation 24 CFR 92.253 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period forTransitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leases for reasons other than good cause are prohibited. In addition, for HOME program units, the property owner must provide a resident with at least 30 days written notice before either seeking an eviction or not renewing a Lease. The written notice must specify the grounds for eviction or nonrenewal of the Lease. NHTF Program. For rental properties participating in the NHTF program, federal regulation 24 CFR 93.303 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period forTransitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leases for reasons other than good cause are prohibited. In addition, for NHTF program units, the property owner must provide a written notice that specifies the grounds for eviction or nonrenewal of the Lease. 6.4 Properties Owned by PFCs. For PFC-owned properties, the owner may only refuse to renew the lease if the resident: (1) if in material noncompliance with the Lease, including nonpayment of rent; (2) committed one or more substan- tial violations of the Lease; (3) failed to provide required information on income, composition, or eligibility of the resident's household; or (4) committed repeated minor violations of the Lease that disrupt the livability of the prop- erty, adversely affect the health and safety of any person or right of quiet enjoyment of the lease premises and related development facilities, interfere with management of the development or have an adverse financial effect on the development, including failure of the resident to pay rent in a timely manner. In addition, we must provide a resident with at least 30 days written notice of nonrenewal of the Lease. The owner may not retaliate or take action against a resident or the resident's guests because the resident established, attempted to establish or participated in a resident organization. 6.5 Good Cause. If challenged by a resident, a court may deter- mine if a property owner has good cause to evict, terminate a tenancy or not renew the Lease. We must provide a 30 -day written notice before seeking an eviction for nonpayment of rent. Ifthe CARES Act is modified to eliminate the 30 -day notice requirement, HUD or Treasury requirements will supersede this 30 -day notice requirement for nonpaymentofrent. "Good cause" may include, but is not limited to, nonpayment of rent, failure to answer or provide accurate information, as required by Par. 4 and 5 of this Addendum, serious or repeated Lease violations, or breaking the law. No Lien or Lockout for Unpaid Sums. For rental proper- ties that are supported by HTC allocations, sec. 2306.6738, Texas Government Code, prohibits such property owners from threatening orconducting a lockout unless: allowed by judicial process; necessaryto perform repairs orconstruction work; orrespondingtoan emergency. Personaipropertyofa residentmaynot beseized orthreatened to be seized except by judicial process unless the premises has been abandoned as required by24 CFR 92.253. TAA Official Statewide Form 23-V, Revised July, 2023 Copyright 2023, Texas Apartment Association, Inc /4 8. Insurance. Insurance is not required butisstilIstronglyrecom- 10. Conflict with Governing Law. To the extent that any part of mended. Though not required, we urge you to get your own your Lease or this addendum conflicts with applicable federal, insurance for losses due to theft, fire, water, pipe leaks, and state, or local laws or regulations, the law or regulation over - similar occurrences, rides that portion of your Lease or this addendum. 9. Student Status.Bysigningthisaddendum,youagreetonotify the owner, in writing, if there are any changes in the student status of any residents (including replacement residents) occupying the unit. Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) (Name of Resident) Date signed Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed TAA Official Statewide Form 23-V, Revised July, 2023 Copyright 2023, 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) , Texas. OR the house, duplex, etc. located at (street address) 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. 4. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in the previous calendar year was $ per unit, varying from $ to $ for the lowest to highest month's bills for any unit in the apartment community for this period, if such information is available. The above amounts do not reflect future changes in utility company water rates, weather variations, total water consumption, residents' water consumption habits, etc. 5. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills from the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will be between you and us. One of the following applies: ® Submeter billing procedures A. Your monthly water and wastewater bill will be submetered. Please see the applicable rules of the PUC (attached). B. As permitted by state law, a service fee of 9 % (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 fail 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 day of the month to the day of the month, the latter being our scheduled submeter-reading date. Your bill will be calculated in accordance with PUC rules and this Addendum and will be prorated for the first and last months you live in the unit. O Allocation billing procedures A. Your monthly water and wastewater bill will be allocated. Please see the applicable rules of the PUC (attached). B. Common area deduction. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the total mastermeter water/wastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be included in the bill except your unpaid balances and any late fees you incur. If we fail 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 24 281 of the PUC rules (check only one): O subdivision (i) actual occupancy; O subdivision (ii) ratio occupancy (PUC average for number of occupants in unit); D subdivision (iii) average occupancy (PUC average for number of bedrooms in unit); O subdivision (iv) combination of actual occupancy and square feet of the apartment; or O subdivision (v) submetered hot/cold water, ratio to total. D. The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about the day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by allocated billings. Special provisions: Signatures of All Residents Signature of Owner or Owner's Representative REDBOOK ONLINE Texas Apartment Association / Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In accordance with PUC rules, a copy of the applicable rules is provided to you below: SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION § 24.275. General Rules and Definitions (a) Purpose and scope. The provisions of this subchapter are intended to establish a comprehensive regulatory system to assure that the practices involving submetered and allocated billing of dwelling units and multiple use facilities for water and sewer utility service are just and reasonable and include appropriate safeguards for tenants. (b) Application. The provisions of this subchapter apply to apartment houses, condominiums, multiple use facilities, and manufactured home rental communities billing for water and wastewater utility service on a 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, an administrative fee, a fee relating to upkeep or management of chilled water, boiler, heating, ventilation, air conditioning, or other building system, or any other amount that is unrelated to water and sewer utility service costs. (c) Definitions. The following words and terms, when used in this subchapter, have the defined meanings, unless the context clearly indicates otherwise. (1) Allocated utility service —Water or wastewater utility service that is master metered to an owner by a retail public utility and allocated to tenants by the owner, (2) Apartment house --A building or buildings containing five or more dwelling units that are occupied primarily for nontransient use, including a residential condominium whether rented or owner occupied, and if a dwelling unit is rented, having rent paid at intervals of one month or more. (3) Condominium manager —A condominium unit owners' association organized under Texas Property Code §82.101, or an incorporated or unincorporated entity comprising the council of owners under Chapter 81, Property 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. (5) Dwelling unit —One or more rooms in an apartment house or condominium, suitable for occupancy as a residence, and containing kitchen and bathroom facilities; a unit in a multiple use facility; or a manufactured home in a manufactured home rental community. (6) Dwelling unit base charge --A flat rate or fee charged by a retail public utility for each dwelling unit recorded by the retail public utility. (7) Manufactured home rental community —A property on which spaces are rented for the occupancy of manufactured homes for nontransient 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 facilities, and dwelling units. (9) Multiple use facility --A commercial or industrial park, office complex, or marina with five or more units that are occupied primarily for nontransient use and are rented at intervals of onemonth 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 nonsubmetered master metered utility service to the tenant's dwelling unit after a violation occurred relating to the assessment of a portion of utility costs in excess of the amount the tenant would have been charged under this subchapter. Overcharge and Overbilling have the same meaning. (12) Owner --The legal titleholder of an apartment house, a manufactured home rental community, or a multiple use facility; and any individual, firm, or corporation expressly identified in the lease agreement as the landlord of tenants in the apartment house, manufactured home rental community, or multiple use facility. The term does not include the manager of an apartment home unless the manager is expressly identified as the landlord in the lease agreement. (13) Point -of -use submeter--A device located in a plumbing system to measure the amount of water used at 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 utility service; water utility service measured by point -of - use submeters 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 submeters. (15) Tenant --A person who owns or is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and, if rent is paid, who is obligated to pay for the occupancy under a written or oral rental agreement. (16) Undercharge —The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit less than the amount the tenant would have been charged under this subchapter. Undercharge and Underbilling have the same meaning. (17) Utility costs —Any amount charged to the owner by a retail public utility for water or wastewater service. Utility Costs and Utility Service Costs have the same meaning. (18) Utility service —For purposes of this subchapter, utility service includes only drinking water and wastewater. § 24.277. Owner Registration and Records (a) Registration. An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission in a form prescribed by the commission. (b) Water quantity measurement. Except as provided by subsections (c) and (d) of this section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of: (1) submeters, owned by the property owner or manager, for each dwelling unit or rental unit; or (2) individual meters, owned by the retail public utility, for each dwelling unit or rental unit. (c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides government assisted or subsidized rental housing to low or very low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters 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 submeters or individual meters. A retail public utility may charge reasonable costs to install individual meters. (e) Records. The owner shall make the following records available for inspection by the tenant or the commission or commission staff at the on -site manager's office during normal business hours in accordance with subsection (g) of this section. The owner may require that the request by the tenant be in writing and include: (1) a current and complete copy of TWC. Chapter 13, Subchapter M; (2) a current and complete copy of this subchapter; (3) a current copy of the retail public utility's rate structure applicable to the owners bill; (4) information or tips on how tenants can reduce water usage; (5) the bills from the retail public utility to the owner; (6) for allocated billing: (A) the formula, occupancy factors, if any, and percentages used to calculate tenant bills; (B) the total number of occupants or equivalent occupants if an equivalency factor is used under §24.281(e)(2) of this title (relating to Charges and Calculations); and (C) the square footage of the tenant's dwelling unit or rental space and the total square footage of the apartment house, manufactured home rental community, or multiple use facility used for billing if dwelling unit size or rental space is used; (7) for submetered billing: (A) the calculation of the average cost per gallon, liter, or cubic foot; (B) 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 test results; (8) the total amount billed to all tenants each month; (9) total revenues collected from the tenants each month to pay for water and wastewater service; and (10) any other information necessary for a tenant to calculate and verify a water and wastewater bill. (f) Records retention. Each of the records required under subsection (e) of this section shall be maintained forthe 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 (a) of this section are maintained at the on -site manager's office, the owner shall make the records available for inspection at the on -site manager's office within three days after receiving a written request. (2) If the records required under subsection (e) of this section am not routinely maintained at the on -site manager's office, the owner shall provide copies of the records to the on -site manager within 15 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 tenant's dwelling unit at a time agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant. (4) Copies of the records may be provided by mail 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 state in writing: (1) the tenant will be billed by the owner for submetered or allocated utility services, whichever is applicable; (2) which utility services will be included in the bill issued by the owner; (3) any disputes relating to the computation of the tenant's bill or the accuracy of any submetering device will be between the tenant and the owner; (4) the average monthly bill for all dwelling units in the previous calendar year and the highest and lowest month's bills for that period; (5) if not submetered, a dear description of the formula used to allocate utility services; (6) information regarding billing such as meter reading dates, billing dates, and due dates; (7) the period of time by which owner will repair leaks in the tenant's unit and in common areas, if common areas are not submetered; (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 time a rental agreement is discussed, the owner shall provide a copy of this subchapter or a copy of the mles to the tenant to inform the tenant of his rights and the owner's 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 least 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. (e) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapter is void. § 24.281. Charges and Calculations (a) Prohibited charges. Charges billed to tenants for submetered or allocated utility service may only include bills for water or wastewater from the retail public utility and must not include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees. (b) Dwelling unit base charge. If the retail public utility's rate structure includes a dwelling unit base charge, the owner shall bill each dwelling unit for the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c) Customer service charge. If the retail public utility's rate structure includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submetered utility service. The tenant's submetered charges must include the dwelling unit base charge and customer service charge, if applicable, and the gallonage charge and must be calculated each month as follows: (1) water utility service: the retail public utility's total monthly charges for water service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2) wastewater utility service: the retail public utility'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 submetered water and wastewater service, except when; (A) the resident resides in a unit of an apartment house that has received an allocation of low income housing tax credits under Texas Government Code, Chapter 2306, Subchapter DD; or (B) the apartment resident receives tenant -based voucher assistance under United States Housing Act of 1937 Section 8, (42 United States Code, §1437f); and (4) final bill on move -out for submetered service: if a tenant moves out during a billing period, the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner is billing using the average water or wastewater cost per gallon. liter, or cubic foot as described in paragraph (1) of this subsection, the owner may calculate the tenant's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption for the billing period. (e) Calculations for allocated utility service. (1) Before an owner may allocate the retail public utility's master meter bill for water and sewer service to the tenants, the owner shall first deduct: (A) dwelling unit base charges or customer service charge, if applicable; and (B) common area usage such as installed landscape irrigation systems, pools, and laundry rooms, if any, as follows: (i) if all common areas are separately metered or submetered, deduct the actual common area usage; (ii) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is an installed landscape irrigation system, deduct at least 25% of the retail public utility's master meter bill; (iii) if all water used for an installed landscape irrigation system Is metered or submetered and there are other common areas such as pools or laundry rooms that are not metered or submetered, deduct at least 5% of the retail public utility's 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 5% of the retail public utility's master meter bill. (2) To calculate a tenant's bill: (A) for an apartment house, the owner shall multiply the amount established in paragraph (1) of this subsection by: (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 (ii) the number of occupants in the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants in all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use in units that are occupied by multiple tenants. The ratio occupancy formula that is used must assign a fractional portion per tenant of no less than that on the following scale: (I) 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 determined by the following occupancy formula. The formula must calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants in each of the dwelling unit's bedrooms or all dwelling units: (I) dwelling unit with an efficiency = 1; (II) dwelling unit with one bedroom = 1.6; (III) dwelling unit with two bedrooms = 2.8; (IV) dwelling unit with three bedrooms = 4 + 1,2 for each additional bedroom; or (iv) a factor using a combination of square footage and occupancy in which no more than 50% is based on square footage. The square footage portion must be based on the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house; or (v) the individually submetered hot or cold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage in all dwelling units; (B) a condominium manager shall multiply the amount established in paragraph (1) of this subsection by any of the factors under subparagraph (A) of this paragraph or may follow the methods outlined in the condominium contract; (C) fora manufactured home rental community, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) 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, the owner shall multiply the amount established in paragraph (1) of this subsection by: (I) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the square footage of the rental space divided by the total square footage of all rental spaces. (3) If a tenant moves in or out during a billing period, the owner may calculate a bill for the tenant. If the tenant moves in during a billing period, the owner shall prorate the bill by calculating a bill as if the tenant were there for the whole month and then charging the tenant for only the number of days the tenant lived in the unit divided by the number of days in the month multiplied by the calculated bill. If a tenant moves out during a billing period before the owner receives the bill for that period from the retail public utility, the owner may calculate a final bill. The owner may calculate the tenant's bill by calculating the tenant's average bill for the last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month. (f) Conversion to approved allocation method. An owner using an allocation formula other than those approved in subsection (e) of this section shall immediately provide notice as required under §24.279(c) of this title (relating to Rental Agreement) and either: (1) adopt one of the methods in subsection (e) of this section; or (2) install submeters and begin billing on a submetered basis; or (3) discontinue billing for utility services. § 24.283. Billing (a) Monthly billing of total charges. The owner shall bill the tenant each month for the total charges calculated under §24.281 of this title (relating to Charges and Calculations). If it is permitted in the rental agreement, an occupant or occupants who are not residing in the rental unit for a period longer than 30 days may be excluded from the occupancy calculation and from paying a water and sewer bill for that period. (b) Rendering bill. (1) Allocated bills shall be rendered as promptly as possible after the owner receives the retail public utility bill. (2) Submeter bills shall be rendered as promptly as possible after the owner receives the retail public utility bill or according to the time schedule in the rental agreement if the owner is billing using the retail public utility's rate. (c) Submeter reading schedule. Submeters or point -of -use submeters 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 if the owner is billing using the retail public utility's rate. (d) Billing period. (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) Submeter bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. If the owner uses the retail public utility's actual rate, the billing period may be an alternate billing period specified in the rental agreement. (e) Multi -item bill. If issued on a multi -item bill, charges for submetered or allocated utility service must be separate and distinct from any other charges on the bill. (f) Information on bill. The bill must clearly state 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 retail public utility and a statement that the bill is not from the retail public utility; (6) name and address of the tenant to whom the bill is applicable; (7) name of the firm rendering the bill and the name or title, address, and telephone number of the firm or person to be contacted in case of a billing dispute; and (8) name, address, and telephone number of the party to whom payment is to be made. (g) Information on submetered service. In addition to the information required in subsection (f) of this section, a bill for submetered service must include all of the following: (1) the total number of gallons, liters, or cubicfeet submetered or measured by point -of -use submeters; (2) the cost per gallon, liter, 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 16 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 date 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, submeter, 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 estimate and the subsequent bill must reflect an adjustment for actual charges. (j) Payment by tenant. Unless utility bills are paid to a third -party billing company on behalf of the owner, or unless clearly designated by the tenant, payment must be applied first to rent and then to utilities. (k) Overbilling and underbilling. If a bill is issued and subsequently found to be in error, the owner shall calculate a billing adjustment. If the tenant is due a refund, an adjustment must be calculated for all of that tenant's bills that included overcharges. If the overbilling or underbilling affects all tenants, an adjustment must be calculated for all of the tenantsbills. If the tenant was undercharged, and the cause was not due to submeter or point -of -use submeter error, the owner may calculate an adjustment for bills issued in the previous six months. If the total undercharge is $25 or more, the owner shall offer the tenant a deferred payment plan option, for the same length of time as that of the underbilling. Adjustments for usage by a previous tenant may not be back billed to a current tenant. (I) Disputed bills. In the event of a dispute between a tenant and an owner regarding any bill, the owner shall investigate the matter and reportthe results of the investigation to the tenant in writing. The Investigation and report must be completed within 30 days from the date the tenant gives written notification of the dispute to the owner. (m) Late fee. A one-time penalty not to exceed 5% may be applied to delinquent accounts. If such a penalty is applied, the bill must indicate the amount due if the late penalty is incurred. No late penalty may be applied unless agreed to by the tenant in a written lease that states the percentage amount of such late penalty. § 24.285. Complaint Jurisdiction (a) Jurisdiction. The commission has exclusive jurisdiction for violations under this subchapter. (b) Complaints. If an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a commission rule regarding utility costs, the person claiming the violation may file a complaint with the commission and may appear remotely for a hearing. § 24.287. Submeters or Point -of -Use Submeters and Plumbing Fixtures (a) Submeters or point -of -use submeters. (1) Same type submeters or point -of -use submeters required. All submeters or point -of -use submeters throughout a property must use the same unit of measurement, such as gallon, liter, or cubic foot. (2) Installation by owner. The owner shall be responsible for providing, installing, and maintaining all submeters or point -of -use submeters necessary for the measurement of water to tenants and to common areas, if applicable. (3) Submeter or point -of -use submeter tests prior to installation. No submeter or point -of -use submeter may be placed in service unless its accuracy has been established. If any submeter or point -of -use submeter is removed from service, it must be properly tested and calibrated before being placed in service again. (4) Accuracy requirements for submeters and point -of -use submeters. Submeters must be calibrated as close as possible to the condition of zero error and within the accuracy standards established by the American Water Works Association (AWWA) for water meters. Point -of -use submeters must be calibrated as closely as possible to the condition of zero error and within the accuracy standards established by the American Society of Mechanical Engineers (ASME) for point -of -use and branch -water submetering systems. (5) Location of submeters and point -of -use submeters. Submeters and point -of -use submeters must be installed in accordance with applicable plumbing codes and AWWA standards for water meters or ASME standards for point -of -use submeters, and must be readily accessible to the tenant and to the owner for testing and inspection where such activities will cause minimum interference and inconvenience to the tenant. (6) Submeter and point -of -use submeter records. The owner shall maintain a recordon each submeter or point -of -use submeter which includes: (A) an identifying number; (B) the installation date (and removal date, if applicable); (C) date(s) the submeter or point -of -use submeter was calibrated or tested; (D) copies of all tests; and (E) the current location of the submeter or point -of -use submeter. (7) Submeter or point -of -use submeter test on request of tenant. Upon receiving a written request from the tenant, the owner shall either: (A) provide evidence, at no charge to the tenant, that the submeter or point -of -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 point -of -use submeters; or (B) have the submeter or point -of -use submeter removed and tested and promptly advise the tenant of the test results. (8) Billing for submeter or point -of -use submeter test. (A) The owner may not bill the tenant for testing costs if the submeter fails to meet AWWA accuracy standards for water meters or ASME standards for point -of -use submeters. (B) The owner may not bill the tenant for testing costs if there is no evidence that the submeter or point -of -use submeter was calibrated or tested within the preceding 24 months. (C) The owner may bill the tenant for actual testing costs (not to exceed $25) if the submeter 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 submeter error. If a submeter does not meet AWWA accuracy standards or a point -of -use submeter does not meet ASME accuracy standards and the tenant was overbilled, an adjusted bill must be rendered in accordance with §24.283(k) of this title (relating to Billing). The owner may not charge the tenant for any underbilling that occurred because the submeter or point -of -use submeter was in error. (10) Submeter or point -of -use submeter testing facilities and equipment. For submeters, an owner shall comply with the AWWA's meter testing requirements. For point -of -use meters, an owner shall comply with ASME's meter testing requirements. (b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium may implement a program to bill tenants for submetered or allocated water service, the owner or manager shall adhere to the following standards: (1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets, faucet aerators, and showerheads; (2) perform a water leak audit of each dwelling unit or rental unit and each common area and repair any leaks found; and (3) not later than the first anniversary of the date an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium begins to bill for submetered or allocated water service, the owner or manager shall: (A) remove any toilets that exceed a maximum flow of 3.5 gallons per flush; and (B) install toilets that meet the standards prescribed by Texas Health and Safety Code, §372.002. (c) Plumbing fixture not applicable. Subsection (b) of this section does not apply to a manufactured home rental community owner who does not own the manufactured homes located on the property of the manufactured home rental community. 2/ �euP/ LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA Under a Federal Communications Commission (FCC) order, you as our resident have a right to install a transmitting or receiving satellite dish or antenna on the leased premises, subject to FCC limitations. We as a rental housing owner are allowed to impose reasonable restrictions relating to such installation. You are required to comply with these restrictions as a condition of installing such equipment. This addendum contains the restrictions that you and we agree to follow. 1. Addendum. This is an addendum to the lease between you and us for Apt. No. in the Apartments in Texas OR the house, duplex, etc. located at (street address) in___________________________________________,Texas. 2. Number and size. You may install 1 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited. 3. Location. Your satellite dish or antenna must be located: (1) inside your dwelling; or (2) in an area outside your dwelling such as a balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not protrude beyond the vertical and horizontal space that is leased to you for your exclusive use. 4. Safety and non-interference. Your installation: (1) must comply with all applicable ordinances and laws and all reasonable safety standards; (2) may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110 -volt duplex receptacle. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods: (1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that lies within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods are allowed. We may require reasonable screening of the satellite dish or antenna by plants, etc., so long as it does not impair reception. 5. Signal transmission from exterior dish or antenna to interior of dwelling. Under the FCC order, you may not damage or alter the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. If your satellite dish or antenna is installed outside your dwelling (on a balcony, patio, etc.), the signals received by it may be transmitted to the interior of your dwelling only by the following methods: (1) running a "flat" cable under a door jam or windowsill in a manner that does not physically alter the premises and does not interfere with proper operation of the door or window; (2) running a traditional or flat cable through a pre-existing hole in the wall (that will not need to be enlarged to accommodate the cable); (3) connecting cables "through a window pane," similar to how an external car antenna for a cellular phone can be connected to inside wiring by a device glued to either side of the window —without drilling a hole through the window; (4) wireless transmission of the signal from the satellite dish or antenna to a device inside the dwelling; or (5) any other method approved by us in writing. 6. Safety in installation. In order to assure safety, the strength and type of materials used for installation must be approved by us. Installation must be done by a qualified person or company approved by us. Our approval will not be unreasonably withheld. An installer provided by the seller of the satellite dish or antenna is presumed to be qualified. T. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment. 8. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling. In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence, carelessness, accident, or abuse which may be reasonably necessary to restore the leased premises to its condition prior to the installation of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear. 9. Liability insurance and indemnity. You must take full responsibility for the satellite dish, antenna, and related equipment. If the dish or antenna is installed at a height or in some other way that could result in injury to others if it becomes unattached and falls, you must provide us with evidence of liability insurance to protect us against claims of personal injury and property damage to others, related to your satellite dish, antenna, and related equipment. The insurance coverage must be $ 100000.00 , which is an amount reasonably determined by us to accomplish that purpose. Factors affecting the amount of insurance include height of installation above ground level, potential wind velocities, risk of the dish/antenna becoming unattached and falling on someone, etc. You agree to hold us harmless and indemnify us against any of the above claims by others. 10. Security deposit. Your security deposit (in your Lease Contract) is increased by an additional reasonable sum of $ 200.00 ® effective at time of installation or I] effective within days of installation to help protect us against possible repair costs, damages, or failure to remove the satellite dish, antenna and related equipment at time of move -out. Factors affecting any security deposit may vary, depending on: (1) how the dish or antenna is attached (nails, screws, lag bolts drilled into walls); (2) whether holes were permitted to be drilled through walls for the cable between the satellite dish and the TV; and (3) the difficulty and cost of repair or restoration after removal, etc. A security deposit increase does not imply a right to drill into or alter the leased premises. 11. When you may begin installation. You may start installation of your satellite dish, antenna, or related equipment only after you have: (1) signed this addendum; (2) provided us with written evidence of the liability insurance referred to in paragraph 9 of this addendum; (3) paid us the additional security deposit, if applicable, in paragraph 10; and (4) received our written approval, which may not be unreasonably withheld, of the installation materials and the person or company that will do the installation. 12. Miscellaneous. If additional satellite dishes or antennas are desired, an additional lease addendum must be executed. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association � LEASE ADDENDUM FOR ALLOCATING TRASH REMOVAL AND RECYCLING COSTS 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in , Texas OR the house, duplex, etc. located at (street address) Texas. 2. Reason for allocation. Our property receives a single bill for trash removal/recycling. In recent years, many trash haulers and recyclers have increased fees dramatically to keep pace with rising costs associated with landfills and environmental mandates. By allocating this bill, we hope to make residents more aware of the true costs of waste disposal and to help reduce, reuse and recycle, and in turn, lower both costs and the impact on our environment. 3. Your payment due date. Payment of your allocated trash removal and recycling 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. There will be a late charge of $ (not to exceed $3) if we do not receive timely 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 just like late payment of rent. 4. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for trash removal/recycling. You will pay separately for these monthly recurring fixed charges which are defined under the Lease as "Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and distinct charges as part of a multi -item bill. You agree to and we will allocate the monthly trash removal/recycling bill for the apartment community based on the allocation method checked below. (check only one) ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units.) ❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. ® Per dwelling unit ❑ Other formula (see attached page) 5. Penalties and fees. Only the total trash removal/recycling bill will be allocated. Penalties or interest for any late payment of the master trash removal/ recycling bill by us will be paid for by us and will not be allocated. A nominal administrative fee of $ 3. oo per month (not to exceed $3) will be added to your bill for processing, billing and collecting. Your trash removal/recycling allocation bill may include state and local sales taxes as required by state law. 6. Change of allocation formula. The above allocation formula for determining your share of the trash removal/recycling costs 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. 7. Right to examine records. You may examine the trash removal/recycling bill we receive from the trash utility and our calculations related to the monthly allocation of the trash recycling/removal bill during regular weekday office hours. Please give us reasonable advance notice to gather the data. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM FOR ACCESS CONTROL DEVICES 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Texas. 2. Remote control/cards/code for gate access. ❑ Remote control for gate access. Each resident on the lease will be given a remote control at no cost to use during his or her residency. Each additional remote control for you or your occupants will require a $ non- refundable fee. ❑ Cards for gate access. Each resident on the lease will be given a card at no cost to use during his or her residency. Each additional card for you or your occupants will require a $ non-refundable fee. ❑ Code for gate access. Each resident will be given, at no cost, an access code (keypad number) for the pedestrian or vehicular access gates. It is to be used only during your residency. 3. Damaged, lost or unreturned remote controls, cards, key fobs or code changes. ❑ If a remote control is lost, stolen or damaged, a $ fee will be charged for a replacement. If a remote control is not returned or is returned damaged when you move out, there will be a $ deduction from the security deposit. ❑ If a card is lost, stolen or damaged, a $ fee will be charged for a replacement card. If a card is not returned or is returned damaged when you move out, there will be a $ deduction from the security deposit. ® We may change the code(s) at any time and notify you accordingly. 4. Report damage or malfunctions. Please immediately report to the office any malfunction or damage to gates, fencing, locks, or related equipment. 5. Follow written instructions. You and all other occupants must read and follow the written instructions that have been furnished to you regarding the access gates. If the gates are damaged by you, your occupants, guests, or invitees through negligence or misuse, you are liable for the damages under your lease, and collection of damage amounts will be pursued. 6. Personal injury and/or personal property damage. Anything mechanical or electronic is subject to malfunction. Fencing, gates, or other devices will not prevent all crime. No security system or device is foolproof or 100 percent successful in deterring crime. Crime can still occur. Protecting residents, their families, occupants, guests, and invitees from crime is the sole responsibility of residents, occupants, and law enforcement agencies. You should first call 911 or other appropriate emergency police numbers if a crime occurs or is suspected. We are not liable to any resident, guest, occupant, or invitee for personal injury, death, or damage/loss of personal property from incidents related to perimeter fencing, automobile access gates, and/or pedestrian access gates. We reserve the right to modify or eliminate security systems other than those statutorily required. T. RULES IN USING VEHICLE GATES. • Always approach entry and exit gates with caution and at a very slow rate of speed. • Never stop your car where the gate can hit your vehicle as the gate opens or closes. • Never follow another vehicle into an open gate. Always use your card to gain entry. • Report to management the vehicle license plate number of any vehicle that piggybacks through the gate. • Never force the gate open with your car. • Never get out of your vehicle while the gates are opening or closing. • If you are using the gates with a boat or trailer, please contact management for assistance. The length and width of the trailer may cause recognition problems with the safety loop detector and could cause damage. • Do not operate the gate if there are small children nearby who might get caught in it as it opens or closes. • If you lose your card, please contact the management office immediately. • Do not give your card or code to anyone else. • Do not tamper with gate or allow your occupants to tamper or play with gates. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these bills, we do not add any other costs to these bills and make no profit off of them. 3. Services and governmental fees allocated. We will allocate the following services and governmental fees: ❑ Cable/satellite television ❑ Registration/license fee ® Stormwater/drainage ❑ Other ❑ Trash removal/recycling ❑ Other ❑ Street repair/maintenance fee ❑ Other ❑ Emergency services fee ❑ Other ❑ Conservation district fee ❑ Other ❑ Inspection fee ❑ Other 4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of $ (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 multi -item bill. You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the allocation method checked below: (check only one) ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units). ❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. x0 Per dwelling unit ❑ Other formula (see attached page) 6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of $ 3.00 per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. 7. 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. 8. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM REGARDING SMOKING 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. Texas OR the house, duplex, etc. located at (street address) in the Apartments in , Texas. 2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is strictly prohibited. This is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and substantial violation of this addendum and a breach of the TAA Lease Contract. The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any dwelling or building, whether leased by you or another. 3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially designated areas, if any. The permissible smoking areas are marked by signs. Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit: ❑ is permitted is not permitted. Only the following outside areas may be used for smoking: Designated areas away from breezeways, doors, balconies, and ventilation systems. Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be at least 30 feet from the buildings in the apartment community, including administrative office buildings. If the previous field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including administrative office buildings. The smoking -permissible areas are marked by signage. Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or rental premises. 4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees, regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building, shall always be in excess of normal wear and tear in our community and at the rental premises. 5. Your responsibility for loss of rental income and economic damages regarding other residents. You are responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of smoke related damages including smoke odors. 6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e -cigarette, hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e -cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non -tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. 7. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease Contract subject to any duty to mitigate. 8. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility for any other damages or loss under the TAA Lease Contract or any other addendum. Texas Apartment Association 9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that a failure on their part to comply is the same as non-compliance by you. 10. No warranty of a smoke -free environment. Although we prohibit smoking in all interior parts of the dwelling units and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no -smoking policy is a joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report violations of our no -smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with us if it becomes necessary to pursue action for any violations of the no -smoking policy. This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum. Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following boxes: ❑ Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the unit. ❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM FOR AUTOMATED ELECTRONIC PAYMENT OF RENT AND CERTAIN OTHER ITEMS 1. Addendum. This is Apartments in Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Automated electronic payments. "Automated electronic payments" include "Automated Clearing House" (ACH) and "Credit and Debit Card" (Card) transactions. ACH refers to the nationwide network of banking institutions that have agreed to process electronic payments automatically from your bank account to our bank accounts. Virtually all banks and credit unions participate. "Card" refers to credit and debit card transactions, including those cards bearing the Visa, MasterCard, Discover and American Express logos. Collectively "automated electronic payments" are paperless transactions that occur instantly and automatically without a check being hand -processed through a local bank clearinghouse or the Federal Reserve System. 3. Advantages. There are significant advantages for you in paying your rent via automated electronic payments. They include: • greater convenience since you won't have to worry each month with writing, mailing or delivering a rent check; • no late charges since your rent will always be paid timely, assuming there are sufficient funds in your checking account; • greater security since there is no chance that a check signed by you will fall into the wrong hands or get lost in the mail; and • proof that you've paid since your bank statement is evidence of payment according to ACH and card network rules. 4. ACH payment authorization. By initialing here and executing this addendum, you are agreeing that your rent payment or other payments as authorized by you will be collected automatically each month via ACH by debiting (charging) your checking account electronically, in the case of your rent payment, on the same day of the month that your rent is due under your TAA Lease Contract, and in the case of other payments, on the date(s) you authorized by separate agreement. 5. Card payment authorization. By initialing here and executing this addendum, you are agreeing that your rent payment or other payments as authorized by you will be collected automatically each month by charging your credit or debit card electronically, in the case of your rent payment, on the same day of the month that your rent is due under your TAA Lease Contract, and in the case of other payments, on the date(s) you authorized by separate agreement. 6. Other non -rent items. Payment to us for other amounts (such as NSF charges, damages, or charges related to unauthorized animals, etc.) may be mailed to us, deposited in our onsite drop box (if any), or delivered in person. Such other payments will not be processed by Card orACH electronic transfer except with your approval given at the time of each payment. 7. Your right to opt out. You have the right at any time to give us written notice of your decision to revoke your authorization for the ACH or Card method of payment and to thereafter pay by regular check, certified check, or money order according to the TAA Lease Contract 8. Delinquency. As long as your rent payments via ACH or Card are authorized and settled, you may continue ACH or Card payment of your rent and enjoy any special considerations specified in paragraph 11 of this addendum. If any ACH or Card rent payment does not clear, it will be treated as a default Oust like an NSF check) under the TAA Lease Contract. We have the right at any time to require you to pay all future rent payments by regular check, certified check or money order, as per the TAA Lease Contract, in lieu of payment through ACH or Card. 9. Multiple residents. If there are two or more residents on the TAA Lease Contract and if we accept multiple checks, each of you authorize us to process your rent payment through ACH or Card as it becomes due, as follows: Each resident's printed name Each resident's portion of the total monthly rent payment Beverly Howard $ Alexee Howard $ Ashin Howard $ Each co -resident of the unit must sign the attached form that authorizes automatic electronic payments through ACH or Card. This addendum does not alter the provisions in the TAA Lease Contract regarding joint and several liability if there are multiple residents. 10. ACH and Card rules. We, as owners, agree to comply with all ACH and Card rules and operating regulations of the credit associations and networks. 11. Special provisions. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the 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. x❑ 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 © the leasing office or ® any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed handguns are prohibited in both). Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter I the leasing office or j 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. 5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and agree that: (a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety; (b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation, default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice of a violation; (c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge, restrict or otherwise change the standard of care that we would have to you or any other household in the apartment community to render any areas in the apartment community any safer, more secure, or improved as compared to any other rental property; (d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved safety or security standards than any other rental property; (e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns, firearms, or other weapons; and (f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests' cooperation and compliance. Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association COMMUNITY POLICIES ADDENDUM 1. Addendum. This is an addendum to the Lease between you and us for Apt. No. in the Apartments in Texas OR the house, duplex, etc. located at (street address) in Texas. 2. Payments. All payments for any amounts due under the Lease must be made: ❑ at the onsite manager's office ® through our online portal ❑ by mail to or ❑ other: The following payment methods are accepted: l electronic payment ❑ personal check ❑ cashier's check ❑ money order, or ❑ other: 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, bums, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease; removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters; late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred in rekeying security devices required by law if you vacate the apartment in breach of this Lease. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among all residents. 4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by: ® online portal xi email to LifeWest1andEstates@Asset1ivin.com ® hand delivery to our management office, or ❑ other: From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call list. To 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, prerecorded/artificial voice messages. SMS or text messages, or any other data or voice transmission technology. Your agreement is not required 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 operator's expense at any time if the vehicle: (a) has a flat tire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing; (c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment; (e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated "no parking" area; (i) is in a space that requires a permit or is reserved for another resident or apartment; (j) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster; (I) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or (m) is not moved to allow parking lot maintenance. 6. HVAC Operation. If the exterior temperature drops below 32° F you must keep the heat on and set to a minimum of 50° F. You must also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises above 32° F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of the Amenities at any time. Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage or injury that results from the use of any Amenities by you, your invitees, your licensees, your occupants, or your guests. This release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities. 8. Package Services. We ❑ do or ® do not accept packages on behalf of residents. If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express, Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost, damaged or unordered deliveries and will hold us harmless. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations under applicable law. 10. Special Provisions. The following special provisions control over conflicting provisions of this form: Signature of All Residents Texas Apartment Association Signature of Owner or Owner's Representative The Life at Westland Estates Blue Moon Lease Signature Details Signer IP Address Date Signed 94 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 95 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 96 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 97 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 98 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 99 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 100 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 101 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 102 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 103 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 104 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 105 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 106 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 107 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 108 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 109 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 110 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 111 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 112 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 113 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 114 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 115 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 116 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 117 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 118 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 119 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 120 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 121 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 122 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 123 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 124 NaTisha Griffith 2600:1700:108c:5600:69 11/07/2025 02:50:06 PM Owner/Manager 5 COMMUNITY POLICIES, RULES AND REGULATIONS ADDENDUM This addendum is incorporated into the lease Contract identified belowand isin addition to the terms and conditions contained in the Lease. /f'any terms of this Addendum conflict with the Lease, the terms ofthis Addendum shall be controlling. Certain amenities mentioned may or may not be available at your property and the corresponding rules may not apply. GENERAL CONDITIONS FOR USE OF DWELLING PROPERTY AND RECREATIONAL FACILITIES. Resident (s) permission for use of all common areas, Resident amenities, and recreational facilities (together, "Amenities") located at the Dwelling Community is a privilege and license granted by owner, and not a contractual right except as otherwise provided for in the Lease. Such permission is expressly conditioned upon Resident's adherence to the terms of the Lease, this Addendum, and the Community rules and regulations ("Rules") in effect at any given time, and such permission may be revoked by Owner at any time for any lawful reason. In all cases, the most strict terms of either the Lease, this Addendum, or the Community Rules shall control. Owner reserves the right to set the days and hours of use for all Amenities and or change the character of or close any Amenity based upon the needs of Owner and in Owner's sole and absolute discretion, without notice, obligation or recompense of any nature to Resident. Owner and management may make changes to the Rules for use of any Amenity at any time. Additionally, Resident(s) expressly agrees to assume all risks of every type, including but not limited to risks of personal injury or property damage, of whatever nature or severity, related to Resident's use of the amenities at the Community. Resident(s) agrees to hold Owner harmless and release and waive any and all claims, allegations, actions, damages, losses, or liabilities of every type, whether or not foreseeable, that Resident(s) may have against Owner and that are in any way related to or arise from such use. This provision shall be enforceable to the fullest extent of the law. You and all guests and occupants must comply with any written apartment rules and community policies, including instructions forcare of ourproperty. Anyrules are consideredpartof thisLease Contract. Wemaymake reasonable, non - substantive changes to written rules, effective immediately, if distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of the Lease Contract. THE TERMS OF THIS ADDENDUM SHALL ALSO APPLY TO RESIDENT(S), OCCUPANTS, AGENTS AND INVITEES, TOGETHER WITH THE HEIRS, ASSIGNS, ESTATES AND LEGAL REPRESENTATIVES OF THEM ALL, AND RESIDENT(S) SHALL BE SOLELY RESPONSIBLE FORTHE COMPLIANCE OF SUCH PERSONS WITH THE LEASE, THIS ADDENDUM, AND COMMUNITY RULES AND REGULATIONS, AND RESIDENT(S) INTEND TO AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ALL CLAIMS OF SUCH PERSONS AS DESCRIBED IN THE PRECEDING PARAGRAPH UNLESS SAID CLAIMS, ALLEGATIONS, ACTIONS, DAMAGES, LOSSES, OR LIABILITIES ARE CAUSED BYTHE GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF OWNER. The term "Owner" shall include the Management, officers, partners, employees, agents, assigns, Owners, subsidiaries and affiliates of Owner. 1. POOL. When using the pool, Resident(s) agrees to the following: • Residents and guests will adhere to the rules and regulations posted in the pool area and Management policies. • All Swimmers swim at their own risk. Owner is not responsible for accidents or injuries. • For their safety, Residents should not swim alone. • Pool hours are posted at the pool. • No glass, pets, or alcoholic beverages are permitted in the pool area. Use paper or plastic containers only. • Proper swimming attire is required at all times and a swimsuit and "cover up" should be worn to and from the pool. • No running or rough activities are allowed in the pool area. Respect others by minimizing noise, covering pool furniture with a towel when using suntan oils, leaving pool furniture in pool areas, disposing of trash, and keeping pool gates closed. • Resident(s) must accompany their guests. • Resident(s) must notify Owner any time there is a problem or safety hazard at the pool. IN CASE OF EMERGENCY DIAL 911 Ill. FITNESS CENTER. When using the fitness center, Resident agrees to the following: • Residents and guests will adhere to the rules and regulations posted in the fitness center and Management policies. • The Fitness Center is not supervised. Resident(s) are solely responsible for their own appropriate use of equipment. • Resident(s)shall carefully inspect each piece of equipment prior to Resident's use and shall refrain from using any equipment that may be functioning improperly or that may be damaged or dangerous. • Resident (s) shall immediately report to Management any equipment that is not functioning properly, is damaged or appears dangerous, as well any other person's use that appears to be dangerous or in violation of Management Rules and Policies. • Resident(s) shall consult a physician before using any equipment in the Fitness Center and before participating in any aerobics or exercise class, and will refrain from such use or participation unless approved by Resident's physician. • Resident(s) will keep Fitness Center locked at all times during Resident's visit to the Fitness Center. • Resident(s) will not admit any person to the Fitness Center who has not registered with the Management Office. • Resident(s) must accompany guests, and no glass, smoking, eating, alcoholic beverages, pets, or black sole shoes are permitted in the Fitness Center, / wLae44 a4d 4?Iiiis ad >,4,&xeec .d 1° /Va qq� d4 IV. PACKAGE RELEASE. For communities that do accept packages on behalf of its Residents: Resident (s) gives Owner permission to sign and accept any parcels or letters sent to Resident(s) through UPS, Federal Express, Airborne, United States Postal Service or the like. Resident agrees that Owner does not accept responsibility or liability for any lost, damaged, or unordered deliveries, and agrees to hold Owner harmless for the same. V. BUSINESS CENTER. Resident(s) agrees to use the business center at Resident(s) sole risk and according to the Rules and Regulations posted in the business center and Management policies. Owner is not responsible for data, files, programs, or any other information lost or damaged on Business Center computers or in the Business Center for any reason and Resident hereby fully releases Owner, its officers, its agents, employees, successors or assigns for any and all claims arising from the same. No software may be loaded on Business Center computers without the written approval of Community Management. No inappropriate, offensive, or pornographic images or files (in the sole judgment of Owner) will be viewed or loaded onto the Business Center computers at any time. Smoking, eating, alcoholic beverages, pets, and any disturbing behavior are prohibited in the business center. VI. FIRE HAZARDS. In order to minimize fire hazards and comply with city ordinances, Resident shall comply with the following. • Residents and guests will adhere to the Community rules and regulations other Management policies concerning fire hazards, which may be revised from time to time. • No person shall knowingly maintain a fire hazard. • Grills, Barbeques, and any other outdoor cooking or open flame devices will be used only on the ground level and will be placed a minimum of 10 feet from any building. Such devices will not be used close to combustible materials, tall grass or weeds, on exterior walls or on roofs, indoors, on balconies or patios, or in other locations which may cause fires. • Fireplaces. Only firewood is permitted in a real wood burning Fireplace. No artificial substances, such as Duraflame® logs are permitted. Ashes must be disposed of in metal containers, after ensuring the ashes are cold. • Flammable or combustible liquids and fuels shall not be used or stored in dwellings, near exits, stairways, breezeways. or areas normally used for the ingress and egress of people. This includes motorcycles and any apparatus or engine using flammable or combustible liquid as fuel. • No person shall block or obstruct any exit, aisle, passageway, hallway or stairway leading to or from any structure. • Res dent (s) are solely responsible for fines or penalties caused by their actions in violation of local fire protection codes. VII. EXTERMINATING. Unless prohibited by statute or otherwise stated in the Lease, Owner may conduct extermination operations in Residents' dwelling several times a year and as needed to prevent insect infestation. Owner will notify Residents in advance of extermination in Residents' Dwelling, and give Resident instructions for the preparation of the Dwelling and safe contact with insecticides. Residents will be responsible to prepare the Dwelling for extermination in accordance with Owner's instructions. If Residents are unprepared for a scheduled treatment date Owner will prepare Residents' dwelling and charge Residents accordingly. Residents must request extermination treatments in addition to those regularly provided by Owner in writing. Residents agree to perform the tasks required by Owner on the day of interior extermination to ensure the safety and effectiveness of the extermination. These tasks will Include, but are not limited to, the following: • Clean all cabinets, drawers and closets in kitchen andpantry. • If roaches have been seen in closets, remove contents from shelvesand floor. • Remove infants and young children from the dwelling. • Remove pets or place them in bedrooms, and notify Owner of such placement. • Remove chain locks or other types of obstruction on day of service. • Cover fish tanks and turn off theirair pumps. • Do not wipe out cabinets after treatment. In the case of suspected or confirmed bed bug infestation, resident will agree to the following: • Resident will wash all clothing, bed sheets, draperies, towels, etc. in extremely hot water. • Resident will thoroughly clean, off premises, all luggage, handbags, shoes and clothes hanging containers. • Resident will cooperate with Owner's cleaning efforts for all mattresses and seat cushions or other upholstered furniture, and will dispose of same if requested. RESIDENTS ARF. SOT.ET.YRF.SPONSTBIF. TONOTIFYOWNERTN WRITING PRTOR 70 EXTERMINATIONOf ANY ANTICIPATED HEALTH OR SAFF.TYCONCF.RNS RELATED TO F.XTF.RMTNATTON AND THE IISF.OF INSECTICIDES VIII. WINDOW COVERINGS. Drapes or shades installed by Resident, when allowed, must be lined in white and present a uniform exterior appearance. No aluminum foil or similar materials can be placed to cover windows. IX. WATER BEDS. Resident shall not have water beds or other water furniture in the dwelling without prior written permission of Owner. X. BALCONY or PATIO. Balconies and patios shall be kept neat and clean at all times. No rugs, towels, laundry, clothing. Appliances, indoor furniture or other items shall be stored, hung or draped on railings or other portions of balconies or patios. No misuse of the space is permitted, including but not limited to, throwing, spilling or pouring liquids or other items, whether intentionally or negligently, over the balconies or patios. XI. LOCKS. We do not offer lockout after business hours. We supply each resident with one apartment key and one mailbox key. We can duplicate extras or provide replacements for a fee. All keys are to be returned to the office upon move out. You may not install additional locks or devices without written consent from management and you must provide a key to the office. Please keep all doors, windows and openings, such as sliding glass doors locked at all times. XII. SIGNS. Resident shall not display any signs, exterior lights or markings on dwelling. No awnings or other projections shall be attached to the outside of the building of which dwelling is a part. XIV. WAIVER/SEVERABILITY CLAUSE. No waiver of any provision herein, or in any Community rules and regulations, shall be effective unless granted by the Owner in assigned and dated writing. If any court of competent jurisdiction fmds that any clause, phrase, or provision of this Part is invalid for any reason whatsoever, this finding shalt not affect the validity of the remaining portions of this addendum, the Lease Contract or any other addenda to the Lease Contract. I have read, understand and agree to comply with the preceding provisions. Resident Date Resident Date Resident Date Resident Date Owner Representative Date Asset Living Community Policies Signature Details Signer IP Address Date Signed 10 NaTisha Griffith 2600:1700:108c:5600:695 11/07/2025 02:50:11 PM Owner/Manager 11 NaTisha Griffith 2600:1700:108c:5600:695 11/07/2025 02:50:11 PM Owner/Manager 12 NaTisha Griffith 2600:1700:108c:5600:695 11/07/2025 02:50:11 PM Owner/Manager Form W-9 Request for Taxpayer Give form to the (Rev. March 2024) I Identification Number and Certification I requester, Do not Department of the Treasury I Go to irs. ov/FormW9 for Instructions and the latest Information. send to the IRS, Internal Revenue Service www.0 Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form. below. I Name of entity/Individual. An entry Is required (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the txnine'se/dlsregwded entity's name on line 2.) Westland Apts LLC 2 Business name/disregarded entity name, It different from above. Westland Apts LLC 3. Check the appropriate box for federal tax classification of the entity/Individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to only one of the following seven boxes, certain entrIes, not individuals; ❑ IndlviduaVsole proprietor ❑ C corporation ❑ S corporation ❑✓ Partnership ❑ Trust/estate see instructions on page 3): ❑ LLC. Enter the tax classification (C = C corporation. S = S corporation. P = Partnership) Exempt payee code (if any) Note: Check the LLC" box above and, In the entry space, enter the appropriate code (C. S. or P) for the tax Exemption from Foreign Account Tax classification of the LLC, unless It is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Compliance Act (FATCA) reporting ❑ Other (see Instructions) code (if any) 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, pphes to accounts maintained and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check outside the United States) this box if you have any foreign partners, owners, or beneficiaries. See instructions .........o . . . . . . . ❑ 5 Address (number. street, and apt. or suite no.). See Instructions. 123 Town Square Place #667 6 City, state, and ZIP code Jersey City, NJ, 07310 7 List account number(s) here (optional) rer Identification Number Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. K; I Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign I Signature of \r „' O Olj 23 LQZS Here U.S. person V �'y� Date Social security number - m or [1 I I Employer identification number 3131- 4 2 0 0 8I5I6 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FonnW9. What's New Line 3a has been modified to clarity how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) M&C Review Page 1 of 5 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORT�RTh1 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; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2, and 3 below for Program Year 2025-2026 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,273,355.77 consisting of $7,116,438.00 in Community Development Block Grant funds, $2,814,431.77 in HOME Investment Partnerships Program funds, $615,818.00 in Emergency Solutions Grant funds, and $2,726,668.00 in Housing Opportunities for Persons with AIDS grant funds, all subject to receipt of such funds; and 7. Authorize a waiver of the Neighborhood Services Department indirect cost of 21.05\%, estimated total of $264,698.00. DISCUSSION: The City's 2025-2026 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2025 and ending http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33536&councildate=8/ 12/2025 9/9/2025 M&C Review Page 2 of 5 September 30, 2026 for use of federal grant funds totaling $13,273,355.77 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs, plus program income from the CDBG and HOME grant programs totaling $60,000.00. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on January 15, 2025. All proposals were received on March 3, 2025. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on July 14, 2025, to provide citizens with the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on June 11, 2025. A 30 -day public comment period was held from June 16, 2025, through July 16, 2025. Notice of this public comment period was published in the Cleburne Times Review on June 10, 2025; in the Fort Worth Star Telegram and Weatherford Democrat on June 11, 2025; and in La Vida News and the Wise County Messenger on June 12, 2025. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on July 14, 2025, and the second public hearing is scheduled for the City Council Meeeting on August 12, 2025. A summary of 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33536&councildate=8/ 12/2025 9/9/2025 M&C Review Page 3 of 5 Choice Neighborhood Initiative (CNI) grant benefiting low -moderate come residents in the Stop Six Neighborhood of Fort Worth; Administration - $281,443.00 (Limited to 10\% of the grant allocation): Includes costs for administering the HOME grant; Estimated Program Income - $30,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) For Program Year 2025-2026, it is recommended that the amount of $2,726,668.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,670,868.00; Neighborhood Services Department - $974,000.00; Administration - $81,800.00 (Limited to 3\% 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 Children and Youth Education Literacy United Community Centers, Inc $125,000.00 Services Program Boys & Girls Club of Greater Children and Youth Youth Development at $72,000.00 Tarrant County Services Eastside Branch Children and Youth Girls Inc of Tarrant County Whole Girl Program $90,281.00 Services Children and Youth Camp Fire First Texas 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 Economic 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33536&councildate=8/ 12/2025 9/9/2025 M&C Review Page 4 of 5 **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 Rehabilitation and 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 CONSOLIDATED PLAN AGENCY PROGRAM AMOUNT GOAL HOPWA Program - Administration, Tenant - Based Rental Assistance Tarrant County Homelessness Prevention (TBRA), Short -Term Samaritan Housing, and Special Needs Rent, Mortgage, and $1,406,188.00 Inc. Support Utility Assistance (STRMU), Supportive Services, Facility -Based Operations (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 CONSOLIDATED PLAN AGENCY GOAL PROGAM The Presbyterian Night Shelter of Tarrant County, Inc. Lighthouse for the Homeless dba True Worth Place e Salvation Army r for Transforming ives elessness Prevention and 11Operat! Shelter :ial Needs Support elessness Prevention and ;ial Needs Support elessness Prevention and :ial Needs Support elessness Prevention and :ial Needs Support Shelter omelessness revention id Re -Housing AMOUNT 139,491.0 150,000.0 127,141.0 $73,000.0 $80,000.0 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33536&councildate=8/ 12/2025 9/9/2025 M&C Review Page 5 of 5 afeHaven of Tarrant Homelessness Prevention and 11ODerati Shelter ountv Special Needs Support AL ESG CONTRACTS 11$569.632.0 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 ID 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: Dana Burghdoff (8018) Originating Department Head: Kacey Bess (8187) Additional Information Contact: Juliet Moses (6203) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33536&councildate=8/ 12/2025 9/9/2025 FORT WORTH,. MAYOR AND COUNCIL COMMUNICATION 11.1 2026-2027 HUD ANNUAL ACTION PLAN DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0800 DEPARTMENT: NEIGHBORHOOD SERVICES SUBJECT (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2026-2027 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,554,718.38 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: Tracey Walton; b. Public Comment c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2026- 2027 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 $13,554,718.38 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs; 2. Approve the City's 2026-2027 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 $84,976.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2, and 3 below for Program Year 2026-2027 for 1 of 10 FORT WORTH,. Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,669,694.38 consisting of $7,153,410.00 in Community Development Block Grant funds, $2,816,040.38 in HOME Investment Partnerships Program funds, $625,460.00 in Emergency Solutions Grant funds, and $2,959,808.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $114,976.00, all subject to receipt of such Grants funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost of 13.50%, estimated total of $169,759.00. DISCUSSION The City's 2026-2027 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2026 and ending September 30, 2027 for use of federal grant funds totaling $13,554,718.38 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on December 19, 2025. All proposals were received on February 13, 2026. 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. Recommendations for award amounts were considered and adopted by the Community Development Council on June 17, 2026. 2 of 10 FORT WORTH,. A 30 -day public comment period was held from June 22, 2026, through July 24, 2026. Notice of this public comment period was published in the Cleburne Times Review on June 20, 2026; in the Fort Worth Star -Telegram on June 21, 2026; in the Weatherford Democrat on June 20, 2026; and in La Vida News and the Wise County Messenger on June 25, 2026. One public hearing was held during the public comment period on July 13, 2026, to provide citizens with the opportunity to participate in the development of the Annual Action Plan. All 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 13, 2026, and the second public hearing is scheduled for the City Council Meeting on August 11, 2026. A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. A PowerPoint presentation listing funding recommendations is also attached. The 2026-2027 Annual Action Plan will be submitted to HUD by August 15, 2026. Indirect costs totaling approximately $169,759.00 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 13.50% 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 For Program Year 2026-2027, it is recommended that the amount of $7,153,410.00 in CDBG funds and an estimated amount of $30,000.00 in CDBG program income totaling $7,183,410.00 be allocated as follows: • Public Service Agencies - $1,073,011.50: Includes social services for low- and moderate income persons, persons with disabilities, and disadvantaged persons • Housing Programs - $2,500,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, and accessibility modifications for seniors and persons with disabilities • Major Projects - $1,189,716.50: Includes funding for street improvements • Program Delivery - $960,000.00: Includes program delivery costs for housing programs; • Administration - $1,430,682.00: 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. 3 of 10 FORT WORTH,. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2026-2027, it is recommended that the amount of $2,816,040.38 in HOME funds and an estimated amount of $84,976.00 in HOME program income totaling $2,901,016.38 be allocated as follows: • Homebuyer Assistance Program - $160,000.00: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers • Community Housing Development Organizations (CHDOs) for affordable housing projects - $794,712.30: These funds will be used by Development Corporation of Tarrant County (DCTC) to support the construction of five (5) single-family homes located on a 1 -acre site at 10401 Kingspointe Blvd., Fort Worth, Texas. The HOME funds will be used to support construction and ensure affordability for households at or below 80% Area Median Income (AMI) • Major Projects - $1,579,724.04: The City will allocate HOME funds to support the development of affordable housing for low- and moderate- income households. Funds may be used for acquisition, new construction, rehabilitation, site improvements, and other eligible HOME -assisted development costs. The project developer and site will be selected through a competitive funding process during the program year; • Administration - $281,604.04: Includes costs for administering the HOME grant; • Estimated Program Income - $84,976.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2026-2027, it is recommended that the amount of $2,959,808.00 in HOPWA funds be allocated as follows: • Public Service Agencies - $1,350,000.00 • City of Fort Worth HOPWA Program (Neighborhood Services Department) - $1,521,013.76 • Administration - $88,794.24 EMERGENCY SOLUTIONS GRANT 4 of 10 FORT WORTH,. For Program Year 2026-2027, it is recommended that the amount of $625,460.00 in ESG funds to be allocated as follows: • Public Service Agencies - $578,550.50 • Administration - $46,909.50 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG PUBLIC SERVICE AGENCIES CONSOLIDATED PLAN AGENCY PROGRAM AMOUNT GOAL Housing Housing Channel Affordable Housing Counseling & $70,000.00 Education Money Smart + Elder Financial Guardianship Services Aging In Place $70,000.00 Fraud Prevention Workshops Nutrition Program Home Delivered Meals on Wheels, Inc. of Aging In Place Meals for Older $160,000.00 Tarrant County and Disabled Adults PEARLS Program - The Women's Center of Employment Aging In Place $70,000.00 Tarrant County Solutions for Senior Adults Artes Academy - Cultural Youth Children and Youth Artes De La Rosa After School & $60,000.00 Services Seasonal Camps Program 5 of 10 FORT WORTH,. Youth Boys & Girls Club of Children and Youth Development at $40,000.00 Greater Tarrant County Services Eastside Branch Children and Youth Camp Fire First Texas Teens in Action $65,000.00 Services Junior Achievement of Children and Youth Cradle to Career $45,000.00 the Chisholm, Inc. Services Youth Leadership The YouthVantage Children and Youth Alliance (Girls Inc.) Services Development and $75,000.00 STEM Education United Community Children and Youth The Education $125,000.00 Center Services Literacy Program Building Economic Pathways Career Building Pathways Empowerment and $73,011.50 Mapping Financial Resilience Program Workforce Economic Readiness and 100 MEN Enterprises Empowerment and Economic $30,000.00 Financial Resilience Empowerment Program Economic Veterans Veterans Center of North Emergency Empowerment and $30,000.00 Texas Assistance Financial Resilience Program Case Communities in Schools Management Healthy Living and of Greater Tarrant Support for At- $50,000.00 Wellness County Risk Students in Fort Worth MHMR (My Health My Healthy Living and Help Me Grow, Resources) Wellness Help Me Thrive $110,000.00 Program CDBG Public Services Agencies Total $1,073,011.50 6 of 10 FORT WORTH,. **Fort Worth Area Habitat for Humanity, Housing Preservation Cowtown Brush $500 000.00 Inc. DBA Trinity Habitat and Rehabilitation Up for Humanity CDBG Subrecipient Agency Total $500,000.00 TOTAL CDBG CONTRACTS $1,573,011.50 **Trinity Habitat will be funded from the CDBG Housing Programs and Services budget. Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA PUBLIC SERVICE AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT The Housing Assistance Program - Administration, Tenant -Based Homelessness Rental Assistance AIDS Healthcare Prevention and (TBRA), Short- $400,000.00 Foundation Special Needs Support Term Rent, Mortgage, and Utility Assistance (STRMU), Supportive Services HOPWA Program - Administration, Tenant Based Rental Assistance Tarrant county Homelessness (TBRA), Short - Prevention and $950,000.00 Samaritan Housing, Inc. Term Rent, Special Needs Support Mortgage, and Utility Assistance, Supportive Services, Facility- 7of10 FORT WORTH,. Based Operations (FBO) TOTAL HOPWA CONTRACTS $1,350,000.00 Emergency Solutions Grants Contracts TABLE 3: ESG PUBLIC SERVICE AGENCIES CONSOLIDATED PLAN AGENCY PROGRAM AMOUNT GOAL Homeless Prevention Center for Transforming and Special Needs Rapid Re -Housing $100,000.00 Lives Support Lighthouse for the Homeless Prevention Day Shelter Homeless dba True and Special Needs Operations/Services $150,000.00 Worth Place Support Homeless Prevention SafeHaven of Tarrant Shelter County and Special Needs Operations/Services $80,000.00 Support The Presbyterian Night Homeless Prevention Shelter Shelter of Tarrant and Special Needs Operations/Services $145,276.00 County, Inc. Support Homeless Prevention Homelessness The Salvation Army and Special Needs $103,274.50 Prevention Support TOTAL ESG CONTRACTS $578,550.50 Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants 8 of 10 FORT WORTH,. 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 106 FTE positions in the Neighborhood Services Department —nearly 84% of which are funded 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. These programs are available in ALL COUNCIL DISTRICTS. This contract requires Form 1295. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: ATTACHMENTS Dana Burghdoff, #8018 Kacey Thomas, #8187 Tracey Walton, #5697 9 of 10 FORT WORTH,. 1. 2627HUDAnnualActionPlanFundingRecommendations AVillasana JULYHearing v4 [11.1.1 - 20 pages] 2. 2026 2027 Action Plan DRAFT [11.1.2 - 131 pages] 3. ORD APP 2026 2027 HUD ANNUAL ACTION PLAN AO26 R7 [11.1.3 - 2 pages] 4. CONFIDENTIAL REDACTED - 26-27 Form 1295 [11.1.4 - 23 pages] 5. CONFIDENTIAL REDACTED - 26-27 Secretary of State Fillings [11.1.5 - 27 pages] 6. CONFIDENTIAL REDACTED - 26 27 HUD AAP Funding Recommendation TABLE [11.1.6 - 2 pages] 10 of 10 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Westland Apts LLC Subject of the Agreement: Initial Agreement due to property sold to new owner. This agreement is from 10/1/2026 to 11/30/2026 TBRA rental assistance for TBRA client. M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes 0 No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Client's name on the first page Effective Date: 10/1/2026 If different from the approval date. Expiration Date: 11/30/2026 If applicable. Is a 1295 Form required? * Yes ❑ No LI *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No O Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.