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HomeMy WebLinkAboutContract 32548 CITY SECRETARY CONTRACT NO. � INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and STANLEY W.WENDE STATE OF TEXAS § COUNTY OF TARRANT § This Interim Shelter Agreement("Agreement") is entered into by the City of Fort Worth, Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, Joe Paniagua, whose address is 1000 Throckmorton, Fort Worth, Texas 76102 and Stanley W. Wende, ("Owner"), whose address is 5664 Denton Hwy, Fort Worth, Texas 76148 (Owner address), acting by and through Donna J. Housden, its duly authorized Agent for Stanley W. Wende, Owner. (Sometimes City and Owner are referred to individually as a "Party" and collectively as the"Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Gulf Coast and the City of New Orleans, Louisiana as a result of the wide spread devastation and flooding following Hurricane Katrina's landfall in southern Louisiana, Mississippi and Alabama. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to providing interim shelter for those evacuees (hereinafter referred to as tenant or tenants) that City determines to place in Owner and to provide assistance for tenants under the Katrina interim shelter program ("Program"). NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as follows: ARTICLE II LEASE OF HOUSING UNITS (a) This Agreement applies to the Housing Units specified in the attached Exhibit "A" ("Housing Units" whether one or more single family one to four dwellings). pnI HOUSING ASSISTANCE PAYMENT AGREEMENT Page 1I��,'� (b) The lease form for the Housing Units shall be the Texas Apartment Association Lease Contract or such other lease contract as approved by the City. The lease contract used by Owner is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all references in this Agreement to the Lease Contract, shall include the "Tenancy Addendum," attached as Exhibit "E." Owner shall attach the Tenancy Addendum to all Lease Contracts prior to the execution of the Lease Contract by Owner and tenant. (c) City has approved leasing of the Housing Units subject to a determination by the City of Fort Worth Housing Department inspections that the Housing Units meet City of Fort Worth Housing Department Minimum Acceptable Standards("MAS"). (d) Owner will lease the Housing Units only to tenants approved for placement by City under the Program, unless notified in writing by City that a Housing Unit is no longer needed for the Program. (e) The initial term of the Lease Contract is three (3) months, with three (3) additional options to renew for terms of three (3) months each, unless earlier terminated as hereinafter provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract executed by tenant and Owner for the renewal period. A tenant may terminate the Lease Contract with 30 days written notice to Owner. (f) Owner certifies that: (1) Owner and the tenant will enter into a lease in the same form as the Lease Contract. (2) The Lease Contract is consistent with Federal, state and local law. (g) Owner is responsible for screening the tenant's behavior or suitability for tenancy. City is not responsible for such screening. City has no liability or responsibility to Owner or other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City acknowledges that Owner may require tenant to sign a rental application and disclose certain background information, including criminal information, at the same time the tenant is allowed to take occupancy of the Housing Unit. If Owner discovers that a tenant has submitted false information on the rental application or that tenant's criminal history is unacceptable according to Owner's customary standards for tenants in unassisted units, Owner may give the tenant one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior lease shall not be grounds for eviction. Owner shall notify City promptly of the issuance of any notice to vacate and eviction of any tenant in any Housing Unit. (h) Owner shall treat tenants under this Agreement in accordance with Owner's customary practices and policies towards all of its other tenants. ARTICLE III MAINTENANCE,UTILITIES AND OTHER SERVICES (a) Owner must maintain all Housing Units and the building or complex in which the Housing Unit is located, including common areas and grounds ("Premises") in accordance with the MAS. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 evi"9: 41 ' U6�e (b) Owner must provide all utilities needed to comply with the MAS unless City has agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit "C." (c) If Owner does not maintain the Housing Units and the Premises in accordance with the MAS, City may exercise any available remedies as set forth in this Agreement. City may not exercise such remedies against Owner because of an MAS breach for which the tenant is responsible, and which is not caused by Owner. (d) City or its agents may inspect the Housing Units and the Premises at such times as City determines necessary, to ensure that all Housing Units are in accordance with the MAS. (e) City must notify Owner of any MAS defects shown by the inspection. (f) Owner must provide all housing services as agreed to in the Lease Contract. ARTICLE IV TERM OF AGREEMENT (a) The term of this Agreement begins on the date of countersignature by City, and terminates twelve (I2)months thereafter or on the last day of the term of the last Lease Contract entered into pursuant to this Agreement, whichever come first. (b) Termination During Initial Term of Lease Contracts. If Owner breaches this Agreement in accordance with Article VII during the initial three (3) month term of the Lease Contract for any Housing Unit, City may terminate this Agreement as to any Housing Unit or as to all Housing Units, in its sole discretion. Prior to termination of this Agreement, City may give Owner opportunity to cure said breach as set forth in Article VIII(b). (c) Termination Durine Any Renewal Term of Lease Contracts. During any renewal term of any Lease Contract executed by Owner and tenant under this Program for any of the Housing Units, this Agreement may terminate as follows: I. The Agreement terminates automatically as to each Lease Contract that is terminated by Owner or the tenant. 2. City may terminate Program assistance for a tenant for any grounds authorized in accordance with U.S. Department of Housing and Urban Development("HUD") or FEMA requirements upon written notice to Owner. If City terminates Program assistance for a tenant, the Agreement terminates automatically as to that Lease Contract. 3. If a tenant vacates a Housing Unit, the Agreement terminates automatically as to that Lease Contract. Owner must notify City in writing of the vacancy as soon as Owner knows of it. 4. City may terminate the Agreement if City determines, in accordance with FEMA and/or HUDrequirements, that available Program funding is not sufficient to support continued assistance for tenants in the Program. 5. City may terminate the Agreement as to any Housing Unit if City determines that the Housing Unit in question does not provide adequate space the MAS because of an increase in tenant's family size or �,1A family composition. � � PK?6.%- HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 6. If the composition of the tenant's family residing in the Housing Unit changes, City may terminate the Agreement as to that Housing Unit, or may continue Program payments on behalf of tenant's family members who remain in the Housing Unit. 7. City may terminate the Agreement as to that Housing Unit if City determines that the Housing Unit in question does not meet all requirements of the MAS. 8. City may terminate the Agreement if City determines that Owner has otherwise breached the Agreement. (d) If City or a tenant terminates a Lease Contract under this Agreement during the initial three (3) month term for any reason not Owner's responsibility, City shall pay Owner Rent, as hereinafter defined, on the Housing Unit for the remainder of the initial term, minus any days for which Rent has already been paid. (e) If for any reason Program assistance is terminated, Owner shall have the right to terminate this Agreement and/or tenant's right to possession of any Housing Unit not being paid for by City. ARTICLE V RENT (a) All rent rates are as outlined in the attached Exhibit"B" ("Rent"). (b) City must determine whether the Rent to Owner is reasonable in comparison to rent for other comparable unassisted units. To make this determination, City must consider: 1. The location, quality, size,unit type, and age of the Housing Units; and 2. Any amenities, housing services, maintenance and utilities provided and paid by Owner. (c) During the Agreement term, the Rent may not exceed rent charged by Owner for comparable unassisted units in the Premises. Owner must promptly give City any information requested by City on rents charged by Owner for other units in the Premises or elsewhere. ARTICLE VI CITY PAYMENT TO OWNER (a) Program Payments 1. City has allocated no money under this Agreement to make Program payments to Owner. City will pay Rent pursuant to invoices issued to City by Owner for Lease Contracts for all Housing Units covered by this Agreement: Owner will take all necessary steps to become a vendor for the City and will issue an invoice to City once a month no later than the twenty-fifth day of that month for the total amount of Rent due for all Housing Units covered by this Agreement for the next month, and City will make Program payments to (honer in accordance with Article VI(a)2. 2. During the term of the Agreement, City shall make monthly Program payments to Owner on behalf of tenants upon, but no later than, fifteen(15)days after receipt of an invoice from Owner. 3. Except as provided in Article IV(d) of this Agreement, Program payments shall only be paid to Owner while a tenant is residing in a Housing Unit during the term of the HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Rev:is 555555?????? yf73 Agreement, and City shall not pay a Program payment to Owner for any month after the month when the tenant moves out. (b) Unless Owner has complied with all provisions of the Agreement, Owner does not have a right to receive Program payments under the Agreement. (c) Rent shall not be prorated for a partial month and Owner shall provide Housing Units to tenants for a partial month without assessing Rent. (d) The Program payments shall be credited against the monthly Rent to Owner for the Housing Unit. (e) Limit of CITY responsibility. 1. City is only responsible for Program payments to Owner in accordance with the Agreement and requirements for a tenancy under the Program. 2. City shall not pay any portion of Rent to Owner in excess of the Program payment. City shall not pay any other claim by Owner against the tenant. 3. City shall be liable to Owner for damages by tenant in an amount up to but no more than $300.00, which Owner shall accept as liquidated damages from City. Owner may pursue its remedies against tenant for any damage done by tenant for any amounts in excess of$300.00. (f) If City determines that it has paid Owner more than required under this Agreement, City, in addition to other remedies, may deduct the amount of the overpayment from any future amounts due Owner. (g) Owner Certification During the term of this Agreement, Owner certifies that: 1. Owner is maintaining the Housing Units and Premises in accordance with the MAS. 2. Housing Units are leased to the tenants under a Lease Contract in the form attached hereto, and said Lease Contract is in accordance with the Agreement and Program requirements. Owner has provided a copy of each executed Lease Contract to City, including any revisions of the Lease Contract. 3. Except for Rent to Owner, Owner has not received and will not receive any payments or other consideration(from the tenant, City, HUD, or any other public or private source) for lease of any Housing Unit during the Agreement term, or if Owner does receive any such payments or other consideration, Owner shall promptly inform City of such receipts. 4. The tenant does not own or have any interest in the Housing Unit. 5. Owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the tenant's family, unless City has determined (and has notified Owner and the tenant's family of such determination) that approving lease of the Housing Unit, notwithstanding such relationship, would provide reasonable accommodation for a tenant's family member who is a person with disabilities. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 Revised 9/15/05 ARTICLE VII PROHIBITION OF DISCRIMINATION (a) In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Owner shall not discriminate against any person because of race, color, religion, sex, national origin, familial status, disability, or sexual orientation in connection with the Agreement. (b) Owner must cooperate with City, and its agents, in conducting equal opportunity compliance reviews and complaint investigations in connection with the Agreement. ARTICLE VIH OWNER'S BREACH OF AGREEMENT (a) Any of the following actions by Owner, including a principal, owner, agent, or other interested party, is a breach of the Agreement by Owner: I. If Owner has violated any obligation under the Agreement, including Owner's obligation to maintain all Housing Units in accordance with the MAS; or 2. If Owner has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal Program; or 3. For projects with mortgages insured by HUD or loans made by HUD, if Owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the Regulatory Agreement; or if Owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan; or 4. If Owner has engaged in any drug-related criminal activity or any violent criminal activity. (b) If City determines that a breach has occurred, City may exercise any of its rights and remedies under the Agreement, or any other available rights and remedies for such breach. City shall notify Owner of such detennination, including a brief statement of the reasons for the determination. The notice by City to Owner may require Owner to take corrective action, as verified or determined by City, by a deadline prescribed in the notice. If a defect is life threatening, Owner must correct the defect within no more than 24 hours. For other breaches or defects, Owner must correct the breach or defect within the period specified by City, which period shall be reasonable wider all of the circumstances. (c) if Owner fails to cure any breach by the deadline prescribed in the notice to Owner, City's rights and remedies for Owner's breach of the Agreement include recovery of overpayments, suspension of Program payments, abatement or other reduction of Program payments, termination of Program payments, and termination of the Agreement. (d) City may seek and obtain additional relief by judicial order or action, including specific performance, other injunctive relief or order for damages. (e) Regardless whether tenants continue to live in any Housing Unit, City may exercise any rights and remedies for Owner breach of the Agreement. (f) City's exercise or non-exercise of any right or remedy for Owner breach of the Agreement is not a waiver of the right to exercise that or any other right or remedy at any time. �� nb HOUSING ASSISTANCE PAYMENT AGREEMENT Page G i Ul ARTICLE IX CITY ACCESS TO PREMISES AND OWNER'S RECORDS (a) Owner must provide any information pertinent to the Agreement that City may reasonably require. (b) City, and its agents shall have full and free access to all Housing Units and the Premises, and to all accounts and other records of Owner that are relevant to the Agreement, including the right to examine or audit the records and to make copies. (c) Owner must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and must provide any information or assistance needed to access the records. (d) Owner shall retain all records pertaining to this Agreement and the Lease Contract for four (4) years following the termination of this Agreement. Owner may destroy said records at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain between City and FEMA regarding the Program payments. ARTICLE X EXCLUSION OF THIRD PARTY RIGHTS (a) A tenant is not a party to or third party beneficiary of this Agreement. The tenant may not enforce any provision of this Agreement, and may not exercise any right or remedy against Owner or City under this Agreement. (b) City may enforce the Lease Contract against Owner, and may exercise any right or remedy against Owner under the Lease Contract. Owner and the tenant may enforce the terns of the Lease Contract against each other according to its terms. (c) City does not assume any responsibility for injury to, or any liability to, any person injured as a result of Owner's action or failure to act in connection with management of any Housing Unit or the Premises or with implementation of the Agreement, or as a result of any other action or failure to act by Owner. (d) Owner is not the agent of City, and the Agreement does not create or affect any relationship between City and any lender to Owner or any suppliers, employees, contractors or subcontractors used by Owner in connection with management of the Housing Units or the Premises or with implementation of the Agreement. ARTICLE XI PROHIBITION AGAINST INTEREST (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Owner is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the provisions to be performed hereunder. lit DAD 10, HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 R ise fSl Shk �11•U (b) No member, officer, or employee of Owner shall have a financial interest, direct or indirect, in this Agreement or the Rent or Program payments transferred hereunder or be financially interested, directly or indirectly, in the sale to Owner of any land, materials, supplies or services purchased with any Rent or Program payments transferred hereunder, except on behalf of Owner, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Owner shall render this Agreement voidable by City. ARTICLE XII ASSIGNMENT OF AGREEMENT (a) Owner may not assign the Agreement without the prior written consent of City. (b) City may assign this Agreement to FEMA or HUD or any other state or federal agency without consent of Owner. ARTICLE XIII WRITTEN NOTICES All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Agreement or at such other address as the receiving Party designates by proper notice to the sending Party. ARTICLE XIV ENTIRE AGREEMENT;INTERPRETATION The Agreement contains the entire agreement between Owner and City. ARTICLE XV MISCELLANEOUS PROVISIONS (a) Owner shall provide all reasonably necessary documentation requested by City to obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt of City's request. (b) Owner waives all security deposits, applications fees, employment and credit checks for tenants under this Agreement; however, Owner may require a tenant to provide information regarding tenant's criminal background history if Owner customarily performs such checks. (c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter program change during the term of this Agreement, Owner and City shall amend this Agreement to conform with such changes. Owner may terminate this Agreement at no cost to City if it does not consent to the amendment. (d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter the , 2 A "Y HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 invalidity shall not affect other provisions which can be given effect without the invalid provision. (e) City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. (f) Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Agreement, venue for action shall lie in Tarrant County, Texas. (g) This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be approved by each Party. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies, on the date or dates indicated below. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05 ATTEST: CITY OF F T O Hf1\r\ By: Marty Hendrix,tity Secretary Joe Pania,A si nt City Manager LNO h & 11i:QUIRED Date: c� APPROVED AS TO FORM AND L GALITY: Assistant City Attorney OWNER STANLEY W. WENDE B . : q �'. - A Name: DONNA J. H USDEN , AGENT Title: PRESIDENT, INTEGRITY HOME MGMT. Date: 9-21-05 CITE HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Revised 9/15/05 EXHIBIT "A" HOUSING UNITS The Housing Units shall include the following units, subject to change in accordance with the provisions of this Agreement: Four Bedroom Housing Units (insert addresses below 326 WAYNE , FORT WORTH, TX 76111 328 WAYNE, FORT WORTH, TX 76111 EXHIBIT "B" RENT During the Agreement term, the rent to Owner may at no time exceed the Fair Market Rent as set forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution of this Agreement, as follows: (1) $558.00 for a zero bedroom unit; (2) $597.00 for a one bedroom unit, (2) $732.00 for a two bedroom unit, or (3) $995.00 for a three bedroom unit. The Housing schedule above is for an unfurnished one to four single family dwelling. The rent for the units under this Agreement is$875.00 for a four bedroom unit. IT i EXHIBIT "C" UTILITIES AND APPLIANCES Owner shall provide or pay for the utilities and appliances indicated below by an "O." City shall provide or pay for the utilities and appliances indicated below by a "C." Tenant shall provide or pay for the utilities and appliances indicated below by a "T." Unless otherwise specified below, Owner shall pay for all utilities and appliances provided by Owner. Item Specify fuel type Provided by Paid by Heating ❑ Natural gas ❑ Bottle gas ® Electric Cooking ❑ Natural gas ❑ Bottle gas L3 Electric C Water Heating ❑ Natural gas ❑ Bottle gas 13 Electric Other Electric C' Water C Sewer C" Trash Collection C' Air Conditioning Refri erator 0 0 Range icrowave O O Other(specify) EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY OWNER WITH TENANTS SHALL BE ATTACHED] ] �V Y U til C�S� tl� f►1d Un^1 �� TEXAS ASSOCIATION OF REALTORS® RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTFIORIZED. ®Texas Association of REALTORS®,Inc 2003 Contents No. Paragraph Description Pg, No. Paragraph Description Pg_ 1. Parties 2 D. Prohibitions 2. Property 2 E. Failure to Maintain 3. Term 2 18. Repairs 9 A. Primary Term A. Repair Requests B. Delay of Occupancy B. Completion of Repairs 4. Automatic Renewal & Termination 2 C. Payment of Repair Costs 5. Rent 3 D. Trip Charges A. Monthly Rent E. Advance Payments & Reimbursement B. Prorated Rent 19. Security Devices& Exterior Door Locks 10 C. Place of Payment 20. Smoke Detectors 10 D. Method of Payment 21. Liability 11 E. Rent Increases 22. Holdover 11 6. Late Charges 3 23. Residential Landlord's Lien 11 7. Retuned Checks 4 24. Subordination 11 8. Application of Funds 4 25. Casualty Loss or Condemnation 11 9. Pets 4 26. Special Provisions 11 10. Security Deposit 4 27. Default 11 A. Security Deposit 28. Early Termination 12 B. Interest A. Military C. Refund B. Assignment and Subletting D. Deductions 29. Attorney's Fees 13 11. Utilities 5 30. Representations 13 12. Use and Occupancy 6 31. Addenda 13 A. Occupants 32. Notices 13 B. Phone Numbers 33. Agreement of Parties 13 C. HOA Rules 34. Information 14 D. Prohibitions E. Guests ADDENDA& EXHIBITS(check all that apply) F. Common Areas 13. Vehicles 6 ❑ Addendum Regarding Lead-Based Paint 14. Access by Landlord 6 ❑ Agreement Between Brokers A. Signs ❑ Agreement for Application Deposit and Hold on B. Access Property C. Trip Charges ❑ Inventory and Condition Form D. Keybox ❑ Landlord's Rules and Regulations 15. Move-In Condition 7 ❑ Owners'Association Rules 16. Move-Out 7 ❑ Pet Agreement A. Move-Out Condition ❑ Pool/Spa Maintenance Addendum B. Definitions ❑ Protecting Your Home from Mold C. Personal Property Left After Move-Out ❑ Residential Lease Application 17. Property Maintenance 8 ❑ Residential Lease Guaranty A. Tenant's General Responsibilities ❑ B. Yard Maintenance ❑ C. Pool/Spa Maintenance ❑ (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: Page 1 of 1 Integrity Home Management 5664 Denton Hwy, Fort Worth Tx 76148 Phone:817-581-1495 Fax: Integrity Home Management ; "17951 130.2 Produced with ZipForm-by RE ForrnsNet,LLC 18025 FiReen Mile Road,CGdon Township,Michigan 48035,(800)383.9805 www.zi nn. TEXAS ASSOCIATION OF REALTORSO RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS VMO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2003 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: and Tenant(s): 2. PROPERTY: Landlord leases to Tenant the following real property: Address: legally described as: in County, Texas, together with the following non-real-property items: The real property and the non-real-property are collectively called the"Property". 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date: Expiration Date: B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make-ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1)30 days before the Expiration Date. ❑ (2) days before the Expiration Date. B. If this lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ❑ (1)on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2)on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. (TAR-2001) 10-14-03 Tenants: &Landlord or Landlord's Representative: Page 2 of 14 T5451130.ZFX Produced with ZipForm I by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 www.zipfbrm.com Residential Lease concerning: C. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). If a box is not checked under Paragraph 4A, Paragraph 4A(1)will apply. If a box is not checked under Paragraph 46, Paragraph 46(1)will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of$ for each full month during this lease. The first full month's rent is due and payable not later than Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before the first day of each month during this lease. Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $ as prorated rent from the Commencement Date through the last day of the month in which this lease begins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: Address: Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1)Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2)Time is of the essence for the payment of rent(strict compliance with rental due dates is required). (3)Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by check, cashier's check, money order, or other means acceptable to Landlord. (4)Landlord a requires a does not require Tenant(s)to pay monthly rents by one check or draft. (5)If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by p.m. on the day of the month in which it is due, Tenant will pay Landlord for each late payment: (1)an initial late charge equal to (check one box only):a (a) $ ; or L] (b) % of one month's rent; and (2)additional late charges of$ per day thereafter until rent and late charges are paid in full. Additional late charges may not exceed more than 30 days in any one month. (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: Wage 3 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Cfmton Township,Michigan 48035,(800)3838805 www.zipform.com Residential Lease concerning: B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The late charge is a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED CHECKS: Tenant will pay Landlord$ (not to exceed $25.00) for each check Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, Imus any late charges until Landlord receives payment. Tenant must make any returned check good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Regardless of any notation on a check. Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including but not limited to, late charges-, returned check charges, repairs, brokerage fees, periodic utilities, pet charges, and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1)declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2)charge Tenant, as additional rent, an initial amount of$ and $ per day thereafter per pet for each day Tenant violates the pet restrictions; (3)remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4)charge to Tenant the Landlord's cost to: (a)remove any unauthorized pet; (b)exterminate the Property for fleas and other insects; (c)clean and deodorize the Property's carpets and drapes; and (d)repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of$ "Security deposit" has the meaning assigned to that term in §92.102, Property Code. B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must give Landlord at least thirty (30) days written notice of surrender before Landlord is obligated to refund or account for the security deposit. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: "�' @ Page 4 of 14 CC '5E951130.ZFX Produced with Zi pFarmT"by RE FormsNet,LLC 18025 FifteenMile Road,ClintonC6nMn Township,Michigan 48035,(800)3839805 www.zipform m L': ,i V. A) Uaa'a Residential Lease concerning: (2) Bad faith violations of§92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left-hand corner of this form, is www.capitol.state.tx.us/statutes/pptoc.htm1. D. Deductions: (1)Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; Q) missing or burned-out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date),- (k) ate);(k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) any unpaid charges or fees for which Tenant is responsible under this lease; (p) mailing costs associated with sending notices to Tenant for any violations of this lease; and (q) other items Tenant is responsible to pay under this lease. (2)If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: ,__— Page 5 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)3839805 www.zipform.com Residential Lease concerning: 12. USE AND OCCUPANCY: A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all occupants): B. Phone Numbers: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Tenant may not permit any part of the Property to be used for: (1)any activity which is a nuisance, offensive, noisy, or dangerous; (2)the repair of any vehicle; (3)any business of any type, including but not limited to child care; (4)any activity which violates any zoning ordinance, owners'association rule, or restrictive covenant; (5)any illegal or unlawful activity; or (6)activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. VEHICLES: Tenant may not permit more than vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park any vehicles in the yard. Tenant may not store any vehicles on or adjacent to the Property or on the street in front of the Property. Landlord may have towed, at Tenant's expense, any improperly parked or inoperative vehicle on or adjacent to the Property in accordance with applicable state and local laws. 14. ACCESS BY LANDLORD: A. Si ns: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charaes: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are later denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of$ (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: Page 6 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9005 www.zipform.com Residential Lease concerning: D. Kevbox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS®nor MLS requires the use of a keybox. (1)Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a)during the last days of this lease or any renewal or extension; and (b)at any time Landlord lists the Property for sale with a Texas licensed broker. (2)Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of$ as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. (3)If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are later denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge as provided in Paragraph 14C. (4)Landlord, the property manager, and Landlord's broker are not responsible to Tenant. Tenant's Quests, family, or occupants for any damages, iniuries, or losses arising from use of the keybox unless caused by Landlord, the Property manager, or Landlord's broker. 15. MOVE-IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS-IS provided that Landlord: B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must direct all requests for repairs in compliance with Paragraph 18. 16. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear"means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender"occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a)the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b)Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: (Page 7 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)3839805 www.zipfbrm.com Residential Lease concerning: (3) "Abandonment"occurs when all of the following occur: (a)all occupants have vacated the Property, in Landlord's reasonable judgment; (b)Tenant is in breach of this lease by not timely paying rent; and (c)Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move-Out: (1)If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a)dispose of such personal property in the trash or a landfill; (b)give such personal property to a charitable organization; or (c)store and sell such personal property by following procedures in§54.045(b)4e), Property Code. (2)Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1)for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke detectors and carbon monoxide detectors(of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; and (12) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard"means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard"means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b)controlling pests in the yard; and(c) removing debris from the yard. (3)Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Other than watering, the yard will be maintained as follows: (TAR-2001) 10-14-03 Tenants: &Landlord or Landlord's Representative: (Page 8 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 www,zipfbrm.com Residential Lease concerning: ❑ (a)Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ❑ (b)Tenant, at Tenant's expense, will maintain the yard. ❑ (c)Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; a C. Pool/Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool/Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non-real-property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials which might cause fire or extended insurance coverage to be suspended or canceled or any premiums to be increased; (9) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; and (10) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. B. Completion of Repairs: (1)Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion, (2)Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: _Page 9.of 1A. �y •T'S951 t3E3.�Z �q Produced with ZipForml by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-98M www.zObrm. ------------ Residential Lease concerning: C. Payment of Repair Costs: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay, the first$ of the cost to repair each condition in need of repair, and Landlord will pay the remainder, except for the following conditions which will be paid as follows. (1)Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair: (a)a condition caused by the Landlord or the negligence of the Landlord; (b)wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment; (c)a condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant; and (d)a condition in the following items which is not caused by Tenant or Tenant's negligence: (1)heating and air conditioning systems; (2)water heaters; or (3)water penetration from structural defects. (2)Repairs that Tenant will Pay Entirely: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay the entire cost to repair: (a)a condition caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage for which Tenant may be responsible); (b)damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the Property; (c)damage to doors, windows, or screens; and (d)damage from windows or doors left open. (3)Appliances or Items that will not be Repaired: Landlord does not warrant and will not repair or replace the following: D. Trip Charges: If Landlord or a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charges incurred. E. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or (payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in§92.151, Property Code. B. All notices or requests by Tenant for rekevinq, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekevinq or replacement of security devices desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landlord. 20. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR-2001) 10-14-03 Tenants: __ & Landlord or Landlord's Representative: Page 10 of 14 T5951130.7FX Produced with ZipForml by RE FormsNet,LLC 1&025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383.9806 Residential Lease concerning: 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Property caused by by Tenant, Tenant's guests, any occupants, or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys'fees. Rent for any holdover period will be three (3)times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's nonexempt Personal property that is in the Property and may seize such nonexempt property if Tenant fails to pay rent. Subchapter C. Chapter 54, Property Code governs the rights and obligations of the parties regarding Landlord's lien. Landlord may collect a charge for packing, removing, or storing property seized in addition to any other amounts. Landlord is entitled to receive. Landlord may sell or dispose of any seized property in accordance with the provisions of§54.045, Property Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii)all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (TAR-2001) -10-14-03 Tenants: & Landlord or Landlord's Representative: _ Page 11 of 14 T5951130.ZFX Produced with ZipForm-by RE ForrnsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)3819805 Residential Lease concerning: (1)Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; (2)all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3)Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4)Tenant will be liable for: (a)any lost rent; (b)Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c)repairs to the Property for use beyond normal wear and tear; (d)all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, and prejudgment interest; (e)all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 27B(1) may be by any means permitted by§24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Military: Tenant may terminate this lease if: (i) Tenant is or becomes member on active duty of the United States uniformed services (the armed forces or the commissioned corps of the NOAA or PHS); and (ii) Tenant receives permanent change of station (PCS) orders or deployment orders for not less than 90 days. To terminate this lease under this paragraph, Tenant must deliver to Landlord: (i) a copy of the orders; and (ii)written notice of termination that specifies the effective date of termination which may not be earlier than 30 days after the first date on which the next rental payment is due after the date the notice is delivered. This paragraph does not apply to orders authorizing base or post housing. B. Assignment and Subletting: (1)Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2)If Tenant requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3)Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or(c) an assignment of this lease in a form approved by Landlord. (4)At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a)if Tenant procures the assignee, subtenant, or replacement tenant: ❑ (i) $ ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (TAR-2001) 10-14-03 Tenants: & Landlord or Landlord's Representative: , Page 12 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mlle Road,Clinton Township,Michigan 48035,(800)383.9806 Residential Lease concerning: (b)if Landlord procures the assignee, subtenant, or replacement tenant: ❑ (i) $ ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5)Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non-prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. 32. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by facsimile transmission to: Tenant at the Property and a copy to: Landlord Go: Phone: Phone: Fax: Fax: 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. (TAR-2001)10-14-03 Tenants: &Landlord or Landlord's Representative: ___ ,_- _ Page 13 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mite Road,Clinton Township,MicNgan 48035,(800)383-9805 Residential Lease conceming: G. Copyright: If an active REALTOR®member of the Texas Association of REALTORS®or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquires about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii)Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Phone: Address: E-mail: F. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ❑ intends ❑ does not intend to purchase such insurance. G. Landlord's broker, ❑ will ❑ will not act as the property manager for landlord. H. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. Landlord Date Tenant Date Landlord Date Tenant Date Or signed for Landlord under written property management Tenant Date agreement or power of attomey: By: _ Printed Name: Tenant Date Firm Name: (TAR-2001) 10-14-03 Page 14 of 14 T5951130.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Craton Township,Michigan 48035,(800)3839805