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HomeMy WebLinkAboutContract 33042 CITY 3ECRETAFJY` CONTRACT NO. INTERIM SHELTER AGREEMENT BETWEEN THE CITY OF FORT WORTH and DUNRAVEN GLADE,LTD. 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 �P Counties,Texas,acting by and through its duly authorized Assistant City Manager, Joe M a, RAAI Ojw whose address is 1000 Throckmorton, Fort Worth, Texas 76102 and DUNRAVEN GLADE, LTD, ("Owner"), whose address is 1701 River Run Rd., Ste. 1021, Fort Worth, Texas 76107 (Owner address), acting by and through Rebecca C.Lucas, its duly authorized General Partner. (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 11 LEASE OF HOUSING UNITS (a) This Agreement applies to the Housing Units specified in the attached Ex b , ("Housing Units"whether one or more single family one to four dwellings). p HOUSING ASSISTANCE PAYMENT AGREEMENT Page I Revise (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. 6 0 .. _... HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 Revis 9/{S'i05 (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 (12) 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 During 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: 1. 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 HUD requirements, 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 in accordance with the MAS because of an increase in tenant's family size or a change in tenant's family composition. 6. If the composition of the tenant's family residing in the Housing #t?changes;;'� j'" City may terminate the Agreement as to that Housing Unit, or ay continue HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 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 Owner 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 Revised 9/15/05 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 VIII 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: 1. 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 determination, 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 under 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 ea*.- ,thy ,L 1 Zv,��.✓ Agreement is not a waiver of the right to exercise that or any other right or remedy a HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05 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 terms 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. HOUSING ASSISTANCE PAYMENT AGREEMENT Page 7 Revised 9/15/05 (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 thereof, such HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/05 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 For W T By: Marty Hendrix, ity Secretary Joe Pania p a, i a City Manager Date: 2 30 ° APPROVED AS TO FORM AND LEGALITY((: 'Assistant City Attomev ._..._ 07ER, Dunraven Glade, td. NO M&C REQUIRED r�' By: Rebecca C. Lucas Title: General Partner Date: December 29, 2005 HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10 Reviser 9i 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: One Bedroom Housing Units insert addresses below): Two Bedroom Housing Units (insert addresses below): 3740 Hulen Park Cr. Fort Worth,Texas 76123 Three Bedroom Housing Units (insert addresses below): Four Bedroom Housing Units insert addresses below): Five Bedroom Housing Units insert addresses below): 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. 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 G Natural gas G Bottle ga Electric G C Cooking G Natural gas G Bottl Electric G C Water Heating G —Natural gas G Bottle gas G Electric G C Other Electric C C Water C C Sewer C C Trash Collection C C Air Conditioning C C Refrigerator O O Washer O O Dryer O O °ewral Heat&A/C and its quarterly ntaimenance(exchange filters,etc.) O O Stogy e/Range O O Regular Lawn Maintenance O O Other(specify) S. EXHIBIT "D" LEASE CONTRACT [SAMPLE LEASE USED BY OWNER WITH TENANTS SHALL BE ATTACHED] EXHIBIT "E" TENANCY ADDENDUM 1. KATRINA Interim Shelter Program a. Owner is leasing the unit ("Housing Unit') 4. Rent to Owner as described in the lease to which this a. The initial rent to Owner may not exceed the addendum is attached ("Lease Contract") to amount approved by City in accordance with the tenant for occupancy by the tenant's Program requirements. family with funding for a tenancy under the b. Changes in the rent for any Housing Unit Katrina interim shelter program("Program") shall be determined by the provisions of the of the City of Fort Worth,Texas("City"). Lease Contract. However, Owner may not b. Owner has entered into an Interim Shelter raise the rent during the initial term or any Agreement ("Agreement") with City for the renewal term of the Lease Contract. Program. Under the Agreement, City will make Program payments to Owner to assist 5. Tenant Payment to Owner the tenant in leasing the Housing Unit from a. Each month, City will make a Program Owner. payment to Owner on behalf of tenant in accordance with the Agreement. The 2. Lease monthly Program payment shall be applied a. Owner will give City a copy of the executed to the monthly rent to Owner for the Lease Contract, including any revisions Housing Unit. agreed by Owner and the tenant. Owner c. The tenant is not responsible for paying the certifies that the terms of the Lease Contract portion of rent to Owner covered by City are in accordance with all provisions of the Program payment under the Agreement Agreement and that the Lease Contract between Owner and City. An uncured includes this tenancy addendum. failure by City to pay the Program payment b. The tenant and Owner shall have the right to to Owner is ground for Owner to terminate enforce this Tenancy Addendum against the the tenancy for nonpayment of City Program other party. If there is any conflict between payment; however, tenant shall not be the Tenancy Addendum and any other obligated for any rent deficiency. provisions of the Lease Contract, the d. Owner may not charge or accept, from the language of the Tenancy Addendum shall tenant or from any other source, any control. payment for rent of the Housing Unit in addition to the rent amount set forth in the 3. Use of Housing Unit Lease Contract. Rent to Owner includes all a. During the Lease Contract term, the tenant housing services, maintenance, utilities and will reside in the Housing Unit with appliances to be provided and paid by Program payments from City. Owner in accordance with the Lease b. The composition of the tenant's household Contract. must be approved by City. The tenant must promptly inform City of the birth, adoption or court-awarded custody of a child by 6. Other Fees and Charges tenant or any person residing in tenant's a. Rent to Owner does not include cost of any Housing Unit. Other persons may not be meals or supportive services or furniture added to the household without prior written which may be provided by Owner. approval of Owner and City. b. Owner may not require the tenant or tenant's c. The Housing Unit may only be used for family members to pay charges for any residence by the tenant's family. The unit meals or supportive services or furniture (if must be the family of tenant's only any), which are to be provided by Owner residence. Members of the household may pursuant to the Lease Contract.Nonpayment engage in legal profit making activities to of any such charges is not grounds for the extent permitted in the Lease Contract. termination of tenancy. d. The tenant may not sublease or let the unit. c. Owner may not charge the tenant extra e. The tenant may not assign the Lease amounts for items customarily included in Contract or transfer the unit. rent to Owner in the locality, or provided at no additional cost to unsubsidized tenants in if any member of the tenant's the premises. household, a guest or another person under a tenant's or resident's control 7. Maintenance, Utilities, and Other commits any of the following types of Services criminal activity: a. Maintenance (a) Any criminal activity that (1) Owner must maintain the unit and threatens the health or safety premises in accordance with the MAS of, or the right to peaceful (as defined in the Agreement). enjoyment of the premises by,. (2) Maintenance and replacement other residents (including (including redecoration) must be in property management staff accordance with the standard practice residing on the premises); for the building concerned as (b) Any criminal activity that established by Owner. threatens the health or safety b. Utilities and appliances of, or the right to peaceful (1) Owner must provide all utilities enjoyment of their residences needed to comply with the MAS. by, persons residing in the (2) Owner is not responsible for a breach immediate vicinity of the of the MAS caused by the failure to: premises; (a) Pay for any utilities that are to (c) Any violent criminal activity be paid by City. on or near the premises;or (b) Provide and maintain any (d) Any drug-related criminal appliances that are to be activity on or near the provided by or on behalf of the premises. tenant. (2) Owner may terminate the tenancy (3) Tenant damage. Owner is not during the term of the Lease Contract responsible for a breach of the MAS if any member of the household is: because of damages beyond normal (a) Fleeing to avoid prosecution, wear and tear caused by any member or custody or confinement of the household or by a guest. after conviction,for a crime,or (4) Housing services. Owner must attempt to commit a crime,that provide all housing services as agreed is a felony under the laws of to in the Lease Contract. the place from which the individual flees;or 8. Termination of Tenancy by Owner (b) Violating a condition of a. Requirements. Owner may only terminate probation or parole under the tenancy in accordance with the Lease Federal or State law. Contract and FEMA or HUD requirements. (3) Owner may terminate the tenancy for b. Grounds. During the term of the Lease criminal activity by a household Contract (the initial term of the Lease member of tenant's Housing Unit in Contract or any extension term),Owner may accordance with this section if Owner only terminate the tenancy because of: determines that the household (1) Serious or repeated violation of the member has committed the criminal Lease Contract; activity, regardless of whether the (2) Violation of Federal, State, or local household member has been arrested law that imposes obligations on the or convicted for such activity. tenant in connection with the (4) Owner may terminate the tenancy occupancy or use of the unit and the during the term of the Lease Contract premises; if any member of the household has (3) Criminal activity or alcohol abuse(as engaged in abuse of alcohol that provided in paragraph c);or threatens the health, safety or right to (4) Other good cause (as provided in peaceful enjoyment of the premises paragraph d). by other residents. c. Criminal activity or alcohol abuse. d. Other good cause for ter natr► (1) Owner may terminate the tenancy tenancy. After the initial Lea g duringthe term of the Lease Contract term,such good cause includes: (a) The tenant's failure to accept origin, familial status or disability in connection Owner's offer of a new Lease with the Lease Contract. Contract or revision; (b) Owner's desire to use the unit 14. Conflict with Other Provisions of Lease for personal or family use or Contract for a purpose other than use as a. The terms of the Tenancy Addendum are a residential Housing unit;or prescribed by City as a condition for (c) A business or economic reason assistance to the tenant and tenant's family for termination of the tenancy under the Program. (such as sale of the property, b. In case of any conflict between the renovation of the unit,Owner's provisions of the Tenancy Addendum as desire to rent the unit for a required by City,and any other provisions of higher rent). the Lease Contract or any other agreement e. Eviction by court action. Owner may only between Owner and the tenant, the evict the tenant by a court action. requirements of this Tenancy Addendum f. Owner notice of grounds shall control. (1) At or before the beginning of a court c. In case of any conflict between the action to evict the tenant,Owner must provisions of the Agreement and the give the tenant a notice that specifies Tenancy Addendum or Lease Contract, the the grounds for termination of Agreement shall control. tenancy. The notice may be included in or combined with any Owner 15. Changes in Lease Contract or Rent eviction notice. a. The tenant and Owner may not make any (2) Owner must give City a copy of any change in the Tenancy Addendum. Owner eviction notice at the same However, if the tenant and Owner agree to time Owner notifies the tenant. any other changes in the Lease Contract, (3) Eviction notice means a notice to such changes must be in writing,and Owner vacate, or a complaint or other initial must immediately give City a copy of such pleading used to begin an eviction changes. The Lease Contract, including any action under State or local law. changes, must be in accordance with the requirements of the Tenancy Addendum. 9. Lease: Relation to Agreement b. In the following cases, tenant-based If the Agreement terminates for any reason, the assistance shall not be continued unless City Lease Contract terminates automatically. has approved a new tenancy in accordance with Program requirements: 10. City Termination of Assistance (1) If there are any changes in Lease City may terminate Program assistance for the Contract requirements governing tenant for any grounds authorized in accordance tenant or Owner responsibilities for with the Agreement requirements. If City utilities or appliances;or terminates Program assistance for the tenant (2) If there are any changes in Lease and/or tenant's family, the Lease Contract Contract provisions governing the terminates automatically. term of the Lease Contract. c. City approval of the tenancy, and execution 11. Tenant Move Out of a new Agreement, are not required for The tenant must notify City and Owner before agreed changes in the Lease Contract other the occupants move out of the Housing Unit. than as specified in paragraph b. d. Owner must notify City of any changes in 12. Security Deposit the amount of the rent to Owner at least 35 Owner may NOT collect a security deposit from days before any such changes go into effect, the tenant. and the amount of the rent to Owner following any such agreed change may not 13. Prohibition of Discrimination exceed the reasonable rent for the unit as In accordance with applicable equal opportunity most recently determined or predetermined statutes, Executive Orders, and regulations, by , City in accordance with HUD Owner must not discriminate against any person requirements. because of race, color, religion, sex, national 16. Notices Any notice under the Lease Contract by the tenant to Owner or by Owner to the tenant must be in writing. TENANT(S) ER RESIDENTIAL LEASE CONTRACT Date of Lease Contract:December 2005 This is a binding legal document. Read it carefully before signing (when the Lease contract is filled out) MOVING IN MNERAL R&ORMATION PARTIES: This Lease Contract is between you,the 5. RENT AND CHARGES: You will pay$732.00 per resident(s) (list all people signing the lease month rent, payable in advance without demand at Contract): CARMEN HOWS and the owner: 1701 River Run Rd. Ste. 1021 Fort Worth,Texas DUNRAVEN GLADE,LTD. 76107 and payable to Dunraven Glade, Ltd. Prorated rent of$0 is due on signing of this lease, You have agreed to rent the following duplex, and for the remainder of December, 2005. The first full any grounds, garage, or other improvements located month's rent is due on January 1, 2006. You must at 3740 Hulen Park Circle, Fort Worth, Texas for pay your rent on or before the 3'd day of each use as a private residence only. The terms "you" month (due date) with no grace period. Cash is and "your" refer to all residents listed above. The unaccepted without our prior written permission. terms "we" and `tis" and "our" refer to the owner You must not withhold or offset rent unless listed above and not to the property manager or any authorized by statute. We may, at our option, one else. If anyone else has guaranteed performance require at any time that you pay all rent and other of this Lease Contract, a separate Lease Contact sum in cash, certified or cashier's check, money Guaranty for each guarantor is attached. order, or one monthly check rather than multiple checks. If you don't pay all rent on or before the P 1. OCCUPANTS: The dwelling will be occupied only day of the month and we haven't given notice to by you and (list all other occupants not signing the vacate on or before that date, you'll pay an initial Lease Contact):NONE. late charge of$30.00 plus a late charge of$5.00 per day after that date until paid in full. Daily late No one else may occupy the dwelling. Persons not charges will not exceed 15 days for any single listed above must not stay in the dwelling for more month's rent. You'll also pay a charge of$25.00 for than 3 consecutive days without our prior written each returned check, plus an initial and daily late consent, and nor more than twice that many days in charge from due date until we receive acceptable one month. If the previous space isn't filled in, two payment. If you don't pay rent on time, you'll be days per month is the limit. delinquent and remedies under this Lease Contract will be authorized. If you violate the animal 2. LEASE TERM: The initial term of the Lease restrictions of this lease agreement or other animal Contract begins on the I' day of January 2006, and rules, you'll pay an initial charge of $100.00 per ends at 6:00 p.m. on the 31" day of December, animal and a daily charge of$10.00 per animal from 2006. This Lease contact will automatically renew the date the animal was brought to your dwelling month-to-month unless either party gives written until it is finally removed. We'll also have all other notice of termination or intent to move out as remedies for such violation. required by this lease agreement. 6. UTILITIES: You'll pay for all utilities, including 3. SECURITY DEPOSIT: Your total security deposit electricity, gas, water, wastewater, trash, and cable for all residents is WAIVED, due on or before the TV unless indicated otherwise in this lease date this Lease Contact is signed. This amount does agreement. You'll pay for all related deposits, not include an animal deposit. charges, fees, and services on utility bills connected in your name. If you paid your bill directly to the 4. KEYS AND FURNITURE: You will be provided 1 utility company, you must not allow utilities to be dwelling key and 1 garage door opener.Your spouse disconnected—including disconnection for not or any resident or occupant who has permanently paying your bills until Lease Contract term or moved out according to a remaining resident's renewal ends. Utilities may be used only for normal affidavit is (at our option) no longer entitled to household purposes and must not be wasted. If your occupancy or keys. Your dwelling will be electricity is ever interrupted use only battery unfitrnished. operated lighting. EXHIBIT Your initials Initials of our Representative Residential Lease Contract-Page I of 13[1 — I 7. INSURANCE: We urge you to get your own 5 ecial Provisions and"What If"Clauses insurance for losses due to theft,fire, water damage and the like. You intend to[check one] 9. SPECIAL PROVISIONS: The following special provisions and any addenda or written rules _not buy insurance to protect against such losses; furnished to you or before signing supercede any or conflicting provisions of this printed Lease Contact _buy insurance from your own agent to cover such form. Although there is a security system, you losses. have elected NOT to activate it which would cost an additional$25.00 per month. If neither is checked,you acknowledge that you will not have insurance coverage. Signature: 8. YOUR SECURITY RIGHTS; What we must provide: Texas law requires, with some exceptions, RELETTING CHARGE: You'll be liable to us that we must provide at no cost to you when for a reletting charge of$573.75 not to exceed 85% occupancy begins: (1) a window latch on each of the highest monthly rent during the Lease window; (2) a door-viewer (peephole) on each Contract term if you: exterior door; (3) a pin lock on each sliding glass (1) fail to give written move-out notice required door,(4)either a door handle latch or security bar or under this lease;or a keyed dead bolt lock on one entry door. Keyed (2) move out without our written approval and lock(s) will be re-keyed after the prior resident without paying rent in full for the entire Lease moves out. The re-keying will be done either before Contract term or renewal period;or you move in or within 7 days after you move in, as (3) move out at our demand because of your required by statute. If we fail to install or re-key default;or security devices as required by the Property Code, (4) are judicially evicted. you have the right to do so and deduct the reasonable cost from your next rent payment under The reletting charge is not a cancellation fee and Section 92.165 (1)of the Code. does not release you from your obligations under this Lease Contract. What You May Request: Subject to some limitations, under Texas law you may at any time Not„a Release. The reletting is not a Lease Contract ask us to: (1) install one keyed dead bolt lock on an cancellation for or buyout fee. It is an agreed exterior door of it does not have one; (2) install a liquidated amount covering only part of our security bar on a sliding glass door if it does not damages, that is our time, effort, and are uncertain have one; and (3) change or re-key locks or latches. and difficult to ascertain-particularly those relating We must comply with those requests, but you must to inconvenience, paperwork, advertising, showing pay for them. the dwelling, utilities, for showing, checking prospects, office overhead, marketing costs, and What You Are Now Requesting. Subject to locator service fees. You agree that the reletting statutory restrictions on what security devices you charge is a reasonable estimate of such damages and may request, you are now requesting us to install or that the charge is due whether or not our reletting change at your expense: attempts succeed. If no amount is stipulated, you must pay our actual reletting costs so far as they can If no item is fitted in,then you are requesting none at this time. be determined. The reletting charge does not Payment. We will pay for missing security devices release you from repainting, repainting, or un- that are required by statute. You will pay for(1)re- returned keys,or other sums due. keying that you request (except when we failed to 10. REIMBURSEMENT:You must promptly reimburse re-key after the previous resident moved out), and us for loss, damage, government fines, or costs of (2Lepairs or replacements due to misuse or damage repairs or service in the dwelling due to a violation by you or your family, occupants, or Quests. You of the Lease Contract or rules, improper use, or must pay immediately after the work is done unless state statute authorizes advance payment. You also negligence of you or your gue Unless the damage or wastewaters oiivke is due to must pay for additional or changed security devices our negligence, we are not liable Vou must ^,? you request,in advance or afterward,at our option. pay for repairs, replacement costs ari ama e to :'J n• r 9 the following if occurring during thi LQe'.Contract1 U3 Your initials Initials of our Representative Residential Lease Contract-Page 2 of 13 term or renewal period: (1) damage to doors, Property Code, you may redeem the property by windows, or screens; (2) damage from windows or paying all delinquent rent due at the time of seizure. doors left open; and (3) damage from wastewater But if notice of sale (set forth as follows) is given stoppage caused by i=Wer objects in lines before you seek redemption, you may redeem only exclusively servingyourdwelling. We may require by paying the delinquent rent and reasonable payment at any time, including advance payment of charges for packing, removing and storing. If we repairs for which you are liable.Delay in demanding have removed and stored property after surrender, sums you owe is not a waiver abandonment, or judicial eviction you may redeem only by paying all sums you owe, including rent, 11. CONTRACTUAL;LIEN AND PROPERTY LEFT late charges,reletting charges,storage,damages,etc. IN DWELLING: All property in the dwelling is We may return redeemed property at the place of (unless exempt under Section 54.042 of the Texas storage, the management office, or the dwelling (at Property Code)subject to a contractual lien to secure our option). We may require payment by cash, payment of delinquent rent. For this purpose. money order or certified check. "dwelling" excludes outside areas but includes interior living areas and exterior patios, balconies, Disposition or Sale. Except for animals and attached garages, and storerooms for your exclusive property removed after the death of a sole resident, use. we may throw away or give to a charitable organization all items of personal property that are: Removal After We.Exmise Lien for Rent: If your (1) left in, the dwelling after surrender or rent is delinquent our representative may peacefully abandonment;or(2)left outside more than one hour enter the dwelling and remove and/or store all after writ of possession is executed, following a property subject to lien.Written notice of entry must judicial eviction. Animals removed after surrender, be left afterwards in the dwelling in a conspicuous abandonment,or eviction may be kenneled or turned place-plus a list of items removed. The notice must over to local authorities or humane societies. state the amount of delinquent rent and the name, Property not thrown away or given to a chanty may address, and phone number of the person to contact only be disposed of only by sale,which must be held about the amount owed. The notice must also state no sooner than 30 days after written notice of date that the property will be promptly returned when the and time and place of sale is sent by both regular delinquent rent is fully paid. All property in the mail and certified mail (return receipt requested) to dwelling is presumed yours unless proven otherwise. your last known address. The notice must itemize the amounts you owe and the name, address, and Removal. After Surrender, Abandonment, or phone number of the person to contact about the Eviction: We or law officers may remove and/or sale, the amount owed and your right to redeem the store all property remaining in the dwelling or in the property. Sale may be public or private,is subject to outside areas (including any vehicles you or any any third party ownership liens claims, must be in occupant or guest owns or uses) if you are judicially the highest cash bidder, and may be in bulk, in evicted or if you surrender or abandon the dwelling. batches, or item-by-item. Proceeds exceeding sums owed must be mailed to you at your last known Storage. We will store property removed under a address within 30 days after sale. contractual lien. We may store,but have no duty to store, property removed after judicial eviction, 12. FAILING TO PAY FIRST MONTHS RENT: If you surrender, or abandonment of the dwelling. We are don't pay the first months rent when or before the not liable for casualty loss, damage or theft except Lease Contact begins, all future rent will be for property removed under a contractual lien. You automatically accelerated without notice and must pay reasonable charges for our packing and immediately due. We also may end your right to removing, storing, and selling any property. We occupancy and recover damages, future rent, have a lien on all property removed and stored after reletting charges, attorney's fees, court costs, and surrender, abandonment, or judicial eviction for all other lawful charges. Our rights and remedies under sums you owe, with one exception: our lien on this lease apply to acceleration under this lease. property listed under Property Code Section 54.042 is limited to charges for packing, removing and 13. RENT,INCREASES' AND.;LEASE CONN1tAGT storing. CHANGES No rent increases or Lease Contract changes are allowed before the iiit,ial2Leasq Redemption: If we have seized and stored property Contract term ends, except for charge "6�kd-by under a contractual lien for rent as authorized by the any special provisions in this lease a eetterit, b Your initials Initials of our Representative Residential Lease Contract-Page 3 of 13 written addendum or amendment signed by you and enforcement, governmental, or business purposes, us, or by reasonable changes of our rules allowed we may provide it. under this lease. If,at least 35 days before the lease contract term or renewal periods ends, we give you 1 ,.H OS U TN:'THE.DWELLI=NG written notice of rent increases or Lease Contract changes effective when the Lease Contract term or 16. POLICIES OR RULES: You and all guests and renewal period ends, this Lease Contract will occupants must comply with any written rules and automatically continue month-to-month with the policies, including instructions for care of our increased rent or Lease Contract changes. The new property. Our rules are considered as part of this modified Lease Contract will begin on the date Lease Contract. You must comply with any stated in the notice (without the necessity of your subdivision or deed restrictions that apply. signature) unless you give us written move-out notice under this lease. 17. LIMITATIONS ON CONDUCT: The dwelling and other areas reserved for your private use must be 14. DELAY IN OCCUPANCY: If occupancy is or will kept clean. Trash must be disposed of at lease be delayed for construction,repairs,or cleaning,or a weekly in appropriate receptacles in accordance with previous resident's holding over, we are not local ordinances. Passageways may be used only for responsible for the delay. The Lease Contract will entry or exit. Any swimming pools, spas, remain in force subject to: (1) abatement of rent on storerooms,and similar areas must be used with care a daily basis during the delay; and (2) your right to in accordance with our rules and posted signs. Class terminate as set forth below. Termination notice containers are prohibited in or near pools. You,your must be in writing. After termination, you are occupants, or guests may not anywhere in the entitled only to refund of deposit(s) and any rent dwelling or outside areas use candles or kerosene paid. Rent abatement or Lease Contract termination lamps without our prior written approval, or solicit does not apply if delay is for cleaning or repairs that business or contributions. Conducting any kind of do not prevent you from occupying the dwelling. business (including child-care services) in your dwelling is prohibited - - except that any lawful If there is a delay and we have not noticed you of business conducted"at home"by computer,mail,or delay as set forth immediately below, you may telephone is permissible if customers, clients, terminate up to the date when the dwelling is ready patients, or other business associates do not come to for occupancy,but not later. your dwelling for business purposes. We may regulate: (1) the use of patios, balconies, and (1) If we give written notice to any of you when or porches; (2) the conduct of furniture movers and after the Lease Contract begins - - and the delivery persons; (3) recreational activities in notice states that occupancy has been delayed outside areas. You will be liable to us for damage because of construction or a previous resident's caused by you or any guests or occupants. holding over, and that the dwelling will be ready on a specific date - - you may terminate We may exclude guests or others who, in our the Lease Contract within 3 days of your judgment,have been violating the law,violating the receiving notice,but not later. Lease Contract or any of our rules, or disturbing other persons, neighbors, visitors, or owner (2) If we give written notice to any of you before representatives. We may also exclude from any the effective Lease Contract date and the notice outside area a person who refuses to show photo states that construction delay is expected and identification or refuses to identify himself or that the dwelling will be ready for you to herself as a resident,occupant,or guest of a specific occupy on a specific date, you may terminate resident. the Lease Contract within 7 days after you receive written notice, but not later. The 18. PROHIBITED CONDUCT: You and your readiness date is considered the new effective occupants or guests may not engage in the following Lease Contract date for all purposes. This new activities: behaving in a loud or obnoxious manner; date may not be moved to an earlier date unless disturbing or threatening the rights, comfort, health, you and we agree. safety, or convenience of others (including our agents and employees) in or near the dwelling; 15. DISCLOSURE RIGHTS: If someone requests disrupting our business operations; manufacturing, information on you or your rental history for law- delivering, possessing with intent to deliver, otherwise possessing a controlled substance or drug Your initials Initials of our Representative Residential Lease Contract-Page 4 of 13 paraphernalia; engaging in or threatening violence, either a copy of the official permanent change-of- possessing a weapon prohibited by state law; station orders or a deployment letter or order. discharging a firearm in the dwelling; displaying or Military permission for base housing does not possessing a gun, having gas appliances, tampering constitute a permanent change-of-station order. with utilities; bringing hazardous materials into the After move-out, you are entitled to a return of your dwelling; having or using glass containers in the security deposit, less lawful deductions. The release pool area;and using candles or kerosene lamps. of a resident under this military clause will only release that resident and his or her legal dependents. 19. PARKING: We may regulate the time,manner,and It will not release the remaining co-residents. place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles. We may 22. RESIDENT SAFETY AND PROPERTY LOSS: have illegally parked vehicles towed under an You and all occupants and guests must exercise due appropriate statute. A vehicle is prohibited if it: care for your own and others; safety and security, especially in the use of smoke detectors, dead bolt (1) has flat tires or other conditions rendering it locks, and keyless bolting devices, window latches, inoperable; and other safety or security devices, You must read (2) has an expired license or inspection sticker; the Security Guidelines on page 10. (3) takes up more than one parking space, if the dwelling complex has more than one living unit; 23. SMOKE DETECTORS: We will furnish smoke (4) belongs to a resident or occupant who has detectors as required by statute, and we will test surrendered or abandoned the dwelling; them and provide working batteries when you first (5) blocks another vehicle from exiting; take possession. After that, you must pay for and (6) is parked in a fire lane or a designated "no replace batters as needed, unless the law provides parking"area; otherwise. We may replace dead or missing (7) is parked in a space marked for other resident(s) batteries at your expense, without prior notice to or unit(s); you. You must immediately report smoke-detectors (8) is parked in any portion of a yard area;or malfunctions to us. Neither you nor others may (9) is parked on any part of the grass, sidewalk, or disconnect smoke detectors. If you damage or patio. disconnect the smoke detectors or remove a battery without replacing it with a working battery you may 20. RELEASE OF RESIDENT: Unless we have given be liable under Section 92.2611 of the Property you a written release, you will not be released from Code for $100.00 plus one month rent, actual this Lease Contract for any reason - - including but damazes, and attorney's fees. You will be liable to not limited to voluntary or involuntary school us and others for any loss or damage from fire, withdrawal or transfer, voluntary or involuntary job smoke, or water if that condition arises from your transfer, marriage, separation, divorce, disconnecting or damaging the smoke detector, or reconciliation, loss of co-residents, loss of failing to replace a battery or report malfunctions to employment,bad health or death. us. 21. MILITARY CLAUSE: under the following 24. Casualty Loss: We are not liable to any resident, circumstances, you may terminate the Lease guest, or occupant for personal injury or damage or Contract by giving us written notice: loss of personal property due from fire, smoke, rain, flood, water leaks, hail, ice, snow, lighting, wind, (1) if you are or become a member of the Armed explosions, and interruption in utilities, unless that Forces of any nation on extended active duty injury or damage is caused by our negligence. We and receive change-of-station order to have no duty to remove any ice, sleet, or snow but permanently depart the local area or if you are may remove any amounts without notice. Unless we relieved from active duty;or instruct otherwise, you must - - for 24 hours a day (2) if you are deployed to a foreign country as a during freezing weather(1)keep the dwelling heated member of the United States Armed Forces and to at lease 50 degrees; (2) keep cabinet and closet are not continuing to receive quarters allowance doors open; and (3) drip hot water and cold water from the military. faucets. You will be liable for damage to our property if damage is cause by broken water pipes In either case, termination notice will effectively due to your violating these requirements. If you ask terminate the Lease Contract 30 days after the next our representatives to perform services not monthly rent payment is due. You must furnish us contemplated in this Lease Contract, you will Your initials Initials of our Representative Residential Lease Contract-Page 5 of 13 indemnify us (that is, hold us harmless) from all bulbs for fixtures we furnish, including exterior liability for services. fixtures operated from inside the dwelling; after that you will replace them at your expense with bulbs of Crime or Emergency: Dial 911 immediately, call the same wattage. Your improvements to the local fire, police, or EMS authorities in case of fire, dwelling (whether or not we consent) become ours smoke or suspected criminal activity involving unless we agree otherwise in writing. imminent harm. You should the contact our representative. You will not treat any of our security 26. REQUESTS, REPAIRS, AND MALFUNCTIONS. measures as an express or implied warranty of We will maintain the dwelling in good order and pay security or as a guarantee against crime or of for repair maintenance, subject to the repair reduced risk of crime. Unless otherwise provided by procedures set forth below. You must replace air law, we are not liable to you or any guests or conditional filters monthly and keep the yard clean. occupants for injury, damage, or loss to person or property caused by criminal conduct of other Procedures for repairs by us: IF YOU OR ANY persons, including theft, burglary, assault, OCCUPANT NEEDS TO SEND A NOTICE AND vandalism,or other crimes. We are not obligated to REQUEST - FOR EXAMPLE FOR REPAIRS, furnish security personnel, security lighting, security INSTALLATIONS. SERVICES OR SECURITY gates or fences, or other forms of security unless RELATED MATTERS IT MUST BE IN WRITING required by statute. We are not responsible for TO OUR DESIGNATED REPRESENTATIVE obtaining criminal history checks on any resident, (except in emergencies involving immediate danger occupants, or guests in this dwelling. If you or any to person or property, such as fire, gas, smoke, occupant or guest is affected by a crime, you must overflowing sewage, uncontrollable water, electrical make written report to our representative and to the shorts,or crime in progress). appropriate local law enforcement agency.You must also fiunish us with the law enforcement agency's Our complying with or responding to any oral incident report number on request. requests regarding security or non-security matters does not waive the strict requirements for written 25. CONDITION OF THE PREMISES: You accept the notice under this Lease Contract. You must dwelling, fixtures, and fiuniture, as is, except for promptly notify us in writing of water leaks; conditions materially affecting the health or safety electrical problems; malfunctioning lights;broken or of ordinary persons. We disclaim all implied missing locks or latches; or other conditions that warranties. You will be given an Inventory and pose an non-emergency hazard to the property, Condition form on or before move-in. Within 48 health,safety. We may change or install utility lines hours after move-in you must note on the form all or equipment serving the dwelling if the work is defects or damage and return it to our representative. done reasonably without increasing your utility Otherwise everything will be considered to be in costs. We may turn off equipment and interrupt clean,safe,and good working conditions. utilities as needed to avoid property damage or to perform work. If utilities malfunction or are You must use customary diligence in maintaining damaged by fire, water, or similar cause, you must the dwelling and outside areas. Unless authorized notify our representatives immediately. If air by statute or by us in writing, you must not perform conditioning or other equipment malfunctions you any repairs, painting, wallpapering, carpeting, must notify our representative as soon as possible on electrical changes, or otherwise alter our property. a business day. We will act with customary No holes or stickers are allowed inside or outside the diligence to make repairs and reconnections, taking dwelling. But we will permit a reasonable number into consideration when casualty insurance proceeds of small holes for hanging pictures on sheet rock are received. Rent will not be abated in while or in walls and in grooves of wood-paneled walls, unless part. our rules state otherwise. No water fiuniture, antennas, additional phone or cable TV outlets, If we believe that fire or catastrophic damage is alarm systems, or lock changes, additions, or re- substantial, or that performance of needed repairs keying, is permitted unless statutorily allowed or poses a danger to you, we may terminate this Lease we have consented in writing.You agree not to alter, Contract within a reasonable time by giving you damage, or remove our property, including alarm written notice. If the Lease Contract is so systems, smoke detectors, furniture, telephone and terminated, we will refund prorated rent and all cable TV wiring, screens, locks, and security deposits,less deductions. devices. When you move in, we will supply light Your initials Initials of our Representative Residential Lease Contract-Page 6 of 13 Repairs for Service Calls. We will pay for repairs of support animal for disabled persons.We may require conditions that materially affect the health and a pet deposit for support animals. safety of an ordinary residence (i.e. dangerous or hazardous conditions). Otherwise, you will be If a pet has been in the dwelling at any time during responsible for the repair or service call. your term occupancy(with our without our consent), we will charge you for defleaing, deodorizing, and Yard Maintenance. Unless we expressly assume the shampooing. Initial and daily pet charges and pet responsibility below you must pay for maintenance removal charges are liquidated damages for our and yard pest control. time, inconvenience, and overhead (except attorney's fees and litigation costs) in enforcing pet (1) You will keep the lawn mowed and edged and restrictions and rules. We may remove an maintain all plants,trees,shrubs,etc. unauthorized pet by leaving in a conspicuous place in or on the dwelling 24 hours' prior notice of intent (2) You will keep the lawn, flowerbeds, sidewalks, to remove the pet, and by following the procedures porches,and driveways free of trash and debris. of this lease. We may keep or kennel the pet or turn it over to the humane society or local authority. (3) You will water and grass, flowerbeds and trees When keeping or kenneling a pet, we will not be appropriately. liable for loss, harm, sickness or death of the pet unless due to our negligence. We will return the pet You may not modify the existing landscape, change to you upon request if it has not already been turned any plants, or plant a garden without our prior over to a humane society or local authority. You written approval. Failure to maintain the yard must pay for the pets reasonable care and kenneling including watering is an act of default under this charges. We have no lien on the pet for any lease. purpose. Interior Pest Control and Trash Receptacles: Unless 28. WHEN WE MAY ENTER. If you or any guest or this lease says otherwise, we will not arrange for occupant is present, then repairers, servicers, or our extermination services for all pests within the representatives may peacefully enter the dwelling at dwelling, except between occupation by different reasonable times for the purposes listed in(2)below. tenants. If nobody is in the dwelling, then repairers, servicers, or our representatives may peacefully at Trash receptacles must be kept closed, and must reasonable times by duplicate or master key (or by comply with local ordinances regarding trash breaking a window or other means);if disposal. We may designate which trash receptacle will be stored on the premises and where they will (1) written notice of the entry is left in a be. Trash receptacles must be kept either in the conspicious place in the dwelling immediately garage or behind the fence. after entry;and (2) entry is for: responding to your request;repairs; 27. PETS: No pets are allowed (even temporarily) estimating repair or refurbishing costs; pest anywhere in the dwelling, porches, patios, control; preventative maintenance; filter balconies, or yard unless we have so authorized m changes; testing or replacing smoke detector writing except for support animals for disabled batteries; retrieving unretumed tools or persons. The provisions of this Lease Contract appliances; preventing waste of utilities; apply to support animals and all mammals, reptiles, contractual liens; leaving notices; delivering, birds, fish, rodents and insects - - regardless of installing,reconnecting or replacing appliances, whether you consider the animal a "pet". If we furniture, equipment, or security devices, allow a pet, you and we must sign a separate pet removing unauthorized window coverings; agreement. Unauthorized pets must not be tied to stopping excessive noise; removing health and any porch, tree, or other object on the premises at safety hazards; (including hazardous materials) any time. You must not feed any stray animals. If and items prohibited under our rules; removing you or any guest or occupant violates pet restrictions unauthorized pets; cutting off electricity (with or without your knowledge), you will be according to statute; retrieving property owned subject to charges, damages, eviction and other or leased by former residents; inspection when remedies provided in this Lease Contract. A pet immediate danger to a person or property is deposit is considered a general security deposit. We reasonably suspected; entry by law- may require a doctor's statement of need for a enforcement officer with search or arrest Your initials Initials of our Representative Residential Lease Contract-Page 7 of 13 warrant or in hot pursuit; showing dwelling to require either; (1) the replacement sign this Lease prospective residents (after move-out or vacate Contract with or without an increase in the total notice has been given); or showing dwelling to security deposit; or (2) the remaining and government inspectors, fire marshals, lenders, replacement residents sign an entirely new Lease appraisers, prospective buyers, or insurance Contract. Unless we agree otherwise in writing, agents. your security deposit will automatically transfer to the replacement resident as of the date we approve. (3) You have been told and understand that our The departing resident will no longer have a right of representatives regularly inspect the unit for occupancy or to a security deposit refund, but will compliance with this lease and to change the air remain liable for the rest of the original Lease filter approximately once time per month. A Contract term unless we agree otherwise in writing. Notice of Entry will be left in your unit. bEFAUL BY Pt T 29. MULTIPLE RESIDENTS OR OCCUPANTS:Each resident is jointly and severally liable for all Lease 31. DEFAULT BY OWNER. We will act with Contract obligations. If you or any guest or customary diligence to: occupant violates the Lease Contract or rules, all (1) maintain fixtures, furniture, hot water, heating residents are considered to have violated the Lease and a/c equipment; Contact. Our requests and notices (including sale (2) substantially comply with all applicable federal, notices) to any resident constitutes notice to all state and local laws regarding safety, sanitation residents and occupants. Notices and requests from and fair housing;and any resident or occupant (including notice of lease (3) make all reasonable repairs,subject to this lease contract termination, repair, requests and entry agreement and your obligation to pay for permissions)constitutes notice from all residents. In damages for which you are liable. eviction suits, any one of multiple residents is considered the agent of all other residents in the If we violate any of the above, you may terminate dwelling for service of process. Security deposit this Lease Contract and exercise other remedies refunds may be by one check jointly payable to all under Section 92.056 of the Property Code only as residents; the check and any deduction itemizations follows: (a) you must make a written request for may be mailed to one resident only. repair or remedy of the condition, and all rent must be current at the time;(b)after receiving the request, SLT$S��TUTII we have a reasonable time to repair,considering the nature of the problem, and reasonable availability of 30. REPLACEMENT AND SUBLETTING. Replacing the materials, labor, and utilities; (c) if we have not a resident or subletting is allowed only when diligently tried to repair within a reasonable time, permitted in writing. If departing or remaining you must then give us written notice of intent to residents procure a replacement resident acceptable terminate the Lease Contract unless the repair is to us before moving out and we expressly consent to made within 7 days; and (d) of repair has not been the replacement or subletting then: made within 7 days you may terminate this Lease Contract and exercise other statutory remedies. (1) a reletting charge will not be due; Security deposits and prorated rent will be refunded (2) an administrative (paperwork) fee will be due, as required by law. and a re-keying fee will be due if re-keying is requested;and 32. DEFAULT BY RESIDENT. You will be in default (3) you will remain liable for all Lease Contract if; (1)you do not pay rent or other amounts that you obligations for the rest of the original Lease owe; (2) you or any guest or occupant violates this Contract term. Lease Contract, dwelling rules, or fire, safety, health,or criminal laws,regardless of whether arrest Credits. We will credit all subsequent rent that we or conviction occurs; (3) you abandon the dwelling; actually receive from replacement or subsequent (4) you give incorrect or false answers in an residents against your liability for past-due and application for rental; (5) you or any occupant is future rent. If you move our early, we will exercise arrested for a felony offense involving actual or customary diligence to relet. potential physical harm to a pers r�r_.uin }vi possession, manufacture, or delive of a controlle i Procedure for Replacement. If we approve a substance, marijuana, or drug raphernalia asp,�7,,,, replacement resident, then we may, at our option, described in the Texas Controlled ' bstan�e Act; or.S Il'! L? Your initials Initials of our Representative Residential Lease Contract-Page 8 of I3 (6) any illegal drugs or paraphernalia are found in notice to you or your dwelling while you continue your dwelling; or (7) you or any occupant, in bad your holdover. faith, make an invalid habitability complaint to an official or employee of a utility company or the Other Remedies. If your rent is delinquent and we government. give you 5 days' prior written notice, we may terminate electricity that we have furnished at our Eviction. If you default, we may end your right of expense, unless government regulations on occupancy by giving 24 hours notice to vacate. submetering or utility proration provide otherwise. Notice may be by; (1) regular mail; (2) certified We may report unpaid amounts to credit agencies. mail, return receipt requested; (3) personal delivery Upon default, we have all other legal remedies, to any resident;(4)personal delivery at the dwelling including Lease Contract termination and statutory to any occupant over 16 years old; (5) affixing the lockout under section 92.008 of the Property Code. notice to the inside of the dwelling's main entry Unless a party is seeking exemplary punitive or door. Termination of your possession rights or. personal injury damages the prevailing party may subsequent reletting does not release you from recover from the non-prevailing party attorney's fees liability for future rent. After giving notice to vacate and all other costs of litigation. Late charges are or filing an eviction suit, we may still accept rent or liquidated charges for our time, inconvenience and other sums due; the filing or acceptance does not overhead in collection late rent (but are not for waive or diminish our right of eviction or any other attorney's fees and litigation costs). All unpaid contractual or statutory right. Accepting money at amounts bear 18% interest per year from due date, any time does not waive our right to damages, past compounded annually. You must pay collection or future rent,or other sums. agency fees if you fail to pay all sums due within 10 days after we mail you a letter demanding payment Acceleration. All monthly rent for the rest of the and stating that collection agency fees will be added Lease Contract term or renewal period will be if you do not pay all sums by that deadline. accelerated automatically without notice or demand (before or after acceleration) and will be aNE 1AJLAVk$ immediately due and delinquent if, without our written consent: (1) you move out, remove property 33. INTERPRETING THIS CONTRACT. Neither we in preparing to move out, or give oral or written nor any of our representatives made any oral promises, notice (by you or any occupant) of intent to move representations, or agreements. This Lease Contract is out before the Lease Contract term or renewal period the entire agreement between you and us. Our ends; and(2) you have not paid all rent to the entire representatives have no authority to waive, amend or Lease Contract term or renewal period. Such terminate this Lease Contract or any part of it and no conduct is considered a default for which we need authority to make promises, representations, or not give you notice. Remaining rent will also be agreements that impose security duties or other accelerated if you are judicially evicted or move out obligations on us or our representatives unless in when we demand because you have defaulted. Our writing. No action or omission of our representatives right to accelerate is instead of having rent for the will be considered a waiver of any subsequent violation, entire term payable when the Lease Contract begins. default, or time or place of performance. Our not enforcing or belatedly enforcing written notice Holdover. If you holdover beyond the date requirements, rental due dates, accelerations, liens, or contained in your move-out notice or our notice to other rights is not a waiver under any circumstance. vacate (or beyond a different move-out date agreed to by the parties in writing),then(1)holdover rent is Exercising one remedy will not constitute an election or due in advance on a daily basis and may become waiver of other remedies. All remedies are cumulative. delinquent without notice or demand;(2)rent for the No employee or agent is personally liable for any of our holdover period will be increased by 25% over the contractual, statutory, or other obligations -merely by then-existing rent, without notice; (3) you will be virtue of acting on our behalf. This Lease Contract binds liable to us for all rent for the full term of the subsequent owners. Neither an invalid clause or the previously signed Lease Contract of a new resident omission of initials invalidates this Lease Contract. All who can not occupy because of the holdover;and(4) notices and documents may be in English or, at our at our option, we may extend the Lease Contract option, any language that you read or speak. All term for up to one month from the date of notice of provisions regarding our non-liabili n-duty - Lease Contract extension by delivering written apply to our employees and agents. T "s;Lease Contract is subordinate or superior to exi `ting and future i ;_ __ Your initials Initials of our Representative Residential Lease Contract-Page 9 of A;--------- — mortgages and lenders option. All Lease Contract statutory right to have that done as long as you pay obligations must be performed in Tarrant County,Texas. for the re-keying. Under Property Code Section 92.153(8),if a keyed dead 7. Dial 911 for emergencies. If an emergency arises bolt lock was already installed on the main entry door of call 911 first then call the management. the dwelling at the time of signing this Lease Contract we are not required to install at our expense a keyed 8. Check your smoke monthly for dead batteries or lock of any kind on the remaining entry doors. We may malfunctions. deactivate or not install keyless bolting devices on your doors if (1) you or an occupant in the dwelling is over 9. Check your door locks, window latches, and other 55 or disabled, and (2) the requirements of Section security devices regularly to be sure they are 92.153(e)or(fl of the Code are satisfied. working properly. 34. PAYING SUMS DUE. Payments of all sums is an 10. Immediately report the following to the independent covenant. At our option and without notice, management office in writing,dated and signed: we may apply money received first to your nonrent obligations,then to rent regardless of notations on checks • any needed repairs of locks, window latches, or money orders and regardless of when the obligation doors, windows, smoke detectors, and alarm arises. All sums other than rent (which is due on the systems;and first) are due upon our demand. After the due date, we • any malfunctions of other safety devices do not have to accept the rent or any other payments. outside your dwelling such as broken gate locks, burned out lights, blocked passages, SECUR11 Y MELINES FOR RESIDENTS broken railings,etc. 35. SECURITY GUIDELINES. We would like to give 11. Close curtains,blinds,and window shades at night. you some important safety guidelines. The Texas Police Association and the Sheriff's Association of Texas have 12. Mark or engrave your driver's license number or approved these suggestions. Follow these guidelines and other identification on valuable personal property. use common sense in practicing safe conduct. Inform all other occupants in your dwelling, including any children PERSONAL SECURITY you may have about these guidelines. WHILE OUTSIDE YOUR DWELLING PERSONAL SECURITY WHILE 13. Lock your doors while you are gone. If you have INSIDE YOUR DWELLING them, lock your door handle lock, keyed dead bolt lock, sliding door pins, lock sliding doors, and I. Lock your doors and windows- even while you are sliding door security bar. inside. 14. Leave a TV or radio playing softly while you are 2. Use deadbolt locks while you are inside. gone. 3. When answering the door see who is there by 15. Close and latch your windows while you are gone. looking through a peephole or window. If you do not know the person first talk to him or her without 16. Tell your room mate or spouse where you are going opening the door. Do not open the door if you have and when you will be back. any doubts 17. Do not walk alone at night. Do not allow your 4. Be careful about giving out keys,gate cards,or lock family to do so. combinations. 18. Do not hide a key under the doormat or a nearby 5. Do not put your name,address,or phone number on flowerpot. These are the first places a burglar will your key ring. look. 6. If you are concerned because you have lost your 19. Do not give entry codes or eleEronic, atecard.tqkey or because someone you distrust has a key ask anyone.the management to re-key the locks. You have a Your initials Initials of our Representative Residential Lease Contract-Page 10 of 13 20. Use lamp timers when you go out in the evening or YOUR NOTICE IS NOT ACCEPTABLE IF IT are gone for vacation. They can be purchased at DOES NOT COMPLY WITH ALL OF THE most hardware stores. ABOVE.Use our written move out form. If you do not you must obtain from our representative written 21. Let the property manager or friends know of you acknowledgement that move out notice has been will be gone for a long period of time. Ask your received. If we terminate the Lease Contract, we neighbors to watch your dwelling since the must give you the same advance notice unless you management cannot assume that responsibility. are in default. 22. While on vacation temporarily stop your news 37. MOVE OUT PROCEDURES: The move out paper and mail delivery or have your paper and mail date can not be changed unless we both agree picked up every day by a friend. in writing. You will not move out before the Lease Contract renewal term or renewal period 23. Carry your door key in your hand, whether it is ends unless all rent for the entire Lease daylight or dark. You are more vulnerable while Contract term or renewal period is paid in full. looking for your keys at the door. Early move out may result in reletting charges and acceleration of future rent under this lease PERSONAL SECURITY AWARENESS agreement. Before moving out, you must pay all rent through the end of the Lease Contract No security system is failsafe. Even the best system term or renewal period. You are prohibited by can not prevent crime. Always proceed as if security law from applying any security deposits to rent. systems do not exist since they are subject to You will not stay beyond the date that you are malfunction, tampering and human error. We disclaim supposed to move out. All residents, guests any express or implied warranties of security. The best and occupants must surrender the dwelling safety measures are the ones you perform as a matter of before the 30-day period for deposit refunds common sense and habit. begins. You must give us and the U.S. Postal Service, in writing, each resident's forwarding Wil ,mCo IN{r OUT address. 36.MOVE OUT NOTICE. Before moving out you must 38. CLEANING: You must thoroughly clean the give our representative advance written move-out notice dwelling, including doors, windows, furniture, as provided below.Your move-out notice will not release bathrooms, kitchens, appliances, patios, you from liability for the full term of the lease contract or balconies, garages, carports, and storage areas. renewal term.You will be liable for the entire lease term You must follow the move out cleaning if you move out early except under the military clause. instructions if they have been provided to you. YOUR MOVE OUT NOTICE MUST COMPLY WITH If you do not clean adequately, you will be EACH OF THE FOLLOWING: liable for reasonable cleaning charges including charges for cleaning carpets, draperies, • Your move out notice must be in writing. Oral furniture, furniture, walls, etc, that are soiled move out notice will not be accepted and will beyond normal wear (that is, normal wear or not terminate your Lease Contract. soiling that occurs without negligence, carelessness,accident or abuse). • Your move out notice cannot terminate the Lease Contract sooner that the end of the lease 39. MOVE OUT INSPECTION: You may meet term or renewal period. with our representative for a move out inspection, if you so desire. Our representative • The move out date in your notice must be the has no authority to bind or limit us regarding last day of the month. deduction for repairs, damages, or charges. Any statements or estimates by us or our • We must receive your move out notice at least representatives are subject to our correction, 30 days before your move out date. However, modification, or disapproval before final if we receive your notice on the first, it will refunding or accounting. suffice for move out on the last day of the month, provided that all other above 40. OTHER CHARGES: You will be liable for the requirement are met. following charges, if applicable: unpaid rent, unpaid utilities,un-reimbursed service charges; Your initials Initials of our Representative Residential Lease Contract-Page 11 of 13 damage or repairs (beyond reasonable wear); has passed and no other resident or occupant is replacement costs of your property that was in living in the dwelling in our reasonable or attached to the dwelling and is missing; judgment. You abandon the dwelling when: (1) replacing dead or missing smoke detectors everybody appears to have moved out in our batters; utilities for repairs or cleaning; trips to reasonable judgment;(2)clothes,furniture,and let the company representative to remove your personal belongings have been substantially telephone or cable TV service or rental items removed from the dwelling; and(3)no one has (if you so request to have moved out); trips to been in the dwelling for 5 consecutive days open dwelling when you and any other guest or while the rent is due and unpaid. A dwelling is occupant is missing a key; key duplication; also abandoned 10 days after the death of a sole unreturned keys; missing or burned out light resident. Surrender or abandonment ends your bulbs, stickers, scratches, burns, stains, or right of possession for all purposes and gives unapproved holes, removing or rekeying us the immediate right to: clean up, make unauthorized security devices or alarm repairs in, and relet the dwelling; determine systems, agreed to reletting charges; packing, any security deposit deductions; and remove removing or storing property removed or stored property left in the dwelling. Surrender or under this lease agreement; removing illegally abandonment does not affect our duty to give parked vehicles; special trips for trash removal; prorated credit for rent later received from false security alarm charges unless due to our others during the remainder of your contract negligence;pet related charges under this lease term or renewal period. agreement; government fees or fines against us for you, your occupants, or guests not S recycling; late payments and returned check charges; a charge (not to exceed $100.00) for our representative's time and inconvenience in 42. COPIES AND ATTACHMENTS. This Lease lawfully removing a pet or in any valid eviction Contract has been executed in multiple copies— proceeding against you, plus attorney's fees, one for you and one for us. Any of our rules, court costs, and filing fees actually paid; and such as our policies and move out cleaning other sums due under this Lease Contract. instructions, will be attached to the Lease Contract and given to you at signing. When Under the following circumstances, we will and Inventory and Condition form is charge you a fee: (1) if you do not return all completed, both you and we should return a keys on or before your actual move out date; (2) copy. The items checked below are attached to if rent has been accelerated under this lease this Lease Contract or will be delivered on agreement;or(3) if you are judicially evicted or payment of the fust month's rent. move out upon our demand because you have defaulted. _ Move Out Cleaning Instructions 41. DEPOSIT RETURN; SURRENDER; _ Notice of Intent to Move Out Form ABANDONMENT.We will mail your security deposit refund (less lawful deductions) and an _ Condition Inventory Form itemized accounting of any deduction no later than 30 days after surrender or abandonment, Post Office Box information unless statute provides otherwise. You surrender the dwelling on the date of the earlier Utility Account Information of the following; (1) all keys have been turned in where rent is paid; or(2) the move out date Pet Agreement 1 Your initials Initials of our Representative Residential Lease Contract-Page 12 of 13 THIS IS A BINDING LEGAL DOCUMENT—READ IT CAREFULL Y BEFOE SIGNING YOU ARE ENTITLED TO A COPY OF THIS LEASE CONTRACT WHEN IT IS FULL YSIGNED KEEP 1TIN A SAFE PLACE Resident or Residents(all sign &date below) Date: 12/ /05 Owner or Owner's Representative(signing on behalf of owner) Date: 12/ /05 Address and phone number of owner's representative for notice purposes: REBECCA C.LUCAS 1701 River Run Rd.Ste. 1021 Fort Worth,Texas 76107 Telephone 817.870.9880 Telefax 817.870.2510 Your initials Initials of our Representative Residential Lease Contract-Page 13 of 13