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HomeMy WebLinkAboutContract 57377-R3A4CSC No. 57377-R3A4 RENEWAL THREE AND AMENDMENT FOUR TO CITY OF FORT WORTH CONTRACT NO. 57377 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and TS ASSET ENCORE LLC ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on May 7th, 2021, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 57377 (the "Agreement"); WHEREAS, the Agreement's initial term was from May 7, 2021 to May 31, 2022 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the Agreement was most recently renewed from May 1, 2023 to April 28, 2024 ("Second Renewal Term"); and WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE, City and Landlord do hereby agree as follows: I RENEWAL OF AGREEMENT The Parties agree to renew the Agreement for an additional one year -term beginning April 29, 2024 and expiring April 27, 2025 ("Third Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. II AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 1. Section 3.1 Security Deposit shall be amended and replaced as follows: 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent CSC No. 57377- Renewal Three and Amendment Four CoFW and TS ASSET ENCORE LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The named Tenant may be eligible for security deposit payment assistance payable to Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a federally funded program (including the Permanent Housing Placement Program), after deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full amount of the balance to the City in accordance with HUD regulations. This does not limit Landlord's right to withhold any portion of the deposit that would normally be withheld at termination under the terms of the underlying lease. Based upon the City's review, City will pay a $0 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Payable by City 3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term is $910.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the First Renewal Term is $1007.00 per month for the Unit. The City has been notified that the Tenant's Total rent during the Second Renewal Term is $1107.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the Third Renewal Term is $1,135.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $526.00 of rent per month for the Unit. The Tenant during the first renewal term, shall be responsible for $651.00 per month for the Unit. During the second renewal term, from May 1, 2023 to May 31, 2023 Tenant shall be responsible for $579.00 per month for the Unit. Beginning June 1, 2023 and until the end of the Second Renewal Term, the Tenant shall be responsible for $0.00 per month for the rent. The Tenant during the third renewal term, shall be responsible for $48.00 prorated rent from April 29, 2024 to April 30, 2024. The Tenant shall be responsible for $717.00 per month for the Unit from May 1, 2024 to March 31, 2025. The Tenant shall be responsible for $646.00 prorated rent per month for the Unit from April 1, 2025 to April 27, 2025. During the Initial Term City shall pay $384.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During the first renewal term, City shall pay $356.00 per month for the Unit. During the Second Renewal Term, from May 1, 2023 to May 31, 2023, City shall pay $528.00 towards the Tenant's Total Rent for the Unit. Beginning June 1, 2023 and until the end of the Second Renewal Term, City shall be responsible for $1,107.00 towards Tenant's Total Rent. During Tenant's Third Renewal Term, the City shall pay $39.00 CSC No. 57377- Renewal Three and Amendment Four Page 2 of 5 CoFW and TS ASSET ENCORE LLC from April 29, 2024 to April 30, 2024. The City shall pay $418.00 from May 1, 2024 to March 31, 2025. The City shall pay $375.00 prorated rent from April 1, 2025 to April 27, 2025. The City's sole obligation is limited to for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. 3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. CSC No. 57377- Renewal Three and Amendment Four Page 3 of 5 CoFW and TS ASSET ENCORE LLC III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURE PAGE FOLLOWS] CSC No. 57377- Renewal Three and Amendment Four Page 4 of 5 CoFW and TS ASSET ENCORE LLC IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective March 1, 2024. FOR CITY OF FORT WORTH: FOR LANDLORD: Kayflin De 1-a Cruz Kaytlin De La Cruz (Apr 17, 2024 09:37 CDT) Name: Fernando Costa Name: Kaylin Delacruz Title: Assistant City Manager Title: Authorized Representative Date: Apr 17, 2024 APPROVAL RECOMMENDED Amy on noll'(Apr 17, 24 10:38 CDT) Name: Amy Connolly Title: Acting Neighborhood Services Director Apr 17, 2024 Date: APPROVED AS TO FORM AND ATTEST: LEGALITY Name: Jessika Williams Name: Jannette Goodall Title: Assistant City Attorney Title: City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist Apr 17, 2024 Date: M&C No.: 23-0631 CSC No. 57377- Renewal Three and Amendment Four CoFW and TS ASSET ENCORE LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FLOOD DISCLOSURE NOTICE In accordance with Texas law, we are providing the following flood disclosure: • We O are or O are not aware that the unit you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. • We O are or O are not aware that the unit you are renting has flooded (per the statutory definition below) at least once within the last five years. As defined in Texas Property Code 92.0135(a)(2), "flooding" means "a general or temporary condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall." Signatures of All Residents Signature of Owner or Owner's Representative t De Co, Cruz 03/01 /2024 Date Texas Apartment Association VI Blue Moon eSignature Services Document ID: 424460641 Bed Bug Addendum .>'As AI'ARTNIK1'l • 4...5SOCIATI ON Please note: We want to maintain a high -quality living environment for you. It's important to work together to minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility and potential liability when it comes to bed bugs. 1. Addendum. This is an addendum between the Residents and 5. Notification.You must promptly notify us: Owner as described in the Lease for the dwelling described below: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address any infestation of bed bugs (Cimex lectularius) that might be found in the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum. 3. Inspection and Infestations. We are not aware of any current evidence of bed bugs or bed -bug infestation in the dwelling. BY SIGNING THIS ADDENDUM, YOU REPRESENT THAT: YOU HAVE INSPECTED THE DWELLING BEFORE MOVING IN OR SIGNING THIS ADDENDUM, AND YOU DID NOT FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES- TATIONS, OR YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES- TATION. 4. Access for Inspection and Pest Treatment. You must allow us and our pest -control agents access to the dwelling at reasonable times to inspect for or treat bed bugs. We can also inspect and treat adjacent or neighboring dwellings to the infestation, even if those dwellings are not the source or cause of the known infestation. Si- multaneously as we treat the dwelling, you must, at your expense, have your personal property, furniture, clothing, and possessions treated according to accepted treatment methods by a licensed pest -control firm that we approve. You agree not to treat the dwell- ing for a bed -bug infestation on your own. of any known or suspected bed -bug infestation or presence in the dwelling, or in any of your clothing, furniture, or per- sonal property; of any recurring or unexplained bites, stings, irritations, or sores on the skin or body that you believe are caused by bed bugs, or by any condition or pest you believe is in the dwell- ing; AND if you discover any condition or evidence that might indicate the presence or infestation of bed bugs, or if you receive any confirmation of bed -bug presence by a licensed pest -control professional or other authoritative source. 6. Cooperation. If we confirm the presence or infestation of bed bugs, you must cooperate and coordinate with us and our pest -control agents to treat and eliminate them. You must follow all directions from us or our agents to dean and treat the dwelling and building that are infested. If you don't cooperate with us, you will be in de- fault and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease. 7. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or infestation of bed bugs after you move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents in order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expens- es we incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate infestations in other dwellings. If you don't pay us for any costs you are liable for, you will be in default and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease, and we may take immediate possession of the dwelling. If you don't move out after your right of occupancy has been terminated, you will be liable for holdover rent under the Lease. 8. Transfers. If we allow you to transfer to another dwelling in the com- munity because of the presence of bed bugs, you must have your personal property and possessions treated according to accepted treatment methods or procedures established by a licensed pest - control professional. You must provide proof of such cleaning and treatment to our satisfaction. This Addendum is part of your Lease. You are legally bound by this document. Please read it carefully. Resident or Residents (all sign below) 03/01/2024 (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (sign below) 9Ca(yi&iw De .Ca. Cruz You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. 03/01/2024 Date signed TAA Official Statewide Form 23-1I, Revised October, 2023 Copyright 2023, Texas Apartment Association, Inc. Vi Blue Moon eSignature Services Document ID: 424460641 INSURANCE ADDENDUM 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Apartments in Texas OR the house, duplex, etc. located at (street address) in , Texas. The terms of this addendum will control if the term of the Lease and this addendum conflict. 2. Required Insurance Policy. In accordance with the Lease, you understand and agree that this addendum requires Resident, at Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides limits of liability to third parties in amount not less than $ 100000.00 per occurrence. The liability insurance policy Resident buys and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another entity designated by Owner) as an "Interested Party" or "Party of Interest" that will be notified by the insurer of any cancellation, non - renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it. 3. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company, licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by any insurance company. At all times you have been and remain free to contract for the required insurance with the insurance carrier of your choosing. 4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $ 150.00 (which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum for a one -month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph for any subsequent months. The foregoing payments are due on the 1st day of the month following the calendar month (or part thereof) during which you do not have the required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance coverage. NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY. I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum] 9CailQi v DeJ. a. Cruz Signature of All Residents Signature of Owner or Owner's Representative Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 111111M 441 I'I:xns:al'?I II:. vsfirlcl:s'1'1ON Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease is valid only if filled out before January 1, 2026. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we," "us," and "our" refer to the owner listed below. PARTIES Residents Beatrice Hunda Owner Encore on Mustang LEASE DETAILS Occupants A. Apartment (Par. 2) B. Initial Lease Term. Begins: 04/29/2024 Ends at 11:59 p.m. on: 04/27/2025 C. Monthly Base Rent (Par. 3) $ 1135.00 E. Security Deposit (Par. 5) $ 0.00 F. Notice Aminimumof termination term If the is required. of Termination or Intent to Move Out (Par. 4) 60 days' written notice of or intent to move out required at end of initial Lease or during renewal period number of days isn't filled in, notice of at least 30 days Note that this amount does not include any Animal Deposit, which would be reflected in an Animal Addendum. D. Prorated Rent $ 82 67 Z due for the remainder of 1st month or O for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee SI 10 %of one month's monthly base rent or ❑ % of one month's monthly base rent for days or O $ O $ for days Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month H. Returned Check or Rejected Payment Fee (Par. 3.4) $ 75.00 J. Early Termination Fee Option (Par. 7.2) $ K.Violation Charges Animal Violation (Par.12.2)Initial charge of $ 100.00 per animal (not Notice of 60 days is required. if You are not eligible for early termination you are in default. Fee must be paid no later than I. RelettingCharge (Par.7.1) 9 A relettingcharge of $ 1054 .00 g to exceed $100 per animal) and A daily charge of $ 10.00 per animal (not to exceed $10 per day per animal) Insurance Violation (Master Lease Addendum or other separate addendum) $ 150.00 days after you give us notice If any values or number of days are blank or"0," then this section does not apply. (not to exceed 85% of the highest monthly Rent during the Lease term) may be charged in certain default situations L. Additional Rent - Monthly Recurr ng Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 0 Cable/satellite $ Internet $ Package service $ Pest control $ 5.00 Stormwater/drainage $ Trash service $ Washer/Dryer $ Other: Amenity Fee $ 15.00 Other: Reserved Parking $ 50.00 Other: Risk Fee (one time -Non -Refundable Fee) $ 0 Other: Package Service Set Up Fee (one time fee) $ 0 M. Utilities and Other Variable Charges. items as outlined in separate addenda, Utility Connection Charge or Transfer You will pay separately for gas, water, wastewater, Special Provisions or an amendment to this Fee: $ 50.00 (not to exceed electricity, trash/recycling, utility billing fees and other Lease. $50) to be paid within 5 days of written notice (Par. 3.5) N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: $ Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $ 100000.00 Special Provisions. See Par. 32 or additional addenda attached.This Lease cannot be changed unless in writing and signed by you and us. Apartment Lease Contract ©2023, Texas Apartment Assocjation, Inc. Ivi Blue Moon eSignature Services Document ID: 424460641 Pagel of 6 LEASE TERMS AND CONDITIONS 1. Definitions. The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign this Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed in this Lease who are also autho- rized to live in the apartment, but who do not sign this Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" in this Lease means "including but not limited to." 1.5. "Community Policies" are the written apartment rules and policies, including property signage and instructions for care of our property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. 1.7. "Lease" includes this document, any addenda and attachments, Community Policies and Special Provisions. 2. Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with this Lease, you'll receive access information or devices for your apartment and mailbox, and other access devices including: 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations or accredi- tations associated with the property are subject to change. 3. Rent. You must pay your Renton or before the lst day of each month (due date) without demand. There are no exceptions regarding the payment of Rent, and you agree not paying Renton or before the lst of each month is a material breach of this Lease. 3.1. Payments. You will pay your Rent by any method, manner and place we specify in accordance with this Lease. Cash is not acceptable without our prior written permission. You cannot withhold or offset Rent unless authorized by law. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. 3.2. Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. 3.3. Late Fees. If we don't receive your monthly base rent in full when it's due, you must pay late fees as outlined in Lease Details. 3.4. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees if applicable, until we receive full payment in an acceptable method. 3.5. Utilities and Services.You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. If your electricity is interrupted, you must use only battery - operated lighting (no flames). You must not allow any utilities (other than cable or Internet) to be cut off or switched for any reason —including disconnection for not paying your bills —until the Lease term or renewal period ends. If a utility is individually metered, it must be connected in your name and you must notify the provider of your move - out date. If you delay getting service turned on in your name by this Lease's start date or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. If your apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out. 3.6. Lease Changes. Lease changes are only allowed during the Lease term or renewal period if governed by Par. 10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the initial Lease term, Rent increases will become effective with at least 5 days plus the number of days' advance notice contained in Box F on page 1 in writing from us to you. Your new Lease, which may include increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Apartment Lease Contract 02023, Texas Apartment Assoyation, Inc. IA Blue Moon eSignature Services Document ID: 424460641 4. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as required by Par. 25 and specified on page 1. If the number of days isn't filled in, no- tice of at least 30 days is required. 5. Security Deposit. The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit will be designated in an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must give us your advance notice of move out as provided by Par. 25 and forwarding address in writing to receive a written description and itemized list of charges or refund. In accordance with this Lease and as allowed by law, we may deduct from your security deposit any amounts due under this Lease. if you move out early or in response to a notice to vacate you'll be liable for rekeying charges. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. 6. Insurance. Our insurance doesn't cover the loss of or damage to your personal property. You will be required to have liability insur- ance as specified in this Lease unless otherwise prohibited by law. If you have insurance covering the apartment or your personal belong- ings at the time you or we suffer or allege a loss, you agree to require your insurance carrier to waive any insurance subrogation rights. Even if not required, we urge you to obtain your own insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrenc- es. Most renter's insurance policies don't cover losses due to a flood. 7. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (not to exceed 85% of the highest monthly Rent during the Lease term) if you: (A) fail to move in, or fail to give written move -out notice as required in Par. 25; (B) move out without paying Rent in full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. The reletting charge is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertain —particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Option Procedure. In addition to your termination rights referred to in 7.3 or 8.1 below, if this provision applies under Lease Details, you may opt to terminate this Lease prior to the end of the Lease term if all of the following occur: (a) as outlined in Lease Details, you give us written notice of early termination, pay the Early Termina- tion Option fee in full and specify the date by which you'll move out; (b) you are not in default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Lease term. If you are in default, the Lease remedies apply. 7.3. Special Termination Rights. You may have the right under Texas law to terminate this Lease early in certain situations involving military deployment or transfer, family violence, certain sexual offenses, stalking or death of a sole resident. 8. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. If we give written notice to you of a delay in occupancy when or after this Lease begins, you may termi- nate this Lease within 3 days after you receive written notice. If we give you written notice before the date this Lease begins and the notice states that a construction or other delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate this Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposit(s) and any Rent you paid. Page 2 of 6 9. Care of Unit and Damages. You must promptly pay or reimburse us for loss, damage, consequential damages, government fines or charg- es, or cost of repairs or service in the apartment community because of a Lease violation; improper use, negligence, or other conduct by you, your invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction. Unless damage or wastewater stoppage is due to our negligence, we're not liable for —and you must pay for —repairs and replace- ments occurring during the Lease term or renewal period, includ- ing: (A) damage from wastewater stoppages caused by improper objects in lines exclusively serving your apartment; (B) damage to doors, windows, or screens; and (C) damage from windows or doors left open. RESIDENT LIFE 10. Community Policies. Community Policies become part of this Lease and must be followed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately if the Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts owed under this Lease. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating in any event sponsored by us. 10.2. Disclosure of Information. At our sole option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests. We may exclude from the apartment community any guests or others who, in our sole judgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than 7__ days in one week without our prior written consent, and no more than twice that many days in any one month. If the previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days if you or any of your occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors, Noise and Construction. You agree that odors and smells (including those related to cooking), everyday noises or sounds related to repair, renovation, improvement, or construction in or around the property are all a normal part of a multifamily living environment and that it is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests isa breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving in a loud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials into the apartment community; (h) using windows for entry or exit; (i) heating the apartment with gas -operated appliances; (j) making bad -faith or false allegations against us or our agents to others; (k) smoking of any kind, that is not in accordance with this Lease; (I) using glass containers in or near pools; or (m) conducting any kind of business (including child-care services) in your apartment or in the apartment community —except for any lawful business conducted "at home" by computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures of any kind are allowed, even tempo- rarily, anywhere in the apartment or apartment community un- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals isa breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a written notice of our intent to remove the animal within 24 hours; and (2) following the procedures of Par. 14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you if we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges. If you or any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought into your apartment until it is removed. If an animal has been in the apartment at anytime during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and daily animal -violation charges and animal -removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes of transportation, including bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that is not in compliance with this Lease. 14. When We May Enter. If you or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody is in the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes if written notice of the entry is left in a conspicuous place in the apartment immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. Apartment Lease Contract ©2023, Texas ApartmentApoycation. Inc Page 3 of 6 111 Blue Moon eSignature Services Document ID: 424460641 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. If you or any occupant needs to send a request —for example, for repairs, installations, services, ownership disclosure, or security -related matters — it must be written and delivered to our designated representative in accordance with this Lease (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime in progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing in your apartment constitutes a request from all residents. The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within our sole discretion. 15.2. Your Requirement to Notify. You must promptly notify us in writing of air conditioning or heating problems, water leaks or moisture, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, or any other condition that poses a hazard or threat to property, health, or safety. Unless we instruct otherwise, you are required to keep the apartment cooled or heated according to this Lease. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'II act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. If we fail to timely repair a condition that materially affects the physical health or safety of an ordinary resident as required by the Texas Property Code, you maybe entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas Property Code. If you follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination of this Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92.0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; and 4) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our sole judgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose of your personal property if, in our sole judgment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination if we are demolishing your apartment or dosing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll pay for missing security de- vices that are required by law. You'II pay for: (A) rekeying that you request (unless we failed to rekey after the previous resi- dent moved out); and (B) repairs or replacements because of misuse or damage by you or your family, your occupants, or your quests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a window latch on each window; (8) a doorviewer (peep- hole or window) on each exterior door; (C) a pin lock on each sliding door; (D) either a door -handle latch or a security baron each sliding door; (E) a keyless bolting device (deadbolt) on each exterior door; and (F) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the prior resident moves out. The rekeying will be done either before you move in or within 7days after you move in, as required by law. If we fail to in- stall or rekey security devices as required bylaw, you have the right to do so and deduct the reasonable cost from your next Rent pay- ment under Texas Property Code sec. 92.165(1). We may deactivate or not install keyless bolting devices on your doors if (A) you or an occupant in the dwelling is over55 or disabled, and (8) the require- ments of Texas Property Code sec. 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'II furnish smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors not so required. We'II test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. If you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you maybe liable to us under Texas Property Code sec. 92.2617 for $100 plus one month's Rent, actual damages, andattorney's fees. 18.2. Duty to Report. You must immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'II be liable if you fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss. Unless otherwise required by law, none of us, our employees, agents, or managementcompanies are liable to you, your guests or occupants forany damage, personal injury, loss to personal property, or loss of business or personal income, from any cause, including but not limited to: negligent or intention- al acts of residents, occupants, or guests; theft burglary, assault, vandalism or other crimes; fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption of utilities, pipe leaks orother occurrences unless such damage, injury or loss is caused exclusivelyby our negligence. We do not warrant security of any kind. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, any false alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1. As -Is. We disclaim all implied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'II be given an Inventory and Condition Form at or before move -in. You agree that after completion of the form or within 48 hours after move -in, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par. 15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood -paneled walls. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, cameras, two-way talk device, video or other door - Apartment Lease Contract ©2023, Texas ApartmentApoycation. Inc Page 4 of 6 111 Blue Moon eSignature Services Document ID: 424460641 bells, or lock changes, additions, or rekeying is permitted unless required by law or we've consented in writing. You may install a satellite dish or antenna, but only if you sign our satellite dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, in- cluding exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documents will be in English and, at our option, in any other language that you read or speak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with this Lease, electronic notice from you to us must be sent to the email address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address if allowed in this Lease. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. EVICTION AND REMEDIES 22. Liability. Each resident is jointly and severally liable for all Lease obligations. If you or any guest or occupant violates this Lease or our Community Policies, all residents are considered to have violated this Lease. 22.1. Indemnification byYou.Vouel defend,indemnifyandhold us and our employees, agents, and management company harmless from all liability arising from your conductor requests to our representatives and from the conduct of or requests by your invitees, occupants or guests. 23. Default by Resident. 23.1. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give incorrect, incomplete, or false answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense involving actual or potential physical harm to a person, or involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined in the Texas Controlled Substances Act, or (2) any sex - related crime, including a misdemeanor. 23.2. Eviction. If you default including holding over, we may end your right of occupancy by giving you at least a 24- hour written notice to vacate. Termination of your possession rights doesn't release you from liability for future Rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, wemaystillacceptRentorother sums due; the filing or acceptance doesn't waive or diminish our right of eviction or any other contractual or statutory right. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, or to our continuing with eviction proceedings. In an eviction, Rent is owed for the full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due if, without our written consent: (A) you move out, remove property in preparing to move out, or you or any occupant gives oral or written notice of intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated if you're judicially evicted or move out when we demand because you've defaulted. If you don't pay the first month's Rent when or before this Lease begins, all future Rent for the Lease term will be automatically accelerated without notice and become immediately due. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained in: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term of the previously signed lease of a new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or increase the Rent by 25% by delivering written notice to you or your apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means. If you default, you will pay us, in addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may recover attorney's fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees if you fail to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added if you don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives' Authority and Waivers. Our representatives (in- cluding management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease or any part of it unless in writing and signed, and no authorityto make promises, rep- resentations, or agreements that impose securityduties or other ob- ligations on us or our representatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our choice to enforce, not enforce or delay enforcement of written -no- tice requirements, rental due dates, acceleration, liens, oranyother rights isn'ta waiver under any circumstances. Delay in demanding sums you owe is not a waiver. Except when notice or demand is required by law, you waive any notice and demand for performance from us ifyou default. Nothing in this Lease constitutes a waiver of our remedies for a breach under your prior lease that occurred before the Lease term begins. Your Lease is subordinate to existing and future recorded mortgages, un- less the owner's lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election or waiver of other remedies. All provisions regarding our nonliability or nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely by virtue of acting on our behalf. END OF THE LEASE TERM 25. Move -Out Notice. Before moving out, you must give our represen- tative advance written move -out notice as stated in Par. 4, even if this Lease has become a month -to -month lease. The move -out date can't be changed unless we and you both agree in writing. Your move -out notice must comply with each of the following: (a) Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate this Lease before the end of the Lease term or renewal period. (c) If we require you to give us more than 30 days' written notice to move out before the end of the Lease term, we will give you 1 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move -out notice. If we fail to give a reminder notice, 30 days' written notice to move out is required. (d) You must get from us a written acknowledgment of your notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly dean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions if they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges —including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 of 6 Vi Blue Moon eSignature Services Document ID: 424460641 normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). 26.2. Move -Out Inspection. We may, but are not obligated to, provide ajoint move -out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living in the apartment in our reasonable judgment; or (B) apartment keys and ac- cess devices listed in Par. 2.1 have been turned in to us —whichever happens first. You have abandoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (B) you've been in default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we consider the apartment aban- doned. An apartment is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights. Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security -deposit deductions; and remove or store property left in the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that in our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or if you surrender or abandon the apartment. We're not liable for casualty, Toss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. GENERAL PROVISIONS AND SIGNATURES 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association for the area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable by us (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply if both of the following occur: (1) this Lease is automatically renewed on a month -to -month basis more than once after membership in TAA and the local association has lapsed; and (2) neither the owner nor the man- agement company is a member ofTAA and the local association during the third automatic renewal. A signed affidavit from the affiliated local apartment association attesting to nonmembership when this Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may use TAA forms if TAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severability and Survivability. If any provision of this Lease is inval- id or unenforceable under applicable law, it won't invalidate the re- mainder of this Lease or change the intent of the parties. Paragraphs 10.1, 10.2, 16, 22.1, 27,30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought in the county, and precinct if applicable, where the apartment is located. 31. Waivers. By signing this Lease, you agree to the following: 31.1. Class Action Waiver. You agree that you will not participate in any class action claims against us or our employees, agents, or management company. You must file any claim against us individually, and you expressly waive your right to bring, represent join or otherwise maintain a class action, collective action or similar proceeding against us in any forum. YOU UNDERSTAND THAT WITHOUT THIS WAIVER, YOU COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. 31.2. Force Majeure. If we are prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond our control, including but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions in this Lease. No cash will be accepted. No personal checks after the 3rd of the month. After 2 NSF checks we will only accept certified funds. NO SATELLITE DISH ALLOWED. NO WINDOW A/C UNITS ALLOWED. 3rd LEASE VIOLATIONS WILL BE A NOTICE TO VACATE/EVICTION. Delivery Notice Fee of $25 will be assessed if we deliver any notice to vacate. Before submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. You are bound by this Lease when it is signed. An electronic signature is binding. This Lease, including all addenda, is the entire agreement between you and us. You agree that you are NOT relying on any oral representations. Resident or Residents (all sign below) (Name of Resident) 03/01/2024 Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (signing on behalf of owner) 364/Put ne.Ca. Cruz, Apartment Lease Contract, TAA Official Statewide Form 23-A/B-1/B-2 Revised October 2023 Page 6 of 6 Vi Blue Moon eSignature Services Document ID: 424460641 TEXAS APARTMENT ASSOCIATION M E M B E R Resident's Name: Inventory and Condition Form Personal#:( ) Work#:( ) Resident's Name: Personal#:( ) Work#:() Resident's Name: Personal#:( ) Work#:() Resident's Name: Personal#:( ) Work#:(_) Resident's Name: Personal#:( ) Work#:(_) Resident's Name: Personal#:(_) Work#:(_) Apartment Community Name: Encore on Mustang orStreetAddress(ifhouse,duplex,etc.): Apt# Within 48 hours after move -in, you must note on this form all defects, damage, or safety or pest -related concerns and return it to our representative. Otherwise, everything will be considered to be in a clean, safe, and good working condition. Please mark through items listed below or put "none" if the items don't exist. This form protects both you (the resident) and us (the owner). We'll use it in determining what should and should not be considered your responsibility upon move -out. You are entitled to a copy of this form after it is filled out and signed by you and us. O Move -In or O Move -Out Condition (Check one) Living Room Walls Dining Room Walls Wallpaper Wallpaper Plugs, switches, A/C vents Plugs, switches, A/C vents Woodwork/baseboards Woodwork/baseboards Ceiling Ceiling Light fixtures, bulbs Light fixtures, bulbs Floor/carpet Floor/carpet Doors, stops, locks Doors, stops, locks Windows, latches, screens Windows, latches, screens Window coverings Closets, rods, shelves Closets, rods, shelves Closet lights, fixtures Closet lights, fixtures Lamps, bulbs Water stains or mold on walls, ceilings or baseboards Water stains or mold on walls, ceilings or baseboards Other Window coverings Other Halls Kitchen Walls Walls Wallpaper Wallpaper Plugs, switches, A/C vents Plugs, switches, A/C vents Woodwork/baseboards Woodwork/baseboards Ceiling Ceiling Light fixtures, bulbs Light fixtures, bulbs Floor/carpet Floor/carpet Doors, stops, locks Doors, stops, locks Closets, rods, shelves Windows, latches, screens Closet lights, fixtures Window coverings Water stains or mold on walls, ceilings or baseboards Cabinets, drawers, handles Other Countertops Exterior (if applicable) Stove/oven, trays, pans, shelves Vent hood Patio/yard Refrigerator, trays, shelves Fences/gates Refrigerator light, crisper Faucets Balconies Dishwasher, dispensers, racks Sink/disposal Other Microwave Bedroom (describe which one): Plumbing leaks, water stains or mold on walls, ceilings or baseboards Walls Wallpaper Other Plugs, switches, A/C vents General Items Thermostat Cable TV or master antenna A/C filter Washer/dryer Garage door Ceiling fans Exterior doors, screens/screen doors, doorbell Woodwork/baseboards Ceiling Light fixtures, bulbs Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Closets, rods, shelves Closet lights, fixtures Water stains or mold on walls, ceilings or baseboards Fireplace Other ® TEXAS APARTMENT ASSOCIATION, INC., 2021 Other Vi Blue Moon eSignature Services Document ID: 424460641 CONTINUED ON BACK SIDE Bedroom (describe which one): Bedroom (describe which one): Walls Walls Wallpaper Wallpaper Plugs, switches, A/C vents Plugs, switches, A/C vents Woodwork/baseboards Woodwork/baseboards Ceiling Ceiling Light fixtures, bulbs Light fixtures, bulbs Floor/carpet Floor/carpet Doors, stops, locks Doors, stops, locks Windows, latches, screens Windows, latches, screens Window coverings Window coverings Closets, rods, shelves Closets, rods, shelves Closet lights, fixtures Closet lights, fixtures Water stains or mold on walls, ceilings or baseboards Water stains or mold on walls, ceilings or baseboards Other Other Bath (describe which one): Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Exhaust fan/heater Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Sink, faucet, handles, stopper Countertops Mirror Cabinets, drawers, handles Toilet, paper holder Bathtub, enclosure, stopper Shower, doors, rods Tile Plumbing leaks, water stains or mold on walls, ceilings or baseboards Other Half Bath Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Exhaust fan/heater Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Sink, faucet, handles, stopper Countertops Mirror Cabinets, drawers, handles Toilet, paper holder Tile Plumbing leaks, water stains or mold on walls, ceilings or baseboards Other Bath (describe which one): Walls Wallpaper Plugs, switches, A/C vents Woodwork/baseboards Ceiling Light fixtures, bulbs Exhaust fan/heater Floor/carpet Doors, stops, locks Windows, latches, screens Window coverings Sink, faucet, handles, stopper Countertops Mirror Cabinets, drawers, handles Toilet, paper holder Bathtub, enclosure, stopper Shower, doors, rods Tile Plumbing leaks, water stains or mold on walls, ceilings or baseboards Other Safety or Pest -Related Items (Put "none" if item does not exist) Door knob locks Keyed deadbolt locks Keyless deadbolts Keyless bolting devices Sliding door latches Sliding door security bars Sliding door pin locks Doorviewers Window latches Porch and patio lights Smoke alarms (push button to test) Other detectors Alarm system Fire extinguishers (look at charge level —BUT DON'TTEST!) Garage door opener Gate access card(s) Other Pest -related concerns Date of Move -In: or Date of Move -Out: Acknowledgment. You agree you will complete and submit this form in accordance with this Lease and our Community Policies. You acknowledge you will inspect and test all the safety -related items (if in the dwelling), as well as smoke alarms and any other detector(s), and confirm that they are working, except as noted on your completed Inventory and Condition Form. All items will be assumed to be in good condition unless otherwise noted.You acknowledge you will receive written operating instructions on the alarm system and gate access entry systems (if there are any). You acknowledge that you will inspect the dwelling and confirm no signs of bed bugs or other pests are present, or that you will report any bed bug or pest issues through a work order or other repair request. In signing below, you acknowledge receipt of this form and accept the responsibility for completing it as part of the Lease Contract. You agree that, either after completion or 48 hours after move -in without returning this form (whichever comes first), it accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Resident or Resident's Agent: Date of Signing: Owner or Owner's Representative: Date of Signing: FOR OFFICE USE ONLY. Date completed form was received: Received by: Vi Blue Moon eSignature Services Document ID: 424460641 TAA Official Statewide Form 21-H, Revised June, 2021 L Copyright 2021, Texas Apartment Association, Inc. ra Animal Addendum •.ti �s APARTMIKNT ASSOCIATION Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do not properly control and care for an animal, you'll be liable if it causes damage or disturbs other residents. 1. . 2. Lease. Owner's name: Encore on Mustang Residents (listall residents): 3. Conditional Authorization for Animal. You may keep the animal or animals described below in the dwelling until the Lease expires. We may terminate this authorization sooner if your right of occupancy is lawfully terminated or if in our judgment you, your animal, your guest, or any occupant violates any of the rules in this addendum. 4. Animal Deposit. You must pay a one-time animal deposit of $ 0.00 when you sign this addendum. This deposit is in addition to your total security deposit under the Lease, which is a general security deposit for all purposes. Refund of the total security deposit is subject to the terms and conditions in the Lease, and this animal -deposit portion of the total deposit is not separately refund- able even if the animal is removed. 5. Assistance or Service Animals. When allowed by applicable laws, we may require written verification of or make other inquiries regarding the disability -related need for an assistance or service animal for a per- son with a disability. We will not charge an animal deposit, additional rent, or other fee for any authorized assistance or service animal. Ex- cept as provided by applicable law, all other provisions of this adden- dum apply to assistance or service animals. 6. Search and Rescue Dogs. We may ask the handler of a search and rescue dog for proof he or she is a person with a certification issued by a nationally recognized search and rescue agency before we authorize a search and rescue dog. If we authorize a search and rescue dog, we will not charge an animal deposit, additional rent or other fee for any such dog. Except as provided by applicable law, all other provisions of this addendum apply to search and rescue dogs. 7. Additional Monthly Rent. Your monthly base rent (as stated in the Lease) will be increased by $ 0 8. Additional Fee. You must also pay a one-time nonrefundable fee of $ 400 .00 to keep the animal in the dwelling unit. The fee is due when you sign this addendum. 9. Liability Not Limited. The additional monthly rent and additional security deposit under this Animal Addendum do not limit residents' liability for property damage, cleaning, deodorization, defleaing, re- placements, or personal injuries. 10. Description of Animal. You may keep only the animal or animals de- scribed below. You may not substitute any other animal. Neither you nor your guests or occupants may bring any other animal —mammal, reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the dwelling or apartment community. Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: 11. Special Provisions. The following special provisions control over any conflicting provisions of this addendum: Tenant agrees to follow TAA addendum and additional property pet addendum. 12. Emergency. In an emergency involving an accident or injury to your animal, we have the right —but not the duty —to take the animal to the following veterinarian for treatment, at your expense. Doctor: Address: City/State/Zip: Phone: ( 13. Animal Rules. You are responsible for the animal's actions at all times. You agree to follow these rules: 13.1 Shots and Licenses. The animal at all times must have current rabies shots and licenses required by law. You must show us evi- dence of the shots and licenses if we ask. 13.2 Disturbances. The animal must not disturb the neighbors or other residents, regardless of whether the animal is inside or outside the dwelling. 13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or service animals, and search and rescue dogs must be house- broken. All other animals must be caged at all times. No animal offspring are allowed. 13.4 Indoor Waste Areas. Inside, the animal may urinate or defe- cate only in these designated areas: 13.5 Outdoor Waste Areas. Outside, the animal may urinate or def- ecate only in these designated areas: 13.6 Tethering. Animals may not be tied to any fixed object any- where outside the dwelling units, except in fenced yards (if any) for your exclusive use. 02022 TEXAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK Vi Blue Moon eSignature Services Document ID: 424460641 13.7 Off -Limit Areas. You must not let an animal —other than an assistance or service animal —into swimming -pool areas, laun- dry rooms, offices, clubrooms, other recreational facilities, or other dwelling units besides your own, except that search and rescue dogs shall be allowed to use areas of the property ac- cessible to the general public, such as the leasing office. Cer- tain service animals in training shall also be allowed to use those areas when accompanied by an approved trainer. 13.8 Food & Water. Your animal must be fed and given water in- side the dwelling unit. You may not leave animal food or water outside the dwelling unit at any time, except in fenced yards (if any) for your exclusive use. 13.9 Leash. You must keep the animal on a leash and under your su- pervision when outside the dwelling or in any private fenced area. We or our representative may pick up unleashed animals, report them to the proper authorities, or do both. Well charge you a rea- sonable fee for picking up and keeping unleashed animals. 13.10Animal Waste. Unless we have designated a particular area in your dwelling unit or on the grounds for animal defecation and urination, you are prohibited from letting an animal defecate or urinate anywhere on our property and you must take the ani- mal off our property for that purpose. If we allow animal defeca- tion inside the unit, you must ensure that it's done in a litter box with a kitty -litter -type mix. If the animal defecates anywhere on our property (including in a fenced yard for your exclusive use), you must immediately remove the waste and repair any damage. In addition to the terms of this addendum, you must comply with all local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from time to time if we distribute a written copy of any changes to every resident who is allowed to have animals. 15. Violation of Rules. If you, your guest, or any occupant violates any rule or provision of this addendum (in our judgment) and we give you written notice of the violation, you must remove the animal immedi- ately and permanently from the premises. We also have all other rights and remedies set forth in the Lease, including eviction and recovering damages and attorney's fees from you. 16. Complaints About Animal. If we receive a reasonable complaint from a neighbor or other resident or if we, in our sole discretion, determine that the animal has disturbed neighbors or other residents, we will give you written notice and you must immediately and permanently remove the animal from the premises. 17. Our Removal of an Animal. In some circumstances, we may enter the dwelling unit and remove the animal within one day after leaving a written notice in a conspicuous place. 17.1 Causes for Removal. We can remove an animal under this para- graph if, in our sole judgment, you have: (A) abandoned the animal; (B) left the animal in the dwelling unit for an extended period of time without food or water; (C) failed to care for a sick animal; (D) violated our animal rules; OR (E) let the animal defecate or urinate where it's not allowed. 17.2 Removal Process. To remove an animal, we must follow the procedures in the Lease, and we may turn the animal over to a humane society or local authority. We'II return the animal to you upon request if we haven't already turned it over to a humane society or local authority. We don't have a lien on the animal for any purpose, but you must pay for reasonable care and ken- neling charges for the animal. If you don't pick up the animal within five days after we remove it, it will be considered aban- doned. 18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear and tear resulting from an assistance or service animal, you and all co - residents are jointly and severally liable for the entire amount of any damage the animal causes, including cleaning, defleaing, or deodor- izing. This provision applies to all parts of the dwelling unit including carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and appliances, as well as landscaping and other outside improvements. If an 'item cannot be satisfactorily cleaned or repaired, you must pay for us to replace it. Payment for damage, repairs, cleaning, replacements, and the like are due immediately upon demand. As the owner, you're strictly liable for the entire amount of any injury that your animal causes to an- other person or to anyone's property. You indemnify us for all costs of litigation and attorney's fees resulting from any such injury or damage. 19. Move -Out. Except for reasonable wear and tear resulting from an as- sistance or service animal, when you move out, you'll pay for deflea- ing, deodorizing, and shampooing to protect future residents from possible health hazards, regardless of how long the animal was there. We —not you —will arrange for these services. 20. Multiple Residents. Each resident who signed the Lease must also sign this addendum. You, your guests, and any occupants must follow all animal rules. Each resident is jointly and severally liable for dam- ages and all other obligations set forth in this addendum, even if the resident does not own the animal. 21. Dog Park. We may provide an area to be used as a dog park. While using the park, you will be required to supervise your dog, but may remove the leash. Leashes must be used while traveling to and from the park. The park is not supervised or monitored in any way, and you use the park at your own risk. We are not liable for any injury, damage or loss which is caused as a result of any problem, defect or malfunc- tion of the park. We are also not liable for injury, damage or loss to any person, animal or property caused by any other person or animal, including, but not limited to, dog bite, trespass, assault or any other crime. Furthermore, we are not liable for any disruption in the park's operation or performance. You hereby release us and our agents, con- tractors, employees and representatives from any liability connected with the park. You agree to be responsible for any property damage caused by you, your guests or other occupants to the park. You un- derstand that participating in any activity at the park carries a risk of injury, and you are willing to assume this risk. We make no representa- tions or warranties of any kind regarding the park. 22. General. You acknowledge that no other oral or written agreement exists regarding animals. Except for any special provisions noted in paragraph 11 above, our representative has no authority to modify this addendum or the animal rules except in writing as described under paragraph 14. This Animal Addendum and the animal rules are consid- ered part of the Lease described above. 23. Animal Restrictions. No animal will be allowed that poses a threat to any other person. You represent that your animal(s) does not pose a danger or threat of any kind to any person or property; has not dis- played vicious, aggressive or dangerous behavior; and has never be- fore injured you or any other person or animal or caused any dam- age to your property or another person's property. You affirmatively represent and warrant that you have never had a claim or lawsuit filed against you or anyone else for an injury or damage caused by or re- lated to the animal. You understand and agree that the approval of the animal to live in your apartment is expressly conditioned upon all of the forgoing being true and if you have made any misrepresentation it is a violation of the Lease. You are legally bound by this document. Please read it carefully. You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. 03/01/2024 Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (sign below) Wa* t De+C Cawz 03/01/2024 Date signed TAA Official Statewide Form 22-E, Revised February 2022 Cr Copyright 2022, Texas Apartment Association, Inc. 1111 Blue Moon eSignature Services Document ID: 424460641 I VYI'!vt1:1'3• As.nCs R' I'ION Mold Information and Prevention Addendum Please note: We want to maintain a high -quality living environment for our residents. To help achieve this goal, it is important that we work together to minimize any mold growth in your dwelling. This Addendum contains important information for you, and responsibilities for both you and us. 1. Addendum. This is an addendum between the Residents and Owner as described in the Lease for the dwelling described below: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State/Zip where dwelling is located: 2. About Mold. Mold is found everywhere in our environment, both indoors and outdoors and in both new and old structures. To avoid mold growth, it's important to prevent excess moisture buildup in your dwelling. Promptly notify us in writing about any air-condi- tioning or heating -system problems and any signs of water leaks, water infiltration or mold. We will respond in accordance with state law and the Lease to repair or remedy the situation. If small areas of mold have already accumulated on nonporous surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood, or plastic), the Environmental Protection Agency recommends that you first dean the areas with soap (or detergent) and water and let the surface dry thoroughly. When the surface is dry —and within 24 hours of cleaning —apply a premixed spray -on household biocide. Do not clean or apply biocides to visible mold on porous sur- faces such as sheetrock walls or ceilings or to large areas of visible mold on nonporous surfaces. Instead, notify us in writing and we will take appropriate action to comply with Section 92.051 et seq. of the Texas Property Code, subject to the special exceptions for natu- ral disasters. If you fail to comply with this addendum, you can be held respon- sible for property damage to the dwelling and any health problems that may result. This Addendum is part of your Lease. You are legally bound by this document. Please read it carefully. Resident or Residents (all sign below) (Name of Resident) Owner or Owner's Representative (sign below) 03/01/2024 9Caiw L7era Crux Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. 03/01/2024 Date signed TAA Official Statewide Form 23-FF, Revised October, 2023 Copyright 2023, Texas Apartment Association, Inc. Vi Blue Moon eSignature Services Document ID: 424460641 "rEgvii, M1•:N'f•1SSgCIA'I'ION Security Guidelines for Residents Addendum 1. Addendum. This is an addendum to the Lease Contract ("Lease") executed by you, the resident(s), on the dwelling (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclaim any express or implied warranties of security. We care about your safety and that of other occupants and guests. No security system is failsafe. Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and human error. The best safety measures are the ones you perform as a matter of common sense and habit. Inform all other occupants in your dwelling, including any children you may have, about these guidelines. We recommend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: • In case of emergency, call 911. Always report emergencies to authorities first and then contact the management. • Report any suspicious activity to the police first, and then follow up with a written notice to us. • Know your neighbors. Watching out for each other is one of the best defenses against crime. Resident or Residents (all sign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) Always be aware of your surroundings and avoid areas that are not well -traveled or well -lit. Keep your keys handy at all times when walking to your car or home. Do not go inside if you arrive home and find your door open. Call the police from another location and ask them to meet you before entering. Make sure door locks, window latches and sliding glass doors are properly secured at all times. Use the keyless deadbolt on your unit when you are at home. Don't put your name or address on your key ring or hide extra keys in obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekey your locks at your expense, in accordance with paragraph 11 of the Lease. Check the door viewer before answering the door. Don't open the door if you don't know the person or have any doubts. Children who are old enough to take care of themselves should never let anyone inside when home without an adult. Regularly check your security devices, smoke alarms and other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke alarms and other detection devices , as well as any other malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. Owner or Owner's Representative (sign below) WatitutDe.Co,Cnte Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. TAA Official Statewide Form 15-M, Revised January, 2015 Copyright 2015,Texas Apartment Association, Inc. ,,� Vi Blue Moon eSignature Services Document ID: 424460641 "rEgvii, MJ•:N'f•1SSgCIAi'ION Asbestos Addendum 1. Addendum. This is an addendum to the Lease Contract executed by you, the resident(s), on the dwelling you have agreed to rent. That dwelling is: (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Asbestos. In most dwellings which were built prior to 1981, asbestos was commonly used as a construction material. In various parts of your dwelling, asbestos materials may have been used in the original construction or in renovations prior to the enactmentoffederal laws which limitasbestos in certain construction materials. Resident or Residents (all sign below) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) 3. Federal Recommendations.The United States Environmental Protection Agency (EPA) has determined that the mere presence of asbestos materials does not pose a health risk to residents and that such materials are safe so long as they are not dislodged ordisturbed in a mannerthatcausestheasbestos fibers to be released. Disturbances include sanding, scraping, pounding, or other techniques that produce dust and cause the asbestos particles to become airborne. The EPA does not require that intact asbestos materials be removed. Instead, the law simply requires that we take reasonable precautions to minimize the chance of damage or disturbance of those materials. 4. Community Policies and Rules. You, your families, other occupants, and guests must not disturb or attach anything to the walls, ceilings, fl oor tiles, or insulation behind the walls or ceilings in your dwelling unless specifi cally allowed in owner's rulesorcommunitypoliciesthatareseparatelyattached tothis Lease Contract. The foregoing prevails over other provisions of the Lease Contract to the contrary. Please report any ceiling leaks to management promptly so that pieces of acoustical ceiling material or ceiling tiles do not fall to the fl oor and get disturbed by people walking on the fallen material. Owner or Owner's Representative (sign below) W.a Qin. l7eCa &az Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place. TAA Official Statewide Form 15-Y, Revised January, 2015. Copyright 2015,Texas Apartment Association, Inc. Vi Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS i. Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. When water and wastewater bills are paid 100 percent by the property owner, residents have no incentive to conserve water. This results in a waste of our state's natural resources and adds to the overhead of the property —and that usually means higher rents. Allocation of water bills saves money for residents because it encourages them to conserve water and wastewater. We as owners also have incentive to conserve because we are required by law to pay a portion of the total water bill(s) for the entire apartment community. 3. Your payment due date. Payment of your allocated water/wastewater bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of 5 percent of your water/wastewater bill if we don't receive timely payment. If you are late in paying the water bill, we may not cut off your water; but we may immediately exercise all other lawful remedies, including eviction —just like late payment of rent. 4. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for water and wastewater. Instead, you will be receiving a separate bill from us each month for such utilities. We may include this item as a separate and distinct charge as part of a multi -item bill. We will allocate the monthly mastermeter water/wastewater bill(s) for the apartment community, based on an allocation method approved by the Public Utility Commission of Texas (PUC) and described below. The allocation method that we will use in calculating your bill is noted below and described in the following subdivision of Section 24.281 of the PUC rules (check only one): ❑ subdivision (i) actual occupancy; ❑ subdivision (ii) ratio occupancy (PUC average for number of occupants in unit); ❑ subdivision (iii)average occupancy (PUC average for number of bedrooms in unit); x❑ subdivision (iv)combination of actual occupancy and square feet of the apartment; or ❑ subdivision (v) submetered hot/cold water, ratio to total. The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about the 18 day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by allocated billings. S. Common area deduction. We will calculate your allocated share of the mastermetered water/wastewater bill according to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the total mastermeter water/wastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be included in the bill except your unpaid balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility company on time and incur penalties or interest, no portion of such amounts will be included in your bill. 6. Change of allocation formula. The above allocation formula for determining your share of the mastermetered water/ wastewater bill cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice of the new formula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed mutual agreement. 7. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in the previous calendar year was $ 66.17 per unit, varying from $ 7.38 to $ 313.89 for the lowest to highest month's bills for any unit in the apartment community for this period, if such information is available. The above amounts do not reflect future changes in utility company water rates, weather variations, total water consumption, residents' water consumption habits, etc. 8. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills from the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will be between you and us. 9. PUC. Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those rules. io.Conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your apartment no later than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks. Signatures of All Residents 3Cat#uvDeJu,Gua Signature of Owner or Owner's Representative Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In accordance with PUC rules, a copy of the applicable rules is provided to you below: SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION § 24.275. General Rules and Definitions (a) Purpose and scope. The provisions of this subchapter are intended to establish a comprehensive regulatory system to assure that the practices involving submetered and allocated billing of dwelling units and multiple use facilities for water and sewer utility service are just and reasonable and include appropriate safeguards for tenants. (b) Application. The provisions of this subchapter apply to apartment houses, condominiums, multiple use facilities, and manufactured home rental communities billing for water and wastewater utility service on a submetered or allocated basis. The provisions of this subchapter do not limit the authority of an owner, operator, or manager of an apartment house, manufactured home rental community, or multiple use facility to charge, bill for, or collect rent, an assessment, an administrative fee, a fee relating to upkeep or management of chilled water, boiler, heating, ventilation, air conditioning, or other building system, or any other amount that is unrelated to water and sewer utility service costs. (c) Definitions. The following words and terms, when used in this subchapter, have the defined meanings, unless the context clearly indicates otherwise. (1) Allocated utility service --Water or wastewater utility service that is master metered to an owner by a retail public utility and allocated to tenants by the owner. (2) Apartment house --A building or buildings containing five or more dwelling units that are occupied primarily for nontransient use, including a residential condominium whether rented or owner occupied, and if a dwelling unit is rented, having rent paid at intervals of one month or more. (3) Condominium manager —A condominium unit owners' association organized under Texas Property Code §82.101, or an incorporated or unincorporated entity comprising the council of owners under Chapter 81, Property Code. Condominium Manager and Manager of a Condominium have the same meaning. (4) Customer service charge --A customer service charge is a rate that is not dependent on the amount of water used through the master meter. (5) Dwelling unit --One or more rooms in an apartment house or condominium, suitable for occupancy as a residence, and containing kitchen and bathroom facilities; a unit in a multiple use facility; or a manufactured home in a manufactured home rental community. (6) Dwelling unit base charge --A flat rate or fee charged by a retail public utility for each dwelling unit recorded by the retail public utility. (7) Manufactured home rental community --A property on which spaces are rented for the occupancy of manufactured homes for nontransient residential use and for which rental is paid at intervals of one month or longer. (8) Master meter --A meter used to measure, for billing purposes, all water usage of an apartment house, condominium, multiple use facility, or manufactured home rental community, including common areas, common facilities, and dwelling units. (9) Multiple use facility --A commercial or industrial park, office complex, or marina with five or more units that are occupied primarily for nontransient use and are rented at intervals of one month or longer. (10) Occupant --A tenant or other person authorized under a written agreement to occupy a dwelling. (11) Overcharge --The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit after a violation occurred relating to the assessment of a portion of utility costs in excess of the amount the tenant would have been charged under this subchapter. Overcharge and Overbilling have the same meaning. (12) Owner --The legal titleholder of an apartment house, a manufactured home rental community, or a multiple use facility; and any individual, fine, or corporation expressly identified in the lease agreement as the landlord of tenants in the apartment house, manufactured home rental community, or multiple use facility. The term does not include the manager of an apartment home unless the manager is expressly identified as the landlord in the lease agreement. (13) Point -of -use submeter--A device located in a plumbing system to measure the amount of water used at a specific point of use, fixture, or appliance, including a sink, toilet, bathtub, or clothes washer. (14) Submetered utility service --Water utility service that is master metered for the owner by the retail public utility and individually metered by the owner at each dwelling unit; wastewater utility service based on submetered water utility service; water utility service measured by point -of - use submeters when all of the water used in a dwelling unit is measured and totaled; or wastewater utility service based on total water use as measured by point -of -use submeters. (15) Tenant --A person who owns or is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and, if rent is paid, who is obligated to pay for the occupancy under a written or oral rental agreement. (16) Undercharge --The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit less than the amount the tenant would have been charged under this subchapter. Undercharge and Underbilling have the same meaning. (17) Utility costs --Any amount charged to the owner by a retail public utility for water or wastewater service. Utility Costs and Utility Service Costs have the same meaning. (18) Utility service --For purposes of this subchapter, utility service includes only drinking water and wastewater. § 24.277. Owner Registration and Records (a) Registration. An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission in a form prescribed by the commission. (b) Water quantity measurement. Except as provided by subsections (c) and (d) of this section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of: (1) submeters, owned by the property owner or manager, for each dwelling unit or rental unit; or (2) individual meters, owned by the retail public utility, for each dwelling unit or rental unit. (c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides govemment assisted or subsidized rental housing to low or very low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters for the measurement of the quantity of water, if any, consumed by the occupants of each unit. (d) Installation of individual meters. On the request by the property owner or manager, a retail public utility shall install individual meters owned by the utility in an apartment house, manufactured home rental community, multiple use facility, or condominium on which construction began after January 1, 2003, unless the retail public utility determines that installation of meters is not feasible. If the retail public utility determines that installation of meters is not feasible, the property owner or manager shall install a plumbing system that is compatible with the installation of submeters or individual meters. A retail public utility may charge reasonable costs to install individual meters. (e) Records. The owner shall make the following records available for inspection by the tenant or the commission or commission staff at the on -site manager's office during normal business hours in accordance with subsection (g) of this section. The owner may require that the request by the tenant be in writing and include: (1) a current and complete copy of TWC, Chapter 13, Subchapter M; (2) a current and complete copy of this subchapter; (3) a current copy of the retail public utility's rate structure applicable to the owner's bill; (4) information or tips on how tenants can reduce water usage; (5) the bills from the retail public utility to the owner; (6) for allocated billing: (A) the formula, occupancy factors, if any, and percentages used to calculate tenant bills; (B) the total number of occupants or equivalent occupants if an equivalency factor is used under §24.281(e)(2) of this title (relating to Charges and Calculations); and (C) the square footage of the tenant's dwelling unit or rental space and the total square footage of the apartment house, manufactured home rental community, or multiple use facility used for billing if dwelling unit size or rental space is used; (7) for submetered billing: 4' Blue Moon eSignature Services Document ID: 424460641 (A) the calculation of the average cost per gallon, liter, or cubic foot; (B) if the unit of measure of the submeters or point -of -use submeters differs from the unit of measure of the master meter, a chart for converting the tenant's submeter measurement to that used by the retail public utility; (C) all submeter readings; and (D) all submeter test results; (8) the total amount billed to all tenants each month; (9) total revenues collected from the tenants each month to pay for water and wastewater service; and (10) any other information necessary for a tenant to calculate and verify a water and wastewater bill. (f) Records retention. Each of the records required under subsection (e) of this section shall be maintained for the current year and the previous calendar year, except that all submeter test results shall be maintained until the submeter is permanently removed from service. (g) Availability of records. (1) If the records required under subsection (e) of this section are maintained at the on -site manager's office, the owner shall make the records available for inspection at the on -site manager's office within three days after receiving a written request. (2) If the records required under subsection (e) of this section are not routinely maintained at the on -site manager's office, the owner shall provide copies of the records to the on -site manager within 15 days of receiving a written request from a tenant or the commission or commission staff. (3) If there is no on -site manager, the owner shall make copies of the records available at the tenant's dwelling unit at a time agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant. (4) Copies of the records may be provided by mail if postmarked by midnight of the last day specified in paragraph (1), (2), or (3) of this subsection. § 24.279. Rental Agreement (a) Rental agreement content. The rental agreement between the owner and tenant shall clearly state in writing: (1) the tenant will be billed by the owner for submetered or allocated utility services, whichever is applicable; (2) which utility services will be included in the bit issued by the owner; (3) any disputes relating to the computation of the tenant's bill or the accuracy of any submetering device wit be between the tenant and the owner; (4) the average monthly bit for all dwelling units in the previous calendar year and the highest and lowest month's bits for that period; (5) if not submetered, a clear description of the formula used to allocate utility services; (6) information regarding billing such as meter reading dates, billing dates, and due dates; (7) the period of time by which owner will repair leaks in the tenant's unit and in common areas, if common areas are not submetered; (8) the tenant has the right to receive information from the owner to verify the utility bill; and (9) for manufactured home rental communities and apartment houses, the service charge percentage permitted under §24.281(d)(3) of this title (relating to Charges and Calculations) that will be billed to tenants. (b) Requirement to provide rules. At the time a rental agreement is discussed, the owner shall provide a copy of this subchapter or a copy of the rules to the tenant to inform the tenant of his rights and the owner's responsibilities under this subchapter. (c) Tenant agreement to billing method changes. An owner shall not change the method by which a tenant is billed unless the tenant has agreed to the change by signing a lease or other written agreement. The owner shall provide notice of the proposed change at least 35 days prior to implementing the new method. (d) Change from submetered to allocated billing. An owner shall not change from submetered billing to allocated billing, except after receiving written approval from the commission after a demonstration of good cause and if the rental agreement requirements under subsections (a), (b), and (c) of this section have been met. Good cause may include: (1) equipment failures; or (2) meter reading or billing problems that could not feasibly be corrected. (e) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapter is void. § 24.281. Charges and Calculations (a) Prohibited charges. Charges billed to tenants for submetered or allocated utility service may only include bills for water or wastewater from the retail public utility and must not include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees. (b) Dwelling unit base charge. If the retail public utility's rate structure includes a dwelling unit base charge, the owner shall bill each dwelling unit for the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c) Customer service charge. If the retail public utility's rate structure includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submetered utility service. The tenant's submetered charges must include the dwelling unit base charge and customer service charge, if applicable, and the gallonage charge and must be calculated each month as follows: (1) water utility service: the retail public utility's total monthly charges for water service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2) wastewater utility service: the retail public utility's total monthly charges for wastewater service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility, multiplied by the tenant's monthly consumption or the volumetric wastewater rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (3) service charge for manufactured home rental community or the owner or manager of apartment house: a manufactured home rental community or apartment house may charge a service charge in an amount not to exceed 9% of the tenant's charge for submetered water and wastewater service, except when; (A) the resident resides in a unit of an apartment house that has received an allocation of low income housing tax credits under Texas Government Code, Chapter 2306, Subchapter DD; or (B) the apartment resident receives tenant -based voucher assistance under United States Housing Act of 1937 Section 8, (42 United States Code, §1437f); and (4) final bill on move -out for submetered service: if a tenant moves out during a billing period, the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner is billing using the average water or wastewater cost per gallon, liter, or cubic foot as described in paragraph (1) of this subsection, the owner may calculate the tenant's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption for the biting period. (e) Calculations for allocated utility service. (1) Before an owner may allocate the retail public utility's master meter bill for water and sewer service to the tenants, the owner shall first deduct: (A) dwelling unit base charges or customer service charge, if applicable; and (B) common area usage such as installed landscape irrigation systems, pools, and laundry rooms, if any, as follows: (i) if all common areas are separately metered or submetered, deduct the actual common area usage; (ii) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is an installed landscape irrigation system, deduct at least 25% of the retail public utility's master meter bill; (iii) if all water used for an installed landscape irrigation system is metered or submetered and there are other common areas such as pools or laundry rooms that are not metered or submetered, deduct at least 5% of the retail public utility's master meter bill; or (iv) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or 4' Blue Moon eSignature Services Document ID: 424460641 submetered and there is no installed landscape irrigation system, deduct at least 5% of the retail public utility's master meter bill. (2) To calculate a tenant's bill: (A) for an apartment house, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) the number of occupants in the tenant's dwelling unit divided by the total number of occupants in all dwelling units at the beginning of the month for which bills are being rendered; or (ii) the number of occupants in the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants in all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use in units that are occupied by multiple tenants. The ratio occupancy formula that is used must assign a fractional portion per tenant of no less than that on the following scale: (I) dwelling unit with one occupant = 1; (II) dwelling unit with two occupants = 1.6; (III) dwelling unit with three occupants = 2.2; or (IV) dwelling unit with more than three occupants = 2.2 + 0.4 per each additional occupant over three; or (iii) the average number of occupants per bedroom, which shall be determined by the following occupancy formula. The formula must calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants in each of the dwelling units bedrooms or all dwelling units: (I) dwelling unit with an efficiency = 1; (II) dwelling unit with one bedroom = 1.6; (III) dwelling unit with two bedrooms = 2.8; (IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional bedroom; or (iv) a factor using a combination of square footage and occupancy in which no more than 50% is based on square footage. The square footage portion must be based on the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house; or (v) the individually submetered hot or cold water usage of the tenants dwelling unit divided by all submetered hot or cold water usage in all dwelling units; (B) a condominium manager shall multiply the amount established in paragraph (1) of this subsection by any of the factors under subparagraph (A) of this paragraph or may follow the methods outlined in the condominium contract; (C) for a manufactured home rental community, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the area of the individual rental space divided by the total area of all rental spaces; and (D) for a multiple use facility, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the square footage of the rental space divided by the total square footage of all rental spaces. (3) If a tenant moves in or out during a billing period, the owner may calculate a bill for the tenant. If the tenant moves in during a billing period, the owner shall prorate the bill by calculating a bill as if the tenant were there for the whole month and then charging the tenant for only the number of days the tenant lived in the unit divided by the number of days in the month multiplied by the calculated bill. If a tenant moves out during a billing period before the owner receives the bill for that period from the retail public utility, the owner may calculate a final bill. The owner may calculate the tenant's bill by calculating the tenants average bill for the last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month. (f) Conversion to approved allocation method. An owner using an allocation formula other than those approved in subsection (e) of this section shall immediately provide notice as required under §24.279(c) of this title (relating to Rental Agreement) and either: (1) adopt one of the methods in subsection (e) of this section; or (2) install submeters and begin billing on a submetered basis; or (3) discontinue billing for utility services. § 24.283. Billing (a) Monthly billing of total charges. The owner shall bill the tenant each month for the total charges calculated under §24.281 of this title (relating to Charges and Calculations). If it is permitted in the rental agreement, an occupant or occupants who are not residing in the rental unit for a period longer than 30 days may be excluded from the occupancy calculation and from paying a water and sewer bill for that period. (b) Rendering bill. (1) Allocated bills shall be rendered as promptly as possible after the owner receives the retail public utility bill. (2) Submeter bills shall be rendered as promptly as possible after the owner receives the retail public utility bill or according to the time schedule in the rental agreement if the owner is billing using the retail public utility's rate. (c) Submeter reading schedule. Submeters or point -of -use submeters shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule in the rental agreement if the owner is billing using the retail public utility's rate. (d) Billing period. (1) Allocated bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. (2) Submeter bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. If the owner uses the retail public utility's actual rate, the billing period may be an altemate billing period specified in the rental agreement. (e) Multi -item bill. If issued on a multi -item bill, charges for submetered or allocated utility service must be separate and distinct from any other charges on the bill. (f) Information on bill. The bill must clearly state that the utility service is submetered or allocated, as applicable, and must include all of the following: (1) total amount due for submetered or allocated water; (2) total amount due for submetered or allocated wastewater; (3) total amount due for dwelling unit base charge(s) or customer service charge(s) or both, if applicable; (4) total amount due for water or wastewater usage, if applicable; (5) the name of the retail public utility and a statement that the bill is not from the retail public utility; (6) name and address of the tenant to whom the bill is applicable; (7) name of the firm rendering the bill and the name or title, address, and telephone number of the firm or person to be contacted in case of a billing dispute; and (8) name, address, and telephone number of the party to whom payment is to be made. (g) Information on submetered service. In addition to the information required in subsection (f) of this section, a bill for submetered service must include all of the following: (1) the total number of gallons, liters, or cubic feet submetered or measured by point -of -use submeters; (2) the cost per gallon, liter, or cubic foot for each service provided; and (3) total amount due for a service charge charged by an owner of a manufactured home rental community, if applicable. (h) Due date. The due date on the bill may not be less than 16 days after it is mailed or hand delivered to the tenant, unless the due date falls on a federal holiday or weekend, in which case the following work day will be the due date. The owner shall record the date the bill is mailed or hand delivered. A payment is delinquent if not received by the due date. (i) Estimated bill. An estimated bill may be rendered if a master meter, submeter, or point -of -use submeter has been tampered with, cannot be read, or is out of order; and in such case, the bill must be distinctly marked as an estimate and the subsequent bill must reflect an adjustment for actual charges. (j) Payment by tenant. Unless utility bills are paid to a third -party billing company on behalf of the owner, or unless clearly designated by the tenant, payment must be applied first to rent and then to utilities. (k) Overbilling and underbilling. If a bill is issued and subsequently found to be in error, the owner shall calculate a billing adjustment. If the tenant is due a refund, an adjustment must be calculated for all of that tenant's bills that 4' Blue Moon eSignature Services Document ID: 424460641 included overcharges. If the overbilling or underbilling affects all tenants, an adjustment must be calculated for all of the tenants' bills. If the tenant was undercharged, and the cause was not due to submeter or point -of -use submeter error, the owner may calculate an adjustment for bills issued in the previous six months. If the total undercharge is $25 or more, the owner shall offer the tenant a deferred payment plan option, for the same length of time as that of the underbilling. Adjustments for usage by a previous tenant may not be back billed to a current tenant. (I) Disputed bills. In the event of a dispute between a tenant and an owner regarding any bill, the owner shall investigate the matter and report the results of the investigation to the tenant in writing. The investigation and report must be completed within 30 days from the date the tenant gives written notification of the dispute to the owner. (m) Late fee. A one-time penalty not to exceed 5% may be applied to delinquent accounts. If such a penalty is applied, the bill must indicate the amount due if the late penalty is incurred. No late penalty may be applied unless agreed to by the tenant in a written lease that states the percentage amount of such late penalty. § 24.285. Complaint Jurisdiction (a) Jurisdiction. The commission has exclusive jurisdiction for violations under this subchapter. (b) Complaints. If an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a commission rule regarding utility costs, the person claiming the violation may file a complaint with the commission and may appear remotely for a hearing. § 24.287. Submeters or Point -of -Use Submeters and Plumbing Fixtures (a) Submeters or point -of -use submeters. (1) Same type submeters or point -of -use submeters required. All submeters or point -of -use submeters throughout a property must use the same unit of measurement, such as gallon, liter, or cubic foot. (2) Installation by owner. The owner shall be responsible for providing, installing, and maintaining all submeters or point -of -use submeters necessary for the measurement of water to tenants and to common areas, if applicable. (3) Submeter or point -of -use submeter tests prior to installation. No submeter or point -of -use submeter may be placed in service unless its accuracy has been established. If any submeter or point -of -use submeter is removed from service, it must be properly tested and calibrated before being placed in service again. (4) Accuracy requirements for submeters and point -of -use submeters. Submeters must be calibrated as close as possible to the condition of zero error and within the accuracy standards established by the American Water Works Association (AWWA) for water meters. Point -of -use submeters must be calibrated as closely as possible to the condition of zero error and within the accuracy standards established by the American Society of Mechanical Engineers (ASME) for point -of -use and branch -water submetering systems. (5) Location of submeters and point -of -use submeters. Submeters and point -of -use submeters must be installed in accordance with applicable plumbing codes and AWWA standards for water meters or ASME standards for point -of -use submeters, and must be readily accessible to the tenant and to the owner for testing and inspection where such activities will cause minimum interference and inconvenience to the tenant. (6) Submeter and point -of -use submeter records. The owner shall maintain a record on each submeter or point -of -use submeter which includes: (A) an identifying number; (B) the installation date (and removal date, if applicable); (C) date(s) the submeter or point -of -use submeter was calibrated or tested; (D) copies of all tests; and (E) the current location of the submeter or point -of -use submeter. (7) Submeter or point -of -use submeter test on request of tenant. Upon receiving a written request from the tenant, the owner shall either: (A) provide evidence, at no charge to the tenant, that the submeter or point -of -use submeter was calibrated or tested within the preceding 24 months and determined to be within the accuracy standards established by the AWWA for water meters or ASME standards for point -of -use submeters; or (B) have the submeter or point -of -use submeter removed and tested and promptly advise the tenant of the test results. (8) Billing for submeter or point -of -use submeter test. (A) The owner may not bill the tenant for testing costs if the submeter fails to meet AWWA accuracy standards for water meters or ASME standards for point -of -use submeters. (B) The owner may not bill the tenant for testing costs if there is no evidence that the submeter or point -of -use submeter was calibrated or tested within the preceding 24 months. (C) The owner may bill the tenant for actual testing costs (not to exceed $25) if the submeter meets AWWA accuracy standards or the point -of - use submeter meets ASME accuracy standards and evidence as described in paragraph (7)(A) of this subsection was provided to the tenant. (9) Bill adjustment due to submeter or point -of -use submeter error. If a submeter does not meet AWWA accuracy standards or a point -of -use submeter does not meet ASME accuracy standards and the tenant was overbilled, an adjusted bill must be rendered in accordance with §24.283(k) of this title (relating to Billing). The owner may not charge the tenant for any underbilling that occurred because the submeter or point -of -use submeter was in error. (10) Submeter or point -of -use submeter testing facilities and equipment. For submeters, an owner shall comply with the AWWA's meter testing requirements. For point -of -use meters, an owner shall comply with ASME's meter testing requirements. (b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium may implement a program to bill tenants for submetered or allocated water service, the owner or manager shall adhere to the following standards: (1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets, faucet aerators, and showerheads; (2) perform a water leak audit of each dwelling unit or rental unit and each common area and repair any leaks found; and (3) not later than the first anniversary of the date an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium begins to bill for submetered or allocated water service, the owner or manager shall: (A) remove any toilets that exceed a maximum flow of 3.5 gallons per flush; and (B) install toilets that meet the standards prescribed by Texas Health and Safety Code, §372.002. (c) Plumbing fixture not applicable. Subsection (b) of this section does not apply to a manufactured home rental community owner who does not own the manufactured homes located on the property of the manufactured home rental community. 4' Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM FOR ALLOCATING NATURAL GAS COSTS 1. Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. When natural gas bills are paid by the property owner, residents have no incentive to conserve gas and heat. This results in a waste of our state's natural resources and adds to the overhead of the property —and that usually means higher rents. On the other hand, allocation of gas raises everyone's awareness of the need to conserve gas and heat and to pay attention to the thermostat and heat loss through open doors or windows. It should therefore minimize the necessity for rent increases to cover wasteful practices of other residents regarding heating and gas consumption. 3. Your payment due date. Payment of your allocated gas bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we do not receive timely payment. If you are late in paying the gas bill, we may not cut off your gas; but we may immediately exercise all other lawful remedies, including eviction just like late payment of rent. 4. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for natural gas. Instead, you will be receiving a separate bill from us each month for gas. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree to and we will allocate the monthly gas bill for the apartment community based on the allocation method checked below. ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units.) x❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. ❑ Per dwelling unit ❑ Other formula 5. Common area deduction. Only the total mastermeter gas bill will be allocated. Before the bill is allocated, a deduction of 5 percent will be made to cover estimated gas consumption in any common areas, such as: (1) gas dryers and room heating in laundry rooms; or (2) hot water heating for pools, spas or laundry rooms. Penalties or interest for any late payment of the mastermeter gas bill by us will be paid for by us and will not be allocated. A nominal administrative fee of $ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. 6. Change of allocation formula. The above allocation formula for determining your share of the natural gas bill cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree to the change in a signed lease renewal or signed mutual agreement. Z. Right to examine records. You may examine our gas bills from the utility company and our calculations relating to the monthly allocation of the gas bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. 9Cayi uti De.Ca, Cruz Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM FOR CONCESSION, CREDIT OR OTHER DISCOUNT 1. in Texas. 2. Concession or discount. As an incentive and bonus to you for signing the TAA Lease Contract, choosing our property, and agreeing to fulfill your obligations for the entire term of the TAA Lease Contract, you will receive a concession, credit or discount described below. [Check all that apply] x❑ One-time concession. You will receive a one-time concession in the total amount of $ 0.00 This concession will be credited to your charges for the month(s) of I] Monthly discount. You will receive a monthly discount of $ 0.00 for 12 months. Special Provisions: 3. Payment or repayment for breach. If you move out or terminate your TAA Lease Contract early, in violation of the TAA Lease Contract, you forfeit the concession or credit received under this addendum. If you fail to pay all of your obligations under the TAA Lease Contract, then you will be required to immediately repay us the amounts of all concessions and/or discounts that you actually received from us for the months you resided in your dwelling, in addition to all other sums due under the TAA Lease Contract for unauthorized surrender or abandonment by the resident (see TAA Lease Contract Par. 27). $ Rolf in De.Ca Gstz Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association VI Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM FOR WASHING MACHINE AND DRYER 1. in Texas. 2. Use of Appliances. You (as residents) have permission from us (as owner) to install and use (check all that apply): D a washing machine and/or ❑ a dryer in the dwelling unit described above, subject to the conditions in this addendum. Please remember that we do not select your washing machine or dryer, install them, maintain them, or use them. You are in the best position to prevent water, fire, smoke or other damage caused by: (1) a defective washing machine or dryer; (2) a washing machine or dryer accident; or (3) improper installation, maintenance or use of a washing machine or dryer. 3. Conditions. If your washing machine and/or dryer leaks, floods, causes a fire, causes smoke damage, or otherwise malfunctions or is misused, it can cause a lot of problems and a lot of damage to your unit and other units, as well as damage to your personal property and personal property of residents in other units. For these reasons, your right to install and use a washing machine and/or dryer in your unit is subject to the following conditions. You automatically agree to those conditions when connecting or using a washing machine and/or dryer in your unit. 4. Installation. You should be especially careful in your choice of a washing machine and/or dryer and in their installation, maintenance and use just as if it were in your own home. You and all other residents, occupants, and guests in your unit must follow manufacturer's instructions for the washing machine and/or dryer's installation, maintenance, and use. Installation must be done by a professionally qualified person or company approved by us. We recommend that you have it professionally installed. 5. Responsibility for damage. You agree to assume strict liability for all damage to your unit and to other units and to personal property in your unit and other units if the washing machine and/or dryer leaks, floods, malfunctions or is misused, or in any other way causes damage —unless it is caused by us or our management company, or acts of God to the extent they couldn't be mitigated by your action or inaction. That means you will be responsible for costs of removing water from carpets, replacing permanently damaged carpets, repainting, and any other repairs or damages to your unit and to other units, as well as damage to personal property in your unit and other units if, among other things: • the water or dryer vent hoses break or leak; or • the water or dryer vent hoses were incorrectly connected or did not have protective washers in the connections; or • the washing machine and/or dryer was overloaded, causing it to malfunction; or • the washing machine and/or dryer leaks or malfunctions for any other reason. • the owner's insurance may not cover such damages, and the owner is under no obligation to have insurance that does cover such damages. 6. New hoses. When installing the washing machine, you must use new hoses since bursting or leaking hoses are the most common cause of water damage. Stainless braided water hoses are recommended. Similarly, you should use a new dryer vent hose when installing your dryer. T. Inspection. You must not use the washing machine and/or dryer until management has inspected the installation. Such inspection does not relieve you of liability in the event of water, fire, smoke or other damage from your washing machine and/ or dryer. 8. Maintenance. You will have the sole responsibility for maintaining your washing machine and all related hardware. Such maintenance must include, but is not limited to, regularly cleaning lint from your dryer's lint trap. 9. Insurance. At all times you must carry renter's insurance that provides insurance coverage for damage to your personal belongings from accidental water discharge from your washing machine or other causes. Similarly, it must provide coverage for fire or smoke damage from your washing machine and/or dryer. It must also provide coverage for any potential liability, due to your fault, for water, fire, smoke or other damage to other units and to personal property of others. You must verify with your agent that such coverages are included in your policy and must furnish us a copy of the policy upon our request. Walt De .Ca Cruz, Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES 1. Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. Apartment owners receive bills for services provided to residents and charges for various governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these bills, we do not add any other costs to these bills and make no profit off of them. 3. Services and governmental fees allocated. We will allocate the following services and governmental fees: ❑ Cable/satellite television ❑ Registration/license fee • Stormwater/drainage ❑ Other ❑ Trash removal/recycling ❑ Other ❑ Street repair/maintenance fee ❑ Other ❑ Emergency services fee ❑ Other ❑ Conservation district fee ❑ Other ❑ Inspection fee ❑ Other 4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as allowed by law, and we may immediately exercise all other lawful remedies, including eviction just like late payment of rent. 5. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services and governmental fees indicated above. You will pay separately for these charges which are defined under the Lease as "Additional Rent". You may receive a separate bill from us each month or we may include these items as separate and distinct charges as part of a multi -item bill. You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the allocation method checked below: (check only one) ❑ A percentage reflecting your apartment unit's share of the total square footage in the apartment community, i.e., your unit's square footage divided by the total square footage in all apartment units. ❑ A percentage reflecting your apartment unit's share of the total number of people living in the apartment community, i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community as having a right to occupy the respective units). ❑ Half of your allocation will be based on your apartment unit's share of total square footage and half will be based on your share of total people living in the apartment community, as described above. ❑ Per dwelling unit ❑ Other formula (see attached page) 6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of $ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting. T. Change of allocation formula. The above allocation formula for determining your share of the services and governmental fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree to the change in a signed lease renewal or signed mutual agreement. 8. Right to examine records. You may examine our service and governmental fee bills from the companies and governmental entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give us reasonable advance notice to gather the data. Wa ye uv. DeLa Crag Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association vi Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE 1. in Texas. 2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of $ 12.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of $ 3.00 per month (not to exceed $3) for processing and billing. Your trash/recycling bill may include state and local sales taxes as required by state law. 3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately exercise all lawful remedies under your lease contract, including eviction. Xat in Defa Cruz Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM REGARDING SMOKING 1. in Texas. 2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is strictly prohibited. This is our no -smoking policy; and you agree that any violation of the no -smoking policy is a material and substantial violation of this addendum and a breach of the TAA Lease Contract. The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in any portion of the community. The no -smoking policy and rules extend to, but are not limited to, the leasing offices, building interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any dwelling or building, whether leased by you or another. 3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially designated areas, if any. The permissible smoking areas are marked by signs. Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit: ❑ is permitted x❑ is not permitted. Only the following outside areas may be used for smoking: Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be at least 10 feet from the buildings in the apartment community, including administrative office buildings. If the previous field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including administrative office buildings. The smoking -permissible areas are marked by signage. Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or rental premises. 4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning and odor removal due to smoking or smoke -related damage caused by you or your occupants, family, guests, or invitees, regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no -smoking provisions of the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke -related damage, including but not limited to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building, shall always be in excess of normal wear and tear in our community and at the rental premises. 5. Your responsibility for loss of rental income and economic damages regarding other residents. You are responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking or smoke -related damages caused by you or your occupants, family, guests, or invitees which results in or causes other residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of smoke related damages including smoke odors. 6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette, hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non -tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. 7. Lease Contract termination for violation of this addendum. We have the right to exercise all remedies available to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease Contract subject to any duty to mitigate. 8. Extent of your liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility for any other damages or loss under the TAA Lease Contract or any other addendum. Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that a failure on their part to comply is the same as non-compliance by you. 10. No warranty of a smoke -free environment. Although we prohibit smoking in all interior parts of the dwelling units and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke -free. Smoking in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no -smoking policy is a joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report violations of our no -smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with us if it becomes necessary to pursue action for any violations of the no -smoking policy. This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum. Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following boxes: ® Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the unit. ❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit. R t De Ca Cruz Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association Vi Blue Moon eSignature Services Document ID: 424460641 LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE 1. Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in criminal trespass. 3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked): ❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and their apartments. ❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their vehicles and their apartments. x❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ® the leasing office or ® any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed handguns are prohibited in both). ® Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter x❑ the leasing office or x❑ any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked, openly carried handguns are prohibited in both). ❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm, other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain view. 4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that: (a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease or any community policies we issue; (b) you have been provided the apartment community's policy or policies concerning firearms and will follow them; (c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are and that they are subject to the same policy or policies as you; (d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal trespass under Texas law; and (e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe. 5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and agree that: (a) we do not guarantee a gun -free environment at the apartment community and we cannot guarantee anyone's safety; (b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation, default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice of a violation; (c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge, restrict or otherwise change the standard of care that we would have to you or any other household in the apartment community to render any areas in the apartment community any safer, more secure, or improved as compared to any other rental property; (d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved safety or security standards than any other rental property; (e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns, firearms, or other weapons; and (f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests' cooperation and compliance. Rat eliw De.Ca. Cruz Signatures of All Residents Signature of Owner or Owner's Representative Texas Apartment Association VI Blue Moon eSignature Services Document ID: 424460641 VIRUS WARNING AND WAIVER ADDENDUM This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed for Apt. No. Texas, OR the house, duplex, etc. located at (street address) Apartments in in ,Texas. Due to the inherent risk of exposure to COVID-19 and/or other virus strains (collectively "Viruses") on the premises as defined in Section 92.001 of the Texas Property Code (the "Premises"), it is important that you diligently follow all posted instructions, written rules, and generally accepted health precautions concerning the spread of Viruses while on the Premises. Viruses may be extremely contagious and can lead to severe illness and death. You should always assume that anyone could have a Virus. There is no representation or warranty that: (1) the Premises are or will remain free of Viruses, (2) persons on the Premises are not carrying Viruses; or (3) exposure to Viruses cannot occur on the Premises. While on the Premises: 1. You must exercise due care for your safety at all times. 2. You agree to take full responsibility for and voluntarily assume all risks related to exposure to Viruses. 3. You agree to release, indemnify, discharge, and hold us and our representatives harmless to the fullest extent allowed by law for all present and future claims and liabilities relating to Viruses, including but not limited to any negligent act or omission by us, which might occur as a result of your being on the Premises. Date 03/01/2024 Resident - Date Resident Date Resident Date Resident Date Resident Date Resident Date 03/01/2024 Owner's Representative Rcujittn, Def. Cruz Encore on Mustang, 3039 Mustang Drive 1048 #1048 Apartment name and unit number or street address of leased premises Texas Apartment Association VI Blue Moon eSignature Services Document ID: 424460641 RESIDENT HANDBOOK & COMMUNITY POLICIES WELCOME TO THE ENCORE ON MUSTANG APARTMENTS! Welcome to our Community! We are pleased that you have chosen to make your home with us. The Resident Handbook is designed to orient you with your apartment community. Please keep it handy. Many questions you may have are answered in it. This community is managed by Richmark Properties. It is our desire to provide the highest quality living environment possible for our residents. Should you have any questions or comments that cannot be answered by your community staff, please feel free to contact us at the following address: Richmark Properties PO Box 981 Midlothian, TX 76065 Grand Prairie. Texas 75050 FAIR HOUSING STATEMENT This community is committed to compliance with all federal, state and local fair housing laws. Your community policies are designed to provide for consistent and fair treatment of all residents in the spirit of these laws. The staff at your community has a legal obligation to treat each individual in a consistent manner. Please do not place them in the difficult position of denying a request for an exception to a written policy. Thank you in advance for your cooperation. GOOD NEIGHBOR POLICY All policies in this handbook apply to residents, occupants, and their guests. Please remember your neighbors and help us maintain a quiet, clean community environment. COMMUNITY STANDARDS OF OCCUPANCY All new residents in your apartment community meet the same non-discriminatory qualification standards based on income, employment, credit and rental history. The maximum number of occupants allowed in each size apartment is available in the office. The term "occupant" refers to all adults and children in an apartment. If the number of occupants in your apartment changes for any reason, please contact the Management Office immediately. YOUR MANAGEMENT OFFICE PHONE NUMBER IS: (817)481-4511 VI Blue Moon eSignature Services Document ID: 424460641 MAINTENANCE EMERGENCIES Maintenance requests will be completed in a timely manner. Non -emergency requests will be completed between 8:30a.m. and 6:00p.m., Monday through Friday, excluding holidays. Maintenance requests will be handled after office hours if they are emergencies. We define EMERGENCIES as situations which: Present a danger to people... Fire No electricity Broken or non -working doors, locks, windows No heat (when outside temps are below 50 degrees) No a/c (when outside temps are above 90 degrees) v No water Toilet not functioning (when only one in apartment) Present danger to property... Flooding Broken pipes After business hours, emergency maintenance requests can be reported to the answering service via the management office phone number. The answering service will attempt to contact the on -duty maintenance staff, who will either call or come by the dwelling to determine the proper course of action. THE MANAGEMENT OFFICE PHONE NUMBER IS: (972)306-0010 INSURANCE As stated in your Apartment Lease Contract and in the Security Guidelines for Residents, the apartment community provides no guarantee of personal safety and security. For this reason, we strongly recommend that you: Obtain adequate renter's insurance coverage for your personal belongings. Obtain adequate automobile insurance coverage Practice the tips outlined in the Security Guidelines for Residents. (See pages 3 and 4) FIRE Fires are a serious problem in apartment communities, much more so than in a single-family dwelling, due to the number of families living within each building. Though damage is usually confined to property loss and damage, the loss of personal items can be quite an emotional experience. Most often started through carelessness with cooking, matches, cigarettes, and fireplaces, many fires can be avoided by using caution and common sense. Be prepared plan ahead for everyone's safety As part of your planning, explore your community. Know every possible exit, including exits from laundry, storage and clubrooms. If hallways become smoky in a fire, your memory can help you find the way out. Remember never to use elevators in a fire. Keep exit and stairwell doors closed at all time, but not locked. Keep exits clear of debris and storage. Focus on these four elements in your fire safety plan: • Prevention • Detection • Escape planning and practice • Fire Department notification (Dial 911) An ounce of prevention An ounce of prevention can save your life. Prevention is your best insurance against fire. We recommend that you take these simple fire safety precautions in your own apartment to prevent fires from starting: ❖ Let cooking grease cool and pour into a metal can. • Monitor children carefully. Do not let children cook on the stove. Keep lighters and matches out of the reach of children. Avoid cooking while intoxicated, medicated, or sleepy. ❖ Rather than trash cans, use an empty metal container such as a coffee can for ashtray disposal. Do not remove, disable, or take batteries out of your smoke detector(s). Test smoke detectors monthly to make sure they are still functional. Do not store gas -operated tools or vehicles (motorcycles) inside the apartment or under stairwells. ❖ Barbecue grills are not allowed on balconies, patios or stored under stairways. Fireplace safety Use dry and well -seasoned hardwoods. Softwoods tend to burn away too quickly, and scrap lumber produces excessive sparks. Never use compressed wood dipped in tar, pitch, creosote, such as DuraFlame logs, as this produces sputtering, smoking fires with toxic fumes and causes build-up inside chimney. Never use fire starters such as charcoal lighter or kerosene and definitely no "gasoline." Never burn trash or Christmas trees in the fireplace. ❖ Always use a log grate. It positions the fire properly and ensures a good flow of combustible air to and around the fire —producing the most efficient fire. Do not drop logs into the fireplace as this may damage the fireplace floor and walls. Build moderate to small fires. Most fireplaces in apartments are not designed for roaring fires. Be sure the damper is open before starting the fire and close the damper securely only when the fire is completely out and the ashes are cold. Use a fireplace screen and keep it clean. To start a fire, crumble newspapers on grate and lay in small pieces of dry kindling wood. Place two or three small logs to rear of grate. Open damper and light newspapers, then close screen to keep sparks and embers in. Never leave the fire unattended or with unattended children. Never clean or empty the fireplace until the fire is out and ashes are cold. Always place in a metal ash container (not plastic or paper trash bag) to cool off or be watered down. Ashes three to four days old that were thought to be out have caused many fires. ❖ Never leave ashes inside garages or on balconies. Do not dispose of your ashes in flower or shrub beds. Set them outside in a safe place. Never put hot ashes in a dumpster. 2 VI Blue Moon eSignature Services Document ID: 424460641 Never store firewood in any manner that would inhibit or block any exit, stairway or balcony if it caught fire. Fire laws and insurance requirements prohibit the use of BBC), grills in breezeways, balconies, patios, or within 10 feet of a building. Lighter fluid and flames are potentially hazardous to items such as boxes, furniture and the building. Make sure smoke detectors work properly If a fire occurs, smoke detectors alert you right away so that you can get out of the building safely. If you notice that smoke detectors in your own apartment or in public hallways are beeping, be sure to change batteries or have electrical systems checked. Under your lease, it is your responsibility to replace dead or missing batteries immediately. Do not disable your smoke detector. Disabling a smoke detector or removing working batteries is a violation of Texas law. Establish and practice escape plans In a fire, there is no time to stop and think. You need to know in advance two escape routes from your apartment and your building. That is why it is critical that you make and practice escape plans. Determine evacuation procedures, and decide on a meeting place outdoors. Go there as soon as you exit the building and stay there. This way, you can keep track of who is out and who may be trapped inside. If you think someone is trapped, tell the fire department. Never go back into the building yourself. Practice! Rehearse your escape plans. Make sure that your children understand the plan. Do you have senior citizens, infants, disabled or ill occupants living with you who will need help? Plan for these situations now. • • IN CASE OF FIRE, CALL 911 A.S.A.P! What to do if fire strikes Do not rush out of your apartment into the hallway. First, feel the door. If it is hot, use another way out. If the door is cool, leave by the nearest exit. Use the stairs. Close all doors behind you to slow fire spread. If your planned escape route becomes smoky, get down on your hands and knees and crawl. Smoke rises, so the cleanest air is near the floor. If you cannot escape your apartment, stuff wet towels, sheets and clothes around the door and vents to keep smoke out. Call the fire department and tell them where you are. If no smoke is coming into the room you are in, open a window slightly. Stay low and wave a bright cloth, towel or sheet out a window to signal your location. Remember, by accepting your responsibility to keep your apartment safe from fire, you are not only protecting yourself, but your neighbors as well. A little bit of planning and awareness can make the difference between safety and disaster for everyone. FREEZING WEATHER In the event of severe, freezing weather, please take the following precautions: Drip all the faucets in your apartment. Drip both the HOT and COLD water. • Turn on the heat and set on 50° minimum. Open your closet and cabinet doors to expose plumbing pipes so that these spaces are heated. If you are going to be away from your apartment for an extended period, please leave the thermostat on 50° minimum. These precautions are essential to avoid substantial damage to your apartment from broken pipes. If you have negligently failed to take these precautions, you may be liable for damages to you and your neighbor's apartment. This is especially important if you do not have insurance to cover this damage. STORMS (Violent or Electrical Thunderstorms) Spring usually brings with it rapidly changing weather patterns including violent electrical and/or thunderstorms. The following actions will help prevent damage to the property caused by high wind and heavy rain: • Secure outdoor furniture, plants, and decorations to prevent them from blowing away or blowing into windows, cars, etc. Make sure all doors and windows are securely closed. Turn off and unplug computers, television sets and all other electrical equipment. • Stay indoors. • • SUSPICIOUS ACTIVITY AND NOISE Identifying suspicious behavior Anything that seems unusual or "out of place" could be criminal activity. Working as a partner with police, every resident has a responsibility to report any suspicious behavior. Do not think that you are bothering the police. Consider the results if a crime is in progress and you do not act! Never attempt to apprehend a person committing a crime or to investigate suspicious activity. Leave any confrontations to the police. Allow police to perform the job they are trained to do. Not every stranger who enters your property is a criminal, but criminals do take advantage of activity in apartment communities by pretending to be legitimately involved in sales, repair, and service. If you see any solicitors in your community contact the office. If you suspect that any employee is involved in illegal activity, please contact the Manager immediately. Noise from neighbors If you have a noise complaint concerning a neighbor, we recommend the following procedure: • First, calmly speak with your neighbors yourself. They may not be aware of the disturbance. Second, if the problem persists, contact the management office. After office hours, the answering service will contact a staff member to address the problem. Please call the office again during business hours so that we can monitor the situation. • Third, contact the police. These calls are considered low priority, but they will respond. 3 VI Blue Moon eSignature Services Document ID: 424460641 Solicitors For your personal safety and protection, do not allow strangers into your apartment. Your apartment community does not allow door-to-door solicitors of any type. If you are bothered by solicitors, please contact the office or local police department. Lighting The maintenance of the exterior lighting at our community is an important part of our maintenance program. If you notice that lights are out, please contact our office and we will handle your request. SECURITY GUIDELINES FOR RESIDENTS In cooperation with the Texas Apartment Association, we'd like to give you some important safety guidelines. The Texas Police Association and the Sheriffs' Association of Texas have approved these suggestions. We recommend that you follow these guidelines and use common sense in practicing safe conduct. Inform all other occupants in your dwelling, including any children you may have, about these guidelines. Personal security -while inside your apartment 1. Lock your doors and windows -even while inside. 2. Engage the keyless deadbolts on all doors while you're inside. 3. When answering the door, see who is there by looking through a window or front door peephole. If you don't know the person, first talk with them before opening the door. Don't open the door if you have any doubts. 4. If children (who are old enough to take care of themselves) are left alone in your apartment, tell them to use the keyless deadbolt and refuse to let anyone inside while you are gone -regardless of whether the person is a stranger or an apartment maintenance or management employee. 5. Don't put your name, address, or phone number on your key ring. 6. If you're concerned because you've lost your key or because someone you distrust has a key, ask the management to re -key the locks. You have a statutory right to have that done as long as you pay for the re -keying. 7. Dial 911 for emergencies. If the 911 number does not operate in your area, keep phone numbers handy for the police, fire, and emergency medical services. If an emergency arises, call the appropriate governmental authorities first, and then call the management. 8. Check your smoke detector monthly to make sure it is working properly and the batteries are still good. 9. Check your door locks, window latches and other security devices regularly to be sure they are working properly. 10. If your doors or windows are unsecured due to break-ins or malfunctioning locks or latches, stay with friends or neighbors until the problem is fixed. 11. Immediately report to management --in writing, dated and signed -any needed repairs of locks, latches, doors, windows, smoke detectors, and alarm systems. 12. Immediately report to management --in writing, dated and signed -any malfunction of other safety devices outside your apartment, such as broken gate locks, burned out lights in stairwells and parking lots, blocked passages, broken railings, etc. 13. Close curtains, blinds, and window shades at night. 14. Mark or engrave your driver's license number or other identification on valuable personal property. 15. Lock your doors while you're gone. Lock any door handle lock, keyed deadbolt lock, sliding door pin lock, sliding door security bar that you have. 16. Leave a radio or TV playing softly while you're gone. 17. Close and latch your windows while you're gone, particularly when you're on vacation. 18. Tell your roommate or spouse where you're going and when you'll be back. 19. Don't walk alone at night. Don't allow your family to do so. 20. Don't hide a key under the doormat or a nearby flowerpot. These are the first places a burglar looks. 21. Don't give entry keys, codes, or electronic gate cards to anyone. 22. Use lamp timers when you go out in the evening or go away on vacation. They can be purchased at most hardware stores. 23. Let the manager and your friends know if you'll be gone for an extended time. Ask your neighbors to watch your apartment since the management cannot assume that responsibility. 24. While on vacation, temporarily stop your newspaper and mail delivery, or have your mail and newspaper picked up daily by a friend. 25. Carry your door key in your hand, whether it is daylight or dark, when walking to your entry door. You are more vulnerable when looking for your keys at the door. Personal security -while using your car 26. Lock your car doors while driving. Lock your car doors and roll up the windows when leaving your car parked. 27. Don't leave exposed items in your car, such as cd's, wrapped packages, briefcases, or purses. 28. Don't leave your keys in the car. 29. Carry your key ring in your hand whenever you are walking to your car --whether it is daylight or dark and whether you are at home, school, work, or on vacation. 30. Always park in a well -lighted area. If possible, try to park your car in an off-street parking area rather than on the street. 31. Check the backseat before getting into your car. 32. Be careful when stopping at gas stations or automatic teller machines at night --or anytime when you suspect danger. Personal security awareness No security system is failsafe. Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and human error. We disclaim any express or implied warranties of security. The best safety measures are the ones you perform as a matter of common sense and habit. 4 VI Blue Moon eSignature Services Document ID: 424460641 RENTAL PAYMENT Although your rental payment policies are stated in your Apartment Lease Contract, we will explain them further here: • All rent is due on the 15t of the month and is late on the 2nd. ❖ If your rent is received by the office after the date specified on your lease, you will be charged a late charge equal to 10% of the rent listed on paragraph 6 of your lease on the 4th. Due to fair housing non- discriminatory practices, no exceptions can be made. No personal checks will be accepted after the 3rd of the month. After that date, you must use either a money order or cashier's check. Cash is not accepted. ❖ We can only accept personal checks from a resident listed on the lease. No checks will be accepted if they are drawn on a company account or if they are written by a non-resident. Bank drafts are not accepted. A returned check fee plus applicable late charges will be assessed on all checks returned by a bank for any reason. Returned checks must be cleared by cashier's check or money order within 24 hours of notification. After we receive 2 returned checks we will no longer accept personal checks for the rent on your apartment (or any other charges). You must pay by cashier's check or money order. No cash will be accepted at any time for rental or other payments. STANDARD CHARGES AND FEES Throughout this handbook fees or charges are noted for various services performed. The list below is a quick reference guide for your convenience. Keys/access devices & locks Duplicate keys $25.00 Re -keying Lock $50.00 After-hours charge when locked out 50.00 Rent Late Charge (initial) 10% of Rent Returned Check Charge plus all late fees $75.00 Pet Fee Pet Rent Trash Fee Electricity Connect Fee CHILDREN $300 non-refundable fee per pet $25.00 per pet $25.00-$50.00/bag $50.00 Persons under 14 must be supervised by an adult proficient swimmer. If a member of our staff sees a child playing in a manner that is physically dangerous or damaging to the community, that staff member may escort the child home and inform the parents of the situation. If the child cannot be identified or is unsupervised, we may keep the child in the office until the parents are located. Parents can be held personally responsible for theft or property damage caused by their children. Parents and guardians must be very careful when entrusting their children to others. Since unattended children are always at risk for injury or abduction, please teach your child personal safety rules. Our community policies do not allow parents or guardians to leave children under the age of 14 without adult supervision. We are obligated to report unattended children to child protective service agencies. Children under the age of 14 are not permitted in the following areas unless accompanied by an adult 18 years of age or older: Laundry rooms Exercise rooms Club rooms Pool areas Persons under 14 must be supervised by an adult proficient swimmer On or near access gates No children of any age are allowed in: • Construction areas High voltage equipment areas or mechanical room DECORATING The staff at your apartment community works very hard to maintain your community's attractive appearance. We ask that you assist us in the following ways: • All window coverings must show ONLY the blinds provided by the property when viewed from outdoors. Foil or window tinting is NOT permitted in windows. Holiday decorations are allowed but must be removed within two weeks of the holiday. No structural changes or additions may be made to the exterior of the building, including patios and balconies. ❖ Since the appearance of patios and balconies affect the appearance of our community, patios and balconies may not be used for the storage of trash, boxes, tires, auto parts, broken furniture, etc. Only furniture designed specifically for outdoor use will be permitted. The management reserves the right to monitor the decor and appearance of your patio or balcony. Roll up shades, curtains, patio rail modifications or temporary fencing such as chicken wire or lattice work, will not be permitted. No alterations may be made to your front door or entrance to your apartment other than a decor wreath. We encourage you to use a front door mat, but we will remove mats that are not designed for outdoor use such as carpet scraps or automobile mats. Inside your apartment, you have the freedom to decorate by hanging pictures, etc. in accordance with Lease Contract limitations. However, in order to receive a refund on your security deposit, you must return the apartment to its original condition, except for reasonable wear and tear as defined by statute. If you fail to do so, you will be charged appropriately. • Residents are responsible for any damages caused by their waterbeds. 5 VI Blue Moon eSignature Services Document ID: 424460641 PETS Pets are not allowed, even temporarily, anywhere in the apartment without a pet agreement. Pets are never allowed to be left on the patio unattended. No unauthorized pets may be fed from the apartment or any part of the community. To avoid a fine, pet waste must be immediately picked up and disposed of by pet owner. Pets must be on a leash when outside of apartment. See a member of the management team for current pet fees and limitations. KEYS/ACCESS DEVICES & LOCKS The care and maintenance of the keys/access devices and locks to your apartment is of critical importance. No one should have a key or other entry device to your apartment without written permission. This includes family, friends, delivery and repair services. (Management will retain a key/access device.) Additional policies regarding keys/access devices and locks: If you lose your apartment keys/access devices or wish to have your lock re -keyed, we will do so for a charge of $50.00 per lock. After office hours, a charge of $50.00 will be assessed for letting you back in after you have inadvertently locked yourself out. Residents must provide photo identification before the staff can allow them access to an apartment. Our staff will open the door only for the residents or "occupants" listed on the lease. Take precautions with your keys/access devices. Do not hide them outside your home. Do not give your keys/access devices to acquaintances. Do not put your address on your key ring. Keep your car keys and your apartment keys on separate rings. Your apartment is provided with a latch on each window and a keyless deadbolt on every exterior door. If your apartment has a sliding glass door, it is equipped with a pin lock and one additional latching device, either a handle latch or a security bar. We strongly recommend that you keep all windows and doors locked at all times. Immediately upon move in, check all of the above and report any broken, missing or inoperable items to the manager. Flags are not allowed to be displayed, EXCEPT for the following: American flag, Texas flag, Military flags, and team flags on game day only. • • • • All requests for service must be made in writing! ADMINISTRATION FEE A non-refundable administration fee of $250-$350 is charged to all residents at time of application. This fee does not cover any move -out cleaning and/or damage charges. APARTMENT TRANSFERS Occasionally residents choose to transfer from one apartment to another within an apartment community. Contact the management office if you are interested in transferring to another apartment for details. MOVING Your apartment community's move -out policies are outlined in your Apartment Lease Contract; however, we will clarify them further. In order to receive a full refund of your apartment security deposit, you must follow all of the procedures: • Fulfill the complete term of your current lease contract. • Give a 60-day written advanced notice to a member of the office staff in the office. We strongly recommend visiting our office in person and completing a prepared form rather than slipping a note through the night drop. • Pay all rent and charges through the scheduled day of your move -out. Remove all personal belongings from the apartment and follow the Move -Out Cleaning Instructions to thoroughly clean your apartment. If you have changed the decor of the apartment, return it to its original condition. Provide the office with a complete forwarding address, in writing. Return all keys, including access gate card keys or opener, gym keys, garage door keys if applicable, to the office. When you are ready to return your keys, we strongly recommend that you ask a member of our office staff to accompany you on an inspection of your apartment to determine its condition and verify the amount of your refund. Your security deposit is subject to deductions as authorized in the Lease Contract. • MOVE -OUT CLEANING INSTRUCTIONS Kitchen 1. Refrigerator: Defrost, clean, wash and disinfect all surfaces. Turn refrigerator off and leave doors open to prevent mildew. 2. Range: Clean all surfaces to remove grease and burned on particles. Thoroughly clean knobs and polish chrome surfaces. Clean underneath burners. 3. Vent -a -hood: Clean all surfaces to remove grease and burned on particles. Remove, clean and reinstall filter. Do not attempt to clean secondary charcoal filter! 4. Dishwasher: Remove debris and wipe inside surfaces. Clean and polish the front panel including knobs. 5. Sink: Scrub and clean sink with appropriate cleanser. Clean garbage disposal insert or gasket, cover and sink strainer. Polish faucet set. 6. Cabinets and Drawers: Remove all lining material, wash and disinfect all shelves and interior surfaces. Clean and shine countertops and cabinet fronts 7. Thoroughly clean light fixture covers, electrical outlet covers and switch plate covers. 8. Clean areas between appliances, walls and cabinets. 9. Floor: Sweep and scrub. Bathroom 1. Bath/Shower: Thoroughly clean tile, porcelain, or fiberglass surfaces. Do not use Ajax or similar abrasive on fiberglass. Polish faucet sets and chrome. 2. Commode: Remove disinfectant devices from the tank. Clean and disinfect all surfaces. 3. Sink: Clean and scour sink. Polish faucet set 6 VI Blue Moon eSignature Services Document ID: 424460641 4. Mirror: Clean with glass cleaner. 5. Cabinets, Drawers, Medicine Cabinet: Remove all lining material, wash and disinfect all shelves and interior surfaces. Clean countertop and cabinet fronts. 6. Floor: Sweep, clean, and disinfect. General 1. Clean all light switches, all window and sliding glass door tracks, windows, the front door, mini - blinds, and all light fixtures and ceiling fans. 2. Sweep patio, sweep cobwebs from around sliding glass door, siding and other areas. Clean patio light fixture. Clean sliding glass door. 3. Vacuum carpet. 4. Remove debris from fireplace and thoroughly clean ashes from fireplace interior surfaces. 5. Make sure all debris is removed from the apartment, including clothes hangers and trash bags. 6. Replace all burned out or missing LED light bulbs. 7. Replace dead or missing smoke detector batteries. 8. A copy of our standard cleaning charges is included on pages 11 and 12 which will be deducted if you fail to adequately clean. PACKAGE CONCIERGE • The Package Concierge is a bank of electronic lockers where your packages are delivered by any delivery agent for your easy retrieval at any time. ❖ When you move in, you will receive your username in an email from Package Concierge. ❖ You will receive an email or text from Package Concierge when a package is delivered. Because we use this electronic locker system, packages will not be accepted at the apartment office. PARKING Your Apartment Lease Contract allows the apartment management to regulate the manner and time of all parking. Our obligations to all residents require that we apply these policies fairly to benefit the greatest number of residents. General parking and vehicle policies are: Motor homes, semi tractors, campers, boats, trailers and other recreational vehicles may NOT be parked in the community. ❖ Inoperable vehicles will be towed at the resident's or visitor's expense. Inoperable vehicles include any vehicle with flat tires, severe damage, expired license plates or inspection stickers. These vehicles will be tagged by the management staff with a 24-hour warning, inspection sticker violations will be tagged with a 10 day warning. To avoid being towed, you must correct the problem or remove the vehicle from the community within the one to 10 day period. Residents may change a flat tire while the vehicle is parked at our apartment community. However, all other repairs and maintenance are prohibited to prevent damage to the parking areas. Vehicles which are illegally parked, such as in a fire lane, another resident's reserved parking space, on the grass or sidewalk, or blocking a trash dumpster, may be towed without notice 24 hours a day. Each vehicle needs to be within a single parking space. Motorcycles or other motor vehicles may not be parked in breezeways or patios. POOLS The pools are provided for the enjoyment of all residents. Help us keep the pools clean and safe by remembering the following policies: Lifeguards are not provided. Swim at your own risk. For your safety, do not swim alone. Management is not responsible for accidents or injuries. There is absolutely no drinking, eating, or smoking while in the pool. Use plastic or paper containers only. Glass items are not permitted. Please refer to the posted pool hours in your apartment community. Persons under 14 must be supervised by an adult proficient swimmer. Do not swim if you have been ill with diarrhea within the past 2 weeks. Diaper changing within 6 feet of the pool is prohibited. Extended breath holding activities are dangerous and prohibited. Pets in the pool area are prohibited except for service animals. Only proper swimming attire is allowed. A swimsuit cover-up should be worn to and from the pool. Cut-offs and thongs may not be worn in the pool. Respect others by keeping noise to a minimum, covering pool furniture with a towel when using suntan oils, leaving pool furniture in pool areas, disposing of trash properly and keeping pool gates closed. In case of emergency. dial 911. LAUNDRY Laundry rooms are provided for the convenience of all residents. Please report any problems or needed repair to the office. We will take prompt action. Children under the age of 14 must be accompanied by an adult 18 years of age or older. Please help us keep the laundry rooms clean by properly disposing of all trash. Remove lint from dryer lint traps and dispose of in trash receptacle. • Laundry washed in the community laundry room has priority for the dryers BEFORE laundry washed elsewhere. FITNESS ROOM The fitness room is provided for the enjoyment of all residents. Help us keep the fitness room clean and safe by remembering the following policies: • Please check with your physician prior to the use of the fitness room. • Use of the fitness room is not recommended for: individuals consuming alcoholic beverages or taking medications, or persons with heart or other serious medical conditions For your safety and enjoyment and for the safety and enjoyment of others; • Keep body clear of weights and other moving parts when using fitness equipment. Do not make repairs on fitness equipment. Please report needed repairs to the management. Do not use, adjust or operate fitness equipment beyond your physical limitations. Please report vandalism and unauthorized users. Do not move or remove fitness equipment from the fitness room. Do not leave personal items in the fitness room. Management is not responsible for lost or stolen articles. 7 VI Blue Moon eSignature Services Document ID: 424460641 Respect others by keeping noise to a minimum and by disposing of trash properly. In case of emergency, dial 911 GENERAL POLICIES Amenities are provided for the enjoyment of all residents. Help us keep the areas clean and safe by remembering the following policies: ❖ Attendants are not provided. Use the amenities at your own risk. Management is not responsible for accidents or injuries. Amenity hours are subject to management discretion; please refer to the management office for current hours of operation. Children under the age of 14 must be accompanied at all times by a parent or legal guardian (all wet areas and others as specified). Pets are not allowed in any amenity area. Use plastic or paper containers only. Glass is not permitted. (Alcoholic beverages are not allowed in indoor amenity areas.) Read directions before operating any equipment. Proper use of the equipment is imperative to prevent abuse of the equipment and to keep it in proper working condition. No horseplay! • •;. •;. •;. •;. •;. • We reserve the right to perform construction during business hours to repair/renovate the conditions of both the interior or exterior of the property. In case of emergency, dial 911 SATELLITE DISHES Residents who wish to install a satellite dish or receiving antenna must sign the latest "Satellite Dish and Antenna Addendum to Lease Contract" published by the Texas Apartment Association and comply with the requirements of that addendum. A resident may install no more than 1 satellite dish or receiving antenna on the leased premises (inside your dwelling or an outside area that is leased exclusively to the resident such as a balcony, patio) dish installation is not permitted in the yard/grass areas. No other satellite dishes or antennas are allowed. An additional general security deposit of S500 will be charged as a condition of having a satellite dish or antenna. Liability insurance in a coverage amount of $250,000 will also be required. PACKAGES The Encore on Mustang Apartments will not be able to accept packages. PICTURE RELEASE Slate Apartments has my permission to use my or my child's photograph publicly to promote the community. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use. RELEASE AND CONSENT I, as a resident or occupant of The Encore on Mustang Apartments agree as follows: 1. I may wish to participate in activities at the Apartment Community named above, including but not limited to: Sauna, Swimming Pool, Fitness Room, Exercise Equipment, Playground, Dog Park, BBQ Pits & Other Activities. 2. I agree to exercise due care for my safety at all times, and I assume all risks associated with or incidental to the activities named above. 3. In consideration for my being permitted to participate in such activities, I release and discharge the Apartment Community, its owners, managing agents, officers, directors, agents, employees, and assigns from all present and future claims and liabilities resulting from my participation or involvement in any of the above activities, including but not limited to property damage and personal injuries. 4. I will refrain from participation in such activities if my health, medical condition, medical treatment, or prescription medicine makes such activities dangerous for me. I give management permission to summon or provide, at my expense, medical personnel or treatment in connection with such activities —but management will have no duty to do so. If I need medical attention, I consent to all necessary treatment and authorize all steps necessary to treat any injury or condition. I understand that this is a full and complete release and a covenant not to sue. I have read it carefully and thoroughly and have executed it voluntarily. Resident Signature: BedhicOlanda, Resident Signature: Resident Signature: Resident Signature: Resident Signature: Resident Signature: 8 Vi Blue Moon eSignature Services Document ID: 424460641 SECURITY ACKNOWLEDGEMENT AND RELEASE I hereby state that I have inspected the apartment and have determined to my satisfaction that the smoke detectors, door locks and latches, window locks and latches, and other security devices in the apartment are adequate and in proper working order. Any comments that I have about the security devices in the apartment are contained on the Move-In/Move-out Inventory and Condition Form. I understand that the Move -in Condition form is not a written request to Owner to repairs any device. If such repairs are needed, I agree to promptly inform Owner in writing. I acknowledge that Owner is under no obligation or duty to inspect, test, or repair any device unless and until Owner has received written request from me, except when the initial lease term begins and in the case of smoke detectors, when a new detector is installed by the Owner. I recognize that Owner, its agents and legal representatives are not insurers. I understand that Owner, its agents and legal representatives do not guarantee, warrant or assure my personal security and are limited to their ability to provide protection. I have been informed and understand and agree that my personal safety and security is my personal responsibility. In particular, I recognize that it is more reasonable for each individual to determine what risks of loss are unforeseeable and to protect against such losses. I, therefore, agree that it shall be my responsibility to obtain insurance to protect against our losses and to take all other reasonable steps to protect my safety. I agree that the furnishings of the safety devices will not constitute a guarantee or warranty of their effectiveness or impose any obligation on Owner to continue them, except as required by TEX.REV.CIV.STAT.ANN.ART.5236. I, hereby release the Owner, Richmark Properties and their respective agents, officers, directors, owners, partners, employees, employers, and their legal representative(s) from any claim whatsoever with respect to any personal injury, property damage, or death: which is in any way related either to my reliance on any of the safety devices mentioned above or to any defect, malfunction, or inadequacy thereof. COVERED PARKING Your apartment community offers reserved parking spaces at an additional charge. Contact the office if you would like to rent a reversed parking space. All vehicles parked in the reversed spaces that DO NOT belong to them will be towed at the owner's expense. ELECTRIC ADDENDUM I acknowledge that I have had the electricity for my apartment transferred into my own name. The following information will supply the apartment community with my account data. I also understand that if at any time the electricity is in the apartment community's name during my residency, the electric service will be disconnected immediately, and all charges will be billed to my rental account including a $50 utility fee. Resident Signature: BentAicOianda, Resident Signature: Resident Signature: Resident Signature: Resident Signature: Resident Signature: AMENITY ADDENDUM The Encore on Mustang Apartments provides a nice amenity package to our valued residents. As a result, an amenity fee in the amount of S15 per month will be added to your account for use of the amenities. This fee goes to the maintenance and upkeep of the amenities on the property. Amenities include, but not limited to: Swimming Pool, Fitness Room, Outdoor Picnic and Grills, Dog Park, Smart Technology: smart locks, smart thermostat and video doorbells, and any other amenity that may be added in the future. "Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner's discretion, without notice or compensation; provided that if this agreement expressly includes a separate Amenity fee, Resident's sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable for 14 days or longer" FITNESS CENTER RULES • No one under the age of 14 years is permitted in the fitness room, without a parent or legal guardian. • Bicycles, skateboards, roller blades, and pets are not allowed in the fitness center. • No gum or chewing tobacco inside the fitness room. 9 VI Blue Moon eSignature Services Document ID: 424460641 ••. •;. ••. • ••. •;. ••• ••. • • No food, drink in the fitness center, except water in sealed -top bottles. No signs, posters, advertisements or decorations may be placed or posted in the fitness room. Bathing suits and jeans are not permitted in the fitness center. Shirts and shoes must be worn, no flip flops or sandals. No jeans or pants with exposed belt loop. Residents must accompany theirs guest(s) at all times. Please wipe off the machines after each use. When the fitness center is being used by multiple residents, please limit your time on the cardiovascular equipment to 20 minutes. Persons abusing the equipment will be prohibited from using the fitness center. Please refrain from using profanity. Disorderly conduct and horseplay will not be tolerated. The fitness center is open 24 hours but is subject to change when necessary. POOL ADDENDUM • You may bring two guests per apartment. Please obtain permission from office to have more than two guests. • Management reserves the right to refuse any one from entering the pool area. Management also reserves the right to ask anyone to leave at any time. • Persons under the age of 14 must be supervised by an adult proficient swimmer. •,• You must be 14 years of age or older to be in pool area unaccompanied. • No cut off shorts, street clothes or shoes allowed in pool. Please wear proper swim attire in pool. • Please conduct yourself in a respectful manner while using the facilities. No lewd conduct! You are responsible for your guest behavior at all times. • No running, diving, horse play or excessive noise in pool area. • No glass containers allowed in pool area. • No pets allowed in pool area. • NO LIFE GUARD ON DUTY. Swim at your own risk. Slate Apartments and its management are not responsible for you, your guests, or your belongings while in pool area. PET PARK RULES ••. •;. • • ••• • •;. •• ••. Dogs must stay within specified dog park area. Never leave your dog unattended. Owners must clean up after their dogs. Any aggressive dog needs to be immediately removed from pet park. Do not bring dogs that are in heat. Dogs must be licensed by the City of Richardson and immunized. Children must be supervised closely. Use the pet park at your own risk. Per City of Richardson rules, dogs should always be on a leash before and after using the pet park or elsewhere on property. BARBECUE GRILLING RULES The following is a policy concerning the use and storage of charcoal and gas grills at multi -family dwellings & the use of our outdoor pool and picnic BBQ areas: •• The City of Grapevine prohibits the storage or use of all open flame cooking devices (grills, smokers, hibachi, etc.) on any patio, landing, balcony, porch, or within ten (10) feet of any apartment building, garage, carport, or other structure located within an apartment complex. • My signature on this document, to be maintained by the manager of this community, is my acknowledgement that as a resident of this apartment community, I clearly understand that such cooking is a violation of the fire code subject to a fine up to $2,000. It is also understood, as the person leasing the apartment, that I am responsible for the compliance as it relates to other occupants of my apartment as well as my guest. The outdoor BBQ is to be cleaned after each use by residents. You must supervise children around hot grills. Please make sure all knobs are in the off position before leaving the grilling area. Check surrounding area for flammable debris. Be courteous with your time if others are waiting to use the grills. + The Fire Department will issue fines if this policy is not adhered to. 10 Vi Blue Moon eSignature Services Document ID: 424460641 RESIDENT HANDBOOK & COMMUNITY POLICIES ADDENDUM I acknowledge receipt of a Resident Handbook & Community Policies which becomes a part of the Lease Contract. The policies set forth in this handbook are additions to the rules and policies outlined in the Apartment Lease Contract and are binding on all residents, occupants and guests. Reasonable changes to these rules may be made as provided in your Lease Contract. Resident Signature: Bell Resident Signature: Resident Signature: Resident Signature: Resident Signature: Resident Signature: CLEANING AND DAMAGE CHARGES Provided you have occupied your apartment AT LEAST TWELVE (6) MONTHS, management shall assess charges against the security deposit for the following unless condition upon move -out exceeds normal wear and tear: Should you occupy the apartment LESS THAN TWELVE (12) MONTHS, a pro -rated charge will be assessed by management for any of the above listed work required. Prorate charge will be based on the following schedule: Painting/Primer $45-$200 Carpet/Flooring Pet Treatment $125-$350 Carpet Shampoo $100-$300 Smoke Damage Based on cost (includes, air ducts, ceiling fans, carpet, blinds, sheetrock, etc.) General cleaning of any kind is NOT considered to be a condition of normal wear and tear. Please leave your apartment clean. If the apartment is not left clean, the following charges will apply: Oven $30 Shower Wall Tile $25 Range Top $15 Commode $25 Vent Hood $10 Faucets $10 each Refrigerator $25 Mirrors $10 each Floors $10 Counters $10 each Light Fixtures $5 each Microwave $20 Cabinets $12 each Fireplace $50 Sink $5 Wash Patio Doors $15 each Dishwasher $15 Wash Windows $10 each Trash Removal $25 each Vacuum Carpet $10 room Clean Ceiling Fans $10 each Bathtub $25 Remove Wallpaper $20/hr Replacements (flat charge): Oven Rack $25 Interior Door $85 Exterior Door $125 Stove Burner $25 each Broken/Missing Screen $45 each Drip Pan $10 each Broken/Missing Window $50 2" Mini -Blind replacement $50 each Door Key $25 Vertical Blind $50 each Fire Extinguisher $58 Door Locks (non smart locks) $40 each Mail Box Key $25 Smoke Detector/Alarm $20 each Fitness Center Key Fob $25 Refrigerator Crisper Tray $25 each Peep Holes $11 Framed mirror $195 Special Extermination $50-$150 a visit Window Locks $15 each Smart Thermostat $100 Smoke Damage Based on actual cost Smart hub $180 Smart lock $115 Smart Video Doorbell $100 Framed mirror $195 Carpet (5 years) Pro -rated* Stove glass top $272 Vinyl Floors (7 years) Pro -rated* By signing below I understand any cleaning and damage costs assessed by management upon move out will be based on the schedule outlined above. I further understand that any escrow deposit, which was paid by me upon move -in, will be applied towards any balance owed as a result of the assessment of these charges or any other unpaid sums due. Resident Signature: BNB Resident Signature: Resident Signature: Resident Signature: Resident Signature: Resident Signature: 11 Vi Blue Moon eSignature Services Document ID: 424460641 GRANITE Granite countertops are a natural stone that require some care to maintain. I agreeing to follow the basic rules of care: • Clean up spills immediately to minimize damage to your stone. (Don't wait!) • Use trivets or mats under hot dishes and cookware. • Use place mats under china, ceramics, silver and other objects that can scratch your stone's surface. • Use coasters under glassware (especially if they contain alcohol or citrus juices) • Clean surfaces regularly with granite cleaner. • Do not use cleaners that contain acid such as bathroom cleaners, grout cleaners or tub cleaners. Do not use vinegar, bleach, ammonia, general-purpose cleaners, or alkaline cleaners not specifically formulated for stone. Do not use abrasive cleaners such as dry cleansers, soft cleansers, and scouring powders because they will scratch the surface. I understand that I will be responsible for reimbursement of repairs/replacement if I do not follow the rules listed above and are negligent in caring for the granite in my rented dwelling. LEASE ADDENDUM FOR VIDEO DOORBELL This is an addendum to the Lease Contract (Lease) dated 03/01/2024 for Apartment No. 1048 at 3039 Mustang Drive 1048 in Grapevine , Texas (the "Premises"). This Lease Addendum for Video Doorbell (the "Addendum") is entered into by and between Beatrice Hunda ("Resident," whether one or more) and Encore on Mustang ("Owner") as of the Effective Date upon the terms and conditions stated herein. 1. Purpose. The purpose of this Addendum is to provide rules, regulations, representations, and agreements related to the installation and use of video, smart doorbell devices and smart technology front door locks and thermostats (collectively, the "Video Doorbell"). 2. Account creation with provider responsibility is with the resident only. Resident acknowledges that they shall be responsible for creating an account, activating service, and maintaining service directly with the Video Doorbell provider via the provider's website, smart phone application, or other similar platform provided by the provider. Resident agrees that Owner will not be responsible for providing service to the Video Doorbell nor will Owner be liable for damages caused by Resident's failure to establish or maintain service or by any service interruption. 3. Representations regarding security. Resident acknowledges that the Premises may be equipped with a Video Doorbell and that such a device cannot be relied upon to provide security and safety because it can be bypassed or rendered inoperable. Resident acknowledges and agrees that no security system or measure is a failsafe against crime and that the Owner makes no representations or warranties, either express or implied, regarding safety or security. Such warranties are expressly disclaimed by the Owner. Resident should always follow safety protocols such as locking doors, locking windows, etc. More safety procedures are listed in the Community Policies for the property. 4. Use of Video Doorbell. Resident shall not use any Video Doorbell or any other surveillance device in any way to obstruct, interfere with, or infringe upon the rights, solitude, peace, or privacy of any other person, including other residents, occupants, guests, or staff at the Owner's apartment community. Video Doorbells and other surveillance devices shall not be used in any improper, unlawful, objectionable, or offensive manner or for any improper, unlawful, objectionable, or offensive purpose. Resident agrees not to alter, remove, install, or damage in any way any Video Doorbell or other surveillance device. Resident agrees to abide by any statute, ordinance, regulation or other governmental restriction related to the use of Video Doorbells or other surveillance devices. 12 Vi Blue Moon eSignature Services Document ID: 424460641 5. Indemnification against claims of misuse. Resident agrees to reimburse, indemnify, and defend Owner from and against any and all claims and liabilities incurred by Owner related to the use of a Video Doorbell or other surveillance device or the violation of this Addendum or any statute, ordinance, regulation or other governmental restriction by Resident, any member of Resident's household, or any occupant or guest of Resident. Owner is not liable or and Resident shall promptly reimburse Owner for damage to the Video Doorbell caused in any way by Resident, any member of Resident's household, or any occupant or guest of Resident 6. Representations regarding privacy: Resident expressly acknowledges that they may be subject to surveillance and recording while using the common areas, garages, hallways, and amenities of the Owner's apartment community. Resident acknowledges and agrees that Resident maintains no reasonable expectation of privacy in any common area or amenity of the Owner's apartment community or any portion(s) of the Premises that may be in plain view from any, Doorway, walkway common area, or amenity. By making the voluntary decision to use the common areas and amenities or to expose portions of the Premises to the plain view of any common area or amenity, Resident takes full responsibility for and assumes all risk of loss of privacy and solitude. 7. Default. Resident acknowledges, understands, and agrees that the rules and regulations contained in this Addendum shall also apply to the conduct of all members of the Resident's household and to all of Resident's occupants and guests. Resident further acknowledges and agrees that a violation of any portion of this Addendum by any member of the Resident's household or any of Resident's occupants and guests shall be considered a default of this Addendum and the Lease by Resident. Resident acknowledges that a failure to comply with this Addendum, including the misuse of any Video Doorbell or other surveillance device by Resident, any member of Resident's household, or any occupant or guest of Resident shall be a material breach of the Lease by Resident for which Owner is entitled to exercise all rights and remedies available by the Lease and under the law, including termination of Resident's right to possession and the pursuit of judicial eviction. I have read, understand, and agree to be bound by and to comply with the preceding provisions: Resident Signature: Be attic- Resident Signature: Resident Signature: Resident Signature: Resident Signature: Resident Signature: OWNER or OWNER'S REPRESENTATIVE: RO Quv Del_'& Cruz 03/01 /2024 Date (Owner or Owner's Representative) 13 Vi Blue Moon eSignature Services Document ID: 424460641 E-SIGNATURE CERTIFICATE This certificate details the actions recorded during the signing of this Document. 13bLuernoon DOCUMENT INFORMATION Status Signed Document ID 424460641 Submitted 03/01/24 Total Pages 43 Forms Included PARTIES Flood Disclosure Notice, Bed Bug Addendum, Insurance Addendum, Apartment Lease Form, Inventory and Condition Form, Animal Addendum, Mold Information and Prevention Addendum, Security Guidelines, Asbestos Addendum, Water/Wastewater Cost Allocation Addendum, Natural Gas Cost Allocation Addendum, Addendum for Rent Concession, Lease Addendum for Washing Machine and Dryer, Lease Addendum for Allocating Services and Government Fees, Lease Addendum for Trash Removal and Recycling Costs - Flat Fee, Lease Addendum Regarding Smoking, Lease Addendum for Addressing Carrying Firearms Onsite, Virus Warning and Waiver Addendum, Encore on Mustang - Community Policies Beatrice Hunda signer key: 033935e3bbffdae9e2323abe6c7f1 d82 IP address: 172.59.197.65 signing method: Blue Moon eSignature Services authentication method: eSignature by email beatricehunda@yahoo.com browser: Mozilla/5.0 (Linux; Android 10; K) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/120.0.0.0 Mobile Safari/537.36 Bed Hu,n,cla Kaytlin De La Cruz signer key: d9db7aa09b48ac55d471981ddf92b335 IP address: signing method: Blue Moon eSignature Services authentication method: eSignature by email eom@wehnermultifamily.com R.Oirt. De .Ca Cruz (Manager) DOCUMENT AUDIT 1 03/01/24 04:53:42 PM CST 2 03/01/24 04:55:32 PM CST 3 03/01/24 04:54:37 PM CST 4 03/01/24 04:54:37 PM CST 5 03/01/24 04:55:31 PM CST 6 03/01/24 04:54:57 PM CST 7 03/01/24 04:54:57 PM CST 8 03/01/24 04:55:36 PM CST 9 03/01/24 04:55:00 PM CST 10 03/01/24 04:55:01 PM CST 11 03/01/24 04:55:08 PM CST 12 03/01/24 04:55:09 PM CST 13 03/01/24 04:55:12 PM CST Beatrice Hunda accepted Consumer Disclosure Beatrice Hunda signed Flood Disclosure Notice Beatrice Hunda dated Bed Bug Addendum Beatrice Hunda signed Bed Bug Addendum Beatrice Hunda signed Insurance Addendum Beatrice Hunda signed Apartment Lease Form Beatrice Hunda dated Apartment Lease Form Beatrice Hunda signed Inventory and Condition Form Beatrice Hunda signed Animal Addendum Beatrice Hunda dated Animal Addendum Beatrice Hunda signed Mold Information and Prevention Addendum Beatrice Hunda dated Mold Information and Prevention Addendum Beatrice Hunda signed Security Guidelines DOCUMENT AUDIT CONTINUED 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 03/01/24 04:54:49 PM CST 03/01/24 04:55:14 PM CST 03/01/24 04:55:16 PM CST 03/01/24 04:55:18 PM CST 03/01/24 04:55:22 PM CST 03/01/24 04:55:20 PM CST 03/01/24 04:55:24 PM CST 03/01/24 04:55:26 PM CST 03/01/24 04:55:59 PM CST 03/01/24 04:55:28 PM CST 03/01/24 04:55:56 PM CST 03/01/24 04:55:57 PM CST 03/01/24 04:55:47 PM CST 03/01/24 04:55:48 PM CST 03/01/24 04:55:51 PM CST 03/01/24 04:55:52 PM CST 03/01/24 04:56:11 PM CST 03/01/24 04:56:23 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST 03/01/24 04:56:51 PM CST Beatrice Hunda signed Asbestos Addendum Beatrice Hunda signed Water/Wastewater Cost Allocation Addendum Beatrice Hunda signed Natural Gas Cost Allocation Addendum Beatrice Hunda signed Addendum for Rent Concession Beatrice Hunda signed Lease Addendum for Washing Machine and Dryer Beatrice Hunda signed Lease Addendum for Allocating Services and Government Fees Beatrice Hunda signed Lease Addendum for Trash Removal and Recycling Costs - Flat Fee Beatrice Hunda signed Lease Addendum Regarding Smoking Beatrice Hunda checked box on Lease Addendum Regarding Smoking Beatrice Hunda signed Lease Addendum for Addressing Carrying Firearms Onsite Beatrice Hunda dated Virus Warning and Waiver Addendum Beatrice Hunda signed Virus Warning and Waiver Addendum Beatrice Hunda signed Encore on Mustang - Community Policies Beatrice Hunda signed Encore on Mustang - Community Policies Beatrice Hunda signed Encore on Mustang - Community Policies Beatrice Hunda signed Encore on Mustang - Community Policies Beatrice Hunda signed Encore on Mustang - Community Policies Beatrice Hunda submitted signed documents Kaytlin De La Cruz accepted Consumer Disclosure Kaytlin De La Cruz signed Flood Disclosure Notice Kaytlin De La Cruz dated Flood Disclosure Notice Kaytlin De La Cruz signed Bed Bug Addendum Kaytlin De La Cruz dated Bed Bug Addendum Kaytlin De La Cruz signed Insurance Addendum Kaytlin De La Cruz signed Apartment Lease Form Kaytlin De La Cruz signed Inventory and Condition Form Kaytlin De La Cruz signed Animal Addendum Kaytlin De La Cruz dated Animal Addendum Kaytlin De La Cruz signed Mold Information and Prevention Addendum Kaytlin De La Cruz dated Mold Information and Prevention Addendum Kaytlin De La Cruz signed Security Guidelines Kaytlin De La Cruz signed Asbestos Addendum Kaytlin De La Cruz signed Water/Wastewater Cost Allocation Addendum Kaytlin De La Cruz signed Natural Gas Cost Allocation Addendum Kaytlin De La Cruz signed Addendum for Rent Concession Kaytlin De La Cruz signed Lease Addendum for Washing Machine and Dryer Kaytlin De La Cruz signed Lease Addendum for Allocating Services and Government Fees Kaytlin De La Cruz signed Lease Addendum for Trash Removal and Recycling Costs - Flat Fee Kaytlin De La Cruz signed Lease Addendum Regarding Smoking Kaytlin De La Cruz signed Lease Addendum for Addressing Carrying Firearms Onsite Kaytlin De La Cruz signed Virus Warning and Waiver Addendum Kaytlin De La Cruz dated Virus Warning and Waiver Addendum Kaytlin De La Cruz signed Encore on Mustang - Community Policies Kaytlin De La Cruz dated Encore on Mustang - Community Policies Kaytlin De La Cruz submitted signed documents M&C Review Page 1 of 7 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH DATE: 8/8/2023 REFERENCE NO.: CODE: M&C 23-0631 LOG NAME: NON- PUBLIC CONSENT HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) C TYPE: 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN YES RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00 annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023- 2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation from $2,000,000.00 to $2,500,000.00. 4. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 5. Authorize the collection and use of an estimated $50,000.00 of program income which is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 6. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 7. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/councilpacket/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 2 of 7 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of $6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and $2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%, estimated total of $393,106.92. DISCUSSION: The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable housing needs and sets strategic priorities and goals for use of federal grants funds from the United States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be addressed with Annual Action Plans that summarize the major housing and community development activities and proposed expenditures for each of the five years. These priorities and goals were developed to be consistent with strategies and initiatives previously adopted by the City Council, as well as through an assessment of community needs. This included Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are summarized below. PRIORITY NEED GOAL Promote Affordable Housing for Renters and Owners Increase neighborhood stability through homeownership assistance; Fair Housing efforts, and supportive services for renters and owners Housing Preservation and Rehabilitation Preserve and expand the supply of quality affordable housing throughout the City Neighborhood Improvement and Revitalization Enhance neighborhood development and revitalization throughout the City Economic Empowerment and Financial Resilience Support programs and services providing employment training and career readiness programs that promote self-sufficiency and household stability Children and Youth Services Support programs and services to prepare children and youth for success through educational, mentoring, training and related programs Aging In Place Support programs and services for older adults to access resources needed to age in their homes, while maintaining both their independence and quality of life Accessibility Improvements Improve accessibility in public facilities and housing, including architectural barrier removal Homelessness Prevention and Special Needs Support Provide housing and support services for persons experiencing and at -risk of experiencing homelessness; support efforts to achieve permanent housing Healthy Living and Wellness Support programs and services to improve the mental and physical health of low -to moderate -income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and htt[)://anns.cfwnet.ora/council Dacket/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 3 of 7 Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income persons with HIV/AIDS. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to participate in the development of the Annual Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 10, 2023. These funding recommendations were presented in City Council Work Session on August 1, 2023. A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is scheduled for the City Council on August 8, 2023. A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be submitted to HUD by August 15, 2023. Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This will require an increase in the expenditure authority for the PRP and the contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as follows: Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs Major Projects - $636,610.00: Includes for multifamily rental rehabilitation Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: littn•//anns_cfwnet.orp/council racket/me review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 4 of 7 Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for multifamily housing development in southeast Fort Worth. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by HUD. Community Housing Development Organization Operating - $45,000.00: Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $327,111.90: Includes costs for administering the HOME grant Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated as follows: Public Service Agencies - $564,752.00 Administration - $45,791.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT AB Christian Learning Center Children and Youth Services Out of School Time Program $78 218.00 Boys & Girls Clubs of Greater Tarrant County, Inc. Children and Youth Services Youth Development at Eastside Branch $70,000.00 Camp Fire First Texas Children and Youth Services Teens In Action $50,000.00 Cancer Care Services Healthy Living and Wellness Cancer Care Services $50,000.00 Easter Seals North Texas, Inc. Economic Empowerment and Financial Resilience Employment Services $60,000.00 Girls Incorporated of Tarrant County Children and Youth Services Leadership Program $100,000.00 Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00 httn://apps.cfwnet.ora/council packet/me review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel Promote Affordable Housing for Renters and Owners Housing Counseling & Education $111,000.00 Junior Achievement of the Chisholm Trail, Inc. Children and Youth Services Cradle to Career Initiative $25,000.00 Maroon 9 Community Enrichment Organization Children and Youth Services Maroon 9 Teen Enrichment Program $25,000.00 Meals -On -Wheels, Inc. of Tarrant County Aging In Place Nutrition Program $75,000.00 NPower Inc. Economic Empowerment and Financial Resilience Tech Fundamentals Workforce Training Program $25,000.00 The Ladder Alliance Economic Empowerment and Financial Resilience Tarrant County Workforce Development $80,000.00 The Women's Center of Tarrant County, Inc. Economic Empowerment and Financial Resilience Employment Solutions $75,000.00 United Community Centers, Inc. Children and Youth Services Holistic Educational Literacy Program $125,000.00 CDBG Public Services Agencies Total $1,049,218.00 Rehabilitation, Education and Advocacy for Citizens with Handicaps dba REACH, Inc. Accessibility Improvements Project Ramp $165,000.00 Fort Worth Area Habitat for Humanity, Inc. DBA Trinity Habitat for Humanity Housing Preservation and Rehabilitation Cowtown Brush Up $455,000.00 CDBG Subrecipient Agencies Total $620,000.00 TOTAL CDBG CONTRACTS $1,669,218.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Center, Inc. Administration, Support Services, Short -Term Rent, Mortgage, and Utility Assistance (STRMU), Tenant- Based Rental Assistance $429,850.00 Tarrant Samaritar° unty Housin Inc. g' Administration, Facility -Based Operations, Supportive Services, Tenant -Based Rental Assistance (TBRA) $1,300,000.00 TOTAL HOPWA CONTRACTS $1,729,850.00 Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant County, Inc. Shelter Operations/Services $116,635.00 Lighthouse for the Homeless dba True Worth Place Day Shelter Operations/Services $158,400.00 httn•Hanns.cfwnet.or /council racket/me review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 6 of 7 The Salvation Army Center for Transforming Lives SafeHaven of Tarrant County Homelessness Prevention $150,000.00 Rapid Re -Housing Shelter Operations/Services TOTAL ESG CONTRACTS $75,901.00 $63,816.00 $564,752.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2023 Agency Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.org/council packet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filings.pdf (Public) ConPlan July 12 Public Hearing.pdf (Public) FWCP City Council NQRC Committee Power Point Interim Report Community Engagement Report June 2, 2023.pptx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx (Public) ORD.APP 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 AO23(r7).docx (Public) htto://anns.cfwnet.org/council packet/me review. asp?ID=3 125 8 &councildate=8/8/2023 8/17/2023